II 

Calendar No. 717 

111TH CONGRESS 

2D SESSION H. R. 6523 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2010 

Received 

DECEMBER 19, 2010 

Read twice and placed on the calendar 

AN ACT 

To authorize appropriations for fiscal year 2011 for military 

activities of the Department of Defense, for military 

construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Ike Skelton National Defense Authorization Act for Fis6 cal Year 2011’’. 

7 (b) REFERENCES.—Any reference in this or any 

8 other Act to the ‘‘National Defense Authorization Act for 

9 Fiscal Year 2011’’ shall be deemed to refer to the ‘‘Ike 

10 Skelton National Defense Authorization Act for Fiscal 

11 Year 2011’’. 

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

13 CONTENTS. 

14 (a) DIVISIONS.—This Act is organized into three divi15 sions as follows: 

16 (1) Division A—Department of Defense Au17 thorizations. 

18 (2) Division B—Military Construction Author19 izations. 

20 (3) Division C—Department of Energy Na21 tional Security Authorizations and Other Authoriza22 tions. 

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

24 this Act is as follows: 

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 


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DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Navy Programs 

Sec. 111. Multiyear funding for detail design and construction of LHA Replacement ship designated LHA–7. 

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

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

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

Subtitle C—Joint and Multiservice Matters 

Sec. 121. Limitations on biometric systems funds. 

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

Fighter aircraft program. 

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

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

Sec. 125. Study on lightweight body armor solutions. 

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

Sec. 127. Contracts for commercial imaging satellite capacities. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Enhancement of Department of Defense support of science, mathematics, and engineering education. 

Sec. 212. Limitation on use of funds by Defense Advanced Research Projects 

Agency for operation of National Cyber Range. 

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

Joint Light Tactical Vehicle. 

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

ground vehicles, ground vehicle systems, and components. 

Sec. 215. Demonstration and pilot projects on cybersecurity. 

Subtitle C—Missile Defense Programs 

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

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

with foreign entities. 

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

Europe. 

Sec. 224. Medium Extended Air Defense System. 


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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. 

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. 


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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 


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

Sec. 502. Authority for appointment of warrant officers in the grade of W–1 

by commission and standardization of warrant officer appointing authority. 

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

and records of special selection boards. 

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

Sec. 505. Modification of authority for officers selected for appointment to general and flag officer grades to wear insignia of higher grade before appointment. 

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

a commissioned officer required for voluntary retirement as an 

officer. 

Subtitle B—Reserve Component Management 

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

allocation. 

Sec. 512. Assignment of Air Force Reserve military technicians (dual status) 

to positions outside Air Force Reserve unit program. 

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

military technicians. 

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

Board. 

Sec. 515. Repeal of requirement for new oath when officer transfers from active-duty list to reserve active-status list. 

Sec. 516. Leave of members of the reserve components of the Armed Forces. 

Sec. 517. Direct appointment of graduates of the United States Merchant Marine Academy into the National Guard. 

Subtitle C—Joint Qualified Officers and Requirements 

Sec. 521. Technical revisions to definition of joint matters for purposes of joint 

officer management. 

Sec. 522. Modification of promotion board procedures for joint qualified officers 

and officers with Joint Staff experience. 

Subtitle D—General Service Authorities 

Sec. 531. Extension of temporary authority to order retired members of the 

Armed Forces to active duty in high-demand, low-density assignments. 

Sec. 532. Non-chargeable rest and recuperation absence for certain members 

undergoing extended deployment to a combat zone. 

Sec. 533. Correction of military records. 

Sec. 534. Disposition of members found to be fit for duty who are not suitable 

for deployment or worldwide assignment for medical reasons. 

Sec. 535. Review of laws, policies, and regulations restricting service of female 

members of the Armed Forces. 

Subtitle E—Military Justice and Legal Matters 

Sec. 541. Continuation of warrant officers on active duty to complete disciplinary action. 

Sec. 542. Enhanced authority to punish contempt in military justice proceedings. 


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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. 

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. 


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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 


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Sec. 641. Addition of definition of morale, welfare, and recreation telephone 

services for use in contracts to provide such services for military personnel serving in combat zones. 

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

Northern Mariana Islands. 

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

Naval Air Station, Maine. 

Subtitle F—Other Matters 

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

duty. 

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

aviation career officers extending period of active duty. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

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

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

Sec. 703. Survivor dental benefits. 

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

Sec. 705. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program. 

Subtitle B—Health Care Administration 

Sec. 711. Administration of TRICARE. 

Sec. 712. Postdeployment health reassessments for purposes of the medical 

tracking system for members of the Armed Forces deployed 

overseas. 

Sec. 713. Clarification of licensure requirements applicable to military healthcare 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. 


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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. 


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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. 


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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 


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

Studies. 

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

2011. 

Sec. 943. Report on organizational structure and policy guidance of the Department of Defense regarding information operations. 

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

command headquarters. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Authorization of additional appropriations for operations in Afghanistan, Iraq, and Haiti for fiscal year 2010. 

Sec. 1003. Budgetary effects of this Act. 

Subtitle B—Counter-Drug Activities 

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

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

Sec. 1013. Reporting requirement on expenditures to support foreign counterdrug 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 


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

Subtitle F—Studies and Reports 

Sec. 1051. Interagency national security knowledge and skills. 

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

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

Sec. 1054. Biennial report on nuclear triad. 

Sec. 1055. Comptroller General study on common alignment of world regions 

in departments and agencies with international responsibilities. 

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

and recapitalization efforts in support of the national defense 

strategy. 

Sec. 1057. Comptroller General study and recommendations regarding security 

of southern land border of the United States. 

Subtitle G—Miscellaneous Authorities and Limitations 

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

law. 

Sec. 1062. Prohibition on infringing on the individual right to lawfully acquire, 

possess, own, carry, and otherwise use privately owned firearms, ammunition, and other weapons. 

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

and security of nuclear weapons. 

Subtitle H—Other Matters 

Sec. 1071. National Defense Panel. 

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

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

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

emergency assistance. 

Sec. 1075. Technical and clerical amendments. 

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

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

Freedom. 

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

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

TITLE XI—CIVILIAN PERSONNEL MATTERS 

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

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

Sec. 1103. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

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

and treatment of wounded and injured members of the Armed 

Forces. 

Sec. 1105. Rate of overtime pay for Department of the Navy employees performing work aboard or dockside in support of the nuclear aircraft carrier forward deployed in Japan. 


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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. 


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

the anti-access and area-denial capabilities of certain nationstates. 

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

to counter violent extremism outside the United States. 

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

United States, Iran, and certain other countries. 

Sec. 1241. Requirement to monitor and evaluate Department of Defense activities to counter violent extremism in Africa. 

Sec. 1242. NATO Special Operations Headquarters. 

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

TITLE XIII—COOPERATIVE THREAT REDUCTION 

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

Sec. 1302. Funding allocations. 

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

in countries outside of the former Soviet Union. 

Sec. 1304. Plan for nonproliferation, proliferation prevention, and threat reduction activities with the People’s Republic of China. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

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

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

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

Maintenance Revolving Fund. 

Sec. 1405. National Defense Sealift Fund. 

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

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

Sec. 1408. Defense Inspector General. 

Sec. 1409. Defense Health Program. 

Subtitle B—National Defense Stockpile 

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

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

Subtitle C—Chemical Demilitarization Matters 

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

munitions. 

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. 


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TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Additional Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Navy and Marine Corps procurement. 

Sec. 1505. Air Force procurement. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. National Guard and Reserve equipment. 

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund. 

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

Sec. 1510. Operation and maintenance. 

Sec. 1511. Military personnel. 

Sec. 1512. Working capital funds. 

Sec. 1513. Defense Health Program. 

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

Sec. 1515. Defense Inspector General. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Subtitle C—Limitations and Other Matters 

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

Fund. 

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

Sec. 1533. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. 

Sec. 1534. Joint Improvised Explosive Device Defeat Fund. 

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

and economic transition plan and economic strategy for Afghanistan. 

TITLE XVI—IMPROVED SEXUAL ASSAULT PREVENTION AND 

RESPONSE IN THE ARMED FORCES 

Sec. 1601. Definition of Department of Defense sexual assault prevention and 

response program and other definitions. 

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

Subtitle A—Organizational Structure and Application of Sexual Assault 

Prevention and Response Program Elements 

Sec. 1611. Sexual Assault Prevention and Response Office. 

Sec. 1612. Oversight and evaluation standards. 

Sec. 1613. Report and plan for completion of acquisition of centralized Department of Defense sexual assault database. 

Sec. 1614. Restricted reporting of sexual assaults. 

Subtitle B—Improved and Expanded Availability of Services 


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

assault. 

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

Subtitle C—Reporting Requirements 

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

Armed Forces and improvement to sexual assault prevention 

and response program. 

Sec. 1632. Additional reports. 

TITLE XVII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT 

Sec. 1701. Short title. 

Sec. 1702. Recognition of the suffering and loyalty of the residents of Guam. 

Sec. 1703. Payments for Guam World War II claims. 

Sec. 1704. Adjudication. 

Sec. 1705. Grants program to memorialize the occupation of Guam during 

World War II. 

Sec. 1706. Authorization of appropriations. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

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

by law. 

Sec. 2003. Funding tables. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

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

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

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

with funds provided by the Commonwealth of Virginia to carry 

out certain fiscal year 2002 project. 

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

project. 

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

project. 

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

TITLE XXII—NAVY MILITARY CONSTRUCTION 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

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

project. 

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

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 


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Sec. 2304. Authorization of appropriations, Air Force. 

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

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

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

projects. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. 

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

project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

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

projects. 

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

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

and land acquisition projects. 

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

projects. 

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

projects. 

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

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

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account 1990. 

Sec. 2702. Authorized base realignment and closure activities funded through 

Department of Defense Base Closure Account 2005. 

Sec. 2703. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account 2005. 

Sec. 2704. Transportation plan for BRAC 133 project under Fort Belvoir, Virginia, BRAC initiative. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 


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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. 


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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. 


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

and development activities. 

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

in countries outside of the former Soviet Union. 

Sec. 3124. Department of Energy energy parks program. 

Subtitle C—Reports 

Sec. 3131. Report on graded security protection policy. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for national security aspects of the 

merchant marine for fiscal year 2011. 

Sec. 3502. Extension of Maritime Security Fleet program. 

Sec. 3503. United States Merchant Marine Academy nominations of residents 

of the Northern Mariana Islands. 

Sec. 3504. Research authority. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 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. 


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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. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2011 for procurement for the Army as follows: 

6 (1) For aircraft, $5,908,384,000. 

7 (2) For missiles, $1,670,463,000. 

8 (3) For weapons and tracked combat vehicles, 

9 $1,656,263,000. 

10 (4) For ammunition, $1,953,194,000. 

11 (5) For other procurement, $9,758,965,000. 

12 SEC. 102. NAVY AND MARINE CORPS. 

13 (a) NAVY.—Funds are hereby authorized to be appro14 priated for fiscal year 2011 for procurement for the Navy 

15 as follows: 

16 (1) For aircraft, $18,877,139,000. 

17 (2) For weapons, including missiles and tor18 pedoes, $3,358,264,000. 


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1 (3) For shipbuilding and conversion, 

2 $15,724,520,000. 

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

4 (b) MARINE CORPS.—Funds are hereby authorized to 

5 be appropriated for fiscal year 2011 for procurement for 

6 the Marine Corps in the amount of $1,296,838,000. 

7 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

8 are hereby authorized to be appropriated for fiscal year 

9 2011 for procurement of ammunition for the Navy and 

10 the Marine Corps in the amount of $817,991,000. 

11 SEC. 103. AIR FORCE. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2011 for procurement for the Air Force as fol14 lows: 

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

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

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

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

19 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2011 for Defense-wide procurement in the 

22 amount of $4,398,168,000. 


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1 Subtitle B—Navy Programs 

2 SEC. 111. MULTIYEAR FUNDING FOR DETAIL DESIGN AND 

3 CONSTRUCTION OF LHA REPLACEMENT SHIP 

4 DESIGNATED LHA–7. 

5 (a) AUTHORITY TO USE MULTIPLE YEARS OF FUND6 ING.—The Secretary of the Navy may enter into a con7 tract for detail design and construction of the LHA Re8 placement ship designated LHA–7 that provides that, sub9 ject to subsection (b), funds for payments under the con10 tract may be provided from amounts authorized to be ap11 propriated for the Department of Defense for Shipbuilding 

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

13 (b) CONDITION FOR OUT-YEAR CONTRACT PAY14 MENTS.—A contract entered into under subsection (a) 

15 shall provide that any obligation of the United States to 

16 make a payment under the contract for a fiscal year after 

17 fiscal year 2011 is subject to the availability of appropria18 tions for that purpose for such later fiscal year. 

19 SEC. 112. REQUIREMENT TO MAINTAIN NAVY AIRBORNE 

20 SIGNALS INTELLIGENCE, SURVEILLANCE, 

21 AND RECONNAISSANCE CAPABILITIES. 

22 (a) FINDINGS.—Congress finds the following: 

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

24 acquire a new land-based airborne signals intel25 ligence capability because of escalating costs and 


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1 funds budgeted for the program were re-allocated to 

2 other priorities. 

3 (2) The Navy took this action without planning 

4 and budgeting for alternative means to meet oper5 ational requirements for tactical-level and theater6 level signals intelligence capabilities to support the 

7 combatant commands and national intelligence con8 sumers. 

9 (3) The principal Navy airborne signals intel10 ligence capability today is the EP–3E Airborne Re11 connaissance Integrated Electronic System II 

12 (ARIES II)—the aircraft and associated electronic 

13 equipment of this system are aging and will require 

14 replacement or substantial ongoing upgrades to con15 tinue to meet requirements. 

16 (4) The Special Projects Aircraft (SPA) plat17 form of the Navy is the second critical element in 

18 the airborne signals intelligence capability of the 

19 Navy and provides the Navy its most advanced, com20 prehensive multi-intelligence and quick-reaction ca21 pability available. 

22 (b) REQUIREMENT TO MAINTAIN CAPABILITIES.— 

23 (1) PROHIBITION ON RETIREMENT OF PLAT24 FORMS.—The Secretary of the Navy may not retire 

25 (or to prepare to retire) the EP–3E Airborne ReconVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 naissance Integrated Electronic System II or Special 

2 Projects Aircraft platform. 

3 (2) MAINTENANCE OF PLATFORMS.—The Sec4 retary of the Navy shall continue to maintain, sus5 tain, and upgrade the EP–3E Airborne Reconnais6 sance Integrated Electronic System II and Special 

7 Projects Aircraft platforms in order to provide capa8 bilities necessary to operate effectively against rap9 idly evolving threats and to meet combatant com10 mander operational intelligence, surveillance, and re11 connaissance requirements. 

12 (3) CERTIFICATION.—Not later than February 

13 1, 2011, and annually thereafter, the Under Sec14 retary of Defense for Intelligence and the Vice 

15 Chairman of the Joint Chiefs of Staff shall jointly 

16 certify to Congress the following: 

17 (A) The Secretary of the Navy is maintain18 ing and sustaining the EP–3E Airborne Recon19 naissance Integrated Electronic System II and 

20 Special Projects Aircraft platform in a manner 

21 that meets the intelligence, surveillance, and re22 connaissance requirements of the commanders 

23 of the combatant commands. 

24 (B) Any plan for the retirement or replace25 ment of the EP–3E Airborne Reconnaissance 


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1 Integrated Electronic System II or Special 

2 Projects Aircraft platform will provide, in the 

3 aggregate, an equivalent or superior capability 

4 and capacity to the platform concerned. 

5 (4) TERMINATION.—The requirements of this 

6 subsection with respect to the EP–3E Airborne Re7 connaissance Integrated Electronic System II or the 

8 Special Projects Aircraft platform shall expire on the 

9 commencement of the fielding by the Navy of a plat10 form or mix of platforms and sensors that are, in 

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

12 Airborne Reconnaissance Integrated Electronic Sys13 tem II (spiral 3) or the Special Projects Aircraft 

14 (P909) platform. 

15 (c) RESTRICTION ON TRANSFER OF SABER FOCUS

16 PROGRAM ISR CAPABILITIES.— 

17 (1) RESTRICTION.—The Secretary of the Navy 

18 may not transfer the Saber Focus unmanned aerial 

19 system, associated equipment, or processing, exploi20 tation, and dissemination capabilities of the Saber 

21 Focus program to the Secretary of the Air Force 

22 until 30 days after the Secretary of the Air Force 

23 certifies to the congressional defense committees 

24 that after such a transfer, the Secretary of the Air 

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1 connaissance (hereinafter in this section referred to 

2 as ‘‘ISR’’) capabilities at the same or greater capa3 bility and capacity level as the capability or capacity 

4 level at which the Saber Focus program provides 

5 such capabilities to the area of operations concerned 

6 as of the date of the enactment of this Act. 

7 (2) CONTINUED NAVY PROVISION OF CAPABILI8 TIES.—The Secretary of the Navy shall continue to 

9 provide Saber Focus ISR program capabilities at the 

10 same or greater capability and capacity level as the 

11 capability or capacity level at which the Saber Focus 

12 program provides such capabilities as of the date of 

13 the enactment of this Act to the area of operations 

14 concerned until— 

15 (A) the certification referred to in para16 graph (1) is provided to the congressional de17 fense committees; or 

18 (B) 30 days after the Secretary of Defense 

19 certifies to the congressional defense commit20 tees that the ISR capabilities of the Saber 

21 Focus program are no longer required to miti22 gate the ISR requirements of the combatant 

23 commander in the area of operations concerned. 


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1 SEC. 113. REPORT ON NAVAL FORCE STRUCTURE AND MIS2 SILE DEFENSE. 

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

4 Secretary of Defense, in coordination with the Secretary 

5 of the Navy and the Chief of Naval Operations, shall sub6 mit to the congressional defense committees a report on 

7 the force structure requirements of the major combatant 

8 surface vessels with respect to ballistic missile defense. 

9 (b) MATTERS INCLUDED.—The report shall include 

10 the following: 

11 (1) An analysis of whether the requirement for 

12 sea-based missile defense can be accommodated by 

13 upgrading Aegis ships that exist as of the date of 

14 the report or by procuring additional combatant sur15 face vessels. 

16 (2) A discussion of whether such sea-based mis17 sile defense will require increasing the overall num18 ber of combatant surface vessels beyond the require19 ment of 88 cruisers and destroyers in the 313-ship 

20 fleet plan of the Navy. 

21 (3) A discussion of the process for determining 

22 the number of Aegis ships needed by each com23 mander of the combatant commands to fulfill bal24 listic missile defense requirements, including (in con25 sultation with the Chairman of the Joints Chiefs of 

26 Staff) the number of such ships needed to support 


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1 the phased, adaptive approach to ballistic missile de2 fense in Europe. 

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

4 missile defense deployments, as well as deployment 

5 of other elements of the ballistic missile defense sys6 tem, on Aegis ballistic missile defense ship force 

7 structure requirements. 

8 (5) A discussion of the potential effect of bal9 listic missile defense operations on the ability of the 

10 Navy to meet surface fleet demands in each geo11 graphic area and for each mission set. 

12 (6) An evaluation of how the Aegis ballistic 

13 missile defense program can succeed as part of a 

14 balanced fleet of adequate size and strength to meet 

15 the security needs of the United States. 

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

17 benefits of expected technological advancements in 

18 the sea-based missile defense program. 

19 (8) A description of the anticipated plan for de20 ployment of Aegis ballistic missile defense ships 

21 within the context of the fleet response plan. 


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

2 AIRCRAFT BY THE DEPARTMENT OF THE 

3 NAVY. 

4 (a) COST-BENEFIT ANALYSIS OF SERVICE LIFE EX5 TENSION OF F/A–18 AIRCRAFT.—Before the Secretary of 

6 the Navy may enter into a program to extend the service 

7 life of F/A–18 aircraft beyond 8,600 hours, the Secretary 

8 shall— 

9 (1) conduct a cost-benefit analysis, in accord10 ance with Office of Management and Budget Cir11 cular A–94, comparing extending the service life of 

12 existing F/A–18 aircraft with procuring additional 

13 F/A–18E or F/A–18F aircraft as a means of man14 aging the shortfall of the Department of the Navy 

15 in strike fighter aircraft; and 

16 (2) submit to the congressional defense commit17 tees a report on such cost-benefit analysis. 

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

19 cost-benefit analysis required by subsection (a)(1) shall in20 clude the following: 

21 (1) An estimate of the full costs, over the pe22 riod covered by the future-years defense program 

23 submitted to Congress under section 221 of title 10, 

24 United States Code, with the budget of the Presi25 dent, of extending legacy F/A–18 aircraft beyond 

26 8,600 hours, including— 


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1 (A) any increases in operation and mainte2 nance costs associated with operating such air3 craft beyond a service life of 8,600 hours; and 

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

5 avionics, software, and aircraft subsystems and 

6 components required to remain relevant in 

7 countering future threats and meeting the 

8 warfighting requirements of the commanders of 

9 the combatant commands. 

10 (2) An estimate of the full costs, over the pe11 riod covered by such future-years defense program, 

12 of procuring such additional F/A–18E or F/A–18F 

13 aircraft as would be required to meet the strike 

14 fighter requirements of the Department of the Navy 

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

16 is not extended beyond 8,600 hours. 

17 (3) An assessment of risks associated with ex18 tending the service life of legacy F/A–18 aircraft be19 yond 8,600 hours, including the level of certainty 

20 that the Secretary will be able to achieve such an ex21 tension. 

22 (4) An estimate of the cost-per-flight hour in23 curred in operating legacy F/A–18 aircraft with a 

24 service life extended beyond 8,600 hours. 


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1 (5) An estimate of the cost-per-flight hour in2 curred for operating new F/A–18E or FA–18F air3 craft. 

4 (6) An assessment of any alternatives to ex5 tending the service life of legacy F/A–18 aircraft be6 yond 8,600 hours or buying additional F/A–18E or 

7 F/A–18F aircraft that may be available to the Sec8 retary to manage the shortfall of the Department of 

9 the Navy in strike fighter aircraft. 

10 (c) ADDITIONAL ELEMENTS OF REPORT.—In addi11 tion to the information required in the cost-benefit anal12 ysis under subsection (b), the report under subsection 

13 (a)(2) shall include an assessment of the following: 

14 (1) Differences in capabilities of— 

15 (A) legacy F/A–18 aircraft that have un16 dergone service-life extension; 

17 (B) F/A–18E or F/A–18F aircraft; and 

18 (C) F–35C aircraft. 

19 (2) Differences in capabilities that would result 

20 under the legacy F/A–18 aircraft service-life exten21 sion program if such program would— 

22 (A) provide only airframe-life extensions to 

23 the legacy F/A–18 aircraft fleet; and 


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1 (B) provide for airframe-life extensions 

2 and capability upgrades to the legacy F/A–18 

3 aircraft fleet. 

4 (3) Any disruption that procuring additional F/ 

5 A–18E or F/A–18F aircraft, rather than extending 

6 the service life of legacy F/A–18 aircraft beyond 

7 8,600 hours, would have on the plan of the Navy to 

8 procure operational carrier-variant Joint Strike 

9 Fighter aircraft. 

10 (4) Any changes that procuring additional F/A– 

11 18E or FA–18F aircraft, rather than extending the 

12 service life of legacy F/A–18 aircraft beyond 8600 

13 hours, would have on the force structure or force 

14 mix intended by the Navy for its carrier air wings. 

15 (5) Any other operational implication of extend16 ing (or not extending) the service life of legacy F/ 

17 A–18 aircraft that the Secretary considers appro18 priate. 

19 (d) REPORT ON OPERATIONAL F/A–18 AIRCRAFT

20 SQUADRONS.—Before reducing the number of F/A–18 air21 craft in an operational squadron of the Navy or Marine 

22 Corps, the Secretary shall submit to the congressional de23 fense committees a report that discusses the operational 

24 risks and impacts of reducing the squadron size. The re25 port shall include an assessment of the following: 


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1 (1) The effect of the reduction on the oper2 ational capability and readiness of the Navy and the 

3 Marine Corps to conduct overseas contingency oper4 ations. 

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

6 of the Navy and the Marine Corps to meet ongoing 

7 operational demands. 

8 (3) Any mechanisms the Secretary intends to 

9 use to mitigate any risks associated with the squad10 ron size reduction. 

11 (4) The effect of the reduction on pilots and 

12 ground support crews of F/A–18 aircraft, in terms 

13 of training, readiness, and war fighting capabilities. 

14 (e) REPORT ON F/A–18 AIRCRAFT TRAINING

15 SQUADRONS.—Before reducing the size of an F/A–18 air16 craft training squadron, or transferring an F/A–18 train17 ing aircraft for operational needs, the Secretary shall sub18 mit to the congressional defense committees a report that 

19 describes— 

20 (1) any risks to sustaining required training of 

21 F/A–18 aircraft pilots with a reduced training air22 craft base; and 

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

24 the risks described under paragraph (1). 


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1 Subtitle C—Joint and Multiservice 

2 Matters 

3 SEC. 121. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS. 

4 Of the funds authorized to be appropriated by this 

5 Act or otherwise made available for fiscal year 2011 for 

6 biometrics programs and operations, not more than 85 

7 percent may be obligated or expended until— 

8 (1) the Secretary of Defense submits to the 

9 congressional defense committees a report on the ac10 tions taken and planned to be taken— 

11 (A) to implement subparagraphs (A) 

12 through (F) of paragraph (16) of the National 

13 Security Presidential Directive dated June 5, 

14 2008 (NSPD–59); 

15 (B) to implement the recommendations of 

16 the Comptroller General of the United States 

17 included in the report of the Comptroller Gen18 eral numbered GAO–08–1065 dated September 

19 2008; 

20 (C) to implement the recommendations of 

21 the Comptroller General included in the report 

22 of the Comptroller General numbered GAO–09– 

23 49 dated October 2008; 

24 (D) to fully and completely characterize 

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1 lish the objective architecture for the Depart2 ment of Defense; 

3 (E) to ensure that an official of the Office 

4 of the Secretary of Defense has the authority 

5 necessary to be responsible for ensuring that all 

6 funding for biometrics programs and operations 

7 is programmed, budgeted, and executed; and 

8 (F) to ensure that an officer within the Of9 fice of the Joint Chiefs of Staff has the author10 ity necessary to be responsible for ensuring the 

11 development and implementation of common 

12 and interoperable standards for the collection, 

13 storage, and use of biometrics data by all com14 manders of the combatant commands and their 

15 commands; and 

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

17 date on which the report is submitted under para18 graph (1). 

19 SEC. 122. SYSTEM MANAGEMENT PLAN AND MATRIX FOR 

20 THE F–35 JOINT STRIKE FIGHTER AIRCRAFT 

21 PROGRAM. 

22 (a) SYSTEM MANAGEMENT PLAN.— 

23 (1) PLAN REQUIRED.—The Secretary of De24 fense, acting through the Under Secretary of De25 fense for Acquisition, Technology, and Logistics, 


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1 shall establish a management plan for the F–35 

2 Joint Strike Fighter aircraft program under which 

3 decisions to commit to specified levels of production 

4 are linked to progress in meeting specified program 

5 milestones, including design, manufacturing, testing, 

6 and fielding milestones for critical system maturity 

7 elements. 

8 (2) NATURE OF PLAN.—The plan under para9 graph (1) shall align technical progress milestones 

10 with acquisition milestones in a system maturity ma11 trix. The matrix shall provide criteria and conditions 

12 for comparing expected levels of demonstrated sys13 tem maturity with annual production commitments, 

14 starting with the fiscal year 2012 production pro15 gram, and continuing over the remaining life of the 

16 system development and demonstration program. 

17 The matrix and criteria shall include elements such 

18 as the following: 

19 (A) Manufacturing maturity, including on20 time deliveries, manufacturing process control, 

21 quality rates, and labor efficiency rates. 

22 (B) Engineering maturity, including 

23 metrics for the number of new design actions 

24 and number of design changes in a given pe25 riod. 


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1 (C) Performance and testing progress, in2 cluding test points, hours and flights accom3 plished, capabilities demonstrated, key perform4 ance parameters, and attributes demonstrated. 

5 (D) Mission effectiveness and system reli6 ability, including operational effectiveness and 

7 reliability growth. 

8 (E) Training, fielding, and deployment sta9 tus. 

10 (b) REPORTS TO CONGRESS.— 

11 (1) INITIAL REPORT.—Not later than 90 days 

12 after the date of the enactment of this Act, the Sec13 retary shall submit to the congressional defense com14 mittees a report setting forth the plan required by 

15 subsection (a). The report shall include— 

16 (A) the proposed system maturity matrix 

17 described in subsection (a)(2), including a de18 scription, for each element specified in the ma19 trix under subsection (a)(2), of the criteria and 

20 milestones to be used in evaluating actual pro21 gram performance against planned performance 

22 for each annual production commitment; and 

23 (B) a description of the actions to be taken 

24 to implement the plan. 


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1 (2) UPDATES.—The Secretary shall submit to 

2 Congress, at or about the same time as the sub3 mittal to Congress of the budget of the President for 

4 any fiscal year after fiscal year 2012 (as submitted 

5 pursuant to section 1105(a) of title 31, United 

6 States Code), any modification to the plan required 

7 by subsection (a) that was made during the pre8 ceding calendar year, including a rationale for each 

9 such modification. 

10 (c) REPORT ON CAPABILITIES OF MARINE CORPS

11 VARIANT OF F–35 FIGHTER AIRCRAFT AT INITIAL OPER12 ATING CAPABILITY.— 

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

14 the date of the enactment of this Act, the Secretary 

15 shall submit to the congressional defense committees 

16 a report on the expected capabilities of the F–35B 

17 Joint Strike Fighter aircraft at the time when the 

18 Marine Corps plans to declare Initial Operating Ca19 pability for the F–35B Joint Strike Fighter aircraft. 

20 The report shall be prepared in consultation with the 

21 Under Secretary of Defense for Acquisition, Tech22 nology, and Logistics. 

23 (2) ELEMENTS.—The report under paragraph 

24 (1) shall including a description of the following with 

25 respect to the F–35B Joint Strike Fighter aircraft: 


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1 (A) Performance of the aircraft and its 

2 subsystems, compared to key performance pa3 rameters. 

4 (B) Expected capability to perform Marine 

5 Corps missions. 

6 (C) Required maintenance and logistics 

7 standards, including mission capability rates. 

8 (D) Expected levels of crew training and 

9 performance. 

10 (E) Product improvements that are 

11 planned before the Initial Operating Capability 

12 of the aircraft to be made after the Initial Op13 erating Capability of the aircraft, as planned in 

14 March 2010. 

15 SEC. 123. QUARTERLY REPORTS ON USE OF COMBAT MIS16 SION REQUIREMENTS FUNDS. 

17 (a) QUARTERLY REPORTS REQUIRED.— 

18 (1) IN GENERAL.—Not later than 30 days after 

19 the end of each fiscal quarter, the commander of the 

20 United States Special Operations Command shall 

21 submit to the congressional defense committees a re22 port on the use of Combat Mission Requirements 

23 funds during the preceding fiscal quarter. 

24 (2) COMBAT MISSION REQUIREMENTS FUNDS.— 

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1 quirements funds are amounts available to the De2 partment of Defense for Defense-wide procurement 

3 in the Combat Mission Requirements subaccount of 

4 the Defense-wide Procurement account. 

5 (b) ELEMENTS.—Each report under subsection (a) 

6 shall include, for the fiscal quarter covered by such report, 

7 the following: 

8 (1) The balance of the Combat Mission Re9 quirements subaccount at the beginning of such 

10 quarter. 

11 (2) The balance of the Combat Mission Re12 quirements subaccount at the end of such quarter. 

13 (3) Any transfer of funds into or out of the 

14 Combat Mission Requirements subaccount during 

15 such quarter, including the source of any funds 

16 transferred into the subaccount, and the objective of 

17 any transfer of funds out of the subaccount. 

18 (4) A description of any requirement— 

19 (A) approved for procurement using Com20 bat Mission Requirements funds during such 

21 quarter; or 

22 (B) procured using such funds during such 

23 quarter. 

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1 bat Mission Requirements funds committed to the 

2 procurement or approved procurement of such re3 quirement. 

4 (c) FORM.—Each report under subsection (a) shall 

5 be submitted in unclassified form, but may include a clas6 sified annex. 

7 SEC. 124. COUNTER-IMPROVISED EXPLOSIVE DEVICE INI8 TIATIVES DATABASE. 

9 (a) COMPREHENSIVE DATABASE.— 

10 (1) IN GENERAL.—The Secretary of Defense, 

11 acting through the Director of the Joint Improvised 

12 Explosive Device Defeat Organization, shall develop 

13 and maintain a comprehensive database containing 

14 appropriate information for coordinating, tracking, 

15 and archiving each counter-improvised explosive de16 vice initiative within the Department of Defense. 

17 The database shall, at a minimum, ensure the visi18 bility of each counter-improvised explosive device ini19 tiative. 

20 (2) USE OF INFORMATION.—Using information 

21 contained in the database developed under para22 graph (1), the Secretary, acting through the Direc23 tor of the Joint Improvised Explosive Device Defeat 

24 Organization, shall— 


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1 (A) identify and eliminate redundant 

2 counter-improvised explosive device initiatives; 

3 (B) facilitate the transition of counter-im4 provised explosive device initiatives from fund5 ing under the Joint Improvised Explosive De6 vice Defeat Fund to funding provided by the 

7 military departments; and 

8 (C) notify the appropriate personnel and 

9 organizations prior to a counter-improvised ex10 plosive device initiative being funded through 

11 the Joint Improvised Explosive Device Defeat 

12 Fund. 

13 (3) COORDINATION.—In carrying out para14 graph (1), the Secretary shall ensure that the Sec15 retary of each military department coordinates and 

16 collaborates on development of the database to en17 sure its interoperability, completeness, consistency, 

18 and effectiveness. 

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

20 through the Director of the Joint Improvised Explosive 

21 Device Defeat Organization, shall— 

22 (1) develop appropriate means to measure the 

23 effectiveness of counter-improvised explosive device 

24 initiatives; and 


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1 (2) prioritize the funding of such initiatives ac2 cording to such means. 

3 (c) COUNTER-IMPROVISED EXPLOSIVE DEVICE INI4 TIATIVE DEFINED.—In this section, the term ‘‘counter5 improvised explosive device initiative’’ means any project, 

6 program, or research activity funded by any component 

7 of the Department of Defense that is intended to assist 

8 or support efforts to counter, combat, or defeat the use 

9 of improvised explosive devices. 

10 SEC. 125. STUDY ON LIGHTWEIGHT BODY ARMOR SOLU11 TIONS. 

12 (a) STUDY REQUIRED.—The Secretary of Defense 

13 shall enter into a contract with a federally funded research 

14 and development center to conduct a study to— 

15 (1) assess the effectiveness of the processes 

16 used by the Secretary to identify and examine the 

17 requirements for lighter weight body armor systems; 

18 and 

19 (2) determine ways in which the Secretary may 

20 more effectively address the research, development, 

21 and procurement requirements regarding reducing 

22 the weight of body armor. 

23 (b) MATTERS COVERED.—The study conducted 

24 under subsection (a) shall include findings and rec25 ommendations regarding the following: 


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1 (1) The requirement for lighter weight body 

2 armor and personal protective equipment and the 

3 ability of the Secretary to meet such requirement. 

4 (2) Innovative design ideas for more modular 

5 body armor that allow for scalable protection levels 

6 for various missions and threats. 

7 (3) The need for research, development, and ac8 quisition funding dedicated specifically for reducing 

9 the weight of body armor. 

10 (4) The efficiency and effectiveness of current 

11 body armor funding procedures and processes. 

12 (5) Industry concerns, capabilities, and willing13 ness to invest in the development and production of 

14 lightweight body armor initiatives. 

15 (6) Barriers preventing the development of 

16 lighter weight body armor (including such barriers 

17 with respect to technical, institutional, or financial 

18 problems). 

19 (7) Changes to procedures or policy with re20 spect to lightweight body armor. 

21 (8) Other areas of concern not previously ad22 dressed by equipping boards, body armor producers, 

23 or program managers. 

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

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1 retary shall submit to the congressional defense commit2 tees a report on the study conducted under subsection (a). 

3 SEC. 126. INTEGRATION OF SOLID STATE LASER SYSTEMS 

4 INTO CERTAIN AIRCRAFT. 

5 (a) ANALYSIS OF FEASIBILITY REQUIRED.—The Sec6 retary of Defense shall conduct an analysis of the feasi7 bility of integrating solid state laser systems into the air8 craft platforms specified in subsection (b) for purposes of 

9 permitting such aircraft to accomplish their missions, in10 cluding to provide close air support. 

11 (b) AIRCRAFT.—The aircraft platforms specified in 

12 this subsection shall include, at a minimum, the following: 

13 (1) The C–130 aircraft. 

14 (2) The B–1 bomber aircraft. 

15 (3) The F–35 fighter aircraft. 

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

17 subsection (a) shall include a determination of the fol18 lowing: 

19 (1) The estimated cost per unit of each laser 

20 system analyzed. 

21 (2) The estimated cost of operation and mainte22 nance of each aircraft platform specified in sub23 section (b) in connection with each laser system ana24 lyzed, noting that the fidelity of such analysis may 

25 not be uniform for all aircraft platforms. 


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1 SEC. 127. CONTRACTS FOR COMMERCIAL IMAGING SAT2 ELLITE CAPACITIES. 

3 (a) TELESCOPE REQUIREMENTS UNDER CONTRACTS

4 AFTER 2010.—Except as provided in subsection (b), any 

5 contract for additional commercial imaging satellite capa6 bility or capacity entered into by the Department of De7 fense after December 31, 2010, shall require that the im8 aging telescope providing such capability or capacity under 

9 such contract has an aperture of not less than 1.5 meters. 

10 (b) WAIVER.—The Secretary of Defense may waive 

11 the limitation in subsection (a) if— 

12 (1) the Secretary submits to the congressional 

13 defense committees written certification that the 

14 waiver is in the national security interests of the 

15 United States; and 

16 (2) a period of 30 days has elapsed following 

17 the date on which the certification under paragraph 

18 (1) is submitted. 

19 (c) CONTINUATION OF CURRENT CONTRACTS.—The 

20 limitation in subsection (a) may not be construed to pro21 hibit or prevent the Secretary of Defense from continuing 

22 or maintaining current commercial imaging satellite capa23 bility or capacity in orbit or under contract by December 

24 31, 2010. 


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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION 

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. 


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1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2011 for the use of the Department of Defense 

6 for research, development, test, and evaluation as follows: 

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

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

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

10 (4) For Defense-wide activities, 

11 $21,292,576,000, of which $194,910,000 is author12 ized for the Director of Operational Test and Eval13 uation. 

14 Subtitle B—Program Require15 ments, Restrictions, and Limita16 tions 

17 SEC. 211. ENHANCEMENT OF DEPARTMENT OF DEFENSE 

18 SUPPORT OF SCIENCE, MATHEMATICS, AND 

19 ENGINEERING EDUCATION. 

20 (a) DISCHARGE OF SUPPORT THROUGH MILITARY

21 DEPARTMENTS.—Section 2192(b) of title 10, United 

22 States Code, is amended— 

23 (1) by redesignating paragraph (2) as para24 graph (3); and 


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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph (2): 

3 ‘‘(2) The Secretary of Defense may carry out the au4 thority in paragraph (1) through the Secretaries of the 

5 military departments.’’. 

6 (b) PARTNERSHIP INTERMEDIARIES FOR PURPOSES

7 OF EDUCATION PARTNERSHIPS.—Section 2194 of such 

8 title is amended— 

9 (1) by redesignating subsection (e) as sub10 section (f); and 

11 (2) by inserting after subsection (d) the fol12 lowing new subsection (e): 

13 ‘‘(e) The Secretary of Defense may permit the direc14 tor of a defense laboratory to enter into a cooperative 

15 agreement with an appropriate entity to act as an inter16 mediary and assist the director in carrying out activities 

17 under this section.’’. 

18 SEC. 212. LIMITATION ON USE OF FUNDS BY DEFENSE AD19 VANCED RESEARCH PROJECTS AGENCY FOR 

20 OPERATION OF NATIONAL CYBER RANGE. 

21 (a) PROHIBITION ON USE OF FUNDS PENDING RE22 PORT.—Amounts authorized to be appropriated by this 

23 Act and available to the Defense Advanced Research 

24 Projects Agency may not be obligated or expended for the 

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1 prehensive National Cybersecurity Initiative until the date 

2 that is 90 days after the date on which the Under Sec3 retary of Defense for Acquisition, Technology, and Logis4 tics submits to the Committees on Armed Services of the 

5 Senate and the House of Representatives a report de6 scribed in subsection (c). 

7 (b) LIMITATION ON USE OF FUNDS AFTER RE8 PORT.—Commencing on the date that is 90 days after the 

9 date on which the Under Secretary submits a report de10 scribed in subsection (c), amounts described in subsection 

11 (a) shall be available for obligation or expenditure only 

12 for the purposes of research and development activities 

13 that the Under Secretary considers appropriate for ensur14 ing and assessing the functionality of the National Cyber 

15 Range. 

16 (c) REPORT.— 

17 (1) IN GENERAL.—The report described in this 

18 subsection is a report setting forth a plan for the 

19 transition of the National Cyber Range to operation 

20 and sustainment. 

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

22 minimum, the following: 

23 (A) An analysis of various potential recipi24 ents under the transition of the National Cyber 

25 Range. 


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1 (B) For each recipient analyzed under sub2 paragraph (A), a description of the proposed 

3 transition of the National Cyber Range to such 

4 recipient, including the proposed schedule and 

5 funding for such transition. 

6 (3) POTENTIAL RECIPIENTS.—The recipients 

7 analyzed in the report under paragraph (2)(A) shall 

8 include, at a minimum, the following: 

9 (A) A consortium for the operation and 

10 sustainment of the National Cyber Range as a 

11 government-owned, government-operated facil12 ity. 

13 (B) A consortium for the operation and 

14 sustainment of the National Cyber Range as a 

15 government-owned, contractor-operated facility. 

16 SEC. 213. SEPARATE PROGRAM ELEMENTS REQUIRED FOR 

17 RESEARCH AND DEVELOPMENT OF JOINT 

18 LIGHT TACTICAL VEHICLE. 

19 In the budget materials submitted to the President 

20 by the Secretary of Defense in connection with the submis21 sion to Congress, pursuant to section 1105 of title 31, 

22 United States Code, of the budget for fiscal year 2012, 

23 and each subsequent fiscal year, the Secretary shall ensure 

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1 cated program element is assigned to the Joint Light Tac2 tical Vehicle. 

3 SEC. 214. PROGRAM FOR RESEARCH, DEVELOPMENT, AND 

4 DEPLOYMENT OF ADVANCED GROUND VEHI5 CLES, GROUND VEHICLE SYSTEMS, AND COM6 PONENTS. 

7 (a) PROGRAM AUTHORIZED.—The Secretary of De8 fense may carry out a program for research and develop9 ment on, and deployment of, advanced technology ground 

10 vehicles, ground vehicle systems, and components within 

11 the Department of Defense. 

12 (b) GOALS AND OBJECTIVES.—The goals and objec13 tives of the program authorized by subsection (a) are as 

14 follows: 

15 (1) To identify and support technological ad16 vances that are necessary for the development of ad17 vanced technologies for use in ground vehicles of 

18 types to be used by the Department of Defense. 

19 (2) To procure and deploy significant quantities 

20 of advanced technology ground vehicles for use by 

21 the Department. 

22 (3) To maximize the leverage of Federal and 

23 nongovernment funds used for the development and 

24 deployment of advanced technology ground vehicles, 

25 ground vehicle systems, and components. 


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1 (c) ELEMENTS OF PROGRAM.—The program author2 ized by subsection (a) may include— 

3 (1) enhanced research and development activi4 ties for advanced technology ground vehicles, ground 

5 vehicle systems, and components, including— 

6 (A) increased investments in research and 

7 development of batteries, advanced materials, 

8 power electronics, fuel cells and fuel cell sys9 tems, hybrid systems, and advanced engines; 

10 (B) pilot projects for the demonstration of 

11 advanced technologies in ground vehicles for use 

12 by the Department of Defense; and 

13 (C) the establishment of public-private 

14 partnerships, including research centers, manu15 facturing and prototyping facilities, and test 

16 beds, to speed the development, deployment, 

17 and transition to use of advanced technology 

18 ground vehicles, ground vehicle systems, and 

19 components; and 

20 (2) enhanced activities to procure and deploy 

21 advanced technology ground vehicles in the Depart22 ment, including— 

23 (A) preferences for the purchase of ad24 vanced technology ground vehicles; 


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1 (B) the use of authorities available to the 

2 Secretary of Defense to stimulate the develop3 ment and production of advanced technology 

4 systems and ground vehicles through purchases, 

5 loan guarantees, and other mechanisms; 

6 (C) pilot programs to demonstrate ad7 vanced technology ground vehicles and associ8 ated infrastructure at select defense installa9 tions; 

10 (D) metrics to evaluate environmental and 

11 other benefits, life cycle costs, and greenhouse 

12 gas emissions associated with the deployment of 

13 advanced technology ground vehicles; and 

14 (E) schedules and objectives for the con15 version of the ground vehicle fleet of the De16 partment to advanced technology ground vehi17 cles. 

18 (d) COOPERATION WITH INDUSTRY AND ACA19 DEMIA.— 

20 (1) IN GENERAL.—The Secretary may carry out 

21 the program authorized by subsection (a) through 

22 partnerships and other cooperative agreements with 

23 private sector entities, including— 

24 (A) universities and other academic insti25 tutions; 


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1 (B) companies in the automobile and truck 

2 manufacturing industry; 

3 (C) companies that supply systems and 

4 components to the automobile and truck manu5 facturing industry; and 

6 (D) any other companies or private sector 

7 entities that the Secretary considers appro8 priate. 

9 (2) NATURE OF COOPERATION.—The Secretary 

10 shall ensure that any partnership or cooperative 

11 agreement under paragraph (1) provides for private 

12 sector participants to collectively contribute, in cash 

13 or in kind, not less than one-half of the total cost 

14 of the activities carried out under such partnership 

15 or cooperative agreement. 

16 (e) COORDINATION WITH OTHER FEDERAL AGEN17 CIES.—The program authorized by subsection (a) shall be 

18 carried out, to the maximum extent practicable, in coordi19 nation with the Department of Energy and other appro20 priate departments and agencies of the Federal Govern21 ment. 


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1 SEC. 215. DEMONSTRATION AND PILOT PROJECTS ON CY2 BERSECURITY. 

3 (a) DEMONSTRATION PROJECTS ON PROCESSES FOR

4 APPLICATION OF COMMERCIAL TECHNOLOGIES TO CY5 BERSECURITY REQUIREMENTS.— 

6 (1) PROJECTS REQUIRED.—The Secretary of 

7 Defense and the Secretaries of the military depart8 ments shall jointly carry out demonstration projects 

9 to assess the feasibility and advisability of using var10 ious business models and processes to rapidly and 

11 effectively identify innovative commercial tech12 nologies and apply such technologies to Department 

13 of Defense and other cybersecurity requirements. 

14 (2) SCOPE OF PROJECTS.—Any demonstration 

15 project under paragraph (1) shall be carried out in 

16 such a manner as to contribute to the cyber policy 

17 review of the President and the Comprehensive Na18 tional Cybersecurity Initiative. 

19 (b) PILOT PROGRAMS ON CYBERSECURITY RE20 QUIRED.—The Secretary of Defense shall support or con21 duct pilot programs on cybersecurity with respect to the 

22 following areas: 

23 (1) Threat sensing and warning for information 

24 networks worldwide. 


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1 (2) Managed security services for cybersecurity 

2 within the defense industrial base, military depart3 ments, and combatant commands. 

4 (3) Use of private processes and infrastructure 

5 to address threats, problems, vulnerabilities, or op6 portunities in cybersecurity. 

7 (4) Processes for securing the global supply 

8 chain. 

9 (5) Processes for threat sensing and security of 

10 cloud computing infrastructure. 

11 (c) REPORTS.— 

12 (1) REPORTS REQUIRED.—Not later than 240 

13 days after the date of the enactment of this Act, and 

14 annually thereafter at or about the time of the sub15 mittal to Congress of the budget of the President for 

16 a fiscal year (as submitted pursuant to section 

17 1105(a) of title 31, United States Code), the Sec18 retary of Defense shall, in coordination with the Sec19 retary of Homeland Security, submit to Congress a 

20 report on any demonstration projects carried out 

21 under subsection (a), and on the pilot projects car22 ried out under subsection (b), during the preceding 

23 year. 

24 (2) ELEMENTS.—Each report under this sub25 section shall include the following: 


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1 (A) A description and assessment of any 

2 activities under the demonstration projects and 

3 pilot projects referred to in paragraph (1) dur4 ing the preceding year. 

5 (B) For the pilot projects supported or 

6 conducted under subsection (b)(2)— 

7 (i) a quantitative and qualitative as8 sessment of the extent to which managed 

9 security services covered by the pilot 

10 project could provide effective and afford11 able cybersecurity capabilities for compo12 nents of the Department of Defense and 

13 for entities in the defense industrial base, 

14 and an assessment whether such services 

15 could be expanded rapidly to a large scale 

16 without exceeding the ability of the Fed17 eral Government to manage such expan18 sion; and 

19 (ii) an assessment of whether man20 aged security services are compatible with 

21 the cybersecurity strategy of the Depart22 ment of Defense with respect to conducting 

23 an active, in-depth defense under the direc24 tion of United States Cyber Command. 


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1 (C) For the pilot projects supported or 

2 conducted under subsection (b)(3)— 

3 (i) a description of any performance 

4 metrics established for purposes of the 

5 pilot project, and a description of any proc6 esses developed for purposes of account7 ability and governance under any partner8 ship under the pilot project; and 

9 (ii) an assessment of the role a part10 nership such as a partnership under the 

11 pilot project would play in the acquisition 

12 of cyberspace capabilities by the Depart13 ment of Defense, including a role with re14 spect to the development and approval of 

15 requirements, approval and oversight of ac16 quiring capabilities, test and evaluation of 

17 new capabilities, and budgeting for new ca18 pabilities. 

19 (D) For the pilot projects supported or 

20 conducted under subsection (b)(4)— 

21 (i) a framework and taxonomy for 

22 evaluating practices that secure the global 

23 supply chain, as well as practices for se24 curely operating in an uncertain or com25 promised supply chain; 


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1 (ii) an assessment of the viability of 

2 applying commercial practices for securing 

3 the global supply chain; and 

4 (iii) an assessment of the viability of 

5 applying commercial practices for securely 

6 operating in an uncertain or compromised 

7 supply chain. 

8 (E) For the pilot projects supported or 

9 conducted under subsection (b)(5)— 

10 (i) an assessment of the capabilities of 

11 Federal Government providers to offer se12 cure cloud computing environments; and 

13 (ii) an assessment of the capabilities 

14 of commercial providers to offer secure 

15 cloud computing environments to the Fed16 eral Government. 

17 (3) FORM.—Each report under this subsection 

18 shall be submitted in unclassified form, but may in19 clude a classified annex. 

20 Subtitle C—Missile Defense 

21 Programs 

22 SEC. 221. SENSE OF CONGRESS ON BALLISTIC MISSILE DE23 FENSE. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress— 


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1 (1) that the phased, adaptive approach to mis2 sile defense in Europe is an appropriate response to 

3 the existing ballistic missile threat from Iran to the 

4 European territory of North Atlantic Treaty Organi5 zation countries, and to potential future ballistic 

6 missile capabilities of Iran; 

7 (2) that the phased, adaptive approach to mis8 sile defense in Europe is not intended to, and will 

9 not, provide a missile defense capability relative to 

10 the ballistic missile deterrent forces of the Russian 

11 Federation, or diminish strategic stability with the 

12 Russian Federation; 

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

14 Government and the North Atlantic Treaty Organi15 zation to pursue cooperation with the Russian Fed16 eration on ballistic missile defense relative to Iranian 

17 missile threats; 

18 (4) that the ground-based midcourse defense 

19 system deployed in Alaska and California currently 

20 provides adequate defensive capability for the United 

21 States against currently anticipated future long22 range ballistic missile threats from Iran, and this ca23 pability will be enhanced as the system is improved, 

24 including by the planned deployment of an AN/ 

25 TPY–2 radar in southern Europe in 2011; 


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1 (5) that the ground-based midcourse defense 

2 system should be maintained, enhanced, and ade3 quately tested to ensure its operational capability 

4 through its service life; 

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

6 its unilateral statement accompanying the New 

7 START Treaty, ‘‘continue improving and deploying 

8 its missile defense systems in order to defend itself 

9 against limited attack and as part of our collabo10 rative approach to strengthening stability in key re11 gions’’; 

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

13 of Defense should pursue the development, testing, 

14 and deployment of operationally effective versions of 

15 all variants of the standard missile–3 for all four 

16 phases of the phased, adaptive approach to missile 

17 defense in Europe; 

18 (8) that the standard missile–3 block IIB inter19 ceptor missile planned for deployment in phase 4 of 

20 the phased, adaptive approach should be capable of 

21 addressing the potential future threat of inter22 mediate-range and long-range ballistic missiles from 

23 Iran, including intercontinental ballistic missiles that 

24 could be capable of reaching the United States; 


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1 (9) that there are no constraints contained in 

2 the New START Treaty on the development or de3 ployment by the United States of effective missile 

4 defenses, including all phases of the phased, adapt5 ive approach to missile defense in Europe and fur6 ther enhancements to the ground-based midcourse 

7 defense system, as well as future missile defenses; 

8 and 

9 (10) that the Department of Defense should 

10 continue the development, testing, and assessment of 

11 the two-stage ground-based interceptor in such a 

12 manner as to provide a hedge against potential tech13 nical challenges with the development of the stand14 ard missile–3 block IIB interceptor missile as a 

15 means of augmenting the defense of Europe and of 

16 the homeland against a limited ballistic missile at17 tack from nations such as North Korea or Iran. 

18 (b) NEW START TREATY DEFINED.—In this sec19 tion, the term ‘‘New START Treaty’’ means the Treaty 

20 between the United States of America and the Russian 

21 Federation on Measures for the Further Reduction and 

22 Limitation of Strategic Offensive Arms, signed on April 

23 8, 2010. 


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1 SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CON2 TRACTS BY MISSILE DEFENSE AGENCY WITH 

3 FOREIGN ENTITIES. 

4 Section 222 of the National Defense Authorization 

5 Act for Fiscal Years 1988 and 1989 (Public Law 100– 

6 180; 101 Stat. 1055; 10 U.S.C. 2431 note) is repealed. 

7 SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR 

8 MISSILE DEFENSE INTERCEPTORS IN EU9 ROPE. 

10 (a) LIMITATION ON CONSTRUCTION AND DEPLOY11 MENT OF INTERCEPTORS.—No funds authorized to be ap12 propriated by this Act or otherwise made available for the 

13 Department of Defense for fiscal year 2011 or any fiscal 

14 year thereafter may be obligated or expended for site acti15 vation, construction, or deployment of missile defense 

16 interceptors on European land as part of the phased, 

17 adaptive approach to missile defense in Europe until— 

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

19 signed and ratified a missile defense basing agree20 ment and a status of forces agreement authorizing 

21 the deployment of such interceptors; and 

22 (2) a period of 45 days has elapsed following 

23 the date on which the Secretary of Defense submits 

24 to the congressional defense committees the report 

25 on the independent assessment of alternative missile 

26 defense systems in Europe required by section 


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1 235(c)(2) of the National Defense Authorization Act 

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

3 2235). 

4 (b) LIMITATION ON PROCUREMENT OR DEPLOYMENT

5 OF INTERCEPTORS.—No funds authorized to be appro6 priated by this Act or otherwise made available for the 

7 Department of Defense for fiscal year 2011 or any fiscal 

8 year thereafter may be obligated or expended for the pro9 curement (other than initial long-lead procurement) or de10 ployment of operational missiles on European land as part 

11 of the phased, adaptive approach to missile defense in Eu12 rope until the Secretary of Defense, after receiving the 

13 views of the Director of Operational Test and Evaluation, 

14 submits to the congressional defense committees a report 

15 certifying that the proposed interceptor to be deployed as 

16 part of such missile defense system has demonstrated, 

17 through successful, operationally realistic flight testing, a 

18 high probability of working in an operationally effective 

19 manner and that such missile defense system has the abil20 ity to accomplish the mission. 

21 (c) WAIVER.—The Secretary of Defense may waive 

22 the limitations in subsections (a) and (b) if— 

23 (1) the Secretary submits to the congressional 

24 defense committees written certification that the 


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1 waiver is in the urgent national security interests of 

2 the United States; and 

3 (2) a period of seven days has elapsed following 

4 the date on which the certification under paragraph 

5 (1) is submitted. 

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

7 construed so as to limit the obligation and expenditure of 

8 funds for any missile defense activities not otherwise lim9 ited by subsection (a) or (b), including, with respect to 

10 the planned deployments of missile defense interceptors on 

11 European land as part of the phased, adaptive approach 

12 to missile defense in Europe— 

13 (1) research, development, test and evaluation; 

14 (2) site surveys; 

15 (3) studies and analyses; and 

16 (4) site planning and design and construction 

17 design. 

18 (e) CONFORMING REPEAL.—Section 234 of the Na19 tional Defense Authorization Act for Fiscal Year 2010 

20 (Public Law 111–81; 123 Stat. 2234) is repealed. 

21 SEC. 224. MEDIUM EXTENDED AIR DEFENSE SYSTEM. 

22 (a) LIMITATION ON AVAILABILITY OF FUNDS.—Of 

23 the amounts authorized to be appropriated in this title for 

24 fiscal year 2011 for research, development, test, and eval25 uation, Army, of the amount that corresponds with budget 


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1 activity five, line 117, in the budget transmitted to Con2 gress by the President for fiscal year 2011, not more than 

3 25 percent may be obligated or expended until the date 

4 on which— 

5 (1) the Secretary of Defense completes the crit6 ical design review and the system program review 

7 for the medium extended air defense system pro8 gram and decides to proceed with the program; and 

9 (2) the Secretary submits in writing to the con10 gressional defense committees a report containing 

11 the decision referred to in paragraph (1) to proceed 

12 with the medium extended air defense system. 

13 (b) FURTHER LIMITATIONS.— 

14 (1) IN GENERAL.—Of the amounts authorized 

15 to be appropriated in this title for fiscal year 2011 

16 for research, development, test, and evaluation, 

17 Army, of the amount that corresponds with budget 

18 activity five, line 117, in the budget transmitted to 

19 Congress by the President for fiscal year 2011, not 

20 more than 50 percent may be obligated or expended 

21 until a period of 30 days have elapsed following the 

22 date on which the Secretary submits to the congres23 sional defense committees a report containing the 

24 elements specified in paragraph (2). 


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1 (2) ELEMENTS OF REPORT.—The elements 

2 specified in this paragraph for the report described 

3 in paragraph (1) are the following: 

4 (A) A detailed description of the decision 

5 described in subsection (a)(1) and the expla6 nation for that decision. 

7 (B) A cost estimate performed by the Di8 rector of Cost Assessment and Program Eval9 uation of the medium extended air defense sys10 tem program, including an analysis of the cost 

11 growth in the program and an explanation of 

12 what effect such cost growth would have if the 

13 program were subject to the provisions of sec14 tion 2433 of title 10, United States Code (com15 monly referred to as the ‘‘Nunn-McCurdy 

16 Act’’). 

17 (C) An analysis of alternatives to the me18 dium extended air defense system program and 

19 its component elements. 

20 (D) A description of the planned schedule 

21 and cost for the development, production, and 

22 deployment of the medium extended air defense 

23 system, including the cost and schedule for any 

24 variations to the baseline program to be fielded 

25 by the Armed Forces. 


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1 (E) A description of the role of Germany 

2 and Italy in the medium extended air defense 

3 system program, including the role of such 

4 countries in procurement or production of ele5 ments of such program. 

6 (F) Any other matters that the Secretary 

7 of Defense considers appropriate. 

8 (c) FORM OF REPORTS.—The reports submitted 

9 under this section shall be submitted in unclassified form, 

10 but may include a classified annex. 

11 SEC. 225. ACQUISITION ACCOUNTABILITY REPORTS ON THE 

12 BALLISTIC MISSILE DEFENSE SYSTEM. 

13 (a) BASELINES REQUIRED.—The Secretary of De14 fense shall ensure that the Missile Defense Agency estab15 lishes and maintains an acquisition baseline for each pro16 gram element of the ballistic missile defense system, as 

17 specified in section 223 of title 10, United States Code. 

18 (b) ELEMENTS OF BASELINES.—Each acquisition 

19 baseline required by subsection (a) for a program element 

20 shall include the following: 

21 (1) A comprehensive schedule for the program 

22 element, including— 

23 (A) research and development milestones; 

24 (B) acquisition milestones, including de25 sign reviews and key decision points; 


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1 (C) key test events, including ground and 

2 flight tests and ballistic missile defense system 

3 tests; and 

4 (D) delivery and fielding schedules. 

5 (2) A detailed technical description of— 

6 (A) the capability to be developed, includ7 ing hardware and software; 

8 (B) system requirements; 

9 (C) how the proposed capability satisfies a 

10 capability identified by the commanders of the 

11 combatant commands on a prioritized capabili12 ties list; 

13 (D) key knowledge points that must be 

14 achieved to permit continuation of the program 

15 and to inform production and deployment deci16 sions; and 

17 (E) how the Missile Defense Agency plans 

18 to improve the capability over time. 

19 (3) A cost estimate for the program element, 

20 including— 

21 (A) a life cycle cost estimate; 

22 (B) program acquisition unit costs for the 

23 program element; 


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1 (C) average procurement unit costs and 

2 program acquisition costs for the program ele3 ment; and 

4 (D) an identification when the program 

5 joint cost analysis requirements description doc6 ument is scheduled to be approved. 

7 (4) A test baseline summarizing the comprehen8 sive test program for the program element outlined 

9 in the integrated master test plan. 

10 (c) ANNUAL REPORTS ON ACQUISITION BASE11 LINES.— 

12 (1) ANNUAL REPORTS REQUIRED.—Not later 

13 than February 15, 2011, and annually thereafter, 

14 the Director of the Missile Defense Agency shall 

15 submit to the congressional defense committees a re16 port on the acquisition baselines required by sub17 section (a). The first such report shall set forth the 

18 acquisition baselines, and each later report shall 

19 identify the significant changes or variances, if any, 

20 in any such baseline from any earlier report under 

21 this subsection. 

22 (2) FORM.—Each report under this subsection 

23 shall be submitted in unclassified form, but may in24 clude a classified annex. 


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1 (d) ANNUAL REPORTS ON MISSILE DEFENSE EXEC2 UTIVE BOARD ACTIVITIES.—The Director shall include in 

3 each report under subsection (c) a description of the ac4 tivities of the Missile Defense Executive Board during the 

5 preceding fiscal year, including the following: 

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

7 the preceding fiscal year. 

8 (2) The agenda and issues considered at each 

9 such meeting. 

10 (3) A description of any decisions or rec11 ommendations made by the Board at each such 

12 meeting. 

13 SEC. 226. AUTHORITY TO SUPPORT BALLISTIC MISSILE 

14 SHARED EARLY WARNING WITH THE CZECH 

15 REPUBLIC. 

16 (a) AUTHORITY TO SUPPORT SHARED EARLY WARN17 ING.—During fiscal years 2011 and 2012, the Secretary 

18 of Defense may carry out a program to provide a ballistic 

19 missile shared early warning capability for the United 

20 States and the Czech Republic. 

21 (b) FISCAL YEAR 2011 FUNDING AUTHORIZATION.— 

22 (1) Of the funds authorized to be appropriated 

23 by this Act or any other Act for fiscal year 2011 for 

24 Operation and Maintenance, Air Force, $1,700,000 


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1 may be available for the purposes described in sub2 section (a). 

3 (2) Of the funds authorized to be appropriated 

4 by this Act or any other Act for fiscal year 2011 for 

5 Other Procurement, Air Force, $500,000 may be 

6 available for the purposes described in subsection 

7 (a). 

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

9 MISSILE DEFENSE IN EUROPE. 

10 (a) REPORT REQUIRED.—Not later than 180 days 

11 after the date of the enactment of this Act, the Secretary 

12 of Defense shall submit to the congressional defense com13 mittees a report on the phased, adaptive approach to mis14 sile defense in Europe. 

15 (b) MATTERS INCLUDED.—The report under sub16 section (a) shall include the following: 

17 (1) A detailed explanation of— 

18 (A) the analytic basis (including the ana19 lytic process and methodology) that led to the 

20 recommendation of the Secretary of Defense 

21 and the Joint Chiefs of Staff to pursue the 

22 phased, adaptive approach to missile defense in 

23 Europe, including the ability to defend deployed 

24 forces of the United States, allies, and partners 

25 in Europe, and the United States homeland, 


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1 against the existing, emerging, and future 

2 threat from Iranian ballistic missiles in a timely 

3 and flexible manner; and 

4 (B) the planned defensive coverage of Eu5 rope provided by such missile defense. 

6 (2) A detailed explanation of the specific ele7 ments planned for each of the four phases of the 

8 phased, adaptive approach to missile defense in Eu9 rope, including schedules and parameters of planned 

10 deployments of missile defense systems at sea and 

11 on land, and the knowledge points or milestones that 

12 will be required prior to operational deployment of 

13 those elements. 

14 (3) A description of the factors and processes 

15 that will be used to determine the eventual numbers 

16 and locations of interceptors that will be deployed at 

17 sea and on land, and the concept of operations that 

18 will enable the phased, adaptive approach to missile 

19 defense in Europe to be operated in a flexible, 

20 adaptable, and survivable manner. 

21 (4) A description of the status of the develop22 ment or production of the various elements of the 

23 phased, adaptive approach to missile defense in Eu24 rope, particularly the development of the standard 

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1 cluding the technical readiness levels of those sys2 tems under development and the plans for retiring 

3 the technical risks of such systems. 

4 (5) A description of the advances in technology 

5 that are expected to permit enhanced defensive capa6 bility of the phased, adaptive approach to missile de7 fense in Europe, including airborne infrared sensor 

8 technology, space sensor technology, and enhanced 

9 battle management, command, control, and commu10 nications. 

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

12 approach to missile defense in Europe will meet the 

13 operational needs of the commander of the United 

14 States European Command, and how it relates to 

15 plans to use a phased, adaptive approach to missile 

16 defense in other geographic regions. 

17 (7) An explanation of— 

18 (A) the views of the North Atlantic Treaty 

19 Organization on the phased, adaptive approach 

20 to missile defense in Europe; and 

21 (B) how such missile defense fits into the 

22 current missile defense strategy of NATO. 

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

24 but may include a classified annex. 


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1 SEC. 228. INDEPENDENT REVIEW AND ASSESSMENT OF THE 

2 GROUND-BASED MIDCOURSE DEFENSE SYS3 TEM. 

4 (a) INDEPENDENT REVIEW AND ASSESSMENT RE5 QUIRED.—The Secretary of Defense shall select an appro6 priate entity outside the Department of Defense to con7 duct an independent review and assessment of the ground8 based midcourse defense system. 

9 (b) ELEMENTS.—The review and assessment re10 quired by this section shall address the current plans of 

11 the Department of Defense with respect to the following: 

12 (1) The force structure and inventory levels 

13 necessary for the ground-based midcourse defense 

14 system to achieve the planned capabilities of that 

15 system, including an analysis of costs and potential 

16 advantages of deploying additional operational 

17 ground-based interceptor missiles. 

18 (2) The number of ground-based interceptor 

19 missiles necessary for operational assets, test assets 

20 (including developmental and operational test assets 

21 and aging and surveillance test assets), and spare 

22 missiles for the ground-based midcourse defense sys23 tem. 

24 (3) The plan to maintain the operational effec25 tiveness of the ground-based midcourse defense sys26 tem over the course of its service life, including any 


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1 modernization or capability enhancement efforts, 

2 and any sustainment efforts. 

3 (4) The plan for funding the development, pro4 duction, deployment, testing, improvement, and 

5 sustainment of the ground-based midcourse defense 

6 system. 

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

8 midcourse defense system, including aging and sur9 veillance tests to demonstrate the continuing effec10 tiveness of the system over the course of its service 

11 life. 

12 (6) The plan for production of ground-based in13 terceptor missiles necessary for operational test as14 sets, aging and surveillance test assets, and spare 

15 missiles for the ground-based midcourse defense sys16 tem. 

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

18 of the enactment of this Act, the entity conducting the 

19 review and assessment under this section shall submit to 

20 the Secretary and the congressional defense committees 

21 a report containing— 

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

23 and 

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1 sure the availability, reliability, maintainability, 

2 supportability, and improvement of the ground-based 

3 midcourse defense system. 

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

5 PROGRAM. 

6 Of the funds authorized to be appropriated by section 

7 201(4) for research, development, test, and evaluation, 

8 Defense-wide, the Secretary of Defense may provide up 

9 to $205,000,000 to the government of Israel for the Iron 

10 Dome short-range rocket defense system. 

11 Subtitle D—Reports 

12 SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND 

13 PROGRAM REQUIREMENTS FOR THE 

14 GROUND COMBAT VEHICLE PROGRAM. 

15 (a) REPORT REQUIRED.—Not later than January 15, 

16 2011, the Secretary of the Army shall submit to the con17 gressional defense committees a report on the Ground 

18 Combat Vehicle program of the Army. Such report shall 

19 include— 

20 (1) the results of the analysis of alternatives 

21 conducted prior to milestone A, including any tech22 nical data; and 

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

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1 gram during the technology development phase of 

2 such program. 

3 (b) FORM.—The report required by subsection (a) 

4 shall be submitted in unclassified form, but may include 

5 a classified annex. 

6 (c) LIMITATION ON OBLIGATION OF FUNDS.—Of the 

7 funds authorized to be appropriated by this or any other 

8 Act for fiscal year 2011 for research, development, test, 

9 and evaluation, Army, for development of the Ground 

10 Combat Vehicle, not more than 50 percent may be obli11 gated or expended until the date that is 30 days after the 

12 date on which the report is submitted under subsection 

13 (a). 

14 SEC. 232. COST BENEFIT ANALYSIS OF FUTURE TANK15 FIRED MUNITIONS. 

16 (a) COST BENEFIT ANALYSIS REQUIRED.— 

17 (1) IN GENERAL.—The Secretary of the Army 

18 shall conduct a cost benefit analysis of future muni19 tions to be fired from the M1 Abrams series main 

20 battle tank to determine the proper investment to be 

21 made in tank munitions, including beyond line of 

22 sight technology. 

23 (2) ELEMENTS.—The cost benefit analysis 

24 under paragraph (1) shall include— 


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1 (A) the predicted operational performance 

2 of future tank-fired munitions, including those 

3 incorporating beyond line of sight technology, 

4 based on the relevant modeling and simulation 

5 of future combat scenarios of the Army, includ6 ing a detailed analysis on the suitability of each 

7 munition to address the full spectrum of targets 

8 across the entire range of the tank (including 

9 close range, mid-range, long-range, and beyond 

10 line of sight); 

11 (B) a detailed assessment of the projected 

12 costs to develop and field each tank-fired muni13 tion included in the analysis, including those in14 corporating beyond line of sight technology; and 

15 (C) a comparative analysis of each tank16 fired munition included in the analysis, includ17 ing suitability to address known capability gaps 

18 and overmatch against known and projected 

19 threats. 

20 (3) MUNITIONS INCLUDED.—In conducting the 

21 cost benefit analysis under paragraph (1), the Sec22 retary shall include, at a minimum, the Mid-Range 

23 Munition, the Advanced Kinetic Energy round, and 

24 the Advanced Multipurpose Program. 


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

2 Secretary shall provide a detailed briefing to the congres3 sional defense committees on the cost benefit analysis con4 ducted under subsection (a). 

5 SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON 

6 THE VH–(XX) PRESIDENTIAL HELICOPTER AC7 QUISITION PROGRAM. 

8 (a) ANNUAL GAO REVIEW.—During the period be9 ginning on the date of the enactment of this Act and end10 ing on March 1, 2013, the Comptroller General of the 

11 United States shall conduct an annual review of the VH– 

12 (XX) aircraft acquisition program. 

13 (b) ANNUAL REPORTS.— 

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

15 each year beginning in 2011 and ending in 2013, 

16 the Comptroller General shall submit to the congres17 sional defense committees a report on the review of 

18 the VH–(XX) aircraft acquisition program con19 ducted under subsection (a). 

20 (2) MATTERS TO BE INCLUDED.—Each report 

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

22 program shall include the following: 

23 (A) The extent to which the program is 

24 meeting development and procurement cost, 


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1 schedule, performance, and risk mitigation 

2 goals. 

3 (B) With respect to meeting the desired 

4 initial operational capability and full operational 

5 capability dates for the VH–(XX) aircraft, the 

6 progress and results of— 

7 (i) developmental and operational test8 ing of the aircraft; and 

9 (ii) plans for correcting deficiencies in 

10 aircraft performance, operational effective11 ness, reliability, suitability, and safety. 

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

13 procurement plans, production results, and ef14 forts to improve manufacturing efficiency and 

15 supplier performance. 

16 (D) An assessment of the acquisition strat17 egy of the VH–(XX) aircraft, including whether 

18 such strategy is in compliance with acquisition 

19 management best-practices and the acquisition 

20 policy and regulations of the Department of De21 fense. 

22 (E) A risk assessment of the integrated 

23 master schedule and the test and evaluation 

24 master plan of the VH–(XX) aircraft as it re25 lates to— 


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1 (i) the probability of success; 

2 (ii) the funding required for such air3 craft compared with the funding pro4 grammed; and 

5 (iii) development and production con6 currency. 

7 (3) ADDITIONAL INFORMATION.—In submitting 

8 to the congressional defense committees the first re9 port under paragraph (1) and a report following any 

10 changes made by the Secretary of the Navy to the 

11 baseline documentation of the VH–(XX) aircraft ac12 quisition program, the Comptroller General shall in13 clude, with respect to such program, an assessment 

14 of the sufficiency and objectivity of— 

15 (A) the analysis of alternatives; 

16 (B) the initial capabilities document; 

17 (C) the capabilities development document; 

18 and 

19 (D) the systems requirement document. 

20 Subtitle E—Other Matters 

21 SEC. 241. SENSE OF CONGRESS AFFIRMING THE IMPOR22 TANCE OF DEPARTMENT OF DEFENSE PAR23 TICIPATION IN DEVELOPMENT OF NEXT GEN24 ERATION SEMICONDUCTOR TECHNOLOGIES. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) The next generation of weapons systems, 

2 battlefield sensors, and intelligence platforms will 

3 need to be lighter, more agile, consume less power, 

4 and have greater computational power, which can be 

5 achieved by decreasing the feature size of integrated 

6 circuits to the nanometer scale. 

7 (2) There is a growing concern in the Depart8 ment of Defense and the United States intelligence 

9 community over the offshore shift in development 

10 and production of high capacity semiconductors. 

11 Greater reliance on providers of semiconductors in 

12 the United States high technology industry would 

13 help mitigate the security risks of such an offshore 

14 shift. 

15 (3) The development of new manufacturing 

16 technologies is recognized in the semiconductor in17 dustry as critical to the development of the next gen18 eration of integrated circuits. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) the United States should pursue research 

22 and development capabilities to take the lead in de23 veloping and producing the next generation of inte24 grated circuits; and 


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1 (2) the Department of Defense should continue 

2 to work with industry and academia in pursuing the 

3 research and development of advanced manufac4 turing techniques in support of the development of 

5 the next generation of integrated circuits needed for 

6 the requirements and specialized applications of the 

7 Department of Defense. 

8 SEC. 242. PILOT PROGRAM ON COLLABORATIVE ENERGY 

9 SECURITY. 

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

11 coordination with the Secretary of Energy, may carry out 

12 a collaborative energy security pilot program involving one 

13 or more partnerships between one military installation and 

14 one national laboratory, for the purpose of evaluating and 

15 validating secure, salable microgrid components and sys16 tems for deployment. 

17 (b) SELECTION OF MILITARY INSTALLATION AND

18 NATIONAL LABORATORY.—If the Secretary of Defense 

19 carries out a pilot program under this section, the Sec20 retary of Defense and the Secretary of Energy shall jointly 

21 select a military installation and a national laboratory for 

22 the purpose of carrying out the pilot program. In making 

23 such selections, the Secretaries shall consider each of the 

24 following: 


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1 (1) A commitment to participate made by a 

2 military installation being considered for selection. 

3 (2) The findings and recommendations of rel4 evant energy security assessments of military instal5 lations being considered for selection. 

6 (3) The availability of renewable energy sources 

7 at a military installation being considered for selec8 tion. 

9 (4) Potential synergies between the expertise 

10 and capabilities of a national laboratory being con11 sidered for selection and the infrastructure, inter12 ests, or other energy security needs of a military in13 stallation being considered for selection. 

14 (5) The effects of any utility tariffs, surcharges, 

15 or other considerations on the feasibility of enabling 

16 any excess electricity generated on a military instal17 lation being considered for selection to be sold or 

18 otherwise made available to the local community 

19 near the installation. 

20 (c) PROGRAM ELEMENTS.—A pilot program under 

21 this section shall be carried out as follows: 

22 (1) Under the pilot program, the Secretaries 

23 shall evaluate and validate the performance of new 

24 energy technologies that may be incorporated into 

25 operating environments. 


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1 (2) The pilot program shall involve collabora2 tion with the Office of Electricity Delivery and En3 ergy Reliability of the Department of Energy and 

4 other offices and agencies within the Department of 

5 Energy, as appropriate, and the Environmental Se6 curity Technical Certification Program of the De7 partment of Defense. 

8 (3) Under the pilot program, the Secretary of 

9 Defense shall investigate opportunities for any ex10 cess electricity created for the military installation to 

11 be sold or otherwise made available to the local com12 munity near the installation. 

13 (4) The Secretary of Defense shall use the re14 sults of the pilot program as the basis for informing 

15 key performance parameters and validating energy 

16 components and designs that could be implemented 

17 in various military installations across the country 

18 and at forward operating bases. 

19 (5) The pilot program shall support the effort 

20 of the Secretary of Defense to use the military as a 

21 test bed to demonstrate innovative energy tech22 nologies. 

23 (d) IMPLEMENTATION AND DURATION.—If the Sec24 retary of Defense carries out a pilot program under this 

25 section, such pilot program shall begin by not later than 


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1 July 1, 2011, and shall be not less than three years in 

2 duration. 

3 (e) REPORTS.— 

4 (1) INITIAL REPORT.—If the Secretary of De5 fense carries out a pilot program under this section, 

6 the Secretary shall submit to the appropriate con7 gressional committees by not later than October 1, 

8 2011, an initial report that provides an update on 

9 the implementation of the pilot program, including 

10 an identification of the selected military installation 

11 and national laboratory partner and a description of 

12 technologies under evaluation. 

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

14 after completion of a pilot program under this sec15 tion, the Secretary shall submit to the appropriate 

16 congressional committees a report on the pilot pro17 gram, including any findings and recommendations 

18 of the Secretary. 

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

20 (1) The term ‘‘appropriate congressional com21 mittees’’ means— 

22 (A) the Committee on Armed Services, the 

23 Committee on Energy and Commerce, and the 

24 Committee on Science and Technology of the 

25 House of Representatives; and 


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1 (B) the Committee on Armed Services, the 

2 Committee on Energy and Natural Resources, 

3 and the Committee on Commerce, Science, and 

4 Transportation of the Senate. 

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

6 energy system consisting of interconnected loads and 

7 distributed energy resources (including generators, 

8 energy storage devices, and smart controls) that can 

9 operate with the utility grid or in an intentional 

10 islanding mode. 

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

12 (A) a national laboratory (as defined in 

13 section 2 of the Energy Policy Act of 2005 (42 

14 U.S.C. 15801)); or 

15 (B) a national security laboratory (as de16 fined in section 3281 of the National Nuclear 

17 Security Administration Act (50 U.S.C. 2471)). 

18 SEC. 243. PILOT PROGRAM TO INCLUDE TECHNOLOGY PRO19 TECTION FEATURES DURING RESEARCH AND 

20 DEVELOPMENT OF DEFENSE SYSTEMS. 

21 (a) PILOT PROGRAM.—The Secretary of Defense 

22 shall carry out a pilot program to develop and incorporate 

23 technology protection features in a designated system dur24 ing the research and development phase of such system. 


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

2 of each year in which the Secretary carries out the pilot 

3 program established under this section, the Secretary shall 

4 submit to the congressional defense committees a report 

5 on the pilot program, including a list of each designated 

6 system included in the program. 

7 (c) TERMINATION.—The pilot program established 

8 under this section shall terminate on October 1, 2015. 

9 (d) DEFINITIONS.—In this section: 

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

11 system (including a major system, as defined in sec12 tion 2302(5) of title 10, United States Code) that 

13 the Under Secretary of Defense for Acquisition, 

14 Technology, and Logistics designates as being in15 cluded in the pilot program established under this 

16 section. 

17 (2) The term ‘‘technology protection features’’ 

18 means the technical modifications necessary to pro19 tect critical program information, including anti20 tamper technologies and other systems engineering 

21 activities intended to prevent or delay exploitation of 

22 critical technologies in a designated system. 

23 TITLE III—OPERATION AND 

24 MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 


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Subtitle B—Energy and Environmental Provisions 

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

in connection with the Twin Cities Army Ammunition Plant, 

Minnesota. 

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

in connection with Naval Air Station, Brunswick, Maine. 

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

water at Camp Lejeune, North Carolina. 

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

Subtitle C—Workplace and Depot Issues 

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

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

prime vendor contracts for depot-level maintenance and repair. 

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

to performance by Department of Defense civilian employees. 

Subtitle D—Reports 

Sec. 331. Additional reporting requirements relating to corrosion prevention 

projects and activities. 

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

Sec. 333. Report on Air Sovereignty Alert mission. 

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

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

Subtitle E—Limitations and Extensions of Authority 

Sec. 341. Permanent authority to accept and use landing fees charged for use 

of domestic military airfields by civil aircraft. 

Sec. 342. Extension of Arsenal Support Program Initiative. 

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

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

justification material. 

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

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

Subtitle F—Other Matters 

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

Sec. 352. Revision to authorities relating to transportation of civilian passengers and commercial cargoes by Department of Defense 

when space unavailable on commercial lines. 

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

hiring authority to facilitate performance of certain Department of Defense functions by civilian employees. 

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

to household goods in limited cases not covered by carrier liability. 

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

Sec. 356. Operational readiness models. 


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Sec. 357. Sense of Congress regarding continued importance of High-Altitude 

Aviation Training Site, Colorado. 

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

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2011 for the use of the Armed Forces and other 

6 activities and agencies of the Department of Defense for 

7 expenses, not otherwise provided for, for operation and 

8 maintenance, in amounts as follows: 

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

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

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

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

13 (5) For Defense-wide activities, 

14 $30,562,619,000. 

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

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

17 (8) For the Marine Corps Reserve, 

18 $285,234,000. 

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

20 (10) For the Army National Guard, 

21 $6,621,704,000. 

22 (11) For the Air National Guard, 

23 $6,042,239,000. 


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1 (12) For the United States Court of Appeals 

2 for the Armed Forces, $14,068,000. 

3 (13) For the Acquisition Development Work4 force Fund, $217,561,000. 

5 (14) For Environmental Restoration, Army, 

6 $444,581,000. 

7 (15) For Environmental Restoration, Navy, 

8 $304,867,000. 

9 (16) For Environmental Restoration, Air Force, 

10 $502,653,000. 

11 (17) For Environmental Restoration, Defense12 wide, $10,744,000. 

13 (18) For Environmental Restoration, Formerly 

14 Used Defense Sites, $296,546,000. 

15 (19) For Overseas Humanitarian, Disaster, and 

16 Civic Aid programs, $108,032,000. 

17 (20) For Cooperative Threat Reduction pro18 grams, $522,512,000. 

19 Subtitle B—Energy and 

20 Environmental Provisions 

21 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC22 TION AGENCY FOR CERTAIN COSTS IN CON23 NECTION WITH THE TWIN CITIES ARMY AM24 MUNITION PLANT, MINNESOTA. 

25 (a) AUTHORITY TO REIMBURSE.— 


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1 (1) TRANSFER AMOUNT.—Using funds de2 scribed in subsection (b) and notwithstanding sec3 tion 2215 of title 10, United States Code, the Sec4 retary of Defense may transfer not more than 

5 $5,611,670.67 in fiscal year 2011 to the Hazardous 

6 Substance Superfund. 

7 (2) PURPOSE OF REIMBURSEMENT.—The 

8 amount authorized to be transferred under para9 graph (1) is to reimburse the Environmental Protec10 tion Agency for costs the Agency incurred relating 

11 to the response actions performed at the Twin Cities 

12 Army Ammunition Plant, Minnesota. 

13 (3) INTERAGENCY AGREEMENT.—The reim14 bursement described in paragraph (2) is intended to 

15 satisfy certain terms of the interagency agreement 

16 entered into by the Department of the Army and the 

17 Environmental Protection Agency for the Twin Cit18 ies Army Ammunition Plant that took effect in De19 cember 1987 and that provided for the recovery of 

20 expenses by the Agency from the Department of the 

21 Army. 

22 (b) SOURCE OF FUNDS.—The transfer of funds au23 thorized in subsection (a) shall be made using funds au24 thorized to be appropriated for fiscal year 2011 for operVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 ation and maintenance for Environmental Restoration, 

2 Army. 

3 SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION 

4 AGENCY OF STIPULATED PENALTIES IN CON5 NECTION WITH NAVAL AIR STATION, BRUNS6 WICK, MAINE. 

7 (a) AUTHORITY TO TRANSFER FUNDS.—From 

8 amounts authorized to be appropriated for fiscal year 

9 2011 for the Department of Defense Base Closure Ac10 count 2005, and notwithstanding section 2215 of title 10, 

11 United States Code, the Secretary of Defense may trans12 fer an amount of not more than $153,000 to the Haz13 ardous Substance Superfund established under subchapter 

14 A of chapter 98 of the Internal Revenue Code of 1986. 

15 (b) PURPOSE OF TRANSFER.—The purpose of a 

16 transfer made under subsection (a) is to satisfy a stipu17 lated penalty assessed by the Environmental Protection 

18 Agency on June 12, 2008, against Naval Air Station, 

19 Brunswick, Maine, for the failure of the Navy to sample 

20 certain monitoring wells in a timely manner pursuant to 

21 a schedule included in the Federal facility agreement for 

22 Naval Air Station, Brunswick, which was entered into by 

23 the Secretary of the Navy and the Administrator of the 

24 Environmental Protection Agency on October 19, 1990. 


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1 (c) ACCEPTANCE OF PAYMENT.—If the Secretary of 

2 Defense makes a transfer authorized under subsection (a), 

3 the Administrator of the Environmental Protection Agen4 cy shall accept the amount transferred as payment in full 

5 of the penalty referred to in subsection (b). 

6 SEC. 313. REQUIREMENTS RELATED TO THE INVESTIGA7 TION OF EXPOSURE TO DRINKING WATER AT 

8 CAMP LEJEUNE, NORTH CAROLINA. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) The Department of the Navy and the Agen12 cy for Toxic Substances and Disease Registry (here13 inafter in this section referred to as ‘‘ATSDR’’) 

14 have been working together for almost two decades 

15 to identify the possible effects of exposure to con16 taminated drinking water at Camp Lejeune, North 

17 Carolina. 

18 (2) Multiple studies have been conducted, and 

19 are being conducted, which require significant 

20 amounts of data and historical documentation, re21 quiring the Department of the Navy and ATSDR to 

22 have close collaboration and open access to informa23 tion. 

24 (3) In June 2010, the Department of the Navy 

25 and ATSDR established the Camp Lejeune Data 


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1 Mining Technical Workgroup to identify and inven2 tory information and data relevant to the ongoing 

3 scientific research. 

4 (b) REQUIREMENTS.— 

5 (1) ATSDR ACCESS TO DATA.—By not later 

6 than 90 days after the date of the enactment of this 

7 Act, the Secretary of the Navy shall ensure that the 

8 inventory created by the Camp Lejeune Data Mining 

9 Technical Workgroup is accurate and complete and 

10 that ATSDR has full access to all of the documents 

11 and data listed therein as needed. 

12 (2) AVAILABILITY OF NEW AND NEWLY DISCOV13 ERED DOCUMENTS.—If after the date of enactment 

14 of this Act the Secretary of the Navy generates any 

15 new document, record, or electronic data, or comes 

16 into possession of any existing document, record, or 

17 electronic data not previously provided in the Camp 

18 Lejeune Data Mining Technical Workgroup, the Sec19 retary of the Navy shall make such information im20 mediately available to ATSDR with an electronic in21 ventory incorporating the newly located or generated 

22 document, record, or electronic data. 

23 (3) LIMITATION ON ADJUDICATION OF

24 CLAIMS.—None of the funds authorized to be appro25 priated by this Act for fiscal year 2011 may be used 


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1 to adjudicate any administrative claim filed with the 

2 Department of the Navy regarding water contamina3 tion at Camp Lejeune, North Carolina, until at least 

4 45 days after the date on which the Secretary of the 

5 Navy notifies the Committees on Armed Services of 

6 the Senate and House of Representatives of the in7 tention of the Secretary to adjudicate the claim. 

8 SEC. 314. COMPTROLLER GENERAL ASSESSMENT ON MILI9 TARY ENVIRONMENTAL EXPOSURES. 

10 (a) FINDINGS.—Congress makes the following find11 ings: 

12 (1) There have been various reports of the ex13 posure of current and former members of the Armed 

14 Forces, their dependents, and civilian employees to 

15 environmental hazards while living and working on 

16 military installations. 

17 (2) There is the need to better understand ex18 isting Department of Defense policies and proce19 dures for addressing possible environmental expo20 sures at military installations, determining any cor21 relation between such an exposure and a subsequent 

22 health condition, and handling claims and potential 

23 compensation. 

24 (3) While many of these possible exposures have 

25 been studied and evaluated, the extent to which 


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1 those exposures caused or contributed to the short2 and long-term health conditions of current and 

3 former members of the Armed Forces, their depend4 ents, and civilian employees remains largely un5 known. 

6 (4) As for these possible exposures and the link 

7 between the exposure and subsequent health condi8 tions, there may be better ways for the Federal Gov9 ernment to evaluate, address and, as warranted, pro10 vide health benefits or possible compensation as a 

11 remedy to these potential exposures. 

12 (b) COMPTROLLER GENERAL ASSESSMENT RE13 QUIRED.—The Comptroller General of the United States 

14 shall carry out an assessment of possible exposures to en15 vironmental hazards on military installations that includes 

16 the following: 

17 (1) An identification of the policies and proc18 esses by which the Department of Defense and the 

19 military departments respond to environmental haz20 ards on military installations and possible exposures 

21 and determine if there is a standard framework. 

22 (2) An identification of the existing processes 

23 available to current and former members of the 

24 Armed Forces, their dependents, and civilian em25 ployees to seek compensation and health benefits for 


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1 exposures to environmental hazards on military in2 stallations. 

3 (3) A comparison of the processes identified 

4 under paragraph (2) with other potential options or 

5 methods for providing health benefits or compensa6 tion to individuals for injuries that may have re7 sulted from environmental hazards on military in8 stallations. 

9 (4) An examination of what is known about the 

10 advantages and disadvantages of other potential op11 tions or methods as well as any shortfalls in the cur12 rent processes. 

13 (5) Recommendations for any administrative or 

14 legislative action that the Comptroller General 

15 deems appropriate in the context of the assessment. 

16 (c) REPORT.—Not later than January 1, 2012, the 

17 Comptroller General shall submit to the Chairmen and 

18 Ranking Members of the Committees on Armed Services 

19 of the Senate and the House of Representatives a report 

20 on the findings and recommendations, as appropriate, of 

21 the Comptroller General with respect to the assessment 

22 conducted under subsection (b). 

23 (d) COORDINATION.—In carrying out subsection (b), 

24 the Comptroller General shall receive comments from the 

25 Secretary of Defense and others, as appropriate. 


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1 (e) CONSTRUCTION.—Nothing in this section shall be 

2 interpreted to impede, encroach, or delay— 

3 (1) any studies, reviews, or assessments of any 

4 actual or potential environmental exposures at any 

5 military installation, including the studies included 

6 in the Agency for Toxic Substances and Disease 

7 Registry’s Annual Plan of Work regarding the water 

8 contamination at Camp Lejeune, North Carolina; 

9 (2) the Agency for Toxic Substances and Dis10 ease Registry’s statutory obligations, including its 

11 obligations under the Comprehensive Environmental 

12 Response, Compensation, and Liability Act of 1980 

13 (42 U.S.C. 9601 et seq.) regarding Superfund sites; 

14 or 

15 (3) the remediation of any environmental con16 tamination or hazard at any military installation. 

17 (f) MILITARY INSTALLATION DEFINED.—In this sec18 tion, the term ‘‘military installation’’ has the meaning 

19 given that term in section 2801(c)(4) of title 10, United 

20 States Code. 


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1 Subtitle C—Workplace and Depot 

2 Issues 

3 SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT 

4 FOR SERVICE CONTRACT INVENTORY. 

5 Section 2330a(c) of title 10, United States Code, is 

6 amended— 

7 (1) by redesignating paragraph (2) as para8 graph (3); 

9 (2) in paragraph (1), in the matter preceding 

10 subparagraph (A)— 

11 (A) by striking the second sentence; 

12 (B) by inserting after the first sentence 

13 the following new sentence: ‘‘The guidance for 

14 compiling the inventory shall be issued by the 

15 Under Secretary of Defense for Personnel and 

16 Readiness, the Under Secretary of Defense 

17 (Comptroller), and the Under Secretary of De18 fense for Acquisition, Technology, and Logis19 tics, as follows:’’; and 

20 (C) by inserting after the sentence added 

21 by subparagraph (B) the following: 

22 ‘‘(A) The Under Secretary of Defense for Per23 sonnel and Readiness, as supported by the Under 

24 Secretary of Defense (Comptroller), shall be respon25 sible for developing guidance for— 


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1 ‘‘(i) the collection of data regarding func2 tions and missions performed by contractors in 

3 a manner that is comparable to the manpower 

4 data elements used in inventories of functions 

5 performed by Department of Defense employ6 ees; and 

7 ‘‘(ii) the calculation of contractor man8 power equivalents in a manner that is com9 parable to the calculation of full-time equiva10 lents for use in inventories of functions per11 formed by Department of Defense employees. 

12 ‘‘(B) The Under Secretary of Defense for Ac13 quisition, Technology, and Logistics shall be respon14 sible for developing guidance on other data elements 

15 and implementing procedures.’’; 

16 (3) by inserting after subparagraph (B) of 

17 paragraph (1), as added by paragraph (2), the fol18 lowing: 

19 ‘‘(2) The entry for an activity on an inventory under 

20 this subsection shall include, for the fiscal year covered 

21 by such entry, the following:’’; and 

22 (4) in paragraph (2), as redesignated by para23 graph (3), by striking subparagraph (E) and insert24 ing the following new subparagraph (E): 


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1 ‘‘(E) The number of contractor employees, ex2 pressed as full-time equivalents for direct labor, 

3 using direct labor hours and associated cost data 

4 collected from contractors (except that estimates 

5 may be used where such data is not available and 

6 cannot reasonably be made available in a timely 

7 manner for the purpose of the inventory).’’. 

8 SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF 

9 FUNCTIONS PERFORMED UNDER PRIME VEN10 DOR CONTRACTS FOR DEPOT-LEVEL MAINTE11 NANCE AND REPAIR. 

12 Section 346 of the Strom Thurmond National De13 fense Authorization Act for Fiscal Year 1999 (Public Law 

14 105–261; 112 Stat. 1979; 10 U.S.C. 2464 note) is re15 pealed. 

16 SEC. 323. PROHIBITION ON ESTABLISHING GOALS OR 

17 QUOTAS FOR CONVERSION OF FUNCTIONS TO 

18 PERFORMANCE BY DEPARTMENT OF DE19 FENSE CIVILIAN EMPLOYEES. 

20 (a) PROHIBITION.—The Secretary of Defense may 

21 not establish, apply, or enforce any numerical goal, target, 

22 or quota for the conversion of Department of Defense 

23 functions to performance by Department of Defense civil24 ian employees, unless such goal, target, or quota is based 


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1 on considered research and analysis, as required by section 

2 235, 2330a, or 2463 of title 10, United States Code. 

3 (b) DECISIONS TO INSOURCE.—In deciding which 

4 functions should be converted to performance by Depart5 ment of Defense civilian employees pursuant to section 

6 2463 of title 10, United States Code, the Secretary of De7 fense shall use the costing methodology outlined in the Di8 rective-Type Memorandum 09–007 (Estimating and Com9 paring the Full Costs of Civilian and Military Manpower 

10 and Contractor Support) or any successor guidance for the 

11 determination of costs when costs are the sole basis for 

12 the decision. The Secretary of a military department may 

13 issue supplemental guidance to assist in such decisions af14 fecting functions of that military department. 

15 (c) REPORTS.— 

16 (1) REPORT TO CONGRESS.—Not later than 

17 March 31, 2011, the Secretary of Defense shall sub18 mit to the congressional defense committees a report 

19 on the decisions with respect to the conversion of 

20 functions to performance by Department of Defense 

21 civilian employees made during fiscal year 2010. 

22 Such report shall identify, for each such decision— 

23 (A) the agency or service of the Depart24 ment involved in the decision; 


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1 (B) the basis and rationale for the deci2 sion; and 

3 (C) the number of contractor employees 

4 whose functions were converted to performance 

5 by Department of Defense civilian employees. 

6 (2) COMPTROLLER GENERAL REVIEW.—Not 

7 later than 120 days after the submittal of the report 

8 under paragraph (1), the Comptroller General of the 

9 United States shall submit to the congressional de10 fense committees an assessment of the report. 

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

12 construed— 

13 (1) to preclude the Secretary of Defense from 

14 establishing, applying, and enforcing goals for the 

15 conversion of acquisition functions and other critical 

16 functions to performance by Department of Defense 

17 civilian employees, where such goals are based on 

18 considered research and analysis; or 

19 (2) to require the Secretary of Defense to con20 duct a cost comparison before making a decision to 

21 convert any acquisition function or other critical 

22 function to performance by Department of Defense 

23 civilian employees, where factors other than cost 

24 serve as a basis for the Secretary’s decision. 


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1 Subtitle D—Reports 

2 SEC. 331. ADDITIONAL REPORTING REQUIREMENTS RELAT3 ING TO CORROSION PREVENTION PROJECTS 

4 AND ACTIVITIES. 

5 Section 2228(e) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1)— 

8 (A) in subparagraph (C), by striking 

9 ‘‘The’’ and inserting ‘‘For the fiscal year cov10 ered by the report and the preceding fiscal year, 

11 the’’; and 

12 (B) by adding at the end the following new 

13 subparagraph: 

14 ‘‘(E) For the fiscal year covered by the report 

15 and the preceding fiscal year, the amount of funds 

16 requested in the budget for each project or activity 

17 described in subsection (d) compared to the funding 

18 requirements for the project or activity.’’; 

19 (2) in paragraph (2)(B), by inserting before the 

20 period at the end the following: ‘‘, including the 

21 annex to the report described in paragraph (3)’’; and 

22 (3) by adding at the end the following new 

23 paragraph: 

24 ‘‘(3) Each report under this section shall include, in 

25 an annex to the report, a copy of the annual corrosion 


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1 report most recently submitted by the corrosion control 

2 and prevention executive of each military department 

3 under section 903(b)(5) of the Duncan Hunter National 

4 Defense Authorization Act for Fiscal Year 2009 (Public 

5 Law 110–417; 122 Stat. 4567; 10 U.S.C. 2228 note).’’. 

6 SEC. 332. MODIFICATION AND REPEAL OF CERTAIN RE7 PORTING REQUIREMENTS. 

8 (a) PRIORITIZATION OF FUNDS.—Subsection (a) of 

9 section 323 of the John Warner National Defense Author10 ization Act for Fiscal Year 2007 (10 U.S.C. 229 note) 

11 is amended— 

12 (1) in paragraph (1), by striking ‘‘the global 

13 war on terrorism’’ and inserting ‘‘overseas contin14 gency operations’’; and 

15 (2) in paragraph (2)— 

16 (A) in subparagraph (A), by striking 

17 ‘‘units transforming to modularity’’ and insert18 ing ‘‘modular units’’; and 

19 (B) in subparagraph (B), by striking 

20 ‘‘2012’’ and inserting ‘‘2015’’. 

21 (b) BUDGET INFORMATION.—Subsection (b) of such 

22 section is amended— 

23 (1) in paragraph (2)— 

24 (A) in subparagraph (A)— 


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1 (i) by striking ‘‘the global war on ter2 rorism’’ and inserting ‘‘overseas contin3 gency operations’’; and 

4 (ii) by inserting ‘‘and’’ at the end; 

5 (B) in subparagraph (B)— 

6 (i) in clause (i), by striking ‘‘units 

7 transforming to modularity’’ and inserting 

8 ‘‘modular units’’; and 

9 (ii) by striking ‘‘; and’’ at the end and 

10 inserting a period; and 

11 (C) by striking subparagraph (C); and 

12 (2) by striking paragraph (3). 

13 (c) ANNUAL REPORT ON ARMY PROGRESS.—Sub14 section (c) of such section is amended— 

15 (1) by striking paragraphs (1), (2), (3), (4), 

16 (5), (6), and (7); 

17 (2) by redesignating paragraphs (8) and (9) as 

18 subparagraphs (D) and (F), respectively; 

19 (3) by submitting ‘‘(1)’’ before ‘‘On the date’’; 

20 (4) in paragraph (1), as designated by para21 graph (3) of this subsection, by striking ‘‘in meet22 ing’’ and all that follows through ‘‘shall be itemized’’ 

23 and inserting ‘‘in fulfilling the key enabler equip24 ment requirements of modular units and in repair25 ing, recapitalizing, and replacing equipment and maVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 teriel used in support of overseas contingency oper2 ations underway as of the date of such report, and 

3 associated sustainment. Any information included in 

4 the report shall be itemized’’; 

5 (5) by striking ‘‘Each such report’’ and all that 

6 follows through the colon and inserting the fol7 lowing: 

8 ‘‘(2) Each such report shall include the following: 

9 ‘‘(A) An assessment of the key enabler equip10 ment and personnel of the Army, including— 

11 ‘‘(i) a comparison of— 

12 ‘‘(I) the authorized level of key en 

13 abler equipment; 

14 ‘‘(II) the level of key enabler equip15 ment on hand; and 

16 ‘‘(III) the planned purchases of key 

17 enabler equipment as set forth in the fu18 ture-years defense program submitted with 

19 the budget for such fiscal year; 

20 ‘‘(ii) a comparison of the authorized and 

21 actual personnel levels for personnel with key 

22 enabler personnel specialities with the require23 ments for key enabler personnel specialties; 


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1 ‘‘(iii) an identification of any shortfalls in2 dicated by the comparisons in clauses (i) and 

3 (ii); and 

4 ‘‘(iv) an assessment of the number and 

5 type of key enabler equipment that the Army 

6 projects it will have on hand by the end of such 

7 future-years defense program that will require 

8 repair, recapitalization, or replacement at or be 

9 fore the end of the time period covered by such 

10 future-years defense program (which assess11 ment shall account for additional repair, recapi12 talization, or replacement resulting from use of 

13 key enabler equipment in overseas contingency 

14 operations). 

15 ‘‘(B) If an assessment under subparagraph (A) 

16 identifies shortfalls that will exist within the period 

17 covered by the future-years defense program sub18 mitted in such fiscal year, an identification of the 

19 risks associated with such shortfalls and mitigation 

20 strategies to address such risks. 

21 ‘‘(C) A schedule for the accomplishment of the 

22 purposes set forth in paragraph (1).’’; 

23 (6) in paragraph (2), as amended by para24 graphs (2) and (5) of this subsection, by inserting 


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1 after subparagraph (D) the following new subpara2 graph: 

3 ‘‘(E) A description of the status of the develop4 ment of doctrine on how modular combat, func5 tional, and support forces will train, be sustained, 

6 and fight.’’; and 

7 (7) in subparagraph (F) of paragraph (2) as re8 designated by paragraphs (2) and (5) of this sub9 section, by striking ‘‘paragraphs (1) through (8)’’ 

10 and inserting ‘‘subparagraphs (A) through (E)’’. 

11 (d) ANNUAL COMPTROLLER GENERAL ON ARMY

12 PROGRESS.—Subsection (d) of such section is amended to 

13 read as follows: 

14 ‘‘(d) ANNUAL COMPTROLLER GENERAL REPORT ON

15 ARMY PROGRESS.—Not later than 180 days after the date 

16 on which the Secretary of the Army submits a report 

17 under subsection (c), the Comptroller General of the 

18 United States shall submit to the congressional defense 

19 committees a report setting forth the Comptroller Gen20 eral’s review of such report. Each report under this sub21 section shall include such information and recommenda22 tions as the Comptroller General considers appropriate in 

23 light of such review.’’. 

24 (e) DEFINITIONS.—Such section is further amend25 ed— 


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1 (1) by redesignating subsection (e) as sub2 section (f); and 

3 (2) by inserting after subsection (d), as amend4 ed by subsection (d) of this section, the following 

5 new subsection (e): 

6 ‘‘(e) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘contingency operation’ has the 

8 meaning given that term in section 101(a)(13) of 

9 title 10, United States Code. 

10 ‘‘(2) The term ‘key enabler’, in the case of 

11 equipment or personnel, means equipment or per12 sonnel, as the case may be, that make a modular 

13 force or unit as capable or more capable than the 

14 non-modular force or unit it replaced, including the 

15 following: 

16 ‘‘(A) Equipment such as tactical and high 

17 frequency radio, tactical wheeled vehicles, battle 

18 command systems, unmanned aerial vehicles, 

19 all-source analysis systems, analysis and control 

20 elements, fire support sensor systems, firefinder 

21 radar, joint network nodes, long-range advanced 

22 scout surveillance systems, Trojan Spirit sys23 tems (or any successor system), and any other 

24 equipment items identified by the Army as 

25 making a modular force or unit as capable or 


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1 more capable than the non-modular force or 

2 unit it replaced. 

3 ‘‘(B) Personnel in specialties needed to op4 erate or support the equipment specified in sub5 paragraph (A) and personnel in specialties re6 lating to civil affairs, communication and infor7 mation systems operation, explosive ordinance 

8 disposal, military intelligence, psychological op9 erations, and any other personnel specialties 

10 identified by the Army as making a modular 

11 force or unit as capable or more capable than 

12 the non-modular force or unit it replaced.’’. 

13 (f) TERMINATION OF REPORT REQUIREMENT.—Sub14 section (f) of such section, as redesignated by subsection 

15 (e)(1) of this section, is further amended by striking ‘‘fis16 cal year 2012’’ and inserting ‘‘fiscal year 2015’’. 

17 (g) REPEAL OF REPORT ON DISPOSITION OF RE18 SERVE EQUIPMENT.—Title III of the John Warner Na19 tional Defense Authorization Act for Fiscal Year 2007 

20 (Public Law 109–364) is amended by striking section 349. 

21 (h) REPEAL OF REPORT ON READINESS OF GROUND

22 FORCES.—Title III of the National Defense Authorization 

23 Act for Fiscal Year 2008 (Public Law 110–181) is amend24 ed by striking section 355. 


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1 SEC. 333. REPORT ON AIR SOVEREIGNTY ALERT MISSION. 

2 (a) REPORT REQUIRED.—Not later than March 1, 

3 2011, the Commander of the United States Northern 

4 Command and the North American Aerospace Defense 

5 Command shall submit to the Committees on Armed Serv6 ices of the Senate and House of Representatives a report 

7 on the Air Sovereignty Alert (hereinafter in this section 

8 referred to as ‘‘ASA’’) mission and Operation Noble 

9 Eagle. 

10 (b) CONSULTATION.—The Commander shall consult 

11 with the Director of the National Guard Bureau who shall 

12 review and provide independent analysis and comments on 

13 the report required under subsection (a). 

14 (c) CONTENTS OF REPORT.—The report required 

15 under subsection (a) shall include each of the following: 

16 (1) An evaluation of the ASA mission and of 

17 Operation Noble Eagle. 

18 (2) An evaluation of each of the following: 

19 (A) The current ability to perform the 

20 ASA mission with respect to training, equip21 ment, and basing. 

22 (B) Any current deficiencies in the ASA 

23 mission. 

24 (C) Any changes in threats that would re25 quire any change in training, equipment, and 

26 basing to effectively support the ASA mission. 


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1 (D) An evaluation of whether the ASA 

2 mission is fully resourced with respect to fund3 ing, personnel, and aircraft. 

4 (E) A description of the coverage of ASA 

5 and Operation Noble Eagle units with respect 

6 to— 

7 (i) population centers covered; and 

8 (ii) targets of value covered, including 

9 symbolic (including national monuments, 

10 sports venues, and centers of commerce), 

11 critical infrastructure (including power 

12 plants, ports, dams, bridges, and tele13 communication nodes), and national secu14 rity (including military bases and organs of 

15 government) targets. 

16 (F) An unclassified, notional area of re17 sponsibility conforming to the unclassified re18 sponse time of the unit represented graphically 

19 on a map and detailing the total population and 

20 number of targets of value covered, as described 

21 in subparagraph (E). 

22 (3) The status of the implementation of the rec23 ommendations made in the Government Account24 ability Office report entitled ‘‘Actions Needed to ImVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 prove Management of Air Sovereignty Alert Oper2 ations to Protect U.S. Airspace’’ (GAO–09–184). 

3 (d) FORM OF REPORT.—The report required by sub4 section (a) shall be submitted in unclassified form, but 

5 may contain a classified annex. 

6 SEC. 334. REPORT ON THE SEAD/DEAD MISSION REQUIRE7 MENT FOR THE AIR FORCE. 

8 (a) REPORT REQUIRED.—Not later than 120 days 

9 after the date of the enactment of this Act, the Secretary 

10 of the Air Force shall submit to the Committee on Armed 

11 Services of the Senate and the Committee on Armed Serv12 ice of the House of Representatives a report describing 

13 the feasibility and desirability of designating the Suppres14 sion of Enemy Air Defenses/Destruction of Enemy Air De15 fenses (hereinafter in this section referred to as ‘‘SEAD/ 

16 DEAD’’) mission as a responsibility of the Air National 

17 Guard. 

18 (b) CONTENTS OF REPORT.—The report required 

19 under subsection (a) shall include each of the following: 

20 (1) An evaluation of the SEAD/DEAD mission, 

21 as in effect on the date of the enactment of this Act. 

22 (2) An evaluation of the following with respect 

23 to the SEAD/DEAD mission: 


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1 (A) The current ability of the Air National 

2 Guard to perform the mission with regards to 

3 training, equipment, funding, and basing. 

4 (B) Any current deficiencies of the Air Na5 tional Guard to perform the mission, including 

6 range infrastructure or other improvements 

7 needed to support peacetime training and readi8 ness. 

9 (C) The corrective actions and costs re10 quired to address any deficiencies described in 

11 subparagraph (B). 

12 (c) CONSULTATION.—The Secretary of the Air Force 

13 shall consult with the Director of the National Guard Bu14 reau who shall review and provide independent analysis 

15 and comments on the report required under subsection 

16 (a). 

17 SEC. 335. REQUIREMENT TO UPDATE STUDY ON STRATEGIC 

18 SEAPORTS. 

19 The Commander of the United States Transportation 

20 Command shall update the study entitled ‘‘PORT LOOK 

21 2008 Strategic Seaports Study’’. In updating the study 

22 under this section, the Commander shall consider the in23 frastructure in the vicinity of a strategic port, including 

24 bridges, roads, and rail, and any issues relating to the ca25 pacity and condition of such infrastructure. 


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1 Subtitle E—Limitations and 

2 Extensions of Authority 

3 SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE 

4 LANDING FEES CHARGED FOR USE OF DO5 MESTIC MILITARY AIRFIELDS BY CIVIL AIR6 CRAFT. 

7 (a) IN GENERAL.—Chapter 159 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 2697. Acceptance and use of landing fees charged 

11 for use of domestic military airfields by 

12 civil aircraft 

13 ‘‘(a) AUTHORITY.—The Secretary of a military de14 partment may impose landing fees for the use by civil air15 craft of domestic military airfields under the jurisdiction 

16 of that Secretary and may use any fees received under 

17 this section as a source of funding for the operation and 

18 maintenance of airfields of that department. 

19 ‘‘(b) UNIFORM LANDING FEES.—The Secretary of 

20 Defense shall prescribe the amount of the landing fees 

21 that may be imposed under this section. Such fees shall 

22 be uniform among the military departments. 

23 ‘‘(c) USE OF PROCEEDS.—Amounts received for a 

24 fiscal year in payment of landing fees imposed under this 

25 section for the use of a military airfield shall be credited 


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1 to the appropriation that is available for that fiscal year 

2 for the operation and maintenance of that military airfield, 

3 shall be merged with amounts in the appropriation to 

4 which credited, and shall be available for that military air5 field for the same period and purposes as the appropria6 tion is available. 

7 ‘‘(d) LIMITATION.—The Secretary of a military de8 partment shall determine whether consideration for a 

9 landing fee has been received in a lease, license, or other 

10 real estate agreement for an airfield and shall use such 

11 a determination to offset appropriate amounts imposed 

12 under subsection (a) for that airfield.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by adding 

15 at the end the following new item: 

‘‘2697. Acceptance and use of landing fees charged for use of domestic military 

airfields by civil aircraft.’’. 

16 SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INI17 TIATIVE. 

18 Section 343 of the Floyd D. Spence National Defense 

19 Authorization Act for Fiscal Year 2001 (Public Law 106– 

20 398; 10 U.S.C. 4551 note), as amended by section 341 

21 of the National Defense Authorization Act for Fiscal Year 

22 2008 (Public Law 110–181; 122 Stat. 69) and section 354 

23 of the National Defense Authorization Act for Fiscal Year 


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1 2010 (Public Law 111–84; 123 Stat. 2264), is further 

2 amended— 

3 (1) in subsection (a), by striking ‘‘2011’’ and 

4 inserting ‘‘2012’’; and 

5 (2) in subsection (g)(1), by striking ‘‘2011’’ 

6 and inserting ‘‘2012’’. 

7 SEC. 343. LIMITATION ON OBLIGATION OF FUNDS FOR THE 

8 ARMY HUMAN TERRAIN SYSTEM. 

9 (a) LIMITATION.—Of the amounts authorized to be 

10 appropriated for the Human Terrain System (hereinafter 

11 in this section referred to as the ‘‘HTS’’) that are de12 scribed in subsection (b), not more than 85 percent of the 

13 amounts remaining unobligated as of the date of enact14 ment of this Act may be obligated until the Secretary of 

15 the Army submits to the congressional defense committees 

16 each of the following: 

17 (1) A validation of all HTS requirements, in18 cluding any prior joint urgent operational needs 

19 statements. 

20 (2) A certification that policies, procedures, and 

21 guidance are in place to protect the integrity of so22 cial science researchers participating in HTS, includ23 ing ethical guidelines and human studies research 

24 procedures. 


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1 (b) COVERED AUTHORIZATIONS OR APPROPRIA2 TIONS.—The amounts authorized to be appropriated de3 scribed in this subsection are amounts authorized to be 

4 appropriated for fiscal year 2011, including such amounts 

5 authorized to be appropriated for oversees contingency op6 erations, for— 

7 (1) operation and maintenance for HTS; 

8 (2) procurement for Mapping the Human Ter9 rain hardware and software; and 

10 (3) research, development, test, and evaluation 

11 for Mapping the Human Terrain hardware and soft12 ware. 

13 SEC. 344. LIMITATION ON OBLIGATION OF FUNDS PENDING 

14 SUBMISSION OF CLASSIFIED JUSTIFICATION 

15 MATERIAL. 

16 Of the amounts authorized to be appropriated in this 

17 title for fiscal year 2011 for the Office of the Secretary 

18 of Defense, of the amount that corresponds with budget 

19 activity four, line 270, in the budget transmitted to Con20 gress by the President for fiscal year 2011, not more than 

21 90 percent may be obligated until 15 days after the infor22 mation cited in the classified annex accompanying this Act 

23 relating to the provision of classified justification material 

24 to Congress is provided to the congressional defense com25 mittees. 


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1 SEC. 345. REQUIREMENTS FOR TRANSFERRING AIRCRAFT 

2 WITHIN THE AIR FORCE INVENTORY. 

3 (a) REQUIREMENTS.—In proposing the transfer of 

4 ownership of any aircraft from ownership by a reserve 

5 component of the Air Force to ownership by a regular 

6 component of the Air Force, including such a transfer to 

7 be made on a temporary basis, the Secretary of the Air 

8 Force shall ensure that a written agreement regarding 

9 such transfer of ownership has been entered into between 

10 the Director of the Air National Guard, the Commander 

11 of the Air Force Reserve Command, and the Chief of Staff 

12 of the Air Force. Any such agreement shall specify each 

13 of the following: 

14 (1) The number of and type of aircraft to be 

15 transferred. 

16 (2) In the case of any aircraft transferred on a 

17 temporary basis— 

18 (A) the schedule under which the aircraft 

19 will be returned to the ownership of the reserve 

20 component; 

21 (B) a description of the condition, includ22 ing the estimated remaining service life, in 

23 which any such aircraft will be returned to the 

24 reserve component; and 

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1 bility for funding aircraft operation and mainte2 nance and a detailed description of budgetary 

3 responsibilities, for the period for which the 

4 ownership of the aircraft is transferred to the 

5 regular component. 

6 (3) The designation of responsibility for fund7 ing depot maintenance requirements or modifications 

8 to the aircraft generated as a result of the transfer, 

9 including any such requirements and modifications 

10 required during the period for which the ownership 

11 of the aircraft is transferred to the regular compo12 nent. 

13 (4) Any location from which the aircraft will be 

14 transferred. 

15 (5) The effects on manpower that such a trans16 fer may have at any facility identified under para17 graph (4). 

18 (6) The effects on the skills and proficiencies of 

19 the reserve component personnel affected by the 

20 transfer. 

21 (7) Any other items the Director of the Air Na22 tional Guard or the Commander of the Air Force 

23 Reserve Command determines are necessary in order 

24 to execute such a transfer. 


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1 (b) SUBMITTAL OF AGREEMENTS TO CONGRESS.— 

2 The Secretary of the Air Force may not take any action 

3 to transfer the ownership of an aircraft as described in 

4 subsection (a) until the Secretary submits to the congres5 sional defense committees an agreement entered into pur6 suant to such subsection regarding the transfer of owner7 ship of the aircraft. 

8 SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNI9 TION IN EXCESS OF MILITARY REQUIRE10 MENTS. 

11 (a) COMMERCIAL SALE OF SMALL ARMS AMMUNI12 TION.—Small arms ammunition and ammunition compo13 nents in excess of military requirements, including fired 

14 cartridge cases, which are not otherwise prohibited from 

15 commercial sale or certified by the Secretary of Defense 

16 as unserviceable or unsafe, may not be demilitarized or 

17 destroyed and shall be made available for commercial sale. 

18 (b) DEADLINE FOR GUIDANCE.—Not later than 90 

19 days after the date of the enactment of this Act, the Sec20 retary of Defense shall issue guidance to ensure compli21 ance with subsection (a). Not later than 15 days after 

22 issuing such guidance, the Secretary shall submit to the 

23 congressional defense committees a letter of compliance 

24 providing notice of such guidance. 


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1 (c) PREFERENCE.—No small arms ammunition and 

2 ammunition components in excess of military require3 ments may be made available for commercial sale under 

4 this section before such ammunition and ammunition com5 ponents are offered for transfer or purchase, as authorized 

6 by law, to another Federal department or agency or for 

7 sale to State and local law enforcement, firefighting, 

8 homeland security, and emergency management agencies 

9 pursuant to section 2576 of title 10, United States Code, 

10 as amended by this Act. 

11 Subtitle F—Other Matters 

12 SEC. 351. EXPEDITED PROCESSING OF BACKGROUND IN13 VESTIGATIONS FOR CERTAIN INDIVIDUALS. 

14 (a) EXPEDITED PROCESSING OF SECURITY CLEAR15 ANCES.—Section 1564 of title 10, United States Code, is 

16 amended— 

17 (1) by striking subsection (a) and inserting the 

18 following new subsection (a): 

19 ‘‘(a) EXPEDITED PROCESS.—The Secretary of De20 fense may prescribe a process for expediting the comple21 tion of the background investigations necessary for grant22 ing security clearances for— 

23 ‘‘(1) Department of Defense personnel and De24 partment of Defense contractor personnel who are 


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1 engaged in sensitive duties that are critical to the 

2 national security; and 

3 ‘‘(2) any individual who— 

4 ‘‘(A) submits an application for a position 

5 as an employee of the Department of Defense 

6 for which— 

7 ‘‘(i) the individual is qualified; and 

8 ‘‘(ii) a security clearance is required; 

9 and 

10 ‘‘(B) is— 

11 ‘‘(i) a member of the armed forces 

12 who was retired or separated, or is ex13 pected to be retired or separated, for phys14 ical disability pursuant to chapter 61 of 

15 this title; 

16 ‘‘(ii) the spouse of a member of the 

17 armed forces who retires or is separated, 

18 after the date of the enactment of the Ike 

19 Skelton National Defense Authorization 

20 Act for Fiscal Year 2011, for a physical 

21 disability as a result of a wound, injuries 

22 or illness incurred or aggravated in the line 

23 of duty (as determined by the Secretary 

24 concerned); or 


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1 ‘‘(iii) the spouse of a member of the 

2 armed forces who dies, after the date of 

3 the enactment of the Ike Skelton National 

4 Defense Authorization Act for Fiscal Year 

5 2011, as a result of a wound, injury, or ill6 ness incurred or aggravated in the line of 

7 duty (as determined by the Secretary con8 cerned).’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(f) USE OF APPROPRIATED FUNDS.—The Secretary 

12 of Defense may use funds authorized to be appropriated 

13 to the Department of Defense for operation and mainte14 nance to conduct background investigations under this 

15 section for individuals described in subsection (a)(2).’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall apply with respect to a background 

18 investigation conducted after the date of the enactment 

19 of this Act. 


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1 SEC. 352. REVISION TO AUTHORITIES RELATING TO TRANS2 PORTATION OF CIVILIAN PASSENGERS AND 

3 COMMERCIAL CARGOES BY DEPARTMENT OF 

4 DEFENSE WHEN SPACE UNAVAILABLE ON 

5 COMMERCIAL LINES. 

6 (a) TRANSPORTATION ON DOD VEHICLES AND AIR7 CRAFT.—Subsection (a) of section 2649 of title 10, United 

8 States Code, is amended— 

9 (1) by inserting ‘‘AUTHORITY.—’’ before 

10 ‘‘Whenever’’; and 

11 (2) by inserting ‘‘, vehicles, or aircraft’’ in the 

12 first sentence after ‘‘vessels’’ both places it appears. 

13 (b) AMOUNTS CHARGED FOR TRANSPORTATION IN

14 EMERGENCY, DISASTER, OR HUMANITARIAN RESPONSE

15 CASES.— 

16 (1) LIMITATION ON AMOUNTS CHARGED.—The 

17 second sentence of subsection (a) of such section is 

18 amended by inserting before the period the fol19 lowing: ‘‘, except that in the case of transportation 

20 provided in response to an emergency, a disaster, or 

21 a request for humanitarian assistance, any amount 

22 charged for such transportation may not exceed the 

23 cost of providing the transportation’’. 

24 (2) CREDITING OF RECEIPTS.—Subsection (b) 

25 of such section is amended by striking ‘‘Amounts’’ 

26 and inserting ‘‘CREDITING OF RECEIPTS.—Any 


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1 amount received under this section with respect to 

2 transportation provided in response to an emer3 gency, a disaster, or a request for humanitarian as4 sistance may be credited to the appropriation, fund, 

5 or account used in incurring the obligation for which 

6 such amount is received. In all other cases, 

7 amounts’’. 

8 (c) TRANSPORTATION DURING CONTINGENCIES OR

9 DISASTER RESPONSES.—Such section is further amended 

10 by adding at the end the following new subsection: 

11 ‘‘(c) TRANSPORTATION OF ALLIED PERSONNEL

12 DURING CONTINGENCIES OR DISASTER RESPONSES.— 

13 During the 5-year period beginning on the date of the en14 actment of the Ike Skelton National Defense Authoriza15 tion Act for Fiscal Year 2011, when space is available on 

16 vessels, vehicles, or aircraft operated by the Department 

17 of Defense and the Secretary of Defense determines that 

18 operations in the area of a contingency operation or dis19 aster response would be facilitated if allied forces or civil20 ians were to be transported using such vessels, vehicles, 

21 or aircraft, the Secretary may provide such transportation 

22 on a noninterference basis, without charge.’’. 

23 (d) CONFORMING AMENDMENT.—Section 2648 of 

24 such title is amended by inserting ‘‘, vehicles, or aircraft’’ 

25 after ‘‘vessels’’ in the matter preceding paragraph (1). 


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1 (e) TECHNICAL AMENDMENTS.— 

2 (1) The heading of section 2648 of such title is 

3 amended to read as follows: 

4 ‘‘§ 2648. Persons and supplies: sea, land, and air 

5 transportation’’. 

6 (2) The heading of section 2649 of such title is 

7 amended to read as follows: 

8 ‘‘§ 2649. Civilian passengers and commercial cargoes: 

9 transportation on Department of Defense 

10 vessels, vehicles, and aircraft’’. 

11 (f) CLERICAL AMENDMENTS.—The table of sections 

12 at the beginning of chapter 157 of such title is amended 

13 by striking the items relating to sections 2648 and 2649 

14 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.’’. 

15 SEC. 353. TECHNICAL CORRECTION TO OBSOLETE REF16 ERENCE RELATING TO USE OF FLEXIBLE 

17 HIRING AUTHORITY TO FACILITATE PER18 FORMANCE OF CERTAIN DEPARTMENT OF 

19 DEFENSE FUNCTIONS BY CIVILIAN EMPLOY20 EES. 

21 Section 2463(d)(1) of title 10, United States Code, 

22 is amended by striking ‘‘under the National Security Per23 sonnel System, as established’’. 


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1 SEC. 354. AUTHORITY FOR PAYMENT OF FULL REPLACE2 MENT VALUE FOR LOSS OR DAMAGE TO 

3 HOUSEHOLD GOODS IN LIMITED CASES NOT 

4 COVERED BY CARRIER LIABILITY. 

5 (a) CLAIMS AUTHORITY.— 

6 (1) IN GENERAL.—Chapter 163 of title 10, 

7 United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 2740. Property loss: reimbursement of members 

10 and civilian employees for full replace11 ment value of household effects when 

12 contractor reimbursement not available 

13 ‘‘The Secretary of Defense and the Secretaries of the 

14 military departments, in paying a claim under section 

15 3721 of title 31 arising from loss or damage to household 

16 goods stored or transported at the expense of the Depart17 ment of Defense, may pay the claim on the basis of full 

18 replacement value in any of the following cases in which 

19 reimbursement for the full replacement value for the loss 

20 or damage is not available directly from a carrier under 

21 section 2636a of this title: 

22 ‘‘(1) A case in which— 

23 ‘‘(A) the lost or damaged goods were 

24 stored or transported under a contract, tender, 

25 or solicitation in accordance with section 2636a 

26 of this title that requires the transportation 


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1 service provider to settle claims on the basis of 

2 full replacement value; and 

3 ‘‘(B) the loss or damage occurred under 

4 circumstances that exclude the transportation 

5 service provider from liability. 

6 ‘‘(2) A case in which— 

7 ‘‘(A) the loss or damage occurred while the 

8 lost or damaged goods were in the possession of 

9 an ocean carrier that was transporting, loading, 

10 or unloading the goods under a Department of 

11 Defense contract for ocean carriage; and 

12 ‘‘(B) the land-based portions of the trans13 portation were under contracts, in accordance 

14 with section 2636a of this title, that require the 

15 land carriers to settle claims on the basis of full 

16 replacement value. 

17 ‘‘(3) A case in which— 

18 ‘‘(A) the lost or damaged goods were 

19 transported or stored under a contract or solici20 tation that requires at least one of the trans21 portation service providers or carriers that han22 dled the shipment to settle claims on the basis 

23 of full replacement value pursuant to section 

24 2636a of this title; 


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1 ‘‘(B) the lost or damaged goods have been 

2 in the custody of more than one independent 

3 contractor or transportation service provider; 

4 and 

5 ‘‘(C) a claim submitted to the delivering 

6 transportation service provider or carrier is de7 nied in whole or in part because the loss or 

8 damage occurred while the lost or damaged 

9 goods were in the custody of a prior transpor10 tation service provider or carrier or government 

11 entity.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 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.’’. 

15 (b) EFFECTIVE DATE.—Section 2740 of title 10, 

16 United States Code, as added by subsection (a), shall 

17 apply with respect to losses incurred after the date of the 

18 enactment of this Act. 

19 SEC. 355. RECOVERY OF IMPROPERLY DISPOSED OF DE20 PARTMENT OF DEFENSE PROPERTY. 

21 (a) IN GENERAL.—Chapter 165 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 


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1 ‘‘§ 2790. Recovery of improperly disposed of Depart2 ment of Defense property 

3 ‘‘(a) PROHIBITION.—No member of the armed forces, 

4 civilian employee of the United States Government, con5 tractor personnel, or other person may sell, lend, pledge, 

6 barter, or give any clothing, arms, articles, equipment, or 

7 other military or Department of Defense property except 

8 in accordance with the statutes and regulations governing 

9 Government property. 

10 ‘‘(b) TRANSFER OF TITLE OR INTEREST INEFFEC11 TIVE.—If property has been disposed of in violation of 

12 subsection (a), the person holding the property has no 

13 right or title to, or interest in, the property. 

14 ‘‘(c) AUTHORITY FOR SEIZURE OF IMPROPERLY DIS15 POSED OF PROPERTY.—If any person is in the possession 

16 of military or Department of Defense property without 

17 right or title to, or interest in, the property because it has 

18 been disposed of in material violation of subsection (a), 

19 any Federal, State, or local law enforcement official may 

20 seize the property wherever found. Unless an exception to 

21 the warrant requirement under the fourth amendment to 

22 the Constitution applies, seizure may be made only— 

23 ‘‘(1) pursuant to— 

24 ‘‘(A) a warrant issued by the district court 

25 of the United States for the district in which 

26 the property is located, or for the district in 


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1 which the person in possession of the property 

2 resides or is subject to service; or 

3 ‘‘(B) pursuant to an order by such court, 

4 issued after a determination of improper trans5 fer under subsection (e); and 

6 ‘‘(2) after such a court has issued such a war7 rant or order. 

8 ‘‘(d) INAPPLICABILITY TO CERTAIN PROPERTY.— 

9 Subsections (b) and (c) shall not apply to— 

10 ‘‘(1) property on public display by public or pri11 vate collectors or museums in secured exhibits; or 

12 ‘‘(2) property in the collection of any museum 

13 or veterans organization or held in a private collec14 tion for the purpose of public display, provided that 

15 any such property, the possession of which could un16 dermine national security or create a hazard to pub17 lic health or safety, has been fully demilitarized. 

18 ‘‘(e) DETERMINATIONS OF VIOLATIONS.—(1) The 

19 district court of the United States for the district in which 

20 the property is located, or the district in which the person 

21 in possession of the property resides or is subject to serv22 ice, shall have jurisdiction, regardless of the current ap23 proximated or estimated value of the property, to deter24 mine whether property was disposed of in violation of subVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 section (a). Any such determination shall be by a prepon2 derance of the evidence. 

3 ‘‘(2) Except as provided in paragraph (3), in the case 

4 of property, the possession of which could undermine na5 tional security or create a hazard to public health or safe6 ty, the determination under paragraph (1) may be made 

7 after the seizure of the property, as long as the United 

8 States files an action seeking such determination within 

9 90 days after seizure of the property. If the person from 

10 whom the property is seized is found to have been lawfully 

11 in possession of the property and the return of the prop12 erty could undermine national security or create a hazard 

13 to public health or safety, the Secretary of Defense shall 

14 reimburse the person for the market value for the prop15 erty. 

16 ‘‘(3) Paragraph (2) shall not apply to any firearm, 

17 ammunition, or ammunition component, or firearm part 

18 or accessory that is not prohibited for commercial sale. 

19 ‘‘(f) DELIVERY OF SEIZED PROPERTY.—Any law en20 forcement official who seizes property under subsection (c) 

21 and is not authorized to retain it for the United States 

22 shall deliver the property to an authorized member of the 

23 armed forces or other authorized official of the Depart24 ment of Defense or the Department of Justice. 


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1 ‘‘(g) SCOPE OF ENFORCEMENT.—This section shall 

2 apply to the following: 

3 ‘‘(1) Any military or Department of Defense 

4 property disposed of on or after the date of the en5 actment of the Ike Skelton National Defense Au6 thorization Act for Fiscal Year 2011 in a manner 

7 that is not in accordance with statutes and regula8 tions governing Government property in effect at the 

9 time of the disposal of such property. 

10 ‘‘(2) Any significant military equipment dis11 posed of on or after January 1, 2002, in a manner 

12 that is not in accordance with statutes and regula13 tions governing Government property in effect at the 

14 time of the disposal of such significant military 

15 equipment. 

16 ‘‘(h) RULE OF CONSTRUCTION.—The authority of 

17 this section is in addition to any other authority of the 

18 United States with respect to property to which the United 

19 States may have right or title. 

20 ‘‘(i) DEFINITIONS.—In this section: 

21 ‘‘(1) The term ‘significant military equipment’ 

22 means defense articles on the United States Muni23 tions List for which special export controls are war24 ranted because of their capacity for substantial mili25 tary utility or capability. 


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1 ‘‘(2) The term ‘museum’ has the meaning given 

2 that term in section 273(1) of the Museum Services 

3 Act (20 U.S.C. 9172(1)). 

4 ‘‘(3) The term ‘fully demilitarized’ means, with 

5 respect to equipment or material, the destruction of 

6 the military offensive or defensive advantages inher7 ent in the equipment or material, including, at a 

8 minimum, the destruction or disabling of key points 

9 of such equipment or material, such as the fuselage, 

10 tail assembly, wing spar, armor, radar and radomes, 

11 armament and armament provisions, operating sys12 tems and software, and classified items. 

13 ‘‘(4) The term ‘veterans organization’ means 

14 any organization recognized by the Secretary of Vet15 erans Affairs for the representation of veterans 

16 under section 5902 of title 38.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 165 of such title is amended 

19 by inserting after the item relating to section 2789 the 

20 following new item: 

‘‘2790. Recovery of improperly disposed of Department of Defense property.’’. 

21 SEC. 356. OPERATIONAL READINESS MODELS. 

22 (a) REVIEW OF MODELS.—Not later than September 

23 30, 2011, the Director of the Congressional Budget Office 

24 shall conduct a study to identify, compare, and contrast 

25 the budget preparation tools and models used by each of 


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1 the military departments to determine funding levels for 

2 operational readiness requirements during the program3 ming, planning, budgeting, and execution process and re4 port the findings to the congressional defense committees. 

5 In carrying out such study, the Director shall— 

6 (1) assess whether any additional or alternative 

7 verified and validated operational readiness model 

8 used by any military department for budgeting for 

9 flying or ground equipment hours, steaming days, 

10 equipment operations, equipment maintenance, and 

11 depot maintenance should be incorporated into the 

12 budget process of that military department; and 

13 (2) identify any shortcomings or deficiencies in 

14 the approach of each military department in building 

15 the operational readiness budget for that depart16 ment. 

17 (b) CONGRESSIONAL BRIEFING.—Not later than 

18 April 1, 2012, in conjunction with the submission by the 

19 Secretary of Defense of the budget justification documents 

20 for fiscal year 2013, the Secretaries of each of the military 

21 departments, or designated representatives thereof, shall 

22 brief the congressional defense committees on their respec23 tive responses to the study conducted by the Director of 

24 the Congressional Budget Office. Each such briefing shall 

25 include— 


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1 (1) a description of how the military depart2 ment concerned plans to address any deficiencies in 

3 the development of the operational readiness budget 

4 of such department identified in the study; and 

5 (2) a description of how the modeling tools 

6 identified in the study could be used by the military 

7 department to improve the development of the oper8 ational readiness budget for the department. 

9 SEC. 357. SENSE OF CONGRESS REGARDING CONTINUED 

10 IMPORTANCE OF HIGH-ALTITUDE AVIATION 

11 TRAINING SITE, COLORADO. 

12 (a) FINDINGS.—Congress makes the following find13 ings: 

14 (1) The High-Altitude Aviation Training Site in 

15 Gypsum, Colorado, is the only Department of De16 fense aviation school that provides an opportunity 

17 for rotor-wing military pilots to train in high-alti18 tude, mountainous terrain, under full gross weight 

19 and power management operations. 

20 (2) The High-Altitude Aviation Training Site is 

21 operated by the Colorado Army National Guard and 

22 is available to pilots of all branches of the Armed 

23 Forces and to pilots of allied countries. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


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1 (1) the High-Altitude Army Aviation Training 

2 Site continues to be critically important to ensuring 

3 the readiness and capabilities of rotor-wing military 

4 pilots; and 

5 (2) the Department of Defense should take all 

6 appropriate actions to prevent encroachment on the 

7 High-Altitude Army Aviation Training Site. 

8 SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF 

9 OBSTRUCTIONS ON MILITARY INSTALLA10 TIONS AND OPERATIONS. 

11 (a) OBJECTIVE.—It shall be an objective of the De12 partment of Defense to ensure that the robust develop13 ment of renewable energy sources and the increased resil14 iency of the commercial electrical grid may move forward 

15 in the United States, while minimizing or mitigating any 

16 adverse impacts on military operations and readiness. 

17 (b) DESIGNATION OF SENIOR OFFICIAL AND LEAD

18 ORGANIZATION.— 

19 (1) DESIGNATION.—Not later than 30 days 

20 after the date of the enactment of this Act, the Sec21 retary of Defense shall designate a senior official of 

22 the Department of Defense, and a lead organization 

23 of the Department of Defense, to— 

24 (A) serve as the executive agent to carry 

25 out the review required by subsection (d); 


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1 (B) serve as a clearinghouse to coordinate 

2 Department of Defense review of applications 

3 for projects filed with the Secretary of Trans4 portation pursuant to section 44718 of title 49, 

5 United States Code, and received by the De6 partment of Defense from the Secretary of 

7 Transportation; and 

8 (C) accelerate the development of planning 

9 tools necessary to determine the acceptability to 

10 the Department of Defense of proposals in11 cluded in an application for a project submitted 

12 pursuant to such section. 

13 (2) RESOURCES.—The Secretary shall ensure 

14 that the senior official and lead organization des15 ignated under paragraph (1) are assigned such per16 sonnel and resources as the Secretary considers ap17 propriate to carry out this section. 

18 (c) INITIAL ACTIONS.—Not later than 180 days after 

19 the date of the enactment of this Act, the Secretary of 

20 Defense, acting through the senior official and lead orga21 nization designated pursuant to subsection (b), shall— 

22 (1) conduct a preliminary review of each appli23 cation for a project filed with the Secretary of 

24 Transportation pursuant to section 44718 of title 

25 49, United States Code, that may have an adverse 


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1 impact on military operations and readiness, unless 

2 such project has been granted a determination of no 

3 hazard. Such review shall, at a minimum, for each 

4 such project— 

5 (A) assess the likely scope and duration of 

6 any adverse impact of such project on military 

7 operations and readiness; and 

8 (B) identify any feasible and affordable ac9 tions that could be taken in the immediate fu10 ture by the Department, the developer of such 

11 project, or others to mitigate such adverse im12 pact and to minimize risks to national security 

13 while allowing such project to proceed with de14 velopment; 

15 (2) develop, in coordination with other depart16 ments and agencies of the Federal Government, an 

17 integrated review process to ensure timely notifica18 tion and consideration of projects filed with the Sec19 retary of Transportation pursuant to section 44718 

20 of title 49, United States Code, that may have an 

21 adverse impact on military operations and readiness; 

22 (3) establish procedures for the Department of 

23 Defense for the coordinated consideration of and re24 sponse to a request for a review received from State 

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1 ergy development or other energy project, including 

2 guidance to personnel at each military installation in 

3 the United States on how to initiate such procedures 

4 and ensure a coordinated Department response while 

5 seeking to fulfil the objective under subsection (a); 

6 and 

7 (4) develop procedures for conducting early out8 reach to parties carrying out projects filed with the 

9 Secretary of Transportation pursuant to section 

10 44718 of title 49, United States Code, that could 

11 have an adverse impact on military operations and 

12 readiness, and to the general public, to clearly com13 municate notice on actions being taken by the De14 partment of Defense under this section and to re15 ceive comments from such parties and the general 

16 public on such actions. 

17 (d) COMPREHENSIVE REVIEW.— 

18 (1) STRATEGY REQUIRED.—Not later than 270 

19 days after the date of the enactment of this Act, the 

20 Secretary of Defense, acting through the senior offi21 cial and lead organization designated pursuant to 

22 subsection (b), shall develop a comprehensive strat23 egy for addressing the military impacts of projects 

24 filed with the Secretary of Transportation pursuant 

25 to section 44718 of title 49, United States Code. 


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1 (2) ELEMENTS.—In developing the strategy re2 quired by paragraph (1), the Secretary of Defense 

3 shall— 

4 (A) assess of the magnitude of interference 

5 posed by projects filed with the Secretary of 

6 Transportation pursuant to section 44718 of 

7 title 49, United States Code; 

8 (B) identify geographic areas selected as 

9 proposed locations for projects filed, or which 

10 may be filed in the future, with the Secretary 

11 of Transportation pursuant to section 44718 of 

12 title 49, United States Code, where such 

13 projects could have an adverse impact on mili14 tary operations and readiness and categorize 

15 the risk of adverse impact in such areas as 

16 high, medium, or low for the purpose of inform17 ing early outreach efforts under subsection 

18 (c)(4) and preliminary assessments under sub19 section (e); and 

20 (C) specifically identify feasible and afford21 able long-term actions that may be taken to 

22 mitigate adverse impacts of projects filed, or 

23 which may be filed in the future, with the Sec24 retary of Transportation pursuant to section 


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1 44718 of title 49, United States Code, on mili2 tary operations and readiness, including— 

3 (i) investment priorities of the De4 partment of Defense with respect to re5 search and development; 

6 (ii) modifications to military oper7 ations to accommodate applications for 

8 such projects; 

9 (iii) recommended upgrades or modi10 fications to existing systems or procedures 

11 by the Department of Defense; 

12 (iv) acquisition of new systems by the 

13 Department and other departments and 

14 agencies of the Federal Government and 

15 timelines for fielding such new systems; 

16 and 

17 (v) modifications to the projects for 

18 which such applications are filed, including 

19 changes in size, location, or technology. 

20 (e) DEPARTMENT OF DEFENSE HAZARD ASSESS21 MENT.— 

22 (1) PRELIMINARY ASSESSMENT.—The proce23 dures established pursuant to subsection (c) shall 

24 ensure that not later than 30 days after receiving a 

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1 retary of Transportation pursuant to section 44718 

2 of title 49, United States Code, the Secretary of De3 fense shall review the project and provide a prelimi4 nary assessment of the level of risk of adverse im5 pact on military operations and readiness that would 

6 arise from the project and the extent of mitigation 

7 that may be needed to address such risk. 

8 (2) DETERMINATION OF UNACCEPTABLE

9 RISK.—The procedures established pursuant to sub10 section (c) shall ensure that the Secretary of De11 fense does not object to a project filed with the Sec12 retary of Transportation pursuant to section 44718 

13 of title 49, United States Code, except in a case in 

14 which the Secretary of Defense determines, after 

15 giving full consideration to mitigation actions identi16 fied pursuant to this section, that such project would 

17 result in an unacceptable risk to the national secu18 rity of the United States. 

19 (3) CONGRESSIONAL NOTICE REQUIREMENT.— 

20 Not later than 30 days after making a determination 

21 of unacceptable risk under paragraph (2), the Sec22 retary of Defense shall submit to the congressional 

23 defense committees a report on such determination 

24 and the basis for such determination. Such a report 

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1 pact that led to the determination, a discussion of 

2 the mitigation options considered, and an expla3 nation of why the mitigation options were not fea4 sible or did not resolve the conflict. 

5 (4) NON-DELEGATION OF DETERMINATIONS.— 

6 The responsibility for making a determination of un7 acceptable risk under paragraph (2) may only be 

8 delegated to an appropriate senior officer of the De9 partment of Defense, on the recommendation of the 

10 senior official designated pursuant to subsection (b). 

11 The following individuals are appropriate senior offi12 cers of the Department of Defense for the purposes 

13 of this paragraph: 

14 (A) The Deputy Secretary of Defense. 

15 (B) The Under Secretary of Defense for 

16 Acquisition, Technology, and Logistics. 

17 (C) The Principal Deputy Under Secretary 

18 of Defense for Acquisition, Technology, and Lo19 gistics. 

20 (f) REPORTS.— 

21 (1) REPORT TO CONGRESS.—Not later than 

22 March 15 each year from 2011 through 2015, the 

23 Secretary of Defense shall submit to the congres24 sional defense committees a report on the actions 

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1 ceding year to implement this section and the com2 prehensive strategy developed pursuant to this sec3 tion. 

4 (2) CONTENTS OF REPORT.—Each report sub5 mitted under paragraph (1) shall include— 

6 (A) the results of a review carried out by 

7 the Secretary of Defense of any projects filed 

8 with the Secretary of Transportation pursuant 

9 to section 44718 of title 49, United States 

10 Code— 

11 (i) that the Secretary of Defense has 

12 determined would result in an unacceptable 

13 risk to the national security; and 

14 (ii) for which the Secretary of Defense 

15 has recommended to the Secretary of 

16 Transportation that a hazard determina17 tion be issued; 

18 (B) an assessment of the risk associated 

19 with the loss or modifications of military train20 ing routes and a quantification of such risk; 

21 (C) an assessment of the risk associated 

22 with solar power and similar systems as to the 

23 effects of glint on military readiness; 

24 (D) an assessment of the risk associated 

25 with electromagnetic interference on military 


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1 readiness, including the effects of testing and 

2 evaluation ranges; 

3 (E) an assessment of any risks posed by 

4 the development of projects filed with the Sec5 retary of Transportation pursuant to section 

6 44718 of title 49, United States Code, to the 

7 prevention of threats and aggression directed 

8 toward the United States and its territories; 

9 and 

10 (F) a description of the distance from a 

11 military installation that the Department of De12 fense will use to prescreen applicants under sec13 tion 44718 of title 49, United States Code. 

14 (g) AUTHORITY TO ACCEPT CONTRIBUTIONS OF

15 FUNDS.—The Secretary of Defense is authorized to accept 

16 a voluntary contribution of funds from an applicant for 

17 a project filed with the Secretary of Transportation pursu18 ant to section 44718 of title 49, United States Code. 

19 Amounts so accepted shall be available for the purpose of 

20 offsetting the cost of measures undertaken by the Sec21 retary of Defense to mitigate adverse impacts of such 

22 project on military operations and readiness. 

23 (h) EFFECT OF DEPARTMENT OF DEFENSE HAZARD

24 ASSESSMENT.—An action taken pursuant to this section 

25 shall not be considered to be a substitute for any assessVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 ment or determination required of the Secretary of Trans2 portation under section 44718 of title 49, United States 

3 Code. 

4 (i) SAVINGS PROVISION.—Nothing in this section 

5 shall be construed to affect or limit the application of, or 

6 any obligation to comply with, any environmental law, in7 cluding the National Environmental Policy Act of 1969 

8 (42 U.S.C. 4321 et seq.). 

9 (j) DEFINITIONS.—In this section: 

10 (1) The term ‘‘military training route’’ means a 

11 training route developed as part of the Military 

12 Training Route Program, carried out jointly by the 

13 Federal Aviation Administration and the Secretary 

14 of Defense, for use by the Armed Forces for the 

15 purpose of conducting low-altitude, high-speed mili16 tary training. 

17 (2) The term ‘‘military installation’’ has the 

18 meaning given that term in section 2801(c)(4) of 

19 title 10, United States Code. 

20 (3) The term ‘‘military readiness’’ includes any 

21 training or operation that could be related to combat 

22 readiness, including testing and evaluation activities. 

23 TITLE IV—MILITARY 

24 PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 


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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. 

1 Subtitle A—Active Forces 

2 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

3 The Armed Forces are authorized strengths for active 

4 duty personnel as of September 30, 2011, as follows: 

5 (1) The Army, 569,400. 

6 (2) The Navy, 328,700. 

7 (3) The Marine Corps, 202,100. 

8 (4) The Air Force, 332,200. 

9 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

10 STRENGTH MINIMUM LEVELS. 

11 Section 691(b) of title 10, United States Code, is 

12 amended by striking paragraphs (1) through (4) and in13 serting the following new paragraphs: 

14 ‘‘(1) For the Army, 547,400. 

15 ‘‘(2) For the Navy, 324,300. 

16 ‘‘(3) For the Marine Corps, 202,100. 

17 ‘‘(4) For the Air Force, 332,200.’’. 


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1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for Selected Reserve personnel of the reserve 

5 components as of September 30, 2011, as follows: 

6 (1) The Army National Guard of the United 

7 States, 358,200. 

8 (2) The Army Reserve, 205,000. 

9 (3) The Navy Reserve, 65,500. 

10 (4) The Marine Corps Reserve, 39,600. 

11 (5) The Air National Guard of the United 

12 States, 106,700. 

13 (6) The Air Force Reserve, 71,200. 

14 (7) The Coast Guard Reserve, 10,000. 

15 (b) END STRENGTH REDUCTIONS.—The end 

16 strengths prescribed by subsection (a) for the Selected Re17 serve of any reserve component shall be proportionately 

18 reduced by— 

19 (1) the total authorized strength of units orga20 nized to serve as units of the Selected Reserve of 

21 such component which are on active duty (other 

22 than for training) at the end of the fiscal year; and 

23 (2) the total number of individual members not 

24 in units organized to serve as units of the Selected 

25 Reserve of such component who are on active duty 


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1 (other than for training or for unsatisfactory partici2 pation in training) without their consent at the end 

3 of the fiscal year. 

4 (c) END STRENGTH INCREASES.—Whenever units or 

5 individual members of the Selected Reserve of any reserve 

6 component are released from active duty during any fiscal 

7 year, the end strength prescribed for such fiscal year for 

8 the Selected Reserve of such reserve component shall be 

9 increased proportionately by the total authorized strengths 

10 of such units and by the total number of such individual 

11 members. 

12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

13 DUTY IN SUPPORT OF THE RESERVES. 

14 Within the end strengths prescribed in section 

15 411(a), the reserve components of the Armed Forces are 

16 authorized, as of September 30, 2011, the following num17 ber of Reserves to be serving on full-time active duty or 

18 full-time duty, in the case of members of the National 

19 Guard, for the purpose of organizing, administering, re20 cruiting, instructing, or training the reserve components: 

21 (1) The Army National Guard of the United 

22 States, 32,060. 

23 (2) The Army Reserve, 16,261. 

24 (3) The Navy Reserve, 10,688. 

25 (4) The Marine Corps Reserve, 2,261. 


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1 (5) The Air National Guard of the United 

2 States, 14,584. 

3 (6) The Air Force Reserve, 2,992. 

4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

5 (DUAL STATUS). 

6 The minimum number of military technicians (dual 

7 status) as of the last day of fiscal year 2011 for the re8 serve components of the Army and the Air Force (notwith9 standing section 129 of title 10, United States Code) shall 

10 be the following: 

11 (1) For the Army Reserve, 8,395. 

12 (2) For the Army National Guard of the United 

13 States, 27,210. 

14 (3) For the Air Force Reserve, 10,720. 

15 (4) For the Air National Guard of the United 

16 States, 22,394. 

17 SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF 

18 NON-DUAL STATUS TECHNICIANS. 

19 (a) LIMITATIONS.— 

20 (1) NATIONAL GUARD.—Within the limitation 

21 provided in section 10217(c)(2) of title 10, United 

22 States Code, the number of non-dual status techni23 cians employed by the National Guard as of Sep24 tember 30, 2011, may not exceed the following: 


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1 (A) For the Army National Guard of the 

2 United States, 1,600. 

3 (B) For the Air National Guard of the 

4 United States, 350. 

5 (2) ARMY RESERVE.—The number of non-dual 

6 status technicians employed by the Army Reserve as 

7 of September 30, 2011, may not exceed 595. 

8 (3) AIR FORCE RESERVE.—The number of non9 dual status technicians employed by the Air Force 

10 Reserve as of September 30, 2011, may not exceed 

11 90. 

12 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

13 this section, the term ‘‘non-dual status technician’’ has the 

14 meaning given that term in section 10217(a) of title 10, 

15 United States Code. 

16 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU17 THORIZED TO BE ON ACTIVE DUTY FOR 

18 OPERATIONAL SUPPORT. 

19 During fiscal year 2011, the maximum number of 

20 members of the reserve components of the Armed Forces 

21 who may be serving at any time on full-time operational 

22 support duty under section 115(b) of title 10, United 

23 States Code, is the following: 

24 (1) The Army National Guard of the United 

25 States, 17,000. 


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1 (2) The Army Reserve, 13,000. 

2 (3) The Navy Reserve, 6,200. 

3 (4) The Marine Corps Reserve, 3,000. 

4 (5) The Air National Guard of the United 

5 States, 16,000. 

6 (6) The Air Force Reserve, 14,000. 

7 Subtitle C—Authorization of 

8 Appropriations 

9 SEC. 421. MILITARY PERSONNEL. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 hereby authorized to be appropriated to the Department 

12 of Defense for military personnel for fiscal year 2011 a 

13 total of $138,540,700,000. 

14 (b) CONSTRUCTION OF AUTHORIZATION.—The au15 thorization of appropriations in subsection (a) supersedes 

16 any other authorization of appropriations (definite or in17 definite) for such purpose for fiscal year 2011. 

18 TITLE V—MILITARY PERSONNEL 

19 POLICY 

Subtitle A—Officer Personnel Policy Generally 

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

Sec. 502. Authority for appointment of warrant officers in the grade of W–1 

by commission and standardization of warrant officer appointing authority. 

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

and records of special selection boards. 

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

Sec. 505. Modification of authority for officers selected for appointment to general and flag officer grades to wear insignia of higher grade before appointment. 


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

a commissioned officer required for voluntary retirement as an 

officer. 

Subtitle B—Reserve Component Management 

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

allocation. 

Sec. 512. Assignment of Air Force Reserve military technicians (dual status) 

to positions outside Air Force Reserve unit program. 

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

military technicians. 

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

Board. 

Sec. 515. Repeal of requirement for new oath when officer transfers from active-duty list to reserve active-status list. 

Sec. 516. Leave of members of the reserve components of the Armed Forces. 

Sec. 517. Direct appointment of graduates of the United States Merchant Marine Academy into the National Guard. 

Subtitle C—Joint Qualified Officers and Requirements 

Sec. 521. Technical revisions to definition of joint matters for purposes of joint 

officer management. 

Sec. 522. Modification of promotion board procedures for joint qualified officers 

and officers with Joint Staff experience. 

Subtitle D—General Service Authorities 

Sec. 531. Extension of temporary authority to order retired members of the 

Armed Forces to active duty in high-demand, low-density assignments. 

Sec. 532. Non-chargeable rest and recuperation absence for certain members 

undergoing extended deployment to a combat zone. 

Sec. 533. Correction of military records. 

Sec. 534. Disposition of members found to be fit for duty who are not suitable 

for deployment or worldwide assignment for medical reasons. 

Sec. 535. Review of laws, policies, and regulations restricting service of female 

members of the Armed Forces. 

Subtitle E—Military Justice and Legal Matters 

Sec. 541. Continuation of warrant officers on active duty to complete disciplinary action. 

Sec. 542. Enhanced authority to punish contempt in military justice proceedings. 

Sec. 543. Improvements to Department of Defense domestic violence programs. 

Subtitle F—Member Education and Training Opportunities and 

Administration 

Sec. 551. Enhancements of Department of Defense undergraduate nurse training program. 

Sec. 552. Repayment of education loan repayment benefits. 

Sec. 553. Participation of Armed Forces Health Professions Scholarship and 

Financial Assistance Program recipients in active duty health 

profession loan repayment program. 


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Sec. 554. Active duty obligation for military academy graduates who participate 

in the Armed Forces Health Professions Scholarship and Financial Assistance program. 

Subtitle G—Defense Dependents’ Education 

Sec. 561. Enrollment of dependents of members of the Armed Forces who reside in temporary housing in Department of Defense domestic 

dependent elementary and secondary schools. 

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

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

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

Subtitle H—Decorations and Awards 

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

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

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

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

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

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

Subtitle I—Military Family Readiness Matters 

Sec. 581. Appointment of additional members of Department of Defense Military Family Readiness Council. 

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

needs. 

Sec. 583. Modification of Yellow Ribbon Reintegration Program. 

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

Sec. 585. Report on military spouse education programs. 

Sec. 586. Report on enhancing benefits available for military dependent children with special education needs. 

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

child care for members of the Armed Forces. 

Subtitle J—Other Matters 

Sec. 591. Authority for members of the Armed Forces and Department of Defense and Coast Guard civilian employees and their families to 

accept gifts from non-Federal entities. 

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

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

Force Institute of Technology. 

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

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

STARBASE Program. 

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


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1 Subtitle A—Officer Personnel 

2 Policy Generally 

3 SEC. 501. AGES FOR APPOINTMENT AND MANDATORY RE4 TIREMENT FOR HEALTH PROFESSIONS OFFI5 CERS. 

6 (a) AGE FOR ORIGINAL APPOINTMENT AS HEALTH

7 PROFESSIONS OFFICER.—Section 532(d)(2) of title 10, 

8 United States Code, is amended by striking ‘‘reserve’’. 

9 (b) MANDATORY RETIREMENT AGE FOR HEALTH

10 PROFESSIONS OFFICERS.— 

11 (1) ADDITIONAL CATEGORIES OF OFFICERS EL12 IGIBLE FOR DEFERRAL OF MANDATORY RETIRE13 MENT FOR AGE.—Paragraph (2) of section 1251(b) 

14 of such title is amended— 

15 (A) in subparagraph (B), by striking ‘‘or’’ 

16 at the end; 

17 (B) in subparagraph (C), by striking the 

18 period at the end and inserting ‘‘; or’’; and 

19 (C) by adding at the end the following new 

20 subparagraph: 

21 ‘‘(D) an officer in a category of officers des22 ignated by the Secretary of the military department 

23 concerned for the purposes of this paragraph as con24 sisting of officers whose duties consist primarily of— 

25 ‘‘(i) providing health care; 


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1 ‘‘(ii) performing other clinical care; or 

2 ‘‘(iii) performing health care-related ad3 ministrative duties.’’. 

4 (2) CONFORMING AMENDMENT.—Paragraph (1) 

5 of such section is amended by striking ‘‘the officer 

6 will be performing duties consisting primarily of pro7 viding patient care or performing other clinical du8 ties.’’ and inserting ‘‘the officer— 

9 ‘‘(A) will be performing duties consisting pri10 marily of providing patient care or performing other 

11 clinical duties; or 

12 ‘‘(B) is in a category of officers designated 

13 under subparagraph (D) of paragraph (2) whose du14 ties will consist primarily of the duties described in 

15 clause (i), (ii), or (iii) of such subparagraph.’’. 

16 SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OF17 FICERS IN THE GRADE OF W–1 BY COMMIS18 SION AND STANDARDIZATION OF WARRANT 

19 OFFICER APPOINTING AUTHORITY. 

20 (a) REGULAR OFFICERS.— 

21 (1) AUTHORITY FOR APPOINTMENTS BY COM22 MISSION IN WARRANT OFFICER W–1 GRADE.—The 

23 first sentence of section 571(b) of title 10, United 

24 States Code, is amended by striking ‘‘by the Sec25 retary concerned’’ and inserting ‘‘, except that with 


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1 respect to an armed force under the jurisdiction of 

2 the Secretary of a military department, the Sec3 retary concerned may provide by regulation that ap4 pointments in that grade in that armed force shall 

5 be made by commission’’. 

6 (2) APPOINTING AUTHORITY.—The second sen7 tence of such section is amended by inserting before 

8 the period at the end the following: ‘‘, and appoint9 ments (whether by warrant or commission) in the 

10 grade of regular warrant officer, W–1, shall be made 

11 by the President, except that appointments in that 

12 grade in the Coast Guard shall be made by the Sec13 retary concerned’’. 

14 (b) RESERVE OFFICERS.—Subsection (b) of section 

15 12241 of such title is amended to read as follows: 

16 ‘‘(b) Appointments in permanent reserve warrant of17 ficer grades shall be made in the same manner as is pre18 scribed for regular warrant officer grades by section 

19 571(b) of this title.’’. 

20 (c) PRESIDENTIAL FUNCTIONS.—Except as other21 wise provided by the President by Executive order, the 

22 provisions of Executive Order 13384 (10 U.S.C. 531 note) 

23 relating to the functions of the President under the second 

24 sentence of section 571(b) of title 10, United States Code, 

25 shall apply in the same manner to the functions of the 


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1 President under section 12241(b) of title 10, United 

2 States Code. 

3 SEC. 503. NONDISCLOSURE OF INFORMATION FROM DIS4 CUSSIONS, DELIBERATIONS, NOTES, AND 

5 RECORDS OF SPECIAL SELECTION BOARDS. 

6 (a) NONDISCLOSURE OF BOARD PROCEEDINGS.— 

7 Section 613a of title 10, United States Code, is amend8 ed— 

9 (1) by striking subsection (a) and inserting the 

10 following new subsection: 

11 ‘‘(a) PROHIBITION ON DISCLOSURE.—The pro12 ceedings of a selection board convened under section 573, 

13 611, or 628 of this title may not be disclosed to any person 

14 not a member of the board, except as authorized or re15 quired to process the report of the board. This prohibition 

16 is a statutory exemption from disclosure, as described in 

17 section 552(b)(3) of title 5.’’; 

18 (2) in subsection (b), by striking ‘‘AND

19 RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 

20 and 

21 (3) by adding at the end the following new sub22 section: 

23 ‘‘(c) APPLICABILITY.—This section applies to all se24 lection boards convened under section 573, 611, or 628 


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1 of this title, regardless of the date on which the board 

2 was convened.’’. 

3 (b) REPORTS OF BOARDS.—Section 628(c)(2) of 

4 such title is amended by striking ‘‘sections 576(d) and 

5 576(f)’’ and inserting ‘‘sections 576(d), 576(f), and 

6 613a’’. 

7 (c) RESERVE BOARDS.—Section 14104 of such title 

8 is amended— 

9 (1) by striking subsection (a) and inserting the 

10 following new subsection: 

11 ‘‘(a) PROHIBITION ON DISCLOSURE.—The pro12 ceedings of a selection board convened under section 

13 14101 or 14502 of this title may not be disclosed to any 

14 person not a member of the board, except as authorized 

15 or required to process the report of the board. This prohi16 bition is a statutory exemption from disclosure, as de17 scribed in section 552(b)(3) of title 5.’’; 

18 (2) in subsection (b), by striking ‘‘AND

19 RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 

20 and 

21 (3) by adding at the end the following new sub22 section: 

23 ‘‘(c) APPLICABILITY.—This section applies to all se24 lection boards convened under section 14101 or 14502 of 


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1 this title, regardless of the date on which the board was 

2 convened.’’. 

3 SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM 

4 PROMOTION LIST. 

5 (a) ACTIVE-DUTY LIST.—Section 629 of title 10, 

6 United States Code, is amended— 

7 (1) by redesignating subsection (d) as sub8 section (e); and 

9 (2) by inserting after subsection (c) the fol10 lowing new subsection (d): 

11 ‘‘(d) ADMINISTRATIVE REMOVAL.—Under regula12 tions prescribed by the Secretary concerned, if an officer 

13 on the active-duty list is discharged or dropped from the 

14 rolls or transferred to a retired status after having been 

15 recommended for promotion to a higher grade under this 

16 chapter, but before being promoted, the officer’s name 

17 shall be administratively removed from the list of officers 

18 recommended for promotion by a selection board.’’. 

19 (b) RESERVE ACTIVE-STATUS LIST.—Section 14310 

20 of such title is amended— 

21 (1) by redesignating subsection (d) as sub22 section (e); and 

23 (2) by inserting after subsection (c) the fol24 lowing new subsection (d): 


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1 ‘‘(d) ADMINISTRATIVE REMOVAL.—Under regula2 tions prescribed by the Secretary concerned, if an officer 

3 on the reserve active-status list is discharged or dropped 

4 from the rolls or transferred to a retired status after hav5 ing been recommended for promotion to a higher grade 

6 under this chapter or having been found qualified for Fed7 eral recognition in the higher grade under title 32, but 

8 before being promoted, the officer’s name shall be admin9 istratively removed from the list of officers recommended 

10 for promotion by a selection board.’’. 

11 SEC. 505. MODIFICATION OF AUTHORITY FOR OFFICERS SE12 LECTED FOR APPOINTMENT TO GENERAL 

13 AND FLAG OFFICER GRADES TO WEAR INSIG14 NIA OF HIGHER GRADE BEFORE APPOINT15 MENT. 

16 (a) LIMITED AUTHORITY FOR OFFICERS SELECTED

17 FOR APPOINTMENT TO GRADES ABOVE MAJOR GENERAL

18 AND REAR ADMIRAL.— 

19 (1) IN GENERAL.—Chapter 45 of title 10, 

20 United States Code, is amended by adding at the 

21 end the following new section: 


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1 ‘‘§ 777a. Wearing of insignia of higher grade before 

2 appointment to a grade above major gen3 eral or rear admiral (frocking): authority; 

4 restrictions 

5 ‘‘(a) AUTHORITY.—An officer serving in a grade 

6 below the grade of lieutenant general or, in the case of 

7 the Navy, vice admiral, who has been selected for appoint8 ment to the grade of lieutenant general or general, or, in 

9 the case of the Navy, vice admiral or admiral, and an offi10 cer serving in the grade of lieutenant general or vice admi11 ral who has been selected for appointment to the grade 

12 of general or admiral, may be authorized, under regula13 tions and policies of the Department of Defense and sub14 ject to subsection (b), to wear the insignia for that higher 

15 grade for a period of up to 14 days before assuming the 

16 duties of a position for which the higher grade is author17 ized. An officer who is so authorized to wear the insignia 

18 of a higher grade is said to be ‘frocked’ to that grade. 

19 ‘‘(b) RESTRICTIONS.—An officer may not be author20 ized to wear the insignia for a grade as described in sub21 section (a) unless— 

22 ‘‘(1) the Senate has given its advice and con23 sent to the appointment of the officer to that grade; 

24 ‘‘(2) the officer has received orders to serve in 

25 a position outside the military department of that 

26 officer for which that grade is authorized; 


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1 ‘‘(3) the Secretary of Defense (or a civilian offi2 cer within the Office of the Secretary of Defense 

3 whose appointment was made with the advice and 

4 consent of the Senate and to whom the Secretary 

5 delegates such approval authority) has given ap6 proval for the officer to wear the insignia for that 

7 grade before assuming the duties of a position for 

8 which that grade is authorized; and 

9 ‘‘(4) the Secretary of Defense has submitted to 

10 Congress a written notification of the intent to au11 thorize the officer to wear the insignia for that 

12 grade. 

13 ‘‘(c) BENEFITS NOT TO BE CONSTRUED AS ACCRU14 ING.—(1) Authority provided to an officer as described in 

15 subsection (a) to wear the insignia of a higher grade may 

16 not be construed as conferring authority for that officer 

17 to— 

18 ‘‘(A) be paid the rate of pay provided for an of19 ficer in that grade having the same number of years 

20 of service as that officer; or 

21 ‘‘(B) assume any legal authority associated with 

22 that grade. 

23 ‘‘(2) The period for which an officer wears the insig24 nia of a higher grade under such authority may not be 

25 taken into account for any of the following purposes: 


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1 ‘‘(A) Seniority in that grade. 

2 ‘‘(B) Time of service in that grade. 

3 ‘‘(d) LIMITATION ON NUMBER OF OFFICERS

4 FROCKED.—The total number of officers who are author5 ized to wear the insignia for a higher grade under this 

6 section shall count against the limitation in section 777(d) 

7 of this title on the total number of officers authorized to 

8 wear the insignia of a higher grade.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 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.’’. 

12 (b) REPEAL OF WAITING PERIOD FOLLOWING CON13 GRESSIONAL NOTIFICATION FOR OFFICERS SELECTED

14 FOR APPOINTMENT TO GENERAL AND FLAG OFFICER

15 GRADES BELOW LIEUTENANT GENERAL AND VICE ADMI16 RAL.—Section 777(b)(3)(B) of such title is amended by 

17 striking ‘‘and a period of 30 days has elapsed after the 

18 date of the notification’’. 

19 SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM 

20 LENGTH OF ACTIVE SERVICE AS A COMMIS21 SIONED OFFICER REQUIRED FOR VOL22 UNTARY RETIREMENT AS AN OFFICER. 

23 (a) ARMY.—Section 3911(b)(2) of title 10, United 

24 States Code, is amended by striking ‘‘January 6, 2006, 


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1 and ending on December 31, 2008’’ and inserting ‘‘the 

2 date of the enactment of the Ike Skelton National Defense 

3 Authorization Act for Fiscal Year 2011 and ending on 

4 September 30, 2013’’. 

5 (b) NAVY AND MARINE CORPS.—Section 

6 6323(a)(2)(B) of such title is amended by striking ‘‘Janu7 ary 6, 2006, and ending on December 31, 2008’’ and in8 serting ‘‘the date of the enactment of the Ike Skelton Na9 tional Defense Authorization Act for Fiscal Year 2011 and 

10 ending on September 30, 2013’’. 

11 (c) AIR FORCE.—Section 8911(b)(2) of such title is 

12 amended by striking ‘‘January 6, 2006, and ending on De13 cember 31, 2008’’ and inserting ‘‘the date of the enact14 ment of the Ike Skelton National Defense Authorization 

15 Act for Fiscal Year 2011 and ending on September 30, 

16 2013’’. 

17 Subtitle B—Reserve Component 

18 Management 

19 SEC. 511. REMOVAL OF STATUTORY DISTRIBUTION LIMITS 

20 ON NAVY RESERVE FLAG OFFICER ALLOCA21 TION. 

22 Section 12004(c) of title 10, United States Code, is 

23 amended— 

24 (1) by striking paragraphs (2), (3), and (5); 

25 and 


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1 (2) by redesignating paragraph (4) as para2 graph (2). 

3 SEC. 512. ASSIGNMENT OF AIR FORCE RESERVE MILITARY 

4 TECHNICIANS (DUAL STATUS) TO POSITIONS 

5 OUTSIDE AIR FORCE RESERVE UNIT PRO6 GRAM. 

7 Section 10216(d) of title 10, United States Code, is 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(3) Paragraph (1) does not apply to a military tech11 nician (dual status) who is employed by the Air Force Re12 serve in an area other than the Air Force Reserve unit 

13 program, except that not more than 50 of such technicians 

14 may be assigned outside of the unit program at the same 

15 time.’’. 

16 SEC. 513. TEMPORARY AUTHORITY FOR TEMPORARY EM17 PLOYMENT OF NON-DUAL STATUS MILITARY 

18 TECHNICIANS. 

19 (a) EXCEPTION FOR TEMPORARY EMPLOYMENT.— 

20 Section 10217 of title 10, United States Code, is amend21 ed— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘or’’ at the end of para24 graph (1); 


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1 (B) by striking the period at the end of 

2 paragraph (2) and inserting ‘‘; or’’; and 

3 (C) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) is hired as a temporary employee pursuant 

6 to the exception for temporary employment provided 

7 by subsection (d) and subject to the terms and con8 ditions of such subsection.’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(d) EXCEPTION FOR TEMPORARY EMPLOYMENT.— 

12 (1) Notwithstanding section 10218 of this title, the Sec13 retary of the Army or the Secretary of the Air Force may 

14 employ, for a period not to exceed two years, a person 

15 to fill a vacancy created by the mobilization of a military 

16 technician (dual status) occupying a position under section 

17 10216 of this title. 

18 ‘‘(2) The duration of the temporary employment of 

19 a person in a military technician position under this sub20 section may not exceed the shorter of the following: 

21 ‘‘(A) The period of mobilization of the military 

22 technician (dual status) whose vacancy is being filled 

23 by the temporary employee. 

24 ‘‘(B) Two years. 


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1 ‘‘(3) No person may be hired under the authority of 

2 this subsection after the end of the 2-year period begin3 ning on the date of the enactment of this subsection.’’. 

4 (b) EXCEPTION FROM PERMANENT LIMITATION ON

5 NUMBER OF NON-DUAL STATUS TECHNICIANS.—Sub6 section (c) of such section is amended by adding at the 

7 end the following new paragraph: 

8 ‘‘(3) An individual employed as a non-dual status 

9 technician as described in subsection (a)(3) shall not be 

10 consider a non-dual status technician for purposes of para11 graphs (1) and (2).’’. 

12 SEC. 514. REVISION OF STRUCTURE AND FUNCTIONS OF 

13 THE RESERVE FORCES POLICY BOARD. 

14 (a) REVISION OF STRUCTURE.— 

15 (1) IN GENERAL.—Section 10301 of title 10, 

16 United States Code, is amended to read as follows: 

17 ‘‘§ 10301. Reserve Forces Policy Board 

18 ‘‘(a) IN GENERAL.—As provided in section 175 of 

19 this title, there is in the Office of the Secretary of Defense 

20 a board known as the ‘Reserve Forces Policy Board’ (in 

21 this section referred to as the ‘Board’). 

22 ‘‘(b) FUNCTIONS.—The Board shall serve as an inde23 pendent adviser to the Secretary of Defense to provide ad24 vice and recommendations to the Secretary on strategies, 

25 policies, and practices designed to improve and enhance 


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1 the capabilities, efficiency, and effectiveness of the reserve 

2 components. 

3 ‘‘(c) MEMBERSHIP.—The Board consists of 20 mem4 bers, appointed or designated as follows: 

5 ‘‘(1) A civilian appointed by the Secretary of 

6 Defense from among persons determined by the Sec7 retary to have the knowledge of, and experience in, 

8 policy matters relevant to national security and re9 serve component matters necessary to carry out the 

10 duties of chair of the Board, who shall serve as chair 

11 of the Board. 

12 ‘‘(2) Two active or retired reserve officers or 

13 enlisted members designated by the Secretary of De14 fense upon the recommendation of the Secretary of 

15 the Army— 

16 ‘‘(A) one of whom shall be a member of 

17 the Army National Guard of the United States 

18 or a former member of the Army National 

19 Guard of the United States in the Retired Re20 serve; and 

21 ‘‘(B) one of whom shall be a member or re22 tired member of the Army Reserve. 

23 ‘‘(3) Two active or retired reserve officers or 

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1 fense upon the recommendation of the Secretary of 

2 the Navy— 

3 ‘‘(A) one of whom shall be an active or re4 tired officer of the Navy Reserve; and 

5 ‘‘(B) one of whom shall be an active or re6 tired officer of the Marine Corps Reserve. 

7 ‘‘(4) Two active or retired reserve officers or 

8 enlisted members designated by the Secretary of De9 fense upon the recommendation of the Secretary of 

10 the Air Force— 

11 ‘‘(A) one of whom shall be a member of 

12 the Air National Guard of the United States or 

13 a former member of the Air National Guard of 

14 the United States in the Retired Reserve; and 

15 ‘‘(B) one of whom shall be a member or re16 tired member of the Air Force Reserve. 

17 ‘‘(5) One active or retired reserve officer or en18 listed member of the Coast Guard designated by the 

19 Secretary of Homeland Security. 

20 ‘‘(6) Ten persons appointed or designated by 

21 the Secretary of Defense, each of whom shall be a 

22 United States citizen having significant knowledge of 

23 and experience in policy matters relevant to national 

24 security and reserve component matters and shall be 

25 one of the following: 


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1 ‘‘(A) An individual not employed in any 

2 Federal or State department or agency. 

3 ‘‘(B) An individual employed by a Federal 

4 or State department or agency. 

5 ‘‘(C) An officer of a regular component of 

6 the armed forces on active duty, or an officer 

7 of a reserve component of the armed forces in 

8 an active status, who— 

9 ‘‘(i) is serving or has served in a sen10 ior position on the Joint Staff, the head11 quarters staff of a combatant command, or 

12 the headquarters staff of an armed force; 

13 and 

14 ‘‘(ii) has experience in joint profes15 sional military education, joint qualifica16 tion, and joint operations matters. 

17 ‘‘(7) A reserve officer of the Army, Navy, Air 

18 Force, or Marine Corps who is a general or flag offi19 cer recommended by the chair and designated by the 

20 Secretary of Defense, who shall serve without vote— 

21 ‘‘(A) as military adviser to the chair; 

22 ‘‘(B) as military executive officer of the 

23 Board; and 

24 ‘‘(C) as supervisor of the operations and 

25 staff of the Board. 


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1 ‘‘(8) A senior enlisted member of a reserve com2 ponent recommended by the chair and designated by 

3 the Secretary of Defense, who shall serve without 

4 vote as enlisted military adviser to the chair. 

5 ‘‘(d) MATTERS TO BE ACTED ON.—The Board may 

6 act on those matters referred to it by the chair and on 

7 any matter raised by a member of the Board or the Sec8 retary of Defense. 

9 ‘‘(e) STAFF.—The Board shall be supported by a 

10 staff consisting of one full-time officer from each of the 

11 reserve components listed in paragraphs (1) through (6) 

12 of section 10101 of this title who holds the grade of colonel 

13 (or in the case of the Navy, the grade of captain) or who 

14 has been selected for promotion to that grade. These offi15 cers shall also serve as liaisons between their respective 

16 components and the Board. They shall perform their staff 

17 and liaison duties under the supervision of the military 

18 executive officer of the Board in an independent manner 

19 reflecting the independent nature of the Board. 

20 ‘‘(f) RELATIONSHIP TO SERVICE RESERVE POLICY

21 COMMITTEES AND BOARDS.—This section does not affect 

22 the committees and boards prescribed within the military 

23 departments by sections 10302 through 10305 of this 

24 title, and a member of such a committee or board may, 

25 if otherwise eligible, be a member of the Board.’’. 


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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall take effect on July 1, 2011. 

3 (b) REVISION TO ANNUAL REPORT REQUIREMENT.— 

4 Section 113(c)(2) of title 10, United States Code, is 

5 amended by striking ‘‘the reserve programs of the Depart6 ment of Defense and on any other matters’’ and inserting 

7 ‘‘on any reserve component matter’’. 

8 SEC. 515. REPEAL OF REQUIREMENT FOR NEW OATH WHEN 

9 OFFICER TRANSFERS FROM ACTIVE-DUTY 

10 LIST TO RESERVE ACTIVE-STATUS LIST. 

11 Section 12201(a)(2) of title 10, United States Code, 

12 is amended by striking ‘‘An officer transferred from the 

13 active-duty list of an armed force to a reserve active-status 

14 list of an armed force under section 647 of this title’’ and 

15 inserting ‘‘If an officer is transferred from the active-duty 

16 list of an armed force to a reserve active-status list of an 

17 armed force in accordance with regulations prescribed by 

18 the Secretary of Defense, the officer’’. 

19 SEC. 516. LEAVE OF MEMBERS OF THE RESERVE COMPO20 NENTS OF THE ARMED FORCES. 

21 (a) CARRYOVER OF ACCUMULATED LEAVE TO SUC22 CEEDING PERIOD OF ACTIVE SERVICE.—Section 701 of 

23 title 10, United States Code, is amended by adding at the 

24 end the following new subsection: 


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1 ‘‘(k) A member of a reserve component who accumu2 lates leave during a period of active service may carry over 

3 any leave so accumulated to the member’s next period of 

4 active service, subject to the accumulation limits in sub5 sections (b), (d), and (f), without regard to separation or 

6 release from active service if the separation or release is 

7 under honorable conditions. The taking of leave carried 

8 over under this subsection shall be subject to the provi9 sions of this section.’’. 

10 (b) PAYMENT FOR UNUSED ACCRUED LEAVE.—Sec11 tion 501(a) of title 37, United States Code, is amended— 

12 (1) in paragraph (2), by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (3), by striking the period at 

15 the end and inserting a semicolon; and 

16 (3) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(4) in the case of an officer or an enlisted 

19 member of a reserve component who is not serving 

20 on active duty, separation or release from the re21 serve component under honorable conditions, or 

22 death; and 

23 ‘‘(5) in the case of an enlisted member of a re24 serve a component who is not serving on active duty, 

25 termination of enlistment in conjunction with the 


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1 commencement of a successive enlistment, or ap2 pointment as an officer.’’. 

3 SEC. 517. DIRECT APPOINTMENT OF GRADUATES OF THE 

4 UNITED STATES MERCHANT MARINE ACAD5 EMY INTO THE NATIONAL GUARD. 

6 Section 305(a)(5) of title 32, United States Code, is 

7 amended by striking ‘‘or the United States Coast Guard 

8 Academy’’ and inserting ‘‘the United States Coast Guard 

9 Academy, or the United States Merchant Marine Acad10 emy’’. 

11 Subtitle C—Joint Qualified Officers 

12 and Requirements 

13 SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT 

14 MATTERS FOR PURPOSES OF JOINT OFFICER 

15 MANAGEMENT. 

16 Section 668(a) of title 10, United States Code, is 

17 amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘multiple’’ in the matter 

20 preceding subparagraph (A) and inserting ‘‘in21 tegrated’’; and 

22 (B) by striking ‘‘and’’ at the end of the 

23 subparagraph (D) and inserting ‘‘or’’; and 

24 (2) by striking paragraph (2) and inserting the 

25 following new paragraph: 


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1 ‘‘(2) In the context of joint matters, the term ‘inte2 grated military forces’ refers to military forces that are 

3 involved in the planning or execution (or both) of oper4 ations involving participants from— 

5 ‘‘(A) more than one military department; or 

6 ‘‘(B) a military department and one or more of 

7 the following: 

8 ‘‘(i) Other departments and agencies of the 

9 United States. 

10 ‘‘(ii) The military forces or agencies of 

11 other countries. 

12 ‘‘(iii) Non-governmental persons or enti13 ties.’’. 

14 SEC. 522. MODIFICATION OF PROMOTION BOARD PROCE15 DURES FOR JOINT QUALIFIED OFFICERS AND 

16 OFFICERS WITH JOINT STAFF EXPERIENCE. 

17 (a) BOARD COMPOSITION.—Subsection (c) of section 

18 612 of title 10, United States Code, is amended to read 

19 as follows: 

20 ‘‘(c)(1) Each selection board convened under section 

21 611(a) of this title that will consider an officer described 

22 in paragraph (2) shall include at least one officer des23 ignated by the Chairman of the Joint Chiefs of Staff who 

24 is a joint qualified officer. 


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1 ‘‘(2) Paragraph (1) applies with respect to an officer 

2 who— 

3 ‘‘(A) is serving on, or has served on, the Joint 

4 Staff; or 

5 ‘‘(B) is a joint qualified officer. 

6 ‘‘(3) The Secretary of Defense may waive the require7 ment in paragraph (1) in the case of— 

8 ‘‘(A) any selection board of the Marine Corps; 

9 or 

10 ‘‘(B) any selection board that is considering of11 ficers in specialties identified in paragraph (2) or (3) 

12 of section 619a(b) of this title.’’. 

13 (b) INFORMATION FURNISHED TO SELECTION

14 BOARDS.—Section 615 of such title is amended in sub15 sections (b)(5) and (c) by striking ‘‘in joint duty assign16 ments of officers who are serving, or have served, in such 

17 assignments’’ and inserting ‘‘of officers who are serving 

18 on, or have served on, the Joint Staff or are joint qualified 

19 officers’’. 

20 (c) ACTION ON REPORT OF SELECTION BOARDS.— 

21 Section 618(b) of such title is amended— 

22 (1) in paragraph (1), by striking ‘‘are serving, 

23 or have served, in joint duty assignments’’ and in24 serting ‘‘are serving on, or have served on, the Joint 

25 Staff or are joint qualified officers’’; 


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1 (2) in subparagraphs (A) and (B) of paragraph 

2 (2), by striking ‘‘in joint duty assignments of offi3 cers who are serving, or have served, in such assign4 ments’’ and inserting ‘‘of officers who are serving 

5 on, or have served on, the Joint Staff or are joint 

6 qualified officers’’; and 

7 (3) in paragraph (4), by striking ‘‘in joint duty 

8 assignments’’ and inserting ‘‘who are serving on, or 

9 have served on, the Joint Staff or are joint qualified 

10 officers’’. 

11 Subtitle D—General Service 

12 Authorities 

13 SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO 

14 ORDER RETIRED MEMBERS OF THE ARMED 

15 FORCES TO ACTIVE DUTY IN HIGH-DEMAND, 

16 LOW-DENSITY ASSIGNMENTS. 

17 (a) EXTENSION OF AUTHORITY.—Section 688a(f) of 

18 title 10, United States Code, is amended by striking ‘‘De19 cember 31, 2010’’ and inserting ‘‘December 31, 2011’’. 

20 (b) REPORT REQUIRED.—Not later than April 1, 

21 2011, the Secretary of Defense shall submit to the Com22 mittees on Armed Services of the Senate and the House 

23 of Representatives a report containing an assessment by 

24 the Secretary of the need to extend the authority provided 

25 by section 688a of title 10, United States Code, beyond 


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1 December 31, 2011. The report shall include, at a min2 imum, the following: 

3 (1) A list of the current types of high-demand, 

4 low-density capabilities (as defined in such section) 

5 for which the authority is being used to address 

6 operational requirements. 

7 (2) For each high-demand, low-density capa8 bility included in the list under paragraph (1), the 

9 number of retired members of the Armed Forces 

10 who have served on active duty at any time during 

11 each of fiscal years 2007 through 2010 under the 

12 authority. 

13 (3) A plan to increase the required active duty 

14 strength for the high-demand, low-density capabili15 ties included in the list under paragraph (1) to 

16 eliminate the need to use the authority. 

17 SEC. 532. NON-CHARGEABLE REST AND RECUPERATION AB18 SENCE FOR CERTAIN MEMBERS UNDER19 GOING EXTENDED DEPLOYMENT TO A COM20 BAT ZONE. 

21 (a) IN GENERAL.—Chapter 40 of title 10, United 

22 States Code, is amended by inserting after section 705 the 

23 following new section: 


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1 ‘‘§ 705a. Rest and recuperation absence: certain mem2 bers undergoing extended deployment to 

3 a combat zone 

4 ‘‘(a) REST AND RECUPERATION AUTHORIZED.— 

5 Under regulations prescribed by the Secretary of Defense, 

6 the Secretary concerned may provide a member of the 

7 armed forces described in subsection (b) the benefits de8 scribed in subsection (c). 

9 ‘‘(b) COVERED MEMBERS.—A member of the armed 

10 forces described in this subsection is any member who— 

11 ‘‘(1) is assigned or deployed for at least 270 

12 days in an area or location— 

13 ‘‘(A) that is designated by the President as 

14 a combat zone; and 

15 ‘‘(B) in which hardship duty pay is author16 ized to be paid under section 305 of title 37; 

17 and 

18 ‘‘(2) meets such other criteria as the Secretary 

19 of Defense may prescribe in the regulations required 

20 by subsection (a). 

21 ‘‘(c) BENEFITS.—The benefits described in this sub22 section are the following: 

23 ‘‘(1) A period of rest and recuperation absence 

24 for not more than 15 days. 

25 ‘‘(2) Round-trip transportation at Government 

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1 ber is serving in connection with the exercise of the 

2 period of rest and recuperation. 

3 ‘‘(d) CONSTRUCTION WITH OTHER LEAVE.—Any 

4 benefits provided a member under this section are in addi5 tion to any other leave or absence to which the member 

6 may be entitled.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by inserting 

9 after the item relating to section 705 the following new 

10 item: 

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

11 SEC. 533. CORRECTION OF MILITARY RECORDS. 

12 (a) MEMBERS ELIGIBLE TO REQUEST REVIEW OF

13 RETIREMENT OR SEPARATION WITHOUT PAY FOR PHYS14 ICAL DISABILITY.—Section 1554(a) of title 10, United 

15 States Code, is amended— 

16 (1) by striking ‘‘an officer’’ and inserting ‘‘a 

17 member or former member of the uniformed serv18 ices’’; and 

19 (2) by striking ‘‘his case’’ and inserting ‘‘the 

20 member’s case’’. 

21 (b) LIMITATION ON REDUCTION IN PERSONNEL AS22 SIGNED TO DUTY WITH SERVICE REVIEW AGENCY.— 

23 1559(a) of such title is amended by striking ‘‘December 

24 31, 2010’’ and inserting ‘‘December 31, 2013’’. 


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1 SEC. 534. DISPOSITION OF MEMBERS FOUND TO BE FIT 

2 FOR DUTY WHO ARE NOT SUITABLE FOR DE3 PLOYMENT OR WORLDWIDE ASSIGNMENT 

4 FOR MEDICAL REASONS. 

5 (a) DISPOSITION.— 

6 (1) IN GENERAL.—Chapter 61 of title 10, 

7 United States Code, is amended by inserting after 

8 section 1214 the following new section: 

9 ‘‘§ 1214a. Members determined fit for duty in Phys10 ical Evaluation Board evaluation: prohi11 bition on involuntary administrative sep12 aration due to unsuitability based on 

13 medical conditions considered in evalua14 tion 

15 ‘‘(a) DISPOSITION.—Except as provided in subsection 

16 (c), the Secretary of the military department concerned 

17 may not authorize the involuntary administrative separa18 tion of a member described in subsection (b) based on a 

19 determination that the member is unsuitable for deploy20 ment or worldwide assignment based on the same medical 

21 condition of the member considered by a Physical Evalua22 tion Board during the evaluation of the member. 

23 ‘‘(b) COVERED MEMBERS.—A member covered by 

24 subsection (a) is any member of the armed forces who has 

25 been determined by a Physical Evaluation Board pursuant 

26 to a physical evaluation by the board to be fit for duty. 


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1 ‘‘(c) REEVALUATION.—(1) The Secretary of the mili2 tary department concerned may direct the Physical Eval3 uation Board to reevaluate any member described in sub4 section (b) if the Secretary has reason to believe that a 

5 medical condition of the member considered by the Phys6 ical Evaluation Board during the evaluation of the mem7 ber described in that subsection renders the member un8 suitable for continued military service based on the med9 ical condition. 

10 ‘‘(2) A member determined pursuant to reevaluation 

11 under paragraph (1) to be unfit to perform the duties of 

12 the member’s office, grade, rank, or rating may be retired 

13 or separated for physical disability under this chapter. 

14 ‘‘(3) The Secretary of Defense shall be the final ap15 proval authority for any case determined by the Secretary 

16 of a military department to warrant administrative sepa17 ration based on a determination that the member is un18 suitable for continued service due to the same medical con19 dition of the member considered by a Physical Evaluation 

20 Board that found the member fit for duty.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 61 of such title is 

23 amended by inserting after the item relating to sec24 tion 1214 the following new item: 


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‘‘1214a. Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due 

to unsuitability based on medical conditions considered in evaluation.’’. 

1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act, and shall apply with respect to members 

4 evaluated for fitness for duty by Physical Evaluation 

5 Boards on or after that date. 

6 SEC. 535. REVIEW OF LAWS, POLICIES, AND REGULATIONS 

7 RESTRICTING SERVICE OF FEMALE MEM8 BERS OF THE ARMED FORCES. 

9 (a) REVIEW REQUIRED.—The Secretary of Defense, 

10 in coordination with the Secretaries of the military depart11 ments, shall conduct a review of laws, policies, and regula12 tions, including the collocation policy, that may restrict 

13 the service of female members of the Armed Forces to de14 termine whether changes in such laws, policies, and regu15 lations are needed to ensure that female members have 

16 an equitable opportunity to compete and excel in the 

17 Armed Forces. 

18 (b) SUBMISSION OF RESULTS.—Not later than April 

19 15, 2011, the Secretary of Defense shall submit to the 

20 congressional defense committees a report containing the 

21 results of the review. 


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1 Subtitle E—Military Justice and 

2 Legal Matters 

3 SEC. 541. CONTINUATION OF WARRANT OFFICERS ON AC4 TIVE DUTY TO COMPLETE DISCIPLINARY AC5 TION. 

6 Section 580 of title 10, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(f) A warrant officer subject to discharge or retire10 ment under this section, but against whom any action has 

11 been commenced with a view to trying the officer by court12 martial, may be continued on active duty, without preju13 dice to such action, until the completion of such action.’’. 

14 SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN 

15 MILITARY JUSTICE PROCEEDINGS. 

16 (a) IN GENERAL.—Section 848 of title 10, United 

17 States Code (article 48 of the Uniform Code of Military 

18 Justice), is amended to read as follows: 

19 ‘‘§ 848. Art. 48. Contempts 

20 ‘‘(a) AUTHORITY TO PUNISH CONTEMPT.—A judge 

21 detailed to a court-martial, a court of inquiry, the United 

22 States Court of Appeals for the Armed Forces, a military 

23 Court of Criminal Appeals, a provost court, or a military 

24 commission may punish for contempt any person who— 


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1 ‘‘(1) uses any menacing word, sign, or gesture 

2 in the presence of the judge during the proceedings 

3 of the court-martial, court, or military commission; 

4 ‘‘(2) disturbs the proceedings of the court-mar5 tial, court, or military commission by any riot or dis6 order; or 

7 ‘‘(3) willfully disobeys the lawful writ, process, 

8 order, rule, decree, or command of the court-martial, 

9 court, or military commission. 

10 ‘‘(b) PUNISHMENT.—The punishment for contempt 

11 under subsection (a) may not exceed confinement for 30 

12 days, a fine of $1,000, or both. 

13 ‘‘(c) INAPPLICABILITY TO MILITARY COMMISSIONS

14 UNDER CHAPTER 47A.—This section does not apply to 

15 a military commission established under chapter 47A of 

16 this title.’’. 

17 (b) EFFECTIVE DATE.—Section 848 of title 10, 

18 United States Code (article 48 of the Uniform Code of 

19 Military Justice), as amended by subsection (a), shall 

20 apply with respect to acts of contempt committed after 

21 the date of the enactment of this Act. 

22 SEC. 543. IMPROVEMENTS TO DEPARTMENT OF DEFENSE 

23 DOMESTIC VIOLENCE PROGRAMS. 

24 (a) IMPLEMENTATION OF OUTSTANDING COMP25 TROLLER GENERAL RECOMMENDATIONS.—Consistent 


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1 with the recommendations contained in the report of the 

2 Comptroller General of the United States titled ‘‘Status 

3 of Implementation of GAO’s 2006 Recommendations on 

4 the Department of Defense’s Domestic Violence Program’’ 

5 (GAO–10–577R), the Secretary of Defense shall complete, 

6 not later than one year after the date of enactment of this 

7 Act, implementation of actions to address the following 

8 recommendations: 

9 (1) DEFENSE INCIDENT-BASED REPORTING

10 SYSTEM.—The Secretary of Defense shall develop a 

11 comprehensive management plan to address defi12 ciencies in the data captured in the Defense Inci13 dent-Based Reporting System to ensure the system 

14 can provide an accurate count of domestic violence 

15 incidents, and any consequent disciplinary action, 

16 that are reported throughout the Department of De17 fense. 

18 (2) ADEQUATE PERSONNEL.—The Secretary of 

19 Defense shall develop a plan to ensure that adequate 

20 personnel are available to implement recommenda21 tions made by the Defense Task Force on Domestic 

22 Violence. 

23 (3) DOMESTIC VIOLENCE TRAINING DATA FOR

24 CHAPLAINS.—The Secretary of Defense shall develop 


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1 a plan to collect domestic violence training data for 

2 chaplains. 

3 (4) OVERSIGHT FRAMEWORK.—The Secretary 

4 of Defense shall develop an oversight framework for 

5 Department of Defense domestic violence programs, 

6 to include oversight of implementation of rec7 ommendations made by the Defense Task Force on 

8 Domestic Violence, including budgeting, communica9 tion initiatives, and policy compliance. 

10 (b) IMPLEMENTATION REPORT.—The Secretary of 

11 Defense shall submit to the congressional defense commit12 tees an implementation report within 90 days of the com13 pletion of actions outlined in subsection (a). 

14 Subtitle F—Member Education and 

15 Training Opportunities and Ad16 ministration 

17 SEC. 551. ENHANCEMENTS OF DEPARTMENT OF DEFENSE 

18 UNDERGRADUATE NURSE TRAINING PRO19 GRAM. 

20 (a) CLARIFICATION OF DEGREE COVERED BY PRO21 GRAM.—Subsection (a) of section 2016 of title 10, United 

22 States Code, is amended by striking ‘‘a nursing degree’’ 

23 and inserting ‘‘a bachelor of science degree in nursing’’. 


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1 (b) GRADUATION RATES OF TRAINING PROGRAMS.— 

2 Subsection (b) of such section is amended by inserting ‘‘in 

3 nursing’’ after ‘‘bachelor of science degree’’. 

4 (c) LOCATION OF PROGRAMS.—Subsection (d) of 

5 such section is amended to read as follows: 

6 ‘‘(d) LOCATION OF PROGRAMS.—(1) An academic in7 stitution selected to operate an undergraduate nurse train8 ing program shall establish the program at or near a mili9 tary installation that has a military treatment facility des10 ignated as a medical center with inpatient capability and 

11 multiple graduate medical education programs located on 

12 the installation or within reasonable proximity to the in13 stallation. 

14 ‘‘(2) Before approving a location as the site of an un15 dergraduate nurse training program, the Secretary of De16 fense shall conduct an assessment to ensure that the es17 tablishment of the program at that location will not ad18 versely impact or displace existing nurse training pro19 grams, either conducted by the Department of Defense or 

20 by a civilian entity, at the location.’’. 

21 (d) PILOT PROGRAM.— 

22 (1) IMPLEMENTATION.—Paragraph (2) of sec23 tion 525(d) of the National Defense Authorization 

24 Act for Fiscal Year 2010 (Public Law 111–84; 123 

25 Stat. 2287; 10 U.S.C. 2016 note) is amended by 


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1 striking ‘‘July 1, 2011’’ and inserting ‘‘December 

2 31, 2011’’. 

3 (2) GRADUATION RATES.—Paragraph (3) of 

4 such section is amended— 

5 (A) by striking the ‘‘The pilot program 

6 shall achieve’’ and inserting ‘‘The goal of the 

7 pilot program is to achieve’’; and 

8 (B) by striking ‘‘nurse training program’’ 

9 and inserting ‘‘nurse training programs’’. 

10 SEC. 552. REPAYMENT OF EDUCATION LOAN REPAYMENT 

11 BENEFITS. 

12 (a) ENLISTED MEMBERS ON ACTIVE DUTY IN SPECI13 FIED MILITARY SPECIALTIES.—Section 2171 of title 10, 

14 United States Code, is amended by adding at the end the 

15 following new subsections: 

16 ‘‘(g) Except a person described in subsection (e) who 

17 transfers to service making the person eligible for repay18 ment of loans under section 16301 of this title, a member 

19 of the armed forces who fails to complete the period of 

20 service required to qualify for loan repayment under this 

21 section shall be subject to the repayment provisions of sec22 tion 303a(e) of title 37. 

23 ‘‘(h) The Secretary of Defense may prescribe, by reg24 ulations, procedures for implementing this section, includ25 ing standards for qualified loans and authorized payees 


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1 and other terms and conditions for making loan repay2 ments. Such regulations may include exceptions that 

3 would allow for the payment as a lump sum of any loan 

4 repayment due to a member under a written agreement 

5 that existed at the time of a member’s death or dis6 ability.’’. 

7 (b) MEMBERS OF SELECTED RESERVE.—Section 

8 16301 of such title is amended by adding at the end the 

9 following new subsections: 

10 ‘‘(h) Except a person described in subsection (e) who 

11 transfers to service making the person eligible for repay12 ment of loans under section 2171 of this title, a member 

13 of the armed forces who fails to complete the period of 

14 service required to qualify for loan repayment under this 

15 section shall be subject to the repayment provisions of sec16 tion 303a(e) of title 37. 

17 ‘‘(i) The Secretary of Defense may prescribe, by regu18 lations, procedures for implementing this section, includ19 ing standards for qualified loans and authorized payees 

20 and other terms and conditions for making loan repay21 ments. Such regulations may include exceptions that 

22 would allow for the payment as a lump sum of any loan 

23 repayment due to a member under a written agreement 

24 that existed at the time of a member’s death or dis25 ability.’’. 


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1 SEC. 553. PARTICIPATION OF ARMED FORCES HEALTH PRO2 FESSIONS SCHOLARSHIP AND FINANCIAL AS3 SISTANCE PROGRAM RECIPIENTS IN ACTIVE 

4 DUTY HEALTH PROFESSION LOAN REPAY5 MENT PROGRAM. 

6 Section 2173(c) of title 10, United States Code, is 

7 amended by adding at the end the following new para8 graph: 

9 ‘‘(4) The person is enrolled in the Armed 

10 Forces Health Professions Scholarship and Finan11 cial Assistance Program under subchapter I of chap12 ter 105 of this title for a number of years less than 

13 is required to complete the normal length of the 

14 course of study required for the health profession 

15 concerned.’’. 

16 SEC. 554. ACTIVE DUTY OBLIGATION FOR MILITARY ACAD17 EMY GRADUATES WHO PARTICIPATE IN THE 

18 ARMED FORCES HEALTH PROFESSIONS 

19 SCHOLARSHIP AND FINANCIAL ASSISTANCE 

20 PROGRAM. 

21 (a) MILITARY ACADEMY GRADUATES.—Section 

22 4348(a) of title 10, United States Code, is amended by 

23 adding at the end the following new paragraph: 

24 ‘‘(4) That if an appointment described in para25 graph (2) or (3) is tendered and the cadet partici26 pates in a program under section 2121 of this title, 


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1 the cadet will fulfill any unserved obligation incurred 

2 under this section on active duty, regardless of the 

3 type of appointment held, upon completion of, and 

4 in addition to, any service obligation incurred under 

5 section 2123 of this title for participation in such 

6 program.’’. 

7 (b) NAVAL ACADEMY GRADUATES.—Section 6959(a) 

8 of such title is amended by adding at the end the following 

9 new paragraph: 

10 ‘‘(4) That if an appointment described in para11 graph (2) or (3) is tendered and the midshipman 

12 participates in a program under section 2121 of this 

13 title, the midshipman will fulfill any unserved obliga14 tion incurred under this section on active duty, re15 gardless of the type of appointment held, upon com16 pletion of, and in addition to, any service obligation 

17 incurred under section 2123 of this title for partici18 pation in such program.’’. 

19 (c) AIR FORCE ACADEMY GRADUATES.—Section 

20 9348(a) of such title is amended by adding at the end 

21 the following new paragraph: 

22 ‘‘(4) That if an appointment described in para23 graph (2) or (3) is tendered and the cadet partici24 pates in a program under section 2121 of this title, 

25 the cadet will fulfill any unserved obligation incurred 


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1 under this section on active duty, regardless of the 

2 type of appointment held, upon completion of, and 

3 in addition to, any service obligation incurred under 

4 section 2123 of this title for participation in such 

5 program.’’. 

6 Subtitle G—Defense Dependents’ 

7 Education 

8 SEC. 561. ENROLLMENT OF DEPENDENTS OF MEMBERS OF 

9 THE ARMED FORCES WHO RESIDE IN TEM10 PORARY HOUSING IN DEPARTMENT OF DE11 FENSE DOMESTIC DEPENDENT ELEMENTARY 

12 AND SECONDARY SCHOOLS. 

13 Section 2164(a) of title 10, United States Code, is 

14 amended by adding at the end the following new para15 graph: 

16 ‘‘(3)(A) Under the circumstances described in sub17 paragraph (B), the Secretary may, at the discretion of the 

18 Secretary, permit a dependent of a member of the armed 

19 forces to enroll in an educational program provided by the 

20 Secretary pursuant to this subsection without regard to 

21 the requirement in paragraph (1) with respect to residence 

22 on a military installation. 

23 ‘‘(B) Subparagraph (A) applies only if— 


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1 ‘‘(i) the dependents reside in temporary housing 

2 (regardless of whether the temporary housing is on 

3 Federal property)— 

4 ‘‘(I) because of the unavailability of ade5 quate permanent living quarters on the military 

6 installation to which the member is assigned; or 

7 ‘‘(II) while the member is wounded, ill, or 

8 injured; and 

9 ‘‘(ii) the Secretary determines that the cir10 cumstances of such living arrangements justify ex11 tending the enrollment authority to include the de12 pendents.’’. 

13 SEC. 562. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

14 EDUCATIONAL AGENCIES THAT BENEFIT DE15 PENDENTS OF MEMBERS OF THE ARMED 

16 FORCES AND DEPARTMENT OF DEFENSE CI17 VILIAN EMPLOYEES. 

18 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

19 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

20 amount authorized to be appropriated for fiscal year 2011 

21 pursuant to section 301(5) for operation and maintenance 

22 for Defense-wide activities, $30,000,000 shall be available 

23 only for the purpose of providing assistance to local edu24 cational agencies under subsection (a) of section 572 of 


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1 the National Defense Authorization Act for Fiscal Year 

2 2006 (Public Law 109–163; 20 U.S.C. 7703b). 

3 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

4 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

5 CHANGES, OR FORCE RELOCATIONS.—Of the amount au6 thorized to be appropriated for fiscal year 2011 pursuant 

7 to section 301(5) for operation and maintenance for De8 fense-wide activities, $10,000,000 shall be available only 

9 for the purpose of providing assistance to local educational 

10 agencies under subsection (b) of section 572 of the Na11 tional Defense Authorization Act for Fiscal Year 2006 

12 (Public Law 109–163; 20 U.S.C. 7703b). 

13 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

14 this section, the term ‘‘local educational agency’’ has the 

15 meaning given that term in section 8013(9) of the Ele16 mentary and Secondary Education Act of 1965 (20 U.S.C. 

17 7713(9)). 

18 SEC. 563. IMPACT AID FOR CHILDREN WITH SEVERE DIS19 ABILITIES. 

20 Of the amount authorized to be appropriated for fis21 cal year 2011 pursuant to section 301(5) for operation 

22 and maintenance for Defense-wide activities, $10,000,000 

23 shall be available for payments under section 363 of the 

24 Floyd D. Spence National Defense Authorization Act for 


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1 Fiscal Year 2001 (as enacted into law by Public Law 106– 

2 398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

3 Subtitle H—Decorations and 

4 Awards 

5 SEC. 571. CLARIFICATION OF PERSONS ELIGIBLE FOR 

6 AWARD OF BRONZE STAR MEDAL. 

7 (a) LIMITATION ON ELIGIBLE PERSONS.—Section 

8 1133 of title 10, United States Code, is amended to read 

9 as follows: 

10 ‘‘§ 1133. Bronze Star: limitation on persons eligible to 

11 receive 

12 ‘‘The decoration known as the ‘Bronze Star’ may only 

13 be awarded to a member of a military force who— 

14 ‘‘(1) at the time of the events for which the 

15 decoration is to be awarded, was serving in a geo16 graphic area in which special pay is authorized 

17 under section 310 or paragraph (1) or (3) of section 

18 351(a) of title 37; or 

19 ‘‘(2) receives special pay under section 310 or 

20 paragraph (1) or (3) of section 351(a) of title 37 as 

21 a result of those events.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 57 of such title is amended 

24 by striking the item relating to section 1133 and inserting 

25 the following new item: 

‘‘1133. Bronze Star: limitation on persons eligible to receive.’’. 


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1 (c) APPLICATION OF AMENDMENT.—The amendment 

2 made by subsection (a) applies to the award of the Bronze 

3 Star after October 30, 2000. 

4 SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF 

5 DISTINGUISHED-SERVICE CROSS TO SHINYEI 

6 MATAYOSHI FOR ACTS OF VALOR DURING 

7 WORLD WAR II. 

8 (a) AUTHORIZATION.—Notwithstanding the time lim9 itations specified in section 3744 of title 10, United States 

10 Code, or any other time limitation with respect to the 

11 awarding of certain medals to persons who served in the 

12 Armed Forces, the Secretary of the Army is authorized 

13 and requested to award the Distinguished-Service Cross 

14 under section 3742 of that title to Shinyei Matayoshi for 

15 the acts of valor referred to in subsection (b). 

16 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

17 referred to in subsection (a) are the actions of Tech Ser18 geant Shinyei Matayoshi on April 7, 1945, as a member 

19 of Company G, 2d Battalion, 442d Regimental Combat 

20 Team during World War II. 


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1 SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF 

2 DISTINGUISHED-SERVICE CROSS TO JAY C. 

3 COPLEY FOR ACTS OF VALOR DURING THE 

4 VIETNAM WAR. 

5 (a) AUTHORIZATION.—Notwithstanding the time lim6 itations specified in section 3744 of title 10, United States 

7 Code, or any other time limitation with respect to the 

8 awarding of certain medals to persons who served in the 

9 Armed Forces, the Secretary of the Army is authorized 

10 and requested to award the Distinguished-Service Cross 

11 under section 3742 of such title to former Captain Jay 

12 C. Copley of the United States Army for the acts of valor 

13 during the Vietnam War described in subsection (b). 

14 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

15 referred to in subsection (a) are the actions of then Cap16 tain Jay C. Copley on May 5, 1968, as commander of 

17 Company C of the 1st Battalion, 50th Infantry, attached 

18 to the 173d Airborne Brigade during an engagement with 

19 a regimental-size enemy force in Bin Dinh Province, South 

20 Vietnam. 

21 SEC. 574. PROGRAM TO COMMEMORATE 60TH ANNIVER22 SARY OF THE KOREAN WAR. 

23 (a) COMMEMORATIVE PROGRAM AUTHORIZED.—The 

24 Secretary of Defense may establish and conduct a pro25 gram to commemorate the 60th anniversary of the Korean 

26 War (in this section referred to as the ‘‘commemorative 


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1 program’’). In conducting the commemorative program, 

2 the Secretary of Defense shall coordinate and support 

3 other programs and activities of the Federal Government, 

4 State and local governments, and other persons and orga5 nizations in commemoration of the Korean War. 

6 (b) SCHEDULE.—If the Secretary of Defense estab7 lishes the commemorative program, the Secretary shall de8 termine the schedule of major events and priority of ef9 forts for the commemorative program to achieve the com10 memorative objectives specified in subsection (c). The Sec11 retary of Defense may establish a committee to assist the 

12 Secretary in determining the schedule and conducting the 

13 commemorative program. 

14 (c) COMMEMORATIVE ACTIVITIES AND OBJEC15 TIVES.—The commemorative program may include activi16 ties and ceremonies to achieve the following objectives: 

17 (1) To thank and honor veterans of the Korean 

18 War, including members of the Armed Forces who 

19 were held as prisoners of war or listed as missing in 

20 action, for their service and sacrifice on behalf of the 

21 United States. 

22 (2) To thank and honor the families of veterans 

23 of the Korean War for their sacrifices and contribu24 tions, especially families who lost a loved one in the 

25 Korean War. 


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1 (3) To highlight the service of the Armed 

2 Forces during the Korean War and the contributions 

3 of Federal agencies and governmental and non-gov4 ernmental organizations that served with, or in sup5 port of, the Armed Forces. 

6 (4) To pay tribute to the sacrifices and con7 tributions made on the home front by the people of 

8 the United States during the Korean War. 

9 (5) To provide the people of the United States 

10 with a clear understanding and appreciation of the 

11 lessons and history of the Korean War. 

12 (6) To highlight the advances in technology, 

13 science, and medicine related to military research 

14 conducted during the Korean War. 

15 (7) To recognize the contributions and sac16 rifices made by the allies of the United States dur17 ing the Korean War. 

18 (d) USE OF THE UNITED STATES OF AMERICA KO19 REAN WAR COMMEMORATION AND SYMBOLS.—Subsection 

20 (c) of section 1083 of the National Defense Authorization 

21 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

22 1918), as amended by section 1067 of the Strom Thur23 mond National Defense Authorization Act for Fiscal Year 

24 1999 (Public Law 105–261; 112 Stat. 2134) and section 

25 1052 of the National Defense Authorization Act for Fiscal 


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1 Year 2000 (Public Law 106–65; 113 Stat. 764), shall 

2 apply to the commemorative program. 

3 (e) COMMEMORATIVE FUND.— 

4 (1) ESTABLISHMENT OF NEW ACCOUNT.—If the 

5 Secretary of Defense establishes the commemorative 

6 program, the Secretary the Treasury shall establish 

7 in the Treasury of the United States an account to 

8 be known as the ‘‘Department of Defense Korean 

9 War Commemoration Fund’’ (in this section referred 

10 to as the ‘‘Fund’’). 

11 (2) ADMINISTRATION AND USE OF FUND.—The 

12 Fund shall be available to, and administered by, the 

13 Secretary of Defense. The Secretary of Defense shall 

14 use the assets of the Fund only for the purpose of 

15 conducting the commemorative program and shall 

16 prescribe such regulations regarding the use of the 

17 Fund as the Secretary of Defense considers to be 

18 necessary. 

19 (3) DEPOSITS.—There shall be deposited into 

20 the Fund the following: 

21 (A) Amounts appropriated to the Fund. 

22 (B) Proceeds derived from the use by the 

23 Secretary of Defense of the exclusive rights de24 scribed in subsection (c) of section 1083 of the 

25 National Defense Authorization Act for Fiscal 


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1 Year 1998 (Public Law 105–85; 111 Stat. 

2 1918). 

3 (C) Donations made in support of the com4 memorative program by private and corporate 

5 donors. 

6 (4) AVAILABILITY.—Subject to paragraph (5), 

7 amounts in the Fund shall remain available until ex8 pended. 

9 (5) TREATMENT OF UNOBLIGATED FUNDS; 

10 TRANSFER.—If unobligated amounts remain in the 

11 Fund as of September 30, 2013, the Secretary of 

12 the Treasury shall transfer the remaining amounts 

13 to the Department of Defense Vietnam War Com14 memorative Fund established pursuant to section 

15 598(e) of the National Defense Authorization Act 

16 for Fiscal Year 2008 (Public Law 110–181; 10 

17 U.S.C. 113 note). The transferred amounts shall be 

18 merged with, and available for the same purposes as, 

19 other amounts in the Department of Defense Viet20 nam War Commemorative Fund. 

21 (f) ACCEPTANCE OF VOLUNTARY SERVICES.— 

22 (1) AUTHORITY TO ACCEPT SERVICES.—Not23 withstanding section 1342 of title 31, United States 

24 Code, the Secretary of Defense may accept from any 

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1 ance of the commemorative program. The Secretary 

2 of Defense shall prohibit the solicitation of any vol3 untary services if the nature or circumstances of 

4 such solicitation would compromise the integrity or 

5 the appearance of integrity of any program of the 

6 Department of Defense or of any individual involved 

7 in the program. 

8 (2) COMPENSATION FOR WORK-RELATED IN9 JURY.—A person providing voluntary services under 

10 this subsection shall be considered to be a Federal 

11 employee for purposes of chapter 81 of title 5, 

12 United States Code, relating to compensation for 

13 work-related injuries. The person shall also be con14 sidered a special governmental employee for pur15 poses of standards of conduct and sections 202, 203, 

16 205, 207, 208, and 209 of title 18, United States 

17 Code. A person who is not otherwise employed by 

18 the Federal Government shall not be considered to 

19 be a Federal employee for any other purpose by rea20 son of the provision of voluntary services under this 

21 subsection. 

22 (3) REIMBURSEMENT OF INCIDENTAL EX23 PENSES.—The Secretary of Defense may provide for 

24 reimbursement of incidental expenses incurred by a 

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1 section. The Secretary of Defense shall determine 

2 which expenses are eligible for reimbursement under 

3 this paragraph. 

4 (g) REPORT REQUIRED.—If the Secretary of Defense 

5 conducts the commemorative program, the Inspector Gen6 eral of the Department of Defense shall submit to Con7 gress, not later than 60 days after the end of the com8 memorative program, a report containing an accounting 

9 of— 

10 (1) all of the funds deposited into and expended 

11 from the Fund; 

12 (2) any other funds expended under this sec13 tion; and 

14 (3) any unobligated funds remaining in the 

15 Fund as of September 30, 2013, that are trans16 ferred to the Department of Defense Vietnam War 

17 Commemorative Fund pursuant to subsection (e)(5). 

18 (h) LIMITATION ON EXPENDITURES.—Using 

19 amounts appropriated to the Department of Defense, the 

20 Secretary of Defense may not expend more than 

21 $5,000,000 to carry out the commemorative program. 


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1 Subtitle I—Military Family 

2 Readiness Matters 

3 SEC. 581. APPOINTMENT OF ADDITIONAL MEMBERS OF DE4 PARTMENT OF DEFENSE MILITARY FAMILY 

5 READINESS COUNCIL. 

6 (a) INCLUSION OF SPOUSE OF GENERAL OR FLAG

7 OFFICER.—Subsection (b) of section 1781a of title 10, 

8 United States Code, is amended— 

9 (1) in paragraph (1)— 

10 (A) by redesignating subparagraph (E) as 

11 subparagraph (F); and 

12 (B) by inserting after subparagraph (D) 

13 the following new subparagraph: 

14 ‘‘(E) The spouse of a general or flag officer.’’; 

15 and 

16 (2) in paragraph (2), by striking ‘‘subpara17 graphs (C) and (D)’’ and inserting ‘‘subparagraphs 

18 (C), (D), and (E)’’. 

19 (b) INCLUSION OF DIRECTOR OF OFFICE OF COMMU20 NITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL

21 NEEDS.—Subsection (b)(1) of such section is further 

22 amended by adding at the end the following new subpara23 graph: 

24 ‘‘(G) The Director of the Office of Community 

25 Support for Military Families With Special Needs.’’. 


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1 (c) CLARIFICATION OF APPOINTMENT OPTIONS FOR

2 EXISTING MEMBER.—Subparagraph (F) of subsection 

3 (b)(1) of such section, as redesignated by subsection 

4 (a)(1)(A), is amended to read as follows: 

5 ‘‘(F) In addition to the representatives ap6 pointed under subparagraphs (B) and (C), the sen7 ior enlisted advisor, or the spouse of a senior en8 listed member, from each of the Army, Navy, Marine 

9 Corps, and Air Force.’’. 

10 (d) APPOINTMENT BY SECRETARY OF DEFENSE.— 

11 Subsection (b) of such section is further amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (B), by striking ‘‘, 

14 who shall be appointed by the Secretary of De15 fense’’; 

16 (B) in subparagraph (C), by striking ‘‘, 

17 who shall be appointed by the Secretary of De18 fense’’ both places it appears; and 

19 (C) in subparagraph (D), by striking ‘‘by 

20 the Secretary of Defense’’; and 

21 (2) by adding at the end the following new 

22 paragraph: 

23 ‘‘(3) The Secretary of Defense shall appoint the 

24 members of the Council required by subparagraphs (B) 

25 through (F) of paragraph (1).’’. 


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1 SEC. 582. ENHANCEMENT OF COMMUNITY SUPPORT FOR 

2 MILITARY FAMILIES WITH SPECIAL NEEDS. 

3 (a) DIRECTOR OF THE OFFICE OF COMMUNITY SUP4 PORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.— 

5 Subsection (c) of section 1781c of title 10, United States 

6 Code, is amended to read as follows: 

7 ‘‘(c) DIRECTOR.—(1) The head of the Office shall be 

8 the Director of the Office of Community Support for Mili9 tary Families With Special Needs, who shall be a member 

10 of the Senior Executive Service or a general officer or flag 

11 officer. 

12 ‘‘(2) In the discharge of the responsibilities of the Of13 fice, the Director shall be subject to the supervision, direc14 tion, and control of the Under Secretary of Defense for 

15 Personnel and Readiness.’’. 

16 (b) ADDITIONAL RESPONSIBILITY FOR OFFICE.— 

17 Subsection (d) of such section is amended— 

18 (1) by redesignating paragraph (7) as para19 graph (8); and 

20 (2) by inserting after paragraph (6) the fol21 lowing new paragraph (7): 

22 ‘‘(7) To conduct periodic reviews of best prac23 tices in the United States in the provision of medical 

24 and educational services for children with special 

25 needs.’’. 


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1 (c) ENHANCEMENT OF SUPPORT.—Section 563 of 

2 the National Defense Authorization Act for Fiscal Year 

3 2010 (Public Law 111–84; 123 Stat. 2304) is amended— 

4 (1) by redesignating subsection (c) as sub5 section (e); and 

6 (2) by inserting after subsection (b) the fol7 lowing new subsections: 

8 ‘‘(c) MILITARY DEPARTMENT SUPPORT FOR LOCAL

9 CENTERS TO ASSIST MILITARY CHILDREN WITH SPECIAL

10 NEEDS.—The Secretary of a military department may es11 tablish or support centers on or in the vicinity of military 

12 installations under the jurisdiction of such Secretary to 

13 coordinate and provide medical and educational services 

14 for children with special needs of members of the Armed 

15 Forces who are assigned to such installations. 

16 ‘‘(d) ADVISORY PANEL ON COMMUNITY SUPPORT

17 FOR MILITARY FAMILIES WITH SPECIAL NEEDS.— 

18 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

19 after the date of the enactment of this subsection, 

20 the Secretary of Defense shall establish an advisory 

21 panel on community support for military families 

22 with special needs. 

23 ‘‘(2) MEMBERS.—The advisory panel shall con24 sist of seven individuals who are a member of a mili25 tary family with special needs. The Secretary of DeVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 fense shall appoint the members of the advisory 

2 panel. 

3 ‘‘(3) DUTIES.—The advisory panel shall— 

4 ‘‘(A) provide informed advice to the Direc5 tor of the Office of Community Support for 

6 Military Families With Special Needs on the 

7 implementation of the policy required by sub8 section (e) of section 1781c of title 10, United 

9 States Code, and on the discharge of the pro10 grams required by subsection (f) of such sec11 tion; 

12 ‘‘(B) assess and provide information to the 

13 Director on services and support for children 

14 with special needs that is available from other 

15 departments and agencies of the Federal Gov16 ernment and from State and local governments; 

17 and 

18 ‘‘(C) otherwise advise and assist the Direc19 tor in the discharge of the duties of the Office 

20 of Community Support for Military Families 

21 With Special Needs in such manner as the Sec22 retary of Defense and the Director jointly de23 termine appropriate. 

24 ‘‘(4) MEETINGS.—The Director shall meet with 

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1 quency, as the Director considers appropriate. The 

2 Director shall meet with the panel at least once each 

3 year. The Director may meet with the panel through 

4 teleconferencing or by other electronic means.’’. 

5 SEC. 583. MODIFICATION OF YELLOW RIBBON REINTEGRA6 TION PROGRAM. 

7 (a) OFFICE FOR REINTEGRATION PROGRAMS.—Sub8 section (d)(1) of section 582 of the National Defense Au9 thorization Act for Fiscal Year 2008 (Public Law 110– 

10 181; 10 U.S.C. 10101 note) is amended— 

11 (1) by striking ‘‘The Under’’ and inserting the 

12 following: 

13 ‘‘(A) IN GENERAL.—The Under’’; and 

14 (2) in the last sentence— 

15 (A) by striking ‘‘The office may also’’ and 

16 inserting the following: 

17 ‘‘(B) PARTNERSHIPS AND ACCESS.—The 

18 office may’’; 

19 (B) by inserting ‘‘and the Department of 

20 Veterans Affairs’’ after ‘‘Administration’’; and 

21 (C) by adding at the end the following new 

22 sentence: ‘‘Service and State-based programs 

23 may provide access to curriculum, training, and 

24 support for services to members and families 

25 from all components.’’. 


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1 (b) CENTER FOR EXCELLENCE IN REINTEGRA2 TION.—Subsection (d)(2) of such section is amended by 

3 adding at the end the following new sentence: ‘‘The Center 

4 shall develop and implement a process for evaluating the 

5 effectiveness of the Yellow Ribbon Reintegration Program 

6 in supporting the health and well-being of members of the 

7 Armed Forces and their families throughout the deploy8 ment cycle described in subsection (g).’’. 

9 (c) STATE DEPLOYMENT CYCLE SUPPORT TEAMS.— 

10 Subsection (f)(3) of such section is amended by inserting 

11 ‘‘and community-based organizations’’ after ‘‘service pro12 viders’’. 

13 (d) OPERATION OF PROGRAM DURING DEPLOYMENT

14 AND POST-DEPLOYMENT-RECONSTITUTION PHASES.— 

15 Subsection (g) of such section is amended— 

16 (1) in paragraph (3), by inserting ‘‘and to de17 crease the isolation of families during deployment’’ 

18 after ‘‘combat zone’’; and 

19 (2) in paragraph (5)(A), by inserting ‘‘, pro20 viding information on employment opportunities,’’ 

21 after ‘‘communities’’. 

22 (e) ADDITIONAL OUTREACH SERVICE.—Subsection 

23 (h) of such section, as amended by section 595(1) of the 

24 National Defense Authorization Act for Fiscal Year 2010 


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1 (Public Law 111–84; 123 Stat. 2338), is amended by add2 ing at the end the following new paragraph: 

3 ‘‘(15) Resiliency training to promote com4 prehensive programs for members of the Armed 

5 Forces to build mental and emotional resiliency for 

6 successfully meeting the demands of the deployment 

7 cycle.’’. 

8 SEC. 584. EXPANSION AND CONTINUATION OF JOINT FAM9 ILY SUPPORT ASSISTANCE PROGRAM. 

10 Section 675 of the John Warner National Defense 

11 Authorization Act for Fiscal Year 2007 (Public Law 109– 

12 364; 119 Stat. 2273; 10 U.S.C. 1781 note) is amended— 

13 (1) in subsection (b)— 

14 (A) by striking ‘‘not more than’’ and in15 serting ‘‘not less than’’; and 

16 (B) by striking ‘‘Up to’’ and inserting ‘‘At 

17 least’’; and 

18 (2) in subsection (h), by striking ‘‘at the end of 

19 the three-year period beginning on the date on which 

20 funds are first obligated for the program’’ and in21 serting ‘‘on December 31, 2012’’. 

22 SEC. 585. REPORT ON MILITARY SPOUSE EDUCATION PRO23 GRAMS. 

24 (a) REVIEW REQUIRED.—The Secretary of Defense 

25 shall carry out a review of all education programs of the 


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1 Department of Defense and Department of Veterans Af2 fairs designed to support spouses of members of the 

3 Armed Forces. 

4 (b) ELEMENTS OF REVIEW.—At a minimum, the re5 view shall evaluate the following: 

6 (1) All education programs of the Department 

7 of Defense and Department of Veterans Affairs that 

8 are in place to advance educational opportunities for 

9 military spouses. 

10 (2) The efficacy and effectiveness of such edu11 cation programs. 

12 (3) The extent to which the availability of edu13 cational opportunities for military spouses influences 

14 the decisions of members to remain in the Armed 

15 Forces. 

16 (4) A comparison of the costs associated with 

17 providing military spouse education opportunities as 

18 an incentive to retain members rather than recruit19 ing or training new members. 

20 (c) SUBMISSION OF RESULTS.—Not later than 180 

21 days after the date of the enactment of this Act, the Sec22 retary of Defense shall submit to the congressional defense 

23 committees a report containing— 

24 (1) the results of the review; and 


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1 (2) such recommendations as the Secretary con2 siders necessary for improving military spouse edu3 cation programs. 

4 (d) CONSULTATION.—In conducting the review and 

5 preparing the report, the Secretary of Defense shall con6 sult with the Secretary of Veterans Affairs regarding edu7 cation programs of Department of Veterans Affairs assist8 ing spouses of members of the Armed Forces. 

9 SEC. 586. REPORT ON ENHANCING BENEFITS AVAILABLE 

10 FOR MILITARY DEPENDENT CHILDREN WITH 

11 SPECIAL EDUCATION NEEDS. 

12 (a) REPORT REQUIRED.—Not later than September 

13 30, 2011, the Secretary of the Defense shall submit to 

14 the Committees on Armed Services of the Senate and 

15 House of Representatives a report describing the needs of 

16 military families with children with special education 

17 needs and evaluating options to enhance the benefits avail18 able to such families and children under the Individuals 

19 with Disabilities Education Act (20 U.S.C. 1400 et seq.) 

20 in meeting such needs. 

21 (b) CONSULTATION.—The Secretary of Defense shall 

22 prepare the report in consultation with the Secretary of 

23 Education. 

24 (c) ELEMENTS.—In preparing the report, the Sec25 retary of Defense shall— 


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1 (1) identify and assess obstacles faced by mili2 tary families with children with special education 

3 needs in obtaining a free appropriate public edu4 cation to address such needs; 

5 (2) identify and assess evidence-based research 

6 and best practices for providing special education 

7 and related services (as those terms are defined in 

8 section 602 of the Individuals with Disabilities Edu9 cation Act (20 U.S.C. 1401)) for military children 

10 with special education needs; 

11 (3) assess timeliness in obtaining special edu12 cation and related services described in paragraph 

13 (2); 

14 (4) determine and document the cost associated 

15 with obtaining special education and related services 

16 described in paragraph (2); 

17 (5) assess the feasibility of establishing an indi18 vidualized education program for military children 

19 with special education needs that is applicable across 

20 jurisdictions of local educational agencies in order to 

21 achieve reciprocity among States in acknowledging 

22 such programs; 

23 (6) identify means of improving oversight and 

24 compliance with the requirements of section 614 of 

25 the Individuals with Disabilities Education Act (20 


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1 U.S.C. 1414) relating to a local educational agency 

2 supporting an existing individualized education pro3 gram for a child with special education needs who is 

4 relocating to another State pursuant to the perma5 nent change of station of a military parent until an 

6 individualized education program is developed and 

7 approved for such child in the State to which the 

8 child relocates; 

9 (7) assess the feasibility of establishing an ex10 pedited process for resolution of complaints by mili11 tary parents with a child with special education 

12 needs about lack of access to education and related 

13 services otherwise specified in the individualized edu14 cation program of the child; 

15 (8) assess the feasibility of permitting the De16 partment of Defense to contact the State to which 

17 a military family with a child with special education 

18 needs will relocate pursuant to a permanent change 

19 of station when the orders for such change of station 

20 are issued, but before the family takes residence in 

21 such State, for the purpose of commencing prepara22 tion for education and related services specified in 

23 the individualized education program of the child; 

24 (9) assess the feasibility of establishing a sys25 tem within the Department of Defense to document 


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1 complaints by military parents regarding access to 

2 free and appropriate public education for their chil3 dren with special education needs; 

4 (10) identify means to strengthen the moni5 toring and oversight of special education and related 

6 services for military children with special education 

7 needs under the Interstate Compact on Educational 

8 Opportunities for Military Children; and 

9 (11) consider such other matters as the Sec10 retary of Defense and the Secretary of Education 

11 jointly consider appropriate. 

12 SEC. 587. REPORTS ON CHILD DEVELOPMENT CENTERS 

13 AND FINANCIAL ASSISTANCE FOR CHILD 

14 CARE FOR MEMBERS OF THE ARMED 

15 FORCES. 

16 (a) REPORTS REQUIRED.—Not later than six months 

17 after the date of the enactment of this Act, and every two 

18 years thereafter, the Secretary of Defense shall submit to 

19 the Committees on Armed Services of the Senate and the 

20 House of Representatives a report on Department of De21 fense child development centers and financial assistance 

22 for child care provided by the Department of Defense off23 installation to members of the Armed Forces. 


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1 (b) ELEMENTS.—Each report required by subsection 

2 (a) shall include the following, current as of the date of 

3 such report: 

4 (1) The number of child development centers 

5 currently located on military installations. 

6 (2) The number of dependents of members of 

7 the Armed Forces utilizing such child development 

8 centers. 

9 (3) The number of dependents of members of 

10 the Armed Forces that are unable to utilize such 

11 child development centers due to capacity limita12 tions. 

13 (4) The types of financial assistance available 

14 for child care provided by the Department of De15 fense off-installation to members of the Armed 

16 Forces (including eligible members of the reserve 

17 components). 

18 (5) The extent to which members of the Armed 

19 Forces are utilizing such financial assistance for 

20 child care off-installation. 

21 (6) The methods by which the Department of 

22 Defense reaches out to eligible military families to 

23 increase awareness of the availability of such finan24 cial assistance. 


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1 (7) The formulas used to calculate the amount 

2 of such financial assistance provided to members of 

3 the Armed Forces. 

4 (8) The funding available for such financial as5 sistance in the Department of Defense and in the 

6 military departments. 

7 (9) The barriers to access, if any, to such finan8 cial assistance faced by members of the Armed 

9 Forces, including whether standards and criteria of 

10 the Department of Defense for child care off-instal11 lation may affect access to child care. 

12 (10) Any other matters the Secretary considers 

13 appropriate in connection with such report, including 

14 with respect to the enhancement of access to De15 partment of Defense child care development centers 

16 and financial assistance for child care off-installation 

17 for members of the Armed Forces. 

18 Subtitle J—Other Matters 

19 SEC. 591. AUTHORITY FOR MEMBERS OF THE ARMED 

20 FORCES AND DEPARTMENT OF DEFENSE AND 

21 COAST GUARD CIVILIAN EMPLOYEES AND 

22 THEIR FAMILIES TO ACCEPT GIFTS FROM 

23 NON-FEDERAL ENTITIES. 

24 (a) CODIFICATION AND EXPANSION OF EXISTING

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1 PLOYEES.—Chapter 155 of title 10, United States Code, 

2 is amended by inserting after section 2601 the following 

3 new section: 

4 ‘‘§ 2601a. Direct acceptance of gifts by members of 

5 the armed forces and Department of De6 fense and Coast Guard employees and 

7 their families 

8 ‘‘(a) REGULATIONS GOVERNING ACCEPTANCE OF

9 GIFTS.—(1) The Secretary of Defense (and the Secretary 

10 of Homeland Security in the case of the Coast Guard) 

11 shall issue regulations to provide that, subject to such lim12 itations as may be specified in such regulations, the fol13 lowing individuals may accept gifts from nonprofit organi14 zations, private parties, and other sources outside the De15 partment of Defense or the Department of Homeland Se16 curity: 

17 ‘‘(A) A member of the armed forces described 

18 in subsection (b). 

19 ‘‘(B) A civilian employee of the Department of 

20 Defense or Coast Guard described in subsection (c). 

21 ‘‘(C) The family members of such a member or 

22 employee. 

23 ‘‘(D) Survivors of such a member or employee 

24 who is killed. 


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1 ‘‘(2) The regulations required by this subsection 

2 shall— 

3 ‘‘(A) apply uniformly to all elements of the De4 partment of Defense and, to the maximum extent 

5 feasible, to the Coast Guard; and 

6 ‘‘(B) require review and approval by a des7 ignated agency ethics official before acceptance of a 

8 gift to ensure that acceptance of the gift complies 

9 with the Joint Ethics Regulation. 

10 ‘‘(b) COVERED MEMBERS.—This section applies to a 

11 member of the armed forces who, while performing active 

12 duty, full-time National Guard duty, or inactive-duty 

13 training on or after September 11, 2001, incurred an in14 jury or illness— 

15 ‘‘(1) as described in section 1413a(e)(2) of this 

16 title; or 

17 ‘‘(2) under other circumstances determined by 

18 the Secretary concerned to warrant treatment analo19 gous to members covered by paragraph (1). 

20 ‘‘(c) COVERED EMPLOYEES.—This section applies to 

21 a civilian employee of the Department of Defense or Coast 

22 Guard who, while an employee on or after September 11, 

23 2001, incurred an injury or illness under a circumstance 

24 described in paragraph (1) or (2) of subsection (c). 


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1 ‘‘(d) GIFTS FROM CERTAIN SOURCES PROHIB2 ITED.—The regulations issued under subsection (a) may 

3 not authorize the acceptance of a gift from a foreign gov4 ernment or international organization or their agents.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of such chapter is amended by inserting 

7 after the item relating to section 2601 the following new 

8 item: 

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

9 SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CI10 VILIANS AUTHORIZED FOR ADMISSION TO 

11 NATIONAL DEFENSE UNIVERSITY. 

12 Section 2167(a) of title 10, United States Code, is 

13 amended by striking ‘‘20 full-time student positions’’ and 

14 inserting ‘‘35 full-time student positions’’. 

15 SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO 

16 ATTEND UNITED STATES AIR FORCE INSTI17 TUTE OF TECHNOLOGY. 

18 (a) ADMISSION AUTHORITY.—Chapter 901 of title 

19 10, United States Code, is amended by inserting after sec20 tion 9314 the following new section: 


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1 ‘‘§ 9314a. United States Air Force Institute of Tech2 nology: admission of defense industry ci3 vilians 

4 ‘‘(a) ADMISSION AUTHORIZED.—(1) The Secretary of 

5 the Air Force may permit defense industry employees de6 scribed in subsection (b) to receive instruction at the 

7 United States Air Force Institute of Technology in accord8 ance with this section. Any such defense industry em9 ployee may be enrolled in, and may be provided instruction 

10 in, a program leading to a graduate degree in a defense 

11 focused curriculum related to aeronautics and astronau12 tics, electrical and computer engineering, engineering 

13 physics, mathematics and statistics, operational sciences, 

14 or systems and engineering management. 

15 ‘‘(2) No more than 125 defense industry employees 

16 may be enrolled at the United States Air Force Institute 

17 of Technology at any one time under the authority of 

18 paragraph (1). 

19 ‘‘(3) Upon successful completion of the course of in20 struction at the United States Air Force Institute of Tech21 nology in which a defense industry employee is enrolled, 

22 the defense industry employee may be awarded an appro23 priate degree under section 9314 of this title. 

24 ‘‘(b) ELIGIBLE DEFENSE INDUSTRY EMPLOYEES.— 

25 For purposes of this section, an eligible defense industry 

26 employee is an individual employed by a private firm that 


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1 is engaged in providing to the Department of Defense sig2 nificant and substantial defense-related systems, products, 

3 or services. A defense industry employee admitted for in4 struction at the United States Air Force Institute of Tech5 nology remains eligible for such instruction only so long 

6 at that person remains employed by the same firm. 

7 ‘‘(c) ANNUAL DETERMINATION BY THE SECRETARY

8 OF THE AIR FORCE.—Defense industry employees may re9 ceive instruction at the United States Air Force Institute 

10 of Technology during any academic year only if, before 

11 the start of that academic year, the Secretary of the Air 

12 Force, or the designee of the Secretary, determines that 

13 providing instruction to defense industry employees under 

14 this section during that year— 

15 ‘‘(1) will further the military mission of the 

16 United States Air Force Institute of Technology; 

17 and 

18 ‘‘(2) will be done on a space-available basis and 

19 not require an increase in the size of the faculty of 

20 the school, an increase in the course offerings of the 

21 school, or an increase in the laboratory facilities or 

22 other infrastructure of the school. 

23 ‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of 

24 the Air Force shall ensure that— 


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1 ‘‘(1) the curriculum in which defense industry 

2 employees may be enrolled under this section is not 

3 readily available through other schools and con4 centrates on the areas of focus specified in sub5 section (a)(1) that are conducted by military organi6 zations and defense contractors working in close co7 operation; and 

8 ‘‘(2) the course offerings at the United States 

9 Air Force Institute of Technology continue to be de10 termined solely by the needs of the Department of 

11 Defense. 

12 ‘‘(e) TUITION.—(1) The United States Air Force In13 stitute of Technology shall charge tuition for students en14 rolled under this section at a rate not less than the rate 

15 charged for employees of the United States outside the 

16 Department of the Air Force. 

17 ‘‘(2) Amounts received by the United States Air 

18 Force Institute of Technology for instruction of students 

19 enrolled under this section shall be retained by the school 

20 to defray the costs of such instruction. The source, and 

21 the disposition, of such funds shall be specifically identi22 fied in records of the school. 

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1 tion, to the extent practicable, are subject to the same reg2 ulations governing academic performance, attendance, 

3 norms of behavior, and enrollment as apply to Government 

4 civilian employees receiving instruction at the school.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of such chapter is amended by inserting 

7 after the item relating to section 9314 the following new 

8 item: 

‘‘9314a. United States Air Force Institute of Technology: admission of defense 

industry civilians.’’. 

9 SEC. 594. UPDATED TERMINOLOGY FOR ARMY MEDICAL 

10 SERVICE CORPS. 

11 Paragraph (5) of section 3068 of title 10, United 

12 States Code, is amended— 

13 (1) in subparagraph (A), by striking ‘‘Phar14 macy, Supply, and Administration’’ and inserting 

15 ‘‘Administrative Health Services’’; 

16 (2) in subparagraph (C), by striking ‘‘Sanitary 

17 Engineering’’ and inserting ‘‘Preventive Medicine 

18 Sciences’’; and 

19 (3) in subparagraph (D), by striking ‘‘Optom20 etry’’ and inserting ‘‘Clinical Health Sciences’’. 


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1 SEC. 595. DATE FOR SUBMISSION OF ANNUAL REPORT ON 

2 DEPARTMENT OF DEFENSE STARBASE PRO3 GRAM. 

4 Section 2193b(g) of title 10, United States Code, is 

5 amended by striking ‘‘90 days after the end of each fiscal 

6 year’’ and inserting ‘‘March 31 of each year’’. 

7 SEC. 596. EXTENSION OF DEADLINE FOR SUBMISSION OF 

8 FINAL REPORT OF MILITARY LEADERSHIP DI9 VERSITY COMMISSION. 

10 Section 596(e)(1) of the Duncan Hunter National 

11 Defense Authorization Act for Fiscal Year 2009 (Public 

12 Law 110–417; 122 Stat. 4478) is amended by striking 

13 ‘‘12 months’’ and inserting ‘‘18 months’’. 

14 TITLE VI—COMPENSATION AND 

15 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 


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Sec. 621. Extension of authority to provide travel and transportation allowances for inactive duty training outside of normal commuting 

distances. 

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

Reintegration events. 

Subtitle D—Disability, Retired Pay and Survivor Benefits 

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

than 30 years of service who retire for disability. 

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

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

duty to receive authorized medical care on reducing eligibility 

age for receipt of non-regular service retired pay. 

Sec. 634. Conformity of special compensation for members with injuries or illnesses requiring assistance in everyday living with monthly personal caregiver stipend under Department of Veterans Affairs 

program of comprehensive assistance for family caregivers. 

Sec. 635. Sense of Congress concerning age and service requirements for retired pay for non-regular service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

and Operations 

Sec. 641. Addition of definition of morale, welfare, and recreation telephone 

services for use in contracts to provide such services for military personnel serving in combat zones. 

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

Northern Mariana Islands. 

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

Naval Air Station, Maine. 

Subtitle F—Other Matters 

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

duty. 

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

aviation career officers extending period of active duty. 


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1 Subtitle A—Pay and Allowances 

2 SEC. 601. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN 

3 EMPLOYEES FOR RESERVIST INCOME RE4 PLACEMENT PAYMENTS ON ACCOUNT OF 

5 AVAILABILITY OF COMPARABLE BENEFITS 

6 UNDER ANOTHER PROGRAM. 

7 (a) INELIGIBILITY FOR PAYMENTS.—Section 910(b) 

8 of title 37, United States Code, is amended by adding at 

9 the end the following new paragraph: 

10 ‘‘(3) A civilian employee of the Federal Government 

11 who is also a member of a reserve component is not enti12 tled to a payment under this section for any period for 

13 which the employee is entitled to— 

14 ‘‘(A) a differential payment under section 5538 

15 of title 5; or 

16 ‘‘(B) a comparable benefit under an administra17 tively established program for civilian employees ab18 sent from a position of employment with the Federal 

19 Government in order to perform active duty in the 

20 uniformed services.’’. 

21 (b) EFFECTIVE DATE.—Subsection (b)(3) of section 

22 910 of title 37, United States Code, as added by sub23 section (a), shall apply with respect to payments under 

24 such section for months beginning on or after the date 

25 of the enactment of this Act. 


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1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

4 SPECIAL PAY AUTHORITIES FOR RESERVE 

5 FORCES. 

6 The following sections of title 37, United States 

7 Code, are amended by striking ‘‘December 31, 2010’’ and 

8 inserting ‘‘December 31, 2011’’: 

9 (1) Section 308b(g), relating to Selected Re10 serve reenlistment bonus. 

11 (2) Section 308c(i), relating to Selected Reserve 

12 affiliation or enlistment bonus. 

13 (3) Section 308d(c), relating to special pay for 

14 enlisted members assigned to certain high-priority 

15 units. 

16 (4) Section 308g(f)(2), relating to Ready Re17 serve enlistment bonus for persons without prior 

18 service. 

19 (5) Section 308h(e), relating to Ready Reserve 

20 enlistment and reenlistment bonus for persons with 

21 prior service. 

22 (6) Section 308i(f), relating to Selected Reserve 

23 enlistment and reenlistment bonus for persons with 

24 prior service. 


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1 (7) Section 910(g), relating to income replace2 ment payments for reserve component members ex3 periencing extended and frequent mobilization for 

4 active duty service. 

5 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

6 SPECIAL PAY AUTHORITIES FOR HEALTH 

7 CARE PROFESSIONALS. 

8 (a) TITLE 10 AUTHORITIES.—The following sections 

9 of title 10, United States Code, are amended by striking 

10 ‘‘December 31, 2010’’ and inserting ‘‘December 31, 

11 2011’’: 

12 (1) Section 2130a(a)(1), relating to nurse offi13 cer candidate accession program. 

14 (2) Section 16302(d), relating to repayment of 

15 education loans for certain health professionals who 

16 serve in the Selected Reserve. 

17 (b) TITLE 37 AUTHORITIES.—The following sections 

18 of title 37, United States Code, are amended by striking 

19 ‘‘December 31, 2010’’ and inserting ‘‘December 31, 

20 2011’’: 

21 (1) Section 302c–1(f), relating to accession and 

22 retention bonuses for psychologists. 

23 (2) Section 302d(a)(1), relating to accession 

24 bonus for registered nurses. 


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1 (3) Section 302e(a)(1), relating to incentive 

2 special pay for nurse anesthetists. 

3 (4) Section 302g(e), relating to special pay for 

4 Selected Reserve health professionals in critically 

5 short wartime specialties. 

6 (5) Section 302h(a)(1), relating to accession 

7 bonus for dental officers. 

8 (6) Section 302j(a), relating to accession bonus 

9 for pharmacy officers. 

10 (7) Section 302k(f), relating to accession bonus 

11 for medical officers in critically short wartime spe12 cialties. 

13 (8) Section 302l(g), relating to accession bonus 

14 for dental specialist officers in critically short war15 time specialties. 

16 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

17 BONUS AUTHORITIES FOR NUCLEAR OFFI18 CERS. 

19 The following sections of title 37, United States 

20 Code, are amended by striking ‘‘December 31, 2010’’ and 

21 inserting ‘‘December 31, 2011’’: 

22 (1) Section 312(f), relating to special pay for 

23 nuclear-qualified officers extending period of active 

24 service. 


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1 (2) Section 312b(c), relating to nuclear career 

2 accession bonus. 

3 (3) Section 312c(d), relating to nuclear career 

4 annual incentive bonus. 

5 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT6 ING TO TITLE 37 CONSOLIDATED SPECIAL 

7 PAY, INCENTIVE PAY, AND BONUS AUTHORI8 TIES. 

9 The following sections of title 37, United States 

10 Code, are amended by striking ‘‘December 31, 2010’’ and 

11 inserting ‘‘December 31, 2011’’: 

12 (1) Section 331(h), relating to general bonus 

13 authority for enlisted members. 

14 (2) Section 332(g), relating to general bonus 

15 authority for officers. 

16 (3) Section 333(i), relating to special bonus and 

17 incentive pay authorities for nuclear officers. 

18 (4) Section 334(i), relating to special aviation 

19 incentive pay and bonus authorities for officers. 

20 (5) Section 335(k), relating to special bonus 

21 and incentive pay authorities for officers in health 

22 professions. 

23 (6) Section 351(h), relating to hazardous duty 

24 pay. 


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1 (7) Section 352(g), relating to assignment pay 

2 or special duty pay. 

3 (8) Section 353(i), relating to skill incentive 

4 pay or proficiency bonus. 

5 (9) Section 355(h), relating to retention incen6 tives for members qualified in critical military skills 

7 or assigned to high priority units. 

8 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT9 ING TO PAYMENT OF OTHER TITLE 37 BO10 NUSES AND SPECIAL PAYS. 

11 The following sections of title 37, United States 

12 Code, are amended by striking ‘‘December 31, 2010’’ and 

13 inserting ‘‘December 31, 2011’’: 

14 (1) Section 301b(a), relating to aviation officer 

15 retention bonus. 

16 (2) Section 307a(g), relating to assignment in17 centive pay. 

18 (3) Section 308(g), relating to reenlistment 

19 bonus for active members. 

20 (4) Section 309(e), relating to enlistment 

21 bonus. 

22 (5) Section 324(g), relating to accession bonus 

23 for new officers in critical skills. 


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1 (6) Section 326(g), relating to incentive bonus 

2 for conversion to military occupational specialty to 

3 ease personnel shortage. 

4 (7) Section 327(h), relating to incentive bonus 

5 for transfer between armed forces. 

6 (8) Section 330(f), relating to accession bonus 

7 for officer candidates. 

8 SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELAT9 ING TO PAYMENT OF REFERRAL BONUSES. 

10 The following sections of title 10, United States 

11 Code, are amended by striking ‘‘December 31, 2010’’ and 

12 inserting ‘‘December 31, 2011’’: 

13 (1) Section 1030(i), relating to health profes14 sions referral bonus. 

15 (2) Section 3252(h), relating to Army referral 

16 bonus. 

17 Subtitle C—Travel and 

18 Transportation Allowances 

19 SEC. 621. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL 

20 AND TRANSPORTATION ALLOWANCES FOR 

21 INACTIVE DUTY TRAINING OUTSIDE OF NOR22 MAL COMMUTING DISTANCES. 

23 Section 408a(e) of title 37, United States Code, is 

24 amended by striking ‘‘December 31, 2010’’ and inserting 

25 ‘‘December 31, 2011’’. 


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1 SEC. 622. TRAVEL AND TRANSPORTATION ALLOWANCES 

2 FOR ATTENDANCE AT YELLOW RIBBON RE3 INTEGRATION EVENTS. 

4 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

5 (1) IN GENERAL.—Chapter 7 of title 37, United 

6 States Code, is amended by inserting after section 

7 411k the following new section: 

8 ‘‘§ 411l. Travel and transportation allowances: attend9 ance of members and other persons at 

10 Yellow Ribbon Reintegration Program 

11 events 

12 ‘‘(a) ALLOWANCES AUTHORIZED.—(1) Under uni13 form regulations prescribed by the Secretaries concerned, 

14 a member of the uniformed services authorized to attend 

15 a Yellow Ribbon Reintegration Program event may be pro16 vided travel and transportation allowances in order that 

17 the member may attend a Yellow Ribbon Reintegration 

18 Program event. 

19 ‘‘(2) Under uniform regulations prescribed by the 

20 Secretaries concerned, travel and transportation allow21 ances may be provided for a person designated pursuant 

22 to subsection (b) in order for the person to accompany 

23 a member in attending a Yellow Ribbon Reintegration 

24 Program event if the Secretary concerned determines that 

25 the presence of the person at the event may contribute 

26 to the purposes of the event for the member. 


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1 ‘‘(b) DESIGNATION OF PERSONS ELIGIBLE FOR AL2 LOWANCE.—A member of the uniformed services who is 

3 eligible to attend a Yellow Ribbon Reintegration Program 

4 event may designate one or more persons, including an5 other member of the uniformed services, for purposes of 

6 receiving travel and transportation allowances described in 

7 subsection (c) to attend a Yellow Ribbon Reintegration 

8 Program event. The designation of a person for purposes 

9 of this section shall be made in writing and may be 

10 changed at any time. 

11 ‘‘(c) AUTHORIZED TRAVEL AND TRANSPOR12 TATION.—(1) The transportation authorized by subsection 

13 (a) is round-trip transportation between the home or place 

14 of business of the authorized person and the location of 

15 the Yellow Ribbon Reintegration Program event. 

16 ‘‘(2) In addition to transportation under paragraph 

17 (1), the Secretary concerned may provide a per diem al18 lowance or reimbursement for the actual and necessary ex19 penses of the travel, or a combination thereof, but not to 

20 exceed the rates established under section 404(d) of this 

21 title. 

22 ‘‘(3) The transportation authorized by paragraph (1) 

23 may be provided by any of the following means: 

24 ‘‘(A) Transportation in-kind. 


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1 ‘‘(B) A monetary allowance in place of trans2 portation in-kind at a rate to be prescribed by the 

3 Secretaries concerned. 

4 ‘‘(C) Reimbursement for the commercial cost of 

5 transportation. 

6 ‘‘(4) An allowance payable under this subsection may 

7 be paid in advance. 

8 ‘‘(5) Reimbursement payable under this subsection 

9 may not exceed the cost of Government-procured commer10 cial round-trip air travel. 

11 ‘‘(d) YELLOW RIBBON REINTEGRATION PROGRAM

12 EVENT DEFINED.—In this section, the term ‘Yellow Rib13 bon Reintegration Program event’ means an event author14 ized under section 582 of the National Defense Authoriza15 tion Act for Fiscal Year 2008 (Public Law 110–181; 10 

16 U.S.C. 10101 note).’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of such chapter is amended 

19 by inserting after the item related to section 411k 

20 the following new item: 

‘‘411l. Travel and transportation allowances: attendance of members and other 

persons at Yellow Ribbon Reintegration Program events.’’. 

21 (b) APPLICABILITY.—No reimbursement may be pro22 vided under section 411l of title 37, United States Code, 

23 as added by subsection (a), for travel and transportation 

24 costs incurred before September 30, 2010. 


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1 Subtitle D—Disability, Retired Pay 

2 and Survivor Benefits 

3 SEC. 631. ELIMINATION OF CAP ON RETIRED PAY MULTI4 PLIER FOR MEMBERS WITH GREATER THAN 

5 30 YEARS OF SERVICE WHO RETIRE FOR DIS6 ABILITY. 

7 (a) COMPUTATION OF RETIRED PAY.—The table in 

8 section 1401(a) of title 10, United States Code, is amend9 ed— 

10 (1) in the column designated ‘‘Column 2’’, by 

11 inserting ‘‘, not to exceed 75%,’’ after ‘‘percentage 

12 of disability’’ both places it appears; and 

13 (2) by striking column 4. 

14 (b) RECOMPUTATION OF RETIRED OR RETAINER PAY

15 TO REFLECT LATER ACTIVE DUTY OF MEMBERS WHO

16 FIRST BECAME MEMBERS BEFORE SEPTEMBER 8, 

17 1980.—The table in section 1402(d) of such title is 

18 amended— 

19 (1) in the column designated ‘‘Column 2’’, by 

20 inserting ‘‘, not to exceed 75%,’’ after ‘‘percentage 

21 of disability’’; and 

22 (2) by striking column 4. 

23 (c) RECOMPUTATION OF RETIRED OR RETAINER PAY

24 TO REFLECT LATER ACTIVE DUTY OF MEMBERS WHO


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1 FIRST BECAME MEMBERS AFTER SEPTEMBER 7, 1980.— 

2 The table in section 1402a(d) of such title is amended— 

3 (1) in the column designated ‘‘Column 2’’, by 

4 inserting ‘‘, not to exceed 75 percent,’’ after ‘‘per5 centage of disability’’; and 

6 (2) by striking column 4. 

7 (d) APPLICATION OF AMENDMENTS.—The tables in 

8 sections 1401(a), 1402(d), and 1402a(d) of title 10, 

9 United States Code, as in effect on the day before the date 

10 of the enactment of this Act, shall continue to apply to 

11 the computation or recomputation of retired or retainer 

12 pay for persons who first became entitled to retired or re13 tainer pay under subtitle A of such title on or before the 

14 date of the enactment of this Act. The amendments made 

15 by this section shall apply only with respect to persons 

16 who first become entitled to retired or retainer pay under 

17 such subtitle after that date. 

18 SEC. 632. PAYMENT DATE FOR RETIRED AND RETAINER 

19 PAY. 

20 (a) SETTING PAYMENT DATE.—Section 1412 of title 

21 10, United States Code, is amended— 

22 (1) by striking ‘‘Amounts’’ and inserting ‘‘(a) 

23 ROUNDING.—Amounts’’; and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(b) PAYMENT DATE.—Amounts of retired pay and 

2 retainer pay due a retired member of the uniformed serv3 ices shall be paid on the first day of each month beginning 

4 after the month in which the right to such pay accrues.’’. 

5 (b) CLERICAL AMENDMENTS.— 

6 (1) SECTION HEADING.—The heading of such 

7 section is amended to read as follows: 

8 ‘‘§ 1412. Administrative provisions’’. 

9 (2) TABLE OF SECTIONS.—The table of sections 

10 at the beginning of chapter 71 of such title is 

11 amended by striking the item relating to section 

12 1412 and inserting the following new item: 

‘‘1412. Administrative provisions.’’. 

13 (c) EFFECTIVE DATE.—Subsection (b) of section 

14 1412 of title 10, United States Code, as added by sub15 section (a), shall apply beginning with the first month that 

16 begins more than 30 days after the date of the enactment 

17 of this Act. 


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1 SEC. 633. CLARIFICATION OF EFFECT OF ORDERING RE2 SERVE COMPONENT MEMBER TO ACTIVE 

3 DUTY TO RECEIVE AUTHORIZED MEDICAL 

4 CARE ON REDUCING ELIGIBILITY AGE FOR 

5 RECEIPT OF NON-REGULAR SERVICE RE6 TIRED PAY. 

7 Section 12731(f)(2)(B) of title 10, United States 

8 Code, is amended by adding at the end the following new 

9 clause: 

10 ‘‘(iii) If a member described in subparagraph (A) is 

11 wounded or otherwise injured or becomes ill while serving 

12 on active duty pursuant to a call or order to active duty 

13 under a provision of law referred to in the first sentence 

14 of clause (i) or in clause (ii), and the member is then or15 dered to active duty under section 12301(h)(1) of this title 

16 to receive medical care for the wound, injury, or illness, 

17 each day of active duty under that order for medical care 

18 shall be treated as a continuation of the original call or 

19 order to active duty for purposes of reducing the eligibility 

20 age of the member under this paragraph.’’. 


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1 SEC. 634. CONFORMITY OF SPECIAL COMPENSATION FOR 

2 MEMBERS WITH INJURIES OR ILLNESSES RE3 QUIRING ASSISTANCE IN EVERYDAY LIVING 

4 WITH MONTHLY PERSONAL CAREGIVER STI5 PEND UNDER DEPARTMENT OF VETERANS 

6 AFFAIRS PROGRAM OF COMPREHENSIVE AS7 SISTANCE FOR FAMILY CAREGIVERS. 

8 Subsection (c) of section 439 of title 37, United 

9 States Code, is amended to read as follows: 

10 ‘‘(c) AMOUNT.—The amount of monthly special com11 pensation payable to a member under subsection (a) shall 

12 be the amount as follows: 

13 ‘‘(1) The monthly amount of aid and attend14 ance payable under section 1114(r)(2) of title 38. 

15 ‘‘(2) Upon the establishment by the Secretary 

16 of Veterans Affairs pursuant to subparagraph (C) of 

17 section 1720G(a)(3) of title 38 of the schedule of 

18 monthly personal caregiver stipends under the De19 partment of Veterans Affairs program of comprehen20 sive assistance for family caregivers under subpara21 graph (A)(ii)(V) of such section, the monthly per22 sonal caregiver stipend payable with respect to simi23 larly circumstanced veterans under such schedule, 

24 rather than the amount specified in paragraph (1).’’. 


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1 SEC. 635. SENSE OF CONGRESS CONCERNING AGE AND 

2 SERVICE REQUIREMENTS FOR RETIRED PAY 

3 FOR NON-REGULAR SERVICE. 

4 It is the sense of Congress that— 

5 (1) the amendments made to section 12731 of 

6 title 10, United States Code, by section 647 of the 

7 National Defense Authorization Act for Fiscal Year 

8 2008 (Public Law 110–181; 122 Stat. 160) were in9 tended to reduce the minimum age at which mem10 bers of a reserve component of the Armed Forces 

11 would begin receiving retired pay according to time 

12 spent deployed, by three months for every 90-day pe13 riod spent on active duty over the course of a career, 

14 rather than limiting qualifying time to such periods 

15 wholly served within the same fiscal year, as inter16 preted by the Department of Defense; and 

17 (2) steps should be taken by the Department of 

18 Defense to implement the congressional intent out19 lined in paragraph (1). 


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1 Subtitle E—Commissary and Non2 appropriated Fund Instrumen3 tality Benefits and Operations 

4 SEC. 641. ADDITION OF DEFINITION OF MORALE, WELFARE, 

5 AND RECREATION TELEPHONE SERVICES 

6 FOR USE IN CONTRACTS TO PROVIDE SUCH 

7 SERVICES FOR MILITARY PERSONNEL SERV8 ING IN COMBAT ZONES. 

9 Section 885 of the National Defense Authorization 

10 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

11 265; 10 U.S.C. 2304 note) is amended by adding at the 

12 end the following new subsection: 

13 ‘‘(c) MORALE, WELFARE, AND RECREATION TELE14 PHONE SERVICES DEFINED.—In this section, the term 

15 ‘morale, welfare, and recreation telephone services’ means 

16 unofficial telephone calling center services supporting call17 ing centers provided by the Army and Air Force Exchange 

18 Service, Navy Exchange Service Command, Marine Corps 

19 exchanges, or any other nonappropriated fund instrumen20 tality of the United States under the jurisdiction of the 

21 Armed Forces which is conducted for the comfort, pleas22 ure, contentment, or physical or mental improvement of 

23 members of the Armed Forces.’’. 


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1 SEC. 642. FEASIBILITY STUDY ON ESTABLISHMENT OF 

2 FULL EXCHANGE STORE IN THE NORTHERN 

3 MARIANA ISLANDS. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Secretary of Defense shall submit 

6 to Congress a report containing the results of a study to 

7 determine the feasibility of replacing the ‘‘Shoppette’’ of 

8 the Army and Air Force Exchange Service in the Northern 

9 Mariana Islands with a full-service exchange store. 

10 SEC. 643. CONTINUATION OF COMMISSARY AND EXCHANGE 

11 OPERATIONS AT BRUNSWICK NAVAL AIR STA12 TION, MAINE. 

13 (a) CONTINUATION OF OPERATIONS.—The Secretary 

14 of Defense shall provide for the continuation of com15 missary and exchange operations at Brunswick Naval Air 

16 Station, Maine, until the later of the following: 

17 (1) The closure of Brunswick Naval Air Sta18 tion. 

19 (2) The end of the 60-day period beginning on 

20 the date on which the Secretary of Defense makes 

21 the determination under subsection (b). 

22 (b) REVIEW AND DETERMINATION.—Not earlier than 

23 120 days after the date of the enactment of this Act, the 

24 Secretary of Defense shall— 

25 (1) review any report prepared by the Comp26 troller General of the United States relating to comVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 missary and exchange operations at Brunswick 

2 Naval Air Station, Maine; and 

3 (2) based on such review, make a determination 

4 regarding whether such operations should be contin5 ued. 

6 Subtitle F—Other Matters 

7 SEC. 651. REPORT ON BASIC ALLOWANCE FOR HOUSING 

8 FOR PERSONNEL ASSIGNED TO SEA DUTY. 

9 (a) REPORT REQUIRED.—Not later than July 1, 

10 2011, the Secretary of Defense shall submit to the con11 gressional defense committees a report containing the fol12 lowing: 

13 (1) A review of the standards used to determine 

14 the monthly rates of basic allowance for housing for 

15 personnel assigned to sea duty (under section 403 of 

16 title 37, United States Code). 

17 (2) A review of the legislative framework and 

18 policies applicable to eligibility and levels of com19 pensation for single and married personnel, with and 

20 without dependents, who are assigned to sea duty. 

21 (3) Any recommendation for modifications of 

22 title 37, United States Code, relating to basic allow23 ance for housing for personnel who are assigned to 

24 sea duty that the Secretary considers appropriate, 


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1 including an estimate of the cost of each modifica2 tion. 

3 (b) ELEMENTS OF REVIEWS.—In conducting the re4 views for purposes of subsection (a), the Secretary shall 

5 consider whether existing law, policies, and housing stand6 ards are suitable in terms of the following: 

7 (1) The cost and availability of housing ashore 

8 for personnel assigned to sea duty. 

9 (2) The pay and allowances (other than basic 

10 allowance for housing) payable to personnel who are 

11 assigned to sea duty, including basic pay, career sea 

12 pay, and the family separation allowance. 

13 (3) The comparability in levels of compensation 

14 for single and married personnel, with and without 

15 dependents, who are assigned to sea duty. 

16 (4) The provision of appropriate quality of life 

17 and retention incentives for members in all grades 

18 who are assigned to sea duty. 

19 (5) The provision of appropriate recognition 

20 and motivation for promotion to higher military 

21 grades of personnel who are assigned to sea duty. 

22 (6) Budgetary constraints and rising personnel 

23 costs. 


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1 SEC. 652. REPORT ON SAVINGS FROM ENHANCED MANAGE2 MENT OF SPECIAL PAY FOR AVIATION CA3 REER OFFICERS EXTENDING PERIOD OF AC4 TIVE DUTY. 

5 (a) REPORT REQUIRED.—Not later than August 1, 

6 2011, the Secretary of Defense shall submit to the con7 gressional defense committees a report regarding the use 

8 and management of the special pay programs authorized 

9 in section 301b of title 37, United States Code, for avia10 tion career officers extending a period of active duty. 

11 (b) ELEMENTS OF REPORT.—The report required by 

12 subsection (a) shall include the following: 

13 (1) A review of the programs operated by the 

14 Secretaries of the military departments, including— 

15 (A) directives and guidelines issued by the 

16 Secretary of Defense; 

17 (B) the number of aviation officers receiv18 ing the special pay, listed by weapon system; 

19 (C) the weapon systems for which special 

20 pay is not authorized and the number of avia21 tion officers affected by such exclusion; 

22 (D) the policy and structure of the pro23 grams and the retention philosophy supporting 

24 the policy and structure of the programs; 


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1 (E) the amounts paid to individual aviation 

2 officers, annually and over the course of a ca3 reer; and 

4 (F) the amounts budgeted annually for 

5 such programs. 

6 (2) An accounting of aviation officers receiving 

7 the special pay who have an active duty service com8 mitment and the totals of aviation officers and allo9 cated funding by types of active duty service com10 mitment. 

11 (3) A review of retention trends for aviation of12 ficers, generally and by weapon system, within the 

13 military departments and an assessment of the fac14 tors that influence retention trends, and the reli15 ability and durability of those trends if such factors 

16 are altered. 

17 (4) An assessment of the funds that can be 

18 saved by restructuring or eliminating such programs 

19 to reduce payments to aviation officers associated 

20 with those weapon systems with strong retention 

21 trends and aviation officers with active duty service 

22 commitments. 

23 (5) A review of the demand for former military 

24 aviation officers to fulfill commercial airline hiring 

25 requirements, recent data regarding airline hiring of 


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1 former military aviation officers, and an assessment 

2 of the methods used by airlines to qualify pilot can3 didates for employment as commercial pilots. 

4 (6) Any recommendations for modifications of 

5 title 37, United States Code, relating to special pay 

6 for aviation career officers extending a period of ac7 tive duty. 

8 TITLE VII—HEALTH CARE 

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

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

Sec. 715. Health information technology. 

Sec. 716. Education and training on use of pharmaceuticals in rehabilitation 

programs for wounded warriors. 

Subtitle C—Other Matters 

Sec. 721. Repeal of report requirement on separations resulting from refusal to 

participate in anthrax vaccine immunization program. 

Sec. 722. Comprehensive policy on consistent neurological cognitive assessments 

of members of the Armed Forces before and after deployment. 

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

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


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1 Subtitle A—Improvements to 

2 Health Benefits 

3 SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN 

4 CERTAIN HEALTH CARE COSTS. 

5 (a) CHARGES UNDER CONTRACTS FOR MEDICAL

6 CARE.—Section 1097(e) of title 10, United States Code, 

7 is amended by striking ‘‘September 30, 2009’’ and insert8 ing ‘‘September 30, 2011’’. 

9 (b) CHARGES FOR INPATIENT CARE.—Section 

10 1086(b)(3) of such title is amended by striking ‘‘Sep11 tember 30, 2010’’ and inserting ‘‘September 30, 2011’’. 

12 SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER 

13 THE TRICARE PROGRAM. 

14 (a) DEPENDENT COVERAGE.— 

15 (1) IN GENERAL.—Chapter 55 of title 10, 

16 United States Code, is amended by adding at the 

17 end the following new section: 

18 ‘‘§ 1110b. TRICARE program: extension of dependent 

19 coverage 

20 ‘‘(a) IN GENERAL.—In accordance with subsection 

21 (c), an individual described in subsection (b) shall be 

22 deemed to be a dependent (as described in section 

23 1072(2)(D) of this title) for purposes of coverage under 

24 the TRICARE program. 


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1 ‘‘(b) INDIVIDUAL DESCRIBED.—An individual de2 scribed in this subsection is an individual who— 

3 ‘‘(1) would be a dependent under section 

4 1072(2) of this title but for exceeding an age limit 

5 under such section; 

6 ‘‘(2) has not attained the age of 26; 

7 ‘‘(3) is not eligible to enroll in an eligible em8 ployer-sponsored plan (as defined in section 

9 5000A(f)(2) of the Internal Revenue Code of 1986); 

10 ‘‘(4) is not otherwise a dependent of a member 

11 or a former member under any subparagraph of sec12 tion 1072(2) of this title; and 

13 ‘‘(5) meets other criteria specified in regula14 tions prescribed by the Secretary, similar to regula15 tions prescribed by the Secretary of Health and 

16 Human Services under section 2714(b) of the Public 

17 Health Service Act. 

18 ‘‘(c) PREMIUM.—(1) The Secretary shall prescribe by 

19 regulation a premium (or premiums) for coverage under 

20 the TRICARE program provided pursuant to this section 

21 to an individual described in subsection (b). 

22 ‘‘(2) The monthly amount of the premium in effect 

23 for a month for coverage under the TRICARE program 

24 pursuant to this section shall be the amount equal to the 


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1 cost of such coverage that the Secretary determines on an 

2 appropriate actuarial basis. 

3 ‘‘(3) The Secretary shall prescribe the requirements 

4 and procedures applicable to the payment of premiums 

5 under this subsection. 

6 ‘‘(4) Amounts collected as premiums under this sub7 section shall be credited to the appropriation available for 

8 the Defense Health Program Account under section 1100 

9 of this title, shall be merged with sums in such Account 

10 that are available for the fiscal year in which collected, 

11 and shall be available under subsection (b) of such section 

12 for such fiscal year.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of such chapter is amended 

15 by inserting after the item relating to section 1110a 

16 the following new item: 

‘‘1110b. TRICARE program: extension of dependent coverage.’’. 

17 (b) EFFECTIVE DATE AND REGULATIONS.—The 

18 amendments made by this section shall take effect on Jan19 uary 1, 2011. The Secretary of Defense shall prescribe 

20 an interim final rule with respect to such amendments, 

21 effective not later than January 1, 2011. 

22 SEC. 703. SURVIVOR DENTAL BENEFITS. 

23 Paragraph (2) of section 1076a(k) of title 10, United 

24 States Code, is amended to read as follows: 


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1 ‘‘(2) Such term includes any such dependent of a 

2 member who dies— 

3 ‘‘(A) while on active duty for a period of more 

4 than 30 days; or 

5 ‘‘(B) while such member is a member of the 

6 Ready Reserve.’’. 

7 SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE 

8 ARMED FORCES. 

9 (a) TINNITUS SCREENING.— 

10 (1) STUDY REQUIRED.—Not later than Sep11 tember 30, 2011, the Secretary of Defense shall con12 duct a study to identify the best tests currently 

13 available to screen members of the Armed Forces for 

14 tinnitus. 

15 (2) PLAN.—Not later than December 31, 2011, 

16 the Secretary shall develop a plan to ensure that all 

17 members of the Armed Forces are screened for 

18 tinnitus prior to and after a deployment to a combat 

19 zone. 

20 (3) REPORT.—Not later than December 31, 

21 2011, the Secretary shall submit to the congres22 sional defense committees a report containing the re23 sults of the study under paragraph (1) and the plan 

24 under paragraph (2). 


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1 (b) IMPROVING AURAL PROTECTION FOR MEMBERS

2 OF THE ARMED FORCES.— 

3 (1) IN GENERAL.—In accordance with section 

4 721 of the Duncan Hunter National Defense Au5 thorization Act for Fiscal Year 2009 (Public Law 

6 110–417; 122 Stat. 4506), the Secretary of Defense 

7 shall examine methods to improve the aural protec8 tion for members of the Armed Forces in combat. 

9 (2) REPORT.—Not later than one year after the 

10 date of the enactment of this Act, the Secretary 

11 shall submit to the congressional defense committees 

12 a report on the methods to improve aural protection 

13 examined under subsection (a). 

14 (c) CENTER OF EXCELLENCE.—The Secretary shall 

15 ensure that all studies, findings, plans, and reports con16 ducted or submitted under this section are transmitted to 

17 the center of excellence established by section 721 of the 

18 Duncan Hunter National Defense Authorization Act for 

19 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4506). 

20 SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN CO21 PAYMENTS UNDER RETAIL PHARMACY SYS22 TEM OF PHARMACY BENEFITS PROGRAM. 

23 During the period beginning on October 1, 2010, and 

24 ending on September 30, 2011, the cost sharing require25 ments established under paragraph (6) of section 


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1 1074g(a) of title 10, United States Code, for pharma2 ceutical agents available through retail pharmacies cov3 ered by paragraph (2)(E)(ii) of such section may not ex4 ceed amounts as follows: 

5 (1) In the case of generic agents, $3. 

6 (2) In the case of formulary agents, $9. 

7 (3) In the case of nonformulary agents, $22. 

8 Subtitle B—Health Care 

9 Administration 

10 SEC. 711. ADMINISTRATION OF TRICARE. 

11 Subsection (a) of section 1073 of title 10, United 

12 States Code, is amended— 

13 (1) by striking ‘‘Except’’ and inserting ‘‘(1) Ex14 cept’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) Except as otherwise provided in this chapter, the 

18 Secretary of Defense shall have responsibility for admin19 istering the TRICARE program and making any decision 

20 affecting such program.’’. 


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1 SEC. 712. POSTDEPLOYMENT HEALTH REASSESSMENTS 

2 FOR PURPOSES OF THE MEDICAL TRACKING 

3 SYSTEM FOR MEMBERS OF THE ARMED 

4 FORCES DEPLOYED OVERSEAS. 

5 (a) REQUIREMENT FOR POSTDEPLOYMENT HEALTH

6 REASSESSMENTS.—Paragraph (1) of subsection (b) of 

7 section 1074f of title 10, United States Code, is amended 

8 to read as follows: 

9 ‘‘(1)(A) The system described in subsection (a) shall 

10 include the use of predeployment medical examinations 

11 and postdeployment medical examinations (including the 

12 assessment of mental health and the drawing of blood 

13 samples) and postdeployment health reassessments to— 

14 ‘‘(i) accurately record the health status of mem15 bers before their deployment; 

16 ‘‘(ii) accurately record any changes in their 

17 health status during the course of their deployment; 

18 and 

19 ‘‘(iii) identify health concerns, including mental 

20 health concerns, that may become manifest several 

21 months following their deployment. 

22 ‘‘(B) The postdeployment medical examination shall 

23 be conducted when the member is redeployed or otherwise 

24 leaves an area in which the system is in operation (or as 

25 soon as possible thereafter). 


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1 ‘‘(C) The postdeployment health reassessment shall 

2 be conducted at an appropriate time during the period be3 ginning 90 days after the member is redeployed and end4 ing 180 days after the member is redeployed.’’. 

5 (b) INCORPORATION IN REASSESSMENTS OF ELE6 MENTS OF PREDEPLOYMENT AND POSTDEPLOYMENT

7 MEDICAL EXAMINATIONS.—Paragraph (2) of such sub8 section is amended by striking ‘‘and postdeployment med9 ical examination’’ and inserting ‘‘medical examination, 

10 postdeployment medical examination, and postdeployment 

11 health reassessment’’. 

12 (c) RECORDKEEPING.—Subsection (c) of such section 

13 is amended— 

14 (1) by inserting ‘‘and reassessments’’ after 

15 ‘‘medical examinations’’; and 

16 (2) by inserting ‘‘and the prescription and ad17 ministration of psychotropic medications’’ after ‘‘in18 cluding immunizations’’. 

19 (d) QUALITY ASSURANCE.—Subsection (d) of such 

20 section is amended— 

21 (1) in paragraph (1), by striking ‘‘and 

22 postdeployment medical examinations’’ and inserting 

23 ‘‘, postdeployment medical examinations, and 

24 postdeployment health reassessments’’; and 

25 (2) in paragraph (2)— 


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1 (A) in subparagraph (A), by inserting 

2 ‘‘and reassessments’’ after ‘‘postdeployment 

3 health assessments’’; and 

4 (B) in subparagraph (B), by inserting 

5 ‘‘and reassessments’’ after ‘‘such assessments’’. 

6 SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS 

7 APPLICABLE TO MILITARY HEALTH-CARE 

8 PROFESSIONALS WHO ARE MEMBERS OF THE 

9 NATIONAL GUARD PERFORMING CERTAIN 

10 DUTY WHILE IN STATE STATUS. 

11 Section 1094(d) of title 10, United States Code, is 

12 amended— 

13 (1) in paragraph (1), by inserting ‘‘or (3)’’ 

14 after ‘‘paragraph (2)’’; 

15 (2) in paragraph (2), by inserting ‘‘as being de16 scribed in this paragraph’’ after ‘‘paragraph (1)’’; 

17 and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(3) A health-care professional referred to in para21 graph (1) as being described in this paragraph is a mem22 ber of the National Guard who— 

23 ‘‘(A) has a current license to practice medicine, 

24 osteopathic medicine, dentistry, or another health 

25 profession; and 


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1 ‘‘(B) is performing training or duty under sec2 tion 502(f) of title 32 in response to an actual or 

3 potential disaster.’’. 

4 SEC. 714. IMPROVEMENTS TO OVERSIGHT OF MEDICAL 

5 TRAINING FOR MEDICAL CORPS OFFICERS. 

6 (a) REVIEW OF TRAINING PROGRAMS FOR MEDICAL

7 OFFICERS.— 

8 (1) REVIEW.—The Secretary of Defense shall 

9 conduct a review of training programs for medical 

10 officers (as defined in section 101(b)(14) of title 10, 

11 United States Code) to ensure that the academic 

12 and military performance of such officers has been 

13 completely documented in military personnel records. 

14 The programs reviewed shall include, at a minimum, 

15 the following: 

16 (A) Programs at the Uniformed Services 

17 University of the Health Sciences that award a 

18 medical doctor degree. 

19 (B) Selected residency programs at mili20 tary medical treatment facilities, as determined 

21 by the Secretary, to include at least one pro22 gram in each of the specialties of— 

23 (i) anesthesiology; 

24 (ii) emergency medicine; 

25 (iii) family medicine; 


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1 (iv) general surgery; 

2 (v) neurology; 

3 (vi) obstetrics/gynecology; 

4 (vii) pathology; 

5 (viii) pediatrics; and 

6 (ix) psychiatry. 

7 (2) REPORT.—Not later than one year after the 

8 date of the enactment of this Act, the Secretary of 

9 Defense shall submit to the congressional defense 

10 committees a report on the findings of the review 

11 under paragraph (1). 

12 (b) ANNUAL REPORT ON GRADUATE MEDICAL EDU13 CATION PROGRAMS.— 

14 (1) ANNUAL REPORT.—Not later than April 1, 

15 2011, and annually thereafter through 2015, the 

16 Secretary of Defense shall submit to the congres17 sional defense committees a report on the status of 

18 the graduate medical education programs of the De19 partment of Defense. 

20 (2) ELEMENTS.—Each report under paragraph 

21 (1) shall include the following: 

22 (A) An identification of each graduate 

23 medical education program of the Department 

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1 tary department responsible, the location, the 

2 medical specialty, the period of training re3 quired, and the number of students by year. 

4 (B) The status of each program referred to 

5 in subparagraph (A), including, for each such 

6 program, an identification of the fiscal year in 

7 which the last action was taken with respect to 

8 each of the following: 

9 (i) Initial accreditation. 

10 (ii) Continued accreditation. 

11 (iii) If applicable, probation, and the 

12 reasons for probationary status. 

13 (iv) If applicable, withheld or with14 drawn accreditation, and the reasons for 

15 such action. 

16 (C) A discussion of trends in the graduate 

17 medical education programs of the Department. 

18 (D) A discussion of challenges faced by 

19 such programs, and a description and assess20 ment of strategies and plans to address such 

21 challenges. 

22 (E) Such other matters as the Secretary 

23 considers appropriate. 


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1 SEC. 715. HEALTH INFORMATION TECHNOLOGY. 

2 (a) ENTERPRISE RISK ASSESSMENT METHODOLOGY

3 STUDY.— 

4 (1) STUDY REQUIRED.—The Secretary of De5 fense shall conduct an enterprise risk assessment 

6 methodology study of all health information tech7 nology programs of the Department of Defense. 

8 (2) REPORT.—Not later than 180 days after 

9 the date of the enactment of this Act, the Secretary 

10 shall submit to the congressional defense committees 

11 a report containing the results of the study required 

12 under paragraph (1). 

13 (b) REPORT ON HEALTH INFORMATION TECH14 NOLOGY ORGANIZATIONAL STRUCTURE AND FUTURE

15 PLANS.— 

16 (1) REPORT REQUIRED.—Not later than 180 

17 days after the date of the enactment of this Act, the 

18 Secretary of Defense shall submit to the congres19 sional defense committees a report on the organiza20 tional structure for health information technology 

21 within the Department of Defense. 

22 (2) ELEMENTS.—The report required under 

23 paragraph (1) shall include the following: 

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1 nology showing, at a minimum, the senior posi2 tions in each office and each activity. 

3 (B) A description of the functions and re4 sponsibilities, to include policy formulation, pol5 icy and program execution, and program over6 sight, of each senior position for health infor7 mation technology. 

8 (C) An assessment of how well the health 

9 information systems of the Department of De10 fense interact with the health information sys11 tems of— 

12 (i) the Department of Veterans Af13 fairs; and 

14 (ii) entities other than the Federal 

15 Government. 

16 (D) A description of the role played by the 

17 Interagency Program Office established by sec18 tion 1635 of the Wounded Warrior Act (title 

19 XVI of Public Law 110–181; 10 U.S.C. 1071 

20 note) and whether the office is satisfactorily 

21 performing the functions required by such sec22 tion, as well as recommendations for adminis23 trative or legislative action as the Secretary 

24 considers appropriate. 


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1 (E) A complete description of all future 

2 plans for legacy systems and new electronic 

3 health record initiatives, including the joint vir4 tual lifetime electronic record. 

5 (F) The results of the survey described in 

6 paragraph (3). 

7 (3) SURVEY.—The Secretary shall conduct a 

8 survey of users of the health information technology 

9 systems of the Department of Defense to assess the 

10 benefits and failings of such systems. 

11 (4) DEFINITIONS.—In this subsection: 

12 (A) The term ‘‘senior position’’ means a 

13 position filled by a member of the senior execu14 tive service, a position on the Executive Sched15 ule established pursuant to title 5, United 

16 States Code, or a position filled by a general or 

17 flag officer. 

18 (B) The term ‘‘senior personnel’’ means 

19 personnel who are members of the senior execu20 tive service, who fill a position listed on the Ex21 ecutive Schedule established pursuant to title 5, 

22 United States Code, or who are general or flag 

23 officers. 

24 (c) REPORT ON GAO REPORT REQUIRED.—Not later 

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1 mit to the congressional defense committees a report on 

2 the report by the Comptroller General of the United States 

3 titled ‘‘Information Technology: Opportunities Exist to 

4 Improve Management of DOD’s Electronic Health Record 

5 Initiative’’ (GAO-11-50), including— 

6 (1) the status of implementing the rec7 ommendations made in such report; and 

8 (2) for each such recommendation that has not 

9 been implemented, the reason why the recommenda10 tion has not been implemented. 

11 SEC. 716. EDUCATION AND TRAINING ON USE OF PHARMA12 CEUTICALS IN REHABILITATION PROGRAMS 

13 FOR WOUNDED WARRIORS. 

14 (a) EDUCATION AND TRAINING REQUIRED.—The 

15 Secretary of Defense shall develop and implement train16 ing, available through the Internet or other means, on the 

17 use of pharmaceuticals in rehabilitation programs for seri18 ously ill or injured members of the Armed Forces. 

19 (b) RECIPIENTS OF TRAINING.—The training devel20 oped and implemented under subsection (a) shall be train21 ing for each category of individuals as follows: 

22 (1) Patients in or transitioning to a wounded 

23 warrior unit, with special accommodation in such 

24 training for such patients with cognitive disabilities. 

25 (2) Nonmedical case managers. 


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1 (3) Military leaders. 

2 (4) Family members. 

3 (c) ELEMENTS OF TRAINING.—The training devel4 oped and implemented under subsection (a) shall include 

5 the following: 

6 (1) An overview of the fundamentals of safe 

7 prescription drug use. 

8 (2) Familiarization with the benefits and risks 

9 of using pharmaceuticals in rehabilitation therapies. 

10 (3) Examples of the use of pharmaceuticals for 

11 individuals with multiple, complex injuries, including 

12 traumatic brain injury and post-traumatic stress dis13 order. 

14 (4) Familiarization with means of finding addi15 tional resources for information on pharmaceuticals. 

16 (5) Familiarization with basic elements of pain 

17 and pharmaceutical management. 

18 (6) Familiarization with complementary and al19 ternative therapies. 

20 (d) TAILORING OF TRAINING.—The training devel21 oped and implemented under subsection (a) shall appro22 priately tailor the elements specified in subsection (c) for 

23 and among each category of individuals set forth in sub24 section (b). 

25 (e) REVIEW OF PHARMACY.— 


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1 (1) REVIEW.—The Secretary shall review all 

2 policies and procedures of the Department of De3 fense regarding the use of pharmaceuticals in reha4 bilitation programs for seriously ill or injured mem5 bers of the Armed Forces. 

6 (2) RECOMMENDATIONS.—Not later than Sep7 tember 20, 2011, the Secretary shall submit to the 

8 congressional defense committees any recommenda9 tions for administrative or legislative action with re10 spect to the review under paragraph (1) as the Sec11 retary considers appropriate. 

12 Subtitle C—Other Matters 

13 SEC. 721. REPEAL OF REPORT REQUIREMENT ON SEPARA14 TIONS RESULTING FROM REFUSAL TO PAR15 TICIPATE IN ANTHRAX VACCINE IMMUNIZA16 TION PROGRAM. 

17 Section 1178 of title 10, United States Code, is 

18 amended— 

19 (1) by striking ‘‘(a) REQUIREMENT TO ESTAB20 LISH SYSTEM.—’’; and 

21 (2) by striking subsection (b). 


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1 SEC. 722. COMPREHENSIVE POLICY ON CONSISTENT NEU2 ROLOGICAL COGNITIVE ASSESSMENTS OF 

3 MEMBERS OF THE ARMED FORCES BEFORE 

4 AND AFTER DEPLOYMENT. 

5 (a) COMPREHENSIVE POLICY REQUIRED.—Not later 

6 than January 31, 2011, the Secretary of Defense shall de7 velop and implement a comprehensive policy on consistent 

8 neurological cognitive assessments of members of the 

9 Armed Forces before and after deployment. 

10 (b) UPDATES.—The Secretary shall revise the policy 

11 required by subsection (a) on a periodic basis in accord12 ance with experience and evolving best practice guidelines. 

13 SEC. 723. ASSESSMENT OF POST-TRAUMATIC STRESS DIS14 ORDER BY MILITARY OCCUPATION. 

15 (a) ASSESSMENT.—The Secretaries of the military 

16 departments shall each conduct an assessment of post17 traumatic stress disorder incidence by military occupation, 

18 including identification of military occupations with a high 

19 incidence of such disorder. 

20 (b) REPORT.—Not later than one year after the date 

21 of the enactment of this Act, the Secretaries shall each 

22 submit to the congressional defense committees a report 

23 on the assessment under subsection (a). 

24 (c) CENTERS OF EXCELLENCE.—The Secretary of 

25 Defense shall ensure that all studies, findings, plans, and 

26 reports conducted or submitted under this section are 


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1 transmitted to the centers of excellence established by sec2 tions 1621 and 1622 of the Wounded Warrior Act (title 

3 XVI of Public Law 110–181). 

4 SEC. 724. LICENSED MENTAL HEALTH COUNSELORS AND 

5 THE TRICARE PROGRAM. 

6 Not later than June 20, 2011, the Secretary of De7 fense shall prescribe the regulations required by section 

8 717 of the National Defense Authorization Act for Fiscal 

9 Year 2008 (Public Law 110–181; 10 U.S.C. 1073 note). 

10 TITLE VIII—ACQUISITION POL11 ICY, ACQUISITION MANAGE12 MENT, AND RELATED MAT13 TERS 

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 


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

uniforms. 

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

small arms production industrial base. 

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

metals. 

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

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

order contracts. 

Sec. 826. Inclusion of option amounts in limitations on authority of the Department of Defense to carry out certain prototype projects. 

Sec. 827. Permanent authority for Defense Acquisition Challenge Program; 

pilot expansion of Program. 

Sec. 828. Energy savings performance contracts. 

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

Subtitle D—Contractor Matters 

Sec. 831. Oversight and accountability of contractors performing private security functions in areas of combat operations. 

Sec. 832. Extension of regulations on contractors performing private security 

functions to areas of other significant military operations. 

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

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

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

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

Iraq and Afghanistan. 

Subtitle E—Other Matters 

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

Oversight Council. 

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

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

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

Sec. 845. Requirement for entities with facility clearances that are not under 

foreign ownership control or influence mitigation. 

Sec. 846. Procurement of photovoltaic devices. 

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. 


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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. 

1 Subtitle A—Acquisition Policy and 

2 Management 

3 SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRAC4 TORS. 

5 (a) IN GENERAL.—Section 2320 of title 10, United 

6 States Code, is amended— 

7 (1) in subsection (c)(2)— 

8 (A) by striking ‘‘subsection (a), allowing’’ 

9 and inserting ‘‘subsection (a)— 


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1 ‘‘(A) allowing’’; and 

2 (B) by adding at the end the following new 

3 subparagraph: 

4 ‘‘(B) allowing a covered litigation support 

5 contractor access to and use of any technical, 

6 proprietary, or confidential data delivered under 

7 a contract for the sole purpose of providing liti8 gation support to the Government in the form 

9 of administrative, technical, or professional 

10 services during or in anticipation of litigation; 

11 or’’; and 

12 (2) by inserting after subsection (f) the fol13 lowing: 

14 ‘‘(g) In this section, the term ‘covered litigation sup15 port contractor’ means a contractor (including an expert 

16 or technical consultant) under contract with the Depart17 ment of Defense to provide litigation support, which con18 tractor executes a contract with the Government agreeing 

19 to and acknowledging— 

20 ‘‘(1) that proprietary or nonpublic technical 

21 data furnished will be accessed and used only for the 

22 purposes stated in that contract; 

23 ‘‘(2) that the covered litigation support con24 tractor will take all reasonable steps to protect the 

25 proprietary and nonpublic nature of the technical 


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1 data furnished to the covered litigation support con2 tractor; and 

3 ‘‘(3) that such technical data provided to the 

4 covered litigation support contractor under the au5 thority of this section shall not be used by the cov6 ered litigation support contractor to compete against 

7 the third party for Government or non-Government 

8 contracts.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect on the date that is 120 

11 days after the date of the enactment of this Act. 

12 SEC. 802. DESIGNATION OF ENGINE DEVELOPMENT AND 

13 PROCUREMENT PROGRAM AS MAJOR SUB14 PROGRAM. 

15 (a) DESIGNATION AS MAJOR SUBPROGRAM.—Not 

16 later than 30 days after the date of the enactment of this 

17 Act, the Secretary of Defense shall designate an engine 

18 development and procurement program as a major subpro19 gram of the F–35 Lightning II aircraft major defense ac20 quisition program, in accordance with section 2430a of 

21 title 10, United States Code. 

22 (b) ORIGINAL BASELINE.—For purposes of reporting 

23 requirements referred to in section 2430a(b) of title 10, 

24 United States Code, for the major subprogram designated 


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1 under subsection (a), the Secretary shall use the Milestone 

2 B decision as the original baseline for the subprogram. 

3 (c) ACTIONS FOLLOWING CRITICAL COST

4 GROWTH.— 

5 (1) IN GENERAL.—Subject to paragraph (2), to 

6 the extent that the Secretary elects to restructure 

7 the Lightning II aircraft major defense acquisition 

8 program subsequent to a reassessment and actions 

9 required by subsections (a) and (c) of section 2433a 

10 of title 10, United States Code, during fiscal year 

11 2010, and also conducts such reassessment and ac12 tions with respect to an F–35 engine development 

13 and procurement program (including related report14 ing based on the original baseline as defined in sub15 section (c)), the requirements of section 2433a of 

16 such title with respect to a major subprogram des17 ignated under subsection (a) shall be considered to 

18 be met with respect to the major subprogram. 

19 (2) LIMITATION.—Actions taken in accordance 

20 with paragraph (1) shall be considered to meet the 

21 requirements of section 2433a of title 10, United 

22 States Code, with respect to a major subprogram 

23 designated under subsection (a) only to the extent 

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1 sessment and take actions pursuant to such section 

2 2433a for such a subprogram upon enactment of 

3 this Act. The requirements of such section 2433a 

4 shall not be considered to be met with respect to 

5 such a subprogram in the event that additional pro6 grammatic changes, following the date of the enact7 ment of this Act, cause the program acquisition unit 

8 cost or procurement unit cost of such a subprogram 

9 to increase by a percentage equal to or greater than 

10 the critical cost growth threshold (as defined in sec11 tion 2433(a)(5) of such title) for the subprogram. 

12 SEC. 803. ENHANCEMENT OF DEPARTMENT OF DEFENSE 

13 AUTHORITY TO RESPOND TO COMBAT AND 

14 SAFETY EMERGENCIES THROUGH RAPID AC15 QUISITION AND DEPLOYMENT OF URGENTLY 

16 NEEDED SUPPLIES. 

17 (a) REQUIREMENT TO ESTABLISH PROCEDURES.— 

18 Subsection (a) of section 806 of the Bob Stump National 

19 Defense Authorization Act for Fiscal Year 2003 (10 

20 U.S.C. 2302 note) is amended— 

21 (1) in the matter preceding paragraph (1), by 

22 striking ‘‘items’’ and inserting ‘‘supplies’’; and 

23 (2) by striking paragraph (1) and inserting the 

24 following new paragraph (1): 


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1 ‘‘(1)(A) currently under development by the De2 partment of Defense or available from the commer3 cial sector; or 

4 ‘‘(B) require only minor modifications to sup5 plies described in subparagraph (A); and’’. 

6 (b) ISSUES TO BE ADDRESSED.—Subsection (b) of 

7 such section is amended— 

8 (1) in paragraph (1)(B), by striking ‘‘items’’ 

9 and inserting ‘‘supplies’’; and 

10 (2) in paragraph (2)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘items’’ and inserting ‘‘sup13 plies’’; 

14 (B) in subparagraphs (A) and (B), by 

15 striking ‘‘an item’’ and inserting ‘‘the supplies’’; 

16 and 

17 (C) in subparagraph (C), by inserting ‘‘and 

18 utilization’’ after ‘‘deployment’’. 

19 (c) RESPONSE TO COMBAT EMERGENCIES.—Sub20 section (c) of such section is amended— 

21 (1) by striking ‘‘equipment’’ each place it ap22 pears other than paragraph (5) and inserting ‘‘sup23 plies’’; 

24 (2) by striking ‘‘combat capability’’ each place 

25 it appears; 


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1 (3) by striking ‘‘that has resulted in combat fa2 talities’’ each place it appears and inserting ‘‘that 

3 has resulted in combat casualties, or is likely to re4 sult in combat casualties’’; 

5 (4) in paragraph (1), by striking ‘‘is’’ and in6 serting ‘‘are’’; 

7 (5) in paragraph (2)— 

8 (A) in subparagraph (A), by striking ‘‘is’’ 

9 each place it appears and inserting ‘‘are’’; and 

10 (B) in subparagraph (B), by striking ‘‘fa11 talities’’ at the end and inserting ‘‘casualties’’; 

12 (6) by amending paragraph (3) to read as fol13 lows: 

14 ‘‘(3) In any fiscal year in which the Secretary makes 

15 a determination described in paragraph (1), the Secretary 

16 may use any funds available to the Department of Defense 

17 for that fiscal year for acquisitions of supplies under this 

18 section if the determination includes a written finding that 

19 the use of such funds is necessary to address the combat 

20 capability deficiency in a timely manner. The authority of 

21 this section may not be used to acquire supplies in an 

22 amount aggregating more than $200,000,000 during any 

23 such fiscal year.’’; 

24 (7) in paragraph (4)— 


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1 (A) by inserting ‘‘, in consultation with the 

2 Director of the Office of Management and 

3 Budget,’’ after ‘‘shall’’; and 

4 (B) by striking ‘‘Each such notice’’ and in5 serting ‘‘For each such determination, the no6 tice under the preceding sentence’’; and 

7 (8) in paragraph (5), by striking ‘‘that equip8 ment’’ and inserting ‘‘the supplies concerned’’. 

9 (d) WAIVER OF CERTAIN STATUES AND REGULA10 TIONS.—Subsection (d)(1) of such section is amended by 

11 striking ‘‘equipment’’ in subparagraphs (A), (B), and (C) 

12 and inserting ‘‘supplies’’. 

13 (e) TESTING REQUIREMENT.—Subsection (e) of such 

14 section is amended— 

15 (1) in paragraph (1)— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘an item’’ and inserting ‘‘the 

18 supplies’’; and 

19 (B) in subparagraph (B), by striking ‘‘of 

20 the item’’ and all that follows through ‘‘require21 ments document’’ and inserting ‘‘of the supplies 

22 in meeting the original requirements for the 

23 supplies (as stated in a statement of the urgent 

24 operational need’’; 

25 (2) in paragraph (2)— 


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1 (A) by striking ‘‘an item’’ and inserting 

2 ‘‘supplies’’; and 

3 (B) by striking ‘‘the item’’ and inserting 

4 ‘‘the supplies’’; and 

5 (3) in paragraph (3), by striking ‘‘items’’ each 

6 place it appears and inserting ‘‘supplies’’. 

7 (f) LIMITATION.—Subsection (f) of such section is 

8 amended to read as follows: 

9 ‘‘(f) LIMITATION.—In the case of supplies that are 

10 part of a major system for which a low-rate initial produc11 tion quantity determination has been made pursuant to 

12 section 2400 of title 10, United States Code, the quantity 

13 of such supplies acquired using the procedures prescribed 

14 pursuant to this section may not exceed an amount con15 sistent with complying with limitations on the quantity of 

16 articles approved for low-rate initial production for such 

17 system. Any such supplies shall be included in any relevant 

18 calculation of quantities for low-rate initial production for 

19 the system concerned.’’. 

20 SEC. 804. REVIEW OF ACQUISITION PROCESS FOR RAPID 

21 FIELDING OF CAPABILITIES IN RESPONSE TO 

22 URGENT OPERATIONAL NEEDS. 

23 (a) REVIEW OF RAPID ACQUISITION PROCESS RE24 QUIRED.— 


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1 (1) IN GENERAL.—Not later than one year 

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall complete a review of the 

4 process for the fielding of capabilities in response to 

5 urgent operational needs and submit a report on the 

6 review to the congressional defense committees. 

7 (2) REVIEW AND REPORT REQUIREMENTS.— 

8 The review pursuant to this section shall include 

9 consideration of various improvements to the acqui10 sition process for rapid fielding of capabilities in re11 sponse to urgent operational needs. For each im12 provement, the report on the review shall discuss— 

13 (A) the Department’s review of the im14 provement; 

15 (B) if the improvement is being imple16 mented by the Department, a schedule for im17 plementing the improvement; and 

18 (C) if the improvement is not being imple19 mented by the Department, an explanation of 

20 why the improvement is not being implemented. 

21 (3) IMPROVEMENTS TO BE CONSIDERED.—The 

22 improvements that shall be considered during the re23 view are the following: 

24 (A) Providing a streamlined, expedited, 

25 and tightly integrated iterative approach to— 


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1 (i) the identification and validation of 

2 urgent operational needs; 

3 (ii) the analysis of alternatives and 

4 identification of preferred solutions; 

5 (iii) the development and approval of 

6 appropriate requirements and acquisition 

7 documents; 

8 (iv) the identification and minimiza9 tion of development, integration, and man10 ufacturing risks; 

11 (v) the consideration of operation and 

12 sustainment costs; 

13 (vi) the allocation of appropriate fund14 ing; and 

15 (vii) the rapid production and delivery 

16 of required capabilities. 

17 (B) Clearly defining the roles and respon18 sibilities of the Office of the Secretary of De19 fense, the Joint Chiefs of Staff, the military de20 partments, and other components of the De21 partment of Defense for carrying out all phases 

22 of the process. 

23 (C) Designating a senior official within the 

24 Office of the Secretary of Defense with primary 

25 responsibility for making recommendations to 


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1 the Secretary on the use of the authority pro2 vided by subsections (c) and (d) of section 806 

3 of the Bob Stump National Defense Authoriza4 tion Act for Fiscal Year 2003 (10 U.S.C. 2302 

5 note), as amended by section 803 of this Act, 

6 in appropriate circumstances. 

7 (D) Establishing a target date for the 

8 fielding of a capability pursuant to each vali9 dated urgent operational need. 

10 (E) Implementing a system for— 

11 (i) documenting key process mile12 stones, such as funding, acquisition, field13 ing, and assessment decisions and actions; 

14 and 

15 (ii) tracking the cost, schedule, and 

16 performance of acquisitions conducted pur17 suant to the process. 

18 (F) Establishing a formal feedback mecha19 nism for the commanders of the combatant 

20 commands to provide information to the Joint 

21 Chiefs of Staff and senior acquisition officials 

22 on how well fielded solutions are meeting urgent 

23 operational needs. 


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1 (G) Establishing a dedicated source of 

2 funding for the rapid fielding of capabilities in 

3 response to urgent operational needs. 

4 (H) Issuing guidance to provide for the ap5 propriate transition of capabilities acquired 

6 through rapid fielding into the traditional budg7 et, requirements, and acquisition process for 

8 purposes of contracts for follow-on production, 

9 sustainment, and logistics support. 

10 (I) Such other improvements as the Sec11 retary considers appropriate. 

12 (b) DISCRIMINATING URGENT OPERATIONAL NEEDS

13 FROM TRADITIONAL REQUIREMENTS.— 

14 (1) EXPEDITED REVIEW PROCESS.—Not later 

15 than 270 days after the date of the enactment of 

16 this Act, the Secretary shall develop and implement 

17 an expedited review process to determine whether 

18 capabilities proposed as urgent operational needs are 

19 appropriate for fielding through the process for the 

20 rapid fielding of capabilities or should be fielded 

21 through the traditional acquisition process. 

22 (2) ELEMENTS.—The review process developed 

23 and implemented pursuant to paragraph (1) shall— 

24 (A) apply to the rapid fielding of capabili25 ties in response to joint urgent operational need 


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1 statements and to other urgent operational 

2 needs statements generated by the military de3 partments and the combatant commands; 

4 (B) identify officials responsible for mak5 ing determinations described in paragraph (1); 

6 (C) establish appropriate time periods for 

7 making such determinations; 

8 (D) set forth standards and criteria for 

9 making such determinations based on consider10 ations of urgency, risk, and life-cycle manage11 ment; 

12 (E) establish appropriate thresholds for 

13 the applicability of the review process, or of ele14 ments of the review process; and 

15 (F) authorize appropriate officials to make 

16 exceptions from standards and criteria estab17 lished under subparagraph (D) in exceptional 

18 circumstances. 

19 (3) COVERED CAPABILITIES.—The review proc20 ess developed and implemented pursuant to para21 graph (1) shall provide that, subject to such excep22 tions as the Secretary considers appropriate for pur23 poses of this section, the acquisition process for 

24 rapid fielding of capabilities in response to urgent 


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1 operational needs is appropriate only for capabilities 

2 that— 

3 (A) can be fielded within a period of two 

4 to 24 months; 

5 (B) do not require substantial development 

6 effort; 

7 (C) are based on technologies that are 

8 proven and available; and 

9 (D) can appropriately be acquired under 

10 fixed price contracts. 

11 (4) INCLUSION IN REPORT.—The Secretary 

12 shall include a description of the expedited review 

13 process implemented pursuant to paragraph (1) in 

14 the report required by subsection (a). 

15 SEC. 805. ACQUISITION OF MAJOR AUTOMATED INFORMA16 TION SYSTEM PROGRAMS. 

17 (a) PROGRAM TO IMPROVE INFORMATION TECH18 NOLOGY PROCESSES.— 

19 (1) IN GENERAL.—Chapter 131 of title 10, 

20 United States Code, is amended by inserting after 

21 section 2223 the following new section: 

22 ‘‘§ 2223a. Information technology acquisition plan23 ning and oversight requirements 

24 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

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1 ning and oversight processes for the acquisition of major 

2 automated information systems by the Department of De3 fense. 

4 ‘‘(b) PROGRAM COMPONENTS.—The program estab5 lished under subsection (a) shall include— 

6 ‘‘(1) a documented process for information 

7 technology acquisition planning, requirements devel8 opment and management, project management and 

9 oversight, earned value management, and risk man10 agement; 

11 ‘‘(2) the development of appropriate metrics 

12 that can be implemented and monitored on a real13 time basis for performance measurement of— 

14 ‘‘(A) processes and development status of 

15 investments in major automated information 

16 system programs; 

17 ‘‘(B) continuous process improvement of 

18 such programs; and 

19 ‘‘(C) achievement of program and invest20 ment outcomes; 

21 ‘‘(3) a process to ensure that key program per22 sonnel have an appropriate level of experience, train23 ing, and education in the planning, acquisition, exe24 cution, management, and oversight of information 

25 technology systems; 


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1 ‘‘(4) a process to ensure sufficient resources 

2 and infrastructure capacity for test and evaluation 

3 of information technology systems; 

4 ‘‘(5) a process to ensure that military depart5 ments and Defense Agencies adhere to established 

6 processes and requirements relating to the planning, 

7 acquisition, execution, management, and oversight of 

8 information technology programs and developments; 

9 and 

10 ‘‘(6) a process under which an appropriate De11 partment of Defense official may intervene or termi12 nate the funding of an information technology in13 vestment if the investment is at risk of not achieving 

14 major project milestones.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 131 of such title 

17 is amended by inserting after the item relating to 

18 section 2223 the following new item: 

‘‘2223a. Information technology acquisition planning and oversight requirements.’’. 

19 (b) ANNUAL REPORT TO CONGRESS.—Section 

20 2445b(b) of title 10, United States Code, is amended by 

21 adding at the end the following new paragraphs: 

22 ‘‘(5) For each major automated information 

23 system program for which such information has not 

24 been provided in a previous annual report— 


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1 ‘‘(A) a description of the business case 

2 analysis (if any) that has been prepared for the 

3 program and key functional requirements for 

4 the program; 

5 ‘‘(B) a description of the analysis of alter6 natives conducted with regard to the program; 

7 ‘‘(C) an assessment of the extent to which 

8 the program, or portions of the program, have 

9 technical requirements of sufficient clarity that 

10 the program, or portions of the program, may 

11 be feasibly procured under firm, fixed-price con12 tracts; 

13 ‘‘(D) the most recent independent cost es14 timate or cost analysis for the program pro15 vided by the Director of Cost Assessment and 

16 Program Evaluation in accordance with section 

17 2334(a)(6) of this title; 

18 ‘‘(E) a certification by a Department of 

19 Defense acquisition official with responsibility 

20 for the program that all technical and business 

21 requirements have been reviewed and validated 

22 to ensure alignment with the business case; and 

23 ‘‘(F) an explanation of the basis for the 

24 certification described in subparagraph (E). 


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1 ‘‘(6) For each major automated information 

2 system program for which the information required 

3 under paragraph (5) has been provided in a previous 

4 annual report, a summary of any significant changes 

5 to the information previously provided.’’. 

6 SEC. 806. REQUIREMENTS FOR INFORMATION RELATING 

7 TO SUPPLY CHAIN RISK. 

8 (a) AUTHORITY.—Subject to subsection (b), the head 

9 of a covered agency may— 

10 (1) carry out a covered procurement action; and 

11 (2) limit, notwithstanding any other provision 

12 of law, in whole or in part, the disclosure of informa13 tion relating to the basis for carrying out a covered 

14 procurement action. 

15 (b) DETERMINATION AND NOTIFICATION.—The head 

16 of a covered agency may exercise the authority provided 

17 in subsection (a) only after— 

18 (1) obtaining a joint recommendation by the 

19 Under Secretary of Defense for Acquisition, Tech20 nology, and Logistics and the Chief Information Of21 ficer of the Department of Defense, on the basis of 

22 a risk assessment by the Under Secretary of Defense 

23 for Intelligence, that there is a significant supply 

24 chain risk to a covered system; 


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1 (2) making a determination in writing, in un2 classified or classified form, with the concurrence of 

3 the Under Secretary of Defense for Acquisition, 

4 Technology, and Logistics, that— 

5 (A) use of the authority in subsection 

6 (a)(1) is necessary to protect national security 

7 by reducing supply chain risk; 

8 (B) less intrusive measures are not reason9 ably available to reduce such supply chain risk; 

10 and 

11 (C) in a case where the head of the covered 

12 agency plans to limit disclosure of information 

13 under subsection (a)(2), the risk to national se14 curity due to the disclosure of such information 

15 outweighs the risk due to not disclosing such 

16 information; and 

17 (3) providing a classified or unclassified notice 

18 of the determination made under paragraph (2) to 

19 the appropriate congressional committees, which no20 tice shall include— 

21 (A) the information required by section 

22 2304(f)(3) of title 10, United States Code; 

23 (B) the joint recommendation by the 

24 Under Secretary of Defense for Acquisition, 

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1 mation Officer of the Department of Defense as 

2 specified in paragraph (1); 

3 (C) a summary of the risk assessment by 

4 the Under Secretary of Defense for Intelligence 

5 that serves as the basis for the joint rec6 ommendation specified in paragraph (1); and 

7 (D) a summary of the basis for the deter8 mination, including a discussion of less intru9 sive measures that were considered and why 

10 they were not reasonably available to reduce 

11 supply chain risk. 

12 (c) DELEGATION.—The head of a covered agency 

13 may not delegate the authority provided in subsection (a) 

14 or the responsibility to make a determination under sub15 section (b) to an official below the level of the service ac16 quisition executive for the agency concerned. 

17 (d) LIMITATION ON DISCLOSURE.—If the head of a 

18 covered agency has exercised the authority provided in 

19 subsection (a)(2) to limit disclosure of information— 

20 (1) no action undertaken by the agency head 

21 under such authority shall be subject to review in a 

22 bid protest before the Government Accountability 

23 Office or in any Federal court; and 

24 (2) the agency head shall— 


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1 (A) notify appropriate parties of a covered 

2 procurement action and the basis for such ac3 tion only to the extent necessary to effectuate 

4 the covered procurement action; 

5 (B) notify other Department of Defense 

6 components or other Federal agencies respon7 sible for procurements that may be subject to 

8 the same or similar supply chain risk, in a man9 ner and to the extent consistent with the re10 quirements of national security; and 

11 (C) ensure the confidentiality of any such 

12 notifications. 

13 (e) DEFINITIONS.—In this section: 

14 (1) HEAD OF A COVERED AGENCY.—The term 

15 ‘‘head of a covered agency’’ means each of the fol16 lowing: 

17 (A) The Secretary of Defense. 

18 (B) The Secretary of the Army. 

19 (C) The Secretary of the Navy. 

20 (D) The Secretary of the Air Force. 

21 (2) COVERED PROCUREMENT ACTION.—The 

22 term ‘‘covered procurement action’’ means any of 

23 the following actions, if the action takes place in the 

24 course of conducting a covered procurement: 


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1 (A) The exclusion of a source that fails to 

2 meet qualification standards established in ac3 cordance with the requirements of section 2319 

4 of title 10, United States Code, for the purpose 

5 of reducing supply chain risk in the acquisition 

6 of covered systems. 

7 (B) The exclusion of a source that fails to 

8 achieve an acceptable rating with regard to an 

9 evaluation factor providing for the consideration 

10 of supply chain risk in the evaluation of pro11 posals for the award of a contract or the 

12 issuance of a task or delivery order. 

13 (C) The decision to withhold consent for a 

14 contractor to subcontract with a particular 

15 source or to direct a contractor for a covered 

16 system to exclude a particular source from con17 sideration for a subcontract under the contract. 

18 (3) COVERED PROCUREMENT.—The term ‘‘cov19 ered procurement’’ means— 

20 (A) a source selection for a covered system 

21 or a covered item of supply involving either a 

22 performance specification, as provided in sec23 tion 2305(a)(1)(C)(ii) of title 10, United States 

24 Code, or an evaluation factor, as provided in 


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1 section 2305(a)(2)(A) of such title, relating to 

2 supply chain risk; 

3 (B) the consideration of proposals for and 

4 issuance of a task or delivery order for a cov5 ered system or a covered item of supply, as pro6 vided in section 2304c(d)(3) of title 10, United 

7 States Code, where the task or delivery order 

8 contract concerned includes a contract clause 

9 establishing a requirement relating to supply 

10 chain risk; or 

11 (C) any contract action involving a con12 tract for a covered system or a covered item of 

13 supply where such contract includes a clause es14 tablishing requirements relating to supply chain 

15 risk. 

16 (4) SUPPLY CHAIN RISK.—The term ‘‘supply 

17 chain risk’’ means the risk that an adversary may 

18 sabotage, maliciously introduce unwanted function, 

19 or otherwise subvert the design, integrity, manufac20 turing, production, distribution, installation, oper21 ation, or maintenance of a covered system so as to 

22 surveil, deny, disrupt, or otherwise degrade the func23 tion, use, or operation of such system. 

24 (5) COVERED SYSTEM.—The term ‘‘covered sys25 tem’’ means a national security system, as that term 


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1 is defined in section 3542(b) of title 44, United 

2 States Code. 

3 (6) COVERED ITEM OF SUPPLY.—The term 

4 ‘‘covered item of supply’’ means an item of informa5 tion technology (as that term is defined in section 

6 11101 of title 40, United States Code) that is pur7 chased for inclusion in a covered system, and the 

8 loss of integrity of which could result in a supply 

9 chain risk for a covered system. 

10 (7) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means— 

13 (A) in the case of a covered system in14 cluded in the National Intelligence Program or 

15 the Military Intelligence Program, the Select 

16 Committee on Intelligence of the Senate, the 

17 Permanent Select Committee on Intelligence of 

18 the House of Representatives, and the congres19 sional defense committees; and 

20 (B) in the case of a covered system not 

21 otherwise included in subparagraph (A), the 

22 congressional defense committees. 

23 (f) EFFECTIVE DATE.—The requirements of this sec24 tion shall take effect on the date that is 180 days after 

25 the date of the enactment of this Act and shall apply to— 


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1 (1) contracts that are awarded on or after such 

2 date; and 

3 (2) task and delivery orders that are issued on 

4 or after such date pursuant to contracts that award5 ed before, on, or after such date. 

6 (g) SUNSET.—The authority provided in this section 

7 shall expire on the date that is three years after the date 

8 of the enactment of this Act. 

9 Subtitle B—Provisions Relating to 

10 Major Defense Acquisition Pro11 grams 

12 SEC. 811. COST ESTIMATES FOR PROGRAM BASELINES AND 

13 CONTRACT NEGOTIATIONS FOR MAJOR DE14 FENSE ACQUISITION AND MAJOR AUTO15 MATED INFORMATION SYSTEM PROGRAMS. 

16 Section 2334 of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (d)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘paragraph (2)’’ and 

21 inserting ‘‘paragraph (3)’’; and 

22 (ii) by striking ‘‘, the rationale for se23 lecting such confidence level, and, if such 

24 confidence level is less than 80 percent, the 

25 justification for selecting a confidence level 


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1 of less than 80 percent; and’’ and inserting 

2 ‘‘and the rationale for selecting such con3 fidence level;’’; 

4 (B) by redesignating paragraph (2) as 

5 paragraph (3); and 

6 (C) by inserting after paragraph (1) the 

7 following new paragraph (2): 

8 ‘‘(2) ensure that such confidence level provides 

9 a high degree of confidence that the program can be 

10 completed without the need for significant adjust11 ment to program budgets; and’’; 

12 (2) by redesignating subsections (e) and (f) as 

13 subsections (f) and (g), respectively; and 

14 (3) by inserting after subsection (d) the fol15 lowing new subsection (e): 

16 ‘‘(e) ESTIMATES FOR PROGRAM BASELINE AND

17 ANALYSES AND TARGETS FOR CONTRACT NEGOTIATION

18 PURPOSES.—(1) The policies, procedures, and guidance 

19 issued by the Director of Cost Assessment and Program 

20 Evaluation in accordance with the requirements of sub21 section (a) shall provide that— 

22 ‘‘(A) cost estimates developed for baseline de23 scriptions and other program purposes conducted 

24 pursuant to subsection (a)(6) are not to be used for 


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1 the purpose of contract negotiations or the obliga2 tion of funds; and 

3 ‘‘(B) cost analyses and targets developed for 

4 the purpose of contract negotiations and the obliga5 tion of funds are based on the Government’s reason6 able expectation of successful contractor perform7 ance in accordance with the contractor’s proposal 

8 and previous experience. 

9 ‘‘(2) The Program Manager and contracting officer 

10 for each major defense acquisition program and major 

11 automated information system program shall ensure that 

12 cost analyses and targets developed for the purpose of con13 tract negotiations and the obligation of funds are carried 

14 out in accordance with the requirements of paragraph (1) 

15 and the policies, procedures, and guidance issued by the 

16 Director of Cost Assessment and Program Evaluation. 

17 ‘‘(3) Funds that are made available for a major de18 fense acquisition program or major automated information 

19 system program in accordance with a cost estimate con20 ducted pursuant to subsection (a)(6), but are excess to 

21 a cost analysis or target developed pursuant to paragraph 

22 (2), shall remain available for obligation in accordance 

23 with the terms of applicable authorization and appropria24 tions Acts. 

25 ‘‘(4) Funds described in paragraph (3)— 


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1 ‘‘(A) may be used— 

2 ‘‘(i) to cover any increased program costs 

3 identified by a revised cost analysis or target 

4 developed pursuant to paragraph (2); 

5 ‘‘(ii) to acquire additional end items in ac6 cordance with the requirements of section 2308 

7 of this title; or 

8 ‘‘(iii) to cover the cost of risk reduction 

9 and process improvements; and 

10 ‘‘(B) may be reprogrammed, in accordance with 

11 established procedures, only if determined to be ex12 cess to program needs on the basis of a cost esti13 mate developed with the concurrence of the Director 

14 of Cost Assessment and Program Evaluation.’’. 

15 SEC. 812. MANAGEMENT OF MANUFACTURING RISK IN 

16 MAJOR DEFENSE ACQUISITION PROGRAMS. 

17 (a) GUIDANCE REQUIRED.—Not later than 180 days 

18 after the date of the enactment of this Act, the Secretary 

19 of Defense shall issue comprehensive guidance on the 

20 management of manufacturing risk in major defense ac21 quisition programs. 

22 (b) ELEMENTS.—The guidance issued under sub23 section (a) shall, at a minimum— 

24 (1) require the use of manufacturing readiness 

25 levels as a basis for measuring, assessing, reporting, 


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1 and communicating manufacturing readiness and 

2 risk on major defense acquisition programs through3 out the Department of Defense; 

4 (2) provide guidance on the definition of manu5 facturing readiness levels and how manufacturing 

6 readiness levels should be used to assess manufac7 turing risk and readiness in major defense acquisi8 tion programs; 

9 (3) specify manufacturing readiness levels that 

10 should be achieved at key milestones and decision 

11 points for major defense acquisition programs; 

12 (4) identify tools and models that may be used 

13 to assess, manage, and reduce risks that are identi14 fied in the course of manufacturing readiness assess15 ments for major defense acquisition programs; and 

16 (5) require appropriate consideration of the 

17 manufacturing readiness and manufacturing readi18 ness processes of potential contractors and sub19 contractors as a part of the source selection process 

20 for major defense acquisition programs. 

21 (c) MANUFACTURING READINESS EXPERTISE.—The 

22 Secretary shall ensure that— 

23 (1) the acquisition workforce chapter of the an24 nual strategic workforce plan required by section 

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1 sessment of the critical manufacturing readiness 

2 knowledge and skills needed in the acquisition work3 force and a plan of action for addressing any gaps 

4 in such knowledge and skills; and 

5 (2) the need of the Department for manufac6 turing readiness knowledge and skills is given appro7 priate consideration, comparable to the consideration 

8 given to other program management functions, as 

9 the Department identifies areas of need for funding 

10 through the Defense Acquisition Workforce Develop11 ment Fund established in accordance with the re12 quirements of section 1705 of title 10, United States 

13 Code. 

14 (d) MAJOR DEFENSE ACQUISITION PROGRAM DE15 FINED.—In this section, the term ‘‘major defense acquisi16 tion program’’ has the meaning given that term in section 

17 2430(a) of title 10, United States Code. 

18 SEC. 813. MODIFICATION AND EXTENSION OF REQUIRE19 MENTS OF THE WEAPON SYSTEM ACQUISI20 TION REFORM ACT OF 2009. 

21 (a) EXTENSION OF REPORTING REQUIREMENTS.— 

22 Section 102(b) of the Weapon Systems Acquisition Re23 form Act of 2009 (Public Law 111–23; 123 Stat. 1714; 

24 10 U.S.C. 2430 note) is amended— 


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1 (1) in paragraph (2), by inserting ‘‘, and not 

2 later than February 15 of each year from 2011 

3 through 2014’’ after ‘‘Not later than 180 days after 

4 the date of the enactment of this Act’’; and 

5 (2) in paragraph (3), by striking ‘‘The first an6 nual report’’ and inserting ‘‘Each annual report 

7 from 2010 through 2014’’. 

8 (b) CLARIFICATION THAT PROTOTYPES MAY BE AC9 QUIRED FROM COMMERCIAL, GOVERNMENT, OR ACA10 DEMIC SOURCES.—Paragraph (4) of section 203(a) of the 

11 Weapon Systems Acquisition Reform Act of 2009 (Public 

12 Law 111–23; 123 Stat. 1722; 10 U.S.C. 2430 note) is 

13 amended to read as follows: 

14 ‘‘(4) That prototypes— 

15 ‘‘(A) may be required under paragraph (1) 

16 or (3) for the system to be acquired or, if proto17 typing of the system is not feasible, for critical 

18 subsystems of the system; and 

19 ‘‘(B) may be acquired from commercial, 

20 government, or academic sources.’’. 

21 (c) CLARIFICATION THAT CERTIFICATIONS ARE NOT

22 REQUIRED FOR MAJOR DEFENSE ACQUISITION PRO23 GRAMS FOLLOWING MILESTONE C APPROVAL.—Section 

24 204(c)(2) of the Weapon Systems Acquisition Reform Act 

25 of 2009 (123 Stat. 1724) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (2) in subparagraph (B), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(C) has not yet achieved a Milestone C 

8 approval.’’. 

9 (d) CLARIFICATION THAT CERTAIN MILESTONE B 

10 CERTIFICATION CRITERIA MAY BE WAIVED.— 

11 (1) WAIVER AUTHORITY.—Effective as of May 

12 22, 2009, section 2366b(d) of title 10, United States 

13 Code, as amended by section 205(a)(1) of the Weap14 on Systems Acquisition Reform Act of 2009 (123 

15 Stat. 1724), is amended— 

16 (A) in paragraph (1), by striking ‘‘speci17 fied in paragraph (1) or (2) of subsection (a)’’ 

18 and inserting ‘‘specified in paragraph (1), (2), 

19 or (3) of subsection (a)’’; and 

20 (B) in paragraph (2), by striking ‘‘speci21 fied in paragraphs (1) and (2) of subsection 

22 (a)’’ and inserting ‘‘specified in paragraphs (1), 

23 (2), and (3) of subsection (a)’’. 

24 (2) DETERMINATION REGARDING SATISFACTION

25 OF CERTIFICATION COMPONENTS.—Effective as of 


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1 May 22, 2009, and as if included therein as enacted, 

2 section 205(b)(1) of the Weapon Systems Acquisi3 tion Reform Act of 2009 (10 U.S.C. 2366b note) is 

4 amended by striking ‘‘certification components speci5 fied in paragraphs (1) and (2) of subsection (a) of 

6 section 2366b of title 10, United States Code’’ and 

7 inserting ‘‘certification components specified in para8 graphs (1), (2), and (3) of subsection (a) of section 

9 2366b of title 10, United States Code’’. 

10 (e) CORRECTION TO REFERENCE.—Effective as of 

11 May 22, 2009, and as if included therein as enacted, sec12 tion 205(c) of the Weapon Systems Acquisition Reform 

13 Act of 2009 (10 U.S.C. 2433a note) is amended by strik14 ing ‘‘section 2433a(c)(3)’’ and inserting ‘‘section 

15 2433a(c)(1)(C)’’. 

16 SEC. 814. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR 

17 DEFENSE ACQUISITION PROGRAMS UNDER 

18 VARIOUS ACQUISITION-RELATED REQUIRE19 MENTS. 

20 (a) REPORTING REQUIREMENTS.—Section 2430a(b) 

21 of title 10, United States Code, is amended— 

22 (1) by redesignating paragraphs (1) and (2) as 

23 subparagraphs (A) and (B), respectively; 

24 (2) by inserting ‘‘(1)’’ before ‘‘If the Sec25 retary’’; 


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1 (3) in subparagraph (A), as so redesignated, by 

2 inserting ‘‘(other than as provided in paragraph 

3 (2))’’ before the semicolon; and 

4 (4) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) For a major defense acquisition program for 

7 which a designation of a major subprogram has been made 

8 under subsection (a), unit costs under this chapter shall 

9 be submitted in accordance with the definitions in sub10 section (d).’’. 

11 (b) MILESTONE A APPROVAL CERTIFICATION RE12 QUIREMENTS.—Section 2366a of such title is amended— 

13 (1) in subsection (b)— 

14 (A) in paragraph (1), by striking ‘‘a major 

15 defense acquisition program certified by the 

16 Milestone Decision Authority under subsection 

17 (a), if the projected cost of the program’’ and 

18 inserting ‘‘a major defense acquisition program 

19 certified by the Milestone Decision Authority 

20 under subsection (a) or a designated major sub21 program of such program, if the projected cost 

22 of the program or subprogram’’; and 

23 (B) in paragraph (2), by inserting ‘‘or des24 ignated major subprogram’’ after ‘‘major de25 fense acquisition program’’; and 


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1 (2) in subsection (c)— 

2 (A) by redesignating paragraphs (2), (3), 

3 (4), and (5) as paragraphs (3), (4), (5), and 

4 (6), respectively; and 

5 (B) by inserting after paragraph (1) the 

6 following new paragraph (2): 

7 ‘‘(2) The term ‘designated major subprogram’ 

8 means a major subprogram of a major defense ac9 quisition program designated under section 

10 2430a(a)(1) of this title.’’. 

11 (c) MILESTONE B APPROVAL CERTIFICATION RE12 QUIREMENTS.—Section 2366b of such title is amended— 

13 (1) in subsection (b)(1)— 

14 (A) by striking ‘‘any changes to the pro15 gram’’ and inserting ‘‘any changes to the pro16 gram or a designated major subprogram of 

17 such program’’; and 

18 (B) in subparagraph (B), by striking ‘‘oth19 erwise cause the program’’ and inserting ‘‘oth20 erwise cause the program or subprogram’’; and 

21 (2) in subsection (g)— 

22 (A) by redesignating paragraphs (2), (3), 

23 and (4) as paragraphs (3), (4), and (5), respec24 tively; and 


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1 (B) by inserting after paragraph (1) the 

2 following new paragraph (2): 

3 ‘‘(2) The term ‘designated major subprogram’ 

4 means a major subprogram of a major defense ac5 quisition program designated under section 

6 2430a(a)(1) of this title.’’. 

7 (d) CONFORMING AMENDMENTS TO SECTION

8 2399.—Subsection (a) of section 2399 of such title is 

9 amended to read as follows: 

10 ‘‘(a) CONDITION FOR PROCEEDING BEYOND LOW11 RATE INITIAL PRODUCTION.—(1) The Secretary of De12 fense shall provide that a covered major defense acquisi13 tion program or a covered designated major subprogram 

14 may not proceed beyond low-rate initial production until 

15 initial operational test and evaluation of the program or 

16 subprogram is completed. 

17 ‘‘(2) In this subsection: 

18 ‘‘(A) The term ‘covered major defense acquisi19 tion program’ means a major defense acquisition 

20 program that involves the acquisition of a weapon 

21 system that is a major system within the meaning 

22 of that term in section 2302(5) of this title. 

23 ‘‘(B) The term ‘covered designated major sub24 program’ means a major subprogram designated 

25 under section 2430a(a)(1) of this title that is a 


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1 major subprogram of a covered major defense acqui2 sition program.’’. 

3 (e) CONFORMING AMENDMENTS TO SECTION

4 2434.—Section 2434(a) of such title is amended— 

5 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 

6 Defense’’; and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) The provisions of this section shall apply to any 

10 major subprogram of a major defense acquisition program 

11 (as designated under section 2430a(a)(1) of this title) in 

12 the same manner as those provisions apply to a major de13 fense acquisition program, and any reference in this sec14 tion to a program shall be treated as including such a sub15 program.’’. 

16 Subtitle C—Amendments to Gen17 eral Contracting Authorities, 

18 Procedures, and Limitations 

19 SEC. 821. PROVISIONS RELATING TO FIRE RESISTANT 

20 FIBER FOR PRODUCTION OF MILITARY UNI21 FORMS. 

22 (a) EXTENSION.—Section 829 of the National De23 fense Authorization Act for Fiscal Year 2008 (Public Law 

24 110–181; 122 Stat. 229; 10 U.S.C. 2533a note) is amend25 ed in subsection (f) by striking ‘‘on the date that is five 


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1 years after the date of the enactment of this Act’’ and 

2 inserting ‘‘on January 1, 2015’’. 

3 (b) PROHIBITION ON SPECIFICATION IN SOLICITA4 TIONS.—No solicitation issued before January 1, 2015, by 

5 the Department of Defense may include a requirement 

6 that proposals submitted pursuant to such solicitation 

7 must include the use of fire resistant rayon fiber. 

8 (c) REPORT REQUIRED.— 

9 (1) IN GENERAL.—Not later than March 15, 

10 2011, the Comptroller General of the United States 

11 shall submit to the Committees on Armed Services 

12 of the Senate and the House of Representatives a 

13 report on the supply chain for fire resistant fiber for 

14 the production of military uniforms. 

15 (2) ELEMENTS.—The report required by para16 graph (1) shall include, at a minimum, an analysis 

17 of the following: 

18 (A) The current and anticipated sources of 

19 fire resistant rayon fiber for the production of 

20 military uniforms. 

21 (B) The extent to which fire resistant 

22 rayon fiber has unique properties that provide 

23 advantages for the production of military uni24 forms. 


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1 (C) The extent to which the efficient pro2 curement of fire resistant rayon fiber for the 

3 production of military uniforms is impeded by 

4 existing statutory or regulatory requirements. 

5 (D) The actions the Department of De6 fense has taken to identify alternatives to fire 

7 resistant rayon fiber for the production of mili8 tary uniforms. 

9 (E) The extent to which such alternatives 

10 provide an adequate substitute for fire resistant 

11 rayon fiber for the production of military uni12 forms. 

13 (F) The impediments to the use of such al14 ternatives, and the actions the Department has 

15 taken to overcome such impediments. 

16 (G) The extent to which uncertainty re17 garding the future availability of fire resistant 

18 rayon fiber results in instability or inefficiency 

19 for elements of the United States textile indus20 try that use fire resistant rayon fiber, and the 

21 extent to which that instability or inefficiency 

22 results in less efficient business practices, im23 pedes investment and innovation, and thereby 

24 results or may result in higher costs, delayed 


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1 delivery, or a lower quality of product delivered 

2 to the Government. 

3 (H) The extent to which any modifications 

4 to existing law or regulation may be necessary 

5 to ensure the efficient acquisition of fire resist6 ant fiber or alternative fire resistant products 

7 for the production of military uniforms. 

8 SEC. 822. REPEAL OF REQUIREMENT FOR CERTAIN PRO9 CUREMENTS FROM FIRMS IN THE SMALL 

10 ARMS PRODUCTION INDUSTRIAL BASE. 

11 (a) REPEAL.—Section 2473 of title 10, United States 

12 Code, is repealed. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 146 of such title is amended 

15 by striking the item relating to section 2473. 

16 SEC. 823. REVIEW OF REGULATORY DEFINITION RELATING 

17 TO PRODUCTION OF SPECIALTY METALS. 

18 (a) REVIEW REQUIRED.—The Secretary of Defense 

19 shall review the regulations specified in subsection (b) to 

20 ensure that the definition of the term ‘‘produce’’ in such 

21 regulations complies with the requirements of section 

22 2533b of title 10, United States Code. In carrying out 

23 the review, the Secretary shall seek public comment, con24 sider congressional intent, and revise the regulations as 

25 the Secretary considers necessary and appropriate. 


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1 (b) REGULATIONS SPECIFIED.—The regulations re2 ferred to in subsection (a) are any portion of subpart 

3 252.2 of the defense supplement to the Federal Acquisi4 tion Regulation that includes a definition of the term 

5 ‘‘produce’’ for purposes of implementing section 2533b of 

6 title 10, United States Code. 

7 (c) COMPLETION OF REVIEW.—The Secretary shall 

8 complete the review required by subsection (a) and any 

9 necessary and appropriate revisions to the defense supple10 ment to the Federal Acquisition Regulation not later than 

11 270 days after the date of the enactment of this Act. 

12 SEC. 824. GUIDANCE RELATING TO RIGHTS IN TECHNICAL 

13 DATA. 

14 (a) REVIEW OF GUIDANCE.—Not later than 180 days 

15 after the date of the enactment of this Act, the Secretary 

16 of Defense shall review guidance issued by the military 

17 departments on the implementation of section 2320(e) of 

18 title 10, United States Code, to ensure that such guidance 

19 is consistent with the guidance issued by the Under Sec20 retary of Defense for Acquisition, Technology, and Logis21 tics and the requirements of this section. Such guidance 

22 shall be designed to ensure that the United States— 

23 (1) preserves the option of competition for con24 tracts for the production and sustainment of systems 

25 or subsystems that are developed exclusively with 


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1 Federal funds as defined in accordance with the 

2 amendments made by this section; and 

3 (2) is not required to pay more than once for 

4 the same technical data. 

5 (b) RIGHTS IN TECHNICAL DATA.—Section 2320(a) 

6 of title 10, United States Code, is amended— 

7 (1) in paragraph (2)(F)(i)— 

8 (A) by redesignating subclauses (I) and 

9 (II) as subclauses (II) and (III), respectively; 

10 and 

11 (B) by inserting before subclause (II), as 

12 so redesignated, the following new subclause 

13 (I): 

14 ‘‘(I) rights in technical data described 

15 in subparagraph (A) for which a use or re16 lease restriction has been erroneously as17 serted by a contractor or subcontractor;’’; 

18 and 

19 (2) in paragraph (3), by striking ‘‘for the pur20 poses of definitions under this paragraph’’ and in21 serting ‘‘for the purposes of paragraph (2)(B), but 

22 shall be considered to be Federal funds for the pur23 poses of paragraph (2)(A)’’. 


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1 (c) VALIDATION OF PROPRIETARY DATA RESTRIC2 TIONS.—Section 2321(d)(2) of title 10, United States 

3 Code, is amended— 

4 (1) in subparagraph (A), by striking ‘‘A chal5 lenge’’ and inserting ‘‘Except as provided in sub6 paragraph (C), a challenge’’; and 

7 (2) by adding at the end the following new sub8 paragraph (C): 

9 ‘‘(C) The limitation in this paragraph shall not apply 

10 to a case in which the Secretary finds that reasonable 

11 grounds exist to believe that a contractor or subcontractor 

12 has erroneously asserted a use or release restriction with 

13 regard to technical data described in section 

14 2320(a)(2)(A) of this title.’’. 

15 SEC. 825. EXTENSION OF SUNSET DATE FOR CERTAIN PRO16 TESTS OF TASK AND DELIVERY ORDER CON17 TRACTS. 

18 Paragraph (3) of section 2304c(e) of title 10, United 

19 States Code, is amended to read as follows: 

20 ‘‘(3) Paragraph (1)(B) and paragraph (2) of this sub21 section shall not be in effect after September 30, 2016.’’. 


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1 SEC. 826. INCLUSION OF OPTION AMOUNTS IN LIMITA2 TIONS ON AUTHORITY OF THE DEPARTMENT 

3 OF DEFENSE TO CARRY OUT CERTAIN PRO4 TOTYPE PROJECTS. 

5 Section 845 of the National Defense Authorization 

6 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amend7 ed— 

8 (1) in subsection (a)(2)— 

9 (A) in subparagraph (A), by inserting ‘‘(in10 cluding all options)’’ after ‘‘not in excess of 

11 $100,000,000’’; and 

12 (B) in subparagraph (B), by inserting 

13 ‘‘(including all options)’’ after ‘‘in excess of 

14 $100,000,000’’; and 

15 (2) in subsection (e)(3)(A), by inserting ‘‘(in16 cluding all options)’’ after ‘‘does not exceed 

17 $50,000,000’’. 

18 SEC. 827. PERMANENT AUTHORITY FOR DEFENSE ACQUISI19 TION CHALLENGE PROGRAM; PILOT EXPAN20 SION OF PROGRAM. 

21 (a) PERMANENT AUTHORITY.—Section 2359b of title 

22 10, United States Code, is amended— 

23 (1) by striking subsections (j) and (k); and 

24 (2) by redesignating subsection (l) as subsection 

25 (j). 


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1 (b) PILOT PROGRAM.—Section 2359b of title 10, 

2 United States Code, as amended by subsection (a), is fur3 ther amended by adding at the end the following new sub4 section (k): 

5 ‘‘(k) PILOT PROGRAM FOR PROGRAMS OTHER THAN

6 MAJOR DEFENSE ACQUISITION PROGRAMS.— 

7 ‘‘(1) IN GENERAL.—The Under Secretary of 

8 Defense for Acquisition, Technology, and Logistics 

9 shall carry out a pilot program to expand the use of 

10 the authority provided in this section to provide op11 portunities for the introduction of innovative and 

12 cost-saving approaches to programs other than 

13 major defense acquisition programs through the sub14 mission, review, and implementation, where appro15 priate, of qualifying proposals. 

16 ‘‘(2) QUALIFYING PROPOSALS.—For purposes 

17 of this subsection, a qualifying proposal is an offer 

18 to supply a nondevelopmental item that— 

19 ‘‘(A) is evaluated as achieving a level of 

20 performance that is at least equal to the level 

21 of performance of an item being procured under 

22 a covered acquisition program and as providing 

23 savings in excess of 15 percent after consid24 ering all costs to the Government of imple25 menting such proposal; or 


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1 ‘‘(B) is evaluated as achieving a level of 

2 performance that is significantly better than the 

3 level of performance of an item being procured 

4 under a covered acquisition program without 

5 any increase in cost to the Government. 

6 ‘‘(3) REVIEW PROCEDURES.—The Under Sec7 retary shall adopt modifications as may be needed to 

8 the procedures applicable to the Challenge Program 

9 to provide for Department of Defense review of, and 

10 action on, qualifying proposals. Such procedures 

11 shall include, at a minimum, the issuance of a broad 

12 agency announcement inviting interested parties to 

13 submit qualifying proposals in areas of interest to 

14 the Department. 

15 ‘‘(4) DEFINITIONS.—In this subsection: 

16 ‘‘(A) NONDEVELOPMENTAL ITEM.—The 

17 term ‘nondevelopmental item’ has the meaning 

18 given that term in section 4 of the Office of 

19 Federal Procurement Policy Act (41 U.S.C. 

20 403). 

21 ‘‘(B) COVERED ACQUISITION PROGRAM.— 

22 The term ‘covered acquisition program’ means 

23 any acquisition program of the Department of 

24 Defense other than a major defense acquisition 

25 program, but does not include any contract 


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1 awarded under an exception to competitive ac2 quisition authorized by the Small Business Act 

3 (15 U.S.C. 631 et seq.) 

4 ‘‘(C) LEVEL OF PERFORMANCE.—The 

5 term ‘level of performance’, with respect to a 

6 nondevelopmental item, means the extent to 

7 which the item demonstrates required item 

8 functional characteristics. 

9 ‘‘(5) SUNSET.—The authority to carry out the 

10 pilot program under this subsection shall terminate 

11 on the date that is five years after the date of the 

12 enactment of this Act.’’. 

13 SEC. 828. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

14 (a) COMPETITION REQUIREMENTS FOR TASK OR DE15 LIVERY ORDERS UNDER ENERGY SAVINGS PERFORM16 ANCE CONTRACTS.—Section 801 of the National Energy 

17 Conservation Policy Act (42 U.S.C. 8287) is amended by 

18 adding at the end the following: 

19 ‘‘(c) TASK OR DELIVERY ORDERS.—(1) The head of 

20 a Federal agency may issue a task or delivery order under 

21 an energy savings performance contract by— 

22 ‘‘(A) notifying all contractors that have received 

23 an award under such contract that the agency pro24 poses to discuss energy savings performance services 

25 for some or all of its facilities and, following a reaVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 sonable period of time to provide a proposal in re2 sponse to the notice, soliciting from such contractors 

3 the submission of expressions of interest in, and con4 tractor qualifications for, performing site surveys or 

5 investigations and feasibility designs and studies, 

6 and including in the notice summary information 

7 concerning energy use for any facilities that the 

8 agency has specific interest in including in such task 

9 or delivery order; 

10 ‘‘(B) reviewing all expressions of interest and 

11 qualifications submitted pursuant to the notice 

12 under subparagraph (A); 

13 ‘‘(C) selecting two or more contractors (from 

14 among those reviewed under subparagraph (B)) to 

15 conduct discussions concerning the contractors’ re16 spective qualifications to implement potential energy 

17 conservation measures, including— 

18 ‘‘(i) requesting references and specific de19 tailed examples with respect to similar efforts 

20 and the resulting energy savings of such similar 

21 efforts; and 

22 ‘‘(ii) requesting an explanation of how such 

23 similar efforts relate to the scope and content 

24 of the task or delivery order concerned; 

25 ‘‘(D) selecting and authorizing— 


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1 ‘‘(i) more than one contractor (from 

2 among those selected under subparagraph (C)) 

3 to conduct site surveys, investigations, feasi4 bility designs and studies, or similar assess5 ments for the energy savings performance con6 tract services (or for discrete portions of such 

7 services), for the purpose of allowing each such 

8 contractor to submit a firm, fixed-price proposal 

9 to implement specific energy conservation meas10 ures; or 

11 ‘‘(ii) one contractor (from among those se12 lected under subparagraph (C)) to conduct a 

13 site survey, investigation, feasibility design and 

14 study, or similar assessment for the purpose of 

15 allowing the contractor to submit a firm, fixed16 price proposal to implement specific energy con17 servation measures; 

18 ‘‘(E) providing a debriefing to any contractor 

19 not selected under subparagraph (D); 

20 ‘‘(F) negotiating a task or delivery order for en21 ergy savings performance contracting services with 

22 the contractor or contractors selected under sub23 paragraph (D) based on the energy conservation 

24 measures identified; and 


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1 ‘‘(G) issuing a task or delivery order for energy 

2 savings performance contracting services to such 

3 contractor or contractors. 

4 ‘‘(2) The issuance of a task or delivery order for en5 ergy savings performance contracting services pursuant to 

6 paragraph (1) is deemed to satisfy the task and delivery 

7 order competition requirements in section 2304c(d) of title 

8 10, United States Code, and section 303J(d) of the Fed9 eral Property and Administrative Services Act of 1949 (41 

10 U.S.C. 253j(d)). 

11 ‘‘(3) The Secretary may issue guidance as necessary 

12 to agencies issuing task or delivery orders pursuant to 

13 paragraph (1).’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) is inapplicable to task or delivery orders 

16 issued before the date of enactment of this Act. 

17 SEC. 829. DEFINITION OF MATERIALS CRITICAL TO NA18 TIONAL SECURITY. 

19 (a) DEFINITIONS.—Section 187 of title 10, United 

20 States Code, is amended by adding at the end the fol21 lowing new subsection: 

22 ‘‘(e) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘materials critical to national se24 curity’ means materials— 


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1 ‘‘(A) upon which the production or 

2 sustainment of military equipment is depend3 ent; and 

4 ‘‘(B) the supply of which could be re5 stricted by actions or events outside the control 

6 of the Government of the United States. 

7 ‘‘(2) The term ‘military equipment’ means 

8 equipment used directly by the armed forces to carry 

9 out military operations. 

10 ‘‘(3) The term ‘secure supply’, with respect to 

11 a material, means the availability of a source or 

12 sources for the material, including the full supply 

13 chain for the material and components containing 

14 the material.’’. 

15 (b) AMENDMENT RELATING TO DUTIES.—Subsection 

16 (b) of section 187 of such title is amended to read as fol17 lows: 

18 ‘‘(b) DUTIES.—In addition to other matters assigned 

19 to it by the Secretary of Defense, the Board shall— 

20 ‘‘(1) determine the need to provide a long term 

21 secure supply of materials designated as critical to 

22 national security to ensure that national defense 

23 needs are met; 

24 ‘‘(2) analyze the risk associated with each mate25 rial designated as critical to national security and 


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1 the effect on national defense that the nonavail2 ability of such material would have; 

3 ‘‘(3) recommend a strategy to the President to 

4 ensure a secure supply of materials designated as 

5 critical to national security; 

6 ‘‘(4) recommend such other strategies to the 

7 President as the Board considers appropriate to 

8 strengthen the industrial base with respect to mate9 rials critical to national security; and 

10 ‘‘(5) publish not less frequently than once every 

11 two years in the Federal Register recommendations 

12 regarding materials critical to national security, in13 cluding a list of specialty metals, if any, rec14 ommended for addition to, or removal from, the defi15 nition of ‘specialty metal’ for purposes of section 

16 2533b of this title.’’. 

17 Subtitle D—Contractor Matters 

18 SEC. 831. OVERSIGHT AND ACCOUNTABILITY OF CONTRAC19 TORS PERFORMING PRIVATE SECURITY 

20 FUNCTIONS IN AREAS OF COMBAT OPER21 ATIONS. 

22 (a) ENHANCEMENT OF OVERSIGHT AND ACCOUNT23 ABILITY.—Section 862 of the National Defense Authoriza24 tion Act for Fiscal Year 2008 (Public Law 110–181; 10 

25 U.S.C. 2302 note) is amended— 


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1 (1) in subsection (b)(2)— 

2 (A) in subparagraph (A), by striking 

3 ‘‘comply with regulations’’ and inserting ‘‘en4 sure that the contractor and all employees of 

5 the contractor or any subcontractor who are re6 sponsible for performing private security func7 tions under such contract comply with regula8 tions’’; 

9 (B) in subparagraph (B)— 

10 (i) by striking ‘‘comply with’’ and all 

11 that follows through ‘‘in accordance with’’ 

12 and inserting ‘‘ensure that the contractor 

13 and all employees of the contractor or any 

14 subcontractor who are responsible for per15 forming private security functions under 

16 such contract comply with’’; and 

17 (ii) by striking ‘‘and’’ at the end; 

18 (C) in subparagraph (C), by striking the 

19 period at the end and inserting ‘‘; and’’; and 

20 (D) by adding at the end the following new 

21 subparagraph: 

22 ‘‘(D) ensure that the contract clause is in23 cluded in subcontracts awarded to any subcon24 tractor at any tier who is responsible for perVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 forming private security functions under the 

2 contract.’’; 

3 (2) by redesignating subsections (c) and (d) as 

4 subsections (f) and (g), respectively; and 

5 (3) by inserting after subsection (b) the fol6 lowing new subsections: 

7 ‘‘(c) OVERSIGHT.—It shall be the responsibility of the 

8 head of the contracting activity responsible for each cov9 ered contract to ensure that the contracting activity takes 

10 appropriate steps to assign sufficient oversight personnel 

11 to the contract to— 

12 ‘‘(1) ensure that the contractor responsible for 

13 performing private security functions under such 

14 contract comply with the regulatory requirements 

15 prescribed pursuant to subsection (a) and the con16 tract requirements established pursuant to sub17 section (b); and 

18 ‘‘(2) make the determinations required by sub19 section (d). 

20 ‘‘(d) REMEDIES.—The failure of a contractor under 

21 a covered contract to comply with the requirements of the 

22 regulations prescribed under subsection (a) or the contract 

23 clause inserted in a covered contract pursuant to sub24 section (b), as determined by the contracting officer for 

25 the covered contract— 


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1 ‘‘(1) shall be included in appropriate databases 

2 of past performance and considered in any responsi3 bility determination or evaluation of the past per4 formance of the contractor for the purpose of a con5 tract award decision, as provided in section 6(j) of 

6 the Office of Federal Procurement Policy Act (41 

7 U.S.C. 405(j)); 

8 ‘‘(2) in the case of an award fee contract— 

9 ‘‘(A) shall be considered in any evaluation 

10 of contract performance by the contractor for 

11 the relevant award fee period; and 

12 ‘‘(B) may be a basis for reducing or deny13 ing award fees for such period, or for recov14 ering all or part of award fees previously paid 

15 for such period; and 

16 ‘‘(3) in the case of a failure to comply that is 

17 severe, prolonged, or repeated— 

18 ‘‘(A) shall be referred to the suspension or 

19 debarment official for the appropriate agency; 

20 and 

21 ‘‘(B) may be a basis for suspension or de22 barment of the contractor. 

23 ‘‘(e) RULE OF CONSTRUCTION.—The duty of a con24 tractor under a covered contract to comply with the re25 quirements of the regulations prescribed under subsection 


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1 (a) and the contract clause inserted into a covered con2 tract pursuant to subsection (b), and the availability of 

3 the remedies provided in subsection (d), shall not be re4 duced or diminished by the failure of a higher or lower 

5 tier contractor under such contract to comply with such 

6 requirements, or by a failure of the contracting activity 

7 to provide the oversight required by subsection (c).’’. 

8 (b) REVISED REGULATIONS AND CONTRACT

9 CLAUSE.— 

10 (1) DEADLINE FOR REGULATIONS.—Not later 

11 than 60 days after the date of the enactment of this 

12 Act, the Secretary of Defense shall revise the regula13 tions prescribed pursuant to section 862 of the Na14 tional Defense Authorization Act for Fiscal Year 

15 2008 (Public Law 110–181; 10 U.S.C. 2302 note) 

16 to incorporate the requirements of the amendments 

17 made by subsection (a). 

18 (2) COMMENCEMENT OF APPLICABILITY OF RE19 VISIONS.—The revision of regulations under para20 graph (1) shall apply to the following: 

21 (A) Any contract that is awarded on or 

22 after the date that is 120 days after the date 

23 of the enactment of this Act. 

24 (B) Any task or delivery order that is 

25 issued on or after the date that is 120 days 


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1 after the date of the enactment of this Act pur2 suant to a contract that is awarded before, on, 

3 or after the date that is 120 days after the date 

4 of the enactment of this Act. 

5 (3) COMMENCEMENT OF INCLUSION OF CON6 TRACT CLAUSE.—A contract clause that reflects the 

7 revision of regulations required by the amendments 

8 made by subsection (a) shall be inserted, as required 

9 by such section 862, into the following: 

10 (A) Any contract described in paragraph 

11 (2)(A). 

12 (B) Any task or delivery order described in 

13 paragraph (2)(B). 

14 SEC. 832. EXTENSION OF REGULATIONS ON CONTRACTORS 

15 PERFORMING PRIVATE SECURITY FUNC16 TIONS TO AREAS OF OTHER SIGNIFICANT 

17 MILITARY OPERATIONS. 

18 (a) AREAS OF OTHER SIGNIFICANT MILITARY OPER19 ATIONS.—Section 862 of the National Defense Authoriza20 tion Act for Fiscal Year 2008 (Public Law 110–181; 10 

21 U.S.C. 2302 note), as amended by section 831, is further 

22 amended— 

23 (1) by striking ‘‘combat operations’’ each place 

24 it appears and inserting ‘‘combat operations or other 

25 significant military operations’’; and 


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1 (2) in subsection (f), as redesignated by such 

2 section 831— 

3 (A) by redesignating paragraphs (2), (3), 

4 and (4) as paragraphs (3), (4), and (5), respec5 tively; 

6 (B) in paragraph (1)— 

7 (i) by inserting ‘‘either’’ after ‘‘consti8 tuting’’; and 

9 (ii) by adding at the end the fol10 lowing: ‘‘In making designations under this 

11 paragraph, the Secretary shall ensure that 

12 an area is not designated in whole or part 

13 as both an area of combat operations and 

14 an area of other significant military oper15 ations.’’; and 

16 (C) by inserting after paragraph (1) the 

17 following new paragraph (2): 

18 ‘‘(2) OTHER SIGNIFICANT MILITARY OPER19 ATIONS.—For purposes of this section, the term 

20 ‘other significant military operations’ means activi21 ties, other than combat operations, as part of an 

22 overseas contingency operation that are carried out 

23 by United States Armed Forces in an uncontrolled 

24 or unpredictable high-threat environment where perVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 sonnel performing security functions may be called 

2 upon to use deadly force.’’. 

3 (b) ADDITIONAL AREAS CONSIDERED FOR DESIGNA4 TION.— 

5 (1) DETERMINATION REQUIRED FOR CERTAIN

6 AREAS.—Not later than 150 days after the date of 

7 the enactment of this Act, the Secretary of Defense 

8 shall make a written determination for each of the 

9 following areas regarding whether or not the area 

10 constitutes an area of combat operations or an area 

11 of other significant military operations for purposes 

12 of designation as such an area under section 862 of 

13 the National Defense Authorization Act for Fiscal 

14 Year 2008 (Public Law 110–181; 10 U.S.C. 2302 

15 note), as amended by this section: 

16 (A) The Horn of Africa region. 

17 (B) Yemen. 

18 (C) The Philippines. 

19 (2) SUBMISSION TO CONGRESS.—Not later than 

20 180 days after the date of the enactment of this Act, 

21 the Secretary of Defense shall submit to the con22 gressional defense committees a copy of each written 

23 determination under paragraph (1), together with an 

24 explanation of the basis for such determination. 


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1 (c) LIMITATION AND EXCEPTION.—Section 862 of 

2 the National Defense Authorization Act for Fiscal Year 

3 2008 (Public Law 110–181; 10 U.S.C. 2302 note), as 

4 amended by subsection (a) and by section 831, is further 

5 amended— 

6 (1) by redesignating subsection (g), as redesig7 nated by such section 831, as subsection (h) and in8 serting after subsection (f) the following new sub9 section (g): 

10 ‘‘(g) LIMITATION.—With respect to an area of other 

11 significant military operations, the requirements of this 

12 section shall apply only upon agreement of the Secretary 

13 of Defense and the Secretary of State. An agreement of 

14 the Secretaries under this subsection may be made only 

15 on an area-by-area basis. With respect to an area of com16 bat operations, the requirements of this section shall al17 ways apply.’’; and 

18 (2) in subsection (h), as so redesignated— 

19 (A) by striking the subsection designation 

20 and ‘‘EXCEPTION.—’’ and inserting the fol21 lowing: 

22 ‘‘(h) EXCEPTIONS.— 

23 ‘‘(1) INTELLIGENCE ACTIVITIES.—’’; and 

24 (B) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(2) NONGOVERNMENTAL ORGANIZATIONS.— 

2 The requirements of this section shall not apply to 

3 a nonprofit nongovernmental organization receiving 

4 grants or cooperative agreements for activities con5 ducted within an area of other significant military 

6 operations if the Secretary of Defense and the Sec7 retary of State agree that such organization may be 

8 exempted. An exemption may be granted by the 

9 agreement of the Secretaries under this paragraph 

10 on an organization-by-organization or area-by-area 

11 basis. Such an exemption may not be granted with 

12 respect to an area of combat operations.’’. 

13 (d) REPORT ON IMPLEMENTATION.—Not later than 

14 180 days after a designation of an area as an area of com15 bat operations or an area of other significant military op16 erations pursuant to subsection (b)(2), the Secretary of 

17 Defense, in coordination with the Secretary of State, shall 

18 submit to Congress a report on steps taken or planned 

19 to be taken to implement the regulations prescribed under 

20 section 862 of the National Defense Authorization Act for 

21 Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 

22 note) in such area. In the case of any agreement by the 

23 Secretaries to limit the applicability of such section or ex24 empt nongovernmental organizations from such section, 

25 pursuant to subsections (g) or (h)(1) of such section (as 


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1 added by subsection (c)), the report shall document the 

2 basis for such agreement. 

3 SEC. 833. STANDARDS AND CERTIFICATION FOR PRIVATE 

4 SECURITY CONTRACTORS. 

5 (a) REVIEW OF THIRD-PARTY STANDARDS AND CER6 TIFICATION PROCESSES.—Not later than 90 days after 

7 the date of the enactment of this Act, the Secretary of 

8 Defense shall— 

9 (1) determine whether the private sector has 

10 developed— 

11 (A) operational and business practice 

12 standards applicable to private security contrac13 tors; and 

14 (B) third-party certification processes for 

15 determining whether private security contrac16 tors adhere to standards described in subpara17 graph (A); and 

18 (2) review any standards and processes identi19 fied pursuant to paragraph (1) to determine whether 

20 the application of such standards and processes will 

21 make a substantial contribution to the successful 

22 performance of private security functions in areas of 

23 combat operations or other significant military oper24 ations. 


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1 (b) REVISED REGULATIONS.—Not later than 270 

2 days after the date of the enactment of this Act, the Sec3 retary of Defense shall revise the regulations promulgated 

4 under section 862 of the National Defense Authorization 

5 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

6 2302 note) to ensure that such regulations— 

7 (1) establish criteria for defining standard prac8 tices for the performance of private security func9 tions, which shall reflect input from industry rep10 resentatives as well as the Inspector General of the 

11 Department of Defense; and 

12 (2) establish criteria for weapons training pro13 grams for contractors performing private security 

14 functions, including minimum requirements for 

15 weapons training programs of instruction and min16 imum qualifications for instructors for such pro17 grams. 

18 (c) INCLUSION OF THIRD-PARTY STANDARDS AND

19 CERTIFICATIONS IN REVISED REGULATIONS.— 

20 (1) STANDARDS.—If the Secretary determines 

21 that the application of operational and business 

22 practice standards identified pursuant to subsection 

23 (a)(1)(A) will make a substantial contribution to the 

24 successful performance of private security functions 

25 in areas of combat operations or other significant 


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1 military operations, the revised regulations promul2 gated pursuant to subsection (b) shall incorporate a 

3 requirement to comply with such standards, subject 

4 to such exceptions as the Secretary may determine 

5 to be necessary. 

6 (2) CERTIFICATIONS.—If the Secretary deter7 mines that the application of a third-party certifi8 cation process identified pursuant to subsection 

9 (a)(1)(B) will make a substantial contribution to the 

10 successful performance of private security functions 

11 in areas of combat operations or other significant 

12 military operations, the revised regulations promul13 gated pursuant to subsection (b) may provide for the 

14 consideration of such certifications as a factor in the 

15 evaluation of proposals for award of a covered con16 tract for the provision of private security functions, 

17 subject to such exceptions as the Secretary may de18 termine to be necessary. 

19 (d) DEFINITIONS.—In this section: 

20 (1) COVERED CONTRACT.—The term ‘‘covered 

21 contract’’ means— 

22 (A) a contract of the Department of De23 fense for the performance of services; 

24 (B) a subcontract at any tier under such 

25 a contract; or 


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1 (C) a task order or delivery order issued 

2 under such a contract or subcontract. 

3 (2) CONTRACTOR.—The term ‘‘contractor’’ 

4 means, with respect to a covered contract, the con5 tractor or subcontractor carrying out the covered 

6 contract. 

7 (3) PRIVATE SECURITY FUNCTIONS.—The term 

8 ‘‘private security functions’’ means activities en9 gaged in by a contractor under a covered contract as 

10 follows: 

11 (A) Guarding of personnel, facilities, or 

12 property of a Federal agency, the contractor or 

13 subcontractor, or a third party. 

14 (B) Any other activity for which personnel 

15 are required to carry weapons in the perform16 ance of their duties. 

17 (e) EXCEPTION.—The requirements of this section 

18 shall not apply to contracts entered into by elements of 

19 the intelligence community in support of intelligence ac20 tivities. 


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1 SEC. 834. ENHANCEMENTS OF AUTHORITY OF SECRETARY 

2 OF DEFENSE TO REDUCE OR DENY AWARD 

3 FEES TO COMPANIES FOUND TO JEOPARDIZE 

4 THE HEALTH OR SAFETY OF GOVERNMENT 

5 PERSONNEL. 

6 (a) EXPANSION OF DISPOSITIONS SUBJECT TO AU7 THORITY.—Section 823 of the National Defense Author8 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

9 Stat. 2412; 10 U.S.C. 2302 note) is amended— 

10 (1) in subsection (c), by adding at the end the 

11 following new paragraph: 

12 ‘‘(5) In an administrative proceeding, a final 

13 determination of contractor fault by the Secretary of 

14 Defense pursuant to subsection (d).’’; 

15 (2) by redesignating subsections (d) and (e) as 

16 subsections (e) and (f), respectively; and 

17 (3) by inserting after subsection (c) the fol18 lowing new subsection (d): 

19 ‘‘(d) DETERMINATIONS OF CONTRACTOR FAULT BY

20 SECRETARY OF DEFENSE.— 

21 ‘‘(1) IN GENERAL.—In any case described by 

22 paragraph (2), the Secretary of Defense shall— 

23 ‘‘(A) provide for an expeditious inde24 pendent investigation of the causes of the seri25 ous bodily injury or death alleged to have been 


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1 caused by the contractor as described in that 

2 paragraph; and 

3 ‘‘(B) make a final determination, pursuant 

4 to procedures established by the Secretary for 

5 purposes of this subsection, whether the con6 tractor, in the performance of a covered con7 tract, caused such serious bodily injury or death 

8 through gross negligence or with reckless dis9 regard for the safety of civilian or military per10 sonnel of the Government. 

11 ‘‘(2) COVERED CASES.—A case described in this 

12 paragraph is any case in which the Secretary has 

13 reason to believe that— 

14 ‘‘(A) a contractor, in the performance of a 

15 covered contract, may have caused the serious 

16 bodily injury or death of any civilian or military 

17 personnel of the Government; and 

18 ‘‘(B) such contractor is not subject to the 

19 jurisdiction of United States courts. 

20 ‘‘(3) CONSTRUCTION OF DETERMINATION.—A 

21 final determination under this subsection may be 

22 used only for the purpose of evaluating contractor 

23 performance, and shall not be determinative of fault 

24 for any other purpose.’’. 


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1 (b) DEFINITION OF CONTRACTOR.—Paragraph (1) of 

2 subsection (e) of such section, as redesignated by sub3 section (a)(2) of this section, is amended to read as fol4 lows: 

5 ‘‘(1) The term ‘contractor’ means a company 

6 awarded a covered contract and a subcontractor at 

7 any tier under such contract.’’. 

8 (c) TECHNICAL AMENDMENT.—Subsection (c) of 

9 such section is further amended in the matter preceding 

10 paragraph (1) by striking ‘‘subsection (a)’’ and inserting 

11 ‘‘subsection (b)’’. 

12 (d) INCLUSION OF DETERMINATIONS OF CON13 TRACTOR FAULT IN DATABASE FOR FEDERAL AGENCY

14 CONTRACT AND GRANT OFFICERS AND SUSPENSION AND

15 DEBARMENT OFFICIALS.—Section 872(c)(1) of the Dun16 can Hunter National Defense Authorization Act for Fiscal 

17 Year 2009 (Public Law 110–417; 122 Stat. 4556) is 

18 amended by adding at the end the following new subpara19 graph: 

20 ‘‘(E) In an administrative proceeding, a 

21 final determination of contractor fault by the 

22 Secretary of Defense pursuant to section 

23 823(d) of the National Defense Authorization 

24 Act for Fiscal Year 2010 (10 U.S.C. 2302 

25 note).’’. 


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1 (e) EFFECTIVE DATE.—The requirements of section 

2 823 of the National Defense Authorization Act for Fiscal 

3 Year 2010, as amended by subsections (a) through (c), 

4 shall apply with respect to the following: 

5 (1) Any contract entered into on or after the 

6 date of the enactment of this Act. 

7 (2) Any task order or delivery order issued on 

8 or after the date of the enactment of this Act under 

9 a contract entered into before, on, or after that date. 

10 SEC. 835. ANNUAL JOINT REPORT AND COMPTROLLER 

11 GENERAL REVIEW ON CONTRACTING IN IRAQ 

12 AND AFGHANISTAN. 

13 Section 863 of the National Defense Authorization 

14 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

15 2302 note) is amended to read as follows: 

16 ‘‘SEC. 863. ANNUAL JOINT REPORT AND COMPTROLLER 

17 GENERAL REVIEW ON CONTRACTING IN IRAQ 

18 AND AFGHANISTAN. 

19 ‘‘(a) JOINT REPORT REQUIRED.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (6), every 12 months, the Secretary of De22 fense, the Secretary of State, and the Administrator 

23 of the United States Agency for International Devel24 opment shall submit to the relevant committees of 


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1 Congress a joint report on contracts in Iraq or Af2 ghanistan. 

3 ‘‘(2) PRIMARY MATTERS COVERED.—A report 

4 under this subsection shall, at a minimum, cover the 

5 following with respect to contracts in Iraq and Af6 ghanistan during the reporting period: 

7 ‘‘(A) Total number of contracts awarded. 

8 ‘‘(B) Total number of active contracts. 

9 ‘‘(C) Total value of all contracts awarded. 

10 ‘‘(D) Total value of active contracts. 

11 ‘‘(E) The extent to which such contracts 

12 have used competitive procedures. 

13 ‘‘(F) Total number of contractor personnel 

14 working on contracts at the end of each quarter 

15 of the reporting period. 

16 ‘‘(G) Total number of contractor personnel 

17 who are performing security functions at the 

18 end of each quarter of the reporting period. 

19 ‘‘(H) Total number of contractor personnel 

20 killed or wounded. 

21 ‘‘(3) ADDITIONAL MATTERS COVERED.—A re22 port under this subsection shall also cover the fol23 lowing: 


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1 ‘‘(A) The sources of information and data 

2 used to compile the information required under 

3 paragraph (2). 

4 ‘‘(B) A description of any known limita5 tions of the data reported under paragraph (2), 

6 including known limitations of the methodology 

7 and data sources used to compile the report. 

8 ‘‘(C) Any plans for strengthening collec9 tion, coordination, and sharing of information 

10 on contracts in Iraq and Afghanistan through 

11 improvements to the common databases identi12 fied under section 861(b)(4). 

13 ‘‘(4) REPORTING PERIOD.—A report under this 

14 subsection shall cover a period of not less than 12 

15 months. 

16 ‘‘(5) SUBMISSION OF REPORTS.—The Secre17 taries and the Administrator shall submit an initial 

18 report under this subsection not later than February 

19 1, 2011, and shall submit an updated report by Feb20 ruary 1 of every year thereafter until February 1, 

21 2013. 

22 ‘‘(6) EXCEPTION.—If the total annual amount 

23 of obligations for contracts in Iraq and Afghanistan 

24 combined is less than $250,000,000 for the report25 ing period, for all three agencies combined, the SecVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 retaries and the Administrator may submit, in lieu 

2 of a report, a letter stating the applicability of this 

3 paragraph, with such documentation as the Secre4 taries and the Administrator consider appropriate. 

5 ‘‘(7) ESTIMATES.—In determining the total 

6 number of contractor personnel working on contracts 

7 under paragraph (2)(F), the Secretaries and the Ad8 ministrator may use estimates for any category of 

9 contractor personnel for which they determine it is 

10 not feasible to provide an actual count. The report 

11 shall fully disclose the extent to which estimates are 

12 used in lieu of an actual count. 

13 ‘‘(b) COMPTROLLER GENERAL REVIEW AND RE14 PORT.— 

15 ‘‘(1) IN GENERAL.—Within 180 days after sub16 mission of each annual joint report required under 

17 subsection (a), but in no case later than August 5 

18 of each year until 2013, the Comptroller General of 

19 the United States shall review the joint report and 

20 submit to the relevant committees of Congress a re21 port on such review. 

22 ‘‘(2) MATTERS COVERED.—A report under this 

23 subsection shall, at minimum— 

24 ‘‘(A) assess the data and data sources used 

25 in developing the joint report; 


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1 ‘‘(B) review how the Department of De2 fense, the Department of State, and the United 

3 States Agency for International Development 

4 are using the data and the data sources used to 

5 develop the joint report in managing, over6 seeing, and coordinating contracting in Iraq 

7 and Afghanistan; 

8 ‘‘(C) assess the plans of the departments 

9 and agency for strengthening or improving the 

10 common databases identified under section 

11 861(b)(4); and 

12 ‘‘(D) review and make recommendations on 

13 any specific contract or class of contracts that 

14 the Comptroller General determines raises 

15 issues of significant concern. 

16 ‘‘(3) ACCESS TO DATABASES AND OTHER IN17 FORMATION.—The Secretary of Defense, the Sec18 retary of State, and the Administrator of the United 

19 States Agency for International Development shall 

20 provide to the Comptroller General full access to in21 formation on contracts in Iraq and Afghanistan for 

22 the purposes of the review carried out under this 

23 subsection, including the common databases identi24 fied under section 861(b)(4).’’. 


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1 Subtitle E—Other Matters 

2 SEC. 841. IMPROVEMENTS TO STRUCTURE AND FUNC3 TIONING OF JOINT REQUIREMENTS OVER4 SIGHT COUNCIL. 

5 (a) VICE CHAIRMAN OF JOINT CHIEFS OF STAFF TO

6 BE CHAIRMAN OF COUNCIL.—Subsection (c) of section 

7 181 of title 10, United States Code, is amended— 

8 (1) in paragraph (1), by inserting ‘‘Vice’’ before 

9 ‘‘Chairman of the Joint Chiefs of Staff’’; 

10 (2) in paragraph (2), by striking ‘‘, other than 

11 the Chairman of the Joint Chiefs of Staff,’’ and in12 serting ‘‘under subparagraphs (B), (C), (D), and 

13 (E) of paragraph (1)’’; and 

14 (3) by striking paragraph (3). 

15 (b) ROLE OF COMMANDERS OF COMBATANT COM16 MANDS AS MEMBERS OF COUNCIL.—Paragraph (1) of 

17 subsection (c) of such section is further amended— 

18 (1) in subparagraph (D), by striking ‘‘and’’ at 

19 the end; 

20 (2) in subparagraph (E), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(F) in addition, when directed by the chair25 man, the commander of any combatant command 


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1 (or, as directed by that commander, the deputy com2 mander of that command) when matters related to 

3 the area of responsibility or functions of that com4 mand will be under consideration by the Council.’’. 

5 (c) CIVILIAN ADVISORS.— 

6 (1) ADDITIONAL CIVILIAN ADVISORS.—Sub7 section (d) of such section is amended by striking 

8 ‘‘The Under Secretary’’ and all that follows through 

9 ‘‘and expertise.’’ and inserting: ‘‘The following offi10 cials of the Department of Defense shall serve as ad11 visors to the Council on matters within their author12 ity and expertise: 

13 ‘‘(A) The Under Secretary of Defense for 

14 Acquisition, Technology, and Logistics. 

15 ‘‘(B) The Under Secretary of Defense 

16 (Comptroller). 

17 ‘‘(C) The Under Secretary of Defense for 

18 Policy. 

19 ‘‘(D) The Director of Cost Assessment and 

20 Program Evaluation. 

21 ‘‘(E) The Director of Operational Test and 

22 Evaluation. 

23 ‘‘(F) Such other civilian officials of the De24 partment of Defense as are designated by the 


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1 Secretary of Defense for purposes of this sub2 section.’’. 

3 (2) CONFORMING AMENDMENT.—Subsection 

4 (b)(3) of such section is amended by striking 

5 ‘‘Under Secretary of Defense (Comptroller), the 

6 Under Secretary of Defense for Acquisition, Tech7 nology, and Logistics, and the Director of Cost As8 sessment and Performance Evaluation’’ and insert9 ing ‘‘advisors to the Council under subsection (d)’’. 

10 (d) RECOGNITION OF PERMANENT NATURE OF

11 COUNCIL.—Subsection (a) of such section is amended by 

12 striking ‘‘The Secretary of Defense shall establish’’ and 

13 inserting ‘‘There is’’. 

14 SEC. 842. DEPARTMENT OF DEFENSE POLICY ON ACQUISI15 TION AND PERFORMANCE OF SUSTAINABLE 

16 PRODUCTS AND SERVICES. 

17 (a) FINDING.—Congress finds the following: 

18 (1) Executive Order No. 13514, dated October 

19 5, 2009, requires the departments and agencies of 

20 the Federal Government to establish an integrated 

21 strategy towards the procurement of sustainable 

22 products and services. 

23 (2) The Department of Defense Strategic Sus24 tainability Performance Plan, issued in August 

25 2010, provides a framework for the Department’s 


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1 compliance with Executive Order No. 13514 and 

2 other applicable sustainability requirements. 

3 (b) REPORT.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, the Sec6 retary of Defense shall submit to the congressional 

7 defense committees a report on the status of the 

8 achievement by the Department of Defense of the 

9 objectives and goals on the procurement of sustain10 able products and services established by section 

11 2(h) of Executive Order No. 13514. 

12 (2) ELEMENTS.—The report required by para13 graph (1) shall include the following: 

14 (A) A description of the actions taken, and 

15 to be taken, by the Department to identify par16 ticular sustainable products and services that 

17 contribute to the achievement of the objectives 

18 and goals described in paragraph (1). 

19 (B) An assessment of the tools available to 

20 the Department to promote the use of par21 ticular sustainable products and services identi22 fied pursuant to the actions described in sub23 paragraph (A) across the Department, and a 

24 description of the actions taken, and to be 

25 taken, by the Department to use such tools. 


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1 (C) A description of strategies and tools 

2 identified by the Department that could assist 

3 the other departments and agencies of the Fed4 eral Government in procuring sustainable prod5 ucts and services, including a description of 

6 mechanisms for sharing best practices in such 

7 procurement, as identified by the Department, 

8 among the other departments and agencies of 

9 the Federal Government. 

10 (D) An assessment of the progress the De11 partment has made toward the achievement of 

12 the objectives and goals described in paragraph 

13 (1), including the scorecard identified in its 

14 Strategic Sustainability Performance Plan. 

15 SEC. 843. ASSESSMENT AND PLAN FOR CRITICAL RARE 

16 EARTH MATERIALS IN DEFENSE APPLICA17 TIONS. 

18 (a) ASSESSMENT REQUIRED.— 

19 (1) IN GENERAL.—The Secretary of Defense 

20 shall undertake an assessment of the supply and de21 mand for rare earth materials in defense applica22 tions and identify which, if any, rare earth material 

23 meets both of the following criteria: 


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1 (A) The rare earth material is critical to 

2 the production, sustainment, or operation of 

3 significant United States military equipment. 

4 (B) The rare earth material is subject to 

5 interruption of supply, based on actions or 

6 events outside the control of the Government of 

7 the United States. 

8 (2) EVALUATION OF SUPPLY.—The assessment 

9 shall include a comprehensive evaluation of the long10 term security and availability of all aspects of the 

11 supply chain for rare earth materials in defense ap12 plications, particularly the location and number of 

13 sources at each step of the supply chain, including— 

14 (A) mining of rare earth ores; 

15 (B) separation of rare earth oxides; 

16 (C) refining and reduction of rare earth 

17 metals; 

18 (D) creation of rare earth alloys; 

19 (E) manufacturing of components and sys20 tems containing rare earth materials; and 

21 (F) recycling of components and systems 

22 to reclaim and reuse rare earth materials. 

23 (3) EVALUATION OF DEMAND.—The assessment 

24 shall include a comprehensive evaluation of the deVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 mand for and usage of rare earth materials in all de2 fense applications, including— 

3 (A) approximations of the total amounts of 

4 individual rare earth materials used in defense 

5 applications; 

6 (B) determinations of which, if any, de7 fense applications are dependent upon rare 

8 earth materials for proper operation and func9 tioning; and 

10 (C) assessments of the feasibility of alter11 natives to usage of rare earth materials in de12 fense applications. 

13 (4) OTHER STUDIES AND AGENCIES.—Any ap14 plicable studies conducted by the Department of De15 fense, the Comptroller General of the United States, 

16 or other Federal agencies during fiscal year 2010 

17 may be considered as partial fulfillment of the re18 quirements of this section. The Secretary may con19 sider the views of other Federal agencies, as appro20 priate. 

21 (5) SPECIFIC MATERIAL INCLUDED.—At a min22 imum, the Secretary shall identify sintered neodym23 ium iron boron magnets as meeting the criteria spec24 ified in paragraph (1). 


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1 (b) PLAN.—For each rare earth material identified 

2 pursuant to subsection (a)(1), the Secretary shall develop 

3 a plan to ensure the long-term availability of such rare 

4 earth material, with a goal of establishing an assured 

5 source of supply of such material in critical defense appli6 cations by December 31, 2015. In developing the plan, the 

7 Secretary shall consider all aspects of the material’s sup8 ply chain, as described in subsection (a)(2). The plan shall 

9 include consideration of numerous risk mitigation methods 

10 with respect to the material, including— 

11 (1) an assessment of including the material in 

12 the National Defense Stockpile; 

13 (2) in consultation with the United States 

14 Trade Representative, the identification of any trade 

15 practices known to the Secretary that limit the Sec16 retary’s ability to ensure the long-term availability of 

17 such material or the ability to meet the goal of es18 tablishing an assured source of supply of such mate19 rial by December 31, 2015; 

20 (3) an assessment of the availability of financ21 ing to industry, academic institutions, or not-for22 profit entities to provide the capacity required to en23 sure the availability of the material, as well as po24 tential mechanisms to increase the availability of 

25 such financing; 


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1 (4) an assessment of the benefits, if any, of De2 fense Production Act funding to support the estab3 lishment of an assured source of supply for military 

4 components; 

5 (5) an assessment of funding for research and 

6 development related to any aspect of the rare earth 

7 material supply chain or research on alternatives 

8 and substitutes; 

9 (6) any other risk mitigation method deter10 mined appropriate by the Secretary that is con11 sistent with the goal of establishing an assured 

12 source of supply by December 31, 2015; and 

13 (7) for steps of the rare earth material supply 

14 chain for which no other risk mitigation method, as 

15 described in paragraphs (1) through (6), will ensure 

16 an assured source of supply by December 31, 2015, 

17 a specific plan to eliminate supply chain vulner18 ability by the earliest date practicable. 

19 (c) REPORT.— 

20 (1) REQUIREMENT.—Not later than 180 days 

21 after the date of the enactment of this Act, the Sec22 retary of Defense shall submit to the congressional 

23 committees described in paragraph (2) a report con24 taining the findings of the assessment required 


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1 under subsection (a) and the plan developed under 

2 subsection (b). 

3 (2) CONGRESSIONAL COMMITTEES.—The con4 gressional committees described in this paragraph 

5 are as follows: 

6 (A) The congressional defense committees. 

7 (B) The Committee on Science and Tech8 nology, the Committee on Financial Services, 

9 and the Committee on Ways and Means of the 

10 House of Representatives. 

11 (C) The Committee on Energy and Nat12 ural Resources, the Committee on Finance, and 

13 the Committee on Banking, Housing, and 

14 Urban Affairs of the Senate. 

15 SEC. 844. REVIEW OF NATIONAL SECURITY EXCEPTION TO 

16 COMPETITION. 

17 (a) REVIEW REQUIRED.—The Comptroller General 

18 of the United States shall review the use of the national 

19 security exception to full and open competition provided 

20 in section 2304(c)(6) of title 10, United States Code, by 

21 the Department of Defense. 

22 (b) MATTERS REVIEWED.—The review of the use of 

23 the national security exception required by subsection (a) 

24 shall include— 


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1 (1) the pattern of usage of such exception by 

2 acquisition organizations within the Department to 

3 determine which organizations are commonly using 

4 the exception and the frequency of such usage; 

5 (2) the range of items or services being ac6 quired through the use of such exception; 

7 (3) the process for reviewing and approving jus8 tifications involving such exception; 

9 (4) whether the justifications for use of such 

10 exception typically meet the relevant requirements of 

11 the Federal Acquisition Regulation applicable to the 

12 use of such exception; 

13 (5) issues associated with follow-on procure14 ments for items or services acquired using such ex15 ception; and 

16 (6) potential additional instances where such 

17 exception could be applied and any authorities avail18 able to the Department other than such exception 

19 that could be applied in such instances. 

20 (c) REPORT.—Not later than one year after the date 

21 of the enactment of this Act, the Comptroller General shall 

22 submit to the Committees on Armed Services of the Sen23 ate and the House of Representatives a report on the re24 view required by subsection (a), including a discussion of 

25 each of the matters specified in subsection (b). The report 


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1 shall include any recommendations relating to the matters 

2 reviewed that the Secretary considers appropriate. The re3 port shall be submitted in unclassified form but may in4 clude a classified annex. 

5 SEC. 845. REQUIREMENT FOR ENTITIES WITH FACILITY 

6 CLEARANCES THAT ARE NOT UNDER FOR7 EIGN OWNERSHIP CONTROL OR INFLUENCE 

8 MITIGATION. 

9 (a) REQUIREMENT.—The Secretary of Defense shall 

10 develop a plan to ensure that covered entities employ and 

11 maintain policies and procedures that meet requirements 

12 under the national industrial security program. In devel13 oping the plan, the Secretary shall consider whether or 

14 not covered entities, or any category of covered entities, 

15 should be required to establish government security com16 mittees similar to those required for companies that are 

17 subject to foreign ownership control or influence mitiga18 tion measures. 

19 (b) COVERED ENTITY.—A covered entity under this 

20 section is an entity— 

21 (1) to which the Department of Defense has 

22 granted a facility clearance; and 

23 (2) that is not subject to foreign ownership con24 trol or influence mitigation measures. 


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1 (c) GUIDANCE.—The Secretary of Defense shall issue 

2 guidance, including appropriate compliance mechanisms, 

3 to implement the requirement in subsection (a). To the 

4 extent determined appropriate by the Secretary, the guid5 ance shall require covered entities, or any category of cov6 ered entities, to establish government security committees 

7 similar to those required for companies that are subject 

8 to foreign ownership control or influence mitigation meas9 ures. 

10 (d) REPORT.—Not later than 270 days after the date 

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

12 to the Committees on Armed Services of the Senate and 

13 the House of Representatives a report on the plan devel14 oped pursuant to subsection (a) and the guidance issued 

15 pursuant to subsection (c). The report shall specifically 

16 address the rationale for the Secretary’s decision on 

17 whether or not to require covered entities, or any category 

18 of covered entities, to establish government security com19 mittees similar to those required for companies that are 

20 subject to foreign ownership control or influence mitiga21 tion measures. 

22 SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES. 

23 (a) CONTRACT REQUIREMENT.—The Secretary of 

24 Defense shall ensure that each contract described in sub25 section (b) awarded by the Department of Defense inVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 cludes a provision requiring the photovoltaic devices pro2 vided under the contract to comply with the Buy American 

3 Act (41 U.S.C. 10a et seq.), subject to the exceptions to 

4 that Act provided in the Trade Agreements Act of 1979 

5 (19 U.S.C. 2501 et seq.) or otherwise provided by law. 

6 (b) CONTRACTS DESCRIBED.—The contracts de7 scribed in this subsection include energy savings perform8 ance contracts, utility service contracts, land leases, and 

9 private housing contracts, to the extent that such con10 tracts result in ownership of photovoltaic devices by the 

11 Department of Defense. For the purposes of this section, 

12 the Department of Defense is deemed to own a photo13 voltaic device if the device is— 

14 (1) installed on Department of Defense prop15 erty or in a facility owned by the Department of De16 fense; and 

17 (2) reserved for the exclusive use of the Depart18 ment of Defense for the full economic life of the de19 vice. 

20 (c) DEFINITION OF PHOTOVOLTAIC DEVICES.—In 

21 this section, the term ‘‘photovoltaic devices’’ means devices 

22 that convert light directly into electricity through a solid23 state, semiconductor process. 


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1 SEC. 847. NON-AVAILABILITY EXCEPTION FROM BUY AMER2 ICAN REQUIREMENTS FOR PROCUREMENT 

3 OF HAND OR MEASURING TOOLS. 

4 Section 2533a(c) of title 10, United States Code, is 

5 amended by striking ‘‘subsection (b)(1)’’ and inserting 

6 ‘‘subsection (b)’’. 

7 SEC. 848. CONTRACTOR LOGISTICS SUPPORT OF CONTIN8 GENCY OPERATIONS. 

9 (a) DEFENSE SCIENCE BOARD REVIEW OF ORGANI10 ZATION, TRAINING, AND PLANNING.—Not later than 90 

11 days after the date of the enactment of this Act, the Sec12 retary of Defense shall direct the Defense Science Board 

13 to carry out a review of Department of Defense organiza14 tion, doctrine, training, and planning for contractor logis15 tics support of contingency operations. 

16 (b) MATTERS TO BE ADDRESSED.— 

17 (1) IN GENERAL.—The matters addressed by 

18 the review required by subsection(a) shall include, at 

19 a minimum, the following: 

20 (A) Department of Defense policies and 

21 procedures for planning for contractor logistics 

22 support of contingency operations. 

23 (B) Department organization and staffing 

24 for the implementation of such policies and pro25 cedures. 


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1 (C) The development of Department doc2 trine for contractor logistics support of contin3 gency operations. 

4 (D) The training of Department military 

5 and civilian personnel for the planning, man6 agement, and oversight of contractor logistics 

7 support of contingency operations. 

8 (E) The extent to which the Department 

9 should rely upon contractor logistics support in 

10 future contingency operations, and the risks as11 sociated with reliance on such support. 

12 (F) Any logistics support functions for 

13 contingency operations for which the Depart14 ment should establish or retain an organic ca15 pability. 

16 (G) The scope and level of detail on con17 tractor logistics support of contingency oper18 ations that is currently included in operational 

19 plans, and that should be included in oper20 ational plans. 

21 (H) Contracting mechanisms and contract 

22 vehicles that are currently used, and should be 

23 used, to provide contractor logistics support of 

24 contingency operations. 


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1 (I) Department organization and staffing 

2 for the management and oversight of contractor 

3 logistics support of contingency operations. 

4 (J) Actions that could be taken to improve 

5 Department management and oversight of con6 tractors providing logistics support of contin7 gency operations. 

8 (K) The extent to which logistics support 

9 of contingency operations has been, and should 

10 be, provided by subcontractors, and the advan11 tages and disadvantages of reliance upon sub12 contractors for that purpose. 

13 (L) The extent to which logistics support 

14 of contingency operations has been, and should 

15 be, provided by local nationals and third coun16 try nationals, and the advantages and disadvan17 tages of reliance upon such sources for that 

18 purpose. 

19 (2) FINDINGS AND RECOMMENDATIONS.—The 

20 review required by subsection (a) shall include find21 ings and recommendations related to— 

22 (A) legislative or policy guidance to ad23 dress the matters listed in paragraph (1); and 

24 (B) whether and to what extent the quad25 rennial defense review (conducted pursuant to 


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1 section 118 of title 10, United States Code) or 

2 assessments by the Chairman of the Joint 

3 Chiefs of Staff for the biennial review of the na4 tional military strategy (conducted pursuant to 

5 section 153(d) of such title) should be required 

6 to address requirements for contractor support 

7 of the Armed Forces in conducting peacetime 

8 training, peacekeeping, overseas contingency op9 erations, and major combat operations, and the 

10 risks associated with such support. 

11 (c) REPORT.—Not later than one year after the date 

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

13 to the congressional defense committees a report on the 

14 results of the review required by subsection (a). The report 

15 shall include the findings and recommendations of the De16 fense Science Board, including such recommendations for 

17 legislative or administrative action as the Board considers 

18 appropriate, together with any comments the Secretary 

19 considers appropriate. 

20 Subtitle F—Improve Acquisition 

21 Act 

22 SEC. 860. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Improve Acquisi24 tion Act of 2010’’. 


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1 PART I—DEFENSE ACQUISITION SYSTEM 

2 SEC. 861. IMPROVEMENTS TO THE MANAGEMENT OF THE 

3 DEFENSE ACQUISITION SYSTEM. 

4 (a) MANAGEMENT OF THE DEFENSE ACQUISITION

5 SYSTEM.—Part IV of title 10, United States Code, is 

6 amended by inserting after chapter 148 the following new 

7 chapter: 

8 ‘‘CHAPTER 149—DEFENSE ACQUISITION 

9 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. 

10 ‘‘§ 2545. Definitions 

11 ‘‘In this chapter: 

12 ‘‘(1) The term ‘acquisition’ has the meaning 

13 provided in section 4(16) of the Office of Federal 

14 Procurement Policy Act (41 U.S.C. 403(16)). 

15 ‘‘(2) The term ‘defense acquisition system’ 

16 means the workforce engaged in carrying out the ac17 quisition of property and services for the Depart18 ment of Defense; the management structure respon19 sible for directing and overseeing the acquisition of 

20 property and services for the Department of De21 fense; and the statutory, regulatory, and policy 

22 framework that guides the acquisition of property 

23 and services for the Department of Defense. 


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1 ‘‘(3) The term ‘element of the defense acquisi2 tion system’ means an organization that employs 

3 members of the acquisition workforce, carries out ac4 quisition functions, and focuses primarily on acquisi5 tion. 

6 ‘‘(4) The term ‘acquisition workforce’ has the 

7 meaning provided in section 101(a)(18) of this title. 

8 ‘‘§ 2546. Civilian management of the defense acquisi9 tion system 

10 ‘‘(a) RESPONSIBILITY OF THE UNDER SECRETARY

11 OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LO12 GISTICS.—Subject to the authority, direction and control 

13 of the Secretary of Defense, the Under Secretary of De14 fense for Acquisition, Technology, and Logistics shall be 

15 responsible for the management of the defense acquisition 

16 system and shall exercise such control of the system and 

17 perform such duties as are necessary to ensure the suc18 cessful and efficient operation of the defense acquisition 

19 system, including the duties enumerated and assigned to 

20 the Under Secretary elsewhere in this title. 

21 ‘‘(b) RESPONSIBILITY OF THE SERVICE ACQUISITION

22 EXECUTIVES.—Subject to the direction of the Under Sec23 retary of Defense for Acquisition, Technology, and Logis24 tics on matters pertaining to acquisition, and subject to 

25 the authority, direction, and control of the Secretary of 


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1 the military department concerned, a service acquisition 

2 executive of a military department shall be responsible for 

3 the management of elements of the defense acquisition 

4 system in that military department and shall exercise such 

5 control of the system and perform such duties as are nec6 essary to ensure the successful and efficient operation of 

7 such elements of the defense acquisition system. 

8 ‘‘§ 2547. Acquisition-related functions of chiefs of the 

9 armed forces 

10 ‘‘(a) PERFORMANCE OF CERTAIN ACQUISITION-RE11 LATED FUNCTIONS.—The Secretary of Defense shall en12 sure that the Chief of Staff of the Army, the Chief of 

13 Naval Operations, the Chief of Staff of the Air Force, and 

14 the Commandant of the Marine Corps assist the Secretary 

15 of the military department concerned in the performance 

16 of the following acquisition-related functions of such de17 partment: 

18 ‘‘(1) The development of requirements relating 

19 to the defense acquisition system (subject, where ap20 propriate, to validation by the Joint Requirements 

21 Oversight Council pursuant to section 181 of this 

22 title). 

23 ‘‘(2) The coordination of measures to control 

24 requirements creep in the defense acquisition sys25 tem. 


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1 ‘‘(3) The development of career paths in acqui2 sition for military personnel (as required by section 

3 1722a of this title). 

4 ‘‘(4) The assignment and training of con5 tracting officer representatives when such represent6 atives are required to be members of the armed 

7 forces because of the nature of the contract con8 cerned. 

9 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to affect the assignment of func11 tions under section 3014(c)(1)(A), section 5014(c)(1)(A), 

12 or section 8014(c)(1)(A) of this title, except as explicitly 

13 provided in this section. 

14 ‘‘(c) DEFINITIONS.—In this section: 

15 ‘‘(1) The term ‘requirements creep’ means the 

16 addition of new technical or operational specifica17 tions after a requirements document is approved by 

18 the appropriate validation authority for the require19 ments document. 

20 ‘‘(2) The term ‘requirements document’ means 

21 a document produced in the requirements process 

22 that is provided for an acquisition program to guide 

23 the subsequent development, production, and testing 

24 of the program and that— 


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1 ‘‘(A) justifies the need for a materiel ap2 proach, or an approach that is a combination of 

3 materiel and non-materiel, to satisfy one or 

4 more specific capability gaps; 

5 ‘‘(B) details the information necessary to 

6 develop an increment of militarily useful, 

7 logistically supportable, and technically mature 

8 capability, including key performance param9 eters; or 

10 ‘‘(C) identifies production attributes re11 quired for a single increment of a program. 

12 ‘‘§ 2548. Performance assessments of the defense ac13 quisition system 

14 ‘‘(a) PERFORMANCE ASSESSMENTS REQUIRED.—Not 

15 later than 180 days after the date of the enactment of 

16 the Ike Skelton National Defense Authorization Act for 

17 Fiscal Year 2011, the Secretary of Defense, acting 

18 through the Under Secretary of Defense for Acquisition, 

19 Technology, and Logistics, the Director of Procurement 

20 and Acquisition Policy, and the Director of the Office of 

21 Performance Assessment and Root Cause Analysis, shall 

22 issue guidance, with detailed implementation instructions, 

23 for the Department of Defense to provide for periodic 

24 independent performance assessments of elements of the 

25 defense acquisition system for the purpose of— 


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1 ‘‘(1) determining the extent to which such ele2 ments of the defense acquisition system deliver value 

3 to the Department of Defense, taking into consider4 ation the performance elements identified in sub5 section (b); 

6 ‘‘(2) assisting senior officials of the Department 

7 of Defense in identifying and developing lessons 

8 learned from best practices and shortcomings in the 

9 performance of such elements of the defense acquisi10 tion system; and 

11 ‘‘(3) assisting senior officials of the Department 

12 of Defense in developing acquisition workforce excel13 lence under section 1701a of this title 

14 ‘‘(b) AREAS CONSIDERED IN PERFORMANCE ASSESS15 MENTS.—(1) Each performance assessment conducted 

16 pursuant to subsection (a) shall consider, at a minimum— 

17 ‘‘(A) the extent to which acquisitions conducted 

18 by the element of the defense acquisition system 

19 under review meet applicable cost, schedule, and per20 formance objectives; and 

21 ‘‘(B) the staffing and quality of the acquisition 

22 workforce and the effectiveness of the management 

23 of the acquisition workforce, including workforce in24 centives and career paths. 


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1 ‘‘(2) The Secretary of Defense shall ensure that the 

2 performance assessments required by this section are ap3 propriately tailored to reflect the diverse nature of the 

4 work performed by each element of the defense acquisition 

5 system. In addition to the mandatory areas under para6 graph (1), a performance assessment may consider, as ap7 propriate, specific areas of acquisition concern, such as— 

8 ‘‘(A) the selection of contractors, including— 

9 ‘‘(i) the extent of competition and the use 

10 of exceptions to competition requirements; 

11 ‘‘(ii) compliance with Department of De12 fense policies regarding the participation of 

13 small business concerns and various categories 

14 of small business concerns, including the use of 

15 contract bundling and the availability of non16 bundled contract vehicles; 

17 ‘‘(iii) the quality of market research; 

18 ‘‘(iv) the effective consideration of con19 tractor past performance; and 

20 ‘‘(v) the number of bid protests, the extent 

21 to which such bid protests have been successful, 

22 and the reasons for such success; 

23 ‘‘(B) the negotiation of contracts, including— 


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1 ‘‘(i) the appropriate application of section 

2 2306a of this title (relating to truth in negotia3 tions); 

4 ‘‘(ii) the appropriate use of contract types 

5 appropriate to specific procurements; 

6 ‘‘(iii) the appropriate use of performance 

7 requirements; 

8 ‘‘(iv) the appropriate acquisition of tech9 nical data and other rights and assets necessary 

10 to support long-term sustainment and follow-on 

11 procurement; and 

12 ‘‘(v) the timely definitization of any 

13 undefinitized contract actions; and 

14 ‘‘(C) the management of contractor perform15 ance, including— 

16 ‘‘(i) the assignment of appropriately quali17 fied contracting officer representatives and 

18 other contract management personnel; 

19 ‘‘(ii) the extent of contract disputes, the 

20 reasons for such disputes, and the extent to 

21 which they have been successfully addressed; 

22 ‘‘(iii) the appropriate consideration of long23 term sustainment and energy efficiency objec24 tives; and 


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1 ‘‘(iv) the appropriate use of integrated 

2 testing. 

3 ‘‘(c) CONTENTS OF GUIDANCE.—The guidance issued 

4 pursuant to subsection (a) shall ensure that each element 

5 of the defense acquisition system is subject to a perform6 ance assessment under this section not less often than 

7 once every four years, and shall address, at a minimum— 

8 ‘‘(1) the designation of elements of the defense 

9 acquisition system that are subject to performance 

10 assessment at an organizational level that ensures 

11 such assessments can be performed in an efficient 

12 and integrated manner; 

13 ‘‘(2) the frequency with which such perform14 ance assessments should be conducted; 

15 ‘‘(3) goals, standards, tools, and metrics for use 

16 in conducting performance assessments; 

17 ‘‘(4) the composition of the teams designated to 

18 perform performance assessments; 

19 ‘‘(5) any phase-in requirements needed to en20 sure that qualified staff are available to perform per21 formance assessments; 

22 ‘‘(6) procedures for tracking the implementa23 tion of recommendations made pursuant to perform24 ance assessments; 


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1 ‘‘(7) procedures for developing and dissemi2 nating lessons learned from performance assess3 ments; and 

4 ‘‘(8) procedures for ensuring that information 

5 from performance assessments are retained elec6 tronically and are provided in a timely manner to 

7 the Under Secretary of Defense for Acquisition, 

8 Technology, and Logistics and the Director of the 

9 Office of Performance Assessment and Root Cause 

10 Analysis as needed to assist them in performing 

11 their responsibilities under this section. 

12 ‘‘(d) PERFORMANCE GOALS UNDER GOVERNMENT

13 PERFORMANCE RESULTS ACT OF 1993.—Beginning with 

14 fiscal year 2012, the annual performance plan prepared 

15 by the Department of Defense pursuant to section 1115 

16 of title 31 shall include appropriate performance goals for 

17 elements of the defense acquisition system. 

18 ‘‘(e) REPORTING REQUIREMENTS.—Beginning with 

19 fiscal year 2012— 

20 ‘‘(1) the annual report prepared by the Sec21 retary of Defense pursuant to section 1116 of title 

22 31, United States Code, shall address the Depart23 ment’s success in achieving performance goals estab24 lished pursuant to such section for elements of the 

25 defense acquisition system; and 


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1 ‘‘(2) the annual report prepared by the Director 

2 of the Office of Performance Assessment and Root 

3 Cause Analysis pursuant to section 103(f) of the 

4 Weapon Systems Acquisition Reform Act of 2009 

5 (10 U.S.C. 2430 note), shall include information on 

6 the activities undertaken by the Department pursu7 ant to such section, including a summary of signifi8 cant findings or recommendations arising out of per9 formance assessments.’’. 

10 (b) CLERICAL AMENDMENTS.—The table of chapters 

11 at the beginning of subtitle A of title 10, United States 

12 Code, and at the beginning of part IV of such subtitle, 

13 are each amended by inserting after the item relating to 

14 chapter 148 the following new item: 

‘‘149. Defense Acquisition System ............................................... 2545’’. 

15 SEC. 862. COMPTROLLER GENERAL REPORT ON JOINT CA16 PABILITIES INTEGRATION AND DEVELOP17 MENT SYSTEM. 

18 (a) REPORT REQUIRED.—The Comptroller General 

19 of the United States shall carry out a comprehensive re20 view of the Joint Capabilities Integration and Develop21 ment System (in this section referred to as ‘‘JCIDS’’). 

22 Not later than one year after the date of the enactment 

23 of this Act, the Comptroller General shall submit to the 

24 congressional defense committees a report on the review 

25 and include in such report any recommendations the 


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1 Comptroller General considers necessary and advisable to 

2 improve or replace JCIDS. 

3 (b) CONTENT OF THE REVIEW.— 

4 (1) PURPOSE.—The purpose of the review re5 quired by subsection (a) is to evaluate the effective6 ness of JCIDS in achieving the following objectives: 

7 (A) Timeliness in delivering capability to 

8 the warfighter. 

9 (B) Efficient use of the investment re10 sources of the Department of Defense. 

11 (C) Control of requirements creep. 

12 (D) Responsiveness to changes occurring 

13 after the approval of a requirements document 

14 (including changes to the threat environment, 

15 the emergence of new capabilities, or changes in 

16 the resources estimated to procure or sustain a 

17 capability). 

18 (E) Development of the personnel skills, 

19 capacity, and training needed for an effective 

20 and efficient requirements process. 

21 (2) MATTERS CONSIDERED.—In performing the 

22 review, the Comptroller General shall gather infor23 mation on and consider the following matters: 

24 (A) The time that requirements documents 

25 take to receive approval through JCIDS. 


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1 (B) The quality of cost information consid2 ered in JCIDS and the extent of its consider3 ation. 

4 (C) The extent to which JCIDS establishes 

5 a meaningful level of priority for requirements. 

6 (D) The extent to which JCIDS is consid7 ering trade-offs between cost, schedule, and per8 formance objectives. 

9 (E) The quality of information on 

10 sustainment considered in JCIDS and the ex11 tent to which sustainment information is con12 sidered. 

13 (F) An evaluation of the advantages and 

14 disadvantages of designating a commander of a 

15 unified combatant command for each require16 ments document for which the Joint Require17 ments Oversight Council is the validation au18 thority to provide a joint evaluation task force 

19 to participate in a materiel solution and to— 

20 (i) provide input to the analysis of al21 ternatives; 

22 (ii) participate in testing (including 

23 limited user tests and prototype testing); 

24 (iii) provide input on a concept of op25 erations and doctrine; 


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1 (iv) provide end user feedback to the 

2 resource sponsor; and 

3 (v) participate, through the combatant 

4 commander concerned, in any alteration of 

5 the requirement for such solution. 

6 (c) DEFINITIONS.—In this section: 

7 (1) JOINT CAPABILITIES INTEGRATION AND DE8 VELOPMENT SYSTEM.—The term ‘‘Joint Capabilities 

9 Integration and Development System’’ means the 

10 system for the assessment, review, validation, and 

11 approval of joint warfighting requirements that is 

12 described in Chairman of the Joint Chiefs of Staff 

13 Instruction 3170.01G 

14 (2) REQUIREMENTS DOCUMENT.—The term 

15 ‘‘requirements document’’ means a document pro16 duced in JCIDS that is provided for an acquisition 

17 program to guide the subsequent development, pro18 duction, and testing of the program and that— 

19 (A) justifies the need for a materiel ap20 proach, or an approach that is a combination of 

21 materiel and non-materiel, to satisfy one or 

22 more specific capability gaps; 

23 (B) details the information necessary to 

24 develop an increment of militarily useful, 

25 logistically supportable, and technically mature 


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1 capability, including key performance param2 eters; or 

3 (C) identifies production attributes re4 quired for a single increment of a program. 

5 (3) REQUIREMENTS CREEP.—The term ‘‘re6 quirements creep’’ means the addition of new tech7 nical or operational specifications after a require8 ments document is approved. 

9 (4) MATERIEL SOLUTION.—The term ‘‘materiel 

10 solution’’ means the development, acquisition, pro11 curement, or fielding of a new item, or of a modi12 fication to an existing item, necessary to equip, oper13 ate, maintain, and support military activities. 

14 SEC. 863. REQUIREMENTS FOR THE ACQUISITION OF SERV15 ICES. 

16 (a) ESTABLISHMENT OF REQUIREMENTS PROCESSES

17 FOR THE ACQUISITION OF SERVICES.—The Secretary of 

18 Defense shall ensure that the military departments and 

19 Defense Agencies each establish a process for identifying, 

20 assessing, reviewing, and validating requirements for the 

21 acquisition of services. 

22 (b) OPERATIONAL REQUIREMENTS.—With regard to 

23 requirements for the acquisition of services in support of 

24 combatant commands and military operations, the Sec25 retary shall ensure— 


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1 (1) that the Chief of Staff of the Army, the 

2 Chief of Naval Operations, the Chief of Staff of the 

3 Air Force, and the Commandant of the Marine 

4 Corps implement and bear chief responsibility for 

5 carrying out, within the Armed Force concerned, the 

6 process established pursuant to subsection (a) for 

7 such Armed Force; and 

8 (2) that commanders of unified combatant com9 mands and other officers identified or designated as 

10 joint qualified officers have an opportunity to par11 ticipate in the process of each military department 

12 to provide input on joint requirements for the acqui13 sition of services. 

14 (c) SUPPORTING REQUIREMENTS.—With regard to 

15 requirements for the acquisition of services not covered by 

16 subsection (b), the Secretary shall ensure that the secre17 taries of the military departments and the heads of the 

18 Defense Agencies implement and bear chief responsibility 

19 for carrying out, within the military department or De20 fense Agency concerned, the process established pursuant 

21 to subsection (a) for such military department or Defense 

22 Agency. 

23 (d) IMPLEMENTATION PLANS REQUIRED.—The Sec24 retary shall ensure that an implementation plan is develVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 oped for each process established pursuant to subsection 

2 (a) that addresses, at a minimum, the following: 

3 (1) The organization of such process. 

4 (2) The level of command responsibility re5 quired for identifying, assessing, reviewing, and vali6 dating requirements for the acquisition of services in 

7 accordance with the requirements of this section and 

8 the categories established under section 

9 2330(a)(1)(C) of title 10, United States Code. 

10 (3) The composition of positions necessary to 

11 operate such process. 

12 (4) The training required for personnel engaged 

13 in such process. 

14 (5) The relationship between doctrine and such 

15 process. 

16 (6) Methods of obtaining input on joint require17 ments for the acquisition of services. 

18 (7) Procedures for coordinating with the acqui19 sition process. 

20 (8) Considerations relating to opportunities for 

21 strategic sourcing. 

22 (e) MATTERS REQUIRED IN IMPLEMENTATION

23 PLAN.—Each plan required under subsection (d) shall 

24 provide for initial implementation of a process for identi25 fying, assessing, reviewing, and validating requirements 


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1 for the acquisition of services not later than one year after 

2 the date of the enactment of this Act and shall provide 

3 for full implementation of such process at the earliest date 

4 practicable. 

5 (f) CONSISTENCY WITH JOINT GUIDANCE.—When6 ever, at any time, guidance is issued by the Chairman of 

7 the Joint Chiefs of Staff relating to requirements for the 

8 acquisition of services in support of combatant commands 

9 and military operations, each process established pursuant 

10 to subsection (a) shall be revised in accordance with such 

11 joint guidance. 

12 (g) DEFINITION.—The term ‘‘requirements for the 

13 acquisition of services’’ means objectives to be achieved 

14 through acquisitions primarily involving the procurement 

15 of services. 

16 (h) REVIEW OF SUPPORTING REQUIREMENTS TO

17 IDENTIFY SAVINGS.—The secretaries of the military de18 partments and the heads of the Defense Agencies shall 

19 review and validate each requirement described in sub20 section (c) with an anticipated cost in excess of 

21 $10,000,000 with the objective of identifying unneeded or 

22 low priority requirements that can be reduced or elimi23 nated, with the savings transferred to higher priority ob24 jectives. Savings identified and transferred to higher pri25 ority objectives through review and revalidation under this 


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1 subsection shall count toward the savings objectives estab2 lished in the June 4, 2010, guidance of the Secretary of 

3 Defense on improved operational efficiencies and the an4 nual reduction in funding for service support contractors 

5 required by the August 16, 2010, guidance of the Sec6 retary of Defense on efficiency initiatives. As provided by 

7 the Secretary, cost avoidance shall not count toward these 

8 objectives. 

9 (i) EXTENSION OF AUTHORITY.—Subsection (e) of 

10 section 834 of the National Defense Authorization Act for 

11 Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is 

12 amended by striking ‘‘September 30, 2010’’ and inserting 

13 ‘‘December 31, 2011’’. 

14 SEC. 864. REVIEW OF DEFENSE ACQUISITION GUIDANCE. 

15 (a) REVIEW OF GUIDANCE.—The Secretary of De16 fense shall review the acquisition guidance of the Depart17 ment of Defense, including, at a minimum, the guidance 

18 contained in Department of Defense Instruction 5000.02 

19 entitled ‘‘Operation of the Defense Acquisition System’’. 

20 (b) MATTERS CONSIDERED.—The review performed 

21 under subsection (a) shall consider— 

22 (1) the extent to which the acquisition of com23 mercial goods and commodities, commercial and 

24 military unique services, and information technology 

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1 struction 5000.02 and other guidance primarily re2 lating to the acquisition of weapon systems, or 

3 should be addressed in separate instructions and 

4 guidance; 

5 (2) whether long-term sustainment and energy 

6 efficiency of weapon systems is appropriately empha7 sized; 

8 (3) whether appropriate mechanisms exist to 

9 communicate information relating to the mission 

10 needs of the Department of Defense to the industrial 

11 base in a way that allows the industrial base to 

12 make appropriate investments in infrastructure, ca13 pacity, and technology development to help meet 

14 such needs; 

15 (4) the extent to which earned value manage16 ment should be required on acquisitions not involv17 ing the acquisition of weapon systems and whether 

18 measures of quality and technical performance 

19 should be included in any earned value management 

20 system; and 

21 (5) such other matters as the Secretary con22 siders appropriate. 

23 (c) REPORT.—Not later than 270 days after the date 

24 of the enactment of this Act, the Secretary of Defense 

25 shall submit to the Committees on Armed Services of the 


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1 Senate and the House of Representatives a report detail2 ing any changes in the acquisition guidance of the Depart3 ment of Defense identified during the review required by 

4 subsection (a), and any actions taken, or planned to be 

5 taken, to implement such changes. 

6 SEC. 865. REQUIREMENT TO REVIEW REFERENCES TO 

7 SERVICES ACQUISITION THROUGHOUT THE 

8 FEDERAL ACQUISITION REGULATION AND 

9 THE DEFENSE FEDERAL ACQUISITION REGU10 LATION SUPPLEMENT. 

11 (a) REVIEW REQUIRED.—The Secretary of Defense, 

12 in consultation with the Administrator for Federal Pro13 curement Policy and the heads of such other Federal agen14 cies as the Secretary considers appropriate, shall review 

15 the Federal Acquisition Regulation and the Defense Fed16 eral Acquisition Regulation Supplement to ensure that 

17 such regulations include appropriate guidance for and ref18 erences to services acquisition that are in addition to ref19 erences provided in part 37 and the Defense Supplement 

20 to part 37. 

21 (b) MATTERS CONSIDERED.—The review required by 

22 subsection (a) shall consider the extent to which additional 

23 guidance is needed— 

24 (1) to provide the tools and processes needed to 

25 assist contracting officials in addressing the full 


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1 range of complexities that can arise in the acquisi2 tion of services; and 

3 (2) to enhance and support the procurement 

4 and project management community in all aspects of 

5 the process for the acquisition of services, including 

6 requirements development, assessment of reasonable7 ness, and post-award management and oversight. 

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

9 of the enactment of this Act, the Secretary of Defense 

10 shall submit to the Committees on Armed Services of the 

11 Senate and the House of Representatives a report con12 taining— 

13 (1) a summary of the findings of the review re14 quired by subsection (a); and 

15 (2) any recommendations that the Secretary 

16 may have for changes to the Federal Acquisition 

17 Regulation and the Defense Federal Acquisition 

18 Regulation Supplement to address such findings, in19 cluding identifying any changes that are necessary 

20 to improve part 37 (which specifically addresses 

21 services acquisitions). 

22 SEC. 866. PILOT PROGRAM ON ACQUISITION OF MILITARY 

23 PURPOSE NONDEVELOPMENTAL ITEMS. 

24 (a) PILOT PROGRAM AUTHORIZED.— 


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1 (1) IN GENERAL.—The Secretary of Defense 

2 may carry out a pilot program to assess the 

3 feasability and advisability of acquiring military pur4 pose nondevelopmental items in accordance with this 

5 section. 

6 (2) SCOPE OF PROGRAM.—Under the pilot pro7 gram, the Secretary may enter into contracts with 

8 nontraditional defense contractors for the acquisition 

9 of military purpose nondevelopmental items in ac10 cordance with the requirements set forth in sub11 section (b). 

12 (b) CONTRACT REQUIREMENTS.—Each contract en13 tered into under the pilot program— 

14 (1) shall be a firm, fixed price contract, or a 

15 firm, fixed price contract with an economic price ad16 justment clause awarded using competitive proce17 dures in accordance with chapter 137 of title 10, 

18 United States Code; 

19 (2) shall be in an amount not in excess of 

20 $50,000,000, including all options; 

21 (3) shall provide— 

22 (A) for the delivery of an initial lot of pro23 duction quantities of completed items not later 

24 than nine months after the date of the award 

25 of such contract; and 


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1 (B) that failure to make delivery as pro2 vided for under subparagraph (A) may result in 

3 the termination of such contract for default; 

4 and 

5 (4) shall be— 

6 (A) exempt from the requirement to sub7 mit certified cost or pricing data under section 

8 2306a of title 10, United States Code, and the 

9 cost accounting standards under section 26 of 

10 the Office of Federal Procurement Policy Act 

11 (41 U.S.C. 422); and 

12 (B) subject to the requirement to provide 

13 data other than certified cost or pricing data 

14 for the purpose of price reasonableness deter15 minations, as provided in section 2306a(d) of 

16 title 10, United States Code. 

17 (c) REGULATIONS.—If the Secretary establishes the 

18 pilot program authorized under subsection (a), the Sec19 retary shall prescribe regulations governing such pilot pro20 gram. Such regulations shall be included in regulations of 

21 the Department of Defense prescribed as part of the Fed22 eral Acquisition Regulation and shall include the contract 

23 clauses and procedures necessary to implement such pro24 gram. 

25 (d) REPORTS.— 


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1 (1) REPORTS ON PROGRAM ACTIVITIES.—Not 

2 later than 60 days after the end of any fiscal year 

3 in which the pilot program is in effect, the Secretary 

4 shall submit to the congressional defense committees 

5 a report on the pilot program. The report shall be 

6 in unclassified form but may include a classified 

7 annex. Each report shall include, for each contract 

8 entered into under the pilot program in the pre9 ceding fiscal year, the following: 

10 (A) The contractor. 

11 (B) The item or items to be acquired. 

12 (C) The military purpose to be served by 

13 such item or items. 

14 (D) The amount of the contract. 

15 (E) The actions taken by the Department 

16 of Defense to ensure that the price paid for 

17 such item or items is fair and reasonable. 

18 (2) PROGRAM ASSESSMENT.—If the Secretary 

19 establishes the pilot program authorized under sub20 section (a), not later than four years after the date 

21 of the enactment of this Act, the Comptroller Gen22 eral of the United States shall submit to the con23 gressional defense committees a report setting forth 

24 the assessment of the Comptroller General of the ex25 tent to which the pilot program— 


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1 (A) enabled the Department to acquire 

2 items that otherwise might not have been avail3 able to the Department; 

4 (B) assisted the Department in the rapid 

5 acquisition and fielding of capabilities needed to 

6 meet urgent operational needs; and 

7 (C) protected the interests of the United 

8 States in paying fair and reasonable prices for 

9 the item or items acquired. 

10 (e) DEFINITIONS.—In this section: 

11 (1) The term ‘‘military purpose nondevelop12 mental item’’ means a nondevelopmental item that 

13 meets a validated military requirement, as deter14 mined in writing by the responsible program man15 ager, and has been developed exclusively at private 

16 expense. For purposes of this paragraph, an item 

17 shall not be considered to be developed exclusively at 

18 private expense if development of the item was paid 

19 for in whole or in part through— 

20 (A) independent research and development 

21 costs or bid and proposal costs that have been 

22 reimbursed directly or indirectly by a Federal 

23 agency or have been submitted to a Federal 

24 agency for reimbursement; or 

25 (B) foreign government funding. 


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1 (2) The term ‘‘nondevelopmental item’’— 

2 (A) has the meaning given that term in 

3 section 4(13) of the Office of Federal Procure4 ment Policy Act (41 U.S.C. 403(13)); and 

5 (B) also includes previously developed 

6 items of supply that require modifications other 

7 than those customarily available in the commer8 cial marketplace if such modifications are con9 sistent with the requirement in subsection 

10 (b)(3)(A). 

11 (3) The term ‘‘nontraditional defense con12 tractor’’ has the meaning given that term in section 

13 2302(9) of title 10, United States Code (as added 

14 by subsection (g)). 

15 (4) The terms ‘‘independent research and devel16 opments costs’’ and ‘‘bid and proposal costs’’ have 

17 the meaning given such terms in section 31.205-18 

18 of the Federal Acquisition Regulation. 

19 (f) SUNSET.— 

20 (1) IN GENERAL.—The authority to carry out 

21 the pilot program shall expire on the date that is 

22 five years after the date of the enactment of this 

23 Act. 

24 (2) CONTINUATION OF CURRENT CONTRACTS.— 

25 The expiration under paragraph (1) of the authority 


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1 to carry out the pilot program shall not affect the 

2 validity of any contract awarded under the pilot pro3 gram before the date of the expiration of the pilot 

4 program under that paragraph. 

5 (g) STATUTORY DEFINITION OF NONTRADITIONAL

6 DEFENSE CONTRACTOR.— 

7 (1) NONTRADITIONAL DEFENSE CON8 TRACTOR.—Section 2302 of title 10, United States 

9 Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘(9) The term ‘nontraditional defense con12 tractor’, with respect to a procurement or with re13 spect to a transaction authorized under section 

14 2371(a) of this title, means an entity that is not 

15 currently performing and has not performed, for at 

16 least the one-year period preceding the solicitation of 

17 sources by the Department of Defense for the pro18 curement or transaction, any of the following for the 

19 Department of Defense: 

20 ‘‘(A) Any contract or subcontract that is 

21 subject to full coverage under the cost account22 ing standards prescribed pursuant to section 26 

23 of the Office of Federal Procurement Policy Act 

24 (41 U.S.C. 422) and the regulations imple25 menting such section. 


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1 ‘‘(B) Any other contract in excess of 

2 $500,000 under which the contractor is re3 quired to submit certified cost or pricing data 

4 under section 2306a of this title.’’. 

5 (2) CONFORMING AMENDMENT.—Section 845(f) 

6 of the National Defense Authorization Act for Fiscal 

7 Year 1994 (10 U.S.C. 2371 note) is amended to 

8 read as follows: 

9 ‘‘(f) NONTRADITIONAL DEFENSE CONTRACTOR DE10 FINED.—In this section, the term ‘nontraditional defense 

11 contractor’ has the meaning provided by section 2302(9) 

12 of title 10, United States Code.’’. 

13 PART II—DEFENSE ACQUISITION WORKFORCE 

14 SEC. 871. ACQUISITION WORKFORCE EXCELLENCE. 

15 (a) ACQUISITION WORKFORCE EXCELLENCE.—Sub16 chapter I of chapter 87 of title 10, United States Code, 

17 is amended by inserting after section 1701 the following 

18 new section: 

19 ‘‘§ 1701a. Management for acquisition workforce ex20 cellence 

21 ‘‘(a) PURPOSE.—The purpose of this chapter is to re22 quire the Department of Defense to develop and manage 

23 a highly skilled professional acquisition workforce— 

24 ‘‘(1) in which excellence and contribution to 

25 mission is rewarded; 


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1 ‘‘(2) which has the technical expertise and busi2 ness skills to ensure the Department receives the 

3 best value for the expenditure of public resources; 

4 ‘‘(3) which serves as a model for performance 

5 management of employees of the Department; and 

6 ‘‘(4) which is managed in a manner that com7 plements and reinforces the management of the de8 fense acquisition system pursuant to chapter 149 of 

9 this title. 

10 ‘‘(b) PERFORMANCE MANAGEMENT.—In order to 

11 achieve the purpose set forth in subsection (a), the Sec12 retary of Defense shall— 

13 ‘‘(1) use the full authorities provided in sub14 sections (a) through (d) of section 9902 of title 5, 

15 including flexibilities related to performance manage16 ment and hiring and to training of managers; 

17 ‘‘(2) require managers to develop performance 

18 plans for individual members of the acquisition 

19 workforce in order to give members an under20 standing of how their performance contributes to 

21 their organization’s mission and the success of the 

22 defense acquisition system (as defined in section 

23 2545 of this title); 

24 ‘‘(3) to the extent appropriate, use the lessons 

25 learned from the acquisition demonstration project 


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1 carried out under section 1762 of this title related 

2 to contribution-based compensation and appraisal, 

3 and how those lessons may be applied within the 

4 General Schedule system; 

5 ‘‘(4) develop attractive career paths; 

6 ‘‘(5) encourage continuing education and train7 ing; 

8 ‘‘(6) develop appropriate procedures for warn9 ings during performance evaluations for members of 

10 the acquisition workforce who consistently fail to 

11 meet performance standards; 

12 ‘‘(7) take full advantage of the Defense Civilian 

13 Leadership Program established under section 1112 

14 of the National Defense Authorization Act for Fiscal 

15 Year 2010 (Public Law 111–84; 123 Stat. 2496; 10 

16 U.S.C. 1580 note prec.); 

17 ‘‘(8) use the authorities for highly qualified ex18 perts under section 9903 of title 5, to hire experts 

19 who are skilled acquisition professionals to— 

20 ‘‘(A) serve in leadership positions within 

21 the acquisition workforce to strengthen manage22 ment and oversight; 

23 ‘‘(B) provide mentors to advise individuals 

24 within the acquisition workforce on their career 


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1 paths and opportunities to advance and excel 

2 within the acquisition workforce; and 

3 ‘‘(C) assist with the design of education 

4 and training courses and the training of indi5 viduals in the acquisition workforce; and 

6 ‘‘(9) use the authorities for expedited security 

7 clearance processing pursuant to section 1564 of 

8 this title. 

9 ‘‘(c) NEGOTIATIONS.—Any action taken by the Sec10 retary under this section, or to implement this section, 

11 shall be subject to the requirements of chapter 71 of title 

12 5. 

13 ‘‘(d) REGULATIONS.—Any rules or regulations pre14 scribed pursuant to this section shall be deemed an agency 

15 rule or regulation under section 7117(a)(2) of title 5, and 

16 shall not be deemed a Government-wide rule or regulation 

17 under section 7117(a)(1) of such title.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such subchapter is amended by insert20 ing after the item relating to section 1701 the following 

21 new item: 

‘‘1701a. Management for acquisition workforce excellence.’’. 

22 SEC. 872. AMENDMENTS TO THE ACQUISITION WORKFORCE 

23 DEMONSTRATION PROJECT. 

24 (a) CODIFICATION INTO TITLE 10.— 


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1 (1) IN GENERAL.—Chapter 87 of title 10, 

2 United States Code, is amended by inserting after 

3 section 1761 the following new section: 

4 ‘‘§ 1762. Demonstration project relating to certain ac5 quisition personnel management policies 

6 and procedures 

7 ‘‘(a) COMMENCEMENT.—The Secretary of Defense is 

8 authorized to carry out a demonstration project, the pur9 pose of which is to determine the feasibility or desirability 

10 of one or more proposals for improving the personnel man11 agement policies or procedures that apply with respect to 

12 the acquisition workforce of the Department of Defense 

13 and supporting personnel assigned to work directly with 

14 the acquisition workforce. 

15 ‘‘(b) TERMS AND CONDITIONS.—(1) Except as other16 wise provided in this subsection, any demonstration 

17 project described in subsection (a) shall be subject to sec18 tion 4703 of title 5 and all other provisions of such title 

19 that apply with respect to any demonstration project 

20 under such section. 

21 ‘‘(2) Subject to paragraph (3), in applying section 

22 4703 of title 5 with respect to a demonstration project 

23 described in subsection (a)— 

24 ‘‘(A) ‘180 days’ in subsection (b)(4) of such 

25 section shall be deemed to read ‘120 days’; 


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1 ‘‘(B) ‘90 days’ in subsection (b)(6) of such sec2 tion shall be deemed to read ‘30 days’; and 

3 ‘‘(C) subsection (d)(1) of such section shall be 

4 disregarded. 

5 ‘‘(3) Paragraph (2) shall not apply with respect to 

6 a demonstration project unless— 

7 ‘‘(A) for each organization or team partici8 pating in the demonstration project— 

9 ‘‘(i) at least one-third of the workforce par10 ticipating in the demonstration project consists 

11 of members of the acquisition workforce; and 

12 ‘‘(ii) at least two-thirds of the workforce 

13 participating in the demonstration project con14 sists of members of the acquisition workforce 

15 and supporting personnel assigned to work di16 rectly with the acquisition workforce; and 

17 ‘‘(B) the demonstration project commences be18 fore October 1, 2007. 

19 ‘‘(c) LIMITATION ON NUMBER OF PARTICIPANTS.— 

20 The total number of persons who may participate in the 

21 demonstration project under this section may not exceed 

22 120,000. 

23 ‘‘(d) EFFECT OF REORGANIZATIONS.—The applica24 bility of paragraph (2) of subsection (b) to an organization 

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1 tion or team, after having satisfied the conditions in para2 graph (3) of such subsection when it began to participate 

3 in a demonstration project under this section, ceases to 

4 meet one or both of the conditions set forth in subpara5 graph (A) of such paragraph (3) as a result of a reorga6 nization, restructuring, realignment, consolidation, or 

7 other organizational change. 

8 ‘‘(e) ASSESSMENTS.—(1) The Secretary of Defense 

9 shall designate an independent organization to conduct 

10 two assessments of the acquisition workforce demonstra11 tion project described in subsection (a). 

12 ‘‘(2) Each such assessment shall include the fol13 lowing: 

14 ‘‘(A) A description of the workforce included in 

15 the project. 

16 ‘‘(B) An explanation of the flexibilities used in 

17 the project to appoint individuals to the acquisition 

18 workforce and whether those appointments are based 

19 on competitive procedures and recognize veteran’s 

20 preferences. 

21 ‘‘(C) An explanation of the flexibilities used in 

22 the project to develop a performance appraisal sys23 tem that recognizes excellence in performance and 

24 offers opportunities for improvement. 


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1 ‘‘(D) The steps taken to ensure that such sys2 tem is fair and transparent for all employees in the 

3 project. 

4 ‘‘(E) How the project allows the organization to 

5 better meet mission needs. 

6 ‘‘(F) An analysis of how the flexibilities in sub7 paragraphs (B) and (C) are used, and what barriers 

8 have been encountered that inhibit their use. 

9 ‘‘(G) Whether there is a process for— 

10 ‘‘(i) ensuring ongoing performance feed11 back and dialogue among supervisors, man12 agers, and employees throughout the perform13 ance appraisal period; and 

14 ‘‘(ii) setting timetables for performance ap15 praisals. 

16 ‘‘(H) The project’s impact on career progres17 sion. 

18 ‘‘(I) The project’s appropriateness or inappro19 priateness in light of the complexities of the work20 force affected. 

21 ‘‘(J) The project’s sufficiency in terms of pro22 viding protections for diversity in promotion and re23 tention of personnel. 


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1 ‘‘(K) The adequacy of the training, policy 

2 guidelines, and other preparations afforded in con3 nection with using the project. 

4 ‘‘(L) Whether there is a process for ensuring 

5 employee involvement in the development and im6 provement of the project. 

7 ‘‘(3) The first assessment under this subsection shall 

8 be completed not later than September 30, 2012. The sec9 ond and final assessment shall be completed not later than 

10 September 30, 2016. The Secretary shall submit to the 

11 covered congressional committees a copy of each assess12 ment within 30 days after receipt by the Secretary of the 

13 assessment. 

14 ‘‘(f) COVERED CONGRESSIONAL COMMITTEES.—In 

15 this section, the term ‘covered congressional committees’ 

16 means— 

17 ‘‘(1) the Committees on Armed Services of the 

18 Senate and the House of Representatives; 

19 ‘‘(2) the Committee on Homeland Security and 

20 Governmental Affairs of the Senate; and 

21 ‘‘(3) the Committee on Oversight and Govern22 ment Reform of the House of Representatives. 

23 ‘‘(g) TERMINATION OF AUTHORITY.—The authority 

24 to conduct a demonstration program under this section 

25 shall terminate on September 30, 2017. 


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1 ‘‘(h) CONVERSION.—Within 6 months after the au2 thority to conduct a demonstration project under this sec3 tion is terminated as provided in subsection (g), employees 

4 in the project shall convert to the civilian personnel system 

5 created pursuant to section 9902 of title 5.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of subchapter V of chapter 87 

8 of title 10, United States Code, is amended by in9 serting after the item relating to section 1761 the 

10 following new item: 

‘‘1762. Demonstration project relating to certain acquisition personnel management policies and procedures.’’. 

11 (b) CONFORMING REPEAL.—Section 4308 of the Na12 tional Defense Authorization Act for Fiscal Year 1996 

13 (Public Law 104–106; 10 U.S.C. 1701 note) is repealed. 

14 SEC. 873. CAREER DEVELOPMENT FOR CIVILIAN AND MILI15 TARY PERSONNEL IN THE ACQUISITION 

16 WORKFORCE. 

17 (a) CAREER PATHS.— 

18 (1) AMENDMENT.—Chapter 87 of title 10, 

19 United States Code, is amended by inserting after 

20 section 1722a the following new section: 

21 ‘‘§ 1722b. Special requirements for civilian employees 

22 in the acquisition field 

23 ‘‘(a) REQUIREMENT FOR POLICY AND GUIDANCE RE24 GARDING CIVILIAN PERSONNEL IN ACQUISITION.—The 


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1 Secretary of Defense, acting through the Under Secretary 

2 of Defense for Acquisition, Technology, and Logistics, 

3 shall establish policies and issue guidance to ensure the 

4 proper development, assignment, and employment of civil5 ian members of the acquisition workforce to achieve the 

6 objectives specified in subsection (b). 

7 ‘‘(b) OBJECTIVES.—Policies established and guidance 

8 issued pursuant to subsection (a) shall ensure, at a min9 imum, the following: 

10 ‘‘(1) A career path in the acquisition field that 

11 attracts the highest quality civilian personnel, from 

12 either within or outside the Federal Government. 

13 ‘‘(2) A deliberate workforce development strat14 egy that increases attainment of key experiences 

15 that contribute to a highly qualified acquisition 

16 workforce. 

17 ‘‘(3) Sufficient opportunities for promotion and 

18 advancement in the acquisition field. 

19 ‘‘(4) A sufficient number of qualified, trained 

20 members eligible for and active in the acquisition 

21 field to ensure adequate capacity, capability, and ef22 fective succession for acquisition functions, including 

23 contingency contracting, of the Department of De24 fense. 


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1 ‘‘(5) A deliberate workforce development strat2 egy that ensures diversity in promotion, advance3 ment, and experiential opportunities commensurate 

4 with the general workforce outlined in this section. 

5 ‘‘(c) INCLUSION OF INFORMATION IN ANNUAL RE6 PORT.—The Secretary of Defense shall include in the re7 port to Congress required under section 115b(d) of this 

8 title the following information related to the acquisition 

9 workforce for the period covered by the report (which shall 

10 be shown for the Department of Defense as a whole and 

11 separately for the Army, Navy, Air Force, Marine Corps, 

12 Defense Agencies, and Office of the Secretary of Defense): 

13 ‘‘(1) The total number of persons serving in the 

14 Acquisition Corps, set forth separately for members 

15 of the armed forces and civilian employees, by grade 

16 level and by functional specialty. 

17 ‘‘(2) The total number of critical acquisition po18 sitions held, set forth separately for members of the 

19 armed forces and civilian employees, by grade level 

20 and by other appropriate categories (including by 

21 program manager, deputy program manager, and di22 vision head positions), including average length of 

23 time served in each position. For each such category, 

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1 ing such positions compared to the total number of 

2 positions filled. 

3 ‘‘(3) The number of employees to whom the re4 quirements of subsections (b)(2)(A) and (b)(2)(B) of 

5 section 1732 of this title did not apply because of 

6 the exceptions provided in paragraphs (1) and (2) of 

7 section 1732(c) of this title, set forth separately by 

8 type of exception. 

9 ‘‘(4) The number of times a waiver authority 

10 was exercised under section 1724(d), 1732(d), 

11 1734(d), or 1736(c) of this title or any other provi12 sion of this chapter (or other provision of law) which 

13 permits the waiver of any requirement relating to 

14 the acquisition workforce, and in the case of each 

15 such authority, the reasons for exercising the au16 thority. The Secretary may present the information 

17 provided under this paragraph by category or group18 ing of types of waivers and reasons.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of subchapter II of chapter 87 

21 of such title is amended by inserting after the item 

22 relating to section 1722a the following new item: 

‘‘1722b. Special requirements for civilian employees in the acquisition field.’’. 

23 (b) CAREER EDUCATION AND TRAINING.—Section 

24 1723 of such title is amended by redesignating subsection 


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1 (b) as subsection (c) and inserting after subsection (a) the 

2 following new subsection: 

3 ‘‘(b) CAREER PATH REQUIREMENTS.—For each ca4 reer path, the Secretary of Defense, acting through the 

5 Under Secretary of Defense for Acquisition, Technology, 

6 and Logistics, shall establish requirements for the comple7 tion of course work and related on-the-job training and 

8 demonstration of qualifications in the critical acquisition9 related duties and tasks of the career path. The Secretary 

10 of Defense, acting through the Under Secretary, shall 

11 also— 

12 ‘‘(1) encourage individuals in the acquisition 

13 workforce to maintain the currency of their acquisi14 tion knowledge and generally enhance their knowl15 edge of related acquisition management disciplines 

16 through academic programs and other self-develop17 mental activities; and 

18 ‘‘(2) develop key work experiences, including 

19 the creation of a program sponsored by the Depart20 ment of Defense that facilitates the periodic inter21 action between individuals in the acquisition work22 force and the end user in such end user’s environ23 ment to enhance the knowledge base of such work24 force, for individuals in the acquisition workforce so 

25 that the individuals may gain in-depth knowledge 


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1 and experience in the acquisition process and become 

2 seasoned, well-qualified members of the acquisition 

3 workforce.’’. 

4 SEC. 874. RECERTIFICATION AND TRAINING REQUIRE5 MENTS. 

6 (a) CONTINUING EDUCATION.—Section 1723 of title 

7 10, United States Code, as amended by section 873, is 

8 further amended by amending subsection (a) to read as 

9 follows: 

10 ‘‘(a) QUALIFICATION REQUIREMENTS.—(1) The Sec11 retary of Defense shall establish education, training, and 

12 experience requirements for each acquisition position, 

13 based on the level of complexity of duties carried out in 

14 the position. In establishing such requirements, the Sec15 retary shall ensure the availability and sufficiency of train16 ing in all areas of acquisition, including additional training 

17 courses with an emphasis on services contracting, market 

18 research strategies (including assessments of local con19 tracting capabilities), long-term sustainment strategies, 

20 information technology, and rapid acquisition. 

21 ‘‘(2) In establishing such requirements for positions 

22 other than critical acquisition positions designated pursu23 ant to section 1733 of this title, the Secretary may state 

24 the requirements by categories of positions. 


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1 ‘‘(3) The Secretary of Defense, acting through the 

2 Under Secretary of Defense for Acquisition, Technology, 

3 and Logistics, shall establish requirements for continuing 

4 education and periodic renewal of an individual’s certifi5 cation. Any requirement for a certification renewal shall 

6 not require a renewal more often than once every five 

7 years.’’. 

8 (b) STANDARDS FOR TRAINING.— 

9 (1) IN GENERAL.—Subchapter IV of Chapter 

10 87 of title 10, United States Code, is amended by 

11 adding at the end the following new section: 

12 ‘‘§ 1748. Fulfillment standards for acquisition work13 force training 

14 ‘‘The Secretary of Defense, acting through the Under 

15 Secretary of Defense for Acquisition, Technology, and Lo16 gistics, shall develop fulfillment standards, and implement 

17 and maintain a program, for purposes of the training re18 quirements of sections 1723, 1724, and 1735 of this title. 

19 Such fulfillment standards shall consist of criteria for de20 termining whether an individual has demonstrated com21 petence in the areas that would be taught in the training 

22 courses required under those sections. If an individual 

23 meets the appropriate fulfillment standard, the applicable 

24 training requirement is fulfilled.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such subchapter is amend3 ed by adding at the end the following new item: 

‘‘1748. Fulfillment standards for acquisition workforce training.’’. 

4 (3) DEADLINE FOR FULFILLMENT STAND5 ARDS.—The fulfillment standards required under 

6 section 1748 of title 10, United States Code, as 

7 added by paragraph (1), shall be developed not later 

8 than 270 days after the date of the enactment of 

9 this Act. 

10 (4) CONFORMING REPEAL.—Section 853 of 

11 Public Law 105–85 (111 Stat. 1851) is repealed. 

12 SEC. 875. INFORMATION TECHNOLOGY ACQUISITION 

13 WORKFORCE. 

14 (a) PLAN REQUIRED.—The Secretary of Defense 

15 shall develop and carry out a plan to strengthen the part 

16 of the acquisition workforce that specializes in information 

17 technology. The plan shall include the following: 

18 (1) Defined targets for billets devoted to infor19 mation technology acquisition. 

20 (2) Specific certification requirements for indi21 viduals in the acquisition workforce who specialize in 

22 information technology acquisition. 

23 (3) Defined career paths for individuals in the 

24 acquisition workforce who specialize in information 

25 technology acquisitions. 


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1 (b) DEFINITIONS.—In this section: 

2 (1) The term ‘‘information technology’’ has the 

3 meaning provided such term in section 11101 of title 

4 40, United States Code, and includes information 

5 technology incorporated into a major weapon system. 

6 (2) The term ‘‘major weapon system’’ has the 

7 meaning provided such term in section 2379(f) of 

8 title 10, United States Code. 

9 (c) DEADLINE.—The Secretary of Defense shall de10 velop the plan required under this section not later than 

11 270 days after the date of the enactment of this Act. 

12 SEC. 876. DEFINITION OF ACQUISITION WORKFORCE. 

13 Section 101(a) of title 10, United States Code, is 

14 amended by inserting after paragraph (17) the following 

15 new paragraph: 

16 ‘‘(18) The term ‘acquisition workforce’ means 

17 the persons serving in acquisition positions within 

18 the Department of Defense, as designated pursuant 

19 to section 1721(a) of this title.’’. 

20 SEC. 877. DEFENSE ACQUISITION UNIVERSITY CUR21 RICULUM REVIEW. 

22 (a) CURRICULUM REVIEW.—Not later than one year 

23 after the date of the enactment of this Act, the Under 

24 Secretary of Defense for Acquisition, Technology, and Lo25 gistics shall lead a review of the curriculum offered by the 


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1 Defense Acquisition University to ensure it adequately 

2 supports the training and education requirements of ac3 quisition professionals, particularly in service contracting, 

4 long term sustainment strategies, information technology, 

5 and rapid acquisition. The review shall also involve the 

6 service acquisition executives of each military department. 

7 (b) ANALYSIS OF FUNDING REQUIREMENTS FOR

8 TRAINING.—Following the review conducted under sub9 section (a), the Secretary of Defense shall analyze the 

10 most recent future-years defense program to determine 

11 the amounts of estimated expenditures and proposed ap12 propriations necessary to support the training require13 ments of the amendments made by section 874, including 

14 any new training requirements determined after the review 

15 conducted under subsection (a). The Secretary shall iden16 tify any additional funding needed for such training re17 quirements in the separate chapter on the defense acquisi18 tion workforce required in the next annual strategic work19 force plan under 115b of title 10, United States Code. 

20 (c) REQUIREMENT FOR ONGOING CURRICULUM DE21 VELOPMENT WITH CERTAIN SCHOOLS.— 

22 (1) REQUIREMENT.—Section 1746 of title 10, 

23 United States Code, is amended by adding at the 

24 end the following new subsection: 


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1 ‘‘(c) CURRICULUM DEVELOPMENT.—The President 

2 of the Defense Acquisition University shall work with the 

3 relevant professional schools and degree-granting institu4 tions of the Department of Defense and military depart5 ments to ensure that best practices are used in curriculum 

6 development to support acquisition workforce positions.’’. 

7 (2) AMENDMENT TO SECTION HEADING.—(A) 

8 The heading of section 1746 of such title is amended 

9 to read as follows: 

10 ‘‘§ 1746. Defense Acquisition University’’. 

11 (B) The item relating to section 1746 in the 

12 table of sections at the beginning of subchapter IV 

13 of chapter 87 of such title is amended to read as fol14 lows: 

‘‘1746. Defense Acquisition University.’’. 

15 PART III—FINANCIAL MANAGEMENT 

16 SEC. 881. AUDIT READINESS OF FINANCIAL STATEMENTS 

17 OF THE DEPARTMENT OF DEFENSE. 

18 (a) INTERIM MILESTONES.— 

19 (1) REQUIREMENT.—Not later than 90 days 

20 after the date of the enactment of this Act, the 

21 Under Secretary of Defense (Comptroller), in con22 sultation with the Deputy Chief Management Officer 

23 of the Department of Defense, the secretaries of the 

24 military departments, and the heads of the defense 

25 agencies and defense field activities, shall establish 


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1 interim milestones for achieving audit readiness of 

2 the financial statements of the Department of De3 fense, consistent with the requirements of section 

4 1003 of the National Defense Authorization Act for 

5 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

6 2439; 10 U.S.C. 2222 note). 

7 (2) MATTERS INCLUDED.—The interim mile8 stones established pursuant to paragraph (1) shall 

9 include, at a minimum, for each military department 

10 and for the defense agencies and defense field activi11 ties— 

12 (A) an interim milestone for achieving 

13 audit readiness for each major element of the 

14 statement of budgetary resources, including ci15 vilian pay, military pay, supply orders, con16 tracts, and funds balance with the Treasury; 

17 and 

18 (B) an interim milestone for addressing 

19 the existence and completeness of each major 

20 category of Department of Defense assets, in21 cluding military equipment, real property, in22 ventory, and operating material and supplies. 

23 (3) DESCRIPTION IN SEMIANNUAL REPORTS.— 

24 The Under Secretary shall describe each interim 

25 milestone established pursuant to paragraph (1) in 


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1 the next semiannual report submitted pursuant to 

2 section 1003(b) of the National Defense Authoriza3 tion Act for Fiscal Year 2010 (Public Law 111–84; 

4 123 Stat. 2439; 10 U.S.C. 2222 note). Each subse5 quent semiannual report submitted pursuant to sec6 tion 1003(b) shall explain how the Department has 

7 progressed toward meeting such interim milestones. 

8 (b) VALUATION OF DEPARTMENT OF DEFENSE AS9 SETS.— 

10 (1) REQUIREMENT.—Not later than 120 days 

11 after the date of the enactment of this Act, the 

12 Under Secretary of Defense (Comptroller) shall, in 

13 consultation with other appropriate Federal agencies 

14 and officials— 

15 (A) examine the costs and benefits of alter16 native approaches to the valuation of Depart17 ment of Defense assets; 

18 (B) select an approach to such valuation 

19 that is consistent with principles of sound fi20 nancial management and the conservation of 

21 taxpayer resources; and 

22 (C) begin the preparation of a business 

23 case analysis supporting the selected approach. 

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1 proach, and the business case analysis supporting 

2 that approach in the next semiannual report sub3 mitted pursuant to section 1003(b) of the National 

4 Defense Authorization Act for Fiscal Year 2010 

5 (Public Law 111–84; 123 Stat. 2439; 10 U.S.C. 

6 2222 note). 

7 (c) REMEDIAL ACTIONS REQUIRED.—In the event 

8 that the Department of Defense, or any component of the 

9 Department of Defense, is unable to meet an interim mile10 stone established pursuant to subsection (a), the Under 

11 Secretary of Defense (Comptroller) shall— 

12 (1) develop a remediation plan to ensure that— 

13 (A) the component will meet the interim 

14 milestone no more than one year after the origi15 nally scheduled date; and 

16 (B) the component’s failure to meet the in17 terim milestone will not have an adverse impact 

18 on the Department’s ability to carry out the 

19 plan under section 1003(a) of the National De20 fense Authorization Act for Fiscal Year 2010 

21 (Public Law 111–84; 123 Stat. 2439; 10 

22 U.S.C. 2222 note); and 

23 (2) include in the next semiannual report sub24 mitted pursuant to section 1003(b) of the National 

25 Defense Authorization Act for Fiscal Year 2010 


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1 (Public Law 111–84; 123 Stat. 2439; 10 U.S.C. 

2 2222 note)— 

3 (A) a statement of the reasons why the 

4 Department of Defense, or component of the 

5 Department of Defense, will be unable to meet 

6 such interim milestone; 

7 (B) the revised completion date for meet8 ing such interim milestone; and 

9 (C) a description of the actions that have 

10 been taken and are planned to be taken by the 

11 Department of Defense, or component of the 

12 Department of Defense, to meet such interim 

13 milestone. 

14 (d) INCENTIVES FOR ACHIEVING AUDITABILITY.— 

15 (1) REVIEW REQUIRED.—Not later than 120 

16 days after the date of the enactment of this Act, the 

17 Under Secretary of Defense (Comptroller) shall re18 view options for providing appropriate incentives to 

19 the military departments, Defense Agencies, and de20 fense field activities to ensure that financial state21 ments are validated as ready for audit earlier than 

22 September 30, 2017. 

23 (2) OPTIONS REVIEWED.—The review per24 formed pursuant to paragraph (1) shall consider 

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1 fidence that can be placed in auditable financial 

2 statements, and shall include, at a minimum, consid3 eration of the following options: 

4 (A) Consistent with the need to fund ur5 gent warfighter requirements and operational 

6 needs, priority in the release of appropriated 

7 funds. 

8 (B) Relief from the frequency of financial 

9 reporting in cases in which such reporting is 

10 not required by law. 

11 (C) Relief from departmental obligation 

12 and expenditure thresholds to the extent that 

13 such thresholds establish requirements more re14 strictive than those required by law. 

15 (D) Increases in thresholds for reprogram16 ming of funds. 

17 (E) Personnel management incentives for 

18 the financial and business management work19 force. 

20 (F) Such other measures as the Under 

21 Secretary considers appropriate. 

22 (3) REPORT.—The Under Secretary shall in23 clude a discussion of the review performed pursuant 

24 to paragraph (1) in the next semiannual report pur25 suant to section 1003(b) of the National Defense 


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1 Authorization Act for Fiscal Year 2010 (Public Law 

2 111–84; 123 Stat. 2439; 10 U.S.C. 2222 note) and 

3 for each option considered pursuant to paragraph 

4 (2) shall include— 

5 (A) an assessment of the extent to which 

6 the implementation of the option— 

7 (i) would be consistent with the effi8 cient operation of the Department of De9 fense and the effective funding of essential 

10 Department of Defense programs and ac11 tivities; and 

12 (ii) would contribute to the achieve13 ment of Department of Defense goals to 

14 prepare auditable financial statements; and 

15 (B) a recommendation on whether such op16 tion should be adopted, a schedule for imple17 menting the option if adoption is recommended, 

18 or a reason for not recommending the option if 

19 adoption is not recommended. 

20 SEC. 882. REVIEW OF OBLIGATION AND EXPENDITURE 

21 THRESHOLDS. 

22 (a) PROCESS REVIEW.—Not later than one year after 

23 the date of the enactment of this Act, the Chief Manage24 ment Officer of the Department of Defense, in coordina25 tion with the Chief Management Officer of each military 


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1 department, the Director of the Office of Performance As2 sessment and Root Cause Analysis, the Under Secretary 

3 of Defense (Comptroller), and the Comptrollers of the 

4 military departments, shall complete a comprehensive re5 view of the use and value of obligation and expenditure 

6 benchmarks and propose new benchmarks or processes for 

7 tracking financial performance, including, as appro8 priate— 

9 (1) increased reliance on individual obligation 

10 and expenditure plans for measuring program finan11 cial performance; 

12 (2) mechanisms to improve funding stability 

13 and to increase the predictability of the release of 

14 funding for obligation and expenditure; and 

15 (3) streamlined mechanisms for a program 

16 manager to submit an appeal for funding changes 

17 and to have such appeal evaluated promptly. 

18 (b) TRAINING.—The Under Secretary of Defense for 

19 Acquisition, Technology, and Logistics and the Under Sec20 retary of Defense (Comptroller) shall ensure that, as part 

21 of the training required for program managers and busi22 ness managers, an emphasis is placed on obligating and 

23 expending appropriated funds in a manner that achieves 

24 the best value for the Government and that the purpose 


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1 and limitations of obligation and expenditure benchmarks 

2 are made clear. 

3 (c) REPORT.—The Deputy Chief Management Offi4 cer of the Department of Defense shall include a report 

5 on the results of the review under this section in the next 

6 update of the strategic management plan transmitted to 

7 the Committees on Armed Services of the Senate and the 

8 House of Representatives under section 904(d) of the Na9 tional Defense Authorization Act for Fiscal Year 2008 

10 (Public Law 110–181; 122 Stat. 275; 10 U.S.C. note prec. 

11 2201) after the completion of the review. 

12 SEC. 883. DISCLOSURE AND TRACEABILITY OF THE COST 

13 OF DEPARTMENT OF DEFENSE HEALTH CARE 

14 CONTRACTS. 

15 (a) REPORT.— 

16 (1) REQUIREMENT.—Not later than September 

17 30, 2011, the Comptroller General of the United 

18 States shall submit to the Committee on Armed 

19 Services of the Senate and the Committee on Armed 

20 Services of the House of Representatives a detailed 

21 report on the additional cost to the Department of 

22 Defense associated with compliance with the Patient 

23 Protection and Affordable Care Act (Public Law 

24 111–148) and the Health Care and Education Rec25 onciliation Act of 2010 (Public Law 111–152). 


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1 (2) MATTERS COVERED.—The report required 

2 by paragraph (1) shall include an estimate of— 

3 (A) the additional costs, if any, incurred 

4 on health care contracts to comply with such 

5 Acts; and 

6 (B) any other additional costs to the De7 partment of Defense to comply with such Acts. 

8 (b) HEALTH CARE CONTRACT DEFINED.—In this 

9 section, the term ‘‘health care contract’’ means a contract 

10 awarded by the Department of Defense in an amount 

11 greater than the simplified acquisition threshold for the 

12 acquisition of any of the following: 

13 (1) Medical supplies. 

14 (2) Health care services and administration, in15 cluding the services of medical personnel. 

16 (3) Durable medical equipment. 

17 (4) Pharmaceuticals. 

18 (5) Health care-related information technology. 

19 PART IV—INDUSTRIAL BASE 

20 SEC. 891. EXPANSION OF THE INDUSTRIAL BASE. 

21 (a) PROGRAM TO EXPAND INDUSTRIAL BASE RE22 QUIRED.—The Secretary of Defense shall establish a pro23 gram to expand the industrial base of the Department of 

24 Defense to increase the Department’s access to innovation 

25 and the benefits of competition. 


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1 (b) IDENTIFYING AND COMMUNICATING WITH FIRMS

2 THAT ARE NOT TRADITIONAL SUPPLIERS.—The program 

3 established under subsection (a) shall use tools and re4 sources available within the Federal Government and 

5 available from the private sector to provide a capability 

6 for identifying and communicating with firms that are not 

7 traditional suppliers, including commercial firms and 

8 firms of all business sizes, that are engaged in markets 

9 of importance to the Department of Defense in which such 

10 firms can make a significant contribution. 

11 (c) OUTREACH TO LOCAL FIRMS NEAR DEFENSE IN12 STALLATIONS.—The program established under sub13 section (a) shall include outreach, using procurement tech14 nical assistance centers, to firms of all business sizes in 

15 the vicinity of Department of Defense installations regard16 ing opportunities to obtain contracts and subcontracts to 

17 perform work at such installations. 

18 (d) INDUSTRIAL BASE REVIEW.—The program es19 tablished under subsection (a) shall include a continuous 

20 effort to review the industrial base supporting the Depart21 ment of Defense, including the identification of markets 

22 of importance to the Department of Defense in which 

23 firms that are not traditional suppliers can make a signifi24 cant contribution. 


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1 (e) FIRMS THAT ARE NOT TRADITIONAL SUP2 PLIERS.—For purposes of this section, a firm is not a tra3 ditional supplier of the Department of Defense if it does 

4 not currently have contracts and subcontracts to perform 

5 work for the Department of Defense with a total combined 

6 value in excess of $500,000 

7 (f) PROCUREMENT TECHNICAL ASSISTANCE CEN8 TER.—In this section, the term ‘‘procurement technical 

9 assistance center’’ means a center operating under a coop10 erative agreement with the Defense Logistics Agency to 

11 provide procurement technical assistance pursuant to the 

12 authority provided in chapter 142 of title 10, United 

13 States Code. 

14 SEC. 892. PRICE TREND ANALYSIS FOR SUPPLIES AND 

15 EQUIPMENT PURCHASED BY THE DEPART16 MENT OF DEFENSE. 

17 (a) PRICE TREND ANALYSIS PROCEDURES.— 

18 (1) IN GENERAL.—The Secretary of Defense 

19 shall develop and implement procedures that, to the 

20 maximum extent practicable, provide for the collec21 tion and analysis of information on price trends for 

22 covered supplies and equipment purchased by the 

23 Department of Defense. The procedures shall in24 clude an automated process for identifying cat25 egories of covered supplies and equipment described 


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1 in paragraph (2) that have experienced significant 

2 escalation in prices. 

3 (2) CATEGORY OF COVERED SUPPLIES AND

4 EQUIPMENT.—A category of covered supplies and 

5 equipment referred to in paragraph (1) consists of 

6 covered supplies and equipment that have the same 

7 National Stock Number, are in a single Federal 

8 Supply Group or Federal Supply Class, are provided 

9 by a single contractor, or are otherwise logically 

10 grouped for the purpose of analyzing information on 

11 price trends. 

12 (3) REQUIREMENT TO EXAMINE CAUSES OF ES13 CALATION.—An analysis conducted pursuant to 

14 paragraph (1) shall include, for any category in 

15 which significant escalation in prices is identified, a 

16 more detailed examination of the causes of esca17 lation for such prices within the category and wheth18 er such price escalation is consistent across the De19 partment of Defense. 

20 (4) REQUIREMENT TO ADDRESS UNJUSTIFIED

21 ESCALATION.—The head of a Defense Agency or the 

22 Secretary of a military department shall take appro23 priate action to address any unjustified escalation in 

24 prices being paid for items procured by that agency 


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1 or military department as identified in an analysis 

2 conducted pursuant to paragraph (1). 

3 (b) ANNUAL REPORT.—Not later than April 1 of 

4 each year, the Secretary of Defense shall submit to the 

5 Committee on Armed Services of the Senate and the Com6 mittee on Armed Services of the House of Representatives 

7 a report on the analyses of price trends that were con8 ducted for categories of covered supplies and equipment 

9 during the preceding fiscal year under the procedures im10 plemented pursuant to paragraph (1). The report shall in11 clude a description of the actions taken to identify and 

12 address any unjustified price escalation for the categories 

13 of items. 

14 (c) DEFINITIONS.—In this section: 

15 (1) SUPPLIES AND EQUIPMENT.—The term 

16 ‘‘supplies and equipment’’ means items classified as 

17 supplies and equipment under the Federal Supply 

18 Classification System. 

19 (2) COVERED SUPPLIES AND EQUIPMENT.—The 

20 term ‘‘covered supplies and equipment’’ means all 

21 supplies and equipment purchased by the Depart22 ment of Defense. The term does not include major 

23 weapon systems but does include individual parts 

24 and components purchased as spare or replenish25 ment parts for such weapon systems. 


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1 (d) SUNSET DATE.—This section shall not be in ef2 fect on and after April 1, 2015. 

3 SEC. 893. CONTRACTOR BUSINESS SYSTEMS. 

4 (a) IMPROVEMENT PROGRAM.—Not later than 270 

5 days after the date of the enactment of this Act, the Sec6 retary of Defense shall develop and initiate a program for 

7 the improvement of contractor business systems to ensure 

8 that such systems provide timely, reliable information for 

9 the management of Department of Defense programs by 

10 the contractor and by the Department. 

11 (b) APPROVAL OR DISAPPROVAL OF BUSINESS SYS12 TEMS.—The program developed pursuant to subsection 

13 (a) shall— 

14 (1) include system requirements for each type 

15 of contractor business system covered by the pro16 gram; 

17 (2) establish a process for reviewing contractor 

18 business systems and identifying significant defi19 ciencies in such systems; 

20 (3) identify officials of the Department of De21 fense who are responsible for the approval or dis22 approval of contractor business systems; 

23 (4) provide for the approval of any contractor 

24 business system that does not have a significant de25 ficiency; and 


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1 (5) provide for— 

2 (A) the disapproval of any contractor busi3 ness system that has a significant deficiency; 

4 and 

5 (B) reduced reliance on, and enhanced 

6 scrutiny of, data provided by a contractor busi7 ness system that has been disapproved. 

8 (c) REMEDIAL ACTIONS.—The program developed 

9 pursuant to subsection (a) shall provide the following: 

10 (1) In the event a contractor business system is 

11 disapproved pursuant to subsection (b)(5), appro12 priate officials of the Department of Defense will be 

13 available to work with the contractor to develop a 

14 corrective action plan defining specific actions to be 

15 taken to address the significant deficiencies identi16 fied in the system and a schedule for the implemen17 tation of such actions. 

18 (2) An appropriate official of the Department 

19 of Defense may withhold up to 10 percent of 

20 progress payments, performance-based payments, 

21 and interim payments under covered contracts from 

22 a covered contractor, as needed to protect the inter23 ests of the Department and ensure compliance, if 

24 one or more of the contractor business systems of 

25 the contractor has been disapproved pursuant to 


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1 subsection (b)(5) and has not subsequently received 

2 approval. 

3 (3) The amount of funds to be withheld under 

4 paragraph (2) shall be reduced if a contractor 

5 adopts an effective corrective action plan pursuant 

6 to paragraph (1) and is effectively implementing 

7 such plan. 

8 (d) GUIDANCE AND TRAINING.—The program devel9 oped pursuant to subsection (a) shall provide guidance and 

10 training to appropriate government officials on the data 

11 that is produced by contractor business systems and the 

12 manner in which such data should be used to effectively 

13 manage Department of Defense programs. 

14 (e) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to prohibit an official of the De16 partment of Defense from reviewing, approving, or dis17 approving a contractor business system pursuant to any 

18 applicable law or regulation in force as of the date of the 

19 enactment of this Act during the period between the date 

20 of the enactment of this Act and the date on which the 

21 Secretary implements the requirements of this section 

22 with respect to such system. 

23 (f) DEFINITIONS.—In this section: 

24 (1) The term ‘‘contractor business system’’ 

25 means an accounting system, estimating system, 


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1 purchasing system, earned value management sys2 tem, material management and accounting system, 

3 or property management system of a contractor. 

4 (2) The term ‘‘covered contractor’’ means a 

5 contractor that is subject to the cost accounting 

6 standards under section 26 of the Office of Federal 

7 Procurement Policy Act (41 U.S.C. 422). 

8 (3) The term ‘‘covered contract’’ means a cost9 reimbursement contract, incentive-type contract, 

10 time-and-materials contract, or labor-hour contract 

11 that could be affected if the data produced by a con12 tractor business system has a significant deficiency. 

13 (4) The term ‘‘significant deficiency’’, in the 

14 case of a contractor business system, means a short15 coming in the system that materially affects the abil16 ity of officials of the Department of Defense and the 

17 contractor to rely upon information produced by the 

18 system that is needed for management purposes. 

19 (g) DEFENSE CONTRACT AUDIT AGENCY LEGAL RE20 SOURCES AND EXPERTISE.— 

21 (1) REQUIREMENT.—The Secretary of Defense 

22 shall ensure that— 

23 (A) the Defense Contract Audit Agency 

24 has sufficient legal resources and expertise to 

25 conduct its work in compliance with applicable 


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1 Department of Defense policies and procedures; 

2 and 

3 (B) such resources and expertise are pro4 vided in a manner that is consistent with the 

5 audit independence of the Defense Contract 

6 Audit Agency. 

7 (2) REPORT.—Not later than 180 days after 

8 the date of the enactment of this Act, the Secretary 

9 shall submit to the Committees on Armed Services 

10 of the Senate and the House of Representatives a 

11 report on the steps taken to comply with the require12 ments of this subsection. 

13 SEC. 894. REVIEW AND RECOMMENDATIONS ON ELIMI14 NATING BARRIERS TO CONTRACTING WITH 

15 THE DEPARTMENT OF DEFENSE. 

16 (a) REVIEW AND RECOMMENDATIONS.—The Sec17 retary of Defense, acting through the Director of Small 

18 Business Programs in the Department of Defense, shall 

19 review barriers to firms that are not traditional suppliers 

20 to the Department of Defense wishing to contract with 

21 the Department of Defense and its defense supply centers 

22 and develop a set of recommendations on the elimination 

23 of such barriers. The Director shall identify and consult 

24 with a wide range of firms that are not traditional sup25 pliers to the Department of Defense for the purpose of 


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1 identifying such barriers and developing such rec2 ommendations. 

3 (b) DEFINITION.—For the purposes of this section, 

4 a firm is not a traditional supplier of the Department of 

5 Defense if it does not currently have contracts and sub6 contracts to perform work for the Department of Defense 

7 with a total combined value in excess of $500,000. 

8 (c) REPORT.—Not later than one year after the date 

9 of the enactment of this Act, the Secretary of Defense 

10 shall submit to Congress a report summarizing the find11 ings and recommendations of the review conducted pursu12 ant to this section. 

13 SEC. 895. INCLUSION OF THE PROVIDERS OF SERVICES 

14 AND INFORMATION TECHNOLOGY IN THE NA15 TIONAL TECHNOLOGY AND INDUSTRIAL 

16 BASE. 

17 (a) REVISED DEFINITIONS.—Section 2500 of title 

18 10, United States Code, is amended— 

19 (1) in paragraph (1), by striking ‘‘or mainte20 nance’’ and inserting ‘‘integration, services, or infor21 mation technology’’; 

22 (2) in paragraph (4), by striking ‘‘or produc23 tion’’ and inserting ‘‘production, integration, serv24 ices, or information technology’’; 


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1 (3) in paragraph (9)(A), by striking ‘‘and man2 ufacturing’’ and inserting ‘‘manufacturing, integra3 tion, services, and information technology’’; and 

4 (4) by adding at the end the following new 

5 paragraph: 

6 ‘‘(15) The term ‘integration’ means the process 

7 of providing systems engineering and technical direc8 tion for a system for the purpose of achieving capa9 bilities that satisfy program requirements.’’. 

10 (b) REVISED OBJECTIVES.—Section 2501(a) of such 

11 title is amended— 

12 (1) in paragraph (1), by striking ‘‘Supplying 

13 and equipping’’ and inserting ‘‘Supplying, equipping, 

14 and supporting’’; 

15 (2) in paragraph (2), by striking ‘‘and logistics 

16 for’’ and inserting ‘‘logistics, and other activities in 

17 support of’’; 

18 (3) in paragraph (4), by striking ‘‘and produce’’ 

19 and inserting ‘‘, produce, and support’’; and 

20 (4) by redesignating paragraph (6) as para21 graph (8) and inserting after paragraph (5) the fol22 lowing new paragraphs: 

23 ‘‘(6) Providing for the generation of services ca24 pabilities that are not core functions of the armed 


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1 forces and that are critical to military operations 

2 within the national technology and industrial base. 

3 ‘‘(7) Providing for the development, production, 

4 and integration of information technology within the 

5 national technology and industrial base.’’. 

6 (c) REVISED ASSESSMENTS.—Section 2505(b)(4) of 

7 such title is amended by inserting after ‘‘of this title)’’ 

8 the following ‘‘or major automated information system 

9 programs (as defined in section 2445a of this title)’’. 

10 (d) REVISED POLICY GUIDANCE.—Section 2506(a) 

11 of such title is amended by striking ‘‘budget allocation, 

12 weapons’’ and inserting ‘‘strategy, management, budget 

13 allocation,’’. 

14 SEC. 896. DEPUTY ASSISTANT SECRETARY OF DEFENSE 

15 FOR MANUFACTURING AND INDUSTRIAL 

16 BASE POLICY; INDUSTRIAL BASE FUND. 

17 (a) DEPUTY ASSISTANT SECRETARY OF DEFENSE.— 

18 Chapter 7 of title 10, United States Code, is amended by 

19 inserting after section 139d the following new section: 

20 ‘‘§ 139e. Deputy Assistant Secretary of Defense for 

21 Manufacturing and Industrial Base Pol22 icy 

23 ‘‘(a) APPOINTMENT.—There is a Deputy Assistant 

24 Secretary of Defense for Manufacturing and Industrial 

25 Base Policy, who shall be appointed by the Under SecVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 retary of Defense for Acquisition, Technology, and Logis2 tics and shall report to the Under Secretary. 

3 ‘‘(b) RESPONSIBILITIES.—The Deputy Assistant Sec4 retary of Defense for Manufacturing and Industrial Base 

5 Policy shall be the principal advisor to the Under Sec6 retary of Defense for Acquisition, Technology, and Logis7 tics in the performance of the Under Secretary’s duties 

8 relating to the following: 

9 ‘‘(1) Providing input on industrial base matters 

10 to strategy reviews, including quadrennial defense 

11 reviews conducted pursuant to section 118 of this 

12 title. 

13 ‘‘(2) Establishing policies of the Department of 

14 Defense for maintenance of the defense industrial 

15 base of the United States. 

16 ‘‘(3) Providing recommendations to the Under 

17 Secretary on budget matters pertaining to the indus18 trial base. 

19 ‘‘(4) Providing recommendations to the Under 

20 Secretary on supply chain management and supply 

21 chain vulnerability. 

22 ‘‘(5) Providing input on industrial base matters 

23 to defense acquisition policy guidance. 


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1 ‘‘(6) Establishing the national security objec2 tives concerning the national technology and indus3 trial base required under section 2501 of this title. 

4 ‘‘(7) Executing the national defense program 

5 for analysis of the national technology and industrial 

6 base required under section 2503 of this title. 

7 ‘‘(8) Performing the national technology and in8 dustrial base periodic defense capability assessments 

9 required under section 2505 of this title. 

10 ‘‘(9) Establishing the technology and industrial 

11 base policy guidance required under section 2506 of 

12 this title. 

13 ‘‘(10) Executing the authorities of the Manu14 facturing Technology Program under section 2521 

15 of this title. 

16 ‘‘(11) Carrying out the activities of the Depart17 ment of Defense relating to the Defense Production 

18 Act Committee established under section 722 of the 

19 Defense Production Act of 1950 (50 U.S.C. App. 

20 2171). 

21 ‘‘(12) Consistent with section 2(b) of the De22 fense Production Act of 1950 (50 U.S.C. App. 

23 2062(b)), executing other applicable authorities pro24 vided under the Defense Production Act of 1950 (50 


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1 U.S.C. App. 2061 et seq.), including authorities 

2 under titles I and II of such Act. 

3 ‘‘(13) Establishing policies related to inter4 national technology security and export control 

5 issues. 

6 ‘‘(14) Establishing policies related to industrial 

7 independent research and development programs 

8 under section 2372 of this title. 

9 ‘‘(15) Such other duties as are assigned by the 

10 Under Secretary. 

11 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in sub12 section (b)(9) may be construed to limit the authority or 

13 modify the policies of the Committee on Foreign Invest14 ment in the United States established under section 

15 721(k) of the Defense Production Act of 1950 (50 U.S.C. 

16 App. 2170(k)).’’. 

17 (b) INDUSTRIAL BASE FUND.— 

18 (1) IN GENERAL.—Chapter 148 of title 10, 

19 United States Code, is amended by adding at the 

20 end the following new section: 

21 ‘‘§ 2508. Industrial Base Fund 

22 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

23 shall establish an Industrial Base Fund (in this section 

24 referred to as the ‘Fund’). 


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1 ‘‘(b) CONTROL OF FUND.—The Fund shall be under 

2 the control of the Under Secretary of Defense for Acquisi3 tion, Technology, and Logistics, acting through the Dep4 uty Assistant Secretary of Defense for Manufacturing and 

5 Industrial Base Policy. 

6 ‘‘(c) AMOUNTS IN FUND.—The Fund shall consist of 

7 amounts appropriated or otherwise made available to the 

8 Fund. 

9 ‘‘(d) USE OF FUND.—Subject to subsection (e), the 

10 Fund shall be used— 

11 ‘‘(1) to support the monitoring and assessment 

12 of the industrial base required by this chapter; 

13 ‘‘(2) to address critical issues in the industrial 

14 base relating to urgent operational needs; 

15 ‘‘(3) to support efforts to expand the industrial 

16 base; and 

17 ‘‘(4) to address supply chain vulnerabilities. 

18 ‘‘(e) USE OF FUND SUBJECT TO APPROPRIATIONS.— 

19 The authority of the Secretary of Defense to use the Fund 

20 under this section in any fiscal year is subject to the avail21 ability of appropriations for that purpose. 

22 ‘‘(f) EXPENDITURES.—The Secretary shall establish 

23 procedures for expending monies in the Fund in support 

24 of the uses identified in subsection (d), including the fol25 lowing: 


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1 ‘‘(1) Direct obligations from the Fund. 

2 ‘‘(2) Transfers of monies from the Fund to rel3 evant appropriations of the Department of De4 fense.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of such chapter is amended 

7 by adding at the end the following new item: 

‘‘2508. Industrial Base Fund.’’. 

8 TITLE IX—DEPARTMENT OF DE9 FENSE ORGANIZATION AND 

10 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. 


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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. 

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. 

1 Subtitle A—Department of Defense 

2 Management 

3 SEC. 901. REORGANIZATION OF OFFICE OF THE SEC4 RETARY OF DEFENSE TO CARRY OUT REDUC5 TION REQUIRED BY LAW IN NUMBER OF DEP6 UTY UNDER SECRETARIES OF DEFENSE. 

7 (a) REDESIGNATION OF CERTAIN POSITIONS IN OF8 FICE OF SECRETARY OF DEFENSE.— 

9 (1) REDESIGNATION.—Positions in the Office 

10 of the Secretary of Defense are hereby redesignated 

11 as follows: 

12 (A) The Director of Defense Research and 

13 Engineering is redesignated as the Assistant 


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1 Secretary of Defense for Research and Engi2 neering. 

3 (B) The Director of Operational Energy 

4 Plans and Programs is redesignated as the As5 sistant Secretary of Defense for Operational 

6 Energy Plans and Programs. 

7 (C) The Assistant to the Secretary of De8 fense for Nuclear and Chemical and Biological 

9 Defense Programs is redesignated as the As10 sistant Secretary of Defense for Nuclear, Chem11 ical, and Biological Defense Programs. 

12 (2) REFERENCES.—Any reference in any law, 

13 rule, regulation, paper, or other record of the United 

14 States to an office of the Department of Defense re15 designated by paragraph (1) shall be deemed to be 

16 a reference to such office as so redesignated. 

17 (b) AMENDMENTS TO CHAPTER 4 OF TITLE 10 RE18 LATING TO REORGANIZATION.— 

19 (1) REPEAL OF SEPARATE PRINCIPAL DEPUTY

20 UNDER SECRETARY OF DEFENSE PROVISIONS.—Sec21 tions 133a, 134a, and 136a of title 10, United 

22 States Code, are repealed. 

23 (2) COMPONENTS OF OSD.—Subsection (b) of 

24 section 131 of such title is amended to read as fol25 lows: 


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1 ‘‘(b) The Office of the Secretary of Defense is com2 posed of the following: 

3 ‘‘(1) The Deputy Secretary of Defense. 

4 ‘‘(2) The Under Secretaries of Defense, as fol5 lows: 

6 ‘‘(A) The Under Secretary of Defense for 

7 Acquisition, Technology, and Logistics. 

8 ‘‘(B) The Under Secretary of Defense for 

9 Policy. 

10 ‘‘(C) The Under Secretary of Defense 

11 (Comptroller). 

12 ‘‘(D) The Under Secretary of Defense for 

13 Personnel and Readiness. 

14 ‘‘(E) The Under Secretary of Defense for 

15 Intelligence. 

16 ‘‘(3) The Deputy Chief Management Officer of 

17 the Department of Defense. 

18 ‘‘(4) Other officers who are appointed by the 

19 President, by and with the advice and consent of the 

20 Senate, and who report directly to the Secretary and 

21 Deputy Secretary without intervening authority, as 

22 follows: 

23 ‘‘(A) The Director of Cost Assessment and 

24 Program Evaluation. 


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1 ‘‘(B) The Director of Operational Test and 

2 Evaluation. 

3 ‘‘(C) The General Counsel of the Depart4 ment of Defense. 

5 ‘‘(D) The Inspector General of the Depart6 ment of Defense. 

7 ‘‘(5) The Principal Deputy Under Secretaries of 

8 Defense. 

9 ‘‘(6) The Assistant Secretaries of Defense. 

10 ‘‘(7) Other officials provided for by law, as fol11 lows: 

12 ‘‘(A) The Deputy Assistant Secretary of 

13 Defense for Developmental Test and Evaluation 

14 appointed pursuant to section 139b(a) of this 

15 title. 

16 ‘‘(B) The Deputy Assistant Secretary of 

17 Defense for Systems Engineering appointed 

18 pursuant to section 139b(b) of this title. 

19 ‘‘(C) The Deputy Assistant Secretary of 

20 Defense for Manufacturing and Industrial Base 

21 Policy appointed pursuant to section 139c of 

22 this title. 

23 ‘‘(D) The Director of Small Business Pro24 grams appointed pursuant to section 144 of 

25 this title. 


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1 ‘‘(E) The official designated under section 

2 1501(a) of this title to have responsibility for 

3 Department of Defense matters relating to 

4 missing persons as set forth in section 1501 of 

5 this title. 

6 ‘‘(F) The Director of Family Policy under 

7 section 1781 of this title. 

8 ‘‘(G) The Director of the Office of Corro9 sion Policy and Oversight assigned pursuant to 

10 section 2228(a) of this title. 

11 ‘‘(H) The official designated under section 

12 2438(a) of this title to have responsibility for 

13 conducting and overseeing performance assess14 ments and root cause analyses for major de15 fense acquisition programs. 

16 ‘‘(8) Such other offices and officials as may be 

17 established by law or the Secretary of Defense may 

18 establish or designate in the Office.’’. 

19 (3) PRINCIPAL DEPUTY UNDER SECRETARIES

20 OF DEFENSE.—Section 137a of such title is amend21 ed— 

22 (A) in subsections (a)(1), (b), and (d), by 

23 striking ‘‘Deputy Under’’ and inserting ‘‘Prin24 cipal Deputy Under’’; 


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1 (B) in subsection (a)(2), by striking ‘‘(A) 

2 The’’ and all that follows through ‘‘(5) of sub3 section (c)’’ and inserting ‘‘The Principal Dep4 uty Under Secretaries of Defense’’; 

5 (C) in subsection (c)— 

6 (i) in paragraphs (1), (2), (3), (4), 

7 and (5), by striking ‘‘One of the Deputy’’ 

8 and inserting ‘‘One of the Principal Dep9 uty’’; 

10 (ii) in paragraphs (1), (2), and (3), by 

11 striking ‘‘appointed’’ and all that follows 

12 through ‘‘this title’’; 

13 (iii) in paragraphs (4) and (5), by 

14 striking ‘‘shall be’’ and inserting ‘‘is’’; and 

15 (iv) in paragraph (5), by inserting be16 fore the period at the end the following: ‘‘, 

17 who shall be appointed from among per18 sons who have extensive expertise in intel19 ligence matters’’; and 

20 (D) in subsection (d), by adding at the end 

21 the following new sentence: ‘‘The Principal 

22 Deputy Under Secretaries shall take precedence 

23 among themselves in the order prescribed by 

24 the Secretary of Defense.’’. 


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1 (4) ASSISTANT SECRETARIES OF DEFENSE GEN2 ERALLY.—Section 138 of such title is amended— 

3 (A) in subsection (a)— 

4 (i) in paragraph (1), by striking ‘‘12’’ 

5 and inserting ‘‘16’’; and 

6 (ii) in paragraph (2), by striking ‘‘(A) 

7 The’’ and all that follows through ‘‘The 

8 other’’ and inserting ‘‘The’’; 

9 (B) in subsection (b)— 

10 (i) in paragraphs (2), (3), (4), (5), 

11 and (6), by striking ‘‘shall be’’ and insert12 ing ‘‘is’’; 

13 (ii) in paragraph (7), by striking ‘‘ap14 pointed pursuant to section 138a of this 

15 title’’; and 

16 (iii) by adding at the end the fol17 lowing new paragraphs: 

18 ‘‘(8) One of the Assistant Secretaries is the As19 sistant Secretary of Defense for Research and Engi20 neering. In addition to any duties and powers pre21 scribed under paragraph (1), the Assistant Secretary 

22 of Defense for Research and Engineering shall have 

23 the duties specified in section 138b of this title. 

24 ‘‘(9) One of the Assistant Secretaries is the As25 sistant Secretary of Defense for Operational Energy 


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1 Plans and Programs. In addition to any duties and 

2 powers prescribed under paragraph (1), the Assist3 ant Secretary of Defense for Operational Energy 

4 Plans and Programs shall have the duties specified 

5 in section 138c of this title. 

6 ‘‘(10) One of the Assistant Secretaries is the 

7 Assistant Secretary of Defense for Nuclear, Chem8 ical, and Biological Defense Programs. In addition 

9 to any duties and powers prescribed under para10 graph (1), the Assistant Secretary of Defense for 

11 Nuclear, Chemical, and Biological Defense Programs 

12 shall have the duties specified in section 138d of this 

13 title.’’; and 

14 (C) in subsection (d), by striking ‘‘and the 

15 Director of Defense Research and Engineering’’ 

16 and inserting ‘‘the Deputy Chief Management 

17 Officer of the Department of Defense, the offi18 cials serving in positions specified in section 

19 131(b)(4) of this title, and the Principal Dep20 uty Under Secretaries of Defense’’. 

21 (5) ASSISTANT SECRETARY FOR LOGISTICS AND

22 MATERIEL READINESS.—Section 138a(a) of such 

23 title is amended— 

24 (A) by striking ‘‘There is a’’ and inserting 

25 ‘‘The’’; and 


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1 (B) by striking ‘‘, appointed from civilian 

2 life by the President, by and with the advice 

3 and consent of the Senate. The Assistant Sec4 retary’’. 

5 (6) ASSISTANT SECRETARY FOR RESEARCH AND

6 ENGINEERING.—Section 139a of such title is trans7 ferred so as to appear after section 138a, redesig8 nated as section 138b, and amended— 

9 (A) by striking subsection (a); 

10 (B) by redesignating subsections (b) and 

11 (c) as subsections (a) and (b), respectively; 

12 (C) in subsection (a), as so redesignated, 

13 by striking ‘‘Director of Defense Research and 

14 Engineering’’ and inserting ‘‘Assistant Sec15 retary of Defense for Research and Engineer16 ing’’; and 

17 (D) in subsection (b), as so redesignated— 

18 (i) in paragraph (1), by striking ‘‘Di19 rector of Defense Research and Engineer20 ing,’’ and inserting ‘‘Assistant Secretary of 

21 Defense for Research and Engineering,’’; 

22 and 

23 (ii) in paragraph (2), by striking ‘‘Di24 rector’’ and inserting ‘‘Assistant Sec25 retary’’. 


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1 (7) ASSISTANT SECRETARY FOR OPERATIONAL

2 ENERGY PLANS AND PROGRAMS.—Section 139b of 

3 such title is transferred so as to appear after section 

4 138b (as transferred and redesignated by paragraph 

5 (6)), redesignated as section 138c, and amended— 

6 (A) in subsection (a), by striking ‘‘There is 

7 a’’ and all that follows through ‘‘The Director’’ 

8 and inserting ‘‘The Assistant Secretary of De9 fense for Operational Energy Plans and Pro10 grams’’; 

11 (B) by striking ‘‘Director’’ each place it 

12 appears and inserting ‘‘Assistant Secretary’’; 

13 (C) in subsection (d)(2)— 

14 (i) by striking ‘‘Not later than’’ and 

15 all that follows through ‘‘military depart16 ments’’ and inserting ‘‘The Secretary of 

17 each military department’’; 

18 (ii) by striking ‘‘who will’’ and insert19 ing ‘‘who shall’’; and 

20 (iii) by inserting ‘‘so designated’’ after 

21 ‘‘The officials’’; and 

22 (D) in subsection (d)(4), by striking ‘‘The 

23 initial’’ and all that follows through ‘‘updates to 

24 the strategy’’ and inserting ‘‘Updates to the 

25 strategy required by paragraph (1)’’. 


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1 (8) ASSISTANT SECRETARY FOR NUCLEAR, 

2 CHEMICAL, AND BIOLOGICAL DEFENSE PROGRAMS.— 

3 Section 142 of such title is transferred so as to ap4 pear after section 138c (as redesignated and trans5 ferred by paragraph (7)), redesignated as section 

6 138d, and amended— 

7 (A) by striking subsection (a); 

8 (B) by redesignating subsection (b) as sub9 section (a) and in that subsection, as so redes10 ignated, by striking ‘‘The Assistant to the Sec11 retary’’ and inserting ‘‘The Assistant Secretary 

12 of Defense for Nuclear, Chemical, and Biologi13 cal Defense Programs’’; and 

14 (C) by striking subsection (c) and inserting 

15 the following new subsection (b): 

16 ‘‘(b) The Assistant Secretary may communicate views 

17 on issues within the responsibility of the Assistant Sec18 retary directly to the Secretary of Defense and the Deputy 

19 Secretary of Defense without obtaining the approval or 

20 concurrence of any other official within the Department 

21 of Defense.’’. 

22 (c) DEPUTY CHIEF MANAGEMENT OFFICER.— 

23 (1) IN GENERAL.—Chapter 4 of title 10, United 

24 States Code, is further amended by inserting after 

25 section 132 the following new section: 


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1 ‘‘§ 132a. Deputy Chief Management Officer 

2 ‘‘(a) APPOINTMENT.—There is a Deputy Chief Man3 agement Officer of the Department of Defense, appointed 

4 from civilian life by the President, by and with the advice 

5 and consent of the Senate. 

6 ‘‘(b) RESPONSIBILITIES.—The Deputy Chief Man7 agement Officer assists the Deputy Secretary of Defense 

8 in the Deputy Secretary’s capacity as Chief Management 

9 Officer of the Department of Defense under section 132(c) 

10 of this title. 

11 ‘‘(c) PRECEDENCE.—The Deputy Chief Management 

12 Officer takes precedence in the Department of Defense 

13 after the Secretary of Defense, the Deputy Secretary of 

14 Defense, the Secretaries of the military departments, and 

15 the Under Secretaries of Defense.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 132(c) of such title is amended by striking the sec18 ond sentence. 

19 (d) SENIOR OFFICIAL RESPONSIBLE FOR PERFORM20 ANCE ASSESSMENTS AND ROOT CAUSE ANALYSES OF

21 MDAPS.—Section 103 of the Weapon Systems Acquisi22 tion Reform Act of 2009 (Public Law 111–23; 123 Stat. 

23 1715; 10 U.S.C. 2430 note) is transferred to chapter 144 

24 of title 10, United States Code, inserted so as to appear 

25 after section 2437, redesignated as section 2438, and 

26 amended— 


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1 (1) in subsection (b)(2), by striking ‘‘section 

2 2433a(a)(1) of title 10, United States Code (as 

3 added by section 206(a) of this Act)’’ and inserting 

4 ‘‘section 2433a(a)(1) of this title’’; 

5 (2) in subsection (b)(5)— 

6 (A) by striking ‘‘section 2433a of title 10, 

7 United States Code (as so added)’’ and insert8 ing ‘‘section 2433a of this title’’; and 

9 (B) by striking ‘‘prior to’’ both places it 

10 appears and inserting ‘‘before’’; 

11 (3) in subsection (d), by striking ‘‘section 

12 2433a of title 10, United States Code (as so added)’’ 

13 and inserting ‘‘section 2433a of this title’’; and 

14 (4) in subsection (f), by striking ‘‘beginning in 

15 2010,’’. 

16 (e) REDESIGNATION OF DDTE AS DEPUTY ASSIST17 ANT SECRETARY FOR DEVELOPMENTAL TEST AND EVAL18 UATION AND DSE AS DEPUTY ASSISTANT SECRETARY OF

19 DEFENSE FOR SYSTEMS ENGINEERING.—Section 139d of 

20 title 10, United States Code, is amended— 

21 (1) by striking ‘‘Director of Developmental Test 

22 and Evaluation’’ each place it appears and inserting 

23 ‘‘Deputy Assistant Secretary of Defense for Develop24 mental Test and Evaluation’’; 


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1 (2) by striking ‘‘Director of Systems Engineer2 ing’’ each place it appears and inserting ‘‘Deputy 

3 Assistant Secretary of Defense for Systems Engi4 neering’’; 

5 (3) in subsection (a)— 

6 (A) by striking the subsection heading and 

7 inserting ‘‘DEPUTY ASSISTANT SECRETARY OF

8 DEFENSE FOR DEVELOPMENTAL TEST AND

9 EVALUATION.—’’; 

10 (B) by striking ‘‘Director’’ each place it 

11 appears in paragraphs (2), (3), and (6) and in12 serting ‘‘Deputy Assistant Secretary’’; 

13 (C) in paragraph (4), by striking the para14 graph heading and inserting ‘‘COORDINATION

15 WITH DEPUTY ASSISTANT SECRETARY OF DE16 FENSE FOR SYSTEMS ENGINEERING.—’’; 

17 (D) in paragraph (5), by striking ‘‘Direc18 tor’’ in the matter preceding subparagraph (A) 

19 and inserting ‘‘Deputy Assistant Secretary’’; 

20 and 

21 (E) in paragraph (6), by striking ‘‘Direc22 tor’s’’ and inserting ‘‘Deputy Assistant Sec23 retary’s’’; and 

24 (4) in subsection (b)— 


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1 (A) by striking the subsection heading and 

2 inserting ‘‘DEPUTY ASSISTANT SECRETARY OF

3 DEFENSE FOR SYSTEMS ENGINEERING.—’’; 

4 (B) by striking ‘‘Director’’ each place it 

5 appears in paragraphs (2), (3), (5), and (6) and 

6 inserting ‘‘Deputy Assistant Secretary’’; 

7 (C) in paragraph (4), by striking the para8 graph heading and inserting ‘‘COORDINATION

9 WITH DEPUTY ASSISTANT SECRETARY OF DE10 FENSE FOR DEVELOPMENTAL TEST AND EVAL11 UATION.—’’; and 

12 (D) in paragraph (6), by striking ‘‘Direc13 tor’s’’ and inserting ‘‘Deputy Assistant Sec14 retary’s’’. 

15 (f) REORGANIZATION OF CERTAIN PROVISIONS

16 WITHIN CHAPTER 4 TO ACCOUNT FOR OTHER TRANS17 FERS OF PROVISIONS.—Chapter 4 of title 10, United 

18 States Code, is further amended by redesignating sections 

19 139c, 139d (as amended by subsection (e)), and 139e (as 

20 added by section 896 of this Act) as sections 139a, 139b, 

21 and 139c, respectively. 

22 (g) REPEAL OF STATUTORY REQUIREMENT FOR OF23 FICE FOR MISSING PERSONNEL IN OSD.—Section 

24 1501(a) of title 10, United States Code, is amended— 


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1 (1) by striking the subsection heading and in2 serting the following: ‘‘RESPONSIBILITY FOR MISS3 ING PERSONNEL.—’’; 

4 (2) in paragraph (1)— 

5 (A) by striking ‘‘establish within the Office 

6 of the Secretary of Defense an office to have re7 sponsibility for Department of Defense policy’’ 

8 in the first sentence and inserting ‘‘designate 

9 within the Office of the Secretary of Defense an 

10 official as the Deputy Assistant Secretary of 

11 Defense for Prisoner of War/Missing Personnel 

12 Affairs to have responsibility for Department of 

13 Defense matters’’; 

14 (B) by striking the second sentence; 

15 (C) by striking ‘‘of the office’’ and insert16 ing ‘‘of the official designated under this para17 graph’’; 

18 (D) by striking ‘‘and’’ at the end of sub19 paragraph (A); 

20 (E) by redesignating subparagraph (B) as 

21 subparagraph (C); and 

22 (F) by inserting after subparagraph (A) 

23 the following new subparagraph (B): 

24 ‘‘(B) policy, control, and oversight of the pro25 gram established under section 1509 of this title, as 


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1 well as the accounting for missing persons (including 

2 locating, recovering, and identifying missing persons 

3 or their remains after hostilities have ceased); and’’; 

4 (3) by redesignating paragraphs (2), (3), (4), 

5 and (5) as paragraphs (3), (4), (5), and (6), respec6 tively; 

7 (4) by inserting after paragraph (1) the fol8 lowing new paragraph (2): 

9 ‘‘(2) The official designated under paragraph 

10 (1) shall also serve as the Director, Defense Pris11 oner of War/Missing Personnel Office, as established 

12 under paragraph (6)(A), exercising authority, direc13 tion, and control over that activity.’’. 

14 (5) in paragraph (3), as so redesignated— 

15 (A) by striking ‘‘of the office’’ the first 

16 place it appears; and 

17 (B) by striking ‘‘head of the office’’ and 

18 inserting ‘‘official designated under paragraph 

19 (1) and (2)’’; 

20 (6) in paragraph (4), as so redesignated— 

21 (A) by striking ‘‘office’’ and inserting ‘‘des22 ignated official’’; and 

23 (B) by inserting after ‘‘evasion)’’ the fol24 lowing: ‘‘and for personnel accounting (includ25 ing locating, recovering, and identifying missing 


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1 persons or their remains after hostilities have 

2 ceased)’’; 

3 (7) in paragraph (5), as so redesignated, by 

4 striking ‘‘office’’ and inserting ‘‘designated official’’; 

5 and 

6 (8) in paragraph (6), as so redesignated— 

7 (A) in subparagraph (A)— 

8 (i) by inserting after ‘‘(A)’’ the fol9 lowing: ‘‘The Secretary of Defense shall es10 tablish an activity to account for personnel 

11 who are missing or whose remains have 

12 not been recovered from the conflict in 

13 which they were lost. This activity shall be 

14 known as the Defense Prisoner of War/ 

15 Missing Personnel Office.’’; and 

16 (ii) by striking ‘‘office’’ both places it 

17 appears and inserting ‘‘activity’’; 

18 (B) in subparagraph (B)(i), by striking ‘‘to 

19 the office’’ and inserting ‘‘activity’’; 

20 (C) in subparagraph (B)(ii)— 

21 (i) by striking ‘‘to the office’’ and in22 serting ‘‘activity’’; and 

23 (ii) by striking ‘‘of the office’’ and in24 serting ‘‘of the activity’’; and 


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1 (D) in subparagraph (C), by striking ‘‘of2 fice’’ and inserting ‘‘activity’’. 

3 (h) CLARIFICATION OF HEAD OF OFFICE FOR FAM4 ILY POLICY.—Section 1781 of title 10, United States 

5 Code, is amended— 

6 (1) in subsection (a), by striking the second 

7 sentence and inserting the following new sentence: 

8 ‘‘The office shall be headed by the Director of Fam9 ily Policy, who shall serve within the office of the 

10 Under Secretary of Defense for Personnel and Read11 iness.’’; and 

12 (2) by striking ‘‘the Office’’ each place it ap13 pears and inserting ‘‘the Director’’. 

14 (i) MODIFICATION OF STATUTORY LIMITATION ON

15 NUMBER OF DEPUTY UNDER SECRETARIES OF DE16 FENSE.— 

17 (1) DELAY IN LIMITATION ON NUMBER OF

18 DUSDS.—Section 906(a)(2) of the National Defense 

19 Authorization Act for Fiscal Year 2010 (Public Law 

20 111–84; 123 Stat. 2426; 10 U.S.C. 137a note) is 

21 amended by striking ‘‘January 1, 2011’’ and insert22 ing ‘‘January 1, 2015’’. 

23 (2) TEMPORARY AUTHORITY FOR ADDITIONAL

24 DUSDS.—During the period beginning on the date of 

25 the enactment of this Act and ending on January 1, 


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1 2015, the Secretary of Defense may, in the Sec2 retary’s discretion, appoint not more than five Dep3 uty Under Secretaries of Defense in addition to the 

4 five Principal Deputy Under Secretaries of Defense 

5 authorized by section 137a of title 10, United States 

6 Code (as amended by subsection (b)(3)). 

7 (3) REPORT ON PLAN FOR REORGANIZATION OF

8 OSD.— 

9 (A) REPORT REQUIRED.—Not later than 

10 September 15, 2013, the Secretary of Defense 

11 shall submit to the Committees on Armed Serv12 ices of the Senate and the House of Represent13 atives a report setting forth a plan for the re14 alignment of the organizational structure of the 

15 Office of the Secretary of Defense to comply 

16 with the requirement of section 906(a)(2) of the 

17 National Defense Authorization Act for Fiscal 

18 Year 2010, as amended by paragraph (1). 

19 (B) ELEMENTS.—In preparing the report 

20 required by subparagraph (A), the Secretary 

21 shall consider, at a minimum, the feasibility of 

22 taking the following actions on or before Janu23 ary 1, 2015: 

24 (i) A merger of the position of Deputy 

25 Under Secretary of Defense (Installations 


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1 and Environment) and the position of As2 sistant Secretary of Defense for Oper3 ational Energy Plans and Programs (as es4 tablished in accordance with the amend5 ments made by subsection (b)(7)) into a 

6 single Assistant Secretary position. 

7 (ii) A realignment of positions within 

8 the Office of the Under Secretary of De9 fense for Policy to eliminate the position of 

10 Deputy Under Secretary of Defense (Strat11 egy, Plans, and Forces). 

12 (j) OTHER CONFORMING AMENDMENTS TO TITLE

13 10.— 

14 (1) Section 179(c) of title 10, United States 

15 Code, is amended— 

16 (A) in paragraphs (2) and (3), by striking 

17 ‘‘Assistant to the Secretary of Defense for Nu18 clear and Chemical and Biological Defense Pro19 grams’’ and inserting ‘‘Assistant Secretary of 

20 Defense for Nuclear, Chemical, and Biological 

21 Defense Programs’’; and 

22 (B) in paragraph (3), by striking ‘‘that As23 sistant to the Secretary’’ and inserting ‘‘Assist24 ant Secretary’’. 


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1 (2) Section 2272 of such title is amended by 

2 striking ‘‘Director of Defense Research and Engi3 neering’’ each place it appears and inserting ‘‘Assist4 ant Secretary of Defense for Research and Engi5 neering’’. 

6 (3) Section 2365 of such title is amended— 

7 (A) in subsection (a), by striking ‘‘Director 

8 of Defense Research and Engineering’’ and in9 serting ‘‘Assistant Secretary’’; 

10 (B) in subsection (d)(1), by striking ‘‘Di11 rector’’ and inserting ‘‘Assistant Secretary’’; 

12 (C) in subsection (d)(2)— 

13 (i) by striking ‘‘Director of Defense 

14 Research and Engineering’’ and inserting 

15 ‘‘Assistant Secretary of Defense for Re16 search and Engineering’’; and 

17 (ii) by striking ‘‘Director may’’ and 

18 inserting ‘‘Assistant Secretary may’’; and 

19 (D) in subsection (e), by striking ‘‘Direc20 tor’’ and inserting ‘‘Assistant Secretary’’. 

21 (4) Sections 2350a(g)(3), 2366b(a)(3)(D), 

22 2374a(a), and 2517(a) of such title are amended by 

23 striking ‘‘Director of Defense Research and Engi24 neering’’ and inserting ‘‘Assistant Secretary of De25 fense for Research and Engineering’’. 


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1 (5) Section 2902(b) of such title is amended— 

2 (A) in paragraph (1), by striking ‘‘Deputy 

3 Under Secretary of Defense for Science and 

4 Technology’’ and inserting ‘‘official within the 

5 Office of the Assistant Secretary of Defense for 

6 Research and Engineering who is responsible 

7 for science and technology’’; and 

8 (B) in paragraph (3), by striking ‘‘Deputy 

9 Under Secretary of Defense’’ and inserting ‘‘of10 ficial within the Office of the Under Secretary 

11 of Defense for Acquisition, Technology, and Lo12 gistics who is’’. 

13 (k) SECTION HEADING AND CLERICAL AMEND14 MENTS.— 

15 (1) SECTION HEADING AMENDMENTS.— 

16 (A) The heading of section 137a of title 

17 10, United States Code, is amended to read as 

18 follows: 

19 ‘‘§ 137a. Principal Deputy Under Secretaries of De20 fense’’. 

21 (B) The heading of section 138b of such 

22 title, as transferred and redesignated by sub23 section (b)(6), is amended to read as follows: 


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1 ‘‘§ 138b. Assistant Secretary of Defense for Research 

2 and Engineering’’. 

3 (C) The heading of section 138c of such 

4 title, as transferred and redesignated by sub5 section (b)(7), is amended to read as follows: 

6 ‘‘§ 138c. Assistant Secretary of Defense for Oper7 ational Energy Plans and Programs’’. 

8 (D) The heading of section 138d of such 

9 title, as transferred and redesignated by sub10 section (b)(8), is amended to read as follows: 

11 ‘‘§ 138d. Assistant Secretary of Defense for Nuclear, 

12 Chemical, and Biological Defense Pro13 grams’’. 

14 (E) The section heading of section 139b of 

15 such title, as redesignated by subsection (f), is 

16 amended to read as follows: 

17 ‘‘§ 139b. Deputy Assistant Secretary of Defense for 

18 Developmental Test and Evaluation; Dep19 uty Assistant Secretary of Defense for 

20 Systems Engineering: joint guidance’’. 

21 (F) The heading of section 2438 of such 

22 title, as transferred and redesignated by sub23 section (d), is amended to read as follows: 

24 ‘‘§ 2438. Performance assessments and root cause 

25 analyses’’. 

26 (2) CLERICAL AMENDMENTS.— 


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1 (A) The table of sections at the beginning 

2 of chapter 4 of such title is amended— 

3 (i) by inserting after the item relating 

4 to section 132 the following new item: 

‘‘132a. Deputy Chief Management Officer.’’; 

5 (ii) by striking the items relating to 

6 sections 133a, 134a, and 136a; 

7 (iii) by striking the item relating to 

8 section 137a and inserting the following 

9 new item: 

‘‘137a. Principal Deputy Under Secretaries of Defense.’’; 

10 (iv) by inserting after the item relat11 ing to section 138a the following new 

12 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.’’; 

13 (v) by striking the items relating to 

14 sections 139a, 139b, 139c, and 139d and 

15 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 

16 (vi) by striking the item relating to 

17 section 142. 


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1 (B) The table of sections at the beginning 

2 of chapter 144 of such title is amended by in3 serting after the item relating to section 2437 

4 the following new item: 

‘‘2438. Performance assessments and root cause analyses.’’. 

5 (l) OTHER CONFORMING AMENDMENTS.— 

6 (1) PUBLIC LAW 111–23.—Section 102(b) of the 

7 Weapon Systems Acquisition Reform Act of 2009 

8 (Public Law 111–23; 123 Stat. 1714; 10 U.S.C. 

9 2430 note) is amended— 

10 (A) by striking ‘‘Director of Developmental 

11 Test and Evaluation and the Director of Sys12 tems Engineering’’ each place it appears and 

13 inserting ‘‘Deputy Assistant Secretary of De14 fense for Developmental Test and Evaluation 

15 and the Deputy Assistant Secretary of Defense 

16 for Systems Engineering’’; and 

17 (B) in paragraph (3)— 

18 (i) by striking the paragraph heading 

19 and inserting ‘‘ASSESSMENT OF REPORTS

20 BY DEPUTY ASSISTANT SECRETARY OF DE21 FENSE FOR DEVELOPMENTAL TEST AND

22 EVALUATION AND DEPUTY ASSISTANT SEC23 RETARY OF DEFENSE FOR SYSTEMS ENGI24 NEERING.—’’; and 


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1 (ii) by striking ‘‘Directors’’ and in2 serting ‘‘Deputy Assistant Secretaries of 

3 Defense’’. 

4 (2) PUBLIC LAW 110–181.—Section 214 of the 

5 National Defense Authorization Act of Fiscal Year 

6 2008 (10 U.S.C. 2521 note) is amended by striking 

7 ‘‘Director of Defense Research and Engineering’’ 

8 and inserting ‘‘Assistant Secretary of Defense for 

9 Research and Engineering’’. 

10 (m) TECHNICAL AMENDMENTS.— 

11 (1) Section 131(a) of title 10, United States 

12 Code, is amended by striking ‘‘his’’ and inserting 

13 ‘‘the Secretary’s’’. 

14 (2) Section 132 of such title is amended by re15 designating subsection (d), as added by section 

16 2831(a) of the Military Construction Authorization 

17 Act for Fiscal Year 2010 (division B of Public Law 

18 111–84; 123 Stat. 2669), as subsection (e). 

19 (3) Section 135(c) of such title is amended by 

20 striking ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

21 (n) EXECUTIVE SCHEDULE AMENDMENTS.— 

22 (1) NUMBER OF ASSISTANT SECRETARY OF DE23 FENSE POSITIONS.—Section 5315 of title 5, United 

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1 ing to Assistant Secretaries of Defense and inserting 

2 the following new item: 

3 ‘‘Assistant Secretaries of Defense (16).’’. 

4 (2) POSITIONS REDESIGNATED AS ASD POSI5 TIONS.— 

6 (A) Section 5315 of such title is further 

7 amended by striking the item relating to Direc8 tor of Defense Research and Engineering. 

9 (B) Section 5316 of such title is amended 

10 by striking the item relating to Assistant to the 

11 Secretary of Defense for Nuclear and Chemical 

12 and Biological Defense Programs. 

13 (3) AMENDMENTS TO STRIKE REFERENCES TO

14 POSITIONS IN SENIOR EXECUTIVE SERVICE.—Section 

15 5316 of such title is further amended— 

16 (A) by striking the item relating to Direc17 tor, Defense Advanced Research Projects Agen18 cy, Department of Defense; 

19 (B) by striking the item relating to Deputy 

20 General Counsel, Department of Defense; 

21 (C) by striking the item relating to Deputy 

22 Under Secretaries of Defense for Research and 

23 Engineering, Department of Defense; and 

24 (D) by striking the item relating to Special 

25 Assistant to the Secretary of Defense. 


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1 (o) INAPPLICABILITY OF APPOINTMENT REQUIRE2 MENT TO CERTAIN INDIVIDUALS SERVING ON EFFECTIVE

3 DATE.— 

4 (1) IN GENERAL.—Notwithstanding this section 

5 and the amendments made by this section, the indi6 vidual serving as specified in paragraph (2) on De7 cember 31, 2010, may continue to serve in the appli8 cable position specified in that paragraph after that 

9 date without the requirement for appointment by the 

10 President, by and with the advice and consent of the 

11 Senate. 

12 (2) COVERED INDIVIDUALS AND POSITIONS.— 

13 The individuals and positions specified in this para14 graph are the following: 

15 (A) In the case of the individual serving as 

16 Director of Defense Research and Engineering, 

17 the position of Assistant Secretary of Defense 

18 for Research and Engineering. 

19 (B) In the case of the individual serving as 

20 Director of Operational Energy Plans and Pro21 grams, the position of Assistant Secretary of 

22 Defense for Operational Energy Plans and Pro23 grams. 

24 (C) In the case of the individual serving as 

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1 clear and Chemical and Biological Defense Pro2 grams, the position of Assistant Secretary of 

3 Defense for Nuclear, Chemical, and Biological 

4 Defense Programs. 

5 (p) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), this section and the amendments made by 

8 this section shall take effect on January 1, 2011. 

9 (2) CERTAIN MATTERS.—Subsection (i) and the 

10 amendments made by that subsection, and sub11 section (o), shall take effect on the date of the en12 actment of this Act. 

13 Subtitle B—Space Activities 

14 SEC. 911. INTEGRATED SPACE ARCHITECTURES. 

15 The Secretary of Defense and the Director of Na16 tional Intelligence shall develop an integrated process for 

17 national security space architecture planning, develop18 ment, coordination, and analysis that— 

19 (1) encompasses defense and intelligence space 

20 plans, programs, budgets, and organizations; 

21 (2) provides mid-term to long-term rec22 ommendations to guide space-related defense and in23 telligence acquisitions, requirements, and investment 

24 decisions; 


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1 (3) is independent of, but coordinated with, the 

2 space architecture planning, development, coordina3 tion, and analysis activities of each military depart4 ment and each element of the intelligence commu5 nity (as defined in section 3(4) of the National Secu6 rity Act of 1947 (50 U.S.C. 401a(4))); and 

7 (4) makes use of, to the maximum extent prac8 ticable, joint duty assignment (as defined in section 

9 668 of title 10, United States Code) positions. 

10 SEC. 912. LIMITATION ON USE OF FUNDS FOR COSTS OF 

11 TERMINATING CONTRACTS UNDER THE NA12 TIONAL POLAR-ORBITING OPERATIONAL EN13 VIRONMENTAL SATELLITE SYSTEM PRO14 GRAM. 

15 None of the funds authorized to be appropriated or 

16 otherwise made available by this Act to the Secretary of 

17 Defense for the National Polar-Orbiting Operational Envi18 ronmental Satellite System Program may be obligated or 

19 expended for the costs of terminating a contract awarded 

20 under the Program unless the Secretary of Defense and 

21 the Secretary of Commerce enter into an agreement under 

22 which the Secretary of Defense and the Secretary of Com23 merce will each be responsible for half the costs of termi24 nating the contract. 


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1 SEC. 913. LIMITATION ON USE OF FUNDS FOR PURCHASING 

2 GLOBAL POSITIONING SYSTEM USER EQUIP3 MENT. 

4 (a) IN GENERAL.—Except as provided in subsections 

5 (b) and (c), none of the funds authorized to be appro6 priated or otherwise made available by this Act or any 

7 other Act for the Department of Defense may be obligated 

8 or expended to purchase user equipment for the Global 

9 Positioning System during fiscal years after fiscal year 

10 2017 unless the equipment is capable of receiving the mili11 tary code (commonly known as the ‘‘M code’’) from the 

12 Global Positioning System. 

13 (b) EXCEPTION.—The limitation under subsection 

14 (a) shall not apply with respect to the purchase of pas15 senger vehicles or commercial vehicles in which Global Po16 sitioning System equipment is installed. 

17 (c) WAIVER.—The Secretary of Defense may waive 

18 the limitation under subsection (a) if the Secretary deter19 mines that— 

20 (1) suitable user equipment capable of receiving 

21 the military code from the Global Positioning Sys22 tem is not available; or 

23 (2) with respect to a purchase of user equip24 ment, the Department of Defense does not require 

25 that user equipment to be capable of receiving the 

26 military code from the Global Positioning System. 


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1 SEC. 914. PLAN FOR INTEGRATION OF SPACE-BASED NU2 CLEAR DETECTION SENSORS. 

3 (a) IN GENERAL.—The Secretary of Defense shall, 

4 in consultation with the Director of National Intelligence 

5 and the Administrator for Nuclear Security, submit to the 

6 congressional defense committees a plan to integrate 

7 space-based nuclear detection sensors in a geosynchronous 

8 orbit on the Space-Based Infrared System or other sat9 ellite platforms. 

10 (b) LIMITATION ON USE OF FUNDS FOR THE SPACE11 BASED INFRARED SYSTEM.— 

12 (1) IN GENERAL.—Not more than 90 percent of 

13 the amounts specified in paragraph (2) may be obli14 gated or expended before the date on which the Sec15 retary of Defense submits to the congressional de16 fense committees the plan required by subsection 

17 (a). 

18 (2) AMOUNTS SPECIFIED.—The amounts speci19 fied in this paragraph are the following: 

20 (A) The amount authorized to be appro21 priated by section 103 for procurement for the 

22 Air Force for missiles for the Space-Based In23 frared System. 

24 (B) The amount authorized to be appro25 priated by section 201 for research, developVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 ment, test, and evaluation for the Air Force for 

2 the Space-Based Infrared System. 

3 SEC. 915. PRESERVATION OF THE SOLID ROCKET MOTOR 

4 INDUSTRIAL BASE. 

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

6 of the enactment of this Act, the Secretary of Defense 

7 shall, in consultation with the Administrator of the Na8 tional Aeronautics and Space Administration, submit to 

9 the appropriate committees of Congress a report on the 

10 impact of the cancellation of the Constellation program 

11 of the National Aeronautics and Space Administration on 

12 any anticipated next generation mission requirements for 

13 missile defense interceptors, tactical and strategic mis14 siles, targets, and satellite and human spaceflight launch 

15 vehicles. 

16 (b) ELEMENTS.—The report required under sub17 section (a) shall include the following: 

18 (1) A description and assessment of the effects 

19 on Department of Defense programs that utilize 

20 solid rocket motors of the cancellation of the Ares I, 

21 the Ares V, or their solid rocket alternatives or de22 rivatives, and all supporting elements. 

23 (2) A description of the plans of the Depart24 ment of Defense to mitigate the impact of the can25 cellation of the Ares I, the Ares V, or their solid 


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1 rocket alternatives or derivatives, and all supporting 

2 elements, on the United States solid rocket motor 

3 industrial base, including a description of the Na4 tional Aeronautics and Space Administration and 

5 Department of Defense funding required to imple6 ment such plans between fiscal years 2012 and 

7 2017. 

8 (3) A description of the impact of the cancella9 tion of the Ares I, Ares V, or their solid rocket alter10 natives or derivatives, and all supporting elements, 

11 on international partners in programs such as the 

12 D–5 Trident missile. 

13 (4) A detailed description of the source of the 

14 data used in the report. 

15 (c) APPROPRIATE COMMITTEES OF CONGRESS DE16 FINED.—In this subsection, the term ‘‘appropriate com17 mittees of Congress’’ means— 

18 (1) the Committees on Armed Services, Com19 merce, Science, and Transportation, and Appropria20 tions of the Senate; and 

21 (2) the Committees on Armed Services, Science 

22 and Technology, and Appropriations of the House of 

23 Representatives. 


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1 SEC. 916. IMPLEMENTATION PLAN TO SUSTAIN SOLID 

2 ROCKET MOTOR INDUSTRIAL BASE. 

3 (a) IN GENERAL.—The Secretary of Defense shall 

4 develop an implementation plan to sustain the solid rocket 

5 motor industrial base that— 

6 (1) is based on the recommendations included 

7 in the report submitted to the congressional defense 

8 committees under section 1078 of the National De9 fense Authorization Act for Fiscal Year 2010 (Pub10 lic Law 111–84; 123 Stat. 2479); and 

11 (2) includes a funding plan for carrying out the 

12 implementation plan. 

13 (b) SUBMITTAL TO CONGRESS.—The implementation 

14 plan required by subsection (a) shall be submitted to Con15 gress with the budget of the President for fiscal year 2012 

16 as submitted under section 1105(a) of title 31, United 

17 States Code. 

18 SEC. 917. REVIEW AND PLAN ON SUSTAINMENT OF LIQUID 

19 ROCKET PROPULSION SYSTEMS INDUSTRIAL 

20 BASE. 

21 (a) IN GENERAL.—The Secretary of Defense shall, 

22 in consultation with the Administrator of the National 

23 Aeronautics and Space Administration, review, and de24 velop a plan to sustain, the liquid rocket propulsion sys25 tems industrial base. 


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1 (b) ELEMENTS.—The review and plan required by 

2 subsection (a) shall address the following: 

3 (1) The capacity to maintain currently available 

4 liquid rocket propulsion systems. 

5 (2) The maintenance of an intellectual and en6 gineering capacity to support next generation liquid 

7 rocket propulsion systems and engines, as needed. 

8 (3) Opportunities for interagency collaboration 

9 and research and development on future propulsion 

10 systems. 

11 (c) SUBMITTAL TO CONGRESS.—Not later than 180 

12 days after the date of the enactment of this Act, the Sec13 retary shall submit to the congressional defense commit14 tees the plan required by subsection (a). 

15 Subtitle C—Intelligence-Related 

16 Matters 

17 SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SEC18 RETARY OF DEFENSE TO ENGAGE IN COM19 MERCIAL ACTIVITIES AS SECURITY FOR IN20 TELLIGENCE COLLECTION ACTIVITIES. 

21 The second sentence of section 431(a) of title 10, 

22 United States Code, is amended by striking ‘‘December 

23 31, 2010’’ and inserting ‘‘December 31, 2015’’. 


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1 SEC. 922. MODIFICATION OF ATTENDEES AT PROCEEDINGS 

2 OF INTELLIGENCE, SURVEILLANCE, AND RE3 CONNAISSANCE INTEGRATION COUNCIL. 

4 (a) FINDINGS.—Section 923(a)(4) of the National 

5 Defense Authorization Act for Fiscal Year 2004 (Public 

6 Law 108–163; 117 Stat. 1574; 10 U.S.C. 426 note) is 

7 amended by striking ‘‘National Foreign Intelligence Pro8 gram (NFIP), Joint Military Intelligence Program 

9 (JMIP), and Tactical Intelligence and Related Activities 

10 Program (TIARA)’’ and inserting ‘‘National Intelligence 

11 Program (NIP) and a Military Intelligence Program 

12 (MIP)’’. 

13 (b) ADDITIONAL AUTHORIZED ATTENDEES.—Sec14 tion 426(a) of title 10, United States Code, is amended 

15 by adding at the end the following new paragraph: 

16 ‘‘(4) Each Secretary of a military department may 

17 designate an officer or employee of such military depart18 ment to attend the proceedings of the Council as a rep19 resentative of such military department.’’. 

20 SEC. 923. REPORT ON DEPARTMENT OF DEFENSE INTER21 SERVICE MANAGEMENT AND COORDINATION 

22 OF REMOTELY PILOTED AIRCRAFT SUPPORT 

23 OF INTELLIGENCE, SURVEILLANCE, AND RE24 CONNAISSANCE. 

25 (a) REPORT REQUIRED.— 


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1 (1) REPORT TO SECRETARY OF DEFENSE BY

2 CHIEFS OF STAFF.—Not later than 120 days after 

3 the date of the enactment of this Act, the Chief of 

4 Staff of the Army, the Chief of Naval Operations, 

5 and the Chief of Staff of the Air Force shall jointly 

6 submit to the Secretary of Defense a report, in ac7 cordance with this section, on remotely piloted air8 craft (RPA) support of intelligence, surveillance, and 

9 reconnaissance (ISR) within their respective Armed 

10 Forces. 

11 (2) TRANSMITTAL TO CONGRESS.—Not later 

12 than 30 days after the receipt of the report required 

13 by paragraph (1), the Secretary shall transmit the 

14 report, together with the assessment and any rec15 ommendations of the Secretary (including the mat16 ters required pursuant to subsection (b)(2)), to the 

17 congressional defense committees. 

18 (b) ELEMENTS.—The report required by subsection 

19 (a) shall include the following: 

20 (1) In the case of the report required by sub21 section (a)(1), a description by each chief of staff re22 ferred to in that subsection of— 

23 (A) current and planned remotely piloted 

24 aircraft inventories to support intelligence, sur25 veillance, and reconnaissance requirements over 


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1 the period 2011 to 2020, including an identi2 fication of systems each Armed Force considers 

3 organic and the systems capable of providing 

4 theater-level support to the commanders of the 

5 combatant commands; 

6 (B) policy and processes of each Armed 

7 Force for coordinating investments in remotely 

8 piloted aircraft to meet joint force requirements 

9 for intelligence, surveillance, and reconnaissance 

10 and to eliminate unnecessary duplication in 

11 both development and capability; and 

12 (C) the current employment of remotely pi13 loted aircraft by each Armed Force, including 

14 the number of remotely piloted aircraft de15 ployed in support operations, the number of re16 motely piloted aircraft assigned for training, 

17 and the number of remotely piloted aircraft 

18 warehoused, the capacity of each Armed Force 

19 to process, exploit, and disseminate intelligence, 

20 surveillance, and reconnaissance data collected, 

21 and the extent to which assets are provided to 

22 the joint community to meet requirements of 

23 the combatant commands. 

24 (2) In the case of the transmittal required by 

25 subsection (a)(2)— 


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1 (A) an assessment of the effectiveness of 

2 the employment of remotely piloted aircraft by 

3 each Armed Force, and a description of the per4 centage of joint force requirements for intel5 ligence, surveillance, and reconnaissance that 

6 are being met by the remotely piloted aircraft 

7 of each Armed Force; 

8 (B) a description of the joint concept of 

9 operations under which each Armed Force pro10 vides intelligence, surveillance, and reconnais11 sance capabilities through remotely piloted air12 craft to meet the requirements of the combat13 ant commands; 

14 (C) a description of the processes by which 

15 current requirements of the commanders of the 

16 combatant commands for intelligence, surveil17 lance, and reconnaissance are validated, and 

18 how the remotely piloted aircraft capabilities of 

19 each Armed Force are assigned against vali20 dated requirements; 

21 (D) a description of the current intel22 ligence, surveillance, and reconnaissance re23 quirements of each combatant command 

24 through remotely piloted aircraft; 


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1 (E) a description of how the requirements 

2 described under subparagraph (D) are being 

3 met; 

4 (F) an identification of any mission deg5 radation or failure within the combatant com6 mands due to lack of intelligence, surveillance, 

7 and reconnaissance support; 

8 (G) a description of various means of ad9 dressing any shortfalls in meeting the require10 ments described under subparagraph (D), in11 cluding temporary shortfalls and permanent 

12 shortfalls; 

13 (H) a description of the organization of the 

14 Unmanned Aerial System Task Force, including 

15 the goals and objectives of the task force and 

16 the participation and roles of each Armed Force 

17 within the task force; 

18 (I) a description of the organization of the 

19 Intelligence, Surveillance, and Reconnaissance 

20 Task Force, including the goals and objectives 

21 of the task force and the participation and roles 

22 of each Armed Force within the task force; and 

23 (J) an identification of any theater-level in24 telligence, surveillance, and reconnaissance ca25 pacity of an Armed Force that is not being 


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1 made available by services to fulfill joint force 

2 requirements for intelligence, surveillance, and 

3 reconnaissance. 

4 (c) REMOTELY PILOTED AIRCRAFT DEFINED.—In 

5 this section, the term ‘‘ remotely piloted aircraft’’ means 

6 any unmanned aircraft operated remotely, whether within 

7 or beyond line-of-sight, including unmanned aerial systems 

8 (UAS), unmanned aerial vehicles (UAV), remotely piloted 

9 vehicles (RPV), and remotely piloted aircraft (RPA). 

10 SEC. 924. REPORT ON REQUIREMENTS FULFILLMENT AND 

11 PERSONNEL MANAGEMENT RELATING TO AIR 

12 FORCE INTELLIGENCE, SURVEILLANCE, AND 

13 RECONNAISSANCE PROVIDED BY REMOTELY 

14 PILOTED AIRCRAFT. 

15 (a) REPORT REQUIRED.—Not later than 120 days 

16 after the date of the enactment of this Act, the Secretary 

17 of the Air Force shall, in coordination with the Under Sec18 retary of Defense for Acquisition, Technology, and Logis19 tics and the Under Secretary of Defense for Intelligence, 

20 submit to the appropriate committees of Congress a report 

21 on requirements fulfillment and personnel management in 

22 connection with Air Force intelligence, surveillance, and 

23 reconnaissance (ISR) provided by remotely piloted aircraft 

24 (RPA). 


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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) A description of the Joint Concept of Oper4 ation under which the Air Force operates to fulfill 

5 intelligence, surveillance, and reconnaissance re6 quirements provided by remotely piloted aircraft. 

7 (2) A description of the current requirements of 

8 each combatant command for Air Force intelligence, 

9 surveillance, and reconnaissance provided by re10 motely piloted aircraft, including— 

11 (A) the number of orbits or combat air pa12 trols for each major platform and sensor pay13 load combination; 

14 (B) the number of aircraft, aircraft opera15 tors, and ground crews in each orbit or combat 

16 air patrol, variations in the numbers of each, 

17 and the explanation for such variations; 

18 (C) a description of how requirements are 

19 being met by the management of personnel, 

20 platforms, sensors, and networks; and 

21 (D) a description of various means of ad22 dressing any shortfalls in meeting such require23 ments, including temporary shortfalls and per24 manent shortfalls. 


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1 (3) A description of manpower management to 

2 fulfill Air Force mission requirements for intel3 ligence, surveillance, and reconnaissance require4 ments provided by remotely piloted aircraft, includ5 ing the current number of personnel associated with 

6 each combat air patrol by remotely piloted aircraft 

7 for aircraft pilots, sensor operators, mission intel8 ligence coordinators, and processing, exploitation, 

9 and dissemination analysts (in this section referred 

10 to as ‘‘operators and analysts for remotely piloted 

11 aircraft’’). 

12 (4) A description of current Air Force man13 power requirements for operators and analysts for 

14 remotely piloted aircraft, and any plans for meeting 

15 such requirements, including— 

16 (A) an identification of any shortfalls in 

17 personnel, skill specialties, and grades; and 

18 (B) any plans of the Air Force to address 

19 such shortfalls, including— 

20 (i) plans to address shortfalls in appli21 cable career field retention rates; and 

22 (ii) plans for utilization of National 

23 Guard and other reserve component per24 sonnel to address shortfalls in such per25 sonnel, skill specialties, and grades. 


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1 (5) A description of the projected Air Force 

2 manpower requirements for operators and analysts 

3 for remotely piloted aircraft in each of 2015 and 

4 2020, including— 

5 (A) an identification of any significant 

6 challenges to achieving such requirements in 

7 particular skill specialties and grades; and 

8 (B) any plans of the Air Force to address 

9 such challenges. 

10 (6) A description of the collaboration of the Air 

11 Force with, and the reliance of the Air Force on, the 

12 other Armed Forces and the combat support agen13 cies, in asset management for intelligence, surveil14 lance, and reconnaissance by remotely piloted air15 craft, including personnel for processing, exploi16 tation, and dissemination. 

17 (7) A description of potential adverse con18 sequences of operating intelligence, surveillance, and 

19 reconnaissance by remotely piloted aircraft, and as20 sociated intelligence support infrastructure, in a 

21 surge, understaffed state, or both, including— 

22 (A) the impact of having to provide for23 ward processing, exploitation, and dissemination 

24 to support emerging capabilities; and 


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1 (B) any plans of the Air Force to mitigate 

2 such consequences. 

3 (8) A description of the status of Air Force 

4 training programs for operators and analysts for re5 motely piloted aircraft, including the ability to meet 

6 Air Force manpower requirements for such opera7 tors and analysts, and plans for increasing training 

8 capacity to match plans for expanding Air Force in9 telligence, surveillance, and reconnaissance capabili10 ties. 

11 (c) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate commit13 tees of Congress’’ means— 

14 (1) the Committee on Armed Services, the 

15 Committee on Appropriations, and the Select Com16 mittee on Intelligence of the Senate; and 

17 (2) the Committee on Armed Services, the 

18 Committee on Appropriations, and the Permanent 

19 Select Committee on Intelligence of the House of 

20 Representatives. 


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1 Subtitle D—Cyber Warfare, Cyber 

2 Security, and Related Matters 

3 SEC. 931. CONTINUOUS MONITORING OF DEPARTMENT OF 

4 DEFENSE INFORMATION SYSTEMS FOR CY5 BERSECURITY. 

6 (a) IN GENERAL.—The Secretary of Defense shall di7 rect the Chief Information Officer of the Department of 

8 Defense to work, in coordination with the Chief Informa9 tion Officers of the military departments and the Defense 

10 Agencies and with senior cybersecurity and information 

11 assurance officials within the Department of Defense and 

12 otherwise within the Federal Government, to achieve, to 

13 the extent practicable, the following: 

14 (1) The continuous prioritization of the policies, 

15 principles, standards, and guidelines developed under 

16 section 20 of the National Institute of Standards 

17 and Technology Act (15 U.S.C. 278g–3) with agen18 cies and offices operating or exercising control of na19 tional security systems (including the National Secu20 rity Agency) based upon the evolving threat of infor21 mation security incidents with respect to national se22 curity systems, the vulnerability of such systems to 

23 such incidents, and the consequences of information 

24 security incidents involving such systems. 


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1 (2) The automation of continuous monitoring of 

2 the effectiveness of the information security policies, 

3 procedures, and practices within the information in4 frastructure of the Department of Defense, and the 

5 compliance of that infrastructure with such policies, 

6 procedures, and practices, including automation of— 

7 (A) management, operational, and tech8 nical controls of every information system iden9 tified in the inventory required under section 

10 3505(c) of title 44, United States Code; and 

11 (B) management, operational, and tech12 nical controls relied on for evaluations under 

13 section 3545 of title 44, United States Code. 

14 (b) DEFINITIONS.—In this section: 

15 (1) The term ‘‘information security incident’’ 

16 means an occurrence that— 

17 (A) actually or potentially jeopardizes the 

18 confidentiality, integrity, or availability of an 

19 information system or the information such sys20 tem processes, stores, or transmits; or 

21 (B) constitutes a violation or imminent 

22 threat of violation of security policies, security 

23 procedures, or acceptable use policies with re24 spect to an information system. 


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1 (2) The term ‘‘information infrastructure’’ 

2 means the underlying framework, equipment, and 

3 software that an information system and related as4 sets rely on to process, transmit, receive, or store in5 formation electronically. 

6 (3) The term ‘‘national security system’’ has 

7 the meaning given that term in section 3542(b)(2) 

8 of title 44, United States Code. 

9 SEC. 932. STRATEGY ON COMPUTER SOFTWARE ASSUR10 ANCE. 

11 (a) STRATEGY REQUIRED.—The Secretary of De12 fense shall develop and implement, by not later than Octo13 ber 1, 2011, a strategy for assuring the security of soft14 ware and software-based applications for all covered sys15 tems. 

16 (b) COVERED SYSTEMS.—For purposes of this sec17 tion, a covered system is any critical information system 

18 or weapon system of the Department of Defense, including 

19 the following: 

20 (1) A major system, as that term is defined in 

21 section 2302(5) of title 10, United States Code. 

22 (2) A national security system, as that term is 

23 defined in section 3542(b)(2) of title 44, United 

24 States Code. 


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1 (3) Any Department of Defense information 

2 system categorized as Mission Assurance Category I. 

3 (4) Any Department of Defense information 

4 system categorized as Mission Assurance Category 

5 II in accordance with Department of Defense Direc6 tive 8500.01E. 

7 (c) ELEMENTS.—The strategy required by subsection 

8 (a) shall include the following: 

9 (1) Policy and regulations on the following: 

10 (A) Software assurance generally. 

11 (B) Contract requirements for software as12 surance for covered systems in development and 

13 production. 

14 (C) Inclusion of software assurance in 

15 milestone reviews and milestone approvals. 

16 (D) Rigorous test and evaluation of soft17 ware assurance in development, acceptance, and 

18 operational tests. 

19 (E) Certification and accreditation require20 ments for software assurance for new systems 

21 and for updates for legacy systems, including 

22 mechanisms to monitor and enforce reciprocity 

23 of certification and accreditation processes 

24 among the military departments and Defense 

25 Agencies. 


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1 (F) Remediation in legacy systems of crit2 ical software assurance deficiencies that are de3 fined as critical in accordance with the Applica4 tion Security Technical Implementation Guide 

5 of the Defense Information Systems Agency. 

6 (2) Allocation of adequate facilities and other 

7 resources for test and evaluation and certification 

8 and accreditation of software to meet applicable re9 quirements for research and development, systems 

10 acquisition, and operations. 

11 (3) Mechanisms for protection against com12 promise of information systems through the supply 

13 chain or cyber attack by acquiring and improving 

14 automated tools for— 

15 (A) assuring the security of software and 

16 software applications during software develop17 ment; 

18 (B) detecting vulnerabilities during testing 

19 of software; and 

20 (C) detecting intrusions during real-time 

21 monitoring of software applications. 

22 (4) Mechanisms providing the Department of 

23 Defense with the capabilities— 


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1 (A) to monitor systems and applications in 

2 order to detect and defeat attempts to penetrate 

3 or disable such systems and applications; and 

4 (B) to ensure that such monitoring capa5 bilities are integrated into the Department of 

6 Defense system of cyber defense-in-depth capa7 bilities. 

8 (5) An update to Committee for National Secu9 rity Systems Instruction No. 4009, entitled ‘‘Na10 tional Information Assurance Glossary’’, to include a 

11 standard definition for software security assurance. 

12 (6) Either— 

13 (A) mechanisms to ensure that vulnerable 

14 Mission Assurance Category III information 

15 systems, if penetrated, cannot be used as a 

16 foundation for penetration of protected covered 

17 systems, and means for assessing the effective18 ness of such mechanisms; or 

19 (B) plans to address critical vulnerabilities 

20 in Mission Assurance Category III information 

21 systems to prevent their use for intrusions of 

22 Mission Assurance Category I systems and Mis23 sion Assurance Category II systems. 


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1 (7) A funding mechanism for remediation of 

2 critical software assurance vulnerabilities in legacy 

3 systems. 

4 (d) REPORT.—Not later than October 1, 2011, the 

5 Secretary of Defense shall submit to the congressional de6 fense committees a report on the strategy required by sub7 section (a). The report shall include the following: 

8 (1) A description of the current status of the 

9 strategy required by subsection (a) and of the imple10 mentation of the strategy, including a description of 

11 the role of the strategy in the risk management by 

12 the Department regarding the supply chain and in 

13 operational planning for cyber security. 

14 (2) A description of the risks, if any, that the 

15 Department will accept in the strategy due to limita16 tions on funds or other applicable constraints. 

17 SEC. 933. STRATEGY FOR ACQUISITION AND OVERSIGHT OF 

18 DEPARTMENT OF DEFENSE CYBER WARFARE 

19 CAPABILITIES. 

20 (a) STRATEGY REQUIRED.—The Secretary of De21 fense, in consultation with the Secretaries of the military 

22 departments, shall develop a strategy to provide for the 

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1 mand and the cyber operations components of the military 

2 departments. 

3 (b) BASIC ELEMENTS.—The strategy required by 

4 subsection (a) shall include the following: 

5 (1) An orderly process for determining and ap6 proving operational requirements. 

7 (2) A well-defined, repeatable, transparent, and 

8 disciplined process for developing capabilities to 

9 meet such requirements, in accordance with the in10 formation technology acquisition process developed 

11 pursuant to section 804 of the National Defense Au12 thorization Act for Fiscal Year 2010 (Public Law 

13 111–84; 10 U.S.C. 2225 note). 

14 (3) The allocation of facilities and other re15 sources to thoroughly test such capabilities in devel16 opment, before deployment, and before use in order 

17 to validate performance and take into account collat18 eral damage and other so-called second-order effects. 

19 (c) ADDITIONAL ELEMENTS.—The strategy required 

20 by subsection (a) shall also provide for the following: 

21 (1) Safeguards to prevent— 

22 (A) the circumvention of operational re23 quirements and acquisition processes through 

24 informal relationships among the United States 

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1 tional Security Agency, and the Defense Infor2 mation Systems Agency; and 

3 (B) the abuse of quick-reaction processes 

4 otherwise available for the rapid fielding of ca5 pabilities. 

6 (2) The establishment of reporting and over7 sight processes for requirements generation and ap8 proval for cyber warfare capabilities, the assignment 

9 of responsibility for providing capabilities to meet 

10 such requirements, and the execution of development 

11 and deployment of such capabilities, under the au12 thority of the Chairman of the Joint Requirements 

13 Oversight Council, the Under Secretary of Defense 

14 for Policy, and other officials in the Office of the 

15 Secretary of Defense, as designated in the strategy. 

16 (3) The establishment and maintenance of test 

17 and evaluation facilities and resources for cyber in18 frastructure to support research and development, 

19 operational test and evaluation, operational planning 

20 and effects testing, and training by replicating or 

21 emulating networks and infrastructure maintained 

22 and operated by the military and political organiza23 tions of potential United States adversaries, by do24 mestic and foreign telecommunications service pro25 viders, and by the Department of Defense. 


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1 (4) An organization or organizations within the 

2 Department of Defense to be responsible for the op3 eration and maintenance of cyber infrastructure for 

4 research, development, test, and evaluation purposes. 

5 (5) Appropriate disclosure regarding United 

6 States cyber warfare capabilities to the independent 

7 test and evaluation community, and the involvement 

8 of that community in the development and mainte9 nance of such capabilities, regardless of classifica10 tion. 

11 (6) The role of the private sector and appro12 priate Department of Defense organizations in devel13 oping capabilities to operate in cyberspace, and a 

14 clear process for determining whether to allocate re15 sponsibility for responding to Department of De16 fense cyber warfare requirements through Federal 

17 Government personnel, contracts with private sector 

18 entities, or a combination of both. 

19 (7) The roles of each military department, and 

20 of the combat support Defense Agencies, in the de21 velopment of cyber warfare capabilities in support of 

22 offensive, defensive, and intelligence operational re23 quirements. 

24 (8) Mechanisms to promote information shar25 ing, cooperative agreements, and collaboration with 


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1 international, interagency, academic, and industrial 

2 partners in the development of cyber warfare capa3 bilities. 

4 (9) The manner in which the Department of 

5 Defense will promote interoperability, share innova6 tion, and avoid unproductive duplication in cyber 

7 warfare capabilities through specialization among 

8 the components of the Department responsible for 

9 developing cyber capabilities. 

10 (d) REPORT ON STRATEGY.— 

11 (1) REPORT REQUIRED.—Not later than 180 

12 days after the date of the enactment of this Act, the 

13 Secretary of Defense shall submit to the appropriate 

14 committees of Congress a report on the strategy re15 quired by subsection (a). The report shall include a 

16 comprehensive description of the strategy and plans 

17 (including a schedule) for the implementation of the 

18 strategy. 

19 (2) APPROPRIATE COMMITTEES OF CONGRESS

20 DEFINED.—In this subsection, the term ‘‘appro21 priate committees of Congress’’ means— 

22 (A) the Committee on Armed Services, the 

23 Committee on Appropriations, and the Select 

24 Committee on Intelligence of the Senate; and 


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1 (B) the Committee on Armed Services, the 

2 Committee on Appropriations, and the Perma3 nent Select Committee on Intelligence of the 

4 House of Representatives. 

5 SEC. 934. REPORT ON THE CYBER WARFARE POLICY OF 

6 THE DEPARTMENT OF DEFENSE. 

7 (a) REPORT REQUIRED.—Not later than March 1, 

8 2011, the Secretary of Defense shall submit to Congress 

9 a report on the cyber warfare policy of the Department 

10 of Defense. 

11 (b) ELEMENTS.—The report required under this sec12 tion shall include the following: 

13 (1) A description of the policy and legal issues 

14 investigated and evaluated by the Department in 

15 considering the range of missions and activities that 

16 the Department may choose to conduct in cyber17 space. 

18 (2) The decisions of the Secretary with respect 

19 to such issues, and the recommendations of the Sec20 retary to the President for decisions on such of 

21 those issues as exceed the authority of the Secretary 

22 to resolve, together with the rationale and justifica23 tion of the Secretary for such decisions and rec24 ommendations. 


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1 (3) A description of the intentions of the Sec2 retary with regard to modifying the National Mili3 tary Strategy for Cyberspace Operations. 

4 (4) The current use of, and potential applica5 tions of, modeling and simulation tools to identify 

6 likely cybersecurity vulnerabilities, as well as new 

7 protective and remediation means, within the De8 partment. 

9 (5) The application of modeling and simulation 

10 technology to develop strategies and programs to 

11 deter hostile or malicious activity intended to com12 promise Department information systems. 

13 (c) FORM.—The report required under this section 

14 shall be submitted in unclassified form, but may include 

15 a classified annex. 

16 SEC. 935. REPORTS ON DEPARTMENT OF DEFENSE 

17 PROGRESS IN DEFENDING THE DEPARTMENT 

18 AND THE DEFENSE INDUSTRIAL BASE FROM 

19 CYBER EVENTS. 

20 (a) REPORTS ON PROGRESS REQUIRED.—Not later 

21 than 180 days after the date of the enactment of this Act, 

22 and March 1 every year thereafter through 2015, the Sec23 retary of Defense shall submit to the congressional defense 

24 committees a report on the progress of the Department 

25 of Defense in defending the Department and the defense 


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1 industrial base from cyber events (such as attacks, intru2 sions, and theft). 

3 (b) ELEMENTS.—Each report under subsection (a) 

4 shall include the following: 

5 (1) In the case of the first report, a baseline for 

6 measuring the progress of the Department of De7 fense in defending the Department and the defense 

8 industrial base from cyber events, including defini9 tions of significant cyber events, an appropriate cat10 egorization of various types of cyber events, the 

11 basic methods used in various cyber events, the 

12 vulnerabilities exploited in such cyber events, and 

13 the metrics to be utilized to determine whether the 

14 Department is or is not making progress against an 

15 evolving cyber threat. 

16 (2) An ongoing assessment of such baseline 

17 against key cyber defense strategies (described in 

18 subsection (c)) to determine implementation 

19 progress. 

20 (3)(A) A description of the nature and scope of 

21 significant cyber events against the Department and 

22 the defense industrial base during the preceding 

23 year, including, for each such event, a description of 

24 the intelligence or other Department data acquired, 

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1 partment information or weapon systems, and the 

2 impact of such event on the Department generally 

3 and on operational capabilities. 

4 (B) For any such event that has been inves5 tigated by or on behalf of the Damage Assessment 

6 Management Office, a synopsis of each damage as7 sessment report, with emphasis on actions needing 

8 remediation. 

9 (4) A comparative assessment of the offensive 

10 cyber warfare capabilities of current representative 

11 potential United States adversaries and nations with 

12 advanced cyber warfare capabilities with the capacity 

13 of the United States to defend— 

14 (A) military networks and mission capabili15 ties; and 

16 (B) critical infrastructure. 

17 (5) A comparative assessment of the offensive 

18 cyber warfare capabilities of the United States with 

19 the capacity of current representative potential 

20 United States adversaries and nations with advanced 

21 cyber warfare capabilities to defend against cyber at22 tacks. 

23 (6) A comparative assessment of the degree of 

24 dependency of current representative potential 

25 United States adversaries, nations with advanced 


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1 cyber warfare capabilities, and the United States on 

2 networks that can be attacked through cyberspace. 

3 (7) A description of known or suspected identi4 fied supply chain vulnerabilities, including known or 

5 suspected supply chain attacks, and actions to reme6 diate such vulnerabilities. 

7 (c) KEY CYBER DEFENSE STRATEGIES.—For pur8 poses of subsection (b)(2), key cyber defense strategies in9 clude the following: 

10 (1) Relevant valid Homeland Security Presi11 dential Directives and National Security Presidential 

12 Directives. 

13 (2) The Comprehensive National Cybersecurity 

14 Initiative. 

15 (3) The National Military Strategy for Cyber16 space Operations implementation plan. 

17 (d) PERFORMANCE OF CERTAIN ASSESSMENTS.— 

18 The comparative assessment of critical infrastructure re19 quired by subsection (b)(4)(B) shall be performed by the 

20 Secretary of Homeland Security, in coordination with the 

21 Secretary of Defense and the heads of other agencies of 

22 the Government with specific responsibility for critical in23 frastructure. 


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1 (e) FORM.—Each report under this section shall be 

2 submitted in unclassified form, but may include a classi3 fied annex. 

4 Subtitle E—Other Matters 

5 SEC. 941. TWO-YEAR EXTENSION OF AUTHORITIES RELAT6 ING TO TEMPORARY WAIVER OF REIMBURSE7 MENT OF COSTS OF ACTIVITIES FOR NON8 GOVERNMENTAL PERSONNEL AT DEPART9 MENT OF DEFENSE REGIONAL CENTERS FOR 

10 SECURITY STUDIES. 

11 (a) EXTENSION OF WAIVER.—Paragraph (1) of sec12 tion 941(b) of the Duncan Hunter National Defense Au13 thorization Act for Fiscal Year 2009 (Public Law 110– 

14 417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by 

15 striking ‘‘fiscal years 2009 and 2010’’ and inserting ‘‘fis16 cal years 2009 through 2012’’. 

17 (b) ANNUAL REPORT.—Paragraph (3) of such sec18 tion is amended by striking ‘‘in 2010 and 2011’’ and in19 serting ‘‘in each year through 2013’’. 

20 SEC. 942. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL 

21 ROLES AND MISSIONS REVIEW IN 2011. 

22 (a) ADDITIONAL ACTIVITIES CONSIDERED.—As part 

23 of the quadrennial roles and missions review conducted in 

24 2011 pursuant to section 118b of title 10, United States 

25 Code, the Secretary of Defense shall give consideration to 


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1 the following activities, giving particular attention to their 

2 role in counter-terrorism operations: 

3 (1) Information operations. 

4 (2) Detention and interrogation. 

5 (b) ADDITIONAL REPORT REQUIREMENT.—In the re6 port required by section 118b(d) of such title for such re7 view in 2011, the Secretary of Defense shall— 

8 (1) provide clear guidance on the nature and 

9 extent of which core competencies are associated 

10 with the activities listed in subsection (a); and 

11 (2) identify the elements of the Department of 

12 Defense that are responsible or should be responsible 

13 for providing such core competencies. 

14 SEC. 943. REPORT ON ORGANIZATIONAL STRUCTURE AND 

15 POLICY GUIDANCE OF THE DEPARTMENT OF 

16 DEFENSE REGARDING INFORMATION OPER17 ATIONS. 

18 (a) REPORT REQUIRED.—Not later than 90 days 

19 after the date of the enactment of this Act, the Secretary 

20 of Defense shall submit to the Committee on Armed Serv21 ices of the Senate and the Committee on Armed Services 

22 of the House of Representatives a report on the organiza23 tional structure and policy guidance of the Department 

24 of Defense with respect to information operations. 


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1 (b) REVIEW.—In preparing the report required by 

2 subsection (a), the Secretary shall review the following: 

3 (1) The extent to which the current definition 

4 of ‘‘information operations’’ in Department of De5 fense Directive 3600.1 is appropriate. 

6 (2) The location of the office within the Depart7 ment of the lead official responsible for information 

8 operations of the Department, including assessments 

9 of the most effective location and the need to des10 ignate a principal staff assistant to the Secretary of 

11 Defense for information operations. 

12 (3) Departmental responsibility for the develop13 ment, coordination, and oversight of Department 

14 policy on information operations and for the integra15 tion of such operations. 

16 (4) Departmental responsibility for the plan17 ning, execution, and oversight of Department infor18 mation operations. 

19 (5) Departmental responsibility for coordination 

20 within the Department, and between the Depart21 ment and other departments and agencies of the 

22 Federal Government, regarding Department infor23 mation operations, and for the resolution of conflicts 

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1 sessment of current coordination bodies and deci2 sionmaking processes. 

3 (6) The roles and responsibilities of the military 

4 departments, combat support agencies, the United 

5 States Special Operations Command, and the other 

6 combatant commands in the development and imple7 mentation of information operations. 

8 (7) The roles and responsibilities of the defense 

9 intelligence agencies for support of information oper10 ations. 

11 (8) The role in information operations of the 

12 following Department officials: 

13 (A) The Assistant Secretary of Defense for 

14 Public Affairs. 

15 (B) The Assistant Secretary of Defense for 

16 Special Operations and Low-Intensity Conflict. 

17 (C) The senior official responsible for in18 formation processing and networking capabili19 ties. 

20 (9) The role of related capabilities in the dis21 charge of information operations, including public 

22 affairs capabilities, civil-military operations capabili23 ties, defense support of public diplomacy, and intel24 ligence. 


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1 (10) The management structure of computer 

2 network operations in the Department for the dis3 charge of information operations, and the policy in 

4 support of that component. 

5 (11) The appropriate use, management, and 

6 oversight of contractors in the development and im7 plementation of information operations, including an 

8 assessment of current guidance and policy directives 

9 pertaining to the uses of contractors for these pur10 poses. 

11 (c) FORM.—The report required by subsection (a) 

12 shall be submitted in unclassified form, with a classified 

13 annex, if necessary. 

14 (d) DEPARTMENT OF DEFENSE DIRECTIVE.—Upon 

15 the submittal of the report required by subsection (a), the 

16 Secretary shall prescribe a revised directive for the De17 partment of Defense on information operations. The direc18 tive shall take into account the results of the review con19 ducted for purposes of the report. 

20 (e) INFORMATION OPERATIONS DEFINED.—In this 

21 section, the term ‘‘information operations’’ means the in22 formation operations specified in Department of Defense 

23 Directive 3600.1, as follows: 

24 (1) Electronic warfare. 

25 (2) Computer network operations. 


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1 (3) Psychological operations. 

2 (4) Military deception. 

3 (5) Operations security. 

4 SEC. 944. REPORT ON ORGANIZATIONAL STRUCTURES OF 

5 THE GEOGRAPHIC COMBATANT COMMAND 

6 HEADQUARTERS. 

7 (a) REPORT REQUIRED.—Not later than 90 days 

8 after the date of the enactment of this Act, the Secretary 

9 of Defense and the Chairman of the Joint Chiefs of Staff 

10 shall jointly submit to the Committee on Armed Services 

11 of the Senate and the Committee on Armed Services of 

12 the House of Representatives a report on the organiza13 tional structures of the headquarters of the geographic 

14 combatant commands. 

15 (b) ELEMENTS.—The report required by subsection 

16 (a) shall include the following; 

17 (1) A description of the organizational structure 

18 of the headquarters of each geographic combatant 

19 command. 

20 (2) An assessment of the benefits and limita21 tions of the different organizational structures in 

22 meeting the broad range of military missions of the 

23 geographic combatant commands. 

24 (3) A description and assessment of the role 

25 and contributions of other departments and agencies 


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1 of the Federal Government within each organiza2 tional structure, including a description of any plans 

3 to expand interagency participation in the geo4 graphic combatant commands in the future. 

5 (4) A description of any lessons learned from 

6 the ongoing reorganization of the organizational 

7 structure of the United States Southern Command 

8 and the United States Africa Command, including 

9 an assessment of the value, if any, added by the po10 sition of civilian deputy to the commander of the 

11 United States Southern Command and to the com12 mander of the United States Africa Command. 

13 (5) Any other matters the Secretary and the 

14 Chairman consider appropriate. 

15 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 counterdrug 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. 


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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. 


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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. 

1 Subtitle A—Financial Matters 

2 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

4 (1) AUTHORITY.—Upon determination by the 

5 Secretary of Defense that such action is necessary in 

6 the national interest, the Secretary may transfer 

7 amounts of authorizations made available to the De8 partment of Defense in this division for fiscal year 

9 2011 between any such authorizations for that fiscal 

10 year (or any subdivisions thereof). Amounts of au11 thorizations so transferred shall be merged with and 

12 be available for the same purposes as the authoriza13 tion to which transferred. 

14 (2) LIMITATION.—Except as provided in para15 graph (3), the total amount of authorizations that 

16 the Secretary may transfer under the authority of 

17 this section may not exceed $4,000,000,000. 

18 (3) EXCEPTION FOR TRANSFERS BETWEEN

19 MILITARY PERSONNEL AUTHORIZATIONS.—A trans20 fer of funds between military personnel authoriza21 tions under title IV shall not be counted toward the 

22 dollar limitation in paragraph (2). 


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1 (b) LIMITATIONS.—The authority provided by this 

2 section to transfer authorizations— 

3 (1) may only be used to provide authority for 

4 items that have a higher priority than the items 

5 from which authority is transferred; and 

6 (2) may not be used to provide authority for an 

7 item that has been denied authorization by Con8 gress. 

9 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

10 transfer made from one account to another under the au11 thority of this section shall be deemed to increase the 

12 amount authorized for the account to which the amount 

13 is transferred by an amount equal to the amount trans14 ferred. 

15 (d) NOTICE TO CONGRESS.—The Secretary shall 

16 promptly notify Congress of each transfer made under 

17 subsection (a). 

18 SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIA19 TIONS FOR OPERATIONS IN AFGHANISTAN, 

20 IRAQ, AND HAITI FOR FISCAL YEAR 2010. 

21 In addition to the amounts otherwise authorized to 

22 be appropriated by this division, the amounts authorized 

23 to be appropriated for fiscal year 2010 in title XV of the 

24 National Defense Authorization Act for Fiscal Year 2010 


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1 (Public Law 111–84) are hereby increased, with respect 

2 to any such authorized amount, as follows: 

3 (1) The amounts provided in sections 1502 

4 through 1507 of such Act for the following procure5 ment accounts are increased as follows: 

6 (A) For aircraft procurement, Army, by 

7 $182,170,000. 

8 (B) For weapons and tracked combat vehi9 cles procurement, Army, by $3,000,000. 

10 (C) For ammunition procurement, Army, 

11 by $17,055,000. 

12 (D) For other procurement, Army, by 

13 $1,997,918,000. 

14 (E) For the Joint Improvised Explosive 

15 Device Defeat Fund, by $400,000,000. 

16 (F) For aircraft procurement, Navy, by 

17 $104,693,000. 

18 (G) For other procurement, Navy, by 

19 $15,000,000. 

20 (H) For procurement, Marine Corps, by 

21 $18,927,000. 

22 (I) For aircraft procurement, Air Force, by 

23 $209,766,000. 

24 (J) For ammunition procurement, Air 

25 Force, by $5,000,000. 


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1 (K) For other procurement, Air Force, by 

2 $576,895,000. 

3 (L) For the Mine Resistant Ambush Pro4 tected Vehicle Fund, by $1,123,000,000. 

5 (M) For defense-wide activities, by 

6 $189,276,000. 

7 (2) The amounts provided in section 1508 of 

8 such Act for research, development, test, and evalua9 tion are increased as follows: 

10 (A) For the Army, by $61,962,000. 

11 (B) For the Navy, by $5,360,000. 

12 (C) For the Air Force, by $187,651,000. 

13 (D) For defense-wide activities, by 

14 $22,138,000. 

15 (3) The amounts provided in sections 1509, 

16 1511, 1513, 1514, and 1515 of such Act for oper17 ation and maintenance are increased as follows: 

18 (A) For the Army, by $11,700,965,000. 

19 (B) For the Navy, by $2,428,702,000. 

20 (C) For the Marine Corps, by 

21 $1,090,873,000. 

22 (D) For the Air Force, by $3,845,047,000. 

23 (E) For defense-wide activities, by 

24 $1,188,421,000. 


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1 (F) For the Army Reserve, by 

2 $67,399,000. 

3 (G) For the Navy Reserve, by 

4 $61,842,000. 

5 (H) For the Marine Corps Reserve, by 

6 $674,000. 

7 (I) For the Air Force Reserve, by 

8 $95,819,000. 

9 (J) For the Army National Guard, by 

10 $171,834,000. 

11 (K) For the Air National Guard, by 

12 $161,281,000. 

13 (L) For the Defense Health Program, by 

14 $33,367,000. 

15 (M) For Drug Interdiction and 

16 Counterdrug Activities, Defense-wide, by 

17 $94,000,000. 

18 (N) For the Afghanistan Security Forces 

19 Fund, by $2,604,000,000. 

20 (O) For the Iraq Security Forces Fund, by 

21 $1,000,000,000. 

22 (P) For Overseas Humanitarian, Disaster, 

23 and Civic Aid, by $255,000,000. 

24 (Q) For Overseas Contingency Operations 

25 Transfer Fund, by $350,000,000. 


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1 (R) For Working Capital Funds, by 

2 $974,967,000. 

3 (4) The amount provided in section 1512 of 

4 such Act for military personnel accounts is increased 

5 by $1,895,761,000. 

6 SEC. 1003. BUDGETARY EFFECTS OF THIS ACT. 

7 The budgetary effects of this Act, for the purpose of 

8 complying with the Statutory Pay-As-You-Go Act of 2010, 

9 shall be determined by reference to the latest statement 

10 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

11 Act, submitted for printing in the Congressional Record 

12 by the Chairman of the Committee on the Budget of the 

13 House of Representatives, as long as such statement has 

14 been submitted prior to the vote on passage of this Act. 

15 Subtitle B—Counter-Drug 

16 Activities 

17 SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTER18 RORISM CAMPAIGN IN COLOMBIA. 

19 Section 1021 of the Ronald W. Reagan National De20 fense Authorization Act for Fiscal Year 2005 (Public Law 

21 108–375; 118 Stat. 2042), as most recently amended by 

22 section 1011 of the National Defense Authorization Act 

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

24 2441), is further amended— 


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1 (1) in subsection (a), by striking ‘‘2010’’ and 

2 inserting ‘‘2011’’; and 

3 (2) in subsection (c), by striking ‘‘2010’’ and 

4 inserting ‘‘2011’’. 

5 SEC. 1012. EXTENSION AND MODIFICATION OF JOINT TASK 

6 FORCES SUPPORT TO LAW ENFORCEMENT 

7 AGENCIES CONDUCTING COUNTER-TER8 RORISM ACTIVITIES. 

9 (a) EXTENSION.—Subsection (b) of section 1022 of 

10 the National Defense Authorization Act for Fiscal Year 

11 2004 (10 U.S.C. 371 note) is amended by striking ‘‘2010’’ 

12 and inserting ‘‘2011’’. 

13 (b) AVAILABILITY OF AUTHORITY.— 

14 (1) ADDITIONAL CONDITION ON AUTHORITY

15 FOR SUPPORT AND ASSOCIATED WAIVER AUTHOR16 ITY.—Subsection (d) of such section is amended— 

17 (A) by inserting ‘‘(1)’’ before ‘‘Any sup18 port’’; and 

19 (B) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2)(A) Support for counter-terrorism activities pro22 vided under subsection (a) may only be provided if the 

23 Secretary of Defense determines that the objectives of 

24 using the counter-drug funds of any joint task force to 

25 provide such support relate significantly to the objectives 


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1 of providing support for counter-drug activities by that 

2 joint task force or any other joint task force. 

3 ‘‘(B) The Secretary of Defense may waive the re4 quirements of subparagraph (A) if the Secretary deter5 mines that such a waiver is vital to the national security 

6 interests of the United States. The Secretary shall 

7 promptly submit to Congress notice in writing of any waiv8 er issued under this subparagraph. 

9 ‘‘(C) The Secretary of Defense may delegate any re10 sponsibility of the Secretary under subparagraph (B) to 

11 the Deputy Secretary of Defense or to the Under Sec12 retary of Defense for Policy. Except as provided in the 

13 preceding sentence, such a responsibility may not be dele14 gated to any official of the Department of Defense or any 

15 other official.’’. 

16 (2) ANNUAL CERTIFICATION OF COMPLI17 ANCE.—Subsection (c) of such section is amended by 

18 adding at the end the following new paragraph: 

19 ‘‘(4) A certification by the Secretary of Defense 

20 that any support provided under subsection (a) dur21 ing such one-year period was provided in compliance 

22 with the requirements of subsection (d).’’. 

23 (3) INTERIM COMPLIANCE REPORT.—Not later 

24 than 90 days after the date of the enactment of this 


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1 Act, the Secretary of Defense shall submit to Con2 gress a report setting forth— 

3 (A) a description of each support activity 

4 provided by a joint task force under subsection 

5 (a) of section 1022 of the National Defense Au6 thorization Act for Fiscal Year 2004 (10 U.S.C. 

7 371 note), as of the date of the submittal of 

8 such report; and 

9 (B) a certification as to whether or not 

10 each such activity has been provided in compli11 ance with the requirements of subsection (d) of 

12 such section, as amended by paragraph (1) of 

13 this subsection. 

14 SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES 

15 TO SUPPORT FOREIGN COUNTER-DRUG AC16 TIVITIES. 

17 Section 1022(a) of the Floyd D. Spence National De18 fense Authorization Act for Fiscal Year 2001 (as enacted 

19 into law by Public Law 106–398; 114 Stat. 1654A–255), 

20 as most recently amended by section 1013 of the National 

21 Defense Authorization Act for Fiscal Year 2010 (Public 

22 Law 111–84; 123 Stat. 2442), is further amended by 

23 striking ‘‘February 15, 2010’’ and inserting ‘‘February 

24 15, 2011’’. 


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1 SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF 

2 CERTAIN FOREIGN GOVERNMENTS. 

3 (a) IN GENERAL.—Subsection (a)(2) of section 1033 

4 of the National Defense Authorization Act for Fiscal Year 

5 1998 (Public Law 105–85; 111 Stat. 1881), as most re6 cently amended by section 1014(a) of the National De7 fense Authorization Act for Fiscal Year 2010 (Public Law 

8 111–84; 123 Stat. 2442), is further amended by striking 

9 ‘‘2010’’ and inserting ‘‘2012’’. 

10 (b) MAXIMUM AMOUNT OF SUPPORT.—Subsection 

11 (e)(2) of such section is amended by striking ‘‘either of 

12 fiscal years 2009 and 2010’’ and inserting ‘‘any of the 

13 fiscal years 2009 through 2012’’. 

14 SEC. 1015. NOTICE TO CONGRESS ON MILITARY CONSTRUC15 TION PROJECTS FOR FACILITIES OF THE DE16 PARTMENT OF DEFENSE AND FOREIGN LAW 

17 ENFORCEMENT AGENCIES FOR COUNTER18 DRUG ACTIVITIES. 

19 (a) NOTICE TO CONGRESS.— 

20 (1) NOTICE.—Section 1004 of the National De21 fense Authorization Act for Fiscal Year 1991 (10 

22 U.S.C. 374 note) is amended— 

23 (A) in subsection (b)(4), by inserting ‘‘for 

24 the purpose of facilitating’’ after ‘‘within or 

25 outside the United States or’’; and 

26 (B) in subsection (h)(2)(A)— 


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1 (i) by striking ‘‘modification or re2 pair’’ and inserting ‘‘construction, modi3 fication, or repair’’; 

4 (ii) by striking ‘‘a Department of De5 fense facility’’ and inserting ‘‘any facility’’; 

6 and 

7 (iii) by striking ‘‘purpose’’ and insert8 ing ‘‘purposes’’. 

9 (2) CONSTRUCTION OF NOTICE.—Subsection 

10 (h) of such section is further amended by adding at 

11 the end the following new paragraph: 

12 ‘‘(3) This subsection may not be construed as an au13 thorization for the use of funds for any military construc14 tion project that would exceed the approved cost limita15 tions of an unspecified minor military construction project 

16 under section 2805(a)(2) of title 10, United States 

17 Code.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 subsection (a) shall take effect on the date of the enact20 ment of this Act, and shall apply with respect to facilities 

21 projects for which a decision is made to be carried out 

22 on or after that date. 


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1 Subtitle C—Naval Vessels and 

2 Shipyards 

3 SEC. 1021. EXTENSION OF AUTHORITY FOR REIMBURSE4 MENT OF EXPENSES FOR CERTAIN NAVY 

5 MESS OPERATIONS. 

6 (a) EXTENSION.—Subsection (b) of section 1014 of 

7 the Duncan Hunter National Defense Authorization Act 

8 for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

9 4585) is amended by striking ‘‘September 30, 2010’’ and 

10 inserting ‘‘September 30, 2015’’. 

11 (b) CLARIFICATION OF SCOPE OF AUTHORITY.—Sub12 section (a) of such section is amended by inserting ‘‘in 

13 any fiscal year’’ after ‘‘may be used’’. 

14 SEC. 1022. EXPRESSING THE SENSE OF CONGRESS REGARD15 ING THE NAMING OF A NAVAL COMBAT VES16 SEL AFTER FATHER VINCENT CAPODANNO. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) Father Vincent Capodanno was born on 

20 February 13, 1929, in Staten Island, New York. 

21 (2) After attending Fordham University for a 

22 year, he entered the Maryknoll Missionary Seminary 

23 in upstate New York in 1949, and was ordained a 

24 Catholic priest in June 1957. 


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1 (3) Father Capodanno’s first assignment as a 

2 missionary was working with aboriginal Taiwanese 

3 people in the mountains of Taiwan where he served 

4 in a parish and later in a school. After several years, 

5 Father Capodanno returned to the United States for 

6 leave and then was assigned to a Maryknoll school 

7 in Hong Kong. 

8 (4) Father Vincent Capodanno volunteered as a 

9 Navy Chaplain and was commissioned a Lieutenant 

10 in the Chaplain Corps of the United States Naval 

11 Reserve in December 28, 1965. 

12 (5) Father Vincent Capodanno selflessly ex13 tended his combat tour in Vietnam on the condition 

14 he was allowed to remain with the infantry. 

15 (6) On September 4, 1967, during a fierce bat16 tle in the Thang Binh District of the Que-Son Valley 

17 in Vietnam, Father Capodanno went among the 

18 wounded and dying, giving last rites and caring for 

19 the injured. He was killed that day while taking care 

20 of his Marines. 

21 (7) On January 7, 1969, Father Vincent 

22 Capodanno was awarded the Medal of Honor post23 humously for comforting the wounded and dying 

24 during the Vietnam conflict. For his dedicated serv25 ice, Father Capodanno was also awarded the Bronze 


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1 Star, the Purple Heart, the Presidential Unit Cita2 tion, the National Defense Service Medal, the Viet3 nam Service Medal, the Vietnam Gallantry Cross 

4 with Palm, and the Vietnam Campaign Medal. 

5 (8) In his memory, the U.S.S. Capodanno was 

6 commissioned on September 17, 1973. It is the only 

7 Naval vessel to date to have received a Papal bless8 ing by Pope John Paul II in Naples, Italy, on Sep9 tember 4, 1981. 

10 (9) The U.S.S. Capodanno was decommissioned 

11 on July 30, 1993. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Secretary of the Navy should name a com14 bat vessel of the United States Navy the ‘‘U.S.S. Father 

15 Vincent Capodanno’’, in honor of Father Vincent 

16 Capodanno, a lieutenant in the Navy Chaplain Corps. 

17 SEC. 1023. REQUIREMENTS FOR LONG-RANGE PLAN FOR 

18 CONSTRUCTION OF NAVAL VESSELS. 

19 (a) IN GENERAL.—Section 231 of title 10, United 

20 States Code, is amended to read as follows: 

21 ‘‘§ 231. Long-range plan for construction of naval ves22 sels 

23 ‘‘(a) QUADRENNIAL NAVAL VESSEL CONSTRUCTION

24 PLAN.—At the same time that the budget of the President 

25 is submitted under section 1105(a) of title 31 during each 


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1 year in which the Secretary of Defense submits a quadren2 nial defense review, the Secretary of the Navy shall submit 

3 to the congressional defense committees a long-range plan 

4 for the construction of combatant and support vessels for 

5 the Navy that supports the force structure recommenda6 tions of the quadrennial defense review. 

7 ‘‘(b) MATTERS INCLUDED.—The plan under sub8 section (a) shall include the following: 

9 ‘‘(1) A detailed construction schedule of naval 

10 vessels for the 10-year period beginning on the date 

11 on which the plan is submitted, including a certifi12 cation by the Secretary that the budget for the fiscal 

13 year in which the plan is submitted and the budget 

14 for the future-years defense program submitted 

15 under section 221 of this title are sufficient for 

16 funding such schedule. 

17 ‘‘(2) A probable construction schedule for the 

18 10-year period beginning on the date that is 10 

19 years after the date on which the plan is submitted. 

20 ‘‘(3) A notional construction schedule for the 

21 10-year period beginning on the date that is 20 

22 years after the date on which the plan is submitted. 

23 ‘‘(4) The estimated levels of annual funding 

24 necessary to carry out the construction schedules 

25 under paragraphs (1), (2), and (3). 


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1 ‘‘(5) For the construction schedules under para2 graphs (1) and (2)— 

3 ‘‘(A) a determination by the Director of 

4 Cost Assessment and Program Evaluation of 

5 the level of funding necessary to execute such 

6 schedules; and 

7 ‘‘(B) an evaluation by the Director of the 

8 potential risk associated with such schedules, 

9 including detailed effects on operational plans, 

10 missions, deployment schedules, and fulfillment 

11 of the requirements of the combatant com12 manders. 

13 ‘‘(c) NAVAL COMPOSITION.—In submitting the plan 

14 under subsection (a), the Secretary shall ensure that such 

15 plan is in accordance with section 5062(b) of this title. 

16 ‘‘(d) ASSESSMENT WHEN BUDGET IS INSUFFI17 CIENT.—If the budget for a fiscal year provides for fund18 ing of the construction of naval vessels at a level that is 

19 less than the level determined necessary by the Director 

20 of Cost Assessment and Program Evaluation under sub21 section (b)(5), the Secretary of the Navy shall include with 

22 the defense budget materials for that fiscal year an assess23 ment that describes and discusses the risks associated 

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1 duced force structure that may result from funding naval 

2 vessel construction at such a level. 

3 ‘‘(e) CBO EVALUATION.—Not later than 60 days 

4 after the date on which the congressional defense commit5 tees receive the plan under subsection (a), the Director 

6 of the Congressional Budget Office shall submit to such 

7 committees a report assessing the sufficiency of the esti8 mated levels of annual funding included in such plan with 

9 respect to the budget submitted during the year in which 

10 the plan is submitted and the future-years defense pro11 gram submitted under section 221 of this title. 

12 ‘‘(f) CHANGES TO THE CONSTRUCTION PLAN.—In 

13 any year in which a quadrennial defense review is not sub14 mitted and the budget of the President submitted under 

15 section 1105(a) of title 31 decreases the number of vessels 

16 requested in the future-years defense program submitted 

17 under section 221 of this title, the Secretary of the Navy 

18 shall submit to the congressional defense committees a re19 port on such decrease including— 

20 ‘‘(1) an addendum to the most recent quadren21 nial defense review that fully explains and justifies 

22 the decrease with respect to the national security 

23 strategy of the United States as set forth in the 

24 most recent national security strategy report of the 


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1 President under section 108 of the National Security 

2 Act of 1947 (50 U.S.C. 404a); and 

3 ‘‘(2) a description of the additional reviews and 

4 analyses considered by the Secretary after the pre5 vious quadrennial defense review was submitted that 

6 justify the decrease. 

7 ‘‘(g) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘budget’, with respect to a fiscal 

9 year, means the budget for that fiscal year that is 

10 submitted to Congress by the President under sec11 tion 1105(a) of title 31. 

12 ‘‘(2) The term ‘defense budget materials’, with 

13 respect to a fiscal year, means the materials sub14 mitted to Congress by the Secretary of Defense in 

15 support of the budget for that fiscal year. 

16 ‘‘(3) The term ‘quadrennial defense review’ 

17 means the review of the defense programs and poli18 cies of the United States that is carried out every 

19 four years under section 118 of this title.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 9 of such title is amended by 

22 striking the item relating to section 231 and inserting the 

23 following new item: 

‘‘231. Long-range plan for construction of naval vessels.’’. 


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1 Subtitle D—Counterterrorism 

2 SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAK3 ING REWARDS FOR COMBATING TERRORISM. 

4 Section 127b(c)(3)(C) of title 10, United States 

5 Code, is amended by striking ‘‘2010’’ and inserting 

6 ‘‘2011’’. 

7 SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE 

8 TRANSFER OR RELEASE OF INDIVIDUALS DE9 TAINED AT UNITED STATES NAVAL STATION, 

10 GUANTANAMO BAY, CUBA. 

11 None of the funds authorized to be appropriated by 

12 this Act for fiscal year 2011 may be used to transfer, re13 lease, or assist in the transfer or release to or within the 

14 United States, its territories, or possessions of Khalid 

15 Sheikh Mohammed or any other detainee who— 

16 (1) is not a United States citizen or a member 

17 of the Armed Forces of the United States; and 

18 (2) is or was held on or after January 20, 

19 2009, at United States Naval Station, Guantanamo 

20 Bay, Cuba, by the Department of Defense. 


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1 SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO 

2 THE TRANSFER OF INDIVIDUALS DETAINED 

3 AT NAVAL STATION, GUANTANAMO BAY, 

4 CUBA, TO FOREIGN COUNTRIES AND OTHER 

5 FOREIGN ENTITIES. 

6 (a) LIMITATION.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), during the one-year period beginning on 

9 the date of the enactment of this Act, the Secretary 

10 of Defense may not use any of the amounts author11 ized to be appropriated by this Act or otherwise 

12 available to the Department of Defense to transfer 

13 any individual detained at Guantanamo to the cus14 tody or effective control of the individual’s country 

15 of origin, any other foreign country, or any other 

16 foreign entity unless the Secretary submits to Con17 gress the certification described in subsection (b) by 

18 not later than 30 days before the transfer of the in19 dividual. 

20 (2) EXCEPTION.—Paragraph (1) shall not 

21 apply to any action taken by the Secretary to trans22 fer any individual detained at Guantanamo to effec23 tuate an order affecting the disposition of the indi24 vidual that is issued by a court or competent tri25 bunal of the United States having lawful jurisdicVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 tion. The Secretary shall notify Congress promptly 

2 upon issuance of any such order. 

3 (b) CERTIFICATION.—The certification described in 

4 this subsection is a written certification made by the Sec5 retary of Defense, with the concurrence of the Secretary 

6 of State, that the government of the foreign country or 

7 the recognized leadership of the foreign entity to which 

8 the individual detained at Guantanamo is to be trans9 ferred— 

10 (1) is not a designated state sponsor of ter11 rorism or a designated foreign terrorist organization; 

12 (2) maintains effective control over each deten13 tion facility in which an individual is to be detained 

14 if the individual is to be housed in a detention facil15 ity; 

16 (3) is not, as of the date of the certification, 

17 facing a threat that is likely to substantially affect 

18 its ability to exercise control over the individual; 

19 (4) has agreed to take effective steps to ensure 

20 that the individual cannot take action to threaten 

21 the United States, its citizens, or its allies in the fu22 ture; 

23 (5) has taken such steps as the Secretary deter24 mines are necessary to ensure that the individual 


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1 cannot engage or re-engage in any terrorist activity; 

2 and 

3 (6) has agreed to share any information with 

4 the United States that— 

5 (A) is related to the individual or any asso6 ciates of the individual; and 

7 (B) could affect the security of the United 

8 States, its citizens, or its allies. 

9 (c) PROHIBITION AND WAIVER IN CASES OF PRIOR

10 CONFIRMED RECIDIVISM.— 

11 (1) PROHIBITION.—Except as provided in para12 graph (3), during the one-year period beginning on 

13 the date of the enactment of this Act, the Secretary 

14 of Defense may not use any amount authorized to 

15 be appropriated or otherwise made available to the 

16 Department of Defense to transfer any individual 

17 detained at Guantanamo to the custody or effective 

18 control of the individual’s country of origin, any 

19 other foreign country, or any other foreign entity if 

20 there is a confirmed case of any individual who was 

21 detained at United States Naval Station, Guanta22 namo Bay, Cuba, at any time after September 11, 

23 2001, who was transferred to the foreign country or 

24 entity and subsequently engaged in any terrorist ac25 tivity. 


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1 (2) WAIVER.—The Secretary of Defense may 

2 waive the prohibition in paragraph (1) if the Sec3 retary determines that such a transfer is in the na4 tional security interests of the United States and in5 cludes, as part of the certification described in sub6 section (b) relating to such transfer, the determina7 tion of the Secretary under this paragraph. 

8 (3) EXCEPTION.—Paragraph (1) shall not 

9 apply to any action taken by the Secretary to trans10 fer any individual detained at Guantanamo to effec11 tuate an order affecting the disposition of the indi12 vidual that is issued by a court or competent tri13 bunal of the United States having lawful jurisdic14 tion. The Secretary shall notify Congress promptly 

15 upon issuance of any such order. 

16 (d) DEFINITIONS.—For the purposes of this section: 

17 (1) The term ‘‘individual detained at Guanta18 namo’’ means any individual who is located at 

19 United States Naval Station, Guantanamo Bay, 

20 Cuba, as of October 1, 2009, who— 

21 (A) is not a citizen of the United States or 

22 a member of the Armed Forces of the United 

23 States; and 

24 (B) is— 


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1 (i) in the custody or under the effec2 tive control of the Department of Defense; 

3 or 

4 (ii) otherwise under detention at 

5 United States Naval Station, Guantanamo 

6 Bay, Cuba. 

7 (2) The term ‘‘foreign terrorist organization’’ 

8 means any organization so designated by the Sec9 retary of State under section 219 of the Immigra10 tion and Nationality Act (8 U.S.C. 1189). 

11 SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MOD12 IFY OR CONSTRUCT FACILITIES IN THE 

13 UNITED STATES TO HOUSE DETAINEES 

14 TRANSFERRED FROM UNITED STATES NAVAL 

15 STATION, GUANTANAMO BAY, CUBA. 

16 (a) IN GENERAL.—None of the funds authorized to 

17 be appropriated by this Act may be used to construct or 

18 modify any facility in the United States, its territories, 

19 or possessions to house any individual described in sub20 section (c) for the purposes of detention or imprisonment 

21 in the custody or under the effective control of the Depart22 ment of Defense. 

23 (b) EXCEPTION.—The prohibition in subsection (a) 

24 shall not apply to any modification of facilities at United 

25 States Naval Station, Guantanamo Bay, Cuba. 


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1 (c) INDIVIDUALS DESCRIBED.—An individual de2 scribed in this subsection is any individual who, as of Oc3 tober 1, 2009, is located at United States Naval Station, 

4 Guantanamo Bay, Cuba, and who— 

5 (1) is not a citizen of the United States or a 

6 member of the Armed Forces of the United States; 

7 and 

8 (2) is— 

9 (A) in the custody or under the effective 

10 control of the Department of Defense; or 

11 (B) otherwise under detention at United 

12 States Naval Station, Guantanamo Bay, Cuba. 

13 (d) REPORT ON USE OF FACILITIES IN THE UNITED

14 STATES TO HOUSE DETAINEES TRANSFERRED FROM

15 GUANTANAMO.— 

16 (1) REPORT REQUIRED.—Not later than April 

17 1, 2011, the Secretary of Defense shall submit to 

18 the congressional defense committees a report, in 

19 classified or unclassified form, on the merits, costs, 

20 and risks of using any proposed facility in the 

21 United States, its territories, or possessions to house 

22 any individual described in subsection (c) for the 

23 purposes of detention or imprisonment in the cus24 tody or under the effective control of the Depart25 ment of Defense. 


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1 (2) ELEMENTS OF THE REPORT.—The report 

2 required in paragraph (1) shall include each of the 

3 following: 

4 (A) A discussion of the merits associated 

5 with any such proposed facility that would jus6 tify— 

7 (i) using the facility instead of the fa8 cility at United States Naval Station, 

9 Guantanamo Bay, Cuba; and 

10 (ii) the proposed facility’s contribution 

11 to effecting a comprehensive policy for con12 tinuing military detention operations. 

13 (B) The rationale for selecting the specific 

14 site for any such proposed facility, including de15 tails for the processes and criteria used for 

16 identifying the merits described in subpara17 graph (A) and for selecting the proposed site 

18 over reasonable alternative sites. 

19 (C) A discussion of any potential risks to 

20 any community in the vicinity of any such pro21 posed facility, the measures that could be taken 

22 to mitigate such risks, and the likely cost to the 

23 Department of Defense of implementing such 

24 measures. 


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1 (D) A discussion of any necessary modi2 fications to any such proposed facility to ensure 

3 that any detainee transferred from Guantanamo 

4 Bay to such facility could not come into contact 

5 with any other individual, including any other 

6 person detained at such facility, that is not ap7 proved for such contact by the Department of 

8 Defense, and an assessment of the likely costs 

9 of such modifications. 

10 (E) A discussion of any support at the site 

11 of any such proposed facility that would likely 

12 be provided by the Department of Defense, in13 cluding the types of support, the number of per14 sonnel required for each such type, and an esti15 mate of the cost of such support. 

16 (F) A discussion of any support, other 

17 than support provided at a proposed facility, 

18 that would likely be provided by the Depart19 ment of Defense for the operation of any such 

20 proposed facility, including the types of possible 

21 support, the number of personnel required for 

22 each such type, and an estimate of the cost of 

23 such support. 

24 (G) A discussion of the legal issues, in the 

25 judgment of the Secretary of Defense, that 


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1 could be raised as a result of detaining or im2 prisoning any individual described in subsection 

3 (c) at any such proposed facility that could not 

4 be raised while such individual is detained or 

5 imprisoned at United States Naval Station, 

6 Guantanamo Bay, Cuba. 

7 SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTEC8 TION POLICIES. 

9 (a) COMPREHENSIVE REVIEW REQUIRED.—The Sec10 retary of Defense shall conduct a comprehensive review 

11 of Department of Defense policies, regulations, instruc12 tions, and directives pertaining to force protection within 

13 the Department. 

14 (b) MATTERS COVERED.—The review required under 

15 subsection (a) shall include an assessment of each of the 

16 following: 

17 (1) Information sharing practices across the 

18 Department of Defense, and among the State, local, 

19 and Federal partners of the Department of Defense. 

20 (2) Antiterrorism and force protection stand21 ards relating to buildings, including standoff dis22 tances. 

23 (3) Protective standards relating to chemical, 

24 biological, radiological, nuclear, and high explosives 

25 threats. 


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1 (4) Standards relating to access to Department 

2 bases. 

3 (5) Standards for identity management within 

4 the Department, including such standards for iden5 tity cards and biometric identifications systems. 

6 (6) Procedures for validating and approving in7 dividuals with regular or episodic access to military 

8 installations, including military personnel, civilian 

9 employees, contractors, family members of per10 sonnel, and other types of visitors. 

11 (7) Procedures for sharing with appropriate De12 partment of Defense officials with responsibility for 

13 force protection— 

14 (A) information from the intelligence or 

15 law enforcement community regarding possible 

16 threats from terrorists or terrorist groups, 

17 criminal organizations, or other state and non18 state foreign entities actively working to under19 mine the security interests of the United States; 

20 and 

21 (B) information regarding personnel who 

22 have engaged in potentially suspicious activities 

23 or may otherwise pose a threat. 


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1 (8) Any legislative changes recommended for 

2 implementing the recommendations contained in the 

3 review. 

4 (c) INTERIM REPORT.—Not later than September 1, 

5 2012, the Secretary of Defense shall submit an interim 

6 report on the comprehensive review required under sub7 section (a). 

8 (d) FINAL REPORT.—Not later than March 1, 2013, 

9 the Secretary of Defense shall submit to the Committees 

10 on Armed Services of the Senate and House of Represent11 atives a final report on the comprehensive review required 

12 under subsection (a). The final report shall include such 

13 findings and recommendations as the Secretary considers 

14 appropriate based on the review, including recommended 

15 actions to be taken to implement the specific recommenda16 tions in the final report. The final report shall be sub17 mitted in an unclassified format, but may include a classi18 fied annex. 

19 Subtitle E—Homeland Defense and 

20 Civil Support 

21 SEC. 1041. LIMITATION ON DEACTIVATION OF EXISTING 

22 CONSEQUENCE MANAGEMENT RESPONSE 

23 FORCES. 

24 (a) LIMITATION.—The Secretary of Defense shall en25 sure that no Chemical, Biological, Radiological, Nuclear, 


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1 or High-Yield Explosive Consequence Management Re2 sponse Force established as of October 1, 2009, is deacti3 vated or disestablished until the Secretary provides a cer4 tification described in subsection (b). 

5 (b) CERTIFICATION.—The certification described in 

6 this subsection is a written certification to the congres7 sional defense committees that there exists within the 

8 United States Armed Forces an alternative chemical, bio9 logical, radiological, nuclear, or high-yield explosive con10 sequence management response capability that is at least 

11 as capable as two Chemical, Biological, Radiological, Nu12 clear, or High-Yield Explosive Consequence Management 

13 Response Forces. 

14 (c) REPORT REQUIRED.— 

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

16 the date of the enactment of this Act, the Secretary 

17 shall submit to the congressional defense committees 

18 a report on plans of the Department of Defense to 

19 establish Homeland Response Forces for domestic 

20 emergency response to incidents involving weapons 

21 of mass destruction. 

22 (2) ELEMENTS OF REPORT.—The report re23 quired by this subsection shall include the following: 

24 (A) A detailed description of the analysis 

25 that led to the decision to establish Homeland 


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1 Response Forces described in paragraph (1), in2 cluding— 

3 (i) whether consideration was given to 

4 establishing Homeland Response Forces 

5 within the Reserves; and 

6 (ii) the reasons for not planning to es7 tablish any Homeland Response Forces 

8 within the Reserves. 

9 (B) A detailed description of the plans to 

10 establish Homeland Response Forces, includ11 ing— 

12 (i) the cost and schedule to establish, 

13 equip, maintain, and operate the proposed 

14 Homeland Response Forces; 

15 (ii) guidelines for the employment of 

16 Homeland Response Forces; and 

17 (iii) the portion of the costs of Home18 land Response Forces that will be borne by 

19 the States. 

20 (C) A detailed description of the proposed 

21 number and composition of Homeland Response 

22 Forces, including— 

23 (i) the number and type of units in 

24 each Homeland Response Force; and 


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1 (ii) the number of personnel in each 

2 Homeland Response Force. 

3 (D) A comparative assessment of the emer4 gency response capabilities of a Homeland Re5 sponse Force with the capabilities of a Chem6 ical, Biological, Radiological, Nuclear, or High7 Yield Explosive Consequence Management Re8 sponse Force, including— 

9 (i) a comparison of the equipment 

10 proposed for each type of force; 

11 (ii) a comparison of the proposed 

12 means of transportation for each type of 

13 force; 

14 (iii) an estimate of the time it would 

15 take each type of force to deploy to an in16 cident site; and 

17 (iv) an estimate of the operational du18 ration of each type of force at such a site. 

19 (E) A description of the command and 

20 control arrangements proposed for the Home21 land Response Forces, including a description 

22 of the degree to which the Homeland Response 

23 Forces would be subject to the direction and 

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1 pared to the Governor of the State in which 

2 they are located. 

3 (F) The results of the United States 

4 Northern Command study of the possible con5 cepts of operations and of the implementation 

6 of the Homeland Response Force plan in such 

7 a manner as to provide adequate capability to 

8 provide Federal defense support to civil authori9 ties during domestic incidents involving weap10 ons of mass destruction. 

11 (G) Any other matters the Secretary con12 siders appropriate. 

13 (3) FORM OF REPORT.—The report required by 

14 this subsection shall be in unclassified form, but 

15 may include a classified annex. 

16 Subtitle F—Studies and Reports 

17 SEC. 1051. INTERAGENCY NATIONAL SECURITY KNOWL18 EDGE AND SKILLS. 

19 (a) STUDY REQUIRED.— 

20 (1) SELECTION OF INDEPENDENT STUDY ORGA21 NIZATION.—Not later than 60 days after the date of 

22 the enactment of this Act, the Secretary of Defense 

23 shall select and enter into an agreement with an ap24 propriate independent, nonprofit organization to 


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1 conduct a study of the matters described in sub2 section (b). 

3 (2) QUALIFICATIONS OF ORGANIZATION SE4 LECTED.—The organization selected shall be quali5 fied on the basis of having relevant expertise in the 

6 fields of national security and human capital devel7 opment, and on the basis of such other criteria as 

8 the Secretary of Defense may determine. 

9 (b) MATTERS TO BE COVERED.—The study required 

10 by subsection (a) shall assess the current state of inter11 agency national security knowledge and skills in Depart12 ment of Defense civilian and military personnel, and make 

13 recommendations for strengthening such knowledge and 

14 skills. At minimum, the study shall include assessments 

15 and recommendations on— 

16 (1) interagency national security training, edu17 cation, and rotational assignment opportunities 

18 available to civilians and military personnel; 

19 (2) integration of interagency national security 

20 education into the professional military education 

21 system; 

22 (3) levels of interagency national security 

23 knowledge and skills possessed by personnel cur24 rently serving in civilian executive and general or 

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1 agency education, training, and professional experi2 ences they have undertaken; 

3 (4) incentives that enable and encourage mili4 tary and civilian personnel to undertake interagency 

5 assignment, education, and training opportunities, 

6 as well as disincentives and obstacles that discourage 

7 undertaking such opportunities; and 

8 (5) any plans or current efforts to improve the 

9 interagency national security knowledge and skills of 

10 civilian and military personnel. 

11 (c) REPORT.—Not later than December 1, 2011, the 

12 Secretary of Defense shall submit to the congressional de13 fense committees a report containing the findings and rec14 ommendations from the study required by subsection (a). 

15 (d) DEFINITION.—In this section, the term ‘‘inter16 agency national security knowledge and skills’’ means an 

17 understanding of, and the ability to efficiently and expedi18 tiously work within, the structures, mechanisms, and proc19 esses by which the departments, agencies, and elements 

20 of the Federal Government that have national security 

21 missions coordinate and integrate their policies, capabili22 ties, budgets, expertise, and activities to accomplish such 

23 missions. 


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1 SEC. 1052. REPORT ON ESTABLISHING A NORTHEAST RE2 GIONAL JOINT TRAINING CENTER. 

3 (a) REPORT REQUIRED.—Not later than 90 days 

4 after the date of the enactment of this Act, the Secretary 

5 of Defense shall submit to the congressional defense com6 mittees a report on the need for the establishment of a 

7 Northeast Regional Joint Training Center. 

8 (b) CONTENTS OF REPORT.—The report required 

9 under subsection (a) shall include each of the following: 

10 (1) A list of facilities in the Northeastern 

11 United States at which, as of the date of the enact12 ment of this Act, the Department of Defense has de13 ployed or has committed to deploying joint training. 

14 (2) A description of the extent to which such 

15 facilities have sufficient unused capacity and exper16 tise to accommodate and fully utilize joint training. 

17 (3) A list of potential locations for the North18 east Regional Joint Training Center discussed in the 

19 report. 

20 (c) CONSIDERATIONS WITH RESPECT TO LOCA21 TION.—In determining potential locations for the North22 east Regional Joint Training Center to be discussed in the 

23 report required under subsection (a), the Secretary of De24 fense shall take into consideration Department of Defense 

25 facilities that have— 

26 (1) a workforce of skilled personnel; 


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1 (2) live, virtual, and constructive training capa2 bilities, and the ability to digitally connect them and 

3 the associated battle command structure at the tac4 tical and operational levels; 

5 (3) an extensive deployment history in Oper6 ation Enduring Freedom and Operation Iraqi Free7 dom; 

8 (4) a location in the Northeastern United 

9 States; 

10 (5) the capacity or potential capacity to accom11 modate a target training audience range of 500 to 

12 4,000 additional personnel; and 

13 (6) the capability to accommodate the training 

14 of current and future joint forces. 

15 SEC. 1053. COMPTROLLER GENERAL REPORT ON PRE16 VIOUSLY REQUESTED REPORTS. 

17 (a) REPORT REQUIRED.—Not later than March 1, 

18 2011, the Comptroller General of the United States shall 

19 submit to the Committee on Armed Services of the Senate 

20 and the Committee on Armed Services of the House of 

21 Representatives a report evaluating the sufficiency, ade22 quacy, and conclusions of the following reports: 

23 (1) The report on Air Force fighter force short24 falls, as required by the report of the House of Rep25 resentatives numbered 111–166, which accompanied 


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1 the National Defense Authorization Act for Fiscal 

2 Year 2010 (Public Law 111–84). 

3 (2) The report on procurement of 4.5 genera4 tion fighters, as required by section 131 of the Na5 tional Defense Authorization Act for Fiscal Year 

6 2010 (Public Law 111–84; 123 Stat. 2218). 

7 (3) The report on combat air forces restruc8 turing, as required by the report of the House of 

9 Representatives numbered 111–288, which accom10 panied the conference report for the National De11 fense Authorization Act for Fiscal Year 2010 (Pub12 lic Law 111–84). 

13 (b) MATTERS COVERED BY REPORT.—The report re14 quired by subsection (a) shall examine the potential costs 

15 and benefits of each of the following: 

16 (1) The service life extension program costs to 

17 sustain the legacy fighter fleet to meet inventory re18 quirements with an emphasis on the service life ex19 tension program compared to other options such as 

20 procurement of 4.5 generation fighters. 

21 (2) The Falcon Structural Augmentation Road22 map of F–16s, with emphasis on the cost-benefit of 

23 such effort and the effect of such efforts on the serv24 ice life of the airframes. 


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1 (3) Any additional programs designed to extend 

2 the service life of legacy fighter aircraft. 

3 (c) PROHIBITION.—No fighter aircraft may be retired 

4 from the Air Force or the Air National Guard inventory 

5 in fiscal year 2011 until the date that is 90 days after 

6 the date on which the Committee on Armed Services of 

7 the Senate and the Committee on Armed Services of the 

8 House of Representatives receive the report required 

9 under subsection (a). 

10 SEC. 1054. BIENNIAL REPORT ON NUCLEAR TRIAD. 

11 (a) REPORT.—Not later than March 1 of each even12 numbered year, beginning March 1, 2012, the Secretary 

13 of Defense, in consultation with the Administrator for Nu14 clear Security, shall submit to the congressional defense 

15 committees a report on the nuclear triad. 

16 (b) MATTERS INCLUDED.—The report under sub17 section (a) shall include the following: 

18 (1) A detailed discussion of the modernization 

19 and sustainment plans for each component of the 

20 nuclear triad over the 10-year period beginning on 

21 the date of the report. 

22 (2) The funding required for each platform of 

23 the nuclear triad with respect to operation and 

24 maintenance, modernization, and replacement. 


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1 (3) Any industrial capacities that the Secretary 

2 considers vital to ensure the viability of the nuclear 

3 triad. 

4 (c) NUCLEAR TRIAD DEFINED.—In this section, the 

5 term ‘‘nuclear triad’’ means the nuclear deterrent capabili6 ties of the United States composed of ballistic missile sub7 marines, land-based missiles, and strategic bombers. 

8 SEC. 1055. COMPTROLLER GENERAL STUDY ON COMMON 

9 ALIGNMENT OF WORLD REGIONS IN DEPART10 MENTS AND AGENCIES WITH INTER11 NATIONAL RESPONSIBILITIES. 

12 (a) STUDY REQUIRED.—The Comptroller General of 

13 the United States shall conduct a study to assess the need 

14 for and implications of a common alignment of world re15 gions in the internal organization of departments and 

16 agencies of the Federal Government with international re17 sponsibilities. 

18 (b) DEPARTMENTS AND AGENCIES.—The following 

19 departments and agencies, at a minimum, shall be in20 cluded in the study: 

21 (1) The Department of State. 

22 (2) The Department of the Treasury. 

23 (3) The Department of Defense. 

24 (4) The Department of Justice. 

25 (5) The Department of Commerce. 


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1 (6) The Department of Homeland Security. 

2 (7) The United States Agency for International 

3 Development. 

4 (8) The agencies comprising the intelligence 

5 community. 

6 (9) Such other departments, agencies, and Fed7 eral organizations with significant international re8 sponsibilities as the Comptroller General considers 

9 appropriate. 

10 (c) COOPERATION AND ACCESS.—The heads of the 

11 departments and agencies included in the study shall pro12 vide full cooperation with, and access to appropriate infor13 mation on organizational structures to, the Comptroller 

14 General for the purposes of conducting the study. 

15 (d) MATTERS COVERED.—The study required under 

16 subsection (a) shall, at a minimum, assess— 

17 (1) problems and inefficiencies resulting from 

18 lack of a common alignment, including impediments 

19 to interagency collaboration; 

20 (2) obstacles to implementing a common align21 ment; 

22 (3) advantages and disadvantages of a common 

23 alignment; and 

24 (4) measures taken to address challenges asso25 ciated with the lack of a common alignment. 


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1 (e) REPORT.—The Comptroller General shall submit 

2 to Congress a report on the study required under sub3 section (a) not later than 180 days after the date of the 

4 enactment of this Act. 

5 SEC. 1056. REQUIRED REPORTS CONCERNING BOMBER 

6 MODERNIZATION, SUSTAINMENT, AND RE7 CAPITALIZATION EFFORTS IN SUPPORT OF 

8 THE NATIONAL DEFENSE STRATEGY. 

9 (a) AIR FORCE REPORT.— 

10 (1) REPORT REQUIRED.—Not later than 360 

11 days after the date of the enactment of this Act, the 

12 Secretary of the Air Force shall submit to the con13 gressional defense committees a report that in14 cludes— 

15 (A) a discussion of the cost, schedule, and 

16 performance of all planned efforts to modernize 

17 and keep viable the existing B–1, B–2, and B– 

18 52 bomber fleets and a discussion of the fore19 casted service-life and all sustainment chal20 lenges that the Secretary of the Air Force may 

21 confront in keeping those platforms viable until 

22 the anticipated retirement of such aircraft; 

23 (B) a discussion, presented in a compari24 son and contrast type format, of the scope of 

25 the 2007 Next-Generation Long Range Strike 


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1 Analysis of Alternatives guidance and subse2 quent Analysis of Alternatives report tasked by 

3 the Under Secretary of Defense for Acquisition, 

4 Technology, and Logistics in the September 11, 

5 2006, Acquisition Decision Memorandum, as 

6 compared to the scope and directed guidance of 

7 the year 2010 Long Range Strike Study effort 

8 currently being conducted by the Under Sec9 retary of Defense for Policy and the Office of 

10 the Secretary of Defense’s Cost Assessment and 

11 Program Evaluation Office; and 

12 (C) a discussion of the preliminary costs, 

13 any development, testing, fielding and oper14 ational employment challenges, capability gaps, 

15 limitations, and shortfalls of the Secretary of 

16 Defense’s plan to field a long-range, pene17 trating, survivable, persistent and enduring 

18 ‘‘family of systems’’ as compared to the prelimi19 nary costs, any development, testing, fielding, 

20 and operational employment of a singular plat21 form that encompasses all the required afore22 mentioned characteristics. 

23 (2) PREPARATION OF REPORT.—The report 

24 under paragraph (1) shall be prepared by a federally 

25 funded research and development center selected by 


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1 the Secretary of the Air Force and submitted to the 

2 Secretary for submittal by the Secretary in accord3 ance with that paragraph. 

4 (b) COST ANALYSIS AND PROGRAM EVALUATION RE5 PORT.—Not later than 180 days after the date of the en6 actment of this Act, the Director of the Cost Analysis and 

7 Program Evaluation of the Office of the Secretary of De8 fense shall submit to the congressional defense committees 

9 a report that includes— 

10 (1) the assumptions and estimated life-cycle 

11 costs of the Department’s long-range, penetrating, 

12 survivable, persistent, and enduring ‘‘family of sys13 tems’’ platforms; and 

14 (2) the assumptions and estimated life-cycle 

15 costs of the Next Generation Platform program, as 

16 planned, prior to the cancellation of the program on 

17 April 6, 2009. 

18 SEC. 1057. COMPTROLLER GENERAL STUDY AND REC19 OMMENDATIONS REGARDING SECURITY OF 

20 SOUTHERN LAND BORDER OF THE UNITED 

21 STATES. 

22 (a) STUDY AND REPORT REQUIRED.—The Comp23 troller General of the United States shall conduct a study 

24 of the security of the southern land border of the United 

25 States and ongoing United States Government efforts to 


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1 improve such security. Not later than 180 days after the 

2 date of the enactment of this Act, the Comptroller General 

3 shall submit to the Committees on Armed Services of the 

4 Senate and the House of Representatives a report con5 taining the findings of the study and such recommenda6 tions based on such findings as the Comptroller General 

7 considers to be appropriate. 

8 (b) ISSUES ADDRESSED.—The study and report re9 quired by subsection (a) shall address, at a minimum, the 

10 following issues: 

11 (1) The extent to which the United States has 

12 or has not achieved and maintained operational con13 trol over the southern land border of the United 

14 States, as defined in section 2(b) of the Secure 

15 Fence Act of 2006 (Public Law 109–367; 8 U.S.C. 

16 1701 note). 

17 (2) The extent to which any lack of operational 

18 control over the southern land border of the United 

19 States has resulted in the operation of illicit net20 works trafficking in people, drugs, illegal weapons 

21 and money, violence associated with such illegal ac22 tivities, and other impacts adverse to the interests of 

23 the United States. 

24 (3) The costs and benefits of steps, including 

25 but not limited to the steps identified in subsection 


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1 (c), that could be taken by elements of the United 

2 States Government to achieve operational control 

3 over the southern land border of the United States. 

4 (4) The costs and benefits of an increased role 

5 for the Department of Defense in taking any such 

6 steps. 

7 (5) The adequacy of current information shar8 ing agreements and other related agreements be9 tween Federal, State, local, and tribal law enforce10 ment authorities with regard to the security of the 

11 southern land border of the United States. 

12 (6) The impact of any increased deployment of 

13 unmanned aerial systems or unmanned aircraft on 

14 the use and availability of the National Airspace in 

15 the area of the southern land border of the United 

16 States. 

17 (c) SPECIFIC STEPS TO BE CONSIDERED.—The steps 

18 to be considered by the Comptroller General pursuant to 

19 paragraphs (3) and (4) of subsection (b) shall include the 

20 following: 

21 (1) The deployment of additional units or mem22 bers of the National Guard or other Department of 

23 Defense personnel to the southern land border of the 

24 United States. 


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1 (2) The commitment of additional border patrol 

2 agents or other civilian law enforcement personnel to 

3 the southern land border of the United States. 

4 (3) The construction of additional fencing, in5 cluding double-layer and triple-layer fencing. 

6 (4) The increased use of ground-based mobile 

7 surveillance systems by military or civilian personnel. 

8 (5) The deployment of additional unmanned 

9 aerial systems and manned aircraft to provide sur10 veillance of the southern land border of the United 

11 States. 

12 (6) The deployment and provision of capability 

13 for radio communications interoperability between 

14 U.S. Customs and Border Protection and State, 

15 local, and tribal law enforcement agencies. 

16 (7) The construction of checkpoints along the 

17 southern land border of the United States. 

18 (8) The use of additional mobile patrols by mili19 tary or civilian personnel, particularly in rural, high20 trafficked areas, as designated by the Commissioner 

21 of Customs and Border Protection. 


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1 Subtitle G—Miscellaneous 

2 Authorities and Limitations 

3 SEC. 1061. PUBLIC AVAILABILITY OF DEPARTMENT OF DE4 FENSE REPORTS REQUIRED BY LAW. 

5 (a) PUBLIC AVAILABILITY.— 

6 (1) IN GENERAL.—Chapter 3 of title 10, United 

7 States Code, is amended by inserting after section 

8 122 the following new section: 

9 ‘‘§ 122a. Public availability of Department of Defense 

10 reports required by law 

11 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

12 ensure that each report described in subsection (b) is 

13 made available to the public, upon request submitted on 

14 or after the date on which such report is submitted to Con15 gress, through the Office of the Assistant Secretary of De16 fense for Public Affairs. 

17 ‘‘(b) COVERED REPORTS.—(1) Except as provided in 

18 paragraph (2), a report described in this subsection is any 

19 report that is required by law to be submitted to Congress 

20 by the Secretary of Defense, or by any element of the De21 partment of Defense. 

22 ‘‘(2) A report otherwise described in paragraph (1) 

23 is not a report described in this subsection if the report 

24 contains— 

25 ‘‘(A) classified information; 


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1 ‘‘(B) proprietary information; 

2 ‘‘(C) information that is exempt from disclosure 

3 under section 552 of title 5 (commonly referred to 

4 as the ‘Freedom of Information Act’); or 

5 ‘‘(D) any other type of information that the 

6 Secretary of Defense determines should not be made 

7 available to the public in the interest of national se8 curity.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 3 of such title is 

11 amended by inserting after the item relating to sec12 tion 122 the following new item: 

‘‘122a. Public availability of Department of Defense reports required by law.’’. 

13 (b) EFFECTIVE DATE.—Section 122a of title 10, 

14 United States Code (as added by subsection (a)), shall 

15 take effect 90 days after the date of the enactment of this 

16 Act, and shall apply with respect to reports that are re17 quired by law to be submitted to Congress on or after that 

18 date. 

19 SEC. 1062. PROHIBITION ON INFRINGING ON THE INDI20 VIDUAL RIGHT TO LAWFULLY ACQUIRE, POS21 SESS, OWN, CARRY, AND OTHERWISE USE PRI22 VATELY OWNED FIREARMS, AMMUNITION, 

23 AND OTHER WEAPONS. 

24 (a) IN GENERAL.—Except as provided in subsection 

25 (c), the Secretary of Defense shall not prohibit, issue any 


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1 requirement relating to, or collect or record any informa2 tion relating to the otherwise lawful acquisition, posses3 sion, ownership, carrying, or other use of a privately 

4 owned firearm, privately owned ammunition, or another 

5 privately owned weapon by a member of the Armed Forces 

6 or civilian employee of the Department of Defense on 

7 property that is not— 

8 (1) a military installation; or 

9 (2) any other property that is owned or oper10 ated by the Department of Defense. 

11 (b) EXISTING REGULATIONS AND RECORDS.— 

12 (1) REGULATIONS.—Any regulation promul13 gated before the date of enactment of this Act shall 

14 have no force or effect to the extent that it requires 

15 conduct prohibited by this section. 

16 (2) RECORDS.—Not later than 90 days after 

17 the date of enactment of this Act, the Secretary of 

18 Defense shall destroy any record containing informa19 tion described in subsection (a) that was collected 

20 before the date of enactment of this Act. 

21 (c) RULE OF CONSTRUCTION.—Subsection (a) shall 

22 not be construed to limit the authority of the Secretary 

23 of Defense to— 

24 (1) create or maintain records relating to, or 

25 regulate the possession, carrying, or other use of a 


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1 firearm, ammunition, or other weapon by a member 

2 of the Armed Forces or civilian employee of the De3 partment of Defense while— 

4 (A) engaged in official duties on behalf of 

5 the Department of Defense; or 

6 (B) wearing the uniform of an Armed 

7 Force; or 

8 (2) create or maintain records relating to an in9 vestigation, prosecution, or adjudication of an al10 leged violation of law (including regulations not pro11 hibited under subsection (a)), including matters re12 lated to whether a member of the Armed Forces 

13 constitutes a threat to the member or others. 

14 (d) REVIEW.—Not later than 180 days after the date 

15 of enactment of this Act, the Secretary of Defense shall— 

16 (1) conduct a comprehensive review of the pri17 vately owned weapons policy of the Department of 

18 Defense, including legal and policy issues regarding 

19 the regulation of privately owned firearms off of a 

20 military installation, as recommended by the Depart21 ment of Defense Independent Review Related to 

22 Fort Hood; and 

23 (2) submit to the Committee on Armed Services 

24 of the Senate and the Committee on Armed Services 

25 of the House of Representatives a report regarding 


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1 the findings of and recommendations relating to the 

2 review conducted under paragraph (1), including any 

3 recommendations for adjustments to the require4 ments under this section. 

5 (e) MILITARY INSTALLATION DEFINED.—In this sec6 tion, the term ‘‘military installation’’ has the meaning 

7 given that term under section 2687(e)(1) of title 10, 

8 United States Code. 

9 SEC. 1063. DEVELOPMENT OF CRITERIA AND METHOD10 OLOGY FOR DETERMINING THE SAFETY AND 

11 SECURITY OF NUCLEAR WEAPONS. 

12 (a) IN GENERAL.—The Secretary of Energy and the 

13 Secretary of Defense shall, acting through the Nuclear 

14 Weapons Council, develop the following: 

15 (1) Criteria for determining the appropriate 

16 baseline for safety and security of nuclear weapons 

17 through the life cycle of such weapons. 

18 (2) A methodology for determining the level of 

19 safety and security that may be achieved through a 

20 life extension program for each type of nuclear 

21 weapon. 

22 (b) REPORT REQUIRED.—Not later than March 1, 

23 2012, the Secretary of Energy and the Secretary of De24 fense shall jointly submit to the congressional defense 


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1 committees a report containing the criteria and the meth2 odology developed pursuant to subsection (a). 

3 Subtitle H—Other Matters 

4 SEC. 1071. NATIONAL DEFENSE PANEL. 

5 Subsection (f) of section 118 of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘(f) NATIONAL DEFENSE PANEL.— 

8 ‘‘(1) ESTABLISHMENT.—Not later than Feb9 ruary 1 of a year in which a quadrennial defense re10 view is conducted under this section, there shall be 

11 established an independent panel to be known as the 

12 National Defense Panel (in this subsection referred 

13 to as the ‘Panel’). The Panel shall have the duties 

14 set forth in this subsection. 

15 ‘‘(2) MEMBERSHIP.—The Panel shall be com16 posed of ten members from private civilian life who 

17 are recognized experts in matters relating to the na18 tional security of the United States. Eight of the 

19 members shall be appointed as follows: 

20 ‘‘(A) Two by the chairman of the Com21 mittee on Armed Services of the House of Rep22 resentatives. 

23 ‘‘(B) Two by the chairman of the Com24 mittee on Armed Services of the Senate. 


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1 ‘‘(C) Two by the ranking member of the 

2 Committee on Armed Services of the House of 

3 Representatives. 

4 ‘‘(D) Two by the ranking member of the 

5 Committee on Armed Services of the Senate. 

6 ‘‘(3) CO-CHAIRS OF THE PANEL.—In addition 

7 to the members appointed under paragraph (2), the 

8 Secretary of Defense shall appoint two members 

9 from private civilian life to serve as co-chairs of the 

10 panel. 

11 ‘‘(4) PERIOD OF APPOINTMENT; VACANCIES.— 

12 Members shall be appointed for the life of the Panel. 

13 Any vacancy in the Panel shall be filled in the same 

14 manner as the original appointment. 

15 ‘‘(5) DUTIES.—The Panel shall have the fol16 lowing duties with respect to a quadrennial defense 

17 review: 

18 ‘‘(A) While the review is being conducted, 

19 the Panel shall review the updates from the 

20 Secretary of Defense required under paragraph 

21 (8) on the conduct of the review. 

22 ‘‘(B) The Panel shall— 

23 ‘‘(i) review the Secretary of Defense’s 

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1 puts to, the work of the Department of 

2 Defense on the quadrennial defense review; 

3 ‘‘(ii) conduct an assessment of the as4 sumptions, strategy, findings, and risks of 

5 the report on the quadrennial defense re6 view required in subsection (d), with par7 ticular attention paid to the risks described 

8 in that report; 

9 ‘‘(iii) conduct an independent assess10 ment of a variety of possible force struc11 tures of the armed forces, including the 

12 force structure identified in the report on 

13 the quadrennial defense review required in 

14 subsection (d); 

15 ‘‘(iv) review the resource requirements 

16 identified pursuant to subsection (b)(3) 

17 and, to the extent practicable, make a gen18 eral comparison to the resource require19 ments to support the forces contemplated 

20 under the force structures assessed under 

21 this subparagraph; and 

22 ‘‘(v) provide to Congress and the Sec23 retary of Defense, through the report 

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1 tions it considers appropriate for their con2 sideration. 

3 ‘‘(6) FIRST MEETING.—If the Secretary of De4 fense has not made the Secretary’s appointments to 

5 the Panel under paragraph (3) by February 1 of a 

6 year in which a quadrennial defense review is con7 ducted under this section, the Panel shall convene 

8 for its first meeting with the remaining members. 

9 ‘‘(7) REPORT.—Not later than 3 months after 

10 the date on which the report on a quadrennial de11 fense review is submitted under subsection (d) to the 

12 congressional committees named in that subsection, 

13 the Panel established under paragraph (1) shall sub14 mit to those committees an assessment of the quad15 rennial defense review, including a description of the 

16 items addressed under paragraph (5) with respect to 

17 that quadrennial defense review. 

18 ‘‘(8) UPDATES FROM SECRETARY OF DE19 FENSE.—The Secretary of Defense shall ensure that 

20 periodically, but not less often than every 60 days, 

21 or at the request of the co-chairs, the Department 

22 of Defense briefs the Panel on the progress of the 

23 conduct of a quadrennial defense review under sub24 section (a). 

25 ‘‘(9) ADMINISTRATIVE PROVISIONS.— 


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1 ‘‘(A) The Panel may request directly from 

2 the Department of Defense and any of its com3 ponents such information as the Panel con4 siders necessary to carry out its duties under 

5 this subsection. The head of the department or 

6 agency concerned shall cooperate with the Panel 

7 to ensure that information requested by the 

8 Panel under this paragraph is promptly pro9 vided to the maximum extent practical. 

10 ‘‘(B) Upon the request of the co-chairs, the 

11 Secretary of Defense shall make available to the 

12 Panel the services of any federally funded re13 search and development center that is covered 

14 by a sponsoring agreement of the Department 

15 of Defense. 

16 ‘‘(C) The Panel shall have the authorities 

17 provided in section 3161 of title 5 and shall be 

18 subject to the conditions set forth in such sec19 tion. 

20 ‘‘(D) Funds for activities of the Panel shall 

21 be provided from amounts available to the De22 partment of Defense. 

23 ‘‘(10) TERMINATION.—The Panel for a quad24 rennial defense review shall terminate 45 days after 

25 the date on which the Panel submits its final report 


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1 on the quadrennial defense review under paragraph 

2 (7).’’. 

3 SEC. 1072. SALE OF SURPLUS MILITARY EQUIPMENT TO 

4 STATE AND LOCAL HOMELAND SECURITY 

5 AND EMERGENCY MANAGEMENT AGENCIES. 

6 (a) STATE AND LOCAL AGENCIES TO WHICH SALES

7 MAY BE MADE.—Section 2576 of title 10, United States 

8 Code, is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘State and local law en11 forcement and firefighting agencies’’ and insert12 ing ‘‘State and local law enforcement, fire13 fighting, homeland security, and emergency 

14 management agencies’’; and 

15 (B) by striking ‘‘in carrying out law en16 forcement and firefighting activities’’ and in17 serting ‘‘in carrying out law enforcement, fire18 fighting, homeland security, and emergency 

19 management activities’’; and 

20 (2) in subsection (b), by striking ‘‘State or local 

21 law enforcement or firefighting agency’’ both places 

22 it appears and inserting ‘‘State or local law enforce23 ment, firefighting, homeland security, or emergency 

24 management agency’’. 


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1 (b) TYPES OF EQUIPMENT THAT MAY BE SOLD.— 

2 Subsection (a) of such section is further amended by strik3 ing ‘‘and protective body armor’’ and inserting ‘‘personal 

4 protective equipment, and other appropriate equipment’’. 

5 (c) CLERICAL AMENDMENTS.— 

6 (1) SECTION HEADING.—The heading of such 

7 section is amended to read as follows: 

8 ‘‘§ 2576. Surplus military equipment: sale to State and 

9 local law enforcement, firefighting, home10 land security, and emergency manage11 ment agencies’’. 

12 (2) TABLE OF SECTIONS.—The item relating to 

13 section 2576 in the table of sections at the beginning 

14 of chapter 153 of such title is amended to read as 

15 follows: 

‘‘2576. Surplus military equipment: sale to State and local law enforcement, 

firefighting, homeland security, and emergency management 

agencies.’’. 

16 SEC. 1073. DEFENSE RESEARCH AND DEVELOPMENT RAPID 

17 INNOVATION PROGRAM. 

18 (a) PROGRAM ESTABLISHED.—The Secretary of De19 fense shall establish a competitive, merit-based program 

20 to accelerate the fielding of technologies developed pursu21 ant to phase II Small Business Innovation Research Pro22 gram projects, technologies developed by the defense lab23 oratories, and other innovative technologies (including 

24 dual use technologies). The purpose of this program is to 


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1 stimulate innovative technologies and reduce acquisition or 

2 lifecycle costs, address technical risks, improve the timeli3 ness and thoroughness of test and evaluation outcomes, 

4 and rapidly insert such products directly in support of pri5 marily major defense acquisition programs, but also other 

6 defense acquisition programs that meet critical national 

7 security needs. 

8 (b) GUIDELINES.—Not later than 180 days after the 

9 date of the enactment of this Act, the Secretary shall issue 

10 guidelines for the operation of the program. At a minimum 

11 such guidance shall provide for the following: 

12 (1) The issuance of an annual broad agency an13 nouncement or the use of any other competitive or 

14 merit-based processes by the Department of Defense 

15 and by each military department for candidate pro16 posals in direct support of primarily major defense 

17 acquisition programs, but also other defense acquisi18 tion programs as described in subsection (a). 

19 (2) The review of candidate proposals by the 

20 Department of Defense and by each military depart21 ment and the merit-based selection of the most 

22 promising cost-effective proposals for funding 

23 through contracts, cooperative agreements, and 

24 other transactions for the purposes of carrying out 

25 the program. 


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1 (3) The total amount of funding provided to 

2 any project under the program shall not exceed 

3 $3,000,000, unless the Secretary, or the Secretary’s 

4 designee, approves a larger amount of funding for 

5 the project. Any such approval shall be made on a 

6 case-by-case basis and notice of any such approval 

7 shall be submitted to the congressional defense com8 mittees by not later than 30 days after such ap9 proval is made. 

10 (4) No project shall be funded under the pro11 gram for more than two years, unless the Secretary, 

12 or the Secretary’s designee, approves funding for 

13 any additional year. Any such approval shall be 

14 made on a case-by-case basis and notice of any such 

15 approval shall be submitted to the congressional de16 fense committees by not later than 30 days after 

17 such approval is made. 

18 (c) TREATMENT PURSUANT TO CERTAIN CONGRES19 SIONAL RULES.—Nothing in this section shall be inter20 preted to require or enable any official of the Department 

21 of Defense to provide funding under this section to any 

22 earmark as defined pursuant to House Rule XXI, clause 

23 9, or any congressionally directed spending item as defined 

24 pursuant to Senate Rule XLIV, paragraph 5. 


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1 (d) FUNDING.—Subject to the availability of appro2 priations for such purpose, the amounts authorized to be 

3 appropriated for research, development, test, and evalua4 tion for each of fiscal years 2011 through 2015 may be 

5 used for any such fiscal year for the program established 

6 under subsection (a). 

7 (e) TRANSFER AUTHORITY.—The Secretary may 

8 transfer funds available for the program to the research, 

9 development, test, and evaluation accounts of a military 

10 department, defense agency, or the unified combatant 

11 command for special operations forces pursuant to a pro12 posal, or any part of a proposal, that the Secretary deter13 mines would directly support the purposes of the program. 

14 The transfer authority provided in this subsection is in 

15 addition to any other transfer authority available to the 

16 Department of Defense. 

17 (f) REPORT.—Not later than 60 days after the last 

18 day of a fiscal year during which the Secretary carries out 

19 a program under this section, the Secretary shall submit 

20 to the congressional defense committees a report that in21 cludes a list and description of each project funded under 

22 this section, including, for each such project, the amount 

23 of funding provided for the project, the defense acquisition 

24 program that the project supports, including the extent 

25 to which the project meets needs identified in its acquisiVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 tion plan, the anticipated timeline for transition for the 

2 project, and the degree to which a competitive, merit3 based process was used to evaluate and select the per4 formers of the projects selected under this program. 

5 (g) TERMINATION.—The authority to carry out a 

6 program under this section shall terminate on September 

7 30, 2015. Any amounts made available for the program 

8 that remain available for obligation on the date the pro9 gram terminates may be transferred under subsection (e) 

10 during the 180-day period beginning on the date of the 

11 termination of the program. 

12 SEC. 1074. AUTHORITY TO MAKE EXCESS NONLETHAL SUP13 PLIES AVAILABLE FOR DOMESTIC EMER14 GENCY ASSISTANCE. 

15 (a) DOMESTIC AUTHORITY.—Section 2557 of title 

16 10, United States Code, is amended— 

17 (1) in subsection (a)(1), by adding at the end 

18 the following new sentence: ‘‘In addition, the Sec19 retary may make nonlethal excess supplies of the 

20 Department available to support domestic emergency 

21 assistance activities.’’; and 

22 (2) in subsection (b)— 

23 (A) by inserting ‘‘(1)’’ before ‘‘Excess’’; 

24 and 


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1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) Excess supplies made available under this sec4 tion to support domestic emergency assistance activities 

5 shall be transferred to the Secretary of Homeland Secu6 rity. The Secretary of Defense may provide assistance in 

7 the distribution of such supplies at the request of the Sec8 retary of Homeland Security.’’. 

9 (b) CLERICAL AMENDMENTS.— 

10 (1) SECTION HEADING.—The heading of such 

11 section is amended to read as follows: 

12 ‘‘§ 2557. Excess nonlethal supplies: availability for hu13 manitarian relief, domestic emergency 

14 assistance, and homeless veterans assist15 ance’’. 

16 (2) TABLE OF SECTIONS.—The item relating to 

17 such section in the table of sections at the beginning 

18 of chapter 152 of such title is amended to read as 

19 follows: 

‘‘2557. Excess nonlethal supplies: availability for humanitarian relief, domestic 

emergency assistance, and homeless veterans assistance.’’. 

20 SEC. 1075. TECHNICAL AND CLERICAL AMENDMENTS. 

21 (a) TITLE 5, UNITED STATES CODE.—Title 5, 

22 United States Code, is amended as follows: 

23 (1) Section 8344(l)(2)(B), as added by section 

24 1122(a) of the National Defense Authorization Act 


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

2 2505), is amended by striking ‘‘5201 et seq.’’ and 

3 inserting ‘‘5211 et seq.’’. 

4 (2) Section 9902(a)(2), as added by section 

5 1113(d) of the National Defense Authorization Act 

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

7 2499), is amended by striking ‘‘chapters’’ both 

8 places it appears and inserting ‘‘chapter’’. 

9 (b) TITLE 10, UNITED STATES CODE.—Title 10, 

10 United States Code, is amended as follows: 

11 (1) The tables of chapters at the beginning of 

12 subtitle A and at the beginning of part II of such 

13 subtitle are amended by striking ‘‘1031’’ in the item 

14 relating to chapter 53 and inserting ‘‘1030’’. 

15 (2) Section 127a is amended— 

16 (A) in subsection (a)(1)(A), by striking 

17 ‘‘Armed Forces’’ and inserting ‘‘armed forces’’; 

18 and 

19 (B) in subsection (b)(1) by striking 

20 ‘‘Armed Forces’’ both places it appears and in21 serting ‘‘armed forces’’. 

22 (3) Section 127d(d)(1) is amended by striking 

23 ‘‘Committee on International Relations’’ and insert24 ing ‘‘Committee on Foreign Affairs’’. 

25 (4) Section 132 is amended— 


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1 (A) by redesignating subsection (d), as 

2 added by section 2831(a) of the National De3 fense Authorization Act for Fiscal Year 2010 

4 (Public Law 111–84; 123 Stat. 2669), as sub5 section (e); and 

6 (B) in such subsection, by striking ‘‘Guam 

7 Executive Council’’ and inserting ‘‘Guam Over8 sight Council’’. 

9 (5) Section 139c(d)(4) is amended by adding at 

10 period at the end. 

11 (6) Section 139d(a)(6) is amended by striking 

12 ‘‘propriety’’ and inserting ‘‘proprietary’’. 

13 (7) Section 172 is amended— 

14 (A) by striking ‘‘(a)’’ before ‘‘The Secre15 taries’’; and 

16 (B) by striking subsection (b). 

17 (8) Section 181(b)(3) is amended by striking 

18 ‘‘Performance Evaluation’’ and inserting ‘‘Program 

19 Evaluation’’. 

20 (9) Section 186 is amended by redesignating 

21 the second subsection (c) (relating to definitions) as 

22 subsection (d). 

23 (10)(A) Section 382 is amended by striking 

24 ‘‘section 175 or 2332c’’ in subsections (a), (b)(2)(C), 


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1 and (d)(2)(A)(ii) and inserting ‘‘section 175, 229, or 

2 2332a’’. 

3 (B) The heading of such section is amended by 

4 striking ‘‘chemical or biological’’. 

5 (C) The table of sections at the beginning of 

6 chapter 18 is amended by striking the item relating 

7 to section 382 and inserting the following new item: 

‘‘382. Emergency situations involving weapons of mass destruction.’’. 

8 (11) Section 428(f) is amended by striking ‘‘, 

9 United States Code,’’. 

10 (12) Section 525 is amended— 

11 (A) in subsection (d), by striking ‘‘section 

12 601(b)(4)’’ and inserting ‘‘section 601(b)(5)’’; 

13 and 

14 (B) in subsection (g)(1)— 

15 (i) by striking ‘‘and is not’’ and in16 serting ‘‘and are not’’; and 

17 (ii) by adding at period at the end. 

18 (13) Section 841(c) is amended by striking 

19 ‘‘trail counsel’’ and inserting ‘‘trial counsel’’. 

20 (14) Section 843(b)(2)(B)(v) is amended by 

21 striking ‘‘Kidnaping; indecent assault;’’ and insert22 ing ‘‘Kidnaping, indecent assault,’’. 

23 (15) Section 1030(e)(1) is amended by striking 

24 ‘‘3 years,’’ and inserting ‘‘three years.’’. 

25 (16) Section 1146 is amended— 


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1 (A) in subsection (a), by striking ‘‘(a) 

2 BENEFITS FOR MEMBERS INVOLUNTARILY

3 SEPARATED.—’’, as added by section 5(1) of 

4 Public Law 110–317 (122 Stat. 3528); 

5 (B) by redesignating the second subsection 

6 (b) as subsection (c); and 

7 (C) in subsection (c), as so redesignated— 

8 (i) by striking ‘‘BENEFITS FOR’’ in 

9 the subsection heading; 

10 (ii) by striking ‘‘Armed Forces’’ in the 

11 matter preceding paragraph (1) and insert12 ing ‘‘armed forces’’; and 

13 (iii) by striking ‘‘the members entitle14 ment’’ in paragraph (2) and inserting ‘‘the 

15 member’s entitlement’’. 

16 (17) Section 1174(i) is amended by striking 

17 ‘‘Armed Forces’’ each place it appears and inserting 

18 ‘‘armed forces’’. 

19 (18) Section 1175a(j)(3) is amended by striking 

20 ‘‘title 10’’ and inserting ‘‘this title’’. 

21 (19) Section 1203(b)(4)(B) is amended by 

22 striking ‘‘determination,,’’ and inserting ‘‘determina23 tion,’’. 


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1 (20) Section 1482a(c)(3) is amended by strik2 ing ‘‘section 1482(a)(11)’’ and inserting ‘‘section 

3 1482(e)(5)(A)’’. 

4 (21) Section 1566a(a)(1) is amended by insert5 ing a close parenthesis before the period at the end. 

6 (22) Section 1599c(a)(2)(B) is amended by 

7 striking ‘‘subchapter 1’’ and inserting ‘‘subchapter 

8 I’’. 

9 (23) Section 1781b(d) is amended by striking 

10 ‘‘March 1, 2008, and each year thereafter’’ and in11 serting ‘‘March 1 each year’’. 

12 (24) Section 1781c(h)(1) is amended by strik13 ing ‘‘180 days after the date of the enactment of the 

14 National Defense Authorization Act for Fiscal Year 

15 2010, and annually thereafter’’ and inserting ‘‘April 

16 30 each year’’. 

17 (25) Section 1788(b) is amended by striking 

18 ‘‘Armed Forces’’ and inserting ‘‘armed forces’’. 

19 (26) Section 2004b(b)(1) is amended by strik20 ing ‘‘pay grade 0–3’’ and inserting ‘‘pay grade O– 

21 3’’. 

22 (27) The table of sections at the beginning of 

23 chapter 104 is amended by transferring the item re24 lating to section 2113a to appear after the item re25 lating to section 2113. 


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1 (28) Section 2130a(b)(1) is amended by strik2 ing ‘‘Training Program’’ both places it appears and 

3 inserting ‘‘Training Corps program’’. 

4 (29) Section 2222(a) is amended by striking 

5 ‘‘Effective October 1, 2005, funds’’ and inserting 

6 ‘‘Funds’’. 

7 (30) The table of sections at the beginning of 

8 subchapter I of chapter 134, as amended by section 

9 1031(a)(2) of the National Defense Authorization 

10 Act for Fiscal Year 2010 (Public Law 111–84; 123 

11 Stat. 2448), is amended by transferring the item re12 lating to section 2241a from the end of the table of 

13 sections to appear after the item relating to section 

14 2241. 

15 (31) Section 2323(a)(1)(D) is amended by in16 serting a close parenthesis before the semicolon. 

17 (32) Section 2362(e)(1) is amended by striking 

18 ‘‘IV’’ and inserting ‘‘V’’. 

19 (33) Section 2366a(c) is amended— 

20 (A) by inserting a space between ‘‘(c)’’ and 

21 the subsection heading; and 

22 (B) in paragraph (4), by striking ‘‘section 

23 125a(a) of this title’’ and inserting ‘‘section 

24 118b(c)(3) of this title’’. 


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1 (34) Section 2433(a)(1) is amended by striking 

2 ‘‘section 2430a(c)’’ and inserting ‘‘section 

3 2430a(d)’’. 

4 (35) Section 2433a(b)(2)(B) is amended by 

5 striking ‘‘section 181(g)((1)’’ and inserting ‘‘section 

6 181(g)(1)’’. 

7 (36) Section 2476(d)(2)(D) is amended by 

8 striking ‘‘Navy Depots’’ and inserting ‘‘Navy de9 pots’’. 

10 (37) Section 2488(f) is amended by striking 

11 ‘‘Armed Forces’’ both places it appears and insert12 ing ‘‘armed forces’’. 

13 (38) Section 2533a(d) is amended in para14 graphs (1) and (4) by striking ‘‘(b)(1)(A), (b)(2), or 

15 (b)(3)’’ and inserting ‘‘(b)(1)(A) or (b)(2)’’. 

16 (39) Section 2603 is amended by striking 

17 ‘‘Armed Forces’’ both places it appears and insert18 ing ‘‘armed forces’’. 

19 (40) Section 2642(a)(3) is amended by striking 

20 ‘‘During the five-year period beginning on the date 

21 of the enactment of the National Defense Authoriza22 tion Act for Fiscal Year 2010’’ and inserting ‘‘Dur23 ing the period beginning on October 28, 2009, and 

24 ending on October 28, 2014’’. 

25 (41) Section 2667(e) is amended— 


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1 (A) in paragraph (1)(A)(ii), by striking 

2 ‘‘sections 2668 and 2669’’ and inserting ‘‘sec3 tion 2668’’; and 

4 (B) in paragraph (5), by striking ‘‘sub5 section (f)’’ and inserting ‘‘subsection (g)’’. 

6 (42) Section 2671(a)(2) is amended by striking 

7 ‘‘Armed Forces’’ and inserting ‘‘armed forces’’. 

8 (43) Section 2684a(g)(1) is amended by strik9 ing ‘‘March 1, 2007, and annually thereafter’’ and 

10 inserting ‘‘March 1 each year’’. 

11 (44) Section 2687a(a) is amended by striking 

12 ‘‘31for’’ and inserting ‘‘31 for’’. 

13 (45) Section 2694c(d)(4) is amended by insert14 ing ‘‘Authorization’’ after ‘‘Military Construction’’. 

15 (46) Chapter 160 is amended— 

16 (A) in section 2700(2), by inserting ‘‘ ‘pol17 lutant or contaminant’,’’ after ‘‘ ‘person’,’’; and 

18 (B) in section 2701(b)(1), by striking 

19 ‘‘hazardous substances, pollutants, and con20 taminants’’ and inserting ‘‘a hazardous sub21 stance or pollutant or contaminant’’. 

22 (47) The table of subchapters at the beginning 

23 of chapter 173 is amended by inserting ‘‘Sec.’’ above 

24 ‘‘2911’’. 


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1 (48) Section 2922d is amended by striking ‘‘1 

2 or more’’ each place it appears and inserting ‘‘one 

3 or more’’. 

4 (49) Section 7042(a)(1)(A) is amended by 

5 striking the comma after ‘‘captain’’. 

6 (50) Section 9515 is amended— 

7 (A) in subsection (b), by striking ‘‘Section 

8 1356 of the National Defense Authorization Act 

9 for 2008’’ and inserting ‘‘section 1356 of the 

10 National Defense Authorization Act for Fiscal 

11 Year 2008’’; 

12 (B) in subsection (f)(2), by striking ‘‘para13 graph (2)’’ and inserting ‘‘paragraph (1)’’; and 

14 (C) in subsection (j)(1), by striking 

15 ‘‘United States Code,’’. 

16 (51) Section 10214 is amended by striking 

17 ‘‘14508(e)’’ and inserting ‘‘14508(h)’’. 

18 (52) Section 10216 is amended by striking 

19 ‘‘section 115(c)’’ in subsections (b)(1), (c)(1), and 

20 (c)(2)(A) and inserting ‘‘section 115(d)’’. 

21 (53) Section 10217(c)(1) is amended— 

22 (A) by striking ‘‘Effective October 1, 2007, 

23 the’’ and inserting ‘‘The’’; and 

24 (B) by striking ‘‘after the preceding sen25 tence takes effect’’. 


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1 (54) Section 12203(a) is amended by striking 

2 ‘‘above’’ in the first sentence and inserting ‘‘of’’. 

3 (55) Section 16132a is amended— 

4 (A) in subsection (b)(1), by striking 

5 ‘‘agreement to service’’ and inserting ‘‘agree6 ment to serve’’; and 

7 (B) in subsection (i)(2), by striking 

8 ‘‘whose’’. 

9 (56) Section 16163a(b)(2) is amended by strik10 ing ‘‘section (j)’’ and inserting ‘‘subsection (j)’’. 

11 (c) TITLE 37.—Title 37, United States Code, is 

12 amended as follows: 

13 (1) Section 303a(e)(3)(B) is amended by insert14 ing ‘‘of’’ after ‘‘result’’. 

15 (2) The table of sections at the beginning of 

16 chapter 5 is amended by striking the item related to 

17 section 312 and inserting the following new item: 

‘‘312. Special pay: nuclear-qualified officers extending period of active service.’’. 

18 (3) The table of sections at the beginning of 

19 chapter 7 is amended— 

20 (A) by striking the item related to section 

21 438 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 


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1 (B) by striking the item related to section 

2 438 and inserting the following new item: 

‘‘438. Preventive health services allowance.’’. 

3 (4) Section 411k(d)(1) is amended by striking 

4 ‘‘allowances section’’ and inserting ‘‘allowances 

5 under section’’. 

6 (d) NATIONAL DEFENSE AUTHORIZATION ACT FOR

7 FISCAL YEAR 2010.—Effective as of October 28, 2009, 

8 and as if included therein as enacted, the National De9 fense Authorization Act for Fiscal Year 2010 (Public Law 

10 111–84) is amended as follows: 

11 (1) Section 325(d)(4) (123 Stat. 2254) is 

12 amended by striking ‘‘section 236’’ and inserting 

13 ‘‘section 235’’. 

14 (2) Section 502(c)(3) (123 Stat. 2274) is 

15 amended by striking ‘‘officers’’ and inserting ‘‘gen16 eral officers and flag officers’’. 

17 (3) Section 581(a)(1)(C) (123 Stat. 2326) is 

18 amended by striking ‘‘subsection (f)’’ and inserting 

19 ‘‘subsection (g), as redesignated by section 

20 582(b)(1)’’. 

21 (4) Section 584(a) (123 Stat. 2330) is amended 

22 by striking ‘‘such Act’’ and inserting ‘‘the Uni23 formed and Overseas Citizens Absentee Voting Act’’. 


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1 (5) Section 585(b)(1) (123 Stat. 2331) is 

2 amended by striking subparagraphs (A) and (B), 

3 and inserting the following new subparagraphs: 

4 ‘‘(A) in paragraph (2), by striking ‘section 

5 102(4)’ and inserting ‘section 102(a)(4)’; and 

6 ‘‘(B) by striking paragraph (4) and insert7 ing the following new paragraph: 

8 ‘‘ ‘(4) prescribe a suggested design for absentee 

9 ballot mailing envelopes;’; and’’. 

10 (6) Section 589 (123 Stat. 2334; 42 U.S.C. 

11 1973ff–7) is amended— 

12 (A) in subsection (a)(1)— 

13 (i) by striking ‘‘section 107(a)’’ and 

14 inserting ‘‘section 107(1)’’; and 

15 (ii) by striking ‘‘1973ff et seq.’’ and 

16 inserting ‘‘1973ff–6(1)’’; and 

17 (B) in subsection (e)(1), by striking 

18 ‘‘1977ff note’’ and inserting ‘‘1973ff note’’. 

19 (7) The undesignated section immediately fol20 lowing section 603 (123 Stat. 2350) is designated as 

21 section 604. 

22 (8) Section 714(c) (123 Stat. 2382; 10 U.S.C. 

23 1071 note) is amended— 

24 (A) by striking ‘‘feasability’’ both places it 

25 appears and inserting ‘‘feasibility’’; and 


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1 (B) by striking ‘‘specialities’’ both places it 

2 appears and inserting ‘‘specialties’’. 

3 (9) Section 813(a)(3) (123 Stat. 2407) is 

4 amended by inserting ‘‘order’’ after ‘‘task’’ in the 

5 matter to be struck. 

6 (10) Section 921(b)(2) (123 Stat. 2432) is 

7 amended by inserting ‘‘subchapter I of’’ before 

8 ‘‘chapter 21’’. 

9 (11) Section 1014(c) (123 Stat. 2442) is 

10 amended by striking ‘‘in which the support’’ and in11 serting ‘‘in which support’’. 

12 (12) Section 1043(d) (123 Stat. 2457; 10 

13 U.S.C. 2353 note) is amended by striking ‘‘et 13 

14 seq.’’ and inserting ‘‘et seq.’’. 

15 (13) Section 1055(f) (123 Stat. 2462) is 

16 amended by striking ‘‘Combating’’ and inserting 

17 ‘‘Combatting’’. 

18 (14) Section 1063(d)(2) (123 Stat. 2470) is 

19 amended by striking ‘‘For purposes of this section, 

20 the’’ and inserting ‘‘The’’. 

21 (15) Section 1080(b) (123 Stat. 2479; 10 

22 U.S.C. 801 note) is amended— 

23 (A) by striking ‘‘title 14’’ and inserting 

24 ‘‘title XIV’’; 


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1 (B) by striking ‘‘title 10’’ and inserting 

2 ‘‘title X’’; and 

3 (C) by striking ‘‘the Military Commissions 

4 Act of 2006 (10 U.S.C. 948 et seq.; Public Law 

5 109–366)’’ and inserting ‘‘chapter 47A of title 

6 10, United States Code’’. 

7 (16) Section 1111(b) (123 Stat. 2495; 10 

8 U.S.C. 1580 note prec.) is amended by striking ‘‘the 

9 Secretary’’ in the first sentence and inserting ‘‘the 

10 Secretary of Defense’’. 

11 (17) Section 1113(g)(1) (123 Stat. 2502; 5 

12 U.S.C. 9902 note) is amended by inserting ‘‘United 

13 States Code,’’ after ‘‘title 5,’’ the first place it ap14 pears. 

15 (18) Section 1202(c) (123 Stat. 2512) is 

16 amended— 

17 (A) by striking ‘‘1208(f) of the Ronald W. 

18 Reagan National Defense Authorization Act for 

19 Fiscal Year 2005 (Public Law 108–375; 118 

20 Stat. 2086) is amended in the second sentence’’ 

21 and inserting ‘‘1208(f)(2) of the Ronald W. 

22 Reagan National Defense Authorization Act for 

23 Fiscal Year 2005 (Public Law 108–375; 118 

24 Stat. 2086), as amended by section 1202(a) of 

25 the National Defense Authorization Act for FisVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 cal Year 2008 (Public Law 110–181; 122 Stat. 

2 363), is further amended’’; and 

3 (B) by redesignating paragraphs (1) 

4 through (8), as proposed to be inserted, as sub5 paragraphs (A) through (H), respectively and 

6 indenting the left margin of such subpara7 graphs, as so redesignated, 4 ems from the left 

8 margin. 

9 (19) Section 1261 (123 Stat. 2553; 22 U.S.C. 

10 6201 note) is amended by inserting a space between 

11 the first short title and ‘‘or’’. 

12 (20) Section 1306(b) (123 Stat. 2560) is 

13 amended by striking ‘‘fiscal year’’ and inserting 

14 ‘‘Fiscal Year’’. 

15 (21) Subsection (b) of section 1803 (123 Stat. 

16 2612) is amended to read as follows: 

17 ‘‘(b) APPELLATE REVIEW UNDER DETAINEE TREAT18 MENT ACT OF 2005.— 

19 ‘‘(1) DEPARTMENT OF DEFENSE, EMERGENCY

20 SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HUR21 RICANES IN THE GULF OF MEXICO, AND PANDEMIC

22 INFLUENZA ACT, 2006.—Section 1005(e) of the De23 tainee Treatment Act of 2005 (title X of Public Law 

24 109–148; 10 U.S.C. 801 note) is amended by strik25 ing paragraph (3). 


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1 ‘‘(2) NATIONAL DEFENSE AUTHORIZATION ACT

2 FOR FISCAL YEAR 2006.—Section 1405(e) of the De3 tainee Treatment Act of 2005 (Public Law 109–163; 

4 10 U.S.C. 801 note) is amended by striking para5 graph (3).’’. 

6 (22) Section 1916(b)(1)(B) (123 Stat. 2624) is 

7 amended by striking the comma after ‘‘5941’’. 

8 (23) Section 2804(d)(2) (123 Stat. 2662) is 

9 amended by inserting ‘‘subchapter III of’’ before 

10 ‘‘chapter 169’’. 

11 (24) Section 2835(f)(1) (123 Stat. 2677) is 

12 amended by striking ‘‘publically-available’’ and in13 serting ‘‘publicly available’’. 

14 (25) Section 3503(b)(1) (123 Stat. 2719) is 

15 amended by striking the extra quotation marks. 

16 (26) Section 3508(1) (123 Stat. 2721) is 

17 amended by striking ‘‘headline’’ and inserting 

18 ‘‘heading’’. 

19 (e) DUNCAN HUNTER NATIONAL DEFENSE AUTHOR20 IZATION ACT FOR FISCAL YEAR 2009.—The Duncan 

21 Hunter National Defense Authorization Act for Fiscal 

22 Year 2009 (Public Law 110–417) is amended as follows: 

23 (1) Section 143(b)(1) (122 Stat. 4381; 10 

24 U.S.C. 2304 note) is amended by striking ‘‘identi25 fies’’ and inserting ‘‘identify’’. 


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1 (2) Section 231(b) (122 Stat. 4391; 10 U.S.C. 

2 2431 note) is amended by striking ‘‘section’’ and in3 serting ‘‘subsection’’. 

4 (3) Section 233(a)(3) (122 Stat. 4393) is 

5 amended by striking ‘‘122 Stat. 42’’ and inserting 

6 ‘‘122 Stat. 43’’. 

7 (4) Section 324(b) (122 Stat. 4416; 10 U.S.C. 

8 8062 note) is amended by striking ‘‘their’’ and in9 serting ‘‘its’’. 

10 (5) Section 332(e) (122 Stat. 4420; 10 U.S.C. 

11 2911 note) is amended by striking ‘‘section (d)’’ and 

12 inserting ‘‘subsection (d)’’. 

13 (6) Section 358(b) (122 Stat. 4427; 10 U.S.C. 

14 2302 note) is amended by inserting a comma after 

15 ‘‘Agent’’. 

16 (7) Section 596(b)(1)(D) (10 U.S.C. 1071 

17 note), as amended by section 594 of the National 

18 Defense Authorization Act for Fiscal Year 2010 

19 (Public Law 111–84; 123 Stat. 2338), is amended 

20 by striking ‘‘or flag’’ the second place it appears. 

21 (8) Section 597(f) (122 Stat. 4481) is amended 

22 by striking ‘‘meeting’’ and inserting ‘‘meanings’’. 

23 (9) Section 604(b) (122 Stat. 4483) is amended 

24 by inserting ‘‘of’’ after ‘‘(a)(1)’’. 


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1 (10) Section 619(d) (122 Stat. 4489; 37 U.S.C. 

2 353 note) is amended by striking ‘‘such subsections’’ 

3 and inserting ‘‘such subsection’’. 

4 (11) Section 711(d)(2) (122 Stat. 4501) is 

5 amended by striking ‘‘1111((b)’’ and inserting 

6 ‘‘1111(b)(3)’’. 

7 (12) Effective as of October 14, 2008, and as 

8 if included in Public Law 110–417 as enacted, sec9 tion 727(b)(2) is amended by striking ‘‘compelling’’. 

10 (13) Section 822(c)(1)(A) (122 Stat. 4532) is 

11 amended by striking ‘‘this title’’ and inserting ‘‘title 

12 10, United States Code’’. 

13 (14) Section 863(b)(3)(A) (122 Stat. 4547) is 

14 amended by striking ‘‘subsection (d)(2)(A)’’ and in15 serting ‘‘subsection (d)(3)(A)’’. 

16 (15) Section 869 (122 Stat. 4553) is amend17 ed— 

18 (A) in subsection (b), by striking ‘‘433(a)’’ 

19 and inserting ‘‘433a(a)’’; and 

20 (B) in subsection (c)(4)— 

21 (i) by striking ‘‘37(j)’’ and inserting 

22 ‘‘37(g)’’; and 

23 (ii) by striking ‘‘433(j)’’ and inserting 

24 ‘‘433(g)’’. 


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1 (16) Section 873(a)(4) (122 Stat. 4558; 10 

2 U.S.C. 6101 note) is amended by striking ‘‘to Gov3 ernment’’ and inserting ‘‘to the Government’’. 

4 (17) Section 1111 (10 U.S.C. 143 note), as 

5 amended by section 1109 of the National Defense 

6 Authorization Act for Fiscal Year 2010 (Public Law 

7 111–84; 123 Stat. 2492), is amended— 

8 (A) in subsection (a)(1), by striking ‘‘sec9 tion 821’’ and inserting ‘‘section 833’’; and 

10 (B) in subsection (b)— 

11 (i) in the matter preceding paragraph 

12 (1), by striking ‘‘secretary of a military de13 partment’’ and inserting ‘‘Secretary of a 

14 military department’’; 

15 (ii) in paragraph (1)— 

16 (I) by striking ‘‘the the require17 ments’’ and inserting ‘‘the require18 ments’’; and 

19 (II) by striking ‘‘this title’’ and 

20 inserting ‘‘such title’’; and 

21 (iii) in paragraph (2), by striking 

22 ‘‘any any of the following’’ and inserting 

23 ‘‘any of the following’’. 


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1 (18) Section 1602(5) (122 Stat. 4653; 22 

2 U.S.C. 2368 note) is amended by striking ‘‘a Ac3 tive’’ and inserting ‘‘an Active’’. 

4 (19) Section 3113 (122 Stat. 4754; 50 U.S.C. 

5 2444) is amended— 

6 (A) in subsection (b)(2), by inserting a 

7 close parenthesis before the semicolon; and 

8 (B) in subsection (d)(2), by striking ‘‘fails 

9 repay’’ and inserting ‘‘fails to repay’’. 

10 (20) Section 3512 (122 Stat. 4770; 48 U.S.C. 

11 1421r) is amended by inserting a period at the end 

12 of subsection (f). 

13 (f) NATIONAL DEFENSE AUTHORIZATION ACT FOR

14 FISCAL YEAR 2008.—The National Defense Authoriza15 tion Act for Fiscal Year 2008 (Public Law 110–181) is 

16 amended as follows: 

17 (1) Section 624 (122 Stat. 153; 37 U.S.C. 307a 

18 note) is amended— 

19 (A) in subsection (a), by striking ‘‘Oper20 ating’’ and inserting ‘‘Operation’’; and 

21 (B) in subsection (b), by striking ‘‘Oper22 ating’’ and inserting ‘‘Operation’’. 

23 (2) Effective as of January 28, 2008, and as if 

24 included in Public Law 110–181 as enacted, section 

25 804 (122 Stat. 208) is amended— 


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1 (A) in subsection (a)(3), by striking ‘‘spe2 ciality’’ and inserting ‘‘specialty’’; and 

3 (B) in subsection (e), by striking ‘‘sub4 section (c)’’ and inserting ‘‘subsection (d)(1)’’. 

5 (3) Section 808 (122 Stat. 215; 10 U.S.C. 

6 2330 note) is amended by redesignating the second 

7 subsection (c) as subsection (d). 

8 (4) Section 827(a)(2) (122 Stat. 228; 10 

9 U.S.C. 2410n note) is amended by striking ‘‘sub10 section (a)’’ and inserting ‘‘paragraph (1)’’. 

11 (5) Section 843 (122 Stat. 236) is amended— 

12 (A) in subsection (a)(2)(C), by striking 

13 ‘‘paragraph (1)’’ and inserting ‘‘subparagraph 

14 (A)’’; and 

15 (B) in subsection (b)(2)(C), by striking 

16 ‘‘paragraph (1)’’ and inserting ‘‘subparagraph 

17 (A)’’. 

18 (6) Section 890 (122 Stat. 269; 10 U.S.C. 

19 2302 note) is amended— 

20 (A) in subsection (a), by inserting ‘‘Act’’ 

21 before ‘‘of 1979’’; 

22 (B) in subsection (b), by inserting ‘‘Act’’ 

23 before ‘‘of 1979’’; and 

24 (C) in subsection (d)(1), by striking ‘‘sec25 tions’’ and inserting ‘‘parts’’. 


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1 (7) Section 1063(a)(16) (122 Stat. 322) is 

2 amended by striking ‘‘(1)’’. 

3 (8) Effective as of January 28, 2008, and as if 

4 included in Public Law 110–181 as enacted, section 

5 1075(a) (122 Stat. 333) is amended by striking 

6 ‘‘June’’ and inserting ‘‘September’’. 

7 (9) Section 1243(c) (122 Stat. 396) is amended 

8 by striking ‘‘4))’’ and inserting ‘‘4)))’’. 

9 (10) Section 1244(a)(3) (122 Stat. 396) is 

10 amended by striking ‘‘4))’’ and inserting ‘‘4)))’’. 

11 (g) JOHN WARNER NATIONAL DEFENSE AUTHOR12 IZATION ACT FOR FISCAL YEAR 2007.—Effective as of 

13 October 17, 2006, and as if included therein as enacted, 

14 the John Warner National Defense Authorization Act for 

15 Fiscal Year 2007 (Public Law 109–364) is amended as 

16 follows: 

17 (1) Section 321(a)(1) (120 Stat. 2144; 10 

18 U.S.C. 2222 note) is amended by striking ‘‘Public 

19 Law 190–163’’ and inserting ‘‘Public Law 109– 

20 163’’. 

21 (2) Section 348(2) (120 Stat. 2159) is amended 

22 in the matter to be struck from and inserted in sec23 tion 366(d) of the Bob Stump National Defense Au24 thorization Act for Fiscal Year 2003 (Public Law 


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1 107–314; 116 Stat. 2523) by striking ‘‘within’’ both 

2 places it appears and inserting ‘‘Within’’. 

3 (3) Section 355(b)(1) (120 Stat. 2162) is 

4 amended in the matter to be struck from section 

5 344 of the National Defense Authorization Act for 

6 Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 

7 note prec. 1030) by striking ‘‘Operation Iraqi Free8 dom and Operation Enduring Freedom’’ and insert9 ing ‘‘Operation Enduring Freedom and Operation 

10 Iraqi Freedom’’. 

11 (4) Section 511(b)(3) (120 Stat. 2183) is 

12 amended in the matter preceding subparagraph (A) 

13 by striking ‘‘section’’ and inserting ‘‘title’’. 

14 (5) Section 705(b)(2) (120 Stat. 2281; 10 

15 U.S.C. 1074g note) is amended by striking ‘‘section 

16 1074g(a)(2)(E)’’ and inserting ‘‘section 

17 1074g(a)(2)’’. 

18 (6) Section 2821(b)(1) (120 Stat. 2474) is 

19 amended by inserting ‘‘by striking’’ after ‘‘sub20 section (a)(1),’’. 

21 (h) NATIONAL DEFENSE AUTHORIZATION ACT FOR

22 FISCAL YEAR 2006.—Effective as of January 6, 2006, 

23 and as if included therein as enacted, the National De24 fense Authorization Act for Fiscal Year 2006 (Public Law 

25 109–163) is amended as follows: 


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1 (1) Section 515(h) (119 Stat. 3237; 10 U.S.C. 

2 10101 note) is amended by striking ‘‘10 USC 10101 

3 note.’’. 

4 (2) Section 535(b) (119 Stat. 3249; 10 U.S.C. 

5 2101 note) is amended by inserting ‘‘of’’ after 

6 ‘‘Committee on Armed Services’’ the first place it 

7 appears. 

8 (3) Section 1056(e)(2) (119 Stat. 3440) is 

9 amended by striking ‘‘Section’’ and inserting ‘‘Effec10 tive as of December 2, 2002, and as if included in 

11 Public Law 107–314 as enacted, section’’. 

12 (4) Section 1057 (119 Stat. 3440) is amend13 ed— 

14 (A) in subsection (a)— 

15 (i) in paragraph (5), by striking 

16 ‘‘4778,’’; and 

17 (ii) in paragraph (6), by striking 

18 ‘‘4747’’ and inserting ‘‘2651’’; 

19 (B) in subsection (b)(3)— 

20 (i) by striking ‘‘109,’’; and 

21 (ii) by adding at the end the following 

22 new sentence: ‘‘Section 109 is amended by 

23 striking ‘State or Territory, Puerto Rico, 

24 the Virgin Islands, or the District of Co25 lumbia’ each place it appears and inserting 


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1 ‘State, the Commonwealth of Puerto Rico, 

2 the District of Columbia, Guam, or the 

3 Virgin Islands’ ’’; and 

4 (C) in subsection (b)(5)— 

5 (i) in the language to be struck from 

6 section 324 of title 32, United States 

7 Code, by striking the comma after ‘‘Rico’’; 

8 and 

9 (ii) in the language to be inserted in 

10 section 324 of title 32, United States 

11 Code, by inserting ‘‘of’’ after ‘‘Virgin Is12 lands,’’. 

13 (5) Section 1104 (119 Stat. 3448) is amend14 ed— 

15 (A) in subsection (a)(3)(A), by inserting 

16 ‘‘the first place it appears’’ before ‘‘and insert17 ing’’; and 

18 (B) in subsection (c), by striking ‘‘sub19 section (c)(1)’’ and inserting ‘‘subsection 

20 (b)(2)’’. 

21 (6) Section 2806(c)(2)(A) (119 Stat. 3507) is 

22 amended in the matter to be struck from and in23 serted in section 2884(b)(1) of title 10, United 

24 States Code, by striking ‘‘a’’ both places it appears 

25 and inserting ‘‘A’’. 


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1 (i) RONALD W. REAGAN NATIONAL DEFENSE AU2 THORIZATION ACT FOR FISCAL YEAR 2005.—The Ronald 

3 W. Reagan National Defense Authorization Act for Fiscal 

4 Year 2005 (Public Law 108–375) is amended as follows: 

5 (1) Section 577(b)(12) (10 U.S.C. 113 note), as 

6 amended by section 563(e) of the Duncan Hunter 

7 National Defense Authorization Act for Fiscal Year 

8 2009 (Public Law 110–417; 122. Stat. 4471) is 

9 amended by striking ‘‘The Secretary shall imple10 ment’’ and inserting ‘‘Implementation of’’. 

11 (2) Section 1085 (118 Stat. 2065; 10 U.S.C. 

12 113 note), as amended by section 360(c) of the Na13 tional Defense Authorization Act for Fiscal Year 

14 2008 (Public Law 110–181; 122. Stat. 78) is 

15 amended by striking ‘‘subsection (a)’’ and inserting 

16 ‘‘section 360(a) of the National Defense Authoriza17 tion Act for Fiscal Year 2008 (Public Law 110–181; 

18 122. Stat. 77)’’. 

19 (j) BOB STUMP NATIONAL DEFENSE AUTHORIZA20 TION ACT FOR FISCAL YEAR 2003.—Section 1032(a) of 

21 the Bob Stump National Defense Authorization Act for 

22 Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 

23 note) is amended by striking ‘‘thereafter,,’’ and inserting 

24 ‘‘thereafter,’’. 


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1 (k) WEAPON SYSTEMS ACQUISITION REFORM ACT

2 OF 2009.—Effective as of May 22, 2009, and as if in3 cluded therein as enacted, section 205 of the Weapon Sys4 tems Acquisition Reform Act of 2009 (Public Law 111– 

5 23; 123 Stat. 1724) is amended— 

6 (1) in subsection (a)(1)(B), by striking ‘‘para7 graphs (1) and (2)’’ in the matter to be inserted and 

8 inserting ‘‘paragraphs (1), (2), and (3)’’; and 

9 (2) in subsection (c), by striking ‘‘2433a(c)(3)’’ 

10 and inserting ‘‘2433a(c)(1)(C)’’. 

11 (l) TECHNICAL CORRECTION REGARDING SBIR EX12 TENSION.—Section 9(m)(2) of the Small Business Act (15 

13 U.S.C. 638(m)(2)), as added by section 847(a) of the Na14 tional Defense Authorization Act for Fiscal Year 2010 

15 (Public Law 111–84; 123 Stat. 2420), is amended by 

16 striking ‘‘is authorized’’ and inserting ‘‘are authorized’’. 

17 (m) TECHNICAL CORRECTION REGARDING SMALL

18 SHIPYARDS AND MARITIME COMMUNITIES ASSISTANCE

19 PROGRAM.—Section 3506 of the National Defense Au20 thorization Act for Fiscal Year 2006, as reinstated by the 

21 amendment made by section 1073(c)(14) of the National 

22 Defense Authorization Act for Fiscal Year 2010 (Public 

23 Law 111–84; 123 Stat. 2475), is repealed. 

24 (n) TECHNICAL CORRECTION REGARDING DOT 

25 MARITIME HERITAGE PROPERTY.—Section 6(a)(1)(C) of 


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1 the National Maritime Heritage Act of 1994 (16 U.S.C. 

2 5405(a)(1)(C)), as amended by section 3509 of the Na3 tional Defense Authorization Act for Fiscal Year 2010 

4 (Public Law 111–84; 123 Stat. 2721), is amended by 

5 striking ‘‘the date of enactment of the Maritime Adminis6 tration Authorization Act of 2010’’ and inserting ‘‘October 

7 28, 2009’’. 

8 (o) TECHNICAL CORRECTION OF CITATION.—Section 

9 42 of the Office of Federal Procurement Policy Act (41 

10 U.S.C. 438) is amended— 

11 (1) in subsection (c)(1) by striking ‘‘(41 U.S.C. 

12 607(b))’’ and inserting ‘‘(41 U.S.C. 607(d))’’; and 

13 (2) in subsection (c)(2)(A) by inserting ‘‘of 

14 1978’’ after ‘‘Contract Disputes Act’’. 

15 SEC. 1076. STUDY ON OPTIMAL BALANCE OF MANNED AND 

16 REMOTELY PILOTED AIRCRAFT. 

17 (a) STUDY.— 

18 (1) IN GENERAL.—Not later than 30 days after 

19 the date of the enactment of this Act, the Secretary 

20 of Defense shall commission a study by an inde21 pendent, non-profit organization on the optimal bal22 ance between manned and remotely piloted aircraft 

23 of the Armed Forces. 

24 (2) SELECTION.—The independent, non-profit 

25 organization selected for the study under paragraph 


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1 (1) shall be qualified on the basis of having per2 formed work in the fields of national security and 

3 combat systems. 

4 (b) MATTERS INCLUDED.—The study under sub5 section (a) shall include the following: 

6 (1) With respect to each military department, 

7 an assessment of the feasibility and desirability of a 

8 more rapid transition from manned to remotely pi9 loted aircraft for a range of operations, including 

10 combat operations. 

11 (2) An evaluation of the current ability of each 

12 military department to resist attacks mounted by 

13 foreign militaries with significant investments in re14 search and development and deployment of remotely 

15 piloted aircraft, including an assessment of each 

16 military department’s ability to defend against— 

17 (A) a large enemy force of remotely piloted 

18 aircraft; and 

19 (B) any other relevant scenario involving 

20 remotely piloted aircraft that the Secretary de21 termines appropriate. 

22 (3) An analysis of— 

23 (A) current and future capabilities of for24 eign militaries in developing and deploying re25 motely piloted aircraft; and 


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1 (B) identified vulnerabilities of United 

2 States weapons systems to foreign remotely pi3 loted aircraft. 

4 (4) Conclusions on the matters described in 

5 paragraphs (1) through (3) and what the inde6 pendent, non-profit organization conducting the 

7 study determines is the optimal balance of invest8 ment in development and deployment of manned 

9 versus remotely piloted aircraft. 

10 (c) REPORT.—Not later than December 1, 2011, the 

11 Secretary of Defense shall submit to the congressional de12 fense committees, the Committee on Oversight and Gov13 ernment Reform of the House of Representatives, and the 

14 Committee on Homeland Security and Governmental Af15 fairs of the Senate a report that includes the study under 

16 subsection (a). 

17 (d) FORM.— 

18 (1) STUDY.—The study under subsection (a) 

19 shall include a classified annex with respect to the 

20 matters described in subsection (b)(3). 

21 (2) REPORT.—The report under subsection (c) 

22 may include a classified annex. 

23 (e) REMOTELY PILOTED AIRCRAFT DEFINED.—In 

24 this section, the term ‘‘remotely piloted aircraft’’ means 

25 any unmanned aircraft operated remotely, whether within 


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1 or beyond line-of-sight, including unmanned aerial sys2 tems, unmanned aerial vehicles, remotely piloted vehicles, 

3 and remotely piloted aircraft. 

4 SEC. 1077. TREATMENT OF SUCCESSOR CONTINGENCY OP5 ERATION TO OPERATION IRAQI FREEDOM. 

6 Any law applicable to Operation Iraqi Freedom shall 

7 apply in the same manner and to the same extent to the 

8 successor contingency operation known as Operation New 

9 Dawn, except as specifically provided in this Act, any 

10 amendment made by this Act, or any other law enacted 

11 after the date of the enactment of this Act. 

12 SEC. 1078. PROGRAM TO ASSESS THE UTILITY OF NON-LE13 THAL WEAPONS. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that the Secretary of Defense should support the 

16 research, development, test, and evaluation, procurement, 

17 and fielding of effective non-lethal weapons and tech18 nologies explicitly designed to, with respect to counter19 insurgency operations, reduce military casualties and fa20 talities, improve military mission accomplishment and 

21 operational effectiveness, reduce civilian casualties and fa22 talities, and minimize undesired damage to property and 

23 the environment. 

24 (b) PROGRAM REQUIRED.— 


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1 (1) DEMONSTRATION AND ASSESSMENT.—The 

2 Secretary of Defense, acting through the Executive 

3 Agent for Non-lethal Weapons and in coordination 

4 with the Secretaries of the military departments and 

5 the combatant commanders, shall carry out a pro6 gram to demonstrate and assess the utility and ef7 fectiveness of non-lethal weapons to provide esca8 lation of force options in counter-insurgency oper9 ations. 

10 (2) NON-LETHAL WEAPONS EVALUATED.—In 

11 evaluating non-lethal weapons under the program 

12 under this subsection, the Secretary shall include 

13 non-lethal weapons designed for counter-personnel 

14 and counter-materiel missions. 

15 (c) REPORT.— 

16 (1) REPORT REQUIRED.—Not later than Octo17 ber 1, 2011, the Secretary of Defense shall submit 

18 to the congressional defense committees a report on 

19 the role and utility of non-lethal weapons and tech20 nologies in counterinsurgency operations. 

21 (2) ELEMENTS.—The report under paragraph 

22 (1) shall include the following: 

23 (A) A description of the results of any 

24 demonstrations and assessments of non-lethal 

25 weapons conducted during fiscal year 2011. 


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1 (B) A description of the Secretary’s plans 

2 for any demonstrations and assessments of non3 lethal weapons to be conducted during fiscal 

4 years 2012 and 2013. 

5 (C) A description of the extent to which 

6 non-lethal weapons doctrine, training, and em7 ployment include the use of strategic commu8 nications strategies to enable the effective em9 ployment of non-lethal weapons. 

10 (D) A description of the input of the mili11 tary departments in developing concepts of op12 erations and tactics, techniques, and procedures 

13 for incorporating non-lethal weapons into the 

14 current escalation of force procedures of each 

15 department. 

16 (E) A description of the extent to which 

17 non-lethal weapons and technologies are inte18 grated into the standard equipment and train19 ing of military units. 

20 SEC. 1079. SENSE OF CONGRESS ON STRATEGIC NUCLEAR 

21 FORCE REDUCTIONS. 

22 It is the sense of Congress that no action should be 

23 taken to implement the reduction of the strategic nuclear 

24 forces of the United States below the levels described in 

25 the Treaty between the United States of America and the 


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1 Russian Federation on Measures for the Further Reduc2 tion and Limitation of Strategic Offensive Arms signed 

3 on April 8, 2010 (commonly known as the ‘‘New START 

4 Treaty’’), unless the President submits to the congres5 sional defense committees a report on such reduction, in6 cluding— 

7 (1) the justification for such reduction; 

8 (2) an assessment of the strategic environment, 

9 threat, and policy and the technical and operational 

10 implications of such reduction; and 

11 (3) written certification by the President that— 

12 (A) either— 

13 (i) the strategic environment or the 

14 assessment of the threat allows for such 

15 reduction; or 

16 (ii) technical measures to provide a 

17 commensurate or better level of safety, se18 curity, and reliability as before such reduc19 tion have been implemented for the re20 maining strategic nuclear forces of the 

21 United States; 

22 (B) the remaining strategic nuclear forces 

23 of the United States provide a sufficient means 

24 of protection against unforeseen technical chal25 lenges and geopolitical events; 


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1 (C) such reduction is compensated by other 

2 measures (such as nuclear modernization, con3 ventional forces, and missile defense) that to4 gether provide a commensurate or better deter5 rence capability and level of credibility as before 

6 such reduction; and 

7 (D) measures to modernize the nuclear 

8 weapons complex are being implemented (or 

9 have been implemented) to provide a suffi10 ciently responsive infrastructure to support the 

11 remaining strategic nuclear forces of the United 

12 States. 

13 TITLE XI—CIVILIAN PERSONNEL 

14 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. 

15 SEC. 1101. CLARIFICATION OF AUTHORITIES AT PER16 SONNEL DEMONSTRATION LABORATORIES. 

17 (a) CLARIFICATION OF APPLICABILITY OF DIRECT

18 HIRE AUTHORITY.—Section 1108 of the Duncan Hunter 

19 National Defense Authorization Act for Fiscal Year 2009 


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1 (Public Law 110–417; 122 Stat. 4618; 10 U.S.C. 1580 

2 note) is amended— 

3 (1) in subsection (b), by striking ‘‘identified’’ 

4 and all that follows and inserting ‘‘designated by 

5 section 1105(a) of the National Defense Authoriza6 tion Act for Fiscal Year 2010 (Public Law 111–84; 

7 123 Stat. 2486; 10 U.S.C. 2358 note) as a Depart8 ment of Defense science and technology reinvention 

9 laboratory.’’; and 

10 (2) in subsection (c), by striking ‘‘2 percent’’ 

11 and inserting ‘‘5 percent’’. 

12 (b) CLARIFICATION OF APPLICABILITY OF FULL IM13 PLEMENTATION REQUIREMENT.—Section 1107 of the Na14 tional Defense Authorization Act for Fiscal Year 2008 

15 (Public Law 110–181; 122 Stat 357; 10 U.S.C. 2358 

16 note) is amended— 

17 (1) in subsection (a), by striking ‘‘that are ex18 empted by’’ and all that follows and inserting ‘‘des19 ignated by section 1105(a) of the National Defense 

20 Authorization Act for Fiscal Year 2010 (Public Law 

21 111–84; 123 Stat. 2486; 10 U.S.C. 2358 note) as 

22 Department of Defense science and technology re23 invention laboratories.’’; and 

24 (2) in subsection (c), by striking ‘‘as enumer25 ated in’’ and all that follows and inserting ‘‘desVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 ignated by section 1105(a) of the National Defense 

2 Authorization Act for Fiscal Year 2010 (Public Law 

3 111–84; 123 Stat 2486) as a Department of De4 fense science and technology reinvention labora5 tory.’’. 

6 (c) CORRECTION TO SECTION REFERENCE.—Section 

7 1121 of the National Defense Authorization Act for Fiscal 

8 Year 2010 (123 Stat. 2505) is amended— 

9 (1) in subsection (a), by striking ‘‘Section 

10 9902(h) of title 5, United States Code’’ and insert11 ing ‘‘Section 9902(g) of title 5, United States Code, 

12 as redesignated by section 1113(b)(1)(B)’’; and 

13 (2) in subsection (b), by striking ‘‘section 

14 9902(h) of such title 5’’ and inserting ‘‘such sec15 tion’’. 

16 (d) EFFECTIVE DATE.—(1) Except as provided in 

17 paragraph (2), the amendments made by this section shall 

18 take effect as of October 28, 2009. 

19 (2) The amendment made by subsection (a)(2) shall 

20 take effect as of the date of enactment of this Act. 

21 SEC. 1102. REQUIREMENTS FOR DEPARTMENT OF DEFENSE 

22 SENIOR MENTORS. 

23 (a) IN GENERAL.—The Secretary of Defense shall 

24 issue appropriate policies and procedures to ensure that 


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1 all senior mentors employed by the Department of Defense 

2 are— 

3 (1) hired as highly qualified experts under sec4 tion 9903 of title 5, United States Code; and 

5 (2) required to comply with all applicable Fed6 eral laws and regulations on personnel and ethics 

7 matters. 

8 (b) SENIOR MENTOR DEFINED.—In this section, the 

9 term ‘‘senior mentor’’ means a retired flag, general, or 

10 other military officer or retired senior civilian official who 

11 provides expert experience-based mentoring, teaching, 

12 training, advice, and recommendations to senior military 

13 officers, staffs, and students as they participate in war 

14 games, warfighting courses, operational planning, oper15 ational exercises, and decision-making exercises. 

16 SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

17 ANNUAL LIMITATION ON PREMIUM PAY AND 

18 AGGREGATE LIMITATION ON PAY FOR FED19 ERAL CIVILIAN EMPLOYEES WORKING OVER20 SEAS. 

21 Effective January 1, 2011, section 1101(a) of the 

22 Duncan Hunter National Defense Authorization Act for 

23 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), 

24 as amended by section 1106(a) of the National Defense 

25 Authorization Act for Fiscal Year 2010 (Public Law 111– 


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1 84; 123 Stat. 2487), is further amended by striking ‘‘cal2 endar years 2009 and 2010’’ and inserting ‘‘calendar 

3 years 2009 through 2011’’. 

4 SEC. 1104. EXTENSION AND MODIFICATION OF ENHANCED 

5 DEPARTMENT OF DEFENSE APPOINTMENT 

6 AND COMPENSATION AUTHORITY FOR PER7 SONNEL FOR CARE AND TREATMENT OF 

8 WOUNDED AND INJURED MEMBERS OF THE 

9 ARMED FORCES. 

10 (a) DESIGNATION OF OCCUPATIONS COVERED BY

11 RECRUITMENT AND APPOINTMENT AUTHORITY.—Sub12 section (a)(2) of section 1599c of title 10, United States 

13 Code, is amended— 

14 (1) in subparagraph (A)— 

15 (A) in clause (i), by striking ‘‘shortage cat16 egory positions’’ and inserting ‘‘a shortage cat17 egory occupation or critical need occupation’’; 

18 and 

19 (B) in clause (ii), by striking ‘‘highly quali20 fied persons directly’’ and inserting ‘‘qualified 

21 persons directly in the competitive service’’; and 

22 (2) by adding at the end the following new sub23 paragraph: 

24 ‘‘(C) Any designation by the Secretary for purposes 

25 of subparagraph (A)(i) shall be based on an analysis of 


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1 current and future Department of Defense workforce re2 quirements.’’. 

3 (b) EXTENSION.—Subsection (c) of such section is 

4 amended— 

5 (1) in paragraph (1)— 

6 (A) by inserting ‘‘under subsection (a)(1)’’ 

7 after ‘‘Secretary of Defense’’; and 

8 (B) by striking ‘‘September 30, 2012’’ and 

9 inserting ‘‘December 31, 2015’’; and 

10 (2) in paragraph (2), by striking ‘‘September 

11 30, 2012’’ and inserting ‘‘December 31, 2015’’. 

12 SEC. 1105. RATE OF OVERTIME PAY FOR DEPARTMENT OF 

13 THE NAVY EMPLOYEES PERFORMING WORK 

14 ABOARD OR DOCKSIDE IN SUPPORT OF THE 

15 NUCLEAR AIRCRAFT CARRIER FORWARD DE16 PLOYED IN JAPAN. 

17 (a) OVERTIME PAY AT TIME-AND-A-HALF RATE.— 

18 Section 5542(a) of title 5, United States Code, is amended 

19 by adding at the end the following new paragraph: 

20 ‘‘(6)(A) Notwithstanding paragraphs (1) and 

21 (2), for an employee of the Department of the Navy 

22 who is assigned to temporary duty to perform work 

23 aboard, or dockside in direct support of, the nuclear 

24 aircraft carrier that is forward deployed in Japan 

25 and who would be nonexempt under the Fair Labor 


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1 Standards Act but for the application of the foreign 

2 area exemption in section 13(f) of that Act (29 

3 U.S.C. 213(f)), the overtime hourly rate of pay is an 

4 amount equal to one and one-half times the hourly 

5 rate of basic pay of the employee, and all that 

6 amount is premium pay. 

7 ‘‘(B) Subparagraph (A) shall expire on Sep8 tember 30, 2014.’’. 

9 (b) REPORTS.— 

10 (1) SECRETARY OF NAVY REPORT.—Not later 

11 than September 30, 2013, the Secretary of the Navy 

12 shall submit to the Secretary of Defense and the Di13 rector of the Office of Personnel Management a re14 port that— 

15 (A) describes the use of the authority 

16 under paragraph (6) of section 5542(a) of title 

17 5, United States Code, as added by subsection 

18 (a), including associated costs, and including an 

19 evaluation of the extent to which exercise of the 

20 authority helped the Navy in meeting its mis21 sion; and 

22 (B) provides a recommendation on whether 

23 an extension of the provisions of that paragraph 

24 is needed. 


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1 (2) REPORT TO CONGRESS.—Not later than 

2 March 31, 2014, the Director of the Office of Per3 sonnel Management shall submit to the Committee 

4 on Armed Services and the Committee on Homeland 

5 Security and Governmental Affairs of the Senate 

6 and the Committee on Armed Services and the Com7 mittee on Oversight and Governmental Reform of 

8 the House of Representatives a report that— 

9 (A) addresses the use of paragraph (6) of 

10 section 5542(a) of title 5, United States Code, 

11 as so added, including associated costs, and in12 cluding an evaluation of the extent to which ex13 ercise of the authority helped the Navy in meet14 ing its mission; 

15 (B) describes the extent to which other em16 ployees experience the same circumstances as 

17 were experienced by those described in that 

18 paragraph before its enactment; 

19 (C) provides an analysis of the advantages 

20 and disadvantages that would be anticipated 

21 from extending the expiration date of the au22 thority under that paragraph, and from expand23 ing the authority under that paragraph to in24 clude other employees; and 


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1 (D) conveys the report of the Secretary of 

2 the Navy referred to in paragraph (1). 

3 TITLE XII—MATTERS RELATING 

4 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. 


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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 nationstates. 

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. 

1 Subtitle A—Assistance and 

2 Training 

3 SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF 

4 SPECIAL OPERATIONS TO COMBAT TER5 RORISM. 

6 Section 1208(a) of the Ronald W. Reagan National 

7 Defense Authorization Act for Fiscal Year 2005 (Public 

8 Law 108–375; 118 Stat. 2086), as most recently amended 

9 by section 1202(a) of the National Defense Authorization 

10 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

11 2511), is further amended by striking ‘‘$40,000,000’’ and 

12 inserting ‘‘$45,000,000’’. 

13 SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES 

14 TO ENHANCED LOGISTICS INTEROPER15 ABILITY AUTHORITY. 

16 (a) ENHANCED INTEROPERABILITY AUTHORITY.— 

17 Subsection (a) of section 127d of title 10, United States 

18 Code, is amended— 


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1 (1) by inserting ‘‘(1)’’ before ‘‘Subject to’’; 

2 (2) by inserting ‘‘of the United States’’ after 

3 ‘‘armed forces’’; 

4 (3) by striking the second sentence; and 

5 (4) by adding at the end the following new 

6 paragraphs: 

7 ‘‘(2) In addition to any logistic support, supplies, and 

8 services provided under paragraph (1), the Secretary may 

9 provide logistic support, supplies, and services to allied 

10 forces solely for the purpose of enhancing the interoper11 ability of the logistical support systems of military forces 

12 participating in combined operations with the United 

13 States in order to facilitate such operations. Such logistic 

14 support, supplies, and services may also be provided under 

15 this paragraph to a nonmilitary logistics, security, or simi16 lar agency of an allied government if such provision would 

17 directly benefit the armed forces of the United States. 

18 ‘‘(3) Provision of support, supplies, and services pur19 suant to paragraph (1) or (2) may be made only with the 

20 concurrence of the Secretary of State.’’. 

21 (b) CONFORMING AMENDMENTS.—Such section is 

22 further amended— 

23 (1) in subsection (b), by striking ‘‘subsection 

24 (a)’’ in paragraphs (1) and (2) and inserting ‘‘sub25 section (a)(1)’’; and 


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1 (2) in subsection (c)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘Except as provided in 

4 paragraph (2), the’’ and inserting ‘‘The’’; 

5 and 

6 (ii) by striking ‘‘this section’’ and in7 serting ‘‘subsection (a)(1)’’; and 

8 (B) in paragraph (2), by striking ‘‘In addi9 tion’’ and all that follows through ‘‘fiscal year,’’ 

10 and inserting ‘‘The value of the logistic support, 

11 supplies, and services provided under subsection 

12 (a)(2) in any fiscal year may not’’. 

13 SEC. 1203. EXPANSION OF TEMPORARY AUTHORITY TO USE 

14 ACQUISITION AND CROSS-SERVICING AGREE15 MENTS TO LEND CERTAIN MILITARY EQUIP16 MENT TO CERTAIN FOREIGN FORCES FOR 

17 PERSONNEL PROTECTION AND SURVIV18 ABILITY. 

19 (a) EXPANSION FOR TRAINING FOR DEPLOYMENT.— 

20 Paragraph (3) of section 1202(a) of the John Warner Na21 tional Defense Authorization Act for Fiscal Year 2007 

22 (Public Law 109–364; 120 Stat. 2412), as most recently 

23 amended by section 1252(a) of the National Defense Au24 thorization Act for Fiscal Year 2009 (Public Law 110– 

25 181; 122 Stat. 402), is further amended— 


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1 (1) by striking ‘‘only in Iraq or Afghanistan, or 

2 in a peacekeeping operation described in paragraph 

3 (1), as applicable, and’’; and 

4 (2) by striking ‘‘those forces.’’ and inserting 

5 ‘‘those forces and only— 

6 ‘‘(A) in Iraq or Afghanistan; 

7 ‘‘(B) in a peacekeeping operation described 

8 in paragraph (1); or 

9 ‘‘(C) in connection with the training of 

10 those forces to be deployed to Iraq, Afghani11 stan, or a peacekeeping operation described in 

12 paragraph (1) for such deployment.’’. 

13 (b) NOTICE AND WAIT ON EXERCISE OF ADDITIONAL

14 AUTHORITY.—Such section is further amended by adding 

15 at the end the following new paragraph: 

16 ‘‘(5) NOTICE AND WAIT ON PROVISION OF

17 EQUIPMENT FOR CERTAIN PURPOSES.—Equipment 

18 may not be provided under paragraph (1) in connec19 tion with training as specified in paragraph (3)(C) 

20 until 15 days after the date on which the Secretary 

21 of Defense submits to the specified congressional 

22 committees written notice on the provision of such 

23 equipment for such purpose.’’. 


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1 SEC. 1204. AUTHORITY TO PAY PERSONNEL EXPENSES IN 

2 CONNECTION WITH AFRICAN COOPERATION. 

3 (a) IN GENERAL.—Chapter 53 of title 10, United 

4 States Code, is amended by inserting after section 1050 

5 the following new section: 

6 ‘‘§ 1050a. African cooperation: payment of personnel 

7 expenses 

8 ‘‘The Secretary of Defense or the Secretary of a mili9 tary department may pay the travel, subsistence, and spe10 cial compensation of officers and students of African coun11 tries and other expenses that the Secretary considers nec12 essary for African cooperation.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 53 of such title is amended 

15 by inserting after the item relating to section 1050 the 

16 following new item: 

‘‘1050a. African cooperation: payment of personnel expenses.’’. 

17 SEC. 1205. AUTHORITY TO BUILD THE CAPACITY OF YEMEN 

18 MINISTRY OF INTERIOR COUNTER TER19 RORISM FORCES. 

20 (a) AUTHORITY.—The Secretary of Defense may, 

21 with the concurrence of the Secretary of State, provide 

22 assistance during fiscal year 2011 to enhance the ability 

23 of the Yemen Ministry of Interior Counter Terrorism 

24 Forces to conduct counterterrorism operations against al 

25 Qaeda in the Arabian Peninsula and its affiliates. 


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1 (b) TYPES OF ASSISTANCE.— 

2 (1) AUTHORIZED ELEMENTS.—Assistance 

3 under subsection (a) may include the provision of 

4 equipment, supplies, and training. 

5 (2) REQUIRED ELEMENTS.—Assistance under 

6 subsection (a) shall be provided in a manner that 

7 promotes— 

8 (A) observance of and respect for human 

9 rights and fundamental freedoms; and 

10 (B) respect for legitimate civilian authority 

11 in Yemen. 

12 (3) ASSISTANCE OTHERWISE PROHIBITED BY

13 LAW.—The Secretary of Defense may not use the 

14 authority in subsection (a) to provide any type of as15 sistance described in this subsection that is other16 wise prohibited by any provision of law. 

17 (c) FUNDING.—Of the amount authorized to be ap18 propriated by section 301 for operation and maintenance 

19 for fiscal year 2011, $75,000,000 may be utilized to pro20 vide assistance under subsection (a). 

21 (d) NOTICE TO CONGRESS.— 

22 (1) IN GENERAL.—Not less than 15 days before 

23 providing assistance under subsection (a), the Sec24 retary of Defense shall submit to the committees of 

25 Congress specified in paragraph (2) a notice setting 


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1 forth the assistance to be provided, including the 

2 types of such assistance, the budget for such assist3 ance, and the completion date for the provision of 

4 such assistance. 

5 (2) COMMITTEES OF CONGRESS.—The commit6 tees of Congress specified in this paragraph are— 

7 (A) the Committee on Armed Services, the 

8 Committee on Foreign Relations, and the Com9 mittee on Appropriations of the Senate; and 

10 (B) the Committee on Armed Services, the 

11 Committee on Foreign Affairs, and the Com12 mittee on Appropriations of the House of Rep13 resentatives. 

14 SEC. 1206. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP 

15 FOR PEACE NATIONS TO PARTICIPATE IN 

16 THE EURO-NATO JOINT JET PILOT TRAINING 

17 PROGRAM. 

18 (a) ESTABLISHMENT OF SCHOLARSHIP PROGRAM.— 

19 The Secretary of the Air Force may establish and main20 tain a demonstration scholarship program to allow per21 sonnel of the air forces of countries that are signatories 

22 of the Partnership for Peace Framework Document to re23 ceive undergraduate pilot training and necessary related 

24 training through the Euro-NATO Joint Jet Pilot Training 

25 (ENJJPT) program. The Secretary of the Air Force shall 


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1 establish the program pursuant to regulations prescribed 

2 by the Secretary of Defense in consultation with the Sec3 retary of State. 

4 (b) TRANSPORTATION, SUPPLIES, AND ALLOW5 ANCE.—Under such conditions as the Secretary of the Air 

6 Force may prescribe, the Secretary may provide to a per7 son receiving a scholarship under the scholarship pro8 gram— 

9 (1) transportation incident to the training re10 ceived under the ENJJPT program; 

11 (2) supplies and equipment to be used during 

12 the training; 

13 (3) flight clothing and other special clothing re14 quired for the training; 

15 (4) billeting, food, and health services; and 

16 (5) a living allowance at a rate to be prescribed 

17 by the Secretary, taking into account the amount of 

18 living allowances authorized for a member of the 

19 Armed Forces of the United States under similar 

20 circumstances. 

21 (c) RELATION TO EURO-NATO JOINT JET PILOT

22 TRAINING PROGRAM.— 

23 (1) ENJJPT STEERING COMMITTEE AUTHOR24 ITY.—Nothing in this section shall be construed or 

25 interpreted to supersede the authority of the 


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1 ENJJPT Steering Committee under the ENJJPT 

2 Memorandum of Understanding. Pursuant to the 

3 ENJJPT Memorandum of Understanding, the 

4 ENJJPT Steering Committee may resolve to forbid 

5 any airman or airmen from a Partnership for Peace 

6 nation to participate in the Euro-NATO Joint Jet 

7 Pilot Training program under the authority of a 

8 scholarship under this section. 

9 (2) NO REPRESENTATION.—Countries whose 

10 air force personnel receive scholarships under the 

11 scholarship program shall not have privilege of 

12 ENJJPT Steering Committee representation. 

13 (d) LIMITATION ON ELIGIBLE COUNTRIES.—The 

14 Secretary of the Air Force may not use the authority in 

15 subsection (a) to provide assistance described in sub16 section (b) to any foreign country that is otherwise prohib17 ited from receiving such type of assistance under the For18 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or 

19 any other provision of law. 

20 (e) COST-SHARING.—For purposes of ENJJPT cost21 sharing, personnel of an air force of a foreign country who 

22 receive a scholarship under the scholarship program may 

23 be counted as United States pilots. 

24 (f) PROGRESS REPORT.—Not later than February 1, 

25 2012, the Secretary of the Air Force shall submit to the 


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1 congressional defense committees, the Committee on For2 eign Affairs of the House of Representatives, and the 

3 Committee on Foreign Relations of the Senate a report 

4 on the status of the demonstration program, including the 

5 opinion of the Secretary and NATO allies on the benefits 

6 of the program and whether or not to permanently author7 ize the program or extend the program beyond fiscal year 

8 2012. The report shall specify the following: 

9 (1) The countries participating in the scholar10 ship program. 

11 (2) The total number of foreign pilots who re12 ceived scholarships under the scholarship program. 

13 (3) The amount expended on scholarships 

14 under the scholarship program. 

15 (4) The source of funding for scholarships 

16 under the scholarship program. 

17 (g) DURATION.—No scholarship may be awarded 

18 under the scholarship program after September 30, 2012. 

19 (h) FUNDING SOURCE.—Amounts to award scholar20 ships under the scholarship program shall be derived from 

21 amounts authorized to be appropriated for operation and 

22 maintenance for the Air Force. 


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1 SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORI2 TIES RELATING TO PROGRAM TO BUILD THE 

3 CAPACITY OF FOREIGN MILITARY FORCES. 

4 (a) TEMPORARY LIMITATION ON AMOUNT FOR

5 BUILDING CAPACITY TO PARTICIPATE IN OR SUPPORT

6 MILITARY AND STABILITY OPERATIONS.— 

7 (1) IN GENERAL.—Subsection (c)(5) of section 

8 1206 of the National Defense Authorization Act for 

9 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

10 3456), as added by section 1206(a) of the National 

11 Defense Authorization Act for Fiscal Year 2010 

12 (Public Law 111–84; 123 Stat. 2514), is further 

13 amended— 

14 (A) by striking ‘‘and not more than’’ and 

15 inserting ‘‘not more than’’; and 

16 (B) by inserting after ‘‘fiscal year 2011’’ 

17 the following: ‘‘, and not more than 

18 $100,000,000 may be used during fiscal year 

19 2012’’. 

20 (2) EFFECTIVE DATE.—The amendments made 

21 by paragraph (1) shall take effect on the date of the 

22 enactment of this Act and shall apply with respect 

23 to programs under subsection (a) of such section 

24 that begin on or after that date. 

25 (b) ONE-YEAR EXTENSION OF AUTHORITY.—Sub26 section (g) of such section, as most recently amended by 


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1 section 1206(c) of the Duncan Hunter National Defense 

2 Authorization Act for Fiscal Year 2009 (Public Law 110– 

3 417; 122 Stat. 4625), is further amended by— 

4 (1) by striking ‘‘September 30, 2011’’ and in5 serting ‘‘September 30, 2012’’; and 

6 (2) by striking ‘‘fiscal years 2006 through 

7 2011’’ and inserting ‘‘fiscal years 2006 through 

8 2012’’. 

9 Subtitle B—Matters Relating to 

10 Iraq, Afghanistan, and Pakistan 

11 SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR 

12 CERTAIN PURPOSES RELATING TO IRAQ. 

13 No funds appropriated pursuant to an authorization 

14 of appropriations in this Act may be obligated or expended 

15 for a purpose as follows: 

16 (1) To establish any military installation or 

17 base for the purpose of providing for the permanent 

18 stationing of United States Armed Forces in Iraq. 

19 (2) To exercise United States control of the oil 

20 resources of Iraq. 

21 SEC. 1212. ONE-YEAR EXTENSION AND MODIFICATION OF 

22 COMMANDERS’ EMERGENCY RESPONSE PRO23 GRAM. 

24 (a) ONE-YEAR EXTENSION OF CERP AUTHORITY.— 

25 Subsection (a) of section 1202 of the National Defense 


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1 Authorization Act for Fiscal Year 2006 (Public Law 109– 

2 163; 119 Stat. 3455), as most recently amended by sec3 tion 1222 of the National Defense Authorization Act for 

4 Fiscal Year 2010 (Public Law 111–84; 123. Stat. 2518), 

5 is further amended— 

6 (1) in the subsection heading, by striking ‘‘FIS7 CAL YEAR 2010’’ and inserting ‘‘FISCAL YEAR

8 2011’’; 

9 (2) by striking ‘‘fiscal year 2010’’ and inserting 

10 ‘‘fiscal year 2011’’; and 

11 (3) by striking ‘‘operation and maintenance’’ 

12 and all that follows and inserting ‘‘operation and 

13 maintenance— 

14 ‘‘(1) not to exceed $100,000,000 may be used 

15 by the Secretary of Defense in such fiscal year to 

16 provide funds for the Commanders’ Emergency Re17 sponse Program in Iraq; and 

18 ‘‘(2) not to exceed $400,000,000 may be used 

19 by the Secretary of Defense in such fiscal year to 

20 provide funds for the Commanders’ Emergency Re21 sponse Program in Afghanistan.’’. 

22 (b) QUARTERLY REPORTS.—Subsection (a) of such 

23 section, as so amended, is further amended— 

24 (1) by redesignating paragraph (3) as para25 graph (4); and 


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1 (2) by inserting after paragraph (2) the fol2 lowing new paragraph: 

3 ‘‘(3) FORM OF REPORTS.—Each report required 

4 under paragraph (1) shall be submitted, at a min5 imum, in a searchable electronic format that enables 

6 the congressional defense committees to sort the re7 port by amount expended, location of each project, 

8 type of project, or any other field of data that is in9 cluded in the report.’’. 

10 (c) RESTRICTION ON AMOUNT OF PAYMENTS; NOTI11 FICATION.—Such section, as so amended, is further 

12 amended— 

13 (1) by redesignating subsection (g) as sub14 section (i); and 

15 (2) by inserting after subsection (f) the fol16 lowing new subsections: 

17 ‘‘(g) RESTRICTION ON AMOUNT OF PAYMENTS.— 

18 Funds made available under this section for the Com19 manders’ Emergency Response Program may not be obli20 gated or expended to carry out any project if the total 

21 amount of funds made available for the purpose of car22 rying out the project, including any ancillary or related 

23 elements of the project, exceeds $20,000,000. 

24 ‘‘(h) NOTIFICATION.—Not less than 15 days before 

25 obligating or expending funds made available under this 


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1 section for the Commanders’ Emergency Response Pro2 gram for a project in Afghanistan with a total anticipated 

3 cost of $5,000,000 or more, the Secretary of Defense shall 

4 submit to the congressional defense committees a written 

5 notice containing the following information: 

6 ‘‘(1) The location, nature, and purpose of the 

7 proposed project, including how the project is in8 tended to advance the military campaign plan for 

9 Afghanistan. 

10 ‘‘(2) The budget and implementation timeline 

11 for the proposed project, including any other funding 

12 under the Commanders’ Emergency Response Pro13 gram that has been or is anticipated to be contrib14 uted to the completion of the project. 

15 ‘‘(3) A plan for the sustainment of the proposed 

16 project, including any agreement with either the 

17 Government of Afghanistan, a department or agency 

18 of the United States Government other than the De19 partment of Defense, or a third party contributor to 

20 finance the sustainment of the activities and mainte21 nance of any equipment or facilities to be provided 

22 through the proposed project’’. 

23 (d) DEFINITION.—Subsection (i) of such section, as 

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1 ed by striking ‘‘means the program’’ and all that follows 

2 and inserting ‘‘means the program that— 

3 ‘‘(1) authorizes United States military com4 manders to carry out small-scale projects designed 

5 to meet urgent humanitarian relief requirements or 

6 urgent reconstruction requirements within their 

7 areas of responsibility; and 

8 ‘‘(2) provides an immediate and direct benefit 

9 to the people of Iraq or Afghanistan.’’. 

10 SEC. 1213. EXTENSION OF AUTHORITY FOR REIMBURSE11 MENT OF CERTAIN COALITION NATIONS FOR 

12 SUPPORT PROVIDED TO UNITED STATES 

13 MILITARY OPERATIONS. 

14 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

15 section 1233 of the National Defense Authorization Act 

16 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

17 393), as amended by section 1223 of the National Defense 

18 Authorization Act for Fiscal Year 2010 (Public Law 111– 

19 84; 123 Stat. 2519), is further amended by striking ‘‘sec20 tion 1509(5) of the National Defense Authorization Act 

21 for Fiscal Year 2010’’ and inserting ‘‘section 1510 of the 

22 Ike Skelton National Defense Authorization Act for Fiscal 

23 Year 2011’’. 

24 (b) LIMITATION ON AMOUNT.—Subsection (d)(1) of 

25 such section, as so amended, is further amended in the 


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1 second sentence by inserting ‘‘or 2011’’ after ‘‘fiscal year 

2 2010’’. 

3 (c) EXCEPTION FROM NOTICE TO CONGRESS RE4 QUIREMENTS.—Subsection (e) of such section, as so 

5 amended, is further amended— 

6 (1) by striking ‘‘(e) NOTICE TO CONGRESS.— 

7 The Secretary of Defense’’ and inserting the fol8 lowing: 

9 ‘‘(e) NOTICE TO CONGRESS.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), the Secretary of Defense’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) EXCEPTION.—The requirement to provide 

15 notice under paragraph (1) shall not apply with re16 spect to a reimbursement for access based on an 

17 international agreement.’’. 

18 (d) EXTENSION OF NOTICE REQUIREMENT RELAT19 ING TO REIMBURSEMENT OF PAKISTAN FOR SUPPORT

20 PROVIDED BY PAKISTAN.—Section 1232(b)(6) of the Na21 tional Defense Authorization Act for Fiscal Year 2008 

22 (122 Stat. 393), as most recently amended by section 

23 1223 of the National Defense Authorization Act for Fiscal 

24 Year 2010, is further amended by striking ‘‘September 30, 

25 2011’’ and inserting ‘‘September 30, 2012’’. 


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1 SEC. 1214. EXTENSION OF AUTHORITY TO TRANSFER DE2 FENSE ARTICLES AND PROVIDE DEFENSE 

3 SERVICES TO THE MILITARY AND SECURITY 

4 FORCES OF IRAQ AND AFGHANISTAN. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (h) of 

6 section 1234 of the National Defense Authorization Act 

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

8 2532) is amended by striking ‘‘September 30, 2010’’ and 

9 inserting ‘‘December 31, 2011’’. 

10 (b) QUARTERLY REPORTS.—Subsection (f)(1) of 

11 such section is amended by striking ‘‘during fiscal year 

12 2010’’ and inserting ‘‘through March 31, 2012’’. 

13 SEC. 1215. NO PERMANENT MILITARY BASES IN AFGHANI14 STAN. 

15 None of the funds authorized to be appropriated by 

16 this Act may be obligated or expended by the United 

17 States Government to establish any military installation 

18 or base for the purpose of providing for the permanent 

19 stationing of United States Armed Forces in Afghanistan. 

20 SEC. 1216. AUTHORITY TO USE FUNDS FOR REINTEGRA21 TION ACTIVITIES IN AFGHANISTAN. 

22 (a) AUTHORITY.—The Secretary of Defense, with the 

23 concurrence of the Secretary of State, may utilize not 

24 more than $50,000,000 from funds made available to the 

25 Department of Defense for operation and maintenance for 


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1 fiscal year 2011 to support the reintegration into Afghan 

2 society of those individuals who pledge— 

3 (1) to cease all support for the insurgency in 

4 Afghanistan; 

5 (2) to live in accordance with the Constitution 

6 of Afghanistan; 

7 (3) to cease violence against the Government of 

8 Afghanistan and its international partners; and 

9 (4) that they do not have material ties to al 

10 Qaeda or affiliated transnational terrorist organiza11 tions. 

12 (b) SUBMISSION OF GUIDANCE.— 

13 (1) INITIAL SUBMISSION.—Not later than 30 

14 days after the date of the enactment of this Act, the 

15 Secretary of Defense shall submit to the congres16 sional defense committees a copy of the guidance 

17 issued by the Secretary or the Secretary’s designee 

18 concerning the allocation of funds utilizing the au19 thority of subsection (a). Such guidance shall in20 clude— 

21 (A) mechanisms for coordination with the 

22 Government of Afghanistan and other United 

23 States Government departments and agencies 

24 as appropriate; and 


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1 (B) mechanisms to track rates of recidi2 vism among individuals described in subsection 

3 (a). 

4 (2) MODIFICATIONS.—If the guidance in effect 

5 for the purpose stated in paragraph (1) is modified, 

6 the Secretary of Defense shall submit to the con7 gressional defense committees a copy of the modi8 fication not later than 15 days after the date on 

9 which such modification is made. 

10 (c) REPORTS.—Not later than 180 days after the 

11 date of the enactment of this Act, and every 180 days 

12 thereafter, the Secretary of Defense shall submit to the 

13 appropriate congressional committees a report on activi14 ties carried out utilizing the authority of subsection (a). 

15 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

16 DEFINED.—In this section, the term ‘‘appropriate con17 gressional committees’’ means— 

18 (1) the congressional defense committees; and 

19 (2) the Committee on Foreign Affairs of the 

20 House of Representative and the Committee on For21 eign Relations of the Senate. 

22 (e) EXPIRATION.—The authority to utilize funds 

23 under subsection (a) shall expire at the close of December 

24 31, 2011. 


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1 SEC. 1217. AUTHORITY TO ESTABLISH A PROGRAM TO DE2 VELOP AND CARRY OUT INFRASTRUCTURE 

3 PROJECTS IN AFGHANISTAN. 

4 (a) AUTHORITY.—The Secretary of Defense and the 

5 Secretary of State are authorized to establish a program 

6 to develop and carry out infrastructure projects in Afghan7 istan in accordance with the requirements of this section. 

8 (b) FORMULATION AND EXECUTION OF PROGRAM.— 

9 (1) IN GENERAL.—The Secretary of State and 

10 the Secretary of Defense shall jointly develop any 

11 project under the program authorized under sub12 section (a). Except as provided in paragraph (2), the 

13 Secretary of State, in coordination with the Sec14 retary of Defense, shall implement any project under 

15 the program authorized under subsection (a). 

16 (2) EXCEPTION.—The Secretary of Defense 

17 shall implement a project under the program author18 ized under subsection (a) if the Secretary of Defense 

19 and the Secretary of State jointly determine that the 

20 Secretary of Defense should implement the project. 

21 (c) TYPES OF PROJECTS.—Infrastructure projects 

22 under the program authorized under subsection (a) may 

23 include— 

24 (1) water, power, and transportation projects; 

25 and 


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1 (2) other projects in support of the counter2 insurgency strategy in Afghanistan. 

3 (d) AUTHORITY IN ADDITION TO OTHER AUTHORI4 TIES.—The authority to establish the program and de5 velop and carry out infrastructure projects under sub6 section (a) is in addition to any other authority to provide 

7 assistance to foreign countries. 

8 (e) APPLICABILITY OF CERTAIN ADMINISTRATIVE

9 PROVISIONS.— 

10 (1) IN GENERAL.—The administrative provi11 sions of chapter 2 of part III of the Foreign Assist12 ance Act of 1961 (22 U.S.C. 2381 et seq.) shall 

13 apply to funds made available to the Secretary of 

14 State for purposes of carrying out infrastructure 

15 projects under the program authorized under sub16 section (a) to the same extent and in the same man17 ner as such administrative provisions apply to funds 

18 made available to carry out part I of the Foreign 

19 Assistance Act of 1961 (22 U.S.C. 2151 et seq.). 

20 (2) GIFTS, ETC.—The Secretary of Defense and 

21 the Secretary of State may accept and use in fur22 therance of the purposes of this section, money, 

23 funds, property, and services of any kind made avail24 able by gift, devise, bequest, grant, or otherwise for 

25 such purposes. 


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1 (f) FUNDING.— 

2 (1) IN GENERAL.—The Secretary of Defense 

3 may use up to $400,000,000 of funds made avail4 able to the Department of Defense for operation and 

5 maintenance for fiscal year 2011 to carry out the 

6 program authorized under subsection (a). 

7 (2) AVAILABILITY.—Funds made available by 

8 paragraph (1) are authorized to remain available 

9 until September 30, 2012. 

10 (g) CONGRESSIONAL NOTIFICATION.—The Secretary 

11 of Defense shall notify the appropriate congressional com12 mittees not less than 30 days before obligating or expend13 ing funds to carry out a project or transferring funds to 

14 the Secretary of State for the purpose of implementing 

15 a project under the program authorized under subsection 

16 (a). Such notification shall be in writing and contain a 

17 description of the details of the proposed project, includ18 ing— 

19 (1) a plan for the sustainment of the project; 

20 and 

21 (2) a description of how the project supports 

22 the counterinsurgency strategy in Afghanistan. 

23 (h) RETURN OF UNEXPENDED FUNDS.— 

24 (1) IN GENERAL.—Any unexpended funds 

25 transferred to the Secretary of State for the purpose 


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1 of implementing a project under the program au2 thorized under subsection (a) shall be returned to 

3 the Secretary of Defense if the Secretary of State, 

4 in coordination with the Secretary of Defense, deter5 mines that the project cannot be implemented for 

6 any reason or that the project no longer supports 

7 the counterinsurgency strategy in Afghanistan. 

8 (2) AVAILABILITY.—Any funds returned to the 

9 Secretary of Defense under this subsection shall be 

10 available for use under this section and shall be 

11 treated in the same manner as funds not transferred 

12 to the Secretary of State. 

13 (i) REPORTS.— 

14 (1) REPORT REQUIRED.—Not later than 30 

15 days after the end of each fiscal year in which funds 

16 are obligated, expended, or transferred under the 

17 program authorized under subsection (a), the Sec18 retary of Defense, in coordination with the Secretary 

19 of State, shall submit to the appropriate congres20 sional committees a report regarding implementation 

21 of the program during such fiscal year. 

22 (2) MATTERS TO BE INCLUDED.—The report 

23 required under paragraph (1) shall include the fol24 lowing: 


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1 (A) The allocation and use of funds under 

2 the program during the fiscal year. 

3 (B) A description of each project for which 

4 funds were expended or transferred during the 

5 fiscal year. 

6 (j) DEFINITION.—In this section, the term ‘‘appro7 priate congressional committees’’ means— 

8 (1) the Committee on Armed Services, the 

9 Committee on Foreign Affairs, and the Committee 

10 on Appropriations of the House of Representatives; 

11 and 

12 (2) the Committee on Armed Services, the 

13 Committee on Foreign Relations, and the Committee 

14 on Appropriations of the Senate. 

15 SEC. 1218. EXTENSION OF LOGISTICAL SUPPORT FOR COA16 LITION FORCES SUPPORTING OPERATIONS 

17 IN IRAQ AND AFGHANISTAN. 

18 Section 1234 of the National Defense Authorization 

19 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

20 394) is amended by striking ‘‘fiscal year 2008’’ each place 

21 it appears and inserting ‘‘fiscal year 2011’’. 


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1 SEC. 1219. RECOMMENDATIONS ON OVERSIGHT OF CON2 TRACTORS ENGAGED IN ACTIVITIES RELAT3 ING TO AFGHANISTAN. 

4 (a) RECOMMENDATIONS REQUIRED.—Not later than 

5 90 days after the date of the enactment of this Act, the 

6 Special Inspector General for Afghanistan Reconstruction 

7 shall, in consultation with the Inspector General of the De8 partment of Defense, the Inspector General of the United 

9 States Agency for International Development, and the In10 spector General of the Department of State— 

11 (1) issue recommendations on measures to in12 crease oversight of contractors engaged in activities 

13 relating to Afghanistan; 

14 (2) report on the status of efforts of the De15 partment of Defense, the United States Agency for 

16 International Development, and the Department of 

17 State to implement existing recommendations re18 garding oversight of such contractors; and 

19 (3) report on the extent to which military and 

20 security contractors or subcontractors engaged in ac21 tivities relating to Afghanistan have been responsible 

22 for the deaths of Afghan civilians. 

23 (b) ELEMENTS OF RECOMMENDATIONS.—The rec24 ommendations issued under subsection (a)(1) shall include 

25 recommendations for reducing the reliance of the United 

26 States on— 


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1 (1) military and security contractors or sub2 contractors engaged in activities relating to Afghani3 stan that have been responsible for the deaths of Af4 ghan civilians; and 

5 (2) Afghan militias or other armed groups that 

6 are not part of the Afghan National Security Forces. 

7 SEC. 1220. EXTENSION AND MODIFICATION OF PAKISTAN 

8 COUNTERINSURGENCY FUND. 

9 (a) EXTENSION.—Subsection (h) of section 1224 of 

10 the National Defense Authorization Act for Fiscal Year 

11 2010 (Public Law 111–84; 123 Stat. 2521) is amended 

12 by striking ‘‘September 30, 2010’’ both places it appears 

13 and inserting ‘‘September 30, 2011’’. 

14 (b) REQUIRED ELEMENTS OF ASSISTANCE.—Sub15 section (b) of such section is amended— 

16 (1) by redesignating paragraph (2) as para17 graph (3); and 

18 (2) by inserting after paragraph (1) the fol19 lowing new paragraph (2): 

20 ‘‘(2) REQUIRED ELEMENTS OF ASSISTANCE.— 

21 Assistance provided to the security forces of Paki22 stan under this section in a fiscal year after fiscal 

23 year 2010 shall be provided in a manner that pro24 motes— 


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1 ‘‘(A) observance of and respect for human 

2 rights and fundamental freedoms; and 

3 ‘‘(B) respect for legitimate civilian author4 ity within Pakistan.’’. 

5 Subtitle C—Reports and Other 

6 Matters 

7 SEC. 1231. ONE-YEAR EXTENSION OF REPORT ON 

8 PROGRESS TOWARD SECURITY AND STA9 BILITY IN AFGHANISTAN. 

10 Section 1230(a) of the National Defense Authoriza11 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 

12 Stat. 385), as amended by section 1236 of the National 

13 Defense Authorization Act for Fiscal Year 2010 (Public 

14 Law 111–81; 123 Stat. 2535), is further amended by 

15 striking ‘‘2011’’ and inserting ‘‘2012’’. 

16 SEC. 1232. TWO-YEAR EXTENSION OF UNITED STATES PLAN 

17 FOR SUSTAINING THE AFGHANISTAN NA18 TIONAL SECURITY FORCES. 

19 Section 1231(a) of the National Defense Authoriza20 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 

21 Stat. 390) is amended by striking ‘‘2010’’ and inserting 

22 ‘‘2012’’. 


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1 SEC. 1233. MODIFICATION OF REPORT ON RESPONSIBLE 

2 REDEPLOYMENT OF UNITED STATES ARMED 

3 FORCES FROM IRAQ. 

4 (a) REPORT REQUIRED.—Subsection (a) of section 

5 1227 of the National Defense Authorization Act for Fiscal 

6 Year 2010 (Public Law 111–84; 123 Stat. 2525; 50 

7 U.S.C. 1541 note) is amended— 

8 (1) by striking ‘‘December 31, 2009’’ and in9 serting ‘‘December 31, 2010’’; and 

10 (2) by striking ‘‘90 days thereafter’’ and insert11 ing ‘‘180 days thereafter’’. 

12 (b) ELEMENTS.—Subsection (b) of such section is 

13 amended— 

14 (1) in paragraph (5), by striking ‘‘Multi-Na15 tional Force–Iraq’’ each place it occurs and inserting 

16 ‘‘United States Forces–Iraq’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(6) An assessment of progress to transfer re19 sponsibility of programs, projects, and activities car20 ried out in Iraq by the Department of Defense to 

21 other United States Government departments and 

22 agencies, international or nongovernmental entities, 

23 or the Government of Iraq. The assessment should 

24 include a description of the numbers and categories 

25 of programs, projects, and activities for which such 

26 other entities have taken responsibility or which 


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1 have been discontinued by the Department of De2 fense. The assessment should also include a discus3 sion of any difficulties or barriers in transitioning 

4 such programs, projects, and activities and what, if 

5 any, solutions have been developed to address such 

6 difficulties or barriers. 

7 ‘‘(7) An assessment of progress toward the goal 

8 of building the minimum essential capabilities of the 

9 Ministry of Defense and the Ministry of the Interior 

10 of Iraq, including a description of— 

11 ‘‘(A) such capabilities both extant and re12 maining to be developed; 

13 ‘‘(B) major equipment necessary to achieve 

14 such capabilities; 

15 ‘‘(C) the level and type of support provided 

16 by the United States to address shortfalls in 

17 such capabilities; and 

18 ‘‘(D) the level of commitment, both finan19 cial and political, made by the Government of 

20 Iraq to develop such capabilities, including a 

21 discussion of resources used by the Government 

22 of Iraq to develop capabilities that the Sec23 retary determines are not minimum essential 

24 capabilities for purposes of this paragraph. 


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1 ‘‘(8) A listing and assessment of the anticipated 

2 level and type of support to be provided by United 

3 States special operations forces to the Government 

4 of Iraq and Iraqi special operations forces during 

5 the redeployment of United States conventional 

6 forces from Iraq. The assessment should include a 

7 listing of anticipated critical support from general 

8 purpose forces required by United States special op9 erations forces and Iraqi special operations forces. 

10 The assessment should also include combat support, 

11 including rotary aircraft and intelligence, surveil12 lance, and reconnaissance assets, combat service 

13 support, and contractor support needed through De14 cember 31, 2011.’’. 

15 (c) SECRETARY OF STATE COMMENTS.—Such section 

16 is further amended by striking subsection (c) and insert17 ing the following: 

18 ‘‘(c) SECRETARY OF STATE COMMENTS.—Prior to 

19 submitting the report required under subsection (a), the 

20 Secretary of Defense shall provide a copy of the report 

21 to the Secretary of State for review. At the request of the 

22 Secretary of State, the Secretary of Defense shall include 

23 an appendix to the report which contains any comments 

24 or additional information that the Secretary of State re25 quests.’’. 


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1 (d) FORM.—Subsection (d) of such section is amend2 ed by striking ‘‘, whether or not included in another report 

3 on Iraq submitted to Congress by the Secretary of De4 fense,’’. 

5 (e) TERMINATION.—Such section is further amended 

6 by adding at the end the following: 

7 ‘‘(f) TERMINATION.—The requirement to submit the 

8 report required under subsection (a) shall terminate on 

9 September 30, 2012.’’. 

10 (f) REPEAL OF OTHER REPORTING REQUIRE11 MENTS.—The following provisions of law are hereby re12 pealed: 

13 (1) Section 1227 of the National Defense Au14 thorization Act for Fiscal Year 2006 (Public Law 

15 109–163; 119 Stat. 3465; 50 U.S.C. 1541 note) (as 

16 amended by section 1223 of the National Defense 

17 Authorization Act for Fiscal Year 2008 (Public Law 

18 110–181; 122 Stat. 373)). 

19 (2) Section 1225 of the National Defense Au20 thorization Act for Fiscal Year 2008 (Public Law 

21 110–181; 122 Stat. 375). 

22 SEC. 1234. REPORT ON DEPARTMENT OF DEFENSE SUP23 PORT FOR COALITION OPERATIONS. 

24 (a) REPORT REQUIRED.—Not later than 90 days 

25 after the date of the enactment of this Act, the Secretary 


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1 of Defense shall submit to the Committee on Armed Serv2 ices of the Senate and the Committee on Armed Services 

3 of the House of Representatives a report on the implemen4 tation of the coalition support authorities of the Depart5 ment of Defense during Operation Iraqi Freedom and Op6 eration Enduring Freedom. 

7 (b) ELEMENTS.—The report required by subsection 

8 (a) shall include the following: 

9 (1) A description of the purpose and use of 

10 each coalition support authority of the Department 

11 of Defense. 

12 (2) For the period of Operation Enduring Free13 dom ending on September 30, 2010, a summary of 

14 the amount of training, equipment, services, or other 

15 assistance provided or loaned under any coalition 

16 support authority of the Department of Defense set 

17 forth, for each such authority, by amount provided 

18 or loaned during each fiscal year of such period for 

19 each recipient country. 

20 (3) For the period of Operation Iraqi Freedom 

21 ending on September 30, 2010, a summary of the 

22 amount of training, equipment, services, or other as23 sistance provided or loaned under any coalition sup24 port authority of the Department of Defense set 

25 forth, for each such authority, by amount provided 


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1 or loaned during each fiscal year of such period for 

2 each recipient country. 

3 (4) An assessment of the effectiveness of each 

4 coalition support authority of the Department of De5 fense in meeting its intended purpose. 

6 (5) For each recipient country of coalition sup7 port under a coalition support authority of the De8 partment of Defense— 

9 (A) a description of the contribution of 

10 such country to coalition operations in Oper11 ation Enduring Freedom or Operating Iraqi 

12 Freedom; and 

13 (B) an assessment of the extent to which 

14 coalition support provided by the United States 

15 enhanced the ability of such country to partici16 pate in coalition operations in Operation En17 during Freedom or Operating Iraqi Freedom. 

18 (6) A description of the actions taken by the 

19 Department Defense to eliminate duplication and 

20 overlap in coalition support provided under the coali21 tion support authorities of the Department of De22 fense. 

23 (7) An assessment by the Secretary of Defense 

24 whether there is an ongoing need for each coalition 

25 support authority of the Department of Defense, 


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1 and an estimate of the anticipated future demand 

2 for coalition support under such coalition support 

3 authorities. 

4 (c) COALITION SUPPORT AUTHORITIES OF THE DE5 PARTMENT OF DEFENSE DEFINED.—In this section, the 

6 term ‘‘coalition support authorities of the Department of 

7 Defense’’ means the following: 

8 (1) Coalition Support Funds, including the au9 thority to provide specialized training and loan spe10 cialized equipment under the Coalition Support 

11 Fund (commonly referred to as the ‘‘Coalition Read12 iness Support Program’’). 

13 (2) Lift and sustain authority under appropria14 tions Acts or under section 1234 of the National De15 fense Authorization Act for Fiscal Year 2008 (Pub16 lic Law 110–181; 122 Stat. 394). 

17 (3) Global lift and sustain authority under sec18 tion 127c of title 10, United States Code. 

19 (4) The authority to provide logistic support, 

20 supplies, and services to allied forces participating in 

21 combined operations under section 127d of title 10, 

22 United States Code. 

23 (5) The temporary authority to lend significant 

24 military equipment under acquisition and cross-serv25 icing agreements pursuant to section 1202 of the 


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1 John Warner National Defense Authorization Act 

2 for Fiscal Year 2007 (Public Law 109–364). 

3 (6) The authority under section 1206 of the 

4 National Defense Authorization Act for Fiscal Year 

5 2006 (Public Law 109–163) to provide assistance to 

6 build the capacity of foreign nations to support mili7 tary or stability operations in which the United 

8 States Armed Forces are a participant. 

9 (7) Any other authority that the Secretary of 

10 Defense designates as a coalition support authority 

11 of the Department of Defense for purposes of the re12 port required by subsection (a). 

13 SEC. 1235. REPORTS ON POLICE TRAINING PROGRAMS. 

14 (a) DOD INSPECTOR GENERAL REPORT ON AFGHAN

15 NATIONAL POLICE TRAINING PROGRAM.— 

16 (1) REPORT REQUIRED.—Not later than 180 

17 days after the date of the enactment of this Act, the 

18 Inspector General of the Department of Defense 

19 shall, in consultation with the Inspector General of 

20 the Department of State, submit to the appropriate 

21 committees of Congress a report on the Afghan Na22 tional Police training program. 

23 (2) REVIEW.—In preparing the report required 

24 by paragraph (1), the Inspector General of the De25 partment of Defense shall conduct a review of the 


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1 Afghan National Police training program that fo2 cuses on developments since the Inspector General of 

3 the Department of Defense and the Inspector Gen4 eral of the Department of State released the report 

5 entitled ‘‘Department of Defense Obligations and 

6 Expenditures of Funds Provided to the Department 

7 of State for the Training and Mentoring of the Af8 ghan National Police’’ (DODIG Report No. D– 

9 2010–042, DOSIG Report No. MERO–A–10–06, 

10 February 9, 2010). 

11 (3) ELEMENTS OF REPORT.—The report re12 quired by paragraph (1) shall include the following: 

13 (A) A description of the components, plan14 ning, and scope of the Afghan National Police 

15 training program since the United States as16 sumed control of the program in 2003. 

17 (B) A description of the cost to the United 

18 States of the Afghan National Police training 

19 program, including the source and amount of 

20 funding, and a description of the allocation of 

21 responsibility between the Department of De22 fense and the Department of State for funding 

23 the program. 

24 (C) A description of the allocation of re25 sponsibility between the Department of Defense 


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1 and the Department of State for the oversight 

2 and execution of the program. 

3 (D) A description of the personnel and 

4 staffing requirements for overseeing and exe5 cuting the program, both in the United States 

6 and in theater, including United States civilian 

7 government and military personnel, contractor 

8 personnel, and nongovernmental personnel, and 

9 non-United States civilian and military per10 sonnel, contractor personnel, and nongovern11 mental personnel. 

12 (E) An assessment of the cost, perform13 ance metrics, and planning associated with the 

14 transfer of administration of the contract for 

15 the Afghan National Police training program 

16 from the Department of State to the Depart17 ment of Defense. 

18 (b) GAO REPORT ON USE OF GOVERNMENT PER19 SONNEL RATHER THAN CONTRACTORS FOR TRAINING

20 AFGHAN NATIONAL POLICE.— 

21 (1) REPORT.—Not later than 1 year after the 

22 date of the enactment of this Act, the Comptroller 

23 General of the United States shall submit to the ap24 propriate committees of Congress a report on the 

25 use of United States Government personnel rather 


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1 than contractors for the training of the Afghan Na2 tional Police. 

3 (2) ELEMENTS.—The report required under 

4 paragraph (1) shall include the following: 

5 (A) A description of the roles and respon6 sibilities of contractors and United States Gov7 ernment personnel in the Afghan National Po8 lice training program and a description of how 

9 the division of roles and responsibilities between 

10 such contractors and personnel has been deter11 mined. 

12 (B) An assessment of the relative advan13 tages and disadvantages of using contractors or 

14 United States Government personnel in the Af15 ghan National Police training program, includ16 ing an assessment of— 

17 (i) the shortfalls and inefficiencies, if 

18 any, in contractor performance in the pro19 gram; and 

20 (ii) options for leveraging United 

21 States Government resources and capacity 

22 to address the shortfalls and inefficiencies 

23 described in clause (i) and to better ad24 dress current and future needs under the 

25 program. 


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1 (C) An assessment of the factors, such as 

2 oversight, cost considerations, performance, pol3 icy, and other factors, that would be impacted 

4 by transferring responsibilities for the perform5 ance of the Afghan National Police training 

6 program from contractors to United States 

7 Government personnel. 

8 (D) A review of the lessons learned from 

9 the execution and oversight of the police train10 ing program in Iraq, and any other relevant po11 lice training programs led by the Department of 

12 Defense, regarding the relative advantages and 

13 disadvantages of using United States Govern14 ment personnel or contractors to carry out po15 lice training programs for foreign nations. 

16 (c) REPORT ON GOVERNMENT POLICE TRAINING

17 AND EQUIPPING PROGRAMS.— 

18 (1) REPORT.—Not later than 1 year after the 

19 date of the enactment of this Act, the President 

20 shall submit to the appropriate committees of Con21 gress a report on United States Government police 

22 training and equipping programs outside the United 

23 States. 

24 (2) ELEMENTS.—The report required under 

25 paragraph (1) shall include the following: 


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1 (A) A list of all United States Government 

2 departments and agencies involved in imple3 menting police training and equipping pro4 grams. 

5 (B) A description of the scope, size, and 

6 components of all police training and equipping 

7 programs for fiscal years 2010 and 2011, to in8 clude for each such program— 

9 (i) the name of each country that re10 ceived assistance under the program; 

11 (ii) the types of recipient nation units 

12 receiving such assistance, including na13 tional police, gendarmerie, counternarcotics 

14 police, counterterrorism police, Formed Po15 lice Units, border security, and customs; 

16 (iii) the purpose and objectives of the 

17 program; 

18 (iv) the funding and personnel levels 

19 for the program in each such fiscal year; 

20 (v) the authority under which the pro21 gram is conducted; 

22 (vi) the name of the United States 

23 Government department or agency with 

24 lead responsibility for the program and the 

25 mechanisms for oversight of the program; 


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1 (vii) the extent to which the program 

2 is implemented by contractors or United 

3 States Government personnel; and 

4 (viii) the metrics for measuring the 

5 results of the program. 

6 (C) An assessment of the requirements for 

7 police training and equipping programs, and 

8 what changes, if any, are required to improve 

9 the capacity of the United States Government 

10 to meet such requirements. 

11 (D) An evaluation of the appropriate role 

12 of United States Government departments and 

13 agencies in coordinating on and carrying out 

14 police training and equipping programs. 

15 (E) An evaluation of the appropriate role 

16 of contractors in carrying out police training 

17 and equipping programs, and what modifica18 tions, if any, are needed to improve oversight of 

19 such contractors. 

20 (F) Recommendations for legislative modi21 fications, if any, to existing authorities relating 

22 to police training and equipping programs. 

23 (d) APPROPRIATE COMMITTEES OF CONGRESS DE24 FINED.—In this section, the term ‘‘appropriate commit25 tees of Congress’’ means— 


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1 (1) the Committees on Armed Services, Foreign 

2 Relations, Homeland Security and Governmental Af3 fairs, and Appropriations of the Senate; and 

4 (2) the Committees on Armed Services, Foreign 

5 Affairs, Oversight and Government Reform, and Ap6 propriations of the House of Representatives. 

7 SEC. 1236. REPORT ON CERTAIN IRAQIS AFFILIATED WITH 

8 THE UNITED STATES. 

9 (a) IN GENERAL.—Not later than 120 days after the 

10 date of the enactment of this Act, the Secretary of De11 fense, in consultation with the Secretary of State, the At12 torney General, the Secretary of Homeland Security, the 

13 Administrator of the United States Agency for Inter14 national Development, and the heads of other appropriate 

15 Federal agencies (as determined by the Secretary of De16 fense), shall submit to the Congress a report containing 

17 the information described in subsection (b). In preparing 

18 such report, the Secretary of Defense shall use available 

19 information from organizations and entities closely associ20 ated with the United States mission in Iraq that have re21 ceived United States Government funding through an offi22 cial and documented contract, award, grant, or coopera23 tive agreement. 

24 (b) INFORMATION.—The information described in 

25 this subsection is the following: 


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1 (1) The number of Iraqis who were or are em2 ployed by the United States Government in Iraq or 

3 who are or were employed in Iraq by an organization 

4 or entity closely associated with the United States 

5 mission in Iraq that has received United States Gov6 ernment funding through an official and documented 

7 contract, award, grant, or cooperative agreement. 

8 (2) The number of Iraqis who have applied— 

9 (A) for resettlement in the United States 

10 as a refugee under section 1243 of the Refugee 

11 Crisis in Iraq Act of 2007 (subtitle C of title 

12 XII of division A of Public Law 110–181; 122 

13 Stat. 395 et seq.); 

14 (B) to enter the United States as a special 

15 immigrant under section 1244 of such Act; or 

16 (C) to enter the United States as a special 

17 immigrant under section 1059 of the National 

18 Defense Authorization Act for Fiscal Year 2006 

19 (Public Law 109–163; 8 U.S.C. 1101 note). 

20 (3) The status of each application described in 

21 paragraph (2). 

22 (4) The estimated number of individuals de23 scribed in paragraph (1) who have been injured or 

24 killed in Iraq. 


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1 (c) EXPEDITED PROCESSING.—The Secretary of De2 fense, the Secretary of State, and the Secretary of Home3 land Security shall develop a plan using the report sub4 mitted under subsection (a) to expedite the processing of 

5 the applications described in subsection (b)(2) in the case 

6 of Iraqis at risk as the United States withdraws from Iraq. 

7 SEC. 1237. REPORT ON DEPARTMENT OF DEFENSE’S PLANS 

8 TO REFORM THE EXPORT CONTROL SYSTEM. 

9 (a) REPORT REQUIRED.—Not later than 120 days 

10 after the date of the enactment of this Act, the Secretary 

11 of Defense shall submit to the appropriate congressional 

12 committees a report on the Department of Defense’s plans 

13 to implement the reforms to the United States export con14 trol system recommended by the interagency task force es15 tablished at the direction of the President on August 13, 

16 2009. 

17 (b) MATTERS TO BE INCLUDED.—The report re18 quired under subsection (a) shall include an assessment 

19 of the extent to which the plans to reform the export con20 trol system will— 

21 (1) impact the Defense Technology Security 

22 Administration of the Department of Defense; 

23 (2) affect the role of the Department of De24 fense with respect to export control policy; and 


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1 (3) ensure greater protection and monitoring of 

2 militarily critical technologies. 

3 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means— 

6 (1) the Committee on Armed Services and the 

7 Committee on Foreign Affairs of the House of Rep8 resentatives; and 

9 (2) the Committee on Armed Services, the 

10 Committee on Banking, Housing, and Urban Af11 fairs, and the Committee on Foreign Relations of 

12 the Senate. 

13 SEC. 1238. REPORT ON UNITED STATES EFFORTS TO DE14 FEND AGAINST THREATS POSED BY THE 

15 ANTI-ACCESS AND AREA-DENIAL CAPABILI16 TIES OF CERTAIN NATION-STATES. 

17 (a) FINDING.—Congress finds that the 2010 report 

18 on the Department of Defense Quadrennial Defense Re19 view concludes that ‘‘[a]nti-access strategies seek to deny 

20 outside countries the ability to project power into a region, 

21 thereby allowing aggression or other destabilizing actions 

22 to be conducted by the anti-access power. Without domi23 nant capabilities to project power, the integrity of United 

24 States alliances and security partnerships could be called 


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1 into question, reducing United States security and influ2 ence and increasing the possibility of conflict’’. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that, in light of the finding in subsection (a), the 

5 Secretary of Defense should ensure that the United States 

6 has the appropriate authorities, capabilities, and force 

7 structure to defend against any potential future threats 

8 posed by the anti-access and area-denial capabilities of po9 tentially hostile foreign countries. 

10 (c) REPORT.—Not later than April 1, 2011, the Sec11 retary of Defense shall submit to the Committees on 

12 Armed Services of the Senate and the House of Represent13 atives a report on United States efforts to defend against 

14 any potential future threats posed by the anti-access and 

15 area-denial capabilities of potentially hostile nation-states. 

16 (d) ELEMENTS.—The report required under sub17 section (c) shall include the following: 

18 (1) An assessment of any potential future 

19 threats posed by the anti-access and area-denial ca20 pabilities of potentially hostile foreign countries, in21 cluding an identification of the foreign countries 

22 with such capabilities, the nature of such capabili23 ties, and the possible advances in such capabilities 

24 over the next 10 years. 


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1 (2) A description of any efforts by the Depart2 ment of Defense to address the potential future 

3 threats posed by the anti-access and area-denial ca4 pabilities of potentially hostile foreign countries. 

5 (3) A description of the authorities, capabilities, 

6 and force structure that the United States may re7 quire over the next 10 years to address the threats 

8 posed by the anti-access and area-denial capabilities 

9 of potentially hostile foreign countries. 

10 (e) FORM.—The report required under subsection (c) 

11 shall be submitted in unclassified form, but may contain 

12 a classified annex if necessary. 

13 (f) DEFINITIONS.—In this section— 

14 (1) the term ‘‘anti-access’’, with respect to ca15 pabilities, means any action that has the effect of 

16 slowing the deployment of friendly forces into a the17 ater, preventing such forces from operating from 

18 certain locations within that theater, or causing such 

19 forces to operate from distances farther from the 

20 locus of conflict than such forces would normally 

21 prefer; and 

22 (2) the term ‘‘area-denial’’, with respect to ca23 pabilities, means operations aimed to prevent free24 dom of action of friendly forces in the more narrow 

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1 tion-state’s direct control, including actions by an 

2 adversary in the air, on land, and on and under the 

3 sea to contest and prevent joint operations within a 

4 defended battlespace. 

5 SEC. 1239. DEFENSE SCIENCE BOARD REPORT ON DEPART6 MENT OF DEFENSE STRATEGY TO COUNTER 

7 VIOLENT EXTREMISM OUTSIDE THE UNITED 

8 STATES. 

9 (a) REPORT REQUIRED.—Not later than one year 

10 after the date of the enactment of this Act, the Defense 

11 Science Board shall submit to the Committees on Armed 

12 Services of the Senate and the House of Representatives 

13 a report on the strategy of the Department of Defense 

14 to counter violent extremism outside the United States. 

15 (b) ELEMENTS.—The report required by subsection 

16 (a) shall include, at a minimum, the following: 

17 (1) A review of the current strategy, research 

18 activities, resource allocations, and organizational 

19 structure of the Department of Defense for coun20 tering violent extremism outside the United States. 

21 (2) A review of interagency coordination and 

22 decision-making processes for executing and over23 seeing strategies and programs for countering vio24 lent extremism outside the United States. 


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1 (3) An analysis of alternatives and options 

2 available to the Department of Defense to counter 

3 violent extremism outside the United States. 

4 (4) An analysis of legal, policy, and strategy 

5 issues involving efforts to counter violent extremism 

6 outside the United States as such efforts potentially 

7 affect domestic efforts to interrupt radicalization ef8 forts within the United States. 

9 (5) An analysis of the current information cam10 paign of the Department of Defense against violent 

11 extremists outside the United States. 

12 (6) Such recommendations for further action to 

13 address the matters covered by the report as the De14 fense Science Board considers appropriate. 

15 (7) Such other matters as the Defense Science 

16 Board determines relevant. 

17 SEC. 1240. REPORT ON MERITS OF AN INCIDENTS AT SEA 

18 AGREEMENT BETWEEN THE UNITED STATES, 

19 IRAN, AND CERTAIN OTHER COUNTRIES. 

20 (a) REPORT REQUIRED.—Not later than 1 year after 

21 the date of the enactment of this Act, the Secretary of 

22 Defense, in coordination with the Secretary of State, shall 

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1 tween the United States, the Government of Iran, and 

2 other countries operating in the Persian Gulf aimed at 

3 preventing accidental naval conflict in the Persian Gulf 

4 and the Strait of Hormuz. 

5 (b) MATTERS TO BE INCLUDED.—Such assessment 

6 should consider and evaluate the current maritime secu7 rity situation in the Persian Gulf and the effect that such 

8 an agreement might have on military and other maritime 

9 activities in the region, as well as other United States re10 gional strategic interests. 

11 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE12 FINED.—In this section, the term ‘‘appropriate congres13 sional committees’’ means— 

14 (1) the Committee on Armed Services and the 

15 Committee on Foreign Affairs of the House of Rep16 resentatives; and 

17 (2) the Committee on Armed Services and the 

18 Committee on Foreign Relations of the Senate. 

19 SEC. 1241. REQUIREMENT TO MONITOR AND EVALUATE DE20 PARTMENT OF DEFENSE ACTIVITIES TO 

21 COUNTER VIOLENT EXTREMISM IN AFRICA. 

22 (a) IN GENERAL.—The Secretary of Defense, in con23 sultation with the Secretary of State, shall monitor and 

24 evaluate the impact of United States Africa Command 

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1 rica’s (CJTF–HOA) activities to counter violent extre2 mism in Africa, including civil affairs, psychological oper3 ations, humanitarian assistance, and operations to 

4 strengthen the capacity of partner nations. 

5 (b) REPORT.—Not later than 90 days after the date 

6 of the enactment of this Act, the Secretary of Defense 

7 shall submit to the appropriate congressional committees 

8 a report on the following: 

9 (1) An evaluation of the impact of CJTF– 

10 HOA’s activities described in subsection (a) to ad11 vance United States security objectives in the Horn 

12 of Africa, including the extent to which CJTF– 

13 HOA’s activities— 

14 (A) disrupt or deny terrorist networks; 

15 (B) combat violent extremist ideology; 

16 (C) are aligned with USAFRICOM’s mis17 sion; and 

18 (D) complement programs conducted by 

19 the United States Agency for International De20 velopment. 

21 (2) USAFRICOM’s efforts to monitor and 

22 evaluate the impact of CJTF–HOA’s activities de23 scribed in subsection (a), including— 


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1 (A) the means by which CJTF–HOA fol2 lows up on such activities to evaluate the effec3 tiveness of such activities; 

4 (B) USAFRICOM’s specific assessments 

5 of CJTF–HOA’s activities; and 

6 (C) a description of plans by the Secretary 

7 of Defense to make permanent CJTF–HOA’s 

8 presence in Djibouti. 

9 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE10 FINED.—In this section, the term ‘‘appropriate congres11 sional committees’’ means— 

12 (1) the Committee on Armed Services and the 

13 Committee on Foreign Affairs of the House of Rep14 resentatives; and 

15 (2) the Committee on Armed Services and the 

16 Committee on Foreign Relations of the Senate. 

17 SEC. 1242. NATO SPECIAL OPERATIONS HEADQUARTERS. 

18 (a) IN GENERAL.—Section 1244 of the National De19 fense Authorization Act for Fiscal Year 2010 (Public Law 

20 111–84; 123 Stat. 2541) is amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘fiscal year 2010’’ and in23 serting ‘‘fiscal year 2011’’; 

24 (B) by striking ‘‘pursuant to section 

25 301(1)’’; and 


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1 (C) by striking ‘‘$30,000,000’’ and insert2 ing ‘‘$50,000,000’’; 

3 (2) in subsection (b)— 

4 (A) by striking ‘‘NATO Special Operations 

5 Coordination Center’’ and inserting ‘‘NATO 

6 Special Operations Headquarters’’; and 

7 (B) by striking ‘‘NSCC’’ and inserting 

8 ‘‘NSHQ’’; and 

9 (3) in subsection (c), by striking ‘‘NSCC’’ each 

10 place it appears and inserting ‘‘NSHQ’’. 

11 (b) CONFORMING AMENDMENT.—The heading of 

12 such section is amended by striking ‘‘NATO SPECIAL OP13 ERATIONS COORDINATION CENTER’’ and inserting 

14 ‘‘NATO SPECIAL OPERATIONS HEADQUARTERS’’. 

15 SEC. 1243. NATIONAL MILITARY STRATEGY TO COUNTER 

16 IRAN AND REQUIRED BRIEFINGS. 

17 (a) NATIONAL MILITARY STRATEGY REQUIRED.— 

18 The Secretary of Defense shall develop a strategy, to be 

19 known as the ‘‘National Military Strategy to Counter 

20 Iran’’. The strategy should— 

21 (1) provide strategic guidance for activities of 

22 the Department of Defense that support the objec23 tive of countering threats posed by Iran; 

24 (2) undertake a review of the intelligence in the 

25 possession of the Department of Defense to develop 


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1 a list of gaps in intelligence that limit the ability of 

2 the Department of Defense to counter threats ema3 nating from Iran that the Secretary considers to be 

4 critical; 

5 (3) undertake a review of the ability of the De6 partment of Defense to counter threats to the 

7 United States, its forces, allies, and interests from 

8 Iran, including— 

9 (A) contributions of the Department of 

10 Defense to the efforts of other agencies of the 

11 United States Government to counter or ad12 dress the threat emanating from Iran; and 

13 (B) any gaps in the capabilities and au14 thorities of the Department. 

15 (b) BRIEFINGS TO CONGRESS.—Not later than 180 

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall brief the congressional defense 

18 committees in classified session regarding any resources, 

19 capabilities, or changes to current law the Secretary be20 lieves are necessary to address the gaps identified in the 

21 strategy required in subsection (a). 

22 TITLE XIII—COOPERATIVE 

23 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. 


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Sec. 1304. Plan for nonproliferation, proliferation prevention, and threat reduction activities with the People’s Republic of China. 

1 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE2 DUCTION PROGRAMS AND FUNDS. 

3 (a) SPECIFICATION OF COOPERATIVE THREAT RE4 DUCTION PROGRAMS.—For purposes of section 301 and 

5 other provisions of this Act, Cooperative Threat Reduction 

6 programs are the programs specified in section 1501 of 

7 the National Defense Authorization Act for Fiscal Year 

8 1997 (50 U.S.C. 2362 note). 

9 (b) FISCAL YEAR 2011 COOPERATIVE THREAT RE10 DUCTION FUNDS DEFINED.—As used in this title, the 

11 term ‘‘fiscal year 2011 Cooperative Threat Reduction 

12 funds’’ means the funds appropriated pursuant to the au13 thorization of appropriations in section 301 for Coopera14 tive Threat Reduction programs. 

15 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

16 pursuant to the authorization of appropriations in section 

17 301 for Cooperative Threat Reduction programs shall be 

18 available for obligation for fiscal years 2011, 2012, and 

19 2013. 

20 SEC. 1302. FUNDING ALLOCATIONS. 

21 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

22 $522,512,000 authorized to be appropriated to the De23 partment of Defense for fiscal year 2011 in section 

24 301(20) for Cooperative Threat Reduction programs, the 


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1 following amounts may be obligated for the purposes spec2 ified: 

3 (1) For strategic offensive arms elimination in 

4 Russia, $66,732,000. 

5 (2) For strategic nuclear arms elimination in 

6 Ukraine, $6,800,000. 

7 (3) For nuclear weapons storage security in 

8 Russia, $9,614,000. 

9 (4) For nuclear weapons transportation security 

10 in Russia, $45,000,000. 

11 (5) For weapons of mass destruction prolifera12 tion prevention in the states of the former Soviet 

13 Union, $79,821,000. 

14 (6) For biological threat reduction in the 

15 former Soviet Union, $209,034,000. 

16 (7) For chemical weapons destruction, 

17 $3,000,000. 

18 (8) For defense and military contacts, 

19 $5,000,000. 

20 (9) For Global Nuclear Lockdown, 

21 $74,471,000. 

22 (10) For activities designated as Other Assess23 ments/Administrative Costs, $23,040,000. 

24 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

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1 operative Threat Reduction funds may be obligated or ex2 pended for a purpose other than a purpose listed in para3 graphs (1) through (10) of subsection (a) until 15 days 

4 after the date that the Secretary of Defense submits to 

5 Congress a report on the purpose for which the funds will 

6 be obligated or expended and the amount of funds to be 

7 obligated or expended. Nothing in the preceding sentence 

8 shall be construed as authorizing the obligation or expend9 iture of fiscal year 2011 Cooperative Threat Reduction 

10 funds for a purpose for which the obligation or expendi11 ture of such funds is specifically prohibited under this title 

12 or any other provision of law. 

13 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

14 AMOUNTS.— 

15 (1) IN GENERAL.—Subject to paragraph (2), in 

16 any case in which the Secretary of Defense deter17 mines that it is necessary to do so in the national 

18 interest, the Secretary may obligate amounts appro19 priated for fiscal year 2011 for a purpose listed in 

20 paragraphs (1) through (10) of subsection (a) in ex21 cess of the specific amount authorized for that pur22 pose. 

23 (2) NOTICE-AND-WAIT REQUIRED.—An obliga24 tion of funds for a purpose stated in paragraphs (1) 

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1 cific amount authorized for such purpose may be 

2 made using the authority provided in paragraph (1) 

3 only after— 

4 (A) the Secretary submits to Congress no5 tification of the intent to do so together with a 

6 complete discussion of the justification for 

7 doing so; and 

8 (B) 15 days have elapsed following the 

9 date of the notification. 

10 SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISH11 MENT OF CENTERS OF EXCELLENCE IN 

12 COUNTRIES OUTSIDE OF THE FORMER SO13 VIET UNION. 

14 Not more than $500,000 of the fiscal year 2011 Co15 operative Threat Reduction funds may be obligated or ex16 pended to establish a center of excellence in a country that 

17 is not a state of the former Soviet Union until the date 

18 that is 15 days after the date on which the Secretary of 

19 Defense submits to the congressional defense committees 

20 a report that includes the following: 

21 (1) An identification of the country in which 

22 the center will be located. 

23 (2) A description of the purpose for which the 

24 center will be established. 


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1 (3) The agreement under which the center will 

2 operate. 

3 (4) A funding plan for the center, including— 

4 (A) the amount of funds to be provided by 

5 the government of the country in which the cen6 ter will be located; and 

7 (B) the percentage of the total cost of es8 tablishing and operating the center the funds 

9 described in subparagraph (A) will cover. 

10 SEC. 1304. PLAN FOR NONPROLIFERATION, PROLIFERA11 TION PREVENTION, AND THREAT REDUCTION 

12 ACTIVITIES WITH THE PEOPLE’S REPUBLIC 

13 OF CHINA. 

14 (a) IN GENERAL.—Not later than April 1, 2011, the 

15 Secretary of Defense and the Secretary of Energy shall 

16 jointly submit to the congressional defense committees a 

17 plan to carry out activities of the Department of Defense 

18 Cooperative Threat Reduction Program and the Depart19 ment of Energy Defense Nuclear Nonproliferation pro20 gram relating to nonproliferation, proliferation prevention, 

21 and threat reduction with the Government of the People’s 

22 Republic of China during fiscal years 2011 through 2016. 

23 (b) ELEMENTS.—The plan required by subsection (a) 

24 shall include the following: 


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1 (1) A description of the activities to be carried 

2 out under the plan. 

3 (2) A description of milestones and goals for 

4 such activities. 

5 (3) An estimate of the annual cost of such ac6 tivities. 

7 (4) An estimate of the amount of the total cost 

8 of such activities to be provided by the Government 

9 of the People’s Republic of China. 

10 TITLE XIV—OTHER 

11 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. 


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1 Subtitle A—Military Programs 

2 SEC. 1401. WORKING CAPITAL FUNDS. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2011 for the use of the Armed Forces and other 

5 activities and agencies of the Department of Defense for 

6 providing capital for working capital and revolving funds 

7 in amounts as follows: 

8 (1) For the Defense Working Capital Funds, 

9 $160,965,000. 

10 (2) For the Defense Working Capital Fund, 

11 Defense Commissary, $1,273,571,000. 

12 SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BAL13 ANCES. 

14 (a) STUDY REQUIRED.—Not later than 30 days after 

15 the date of the enactment of this Act, the Secretary of 

16 Defense shall seek to enter into a contract with a federally 

17 funded research and development center with appropriate 

18 expertise in revolving fund financial management to carry 

19 out a study to determine a sufficient operational level of 

20 cash that each revolving fund of the Department of De21 fense should maintain in order to sustain a single rate or 

22 price throughout the fiscal year. 

23 (b) CONTENTS OF STUDY.—In carrying out a study 

24 pursuant to a contract entered into under subsection (a), 


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1 the federally funded research and development center 

2 shall— 

3 (1) qualitatively analyze the operational require4 ments and inherent risks associated with maintain5 ing a specific level of cash within each revolving fund 

6 of the Department; 

7 (2) for each such revolving fund, take into con8 sideration any effects on appropriation accounts that 

9 have occurred due to changes made in the rates 

10 charged by the fund during a fiscal year; 

11 (3) take into consideration direct input from 

12 the Secretary of Defense and officials of each of the 

13 military departments with leadership responsibility 

14 for financial management; 

15 (4) examine the guidance provided and regula16 tions prescribed by the Secretary of Defense and the 

17 Secretary of each of the military departments, as in 

18 effect on the date of the enactment of this Act, in19 cluding such guidance with respect to programming 

20 and budgeting and the annual budget displays pro21 vided to Congress; 

22 (5) examine the effects on appropriations ac23 counts that have occurred due to congressional ad24 justments relating to excess cash balances in revolv25 ing funds; 


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1 (6) identify best business practices from the 

2 private sector relating to sufficient cash balance re3 serves; 

4 (7) examine any relevant applicable laws, in5 cluding the relevant body of work performed by the 

6 Government Accountability Office; and 

7 (8) address— 

8 (A) instances where the fiscal policy of the 

9 Department of Defense directly follows the law, 

10 as in effect on the date of the enactment of this 

11 Act, and instances where such policy is more re12 strictive with respect to the fiscal management 

13 of revolving funds than such law requires; 

14 (B) instances where current Department 

15 fiscal policy restricts the capability of a revolv16 ing fund to achieve the most economical and ef17 ficient organization and operation of activities; 

18 (C) fiscal policy adjustments required to 

19 comply with recommendations provided in the 

20 study, including proposed adjustments to— 

21 (i) the Department of Defense Finan22 cial Management Regulation; 

23 (ii) published service regulations and 

24 instructions; and 


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1 (iii) major command fiscal guidance; 

2 and 

3 (D) such other matters as determined rel4 evant by the center carrying out the study. 

5 (c) AVAILABILITY OF INFORMATION.—The Secretary 

6 of Defense and the Secretary of each of the military de7 partments shall make available to a federally funded re8 search and development center carrying out a study pursu9 ant to a contract entered into under subsection (a) all nec10 essary and relevant information to allow the center to con11 duct the study in a quantitative and analytical manner. 

12 (d) REPORT.—Any contract entered into under sub13 section (a) shall provide that not later than 9 months after 

14 the date on which the Secretary of Defense enters into 

15 the contract, the chief executive officer of the entity that 

16 carries out the study pursuant to the contract shall submit 

17 to the Committees on Armed Services of the Senate and 

18 House of Representatives and the Secretary of Defense 

19 a final report on the study. The report shall include each 

20 of the following: 

21 (1) A description of the revolving fund environ22 ment, as of the date of the conclusion of the study, 

23 and the anticipated future environment, together 

24 with the quantitative data used in conducting the as25 sessment of such environments under the study. 


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1 (2) Recommended fiscal policy adjustments to 

2 support the initiatives identified in the study, includ3 ing adjustments to— 

4 (A) the Department of Defense Financial 

5 Management Regulation; 

6 (B) published service regulations and in7 structions; and 

8 (C) major command fiscal guidance. 

9 (3) Recommendations with respect to any 

10 changes to any applicable law that would be appro11 priate to support the initiatives identified in the 

12 study. 

13 (e) SUBMITTAL OF COMMENTS.—Not later than 90 

14 days after the date of the submittal of the report under 

15 subsection (d), the Secretary of Defense and the Secre16 taries of each of the military departments shall submit to 

17 the Committees on Armed Services of the Senate and 

18 House of Representatives comments on the findings and 

19 recommendations contained in the report. 

20 SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL 

21 FUND REQUIREMENTS. 

22 Section 2208 of title 10, United States Code, is 

23 amended— 

24 (1) in subsection (c)(1), by inserting before the 

25 semicolon the following: ‘‘, including the cost of the 


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1 procurement and qualification of technology-en2 hanced maintenance capabilities that improve either 

3 reliability, maintainability, sustainability, or 

4 supportability and have, at a minimum, been dem5 onstrated to be functional in an actual system appli6 cation or operational environment’’; and 

7 (2) in subsection (k)(2), by striking ‘‘$100,000’’ 

8 and inserting ‘‘$250,000’’. 

9 SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITH10 IN THE PENTAGON RESERVATION MAINTE11 NANCE REVOLVING FUND. 

12 Not later than 60 days after the date of the enact13 ment of this Act, the Secretary of Defense shall transfer 

14 $53,000,000 from the unobligated balances of the Pen15 tagon Reservation Maintenance Revolving Fund estab16 lished under section 2674(e) of title 10, United States 

17 Code, to the Miscellaneous Receipts Fund of the United 

18 States Treasury. 

19 SEC. 1405. NATIONAL DEFENSE SEALIFT FUND. 

20 Funds are hereby authorized to be appropriated for 

21 the fiscal year 2011 for the National Defense Sealift Fund 

22 in the amount of $934,866,000. 


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1 SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUC2 TION, DEFENSE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated for the Depart5 ment of Defense for fiscal year 2011 for expenses, not oth6 erwise provided for, for Chemical Agents and Munitions 

7 Destruction, Defense, in the amount of $1,467,307,000, 

8 of which— 

9 (1) $1,067,364,000 is for Operation and Main10 tenance; 

11 (2) $392,811,000 is for Research, Development, 

12 Test, and Evaluation; and 

13 (3) $7,132,000 is for Procurement. 

14 (b) USE.—Amounts authorized to be appropriated 

15 under subsection (a) are authorized for— 

16 (1) the destruction of lethal chemical agents 

17 and munitions in accordance with section 1412 of 

18 the Department of Defense Authorization Act, 1986 

19 (50 U.S.C. 1521), as amended by section 1421 of 

20 this Act; and 

21 (2) the destruction of chemical warfare materiel 

22 of the United States that is not covered by section 

23 1412 of such Act. 


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1 SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for 

4 the Department of Defense for fiscal year 2011 for ex5 penses, not otherwise provided for, for Drug Interdiction 

6 and Counter-Drug Activities, Defense-wide, in the amount 

7 of $1,160,851,000. 

8 SEC. 1408. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for 

10 the Department of Defense for fiscal year 2011 for ex11 penses, not otherwise provided for, for the Office of the 

12 Inspector General of the Department of Defense, in the 

13 amount of $317,154,000. 

14 SEC. 1409. DEFENSE HEALTH PROGRAM. 

15 Funds are hereby authorized to be appropriated for 

16 the Department of Defense for fiscal year 2011 for ex17 penses, not otherwise provided for, for the Defense Health 

18 Program, in the amount of $30,959,611,000. 

19 Subtitle B—National Defense 

20 Stockpile 

21 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

22 STOCKPILE FUNDS. 

23 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis24 cal year 2011, the National Defense Stockpile Manager 

25 may obligate up to $41,181,000 of the funds in the Na26 tional Defense Stockpile Transaction Fund established 


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1 under subsection (a) of section 9 of the Strategic and Crit2 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

3 authorized uses of such funds under subsection (b)(2) of 

4 such section, including the disposal of hazardous materials 

5 that are environmentally sensitive. 

6 (b) ADDITIONAL OBLIGATIONS.—The National De7 fense Stockpile Manager may obligate amounts in excess 

8 of the amount specified in subsection (a) if the National 

9 Defense Stockpile Manager notifies Congress that extraor10 dinary or emergency conditions necessitate the additional 

11 obligations. The National Defense Stockpile Manager may 

12 make the additional obligations described in the notifica13 tion after the end of the 45-day period beginning on the 

14 date on which Congress receives the notification. 

15 (c) LIMITATIONS.—The authorities provided by this 

16 section shall be subject to such limitations as may be pro17 vided in appropriations Acts. 

18 SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES 

19 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

20 FROM THE NATIONAL DEFENSE STOCKPILE. 

21 Section 3402(b)(5) of the National Defense Author22 ization Act for Fiscal Year 2000 (50 U.S.C. 98d note), 

23 as most recently amended by section 1412(a) of the Na24 tional Defense Authorization Act for Fiscal Year 2008 


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1 (Public Law 110–181; 122 Stat. 418), is amended by 

2 striking ‘‘$710,000,000’’ and inserting ‘‘$730,000,000’’. 

3 Subtitle C—Chemical 

4 Demilitarization Matters 

5 SEC. 1421. CONSOLIDATION AND REORGANIZATION OF 

6 STATUTORY AUTHORITY FOR DESTRUCTION 

7 OF UNITED STATES STOCKPILE OF LETHAL 

8 CHEMICAL AGENTS AND MUNITIONS. 

9 (a) RESTATEMENT OF STATUTORY AUTHORITY

10 WITH CONSOLIDATION AND REORGANIZATION.—Section 

11 1412 of the National Defense Authorization Act, 1986 (50 

12 U.S.C. 1521) is amended to read as follows: 

13 ‘‘SEC. 1412. DESTRUCTION OF EXISTING STOCKPILE OF LE14 THAL CHEMICAL AGENTS AND MUNITIONS. 

15 ‘‘(a) IN GENERAL.—The Secretary of Defense shall, 

16 in accordance with the provisions of this section, carry out 

17 the destruction of the United States’ stockpile of lethal 

18 chemical agents and munitions that exists on November 

19 8, 1985. 

20 ‘‘(b) DATE FOR COMPLETION.—(1) The destruction 

21 of such stockpile shall be completed by the stockpile elimi22 nation deadline. 

23 ‘‘(2) If the Secretary of Defense determines at any 

24 time that there will be a delay in meeting the requirement 

25 in paragraph (1) for the completion of the destruction of 


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1 chemical weapons by the stockpile elimination deadline, 

2 the Secretary shall immediately notify the Committee on 

3 Armed Services of the Senate and the Committee on 

4 Armed Services of the House of Representatives of that 

5 projected delay. 

6 ‘‘(3) For purposes of this section, the term ‘stockpile 

7 elimination deadline’ means the deadline established by 

8 the Chemical Weapons Convention, but not later than De9 cember 31, 2017. 

10 ‘‘(c) INITIATION OF DEMILITARIZATION OPER11 ATIONS.—The Secretary of Defense may not initiate de12 struction of the chemical munitions stockpile stored at a 

13 site until the following support measures are in place: 

14 ‘‘(1) Support measures that are required by De15 partment of Defense and Army chemical surety and 

16 security program regulations. 

17 ‘‘(2) Support measures that are required by the 

18 general and site chemical munitions demilitarization 

19 plans specific to that installation. 

20 ‘‘(3) Support measures that are required by the 

21 permits required by the Solid Waste Disposal Act 

22 (42 U.S.C. 6901 et seq.) and the Clean Air Act (42 

23 U.S.C. 7401 et seq.) for chemical munitions demili24 tarization operations at that installation, as ap25 proved by the appropriate State regulatory agencies. 


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1 ‘‘(d) ENVIRONMENTAL PROTECTION AND USE OF

2 FACILITIES.—(1) In carrying out the requirement of sub3 section (a), the Secretary of Defense shall provide for— 

4 ‘‘(A) maximum protection for the environment, 

5 the general public, and the personnel who are in6 volved in the destruction of the lethal chemical 

7 agents and munitions referred to in subsection (a), 

8 including but not limited to the use of technologies 

9 and procedures that will minimize risk to the public 

10 at each site; and 

11 ‘‘(B) adequate and safe facilities designed solely 

12 for the destruction of lethal chemical agents and 

13 munitions. 

14 ‘‘(2) Facilities constructed to carry out this section 

15 shall, when no longer needed for the purposes for which 

16 they were constructed, be disposed of in accordance with 

17 applicable laws and regulations and mutual agreements 

18 between the Secretary of the Army and the Governor of 

19 the State in which the facility is located. 

20 ‘‘(3)(A) Facilities constructed to carry out this sec21 tion may not be used for a purpose other than the destruc22 tion of the stockpile of lethal chemical agents and muni23 tions that exists on November 8, 1985. 

24 ‘‘(B) The prohibition in subparagraph (A) shall not 

25 apply with respect to items designated by the Secretary 


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1 of Defense as lethal chemical agents, munitions, or related 

2 materials after November 8, 1985, if the State in which 

3 a destruction facility is located issues the appropriate per4 mit or permits for the destruction of such items at the 

5 facility. 

6 ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS.— 

7 (1)(A) In order to carry out subsection (d)(1)(A), the Sec8 retary of Defense may make grants to State and local gov9 ernments and to tribal organizations (either directly or 

10 through the Federal Emergency Management Agency) to 

11 assist those governments and tribal organizations in car12 rying out functions relating to emergency preparedness 

13 and response in connection with the disposal of the lethal 

14 chemical agents and munitions referred to in subsection 

15 (a). Funds available to the Department of Defense for the 

16 purpose of carrying out this section may be used for such 

17 grants. 

18 ‘‘(B) Additionally, the Secretary may provide funds 

19 through cooperative agreements with State and local gov20 ernments, and with tribal organizations, for the purpose 

21 of assisting them in processing, approving, and overseeing 

22 permits and licenses necessary for the construction and 

23 operation of facilities to carry out this section. The Sec24 retary shall ensure that funds provided through such a 


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1 cooperative agreement are used only for the purpose set 

2 forth in the preceding sentence. 

3 ‘‘(C) In this paragraph, the term ‘tribal organization’ 

4 has the meaning given that term in section 4(l) of the In5 dian Self-Determination and Education Assistance Act 

6 (25 U.S.C. 450b(l)). 

7 ‘‘(2)(A) In coordination with the Secretary of the 

8 Army and in accordance with agreements between the Sec9 retary of the Army and the Administrator of the Federal 

10 Emergency Management Agency, the Administrator shall 

11 carry out a program to provide assistance to State and 

12 local governments in developing capabilities to respond to 

13 emergencies involving risks to the public health or safety 

14 within their jurisdictions that are identified by the Sec15 retary as being risks resulting from— 

16 ‘‘(i) the storage of lethal chemical agents and 

17 munitions referred to in subsection (a) at military 

18 installations in the continental United States; or 

19 ‘‘(ii) the destruction of such agents and muni20 tions at facilities referred to in subsection (d)(1)(B). 

21 ‘‘(B) Assistance may be provided under this para22 graph for capabilities to respond to emergencies involving 

23 an installation or facility as described in subparagraph (A) 

24 until the earlier of the following: 


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1 ‘‘(i) The date of the completion of all grants 

2 and cooperative agreements with respect to the in3 stallation or facility for purposes of this paragraph 

4 between the Federal Emergency Management Agen5 cy and the State and local governments concerned. 

6 ‘‘(ii) The date that is 180 days after the date 

7 of the completion of the destruction of lethal chem8 ical agents and munitions at the installation or facil9 ity. 

10 ‘‘(C) Not later than December 15 of each year, the 

11 Administrator shall transmit a report to Congress on the 

12 activities carried out under this paragraph during the fis13 cal year preceding the fiscal year in which the report is 

14 submitted. 

15 ‘‘(f) REQUIREMENT FOR STRATEGIC PLAN.—(1) The 

16 Under Secretary of Defense for Acquisition, Technology, 

17 and Logistics and the Secretary of the Army shall jointly 

18 prepare, and from time to time shall update as appro19 priate, a strategic plan for future activities for destruction 

20 of the United States’ stockpile of lethal chemical agents 

21 and munitions. 

22 ‘‘(2) The plan shall include, at a minimum, the fol23 lowing considerations: 

24 ‘‘(A) Realistic budgeting for stockpile destruc25 tion and related support programs. 


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1 ‘‘(B) Contingency planning for foreseeable or 

2 anticipated problems. 

3 ‘‘(C) A management approach and associated 

4 actions that address compliance with the obligations 

5 of the United States under the Chemical Weapons 

6 Convention and that take full advantage of opportu7 nities to accelerate destruction of the stockpile. 

8 ‘‘(3) The Secretary of Defense shall each year submit 

9 to the Committee on the Armed Services of the Senate 

10 and the Committee on Armed Services of the House of 

11 Representatives the strategic plan as most recently pre12 pared and updated under paragraph (1). Such submission 

13 shall be made each year at the time of the submission to 

14 the Congress that year of the President’s budget for the 

15 next fiscal year. 

16 ‘‘(g) MANAGEMENT ORGANIZATION.—(1) In carrying 

17 out this section, the Secretary of Defense shall provide for 

18 a management organization within the Department of the 

19 Army. The Secretary of the Army shall be responsible for 

20 management of the destruction of agents and munitions 

21 at all sites except Blue Grass Army Depot, Kentucky, and 

22 Pueblo Chemical Depot, Colorado 

23 ‘‘(2) The program manager for the Assembled Chem24 ical Weapons Alternative Program shall be responsible for 

25 management of the construction, operation, and closure, 


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1 and any contracting relating thereto, of chemical demili2 tarization activities at Bluegrass Army Depot, Kentucky, 

3 and Pueblo Army Depot, Colorado, including management 

4 of the pilot-scale facility phase of the alternative tech5 nology selected for the destruction of lethal chemical muni6 tions. In performing such management, the program man7 ager shall act independently of the Army program man8 ager for Chemical Demilitarization and shall report to the 

9 Under Secretary of Defense for Acquisition, Technology, 

10 and Logistics 

11 ‘‘(3) The Secretary of Defense shall designate a gen12 eral officer or civilian equivalent as the director of the 

13 management organization established under paragraph 

14 (1). Such officer shall have— 

15 ‘‘(A) experience in the acquisition, storage, and 

16 destruction of chemical agents and munitions; and 

17 ‘‘(B) outstanding qualifications regarding safety 

18 in handling chemical agents and munitions. 

19 ‘‘(h) IDENTIFICATION OF FUNDS.—(1) Funds for 

20 carrying out this section, including funds for military con21 struction projects necessary to carry out this section, shall 

22 be set forth in the budget of the Department of Defense 

23 for any fiscal year as a separate account. Such funds shall 

24 not be included in the budget accounts for any military 

25 department. 


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1 ‘‘(2) Amounts appropriated to the Secretary of De2 fense for the purpose of carrying out subsection (e) shall 

3 be promptly made available to the Administrator of the 

4 Federal Emergency Management Agency. 

5 ‘‘(i) ANNUAL REPORTS.—(1) Except as provided by 

6 paragraph (3), the Secretary of Defense shall transmit, 

7 by December 15 each year, a report to Congress on the 

8 activities carried out under this section during the fiscal 

9 year ending on September 30 of the calendar year in which 

10 the report is to be made. 

11 ‘‘(2) Each annual report shall include the following: 

12 ‘‘(A) A site-by-site description of the construc13 tion, equipment, operation, and dismantling of facili14 ties (during the fiscal year for which the report is 

15 made) used to carry out the destruction of agents 

16 and munitions under this section, including any acci17 dents or other unplanned occurrences associated 

18 with such construction and operation. 

19 ‘‘(B) A site-by-site description of actions taken 

20 to assist State and local governments (either directly 

21 or through the Federal Emergency Management 

22 Agency) in carrying out functions relating to emer23 gency preparedness and response in accordance with 

24 subsection (e). 


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1 ‘‘(C) An accounting of all funds expended (dur2 ing such fiscal year) for activities carried out under 

3 this section, with a separate accounting for amounts 

4 expended for— 

5 ‘‘(i) the construction of and equipment for 

6 facilities used for the destruction of agents and 

7 munitions; 

8 ‘‘(ii) the operation of such facilities; 

9 ‘‘(iii) the dismantling or other closure of 

10 such facilities; 

11 ‘‘(iv) research and development; 

12 ‘‘(v) program management; 

13 ‘‘(vi) travel and associated travel costs for 

14 Citizens’ Advisory Commissioners under sub15 section (m)(7); and 

16 ‘‘(vii) grants to State and local govern17 ments to assist those governments in carrying 

18 out functions relating to emergency prepared19 ness and response in accordance with sub20 section (e). 

21 ‘‘(D) An assessment of the safety status and 

22 the integrity of the stockpile of lethal chemical 

23 agents and munitions subject to this section, includ24 ing— 


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1 ‘‘(i) an estimate on how much longer that 

2 stockpile can continue to be stored safely; 

3 ‘‘(ii) a site-by-site assessment of the safety 

4 of those agents and munitions; and 

5 ‘‘(iii) a description of the steps taken (to 

6 the date of the report) to monitor the safety 

7 status of the stockpile and to mitigate any fur8 ther deterioration of that status. 

9 ‘‘(3) The Secretary shall transmit the final report 

10 under paragraph (1) not later than 120 days following the 

11 completion of activities under this section. 

12 ‘‘(j) SEMIANNUAL REPORTS.—(1) Not later than 

13 March 1 and September 1 each year until the year in 

14 which the United States completes the destruction of its 

15 entire stockpile of chemical weapons under the terms of 

16 the Chemical Weapons Convention, the Secretary of De17 fense shall submit to the members and committees of Con18 gress referred to in paragraph (3) a report on the imple19 mentation by the United States of its chemical weapons 

20 destruction obligations under the Chemical Weapons Con21 vention. 

22 ‘‘(2) Each report under paragraph (1) shall include 

23 the following: 

24 ‘‘(A) The anticipated schedule at the time of 

25 such report for the completion of destruction of 


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1 chemical agents, munitions, and materiel at each 

2 chemical weapons demilitarization facility in the 

3 United States. 

4 ‘‘(B) A description of the options and alter5 natives for accelerating the completion of chemical 

6 weapons destruction at each such facility, particu7 larly in time to meet the stockpile elimination dead8 line. 

9 ‘‘(C) A description of the funding required to 

10 achieve each of the options for destruction described 

11 under subparagraph (B), and a detailed life-cycle 

12 cost estimate for each of the affected facilities in13 cluded in each such funding profile. 

14 ‘‘(D) A description of all actions being taken by 

15 the United States to accelerate the destruction of its 

16 entire stockpile of chemical weapons, agents, and 

17 materiel in order to meet the current stockpile elimi18 nation deadline under the Chemical Weapons Con19 vention of April 29, 2012, or as soon thereafter as 

20 possible. 

21 ‘‘(3) The members and committees of Congress re22 ferred to in this paragraph are— 

23 ‘‘(A) the majority leader and the minority lead24 er of the Senate and the Committee on Armed ServVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 ices and the Committee on Appropriations of the 

2 Senate; and 

3 ‘‘(B) the Speaker of the House of Representa4 tives, the majority leader and the minority leader of 

5 the House of Representatives, and the Committee on 

6 Armed Services and the Committee on Appropria7 tions of the House of Representatives. 

8 ‘‘(k) AUTHORIZED USE OF TOXIC CHEMICALS.— 

9 Consistent with United States obligations under the 

10 Chemical Weapons Convention, the Secretary of Defense 

11 may develop, produce, otherwise acquire, retain, transfer, 

12 and use toxic chemicals and their precursors for purposes 

13 not prohibited by the Chemical Weapons Convention if the 

14 types and quantities of such chemicals and precursors are 

15 consistent with such purposes, including for protective 

16 purposes such as protection against toxic chemicals and 

17 protection against chemical weapons. 

18 ‘‘(l) SURVEILLANCE AND ASSESSMENT PROGRAM.— 

19 The Secretary of Defense shall conduct an ongoing com20 prehensive program of— 

21 ‘‘(1) surveillance of the existing United States 

22 stockpile of chemical weapons; and 

23 ‘‘(2) assessment of the condition of the stock24 pile. 


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1 ‘‘(m) CHEMICAL DEMILITARIZATION CITIZENS’ AD2 VISORY COMMISSIONS.—(1)(A) The Secretary of the Army 

3 shall establish a citizens’ commission for each State in 

4 which there is a chemical demilitarization facility under 

5 Army management. 

6 ‘‘(B) The Assistant Secretary of Defense for Nuclear, 

7 Chemical, and Biological Defense Programs shall establish 

8 a chemical demilitarization citizens’ commission in Colo9 rado and in Kentucky. 

10 ‘‘(C) Each commission under this subsection shall be 

11 known as the ‘Chemical Demilitarization Citizens’ Advi12 sory Commission’ for the State concerned. 

13 ‘‘(2)(A) The Secretary of the Army, or the Depart14 ment of Defense with respect to Colorado and Kentucky, 

15 shall provide for a representative to meet with each com16 mission established under this subsection to receive citizen 

17 and State concerns regarding the ongoing program for the 

18 disposal of the lethal chemical agents and munitions in 

19 the stockpile referred to in subsection (a) at each of the 

20 sites with respect to which a commission is established 

21 pursuant to paragraph (1). 

22 ‘‘(B) The Secretary of the Army shall provide for a 

23 representative from the Office of the Assistant Secretary 

24 of the Army (Acquisition, Logistics, and Technology) to 

25 meet with each commission under Army management. 


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1 ‘‘(C) The Department of Defense shall provide for a 

2 representative from the Office of the Assistant Secretary 

3 of Defense for Nuclear, Chemical, and Biological Defense 

4 Programs to meet with the commissions in Colorado and 

5 Kentucky. 

6 ‘‘(3)(A) Each commission under this subsection shall 

7 be composed of nine members appointed by the Governor 

8 of the State. Seven of such members shall be citizens from 

9 the local affected areas in the State. The other two shall 

10 be representatives of State government who have direct 

11 responsibilities related to the chemical demilitarization 

12 program. 

13 ‘‘(B) For purposes of this paragraph, affected areas 

14 are those areas located within a 50-mile radius of a chem15 ical weapons storage site. 

16 ‘‘(4) For a period of five years after the termination 

17 of any commission under this subsection, no corporation, 

18 partnership, or other organization in which a member of 

19 that commission, a spouse of a member of that commis20 sion, or a natural or adopted child of a member of that 

21 commission has an ownership interest may be awarded— 

22 ‘‘(A) a contract related to the disposal of lethal 

23 chemical agents or munitions in the stockpile re24 ferred to in subsection (a); or 

25 ‘‘(B) a subcontract under such a contract. 


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1 ‘‘(5) The members of each commission under this 

2 subsection shall designate the chair of such commission 

3 from among the members of such commission. 

4 ‘‘(6) Each commission under this subsection shall 

5 meet with a representative from the Army, or the Office 

6 of the Assistant Secretary of Defense for Nuclear, Chem7 ical, and Biological Defense Programs with respect to the 

8 commissions in Colorado and Kentucky, upon joint agree9 ment between the chair of such commission and that rep10 resentative. The two parties shall meet not less often than 

11 twice a year and may meet more often at their discretion. 

12 ‘‘(7) Members of each commission under this sub13 section shall receive no pay for their involvement in the 

14 activities of their commissions. Funds appropriated for the 

15 Chemical Stockpile Demilitarization Program may be used 

16 for travel and associated travel costs for commissioners 

17 of commissions under this subsection when such travel is 

18 conducted at the invitation of the Assistant Secretary of 

19 the Army (Acquisition, Logistics, and Technology) or the 

20 invitation of the Assistant Secretary of Defense for Nu21 clear, Chemical, and Biological Defense Programs for the 

22 commissions in Colorado and Kentucky. 

23 ‘‘(8) Each commission under this subsection shall be 

24 terminated after the closure activities required pursuant 

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1 vironmental Protection Agency pursuant to the Solid 

2 Waste Disposal Act (42 U.S.C. 6901 et seq.) have been 

3 completed for the chemical agent destruction facility in 

4 such commission’s State, or upon the request of the Gov5 ernor of such commission’s State, whichever occurs first. 

6 ‘‘(n) INCENTIVE CLAUSES IN CHEMICAL DEMILI7 TARIZATION CONTRACTS.—(1)(A) The Secretary of De8 fense may, for the purpose specified in paragraph (B), au9 thorize the inclusion of an incentives clause in any con10 tract for the destruction of the United States stockpile of 

11 lethal chemical agents and munitions carried out pursuant 

12 to subsection (a). 

13 ‘‘(B) The purpose of a clause referred to in subpara14 graph (A) is to provide the contractor for a chemical de15 militarization facility an incentive to accelerate the safe 

16 elimination of the United States chemical weapons stock17 pile and to reduce the total cost of the Chemical Demili18 tarization Program by providing incentive payments for 

19 the early completion of destruction operations and the clo20 sure of such facility. 

21 ‘‘(2)(A) An incentives clause under this subsection 

22 shall permit the contractor for the chemical demilitariza23 tion facility concerned the opportunity to earn incentive 

24 payments for the completion of destruction operations and 


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1 facility closure activities within target incentive ranges 

2 specified in such clause. 

3 ‘‘(B) The maximum incentive payment under an in4 centives clause with respect to a chemical demilitarization 

5 facility may not exceed the following amounts: 

6 ‘‘(i) In the case of an incentive payment for the 

7 completion of destruction operations within the tar8 get incentive range specified in such clause, 

9 $110,000,000. 

10 ‘‘(ii) In the case of an incentive payment for the 

11 completion of facility closure activities within the 

12 target incentive range specified in such clause, 

13 $55,000,000. 

14 ‘‘(C) An incentives clause in a contract under this 

15 section shall specify the target incentive ranges of costs 

16 for completion of destruction operations and facility clo17 sure activities, respectively, as jointly agreed upon by the 

18 contracting officer and the contractor concerned. An in19 centives clause shall require a proportionate reduction in 

20 the maximum incentive payment amounts in the event 

21 that the contractor exceeds an agreed-upon target cost if 

22 such excess costs are the responsibility of the contractor. 

23 ‘‘(D) The amount of the incentive payment earned 

24 by a contractor for a chemical demilitarization facility 

25 under an incentives clause under this subsection shall be 


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1 based upon a determination by the Secretary on how early 

2 in the target incentive range specified in such clause de3 struction operations or facility closure activities, as the 

4 case may be, are completed. 

5 ‘‘(E) The provisions of any incentives clause under 

6 this subsection shall be consistent with the obligation of 

7 the Secretary of Defense under subsection (d)(1)(A), to 

8 provide for maximum protection for the environment, the 

9 general public, and the personnel who are involved in the 

10 destruction of the lethal chemical agents and munitions. 

11 ‘‘(F) In negotiating the inclusion of an incentives 

12 clause in a contract under this subsection, the Secretary 

13 may include in such clause such additional terms and con14 ditions as the Secretary considers appropriate. 

15 ‘‘(3)(A) No payment may be made under an incen16 tives clause under this subsection unless the Secretary de17 termines that the contractor concerned has satisfactorily 

18 performed its duties under such incentives clause. 

19 ‘‘(B) An incentives clause under this subsection shall 

20 specify that the obligation of the Government to make 

21 payment under such incentives clause is subject to the 

22 availability of appropriations for that purpose. Amounts 

23 appropriated for Chemical Agents and Munitions Destruc24 tion, Defense, shall be available for payments under incen25 tives clauses under this subsection. 


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1 ‘‘(o) DEFINITIONS.—In this section: 

2 ‘‘(1) The term ‘chemical agent and munition’ 

3 means an agent or munition that, through its chem4 ical properties, produces lethal or other damaging ef5 fects on human beings, except that such term does 

6 not include riot control agents, chemical herbicides, 

7 smoke and other obscuration materials. 

8 ‘‘(2) The term ‘Chemical Weapons Convention’ 

9 means the Convention on the Prohibition of Develop10 ment, Production, Stockpiling and Use of Chemical 

11 Weapons and on Their Destruction, with annexes, 

12 done at Paris, January 13, 1993, and entered into 

13 force April 29, 1997 (T. Doc. 103–21). 

14 ‘‘(3) The term ‘lethal chemical agent and muni15 tion’ means a chemical agent or munition that is de16 signed to cause death, through its chemical prop17 erties, to human beings in field concentrations. 

18 ‘‘(4) The term ‘destruction’ means, with respect 

19 to chemical munitions or agents— 

20 ‘‘(A) the demolishment of such munitions 

21 or agents by incineration or by any other 

22 means; or 

23 ‘‘(B) the dismantling or other disposal of 

24 such munitions or agents so as to make them 


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1 useless for military purposes and harmless to 

2 human beings under normal circumstances.’’. 

3 (b) REPEAL OF LAWS RESTATED IN SECTION 1412 

4 AND OBSOLETE PROVISIONS OF LAW.—The following pro5 visions of law are repealed: 

6 (1) Section 125 of the National Defense Au7 thorization Act for Fiscal Years 1988 and 1989 

8 (Public Law 100–180; 101 Stat. 1043; 50 U.S.C. 

9 1521 note). 

10 (2) Sections 172, 174, 175, and 180 of the Na11 tional Defense Authorization Act for Fiscal Year 

12 1993 (Public Law 102–484; 106 Stat. 2341; 50 

13 U.S.C. 1521 note). 

14 (3) Section 152 of the National Defense Au15 thorization Act for Fiscal Year 1996 (50 U.S.C. 

16 1521 note). 

17 (4) Section 8065 of the Omnibus Consolidated 

18 Appropriations Act, 1997 (50 U.S.C. 1521 note). 

19 (5) Section 142 of the Strom Thurmond Na20 tional Defense Authorization Act for Fiscal Year 

21 1999 (50 U.S.C. 1521 note). 

22 (6) Section 141 of the National Defense Au23 thorization Act for Fiscal Year 2000 (Public Law 

24 106–65; 113 Stat. 537; 50 U.S.C. 1521 note). 


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1 (7) Section 8122 of the Department of Defense 

2 Appropriations Act, 2003 (Public Law 107–248; 

3 116 Stat. 1566; 50 U.S.C. 1521 note). 

4 (8) Section 923 of the John Warner National 

5 Defense Authorization Act for Fiscal Year 2007 

6 (Public Law 109–364; 120 Stat. 2360; 50 U.S.C. 

7 1521 note). 

8 (9) Section 8119 of the Department of Defense 

9 Appropriations Act, 2008 (Public Law 110–116; 

10 121 Stat. 1340; 50 U.S.C. 1521 note). 

11 (10) Section 922(c) of the National Defense 

12 Authorization Act for Fiscal Year 2008 (Public Law 

13 110–181; 122 Stat. 283; 50 U.S.C. 1521 note). 

14 Subtitle D—Other Matters 

15 SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR 

16 ARMED FORCES RETIREMENT HOME. 

17 There is hereby authorized to be appropriated for fis18 cal year 2011 from the Armed Forces Retirement Home 

19 Trust Fund the sum of $71,200,000 for the operation of 

20 the Armed Forces Retirement Home. 


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1 SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

2 DEPARTMENT OF DEFENSE–DEPARTMENT OF 

3 VETERANS AFFAIRS MEDICAL FACILITY DEM4 ONSTRATION FUND FOR CAPTAIN JAMES A. 

5 LOVELL HEALTH CARE CENTER, ILLINOIS. 

6 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

7 funds authorized to be appropriated by section 1409 and 

8 available for the Defense Health Program for operation 

9 and maintenance, $132,000,000 may be transferred by the 

10 Secretary of Defense to the Joint Department of Defense– 

11 Department of Veterans Affairs Medical Facility Dem12 onstration Fund established by subsection (a)(1) of sec13 tion 1704 of the National Defense Authorization Act for 

14 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 

15 For purposes of subsection (a)(2) of such section 1704, 

16 any funds so transferred shall be treated as amounts au17 thorized and appropriated for the Department of Defense 

18 specifically for such transfer. 

19 (b) USE OF TRANSFERRED FUNDS.—For purposes 

20 of subsection (b) of such section 1704, facility operations 

21 for which funds transferred under subsection (a) may be 

22 used are operations of the Captain James A. Lovell Fed23 eral Health Care Center, consisting of the North Chicago 

24 Veterans Affairs Medical Center, the Navy Ambulatory 

25 Care Center, and supporting facilities designated as a 

26 combined Federal medical facility under an operational 


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1 agreement pursuant to section 706 of the Duncan Hunter 

2 National Defense Authorization Act for Fiscal Year 2009 

3 (Public Law 110–417; 122 Stat. 455). 

4 TITLE XV—AUTHORIZATION OF 

5 ADDITIONAL APPROPRIA6 TIONS FOR OVERSEAS CON7 TINGENCY 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. 


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1 Subtitle A—Authorization of 

2 Additional Appropriations 

3 SEC. 1501. PURPOSE. 

4 The purpose of this subtitle is to authorize appropria5 tions for the Department of Defense for fiscal year 2011 

6 to provide additional funds for overseas contingency oper7 ations being carried out by the Armed Forces. 

8 SEC. 1502. ARMY PROCUREMENT. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2011 for procurement accounts of the Army 

11 in amounts as follows: 

12 (1) For aircraft procurement, $1,373,803,000. 

13 (2) For missile procurement, $343,828,000. 

14 (3) For weapons and tracked combat vehicles 

15 procurement, $687,500,000. 

16 (4) For ammunition procurement, 

17 $384,441,000. 

18 (5) For other procurement, $5,827,274,000. 

19 SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

20 FUND. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2011 for the Joint Improvised Explosive Device 

23 Defeat Fund in the amount of $3,465,868,000. 


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1 SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2011 for procurement accounts of the Navy and 

4 Marine Corps in amounts as follows: 

5 (1) For aircraft procurement, Navy, 

6 $420,358,000. 

7 (2) For weapons procurement, Navy, 

8 $93,425,000. 

9 (3) For ammunition procurement, Navy and 

10 Marine Corps, $565,084,000. 

11 (4) For other procurement, Navy, 

12 $480,735,000. 

13 (5) For procurement, Marine Corps, 

14 $1,705,069,000. 

15 SEC. 1505. AIR FORCE PROCUREMENT. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2011 for procurement accounts of the Air 

18 Force in amounts as follows: 

19 (1) For aircraft procurement, $1,096,520,000. 

20 (2) For ammunition procurement, 

21 $292,959,000. 

22 (3) For missile procurement, $56,621,000. 

23 (4) For other procurement, $2,992,681,000. 


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1 SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2011 for the procurement account for Defense4 wide activities in the amount of $844,546,000. 

5 SEC. 1507. NATIONAL GUARD AND RESERVE EQUIPMENT. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2011 for the procurement of aircraft, missiles, 

8 wheeled and tracked combat vehicles, tactical wheeled ve9 hicles, ammunition, other weapons, and other procurement 

10 for the reserve components of the Armed Forces in the 

11 amount of $700,000,000. 

12 SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE 

13 FUND. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2011 for the Mine Resistant Ambush Protected 

16 Vehicle Fund in the amount of $3,415,000,000. 

17 SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUA18 TION. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2011 for the use of the Department of Defense 

21 for research, development, test, and evaluation as follows: 

22 (1) For the Army, $150,906,000. 

23 (2) For the Navy, $60,401,000. 

24 (3) For the Air Force, $266,241,000. 

25 (4) For Defense-wide activities, $661,240,000. 


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1 SEC. 1510. OPERATION AND MAINTENANCE. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2011 for the use of the Armed Forces for ex4 penses, not otherwise provided for, for operation and 

5 maintenance, in amounts as follows: 

6 (1) For the Army, $63,202,618,000. 

7 (2) For the Navy, $8,692,173,000. 

8 (3) For the Marine Corps, $4,136,522,000. 

9 (4) For the Air Force, $13,487,283,000 

10 (5) For Defense-wide activities, 

11 $9,436,358,000. 

12 (6) For the Army Reserve, $286,950,000. 

13 (7) For the Navy Reserve, $93,559,000. 

14 (8) For the Marine Corps Reserve, 

15 $29,685,000. 

16 (9) For the Air Force Reserve, $129,607,000. 

17 (10) For the Army National Guard, 

18 $544,349,000. 

19 (11) For the Air National Guard, 

20 $350,823,000. 

21 (12) For the Afghanistan Security Forces 

22 Fund, $11,619,283,000. 

23 (13) For the Iraq Security Forces Fund, 

24 $1,500,000,000. 

25 (14) For the Overseas Contingency Operations 

26 Transfer Fund, $506,781,000. 


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1 SEC. 1511. MILITARY PERSONNEL. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2011 for the Department of Defense for mili4 tary personnel in the amount of $15,275,502,000. 

5 SEC. 1512. WORKING CAPITAL FUNDS. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2011 for the use of the Armed Forces and other 

8 activities and agencies of the Department of Defense for 

9 providing capital for working capital and revolving funds 

10 in the amount of $485,384,000. 

11 SEC. 1513. DEFENSE HEALTH PROGRAM. 

12 Funds are hereby authorized to be appropriated for 

13 the Department of Defense for fiscal year 2011 for ex14 penses, not otherwise provided for, for the Defense Health 

15 Program in the amount of $1,398,092,000 for operation 

16 and maintenance. 

17 SEC. 1514. DRUG INTERDICTION AND COUNTER-DRUG AC18 TIVITIES, DEFENSE-WIDE. 

19 Funds are hereby authorized to be appropriated for 

20 the Department of Defense for fiscal year 2011 for ex21 penses, not otherwise provided for, for Drug Interdiction 

22 and Counter-Drug Activities, Defense-wide in the amount 

23 of $457,110,000. 

24 SEC. 1515. DEFENSE INSPECTOR GENERAL. 

25 Funds are hereby authorized to be appropriated for 

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1 penses, not otherwise provided for, for the Office of the 

2 Inspector General of the Department of Defense in the 

3 amount of $10,529,000. 

4 Subtitle B—Financial Matters 

5 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

6 The amounts authorized to be appropriated by this 

7 title are in addition to amounts otherwise authorized to 

8 be appropriated by this Act. 

9 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

10 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

11 (1) AUTHORITY.—Upon determination by the 

12 Secretary of Defense that such action is necessary in 

13 the national interest, the Secretary may transfer 

14 amounts of authorizations made available to the De15 partment of Defense in this title for fiscal year 2011 

16 between any such authorizations for that fiscal year 

17 (or any subdivisions thereof). Amounts of authoriza18 tions so transferred shall be merged with and be 

19 available for the same purposes as the authorization 

20 to which transferred. 

21 (2) LIMITATION.—The total amount of author22 izations that the Secretary may transfer under the 

23 authority of this subsection may not exceed 

24 $4,000,000,000. 


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1 (b) TERMS AND CONDITIONS.—Transfers under this 

2 section shall be subject to the same terms and conditions 

3 as transfers under section 1001. 

4 (c) ADDITIONAL AUTHORITY.—The transfer author5 ity provided by this section is in addition to the transfer 

6 authority provided under section 1001. 

7 Subtitle C—Limitations and Other 

8 Matters 

9 SEC. 1531. LIMITATIONS ON AVAILABILITY OF FUNDS IN AF10 GHANISTAN SECURITY FORCES FUND. 

11 (a) APPLICATION OF EXISTING LIMITATIONS.— 

12 Funds made available to the Department of Defense for 

13 the Afghanistan Security Forces Fund for fiscal year 2011 

14 shall be subject to the conditions contained in subsections 

15 (b) through (g) of section 1513 of the National Defense 

16 Authorization Act for Fiscal Year 2008 (Public Law 110– 

17 181; 122 Stat. 428), as amended by subsection (b) of this 

18 section. 

19 (b) MODIFICATION OF PRIOR NOTICE AND REPORT20 ING REQUIREMENTS.—Section 1513 of the National De21 fense Authorization Act for Fiscal Year 2008 (Public Law 

22 110–181; 122 Stat. 428) is amended— 

23 (1) in subsection (e), by striking ‘‘five days’’ 

24 and inserting ‘‘15 days’’; and 


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1 (2) in subsection (g), by adding at the end the 

2 following new sentence: ‘‘The Secretary may treat a 

3 report submitted under section 9010 of the Depart4 ment of Defense Appropriations Act, 2010 (Public 

5 Law 111–118; 123 Stat. 3466), or a successor pro6 vision of law, with respect to a fiscal-year quarter as 

7 satisfying the requirements for a report under this 

8 subsection for that fiscal-year quarter.’’. 

9 SEC. 1532. LIMITATIONS ON AVAILABILITY OF FUNDS IN 

10 IRAQ SECURITY FORCES FUND. 

11 (a) APPLICATION OF EXISTING LIMITATIONS.—Sub12 ject to subsection (b), funds made available to the Depart13 ment of Defense for the Iraq Security Forces Fund for 

14 fiscal year 2011 shall be subject to the conditions con15 tained in subsections (b) through (g) of section 1512 of 

16 the National Defense Authorization Act for Fiscal Year 

17 2008 (Public Law 110–181; 122 Stat. 426), as amended 

18 by subsection (d) of this section. 

19 (b) COST-SHARE REQUIREMENT.— 

20 (1) REQUIREMENT.—If funds made available to 

21 the Department of Defense for the Iraq Security 

22 Forces Fund for fiscal year 2011 are used for the 

23 purchase of any item or service for Iraq Security 

24 Forces, the funds may not cover more than 80 per25 cent of the cost of the item or service. 


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1 (2) EXCEPTION.—Paragraph (1) does not apply 

2 to any item that the Secretary of Defense deter3 mines— 

4 (A) is an item of significant military equip5 ment (as such term is defined in section 47(9) 

6 of the Arms Export Control Act (22 U.S.C. 

7 2794(9))); or 

8 (B) is included on the United States Muni9 tions List, as designated pursuant to section 

10 38(a)(1) of the Arms Export Control Act (22 

11 U.S.C. 2778(a)(1)). 

12 (c) LIMITATION ON OBLIGATION OF FUNDS PENDING

13 CERTAIN COMMITMENT BY GOVERNMENT OF IRAQ.— 

14 (1) LIMITATION.—Of the amount available to 

15 the Iraq Security Forces Fund as described in sub16 section (a), not more than $1,000,000,000 may be 

17 obligated until the Secretary of Defense certifies to 

18 Congress that the Government of Iraq has dem19 onstrated a commitment to each of the following: 

20 (A) To adequately build the logistics and 

21 maintenance capacity of the Iraqi security 

22 forces. 

23 (B) To develop the institutional capacity to 

24 manage such forces independently. 


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1 (C) To develop a culture of sustainment 

2 for equipment provided by the United States or 

3 acquired with United States assistance. 

4 (2) BASIS FOR CERTIFICATION.—The certifi5 cation of the Secretary under paragraph (1) shall in6 clude a description of the actions taken by the Gov7 ernment of Iraq that, in the determination of the 

8 Secretary, support the certification. 

9 (d) MODIFICATION OF PRIOR NOTICE AND REPORT10 ING REQUIREMENTS.—Section 1512 of the National De11 fense Authorization Act for Fiscal Year 2008 (Public Law 

12 110–181; 122 Stat. 426) is amended— 

13 (1) in subsection (e), by striking ‘‘five days’’ 

14 and inserting ‘‘15 days’’; and 

15 (2) in subsection (g), by adding at the end the 

16 following new sentence: ‘‘The Secretary may treat a 

17 report submitted under section 9010 of the Depart18 ment of Defense Appropriations Act, 2010 (Public 

19 Law 111–118; 123 Stat. 3466), or a successor pro20 vision of law, with respect to a fiscal-year quarter as 

21 satisfying the requirements for a report under this 

22 subsection for that fiscal-year quarter.’’. 


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1 SEC. 1533. CONTINUATION OF PROHIBITION ON USE OF 

2 UNITED STATES FUNDS FOR CERTAIN FACILI3 TIES PROJECTS IN IRAQ. 

4 Section 1508(a) of the Duncan Hunter National De5 fense Authorization Act for Fiscal Year 2009 (Public Law 

6 110–417; 122 Stat. 4651) shall apply to funds authorized 

7 to be appropriated by this title. 

8 SEC. 1534. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

9 FUND. 

10 (a) USE AND TRANSFER OF FUNDS.—Subsections 

11 (b) and (c) of section 1514 of the John Warner National 

12 Defense Authorization Act for Fiscal Year 2007 (Public 

13 Law 109–364; 120 Stat. 2439), as in effect before the 

14 amendments made by section 1503 of the Duncan Hunter 

15 National Defense Authorization Act for Fiscal Year 2009 

16 (Public Law 110–417; 122 Stat. 4649), shall apply to the 

17 funds made available to the Department of Defense for 

18 the Joint Improvised Explosive Device Defeat Fund for 

19 fiscal year 2011. 

20 (b) MONTHLY OBLIGATIONS AND EXPENDITURE RE21 PORTS.— 

22 (1) REPORTS REQUIRED.—Not later than 15 

23 days after the end of each month of fiscal year 

24 2011, the Secretary of Defense shall provide to the 

25 congressional defense committees a report on the 

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1 plaining monthly commitments, obligations, and ex2 penditures by line of action. 

3 (2) REPEAL OF SUPERSEDED REPORTING RE4 QUIREMENT.—Section 1514 of the John Warner Na5 tional Defense Authorization Act for Fiscal Year 

6 2007 (Public Law 109–364; 120 Stat. 2439) is 

7 amended by striking subsection (e). 

8 SEC. 1535. TASK FORCE FOR BUSINESS AND STABILITY OP9 ERATIONS IN AFGHANISTAN AND ECONOMIC 

10 TRANSITION PLAN AND ECONOMIC STRAT11 EGY FOR AFGHANISTAN. 

12 (a) PROJECTS OF TASK FORCE FOR BUSINESS AND

13 STABILITY OPERATIONS IN AFGHANISTAN.— 

14 (1) IN GENERAL.—The Task Force for Busi15 ness and Stability Operations in Afghanistan may 

16 carry out projects to assist the commander of United 

17 States Forces-Afghanistan and the Ambassador of 

18 the United States Mission in Afghanistan to reduce 

19 violence, enhance stability, and support economic 

20 normalcy in Afghanistan through strategic business 

21 and economic activities. 

22 (2) DIRECTION, CONTROL, AND CONCUR23 RENCE.—A project carried out under paragraph (1) 

24 shall be subject to— 


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1 (A) the direction and control of the Sec2 retary of Defense; and 

3 (B) the concurrence of the Secretary of 

4 State. 

5 (3) SCOPE OF PROJECTS.—The projects carried 

6 out under paragraph (1) may include projects that 

7 facilitate private investment, industrial development, 

8 banking and financial system development, agricul9 tural diversification and revitalization, and energy 

10 development in and with respect to Afghanistan. 

11 (4) FUNDING.—The Secretary may use funds 

12 available for overseas contingency operations for op13 eration and maintenance for the Army for additional 

14 activities to carry out projects under paragraph (1). 

15 The amount of funds used under authority in the 

16 preceding sentence may not exceed $150,000,000. 

17 (5) PROHIBITION ON USE OF CERTAIN

18 FUNDS.—Funds provided for the Commanders’ 

19 Emergency Response Program may not be utilized 

20 to support or carry out projects of the Task Force 

21 for Business and Stability Operations. 

22 (6) REPORT.—Not later than October 31, 

23 2011, the Secretary of Defense shall submit to the 

24 appropriate congressional committees a report de25 scribing— 


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1 (A) the activities of the Task Force for 

2 Business and Stability Operations in Afghani3 stan in support of Operation Enduring Free4 dom during fiscal year 2011, including the 

5 projects carried out under paragraph (1) during 

6 that fiscal year; and 

7 (B) how the activities of the Task Force 

8 for Business and Stability Operations in Af9 ghanistan support the long-term stabilization of 

10 Afghanistan. 

11 (7) EXPIRATION OF AUTHORITY.—The author12 ity provided in paragraph (1) shall expire on Sep13 tember 30, 2011. 

14 (b) PLAN FOR TRANSITION OF TASK FORCE ACTIVI15 TIES TO AGENCY FOR INTERNATIONAL DEVELOPMENT.— 

16 (1) PLAN REQUIRED.—The Secretary of De17 fense, the Administrator of the Agency for Inter18 national Development, and the Secretary of State 

19 shall jointly develop a plan to transition the activi20 ties of the Task Force for Business and Stability 

21 Operations in Afghanistan to the Department of 

22 State. 

23 (2) ELEMENTS OF PLAN.—The plan shall de24 scribe at a minimum the following: 


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1 (A) The activities carried out by the Task 

2 Force for Business and Stability Operations in 

3 Afghanistan in fiscal year 2011. 

4 (B) Those activities that the Task Force 

5 for Business and Stability Operations in Af6 ghanistan carried out in fiscal year 2011 that 

7 the Agency for International Development will 

8 continue in fiscal year 2012, including those ac9 tivities that, rather than explicitly continued, 

10 may be merged with similar efforts carried out 

11 by the Agency for International Development. 

12 (C) Any activities carried out by the Task 

13 Force for Business and Stability Operations in 

14 Afghanistan in fiscal year 2011 that the Agency 

15 for International Development will not continue 

16 and the reasons that such activities shall not be 

17 continued. 

18 (D) Those actions that may be necessary 

19 to transition activities carried out by the Task 

20 Force for Business and Stability Operations in 

21 Afghanistan in fiscal year 2011 and that will be 

22 continued by the Agency for International De23 velopment in fiscal year 2012 from the Depart24 ment of Defense to the Agency for Inter25 national Development. 


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1 (3) REPORT REQUIRED.—At the same time that 

2 the budget of the President is submitted to Congress 

3 under section 1105(a) of title 31, United States 

4 Code, for fiscal year 2012, the Secretary of Defense 

5 shall submit the plan to the appropriate congres6 sional committees. 

7 (c) REPORT ON ECONOMIC STRATEGY FOR AFGHANI8 STAN.— 

9 (1) REPORT REQUIRED.—Not later than 180 

10 days after the date of the enactment of this Act, the 

11 President, acting through the Secretary of State and 

12 the Secretary of Defense, shall submit to the appro13 priate congressional committees a report on an eco14 nomic strategy for Afghanistan that— 

15 (A) supports the United States counter16 insurgency campaign in Afghanistan; 

17 (B) promotes economic stabilization in Af18 ghanistan, consistent with a longer-term devel19 opment plan for Afghanistan; and 

20 (C) enhances the establishment of sustain21 able institutions in Afghanistan. 

22 (2) ELEMENTS.—The report shall include the 

23 following: 

24 (A) An identification of the sectors within 

25 the Afghanistan economy that offer the greatest 


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1 economic opportunities to support the purposes 

2 of the economic strategy for Afghanistan set 

3 forth under paragraph (1). 

4 (B) An assessment of the capabilities of 

5 the Government of Afghanistan to increase rev6 enue generation to meet its own operational and 

7 developmental costs in the short-term, medium8 term, and long-term. 

9 (C) An assessment of the infrastructure 

10 (water, power, rail, road) required to underpin 

11 economic development in Afghanistan. 

12 (D) A description of the potential role in 

13 the economic strategy for Afghanistan of each 

14 of the following: 

15 (i) Private sector investment, includ16 ing investment by and through the Over17 seas Private Investment Corporation. 

18 (ii) Efforts to promote public-private 

19 partnerships. 

20 (iii) National Priority Programs of the 

21 Government of Afghanistan, including the 

22 Afghanistan National Solidarity Program, 

23 and public works projects. 

24 (iv) International financial institu25 tions, including the International Bank for 


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1 Reconstruction and Development and the 

2 Asian Development Bank. 

3 (v) Efforts to promote trade, includ4 ing efforts by and through the Export-Im5 port Bank of the United States. 

6 (vi) Department of Defense policies to 

7 promote economic stabilization and devel8 opment, including the Afghanistan First 

9 procurement policy and efforts by the De10 partment to enhance transportation, elec11 trification, and communications networks 

12 both within Afghanistan and between Af13 ghanistan and neighboring countries. 

14 (E) An evaluation of the regional dimen15 sion of an economic strategy for Afghanistan, 

16 including a description of economic areas suit17 able for regional collaboration and a 

18 prioritization among such areas for attention 

19 under the strategy. 

20 (F) A timeline and milestones for activities 

21 that can promote economic stabilization, devel22 opment, and sustainability in Afghanistan in 

23 the short-term, medium-term, and long-term. 

24 (G) Metrics for assessing progress under 

25 the economic strategy for Afghanistan. 


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1 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

2 DEFINED.—In this section, the term ‘‘appropriate con3 gressional committees’’ means— 

4 (1) the Committees on Armed Services, Foreign 

5 Relations, and Appropriations of the Senate; and 

6 (2) the Committees on Armed Services, Foreign 

7 Affairs, and Appropriations of the House of Rep8 resentatives. 

9 TITLE XVI—IMPROVED SEXUAL 

10 ASSAULT PREVENTION AND 

11 RESPONSE IN THE ARMED 

12 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. 


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1 SEC. 1601. DEFINITION OF DEPARTMENT OF DEFENSE SEX2 UAL ASSAULT PREVENTION AND RESPONSE 

3 PROGRAM AND OTHER DEFINITIONS. 

4 (a) SEXUAL ASSAULT PREVENTION AND RESPONSE

5 PROGRAM DEFINED.—In this title, the term ‘‘sexual as6 sault prevention and response program’’ refers to Depart7 ment of Defense policies and programs, including policies 

8 and programs of a specific military department or Armed 

9 Force, that, as modified as required by this title— 

10 (1) are intended to reduce the number of sexual 

11 assaults involving members of the Armed Forces, 

12 whether members are the victim, alleged assailant, 

13 or both; and 

14 (2) improve the response of the Department of 

15 Defense, the military departments, and the Armed 

16 Forces to reports of sexual assaults involving mem17 bers of the Armed Forces, whether members are the 

18 victim, alleged assailant, or both, and to reports of 

19 sexual assaults when a covered beneficiary under 

20 chapter 55 of title 10, United States Code, is the 

21 victim. 

22 (b) OTHER DEFINITIONS.—In this title: 

23 (1) The term ‘‘Armed Forces’’ means the 

24 Army, Navy, Air Force, and Marine Corps. 


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1 (2) The terms ‘‘covered beneficiary’’ and ‘‘de2 pendent’’ have the meanings given those terms in 

3 section 1072 of title 10, United States Code. 

4 (3) The term ‘‘department’’ has the meaning 

5 given that term in section 101(a)(6) of title 10, 

6 United States Code. 

7 (4) The term ‘‘military installation’’ has the 

8 meaning given that term by the Secretary concerned. 

9 (5) The term ‘‘Secretary concerned’’ means— 

10 (A) the Secretary of the Army, with re11 spect to matters concerning the Army; 

12 (B) the Secretary of the Navy, with re13 spect to matters concerning the Navy and the 

14 Marine Corps; and 

15 (C) the Secretary of the Air Force, with 

16 respect to matters concerning the Air Force. 

17 (6) The term ‘‘sexual assault’’ has the defini18 tion developed for that term by the Secretary of De19 fense pursuant to subsection (a)(3) of section 577 of 

20 the Ronald W. Reagan National Defense Authoriza21 tion Act for Fiscal Year 2005 (Public Law 108–375; 

22 10 U.S.C. 113 note), subject to such modifications 

23 as the Secretary considers appropriate. 


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1 SEC. 1602. COMPREHENSIVE DEPARTMENT OF DEFENSE 

2 POLICY ON SEXUAL ASSAULT PREVENTION 

3 AND RESPONSE PROGRAM. 

4 (a) COMPREHENSIVE POLICY REQUIRED.—Not later 

5 than March 30, 2012, the Secretary of Defense shall sub6 mit to the congressional defense committees a revised com7 prehensive policy for the Department of Defense sexual 

8 assault prevention and response program that— 

9 (1) builds upon the comprehensive sexual as10 sault prevention and response policy developed under 

11 subsections (a) and (b) of section 577 of the Ronald 

12 W. Reagan National Defense Authorization Act for 

13 Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 

14 113 note); 

15 (2) incorporates into the sexual assault preven16 tion and response program the new requirements 

17 identified by this title; and 

18 (3) ensures that the policies and procedures of 

19 the military departments regarding sexual assault 

20 prevention and response are consistent with the re21 vised comprehensive policy. 

22 (b) CONSIDERATION OF TASK FORCE FINDINGS, 

23 RECOMMENDATIONS, AND PRACTICES.—In developing the 

24 comprehensive policy required by subsection (a), the Sec25 retary of Defense shall take into account the findings and 

26 recommendations found in the report of the Defense Task 


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1 Force on Sexual Assault in the Military Services issued 

2 in December 2009. 

3 (c) SEXUAL ASSAULT PREVENTION AND RESPONSE

4 EVALUATION PLAN.— 

5 (1) PLAN REQUIRED.—The Secretary of De6 fense shall develop and implement an evaluation 

7 plan for assessing the effectiveness of the com8 prehensive policy prepared under subsection (a) in 

9 achieving its intended outcomes at the department 

10 and individual Armed Force levels. 

11 (2) ROLE OF SERVICE SECRETARIES.—As a 

12 component of the evaluation plan, the Secretary of 

13 each military department shall assess the adequacy 

14 of measures undertaken at military installations and 

15 by units of the Armed Forces under the jurisdiction 

16 of the Secretary to ensure the safest and most se17 cure living and working environments with regard to 

18 preventing sexual assault. 

19 (d) PROGRESS REPORT.—Not later than October 1, 

20 2011, the Secretary of Defense shall submit to the con21 gressional defense committees a report— 

22 (1) describing the process by which the com23 prehensive policy required by subsection (a) is being 

24 revised; 


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1 (2) describing the extent to which revisions of 

2 the comprehensive policy and the evaluation plan re3 quired by subsection (c) have already been imple4 mented; and 

5 (3) containing a determination by the Secretary 

6 regarding whether the Secretary will be able to com7 ply with the revision deadline specified in subsection 

8 (a). 

9 (e) CONSISTENCY OF TERMINOLOGY, POSITION DE10 SCRIPTIONS, PROGRAM STANDARDS, AND ORGANIZA11 TIONAL STRUCTURES.— 

12 (1) IN GENERAL.—The Secretary of Defense 

13 shall require the use of consistent terminology, posi14 tion descriptions, minimum program standards, and 

15 organizational structures throughout the Armed 

16 Forces in implementing the sexual assault preven17 tion and response program. 

18 (2) MINIMUM STANDARDS.—The Secretary of 

19 Defense shall establish minimum standards for— 

20 (A) the training, qualifications, and status 

21 of Sexual Assault Response Coordinators and 

22 Sexual Assault Victim Advocates for the Armed 

23 Forces; and 

24 (B) the curricula to be used to provide sex25 ual assault prevention and response training 


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1 and education for members of the Armed 

2 Forces and civilian employees of the department 

3 to strengthen individual knowledge, skills, and 

4 capacity to prevent and respond to sexual as5 sault. 

6 (3) RECOGNIZING OPERATIONAL DIF7 FERENCES.—In complying with this subsection, the 

8 Secretary of Defense shall take into account the re9 sponsibilities of the Secretary concerned and oper10 ational needs of the Armed Force involved. 

11 Subtitle A—Organizational Struc12 ture and Application of Sexual 

13 Assault Prevention and Re14 sponse Program Elements 

15 SEC. 1611. SEXUAL ASSAULT PREVENTION AND RESPONSE 

16 OFFICE. 

17 (a) APPOINTMENT OF DIRECTOR.—There shall be a 

18 Director of the Sexual Assault Prevention and Response 

19 Office. During the development and implementation of the 

20 comprehensive policy for the Department of Defense sex21 ual assault prevention and response program, the Director 

22 shall operate under the oversight of the Advisory Working 

23 Group of the Deputy Secretary of Defense. 

24 (b) DUTIES OF DIRECTOR.—The Director of the Sex25 ual Assault Prevention and Response Office shall— 


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1 (1) oversee implementation of the comprehen2 sive policy for the Department of Defense sexual as3 sault prevention and response program; 

4 (2) serve as the single point of authority, ac5 countability, and oversight for the sexual assault 

6 prevention and response program; and 

7 (3) provide oversight to ensure that the military 

8 departments comply with the sexual assault preven9 tion and response program. 

10 (c) ROLE OF INSPECTORS GENERAL.— 

11 (1) IN GENERAL.—The Inspector General of 

12 the Department of Defense, the Inspector General of 

13 the Army, the Naval Inspector General, and the In14 spector General of the Air Force shall treat the sex15 ual assault prevention and response program as an 

16 item of special interest when conducting inspections 

17 of organizations and activities with responsibilities 

18 regarding the prevention and response to sexual as19 sault. 

20 (2) COMPOSITION OF INVESTIGATION TEAMS.— 

21 The Inspector General inspection teams shall include 

22 at least one member with expertise and knowledge of 

23 sexual assault prevention and response policies re24 lated to a specific Armed Force. 

25 (d) STAFF.— 


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1 (1) ASSIGNMENT.—Not later than 18 months 

2 after the date of the enactment of this Act, an offi3 cer from each of the Armed Forces in the grade of 

4 O–4 or above shall be assigned to the Sexual Assault 

5 Prevention and Response Office for a minimum tour 

6 length of at least 18 months. 

7 (2) HIGHER GRADE.—Notwithstanding para8 graph (1), of the four officers assigned to the Sexual 

9 Assault Prevention and Response Office under this 

10 subsection at any time, one officer shall be in the 

11 grade of O–6 or above. 

12 SEC. 1612. OVERSIGHT AND EVALUATION STANDARDS. 

13 (a) ISSUANCE OF STANDARDS.—The Secretary of 

14 Defense shall issue standards to assess and evaluate the 

15 effectiveness of the sexual assault prevention and response 

16 program of each Armed Force in reducing the number of 

17 sexual assaults involving members of the Armed Forces 

18 and in improving the response of the department to re19 ports of sexual assaults involving members of the Armed 

20 Forces, whether members of the Armed Forces are the 

21 victim, alleged assailant, or both. 

22 (b) SEXUAL ASSAULT PREVENTION EVALUATION

23 PLAN.—The Secretary of Defense shall use the sexual as24 sault prevention and response evaluation plan developed 

25 under section 1602(c) to ensure that the Armed Forces 


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1 implement and comply with assessment and evaluation 

2 standards issued under subsection (a). 

3 SEC. 1613. REPORT AND PLAN FOR COMPLETION OF ACQUI4 SITION OF CENTRALIZED DEPARTMENT OF 

5 DEFENSE SEXUAL ASSAULT DATABASE. 

6 (a) REPORT AND PLAN REQUIRED.—Not later than 

7 April 1, 2011, the Secretary of Defense shall submit to 

8 the Committees on Armed Services of the Senate and 

9 House of Representatives a report— 

10 (1) describing the status of development and 

11 implementation of the centralized Department of 

12 Defense sexual assault database required by section 

13 563 of the Duncan Hunter National Defense Au14 thorization Act for Fiscal Year 2009 (Public Law 

15 110–417; 122 Stat. 4470; 10 U.S.C. 113 note); 

16 (2) containing a revised implementation plan 

17 under subsection (c) of such section for completing 

18 implementation of the database; and 

19 (3) indicating the date by which the database 

20 will be operational. 

21 (b) CONTENT OF IMPLEMENTATION PLAN.—The 

22 plan referred to in subsection (a)(2) shall address acquisi23 tion best practices associated with successfully acquiring 

24 and deploying information technology systems related to 

25 the centralized sexual assault database, such as economiVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 cally justifying the proposed system solution and effec2 tively developing and managing requirements. 

3 SEC. 1614. RESTRICTED REPORTING OF SEXUAL ASSAULTS. 

4 The Secretary of Defense shall clarify the limitations 

5 on the ability of a member of the Armed Forces to make 

6 a restricted report regarding the occurrence of a sexual 

7 assault and the circumstances under which information 

8 contained in a restricted report may no longer be confiden9 tial. 

10 Subtitle B—Improved and 

11 Expanded Availability of Services 

12 SEC. 1621. IMPROVED PROTOCOLS FOR PROVIDING MED13 ICAL CARE FOR VICTIMS OF SEXUAL AS14 SAULT. 

15 The Secretary of Defense shall establish comprehen16 sive and consistent protocols for providing and docu17 menting medical care to a member of the Armed Forces 

18 or covered beneficiary who is a victim of a sexual assault, 

19 including protocols with respect to the appropriate screen20 ing, prevention, and mitigation of diseases. In establishing 

21 the protocols, the Secretary shall take into consideration 

22 the gender of the victim. 


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1 SEC. 1622. SEXUAL ASSAULT VICTIMS ACCESS TO VICTIM 

2 ADVOCATE SERVICES. 

3 (a) AVAILABILITY OF VICTIM ADVOCATE SERV4 ICES.— 

5 (1) AVAILABILITY.—A member of the Armed 

6 Forces or a dependent, as described in paragraph 

7 (2), who is the victim of a sexual assault is entitled 

8 to assistance provided by a qualified Sexual Assault 

9 Victim Advocate. 

10 (2) COVERED DEPENDENTS.—The assistance 

11 described in paragraph (1) is available to a depend12 ent of a member of the Armed Forces who is the vic13 tim of a sexual assault and who resides on or in the 

14 vicinity of a military installation. The Secretary con15 cerned shall define the term ‘‘vicinity’’ for purposes 

16 of this paragraph. 

17 (b) NOTICE OF AVAILABILITY OF ASSISTANCE; OPT

18 OUT.—The member or dependent shall be informed of the 

19 availability of assistance under subsection (a) as soon as 

20 the member or dependent seeks assistance from a Sexual 

21 Assault Response Coordinator. The victim shall also be in22 formed that the services of a Sexual Assault Response Co23 ordinator and Sexual Assault Victim Advocate are optional 

24 and that these services may be declined, in whole or in 

25 part, at any time. 


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1 (c) NATURE OF REPORTING IMMATERIAL.—In the 

2 case of a member of the Armed Forces, Victim Advocate 

3 services are available regardless of whether the member 

4 elects unrestricted or restricted (confidential) reporting of 

5 the sexual assault. 

6 Subtitle C—Reporting 

7 Requirements 

8 SEC. 1631. ANNUAL REPORT REGARDING SEXUAL AS9 SAULTS INVOLVING MEMBERS OF THE 

10 ARMED FORCES AND IMPROVEMENT TO SEX11 UAL ASSAULT PREVENTION AND RESPONSE 

12 PROGRAM. 

13 (a) ANNUAL REPORTS ON SEXUAL ASSAULTS.—Not 

14 later than March 1, 2012, and each March 1 thereafter 

15 through March 1, 2017, the Secretary of each military de16 partment shall submit to the Secretary of Defense a report 

17 on the sexual assaults involving members of the Armed 

18 Forces under the jurisdiction of that Secretary during the 

19 preceding year. In the case of the Secretary of the Navy, 

20 separate reports shall be prepared for the Navy and for 

21 the Marine Corps. 

22 (b) CONTENTS.—The report of a Secretary of a mili23 tary department for an Armed Force under subsection (a) 

24 shall contain the following: 


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1 (1) The number of sexual assaults committed 

2 against members of the Armed Force that were re3 ported to military officials during the year covered 

4 by the report, and the number of the cases so re5 ported that were substantiated. 

6 (2) The number of sexual assaults committed 

7 by members of the Armed Force that were reported 

8 to military officials during the year covered by the 

9 report, and the number of the cases so reported that 

10 were substantiated. The information required by this 

11 paragraph may not be combined with the informa12 tion required by paragraph (1). 

13 (3) A synopsis of each such substantiated case, 

14 organized by offense, and, for each such case, the 

15 action taken in the case, including the type of dis16 ciplinary or administrative sanction imposed, if any, 

17 including courts-martial sentences, non-judicial pun18 ishments administered by commanding officers pur19 suant to section 815 of title 10, United States Code 

20 (article 15 of the Uniform Code of Military Justice), 

21 and administrative separations. 

22 (4) The policies, procedures, and processes im23 plemented by the Secretary concerned during the 

24 year covered by the report in response to incidents 


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1 of sexual assault involving members of the Armed 

2 Force concerned. 

3 (5) The number of substantiated sexual assault 

4 cases in which the victim is a deployed member of 

5 the Armed Forces and the assailant is a foreign na6 tional, and the policies, procedures, and processes 

7 implemented by the Secretary concerned to monitor 

8 the investigative processes and disposition of such 

9 cases and any actions taken to eliminate any gaps 

10 in investigating and adjudicating such cases. 

11 (6) A description of the implementation of the 

12 accessibility plan implemented pursuant to section 

13 596(b) of such Act, including a description of the 

14 steps taken during that year to ensure that trained 

15 personnel, appropriate supplies, and transportation 

16 resources are accessible to deployed units in order to 

17 provide an appropriate and timely response in any 

18 case of reported sexual assault in a deployed unit, 

19 location, or environment. 

20 (c) CONSISTENT DEFINITION OF SUBSTANTIATED.— 

21 Not later than December 31, 2011, the Secretary of De22 fense shall establish a consistent definition of ‘‘substan23 tiated’’ for purposes of paragraphs (1), (2), (3), and (5) 

24 of subsection (b) and provide synopses for those cases for 

25 the preparation of reports under this section. 


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1 (d) SUBMISSION TO CONGRESS.—Not later than 

2 April 30 of each year in which the Secretary of Defense 

3 receives reports under subsection (a), the Secretary of De4 fense shall forward the reports to the Committees on 

5 Armed Services of the Senate and House of Representa6 tives, together with— 

7 (1) the results of assessments conducted under 

8 the evaluation plan required by section 1602(c); and 

9 (2) such assessments on the reports as the Sec10 retary of Defense considers appropriate. 

11 (e) REPEAL OF SUPERSEDED REPORTING REQUIRE12 MENT.— 

13 (1) REPEAL.—Subsection (f) of section 577 of 

14 the Ronald W. Reagan National Defense Authoriza15 tion Act for Fiscal Year 2005 (Public Law 108–375; 

16 10 U.S.C. 113 note) is repealed. 

17 (2) SUBMISSION OF 2010 REPORT.—The reports 

18 required by subsection (f) of section 577 of the Ron19 ald W. Reagan National Defense Authorization Act 

20 for Fiscal Year 2005 (Public Law 108–375; 10 

21 U.S.C. 113 note) covering calendar year 2010 are 

22 still required to be submitted to the Secretary of De23 fense and the Committees on Armed Services of the 

24 Senate and House of Representatives pursuant to 


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1 the terms of such subsection, as in effect before the 

2 date of the enactment of this Act. 

3 SEC. 1632. ADDITIONAL REPORTS. 

4 (a) EXTENSION OF SEXUAL ASSAULT PREVENTION

5 AND RESPONSE SERVICES TO ADDITIONAL PERSONS.— 

6 The Secretary of Defense shall evaluate the feasibility of 

7 extending department sexual assault prevention and re8 sponse services to Department of Defense civilian employ9 ees and employees of defense contractors who— 

10 (1) are victims of a sexual assault; and 

11 (2) work on or in the vicinity of a military in12 stallation or with members of the Armed Forces. 

13 (b) EXTENSION OF SEXUAL ASSAULT PREVENTION

14 AND RESPONSE PROGRAM TO RESERVE COMPONENTS.— 

15 The Secretary of Defense shall evaluate the application 

16 of the sexual assault prevention and response program to 

17 members of the reserve components, including, at a min18 imum, the following: 

19 (1) The ability of members of the reserve com20 ponents to access the services available under the 

21 sexual assault prevention and response program, in22 cluding policies and programs of a specific military 

23 department or Armed Force. 


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1 (2) The quality of training provided to Sexual 

2 Assault Response Coordinators and Sexual Assault 

3 Victim Advocates in the reserve components. 

4 (3) The degree to which the services available 

5 for regular and reserve members under the sexual 

6 assault prevention and response program are inte7 grated. 

8 (4) Such recommendations as the Secretary of 

9 Defense considers appropriate on how to improve the 

10 services available for reserve members under the sex11 ual assault prevention and response program and 

12 their access to the services. 

13 (c) COPY OF RECORD OF COURT-MARTIAL TO VICTIM

14 OF SEXUAL ASSAULT.—The Secretary of Defense shall 

15 evaluate the feasibility of requiring that a copy of the pre16 pared record of the proceedings of a general or special 

17 court-martial involving a sexual assault be given to the 

18 victim in cases in which the victim testified during the pro19 ceedings. 

20 (d) ACCESS TO LEGAL ASSISTANCE.—The Secretary 

21 of Defense shall evaluate the feasibility of authorizing 

22 members of the Armed Forces who are victims of a sexual 

23 assault and dependents of members who are victims of a 

24 sexual assault to receive legal assistance provided by a 

25 military legal assistance counsel certified as competent to 


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1 provide legal assistance related to responding to sexual as2 sault. 

3 (e) USE OF FORENSIC MEDICAL EXAMINERS.—The 

4 Secretary of Defense shall evaluate the feasibility of uti5 lizing, when sexual assaults involving members of the 

6 Armed Forces occur in a military environment where civil7 ian resources are limited or unavailable, forensic medical 

8 examiners who are specially trained regarding the collec9 tion and preservation of evidence in cases involving sexual 

10 assault. 

11 (f) SUBMISSION OF RESULTS.—The Secretary of De12 fense shall submit the results of the evaluations required 

13 by this section to the Committees on Armed Services of 

14 the Senate and House of Representatives. 

15 TITLE XVII—GUAM WORLD WAR 

16 II LOYALTY RECOGNITION ACT 

Sec. 1701. Short title. 

Sec. 1702. Recognition of the suffering and loyalty of the residents of Guam. 

Sec. 1703. Payments for Guam World War II claims. 

Sec. 1704. Adjudication. 

Sec. 1705. Grants program to memorialize the occupation of Guam during 

World War II. 

Sec. 1706. Authorization of appropriations. 

17 SEC. 1701. SHORT TITLE. 

18 This title may be cited as the ‘‘Guam World War II 

19 Loyalty Recognition Act’’. 


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1 SEC. 1702. RECOGNITION OF THE SUFFERING AND LOY2 ALTY OF THE RESIDENTS OF GUAM. 

3 (a) RECOGNITION OF THE SUFFERING OF THE RESI4 DENTS OF GUAM.—The United States recognizes that, as 

5 described by the Guam War Claims Review Commission, 

6 the residents of Guam, on account of their United States 

7 nationality, suffered unspeakable harm as a result of the 

8 occupation of Guam by Imperial Japanese military forces 

9 during World War II, by being subjected to death, rape, 

10 severe personal injury, personal injury, forced labor, 

11 forced march, or internment. 

12 (b) RECOGNITION OF THE LOYALTY OF THE RESI13 DENTS OF GUAM.—The United States forever will be 

14 grateful to the residents of Guam for their steadfast loy15 alty to the United States of America, as demonstrated by 

16 the countless acts of courage they performed despite the 

17 threat of death or great bodily harm they faced at the 

18 hands of the Imperial Japanese military forces that occu19 pied Guam during World War II. 

20 SEC. 1703. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. 

21 (a) PAYMENTS FOR DEATH, PERSONAL INJURY, 

22 FORCED LABOR, FORCED MARCH, AND INTERNMENT.— 

23 Subject to the availability of appropriations authorized to 

24 be appropriated under section 1706(a), after receipt of 

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1 ance with the provisions of this title, the Secretary of the 

2 Treasury shall make payments as follows: 

3 (1) RESIDENTS INJURED.—Before any pay4 ments are made to individuals described in para5 graph (2), the Secretary shall pay compensable 

6 Guam victims who are not deceased as follows: 

7 (A) If the victim has suffered an injury de8 scribed in subsection (c)(2)(A), $15,000. 

9 (B) If the victim is not described in sub10 paragraph (A) but has suffered an injury de11 scribed in subsection (c)(2)(B), $12,000. 

12 (C) If the victim is not described in sub13 paragraph (A) or (B) but has suffered an in14 jury described in subsection (c)(2)(C), $10,000. 

15 (2) SURVIVORS OF RESIDENTS WHO DIED IN

16 WAR.—In the case of a compensable Guam decedent, 

17 the Secretary shall pay $25,000 for distribution to 

18 eligible survivors of the decedent as specified in sub19 section (b). The Secretary shall make payments 

20 under this paragraph after payments are made 

21 under paragraph (1). 

22 (b) DISTRIBUTION OF SURVIVOR PAYMENTS.—Pay23 ments under paragraph (2) of subsection (a) to eligible 

24 survivors of an individual who is a compensable Guam de25 cedent shall be made as follows: 


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1 (1) If there is living a spouse of the individual, 

2 but no child of the individual, all of the payment 

3 shall be made to such spouse. 

4 (2) If there is living a spouse of the individual 

5 and one or more children of the individual, one-half 

6 of the payment shall be made to the spouse and the 

7 other half to the child (or to the children in equal 

8 shares). 

9 (3) If there is no living spouse of the individual, 

10 but there are one or more children of the individual 

11 alive, all of the payment shall be made to such child 

12 (or to such children in equal shares). 

13 (4) If there is no living spouse or child of the 

14 individual but there is a living parent (or parents) 

15 of the individual, all of the payment shall be made 

16 to the parent (or to the parents in equal shares). 

17 (5) If there is no such living spouse, child, or 

18 parent, no payment shall be made. 

19 (c) DEFINITIONS.—For purposes of this title: 

20 (1) COMPENSABLE GUAM DECEDENT.—The 

21 term ‘‘compensable Guam decedent’’ means an indi22 vidual determined under section 1704 to have been 

23 a resident of Guam who died or was killed as a re24 sult of the attack and occupation of Guam by Impe25 rial Japanese military forces during World War II, 


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1 or incident to the liberation of Guam by United 

2 States military forces, and whose death would have 

3 been compensable under the Guam Meritorious 

4 Claims Act of 1945 (Public Law 79–224) if a timely 

5 claim had been filed under the terms of such Act. 

6 (2) COMPENSABLE GUAM VICTIM.—The term 

7 ‘‘compensable Guam victim’’ means an individual de8 termined under section 1704 to have suffered, as a 

9 result of the attack and occupation of Guam by Im10 perial Japanese military forces during World War II, 

11 or incident to the liberation of Guam by United 

12 States military forces, any of the following: 

13 (A) Rape or severe personal injury (such 

14 as loss of a limb, dismemberment, or paralysis). 

15 (B) Forced labor or a personal injury not 

16 under subparagraph (A) (such as disfigure17 ment, scarring, or burns). 

18 (C) Forced march, internment, or hiding 

19 to evade internment. 

20 (3) DEFINITIONS OF SEVERE PERSONAL INJU21 RIES AND PERSONAL INJURIES.—The Foreign 

22 Claims Settlement Commission shall promulgate reg23 ulations to specify injuries that constitute a severe 

24 personal injury or a personal injury for purposes of 


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1 subparagraphs (A) and (B), respectively, of para2 graph (2). 

3 SEC. 1704. ADJUDICATION. 

4 (a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT

5 COMMISSION.— 

6 (1) IN GENERAL.—The Foreign Claims Settle7 ment Commission is authorized to adjudicate claims 

8 and determine eligibility for payments under section 

9 1703. 

10 (2) RULES AND REGULATIONS.—The chairman 

11 of the Foreign Claims Settlement Commission shall 

12 prescribe such rules and regulations as may be nec13 essary to enable it to carry out its functions under 

14 this title. Such rules and regulations shall be pub15 lished in the Federal Register. 

16 (b) CLAIMS SUBMITTED FOR PAYMENTS.— 

17 (1) SUBMITTAL OF CLAIM.—For purposes of 

18 subsection (a)(1) and subject to paragraph (2), the 

19 Foreign Claims Settlement Commission may not de20 termine an individual is eligible for a payment under 

21 section 1703 unless the individual submits to the 

22 Commission a claim in such manner and form and 

23 containing such information as the Commission 

24 specifies. 


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1 (2) FILING PERIOD FOR CLAIMS AND NOTICE.— 

2 All claims for a payment under section 1703 shall be 

3 filed within one year after the Foreign Claims Set4 tlement Commission publishes public notice of the 

5 filing period in the Federal Register. The Foreign 

6 Claims Settlement Commission shall provide for the 

7 notice required under the previous sentence not later 

8 than 180 days after the date of the enactment of 

9 this title. In addition, the Commission shall cause to 

10 be publicized the public notice of the deadline for fil11 ing claims in newspaper, radio, and television media 

12 on Guam. 

13 (3) ADJUDICATORY DECISIONS.—The decision 

14 of the Foreign Claims Settlement Commission on 

15 each claim shall be by majority vote, shall be in writ16 ing, and shall state the reasons for the approval or 

17 denial of the claim. If approved, the decision shall 

18 also state the amount of the payment awarded and 

19 the distribution, if any, to be made of the payment. 

20 (4) DEDUCTIONS IN PAYMENT.—The Foreign 

21 Claims Settlement Commission shall deduct, from 

22 potential payments, amounts previously paid under 

23 the Guam Meritorious Claims Act of 1945 (Public 

24 Law 79–224). 


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1 (5) INTEREST.—No interest shall be paid on 

2 payments awarded by the Foreign Claims Settlement 

3 Commission. 

4 (6) REMUNERATION PROHIBITED.—No remu5 neration on account of representational services ren6 dered on behalf of any claimant in connection with 

7 any claim filed with the Foreign Claims Settlement 

8 Commission under this title shall exceed one percent 

9 of the total amount paid pursuant to any payment 

10 certified under the provisions of this title on account 

11 of such claim. Any agreement to the contrary shall 

12 be unlawful and void. Whoever demands or receives, 

13 on account of services so rendered, any remunera14 tion in excess of the maximum permitted by this sec15 tion shall be fined not more than $5,000 or impris16 oned not more than 12 months, or both. 

17 (7) APPEALS AND FINALITY.—Objections and 

18 appeals of decisions of the Foreign Claims Settle19 ment Commission shall be to the Commission, and 

20 upon rehearing, the decision in each claim shall be 

21 final, and not subject to further review by any court 

22 or agency. 

23 (8) CERTIFICATIONS FOR PAYMENT.—After a 

24 decision approving a claim becomes final, the chair25 man of the Foreign Claims Settlement Commission 


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1 shall certify it to the Secretary of the Treasury for 

2 authorization of a payment under section 1703. 

3 (9) TREATMENT OF AFFIDAVITS.—For pur4 poses of section 1703 and subject to paragraph (2), 

5 the Foreign Claims Settlement Commission shall 

6 treat a claim that is accompanied by an affidavit of 

7 an individual that attests to all of the material facts 

8 required for establishing eligibility of such individual 

9 for payment under such section as establishing a 

10 prima facie case of the individual’s eligibility for 

11 such payment without the need for further docu12 mentation, except as the Commission may otherwise 

13 require. Such material facts shall include, with re14 spect to a claim under paragraph (2) or (3) of sec15 tion 1703(a), a detailed description of the injury or 

16 other circumstance supporting the claim involved, in17 cluding the level of payment sought. 

18 (10) RELEASE OF RELATED CLAIMS.—Accept19 ance of payment under section 1703 by an individual 

20 for a claim related to a compensable Guam decedent 

21 or a compensable Guam victim shall be in full satis22 faction of all claims related to such decedent or vic23 tim, respectively, arising under the Guam Meri24 torious Claims Act of 1945 (Public Law 79–224), 


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1 the implementing regulations issued by the United 

2 States Navy pursuant thereto, or this title. 

3 SEC. 1705. GRANTS PROGRAM TO MEMORIALIZE THE OCCU4 PATION OF GUAM DURING WORLD WAR II. 

5 (a) ESTABLISHMENT.—Subject to section 1706(b) 

6 and in accordance with this section, the Secretary of the 

7 Interior shall establish a grants program under which the 

8 Secretary shall award grants for research, educational, 

9 and media activities that memorialize the events sur10 rounding the occupation of Guam during World War II, 

11 honor the loyalty of the people of Guam during such occu12 pation, or both, for purposes of appropriately illuminating 

13 and interpreting the causes and circumstances of such oc14 cupation and other similar occupations during a war. 

15 (b) ELIGIBILITY.—The Secretary of the Interior may 

16 not award to a person a grant under subsection (a) unless 

17 such person submits an application to the Secretary for 

18 such grant, in such time, manner, and form and con19 taining such information as the Secretary specifies. 

20 SEC. 1706. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) GUAM WORLD WAR II CLAIMS PAYMENTS AND

22 ADJUDICATION.—For purposes of carrying out sections 

23 1703 and 1704, there are authorized to be appropriated 

24 $100,000,000, to remain available for obligation until Sep25 tember 30, 2016, to the Foreign Claims Settlement ComVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00767 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 mission. Not more than 5 percent of funds made available 

2 under this subsection shall be used for administrative 

3 costs. 

4 (b) GUAM WORLD WAR II GRANTS PROGRAM.—For 

5 purposes of carrying out section 1705, there are author6 ized to be appropriated $5,000,000, to remain available 

7 for obligation until September 30, 2016. 

8 DIVISION B—MILITARY CON9 STRUCTION AUTHORIZA10 TIONS 

11 SEC. 2001. SHORT TITLE. 

12 This division may be cited as the ‘‘Military Construc13 tion Authorization Act for Fiscal Year 2011’’. 

14 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

15 AMOUNTS REQUIRED TO BE SPECIFIED BY 

16 LAW. 

17 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

18 YEARS.—Except as provided in subsection (b), all author19 izations contained in titles XXI through XXVII and title 

20 XXIX of this division for military construction projects, 

21 land acquisition, family housing projects and facilities, and 

22 contributions to the North Atlantic Treaty Organization 

23 Security Investment Program (and authorizations of ap24 propriations therefor) shall expire on the later of— 

25 (1) October 1, 2013; or 


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1 (2) the date of the enactment of an Act author2 izing funds for military construction for fiscal year 

3 2014. 

4 (b) EXCEPTION.—Subsection (a) shall not apply to 

5 authorizations for military construction projects, land ac6 quisition, family housing projects and facilities, and con7 tributions to the North Atlantic Treaty Organization Se8 curity Investment Program (and authorizations of appro9 priations therefor), for which appropriated funds have 

10 been obligated before the later of— 

11 (1) October 1, 2013; or 

12 (2) the date of the enactment of an Act author13 izing funds for fiscal year 2014 for military con14 struction projects, land acquisition, family housing 

15 projects and facilities, and contributions to the 

16 North Atlantic Treaty Organization Security Invest17 ment Program. 

18 SEC. 2003. FUNDING TABLES. 

19 (a) IN GENERAL.—The amounts authorized to be ap20 propriated by sections 2104, 2204, 2304, 2403, 2411, 

21 2502, 2606, 2701, and 2703 shall be available in the 

22 amounts specified in the funding table in section 3001. 

23 (b) OVERSEAS CONTINGENCY OPERATIONS.—The 

24 amounts authorized to be appropriated by sections 2901, 


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1 2902, and 2903 shall be available in the amounts specified 

2 in the funding table in section 3002. 

3 TITLE XXI—ARMY MILITARY 

4 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. 

5 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2104(1), the Secretary of the Army may 

10 acquire real property and carry out military construction 

11 projects for the installations or locations inside the United 

12 States, and in the amounts, set forth in the following 

13 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 


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Army: Inside the United States—Continued 

State Installation or Location Amount 

Tripler Army Medical Center ....................... $28,000,000 

Kansas ..................... Fort Leavenworth ........................................ $7,100,000 

Fort Riley ..................................................... $57,100,000 

Kentucky .................. Fort Campbell .............................................. $143,900,000 

Fort Knox .................................................... $18,800,000 

Louisiana ................. Fort Polk ...................................................... $63,250,000 

Maryland .................. Aberdeen Proving Ground ............................ $14,600,000 

Fort Meade .................................................. $32,600,000 

Missouri ................... Fort Leonard Wood ..................................... $111,700,000 

New Mexico ............. White Sands ................................................. $29,000,000 

New York ................. Fort Drum ................................................... $228,800,000 

U.S. Military Academy ................................. $132,324,000 

North Carolina ........ Fort Bragg ................................................... $310,900,000 

Oklahoma ................. Fort Sill ....................................................... $13,800,000 

McAlester Army Ammunition Plant ............ $3,000,000 

South Carolina ......... Fort Jackson ................................................ $91,000,000 

Texas ....................... Fort Bliss ..................................................... $149,950,000 

Fort Hood .................................................... $145,050,000 

Fort Sam Houston ....................................... $22,200,000 

Virginia .................... Fort A.P. Hill .............................................. $93,600,000 

Fort Eustis ................................................... $18,000,000 

Fort Lee ....................................................... $18,400,000 

Washington .............. Fort Lewis .................................................... $171,800,000 

Yakima Firing Range .................................. $3,750,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(2), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing 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 


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1 SEC. 2102. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2104(5)(A), the Secretary of the 

5 Army may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the 

7 installations or locations, in the number of units, and in 

8 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 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2104(5)(A), the Secretary of the Army may carry 

12 out architectural and engineering services and construc13 tion design activities with respect to the construction or 

14 improvement of family housing units in an amount not 

15 to exceed $2,040,000. 

16 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

17 UNITS. 

18 Subject to section 2825 of title 10, United States 

19 Code, and using amounts appropriated pursuant to the 

20 authorization of appropriations in section 2104(5)(A), the 

21 Secretary of the Army may improve existing military fam22 ily housing units in an amount not to exceed $35,000,000. 


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1 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal years beginning after September 30, 2010, for mili4 tary construction, land acquisition, and military family 

5 housing functions of the Department of the Army in the 

6 total amount of $4,565,507,000, as follows: 

7 (1) For military construction projects inside the 

8 United States authorized by section 2101(a), 

9 $3,152,562,000. 

10 (2) For military construction projects outside 

11 the United States authorized by section 2101(b), 

12 $419,300,000. 

13 (3) For unspecified minor military construction 

14 projects authorized by section 2805 of title 10, 

15 United States Code, $23,000,000. 

16 (4) For host nation support and architectural 

17 and engineering services and construction design 

18 under section 2807 of title 10, United States Code, 

19 $249,636,000. 

20 (5) For military family housing functions: 

21 (A) For construction and acquisition, plan22 ning and design, and improvement of military 

23 family housing and facilities, $92,369,000. 

24 (B) For support of military family housing 

25 (including the functions described in section 


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1 2833 of title 10, United States Code), 

2 $518,140,000. 

3 (6) For the construction of increment 4 of a 

4 brigade complex operations support facility at 

5 Vicenza, Italy, authorized by section 2101(b) of the 

6 Military Construction Authorization Act for Fiscal 

7 Year 2008 (division B of Public Law 110–181; 122 

8 Stat. 505), $25,000,000. 

9 (7) For the construction of increment 4 of a 

10 brigade complex barracks and community support 

11 facility at Vicenza, Italy, authorized by section 

12 2101(b) of the Military Construction Authorization 

13 Act for Fiscal Year 2008 (division B of Public Law 

14 110–181; 122 Stat. 505), $26,000,000. 

15 (8) For the construction of increment 2 of the 

16 Command and Battle Center at Wiesbaden, Ger17 many, authorized by section 2101(b) of the Military 

18 Construction Authorization Act for Fiscal Year 2009 

19 (division B of Public Law 110–417; 122 Stat. 

20 4662), $59,500,000. 


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1 SEC. 2105. USE OF UNOBLIGATED ARMY MILITARY CON2 STRUCTION FUNDS IN CONJUNCTION WITH 

3 FUNDS PROVIDED BY THE COMMONWEALTH 

4 OF VIRGINIA TO CARRY OUT CERTAIN FISCAL 

5 YEAR 2002 PROJECT. 

6 (a) FIRE STATION AT FORT BELVOIR, VIRGINIA.— 

7 Section 2836(d) of the Military Construction Authoriza8 tion Act for Fiscal Year 2002 (division B of Public Law 

9 107–107; 115 Stat. 1314), as amended by section 2846 

10 of the Military Construction Authorization Act for Fiscal 

11 Year 2006 (division B of Public Law 109–163; 119 Stat. 

12 3527) and section 2849 of the Military Construction Au13 thorization Act for Fiscal Year 2007 (division B of Public 

14 Law 109–364; 120 Stat. 2486), is further amended— 

15 (1) in paragraph (2), by inserting ‘‘through a 

16 project for construction of an Army standard-design, 

17 two-company fire station at Fort Belvoir, Virginia,’’ 

18 after ‘‘Building 191’’; and 

19 (2) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) The Secretary may use up to $3,900,000 of 

22 available, unobligated Army military construction funds 

23 appropriated for a fiscal year before fiscal year 2011, in 

24 conjunction with the funds provided under paragraph (1), 

25 for the project described in paragraph (2).’’. 


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1 (b) CONGRESSIONAL NOTIFICATION.—The Secretary 

2 of the Army shall provide information, in accordance with 

3 section 2851(c) of title 10, United States Code, regarding 

4 the project described in the amendment made by sub5 section (a). If it becomes necessary to exceed the estimated 

6 project cost of $8,780,000, including $4,880,000 contrib7 uted by the Commonwealth of Virginia, the Secretary shall 

8 utilize the authority provided by section 2853 of such title 

9 regarding authorized cost and scope of work variations. 

10 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 

11 CERTAIN FISCAL YEAR 2009 PROJECT. 

12 The table in section 2101(b) of the Military Con13 struction Authorization Act for Fiscal Year 2009 (division 

14 B of Public Law 110–417; 122 Stat. 4661) is amended 

15 by striking ‘‘Katterbach’’ and inserting ‘‘Grafenwoehr’’. 

16 SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT 

17 CERTAIN FISCAL YEAR 2010 PROJECT. 

18 In the case of the authorization contained in the table 

19 in section 2101(a) of the Military Construction Authoriza20 tion Act for Fiscal Year 2010 (division B of Public Law 

21 111–84; 123 Stat. 2628) for Fort Riley, Kansas, for con22 struction of a Brigade Complex at the installation, the 

23 Secretary of the Army may construct up to a 40,100 

24 square-feet brigade headquarters consistent with the 

25 Army’s construction guidelines for brigade headquarters. 


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1 SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2008 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2008 (division B of Public Law 110–181; 122 Stat. 

6 503), authorizations set forth in the table in subsection 

7 (b), as provided in section 2101 of that Act (122 Stat. 

8 504), shall remain in effect until October 1, 2011, or the 

9 date of the enactment of an Act authorizing funds for mili10 tary construction for fiscal year 2012, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows: 

Army: Extension of 2008 Project Authorizations 

State Installation or 

Location Project Amount 

Georgia ............ Fort Stewart ......... Unit Operations Facilities $16,000,000 

Hawaii ............. Schofield Barracks Tactical Vehicle Wash Facility .............................. $10,200,000 

Barracks Complex-Wheeler 

205 ................................ $51,000,000 

Louisiana ......... Fort Polk ............... Brigade Headquarters ...... $9,800,000 

Child Care Facility ........... $6,100,000 

Missouri ........... Fort Leonard Wood Multipurpose Machine 

Gun Range .................... $4,150,000 

Oklahoma ........ Fort Sill ................. Multipurpose Machine 

Gun Range .................... $3,300,000 

Washington ..... Fort Lewis ............. Alternative Fuel Facility .. $3,300,000 

13 TITLE XXII—NAVY MILITARY 

14 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. 


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1 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2204(1), the Secretary of the Navy may 

6 acquire real property and carry out military construction 

7 projects for the installations or locations inside the United 

8 States, and in the amounts, set forth in the following 

9 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 

10 (b) OUTSIDE THE UNITED STATES.—Using amounts 

11 appropriated pursuant to the authorization of appropria12 tions in section 2204(2), the Secretary of the Navy may 

13 acquire real property and carry out military construction 

14 projects for the installation or location outside the United 


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1 States, and in the amounts, set forth in the following 

2 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 

3 SEC. 2202. FAMILY HOUSING. 

4 (a) CONSTRUCTION AND ACQUISITION.—Using 

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2204(5)(A), the Secretary of the 

7 Navy may construct or acquire family housing units (in8 cluding land acquisition and supporting facilities) at the 

9 installations or locations, in the number of units, and in 

10 the amounts set forth in the following table: 

Navy: Family Housing 

Location Installation or Location Units Amount 

Cuba ......... Guantanamo Bay .................................... 71 ............ $37,169,000 

11 (b) PLANNING AND DESIGN.—Using amounts appro12 priated pursuant to the authorization of appropriations in 

13 section 2204(5)(A), the Secretary of the Navy may carry 

14 out architectural and engineering services and construc15 tion design activities with respect to the construction or 

16 improvement of family housing units in an amount not 

17 to exceed $3,255,000. 


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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2204(5)(A), the 

6 Secretary of the Navy may improve existing military fam7 ily housing units in an amount not to exceed 

8 $146,020,000. 

9 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal years beginning after September 30, 2010, for mili12 tary construction, land acquisition, and military family 

13 housing functions of the Department of the Navy in the 

14 total amount of $4,068,963,000, as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2201(a), 

17 $2,865,001,000. 

18 (2) For military construction projects outside 

19 the United States authorized by section 2201(b), 

20 $321,129,000. 

21 (3) For unspecified minor military construction 

22 projects authorized by section 2805 of title 10, 

23 United States Code, $20,877,000. 

24 (4) For architectural and engineering services 

25 and construction design under section 2807 of title 

26 10, United States Code, $120,050,000. 


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1 (5) For military family housing functions: 

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military 

4 family housing and facilities, $186,444,000. 

5 (B) For support of military family housing 

6 (including functions described in section 2833 

7 of title 10, United States Code), $366,346,000. 

8 (6) For the construction of increment 7 of a 

9 limited area production and storage complex at Ban10 gor, Washington, authorized by section 2201(a) of 

11 the Military Construction Authorization Act for Fis12 cal Year 2005 (division B of Public Law 108–375; 

13 118 Stat. 2106), $19,116,000. 

14 (7) For the construction of increment 2 of a 

15 ship repair pier replacement at Norfolk Naval Ship16 yard, Virginia, authorized by section 2201(a) of the 

17 Military Construction Authorization Act for Fiscal 

18 Year 2010 (division B of Public Law 111–84; 123 

19 Stat. 2633), $100,000,000. 

20 (8) For the construction of increment 2 of a 

21 wharves improvement at Apra Harbor, Guam, au22 thorized by section 2201(b) of the Military Con23 struction Authorization Act for Fiscal Year 2010 

24 (division B of Public Law 111–84; 123 Stat. 2633), 

25 $40,000,000. 


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1 (9) For the construction of increment 2 of a 

2 tertiary water treatment plant at Marine Corps Base 

3 Camp Pendleton, California, authorized by section 

4 2201(a) of the Military Construction Authorization 

5 Act for Fiscal Year 2010 (division B of Public Law 

6 111–84; 123 Stat. 2632), $30,000,000. 

7 SEC. 2205. TECHNICAL AMENDMENT TO REFLECT MULTI8 INCREMENT FISCAL YEAR 2010 PROJECT. 

9 Section 2204 of the Military Construction Authoriza10 tion Act for Fiscal Year 2010 (division B of Public Law 

11 111–84; 123 Stat. 2634) is amended— 

12 (1) in subsection (a), by adding at the end the 

13 following new paragraph: 

14 ‘‘(14) For the construction of the first incre15 ment of a tertiary water treatment plant at Marine 

16 Corps Base, Camp Pendleton, California, authorized 

17 by section 2201(a), $112,330,000.’’; and 

18 (2) in subsection (b), by adding at the end the 

19 following new paragraph: 

20 ‘‘(7) $30,000,000 (the balance of the amount 

21 authorized under section 2201(a) for North Region 

22 Tertiary Treatment Plant, Camp Pendleton, Cali23 fornia).’’. 


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1 SEC. 2206. EXTENSION OF AUTHORIZATION OF CERTAIN 

2 FISCAL YEAR 2008 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2008 (division B of Public Law 110–181; 122 Stat. 

6 503), the authorization set forth in the table in subsection 

7 (b), as provided in section 2201(c) of that Act (122 Stat. 

8 511), shall remain in effect until October 1, 2011, or the 

9 date of the enactment of an Act authorizing funds for mili10 tary construction for fiscal year 2012, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows: 

Navy: Extension of 2008 Project Authorization 

Location Installation or 

Location Project Amount 

Worldwide ....... Unspecified ............ Host Nation Infrastructure ............................... $2,700,000 

13 TITLE XXIII—AIR FORCE 

14 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. 

15 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

16 LAND ACQUISITION PROJECTS. 

17 (a) INSIDE THE UNITED STATES.—Using amounts 

18 appropriated pursuant to the authorization of appropria19 tions in section 2304(1), the Secretary of the Air Force 


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1 may acquire real property and carry out military construc2 tion projects for the installations or locations inside the 

3 United States, and in the amounts, set forth in the fol4 lowing 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 

5 (b) OUTSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2304(2), the Secretary of the Air Force 

8 may acquire real property and carry out military construc9 tion projects for the installations or locations outside the 

10 United States, and in the amounts, set forth in the fol11 lowing table: 


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Air Force: Outside the United States 

Country Installation or Location Amount 

Afghanistan ................................ Bagram ...................................... $42,960,000 

Bahrain ...................................... SW Asia ..................................... $45,000,000 

Germany ..................................... Kapaun ...................................... $19,600,000 

Ramstein Air Base .................... $22,354,000 

Vilseck ........................................ $12,900,000 

Guam .......................................... Andersen Air Force Base .......... $50,300,000 

Italy ............................................ Aviano Air Base ......................... $29,200,000 

Korea .......................................... Kunsan Air Base ....................... $7,500,000 

Qutar .......................................... Al Udeid ..................................... $62,300,000 

United Kingdom ......................... RAF Mildenhall ......................... $15,000,000 

1 SEC. 2302. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2304(5)(A), the Sec4 retary of the Air Force may carry out architectural and 

5 engineering services and construction design activities 

6 with respect to the construction or improvement of family 

7 housing units in an amount not to exceed $4,225,000. 

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2304(5)(A), the 

13 Secretary of the Air Force may improve existing military 

14 family housing units in an amount not to exceed 

15 $73,800,000. 

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

17 FORCE. 

18 Funds are hereby authorized to be appropriated for 

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1 tary construction, land acquisition, and military family 

2 housing functions of the Department of the Air Force in 

3 the total amount of $1,885,112,000, as follows: 

4 (1) For military construction projects inside the 

5 United States authorized by section 2301(a), 

6 $901,845,000. 

7 (2) For military construction projects outside 

8 the United States authorized by section 2301(b), 

9 $307,114,000. 

10 (3) For unspecified minor military construction 

11 projects authorized by section 2805 of title 10, 

12 United States Code, $18,000,000. 

13 (4) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $66,336,000. 

16 (5) For military family housing functions: 

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military 

19 family housing and facilities, $78,025,000. 

20 (B) For support of military family housing 

21 (including functions described in section 2833 

22 of title 10, United States Code), $513,792,000. 


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1 SEC. 2305. EXTENSION OF AUTHORIZATION OF CERTAIN 

2 FISCAL YEAR 2007 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2007 (division B of Public Law 109–364; 120 Stat. 

6 2463), authorization set forth in the table in subsection 

7 (b), as provided in section 2302 of that Act (120 Stat. 

8 2455) and extended by section 2306 of the Military Con9 struction Authorization Act for Fiscal Year 2010 (division 

10 B of Public Law 111–84; 123 Stat. 2638), shall remain 

11 in effect until October 1, 2011, or the date of the enact12 ment of an Act authorizing funds for military construction 

13 for fiscal year 2012, whichever is later. 

14 (b) TABLE.—The table referred to in subsection (a) 

15 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 

16 TITLE XXIV—DEFENSE AGEN17 CIES MILITARY CONSTRUC18 TION 

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. 


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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. 

1 Subtitle A—Defense Agency 

2 Authorizations 

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2403(1), the Secretary of Defense may 

8 acquire real property and carry out military construction 

9 projects for the installations or locations inside the United 

10 States, and in the amounts, set forth in the following ta11 bles: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Arizona ............................... Yuma Proving Ground .................. $8,977,000 

California ............................ Point Magu Naval Base ................ $3,100,000 

Colorado .............................. Fort Carson ................................... $3,717,000 

District of Columbia ........... Bolling Air Force Base ................. $3,000,000 

Florida ................................ Eglin Air Force Base .................... $6,030,000 

Georgia ............................... Augusta ......................................... $12,855,000 

Fort Benning ................................ $26,865,000 

Fort Stewart ................................. $35,100,000 

Hunter Air National Guard Station ............................................ $2,400,000 

Hunter Army Airfield ................... $3,318,000 

Hawaii ................................ Hickam Air Force Base ................ $8,500,000 

Pearl Harbor ................................. $28,804,000 

Idaho ................................... Mountain Home Air Force Base .. $27,500,000 

Illinois ................................. Scott Air Force Base .................... $1,388,000 

Kentucky ............................. Fort Campbell ............................... $38,095,000 

Maryland ............................. Andrews Air Force Base ............... $14,000,000 

Bethesda Naval Hospital .............. $80,000,000 

Fort Detrick .................................. $45,700,000 

Fort Meade ................................... $219,360,000 

Massachusetts ..................... Hanscom Air Force Base .............. $2,900,000 

New Mexico ........................ Cannon Air Force Base ................ $116,225,000 

White Sands Missile Range .......... $22,900,000 

New York ............................ United States Military Academy ... $27,960,000 

North Carolina ................... Camp Lejeune ............................... $16,646,000 

Fort Bragg .................................... $168,693,000 


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Defense Agencies: Inside the United States—Continued 

State Installation or Location Amount 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing 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 

8 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

9 (a) PROJECTS AUTHORIZED.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2403(6), the Secretary of Defense may carry out 

12 energy conservation projects under chapter 173 of title 10, 

13 United States Code, in the amount of $120,000,000. 


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1 (b) AVAILABILITY OF FUNDS FOR RESERVE COMPO2 NENT PROJECTS.—Of the amount authorized to be appro3 priated by section 2403(6) for energy conservation 

4 projects, the Secretary of Defense shall reserve a portion 

5 of the amount for energy conservation projects for the re6 serve components in an amount that is not less than an 

7 amount that bears the same proportion to the total 

8 amount authorized to be appropriated as the total quan9 tity of energy consumed by reserve facilities (as defined 

10 in section 18232(2) of title 10, United States Code) dur11 ing fiscal year 2010 bears to the total quantity of energy 

12 consumed by all military installations (as defined in sec13 tion 2687(e)(1) of such title) during that fiscal year, as 

14 determined by the Secretary. 

15 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE16 FENSE AGENCIES. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal years beginning after September 30, 2010, for mili19 tary construction, land acquisition, and military family 

20 housing functions of the Department of Defense (other 

21 than the military departments) in the total amount of 

22 $3,116,137,000, as follows: 

23 (1) For military construction projects inside the 

24 United States authorized by section 2401(a), 

25 $1,373,312,000. 


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1 (2) For military construction projects outside 

2 the United States authorized by section 2401(b), 

3 $382,419,000. 

4 (3) For unspecified minor military construction 

5 projects under section 2805 of title 10, United 

6 States Code, $42,856,000. 

7 (4) For contingency construction projects of the 

8 Secretary of Defense under section 2804 of title 10, 

9 United States Code, $10,000,000. 

10 (5) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $431,617,000. 

13 (6) For energy conservation projects under 

14 chapter 173 of title 10, United States Code, 

15 $120,000,000. 

16 (7) For military family housing functions: 

17 (A) For support of military family housing 

18 (including functions described in section 2833 

19 of title 10, United States Code), $50,464,000. 

20 (B) For credits to the Department of De21 fense Family Housing Improvement Fund 

22 under section 2883 of title 10, United States 

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1 tion Cities and Metropolitan Development Act 

2 of 1966 (42 U.S.C. 3374), $17,611,000. 

3 (8) For the construction of increment 5 of the 

4 Army Medical Research Institute of Infectious Dis5 eases Stage I at Fort Detrick, Maryland, authorized 

6 by section 2401(a) of the Military Construction Au7 thorization Act for Fiscal Year 2007 (division B of 

8 Public Law 109–364; 120 Stat. 2457), $17,400,000. 

9 (9) For the construction of increment 3 of re10 placement fuel storage facilities at Point Loma 

11 Annex, California, authorized by section 2401(a) of 

12 the Military Construction Authorization Act for Fis13 cal Year 2008 (division B of Public Law 110–181; 

14 122 Stat. 521), as amended by section 2406 of the 

15 Military Construction Authorization Act for Fiscal 

16 Year 2010 (division B of Public Law 111–84; 123 

17 Stat. 2646), $20,000,000. 

18 (10) For the construction of increment 3 of the 

19 United States Army Medical Research Institute of 

20 Chemical Defense replacement facility at Aberdeen 

21 Proving Ground, Maryland, authorized by section 

22 2401(a) of the Military Construction Authorization 

23 Act for Fiscal Year 2009 (division B of Public Law 

24 110–417; 122 Stat. 4689), $105,000,000. 


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1 (11) For the construction of increment 3 of a 

2 National Security Agency data center at Camp Wil3 liams, Utah, authorized as a Military Construction, 

4 Defense-Wide project by the Supplemental Appro5 priations Act, 2009 (Public Law 111–32; 123 Stat. 

6 1888), $398,358,000. 

7 (12) For the construction of increment 2 of the 

8 hospital at Fort Bliss, Texas, authorized by section 

9 2401(a) of the Military Construction Authorization 

10 Act for Fiscal Year 2010 (division B of Public Law 

11 111–84; 123 Stat. 2642), $147,100,000. 

12 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

13 CERTAIN FISCAL YEAR 2010 PROJECTS. 

14 (a) AUTHORIZATION OF PROJECT FOR WHICH

15 FUNDS HAVE BEEN APPROPRIATED.— 

16 (1) AUTHORIZATION.—The table relating to the 

17 Missile Defense Agency in section 2401(a) of the 

18 Military Construction Authorization Act for Fiscal 

19 Year 2010 (division B of Public Law 111–84; 123 

20 Stat. 2641) is amended by adding at the end the fol21 lowing: 

Worldwide Unspecified ....... Range Facility ......................................... $68,500,000 

22 (2) AUTHORIZATION OF APPROPRIATIONS.— 

23 Section 2404(a)(1) of that Act (123 Stat. 2644) is 


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1 amended by striking ‘‘$1,048,783,000’’ and insert2 ing ‘‘$1,117,283,000’’. 

3 (3) PROJECT DESCRIPTION.—In the case of the 

4 authorization contained in the amendment made by 

5 paragraph (1), the authorized project relates to an 

6 Aegis ashore test facility for which funds were made 

7 available by title I of the Military Construction and 

8 Veterans Affairs and Related Agencies Appropria9 tions Act, 2010 (division E of Public Law 111–117; 

10 123 Stat. 3286) under the heading ‘‘MILITARY CON11 STRUCTION, DEFENSE-WIDE’’. 

12 (b) PURPOSE OF FORT BRAGG PROJECT.—In the 

13 case of the authorization contained in the table relating 

14 to the TRICARE Management Activity in section 2401(a) 

15 of the Military Construction Authorization Act of Fiscal 

16 Year 2010 (division B of Public Law 111–84; 123 Stat. 

17 2642) for Fort Bragg, North Carolina, for construction 

18 of a Health Clinic at the installation, the Secretary of De19 fense may construct a Behavioral Health clinic that pre20 dominantly provides behavioral health specialty care. 


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1 Subtitle B—Chemical 

2 Demilitarization Authorizations 

3 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM4 ICAL DEMILITARIZATION CONSTRUCTION, 

5 DEFENSE-WIDE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2010, for mili8 tary construction and land acquisition for chemical demili9 tarization in the total amount of $124,971,000, as follows: 

10 (1) For the construction of phase 12 of a chem11 ical munitions demilitarization facility at Pueblo 

12 Chemical Activity, Colorado, authorized by section 

13 2401(a) of the Military Construction Authorization 

14 Act for Fiscal Year 1997 (division B of Public Law 

15 104–201; 110 Stat. 2775), as amended by section 

16 2406 of the Military Construction Authorization Act 

17 for Fiscal Year 2000 (division B of Public Law 106– 

18 65; 113 Stat. 839), section 2407 of the Military 

19 Construction Authorization Act for Fiscal Year 2003 

20 (division B of Public Law 107–314; 116 Stat. 

21 2698), and section 2413 of the Military Construc22 tion Authorization Act for Fiscal Year 2009 (divi23 sion B of Public Law 110–417; 122 Stat. 4697), 

24 $65,569,000. 


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1 (2) For the construction of phase 11 of a muni2 tions demilitarization facility at Blue Grass Army 

3 Depot, Kentucky, authorized by section 2401(a) of 

4 the Military Construction Authorization Act for Fis5 cal Year 2000 (division B of Public Law 106–65; 

6 113 Stat. 835), as amended by section 2405 of the 

7 Military Construction Authorization Act for Fiscal 

8 Year 2002 (division B of Public Law 107–107; 115 

9 Stat. 1298), section 2405 of the Military Construc10 tion Authorization Act for Fiscal Year 2003 (divi11 sion B of Public Law 107–314; 116 Stat. 2698), 

12 and section 2414 of the Military Construction Au13 thorization Act for Fiscal Year 2009 (division B of 

14 Public Law 110–417; 122 Stat. 4697), and section 

15 2412 of this Act, $59,402,000. 

16 SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT 

17 CERTAIN FISCAL YEAR 2000 PROJECT. 

18 (a) MODIFICATION.—The table in section 2401(a) of 

19 the Military Construction Authorization Act for Fiscal 

20 Year 2000 (division B of Public Law 106–65; 113 Stat. 

21 835), as amended by section 2405 of the Military Con22 struction Authorization Act for Fiscal Year 2002 (division 

23 B of Public Law 107–107; 115 Stat. 1298), section 2405 

24 of the Military Construction Authorization Act for Fiscal 

25 Year 2003 (division B of Public Law 107–314; 116 Stat. 


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1 2698), and section 2414 of the Military Construction Au2 thorization Act for Fiscal Year 2009 (division B of Public 

3 Law 110–417; 122 Stat. 4697), is amended— 

4 (1) in the item relating to Blue Grass Army 

5 Depot, Kentucky, by striking ‘‘$492,000,000’’ in the 

6 amount column and inserting ‘‘$746,000,000’’; and 

7 (2) by striking the amount identified as the 

8 total in the amount column and inserting 

9 ‘‘$1,203,920,000’’. 

10 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) 

11 of the Military Construction Authorization Act for Fiscal 

12 Year 2000 (division B of Public Law 106–65; 113 Stat. 

13 839), as amended by section 2405 of the Military Con14 struction Authorization Act for Fiscal Year 2002 (division 

15 B of Public Law 107–107; 115 Stat. 1298), section 2405 

16 of the Military Construction Authorization Act for Fiscal 

17 Year 2003 (division B of Public Law 107–314; 116 Stat. 

18 2698), and section 2414 of the Military Construction Au19 thorization Act for Fiscal Year 2009 (division B of Public 

20 Law 110–417; 122 Stat. 4697), is further amended by 

21 striking ‘‘$469,200,000’’ and inserting ‘‘$723,200,000’’. 


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1 TITLE XXV—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 The Secretary of Defense may make contributions for 

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10, 

10 United States Code, in an amount not to exceed the sum 

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2010, for con18 tributions by the Secretary of Defense under section 2806 

19 of title 10, United States Code, for the share of the United 

20 States of the cost of projects for the North Atlantic Treaty 

21 Organization Security Investment Program authorized by 

22 section 2501, in the amount of $258,884,000. 


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1 TITLE XXVI—GUARD AND 

2 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. 

3 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON4 STRUCTION AND LAND ACQUISITION 

5 PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2606(1), the Secretary of the Army may 

9 acquire real property and carry out military construction 

10 projects for the Army National Guard locations inside the 

11 United States, and in the amounts, set forth in the fol12 lowing table: 

Army National Guard: Inside the United States 

State Location Amount 

Arizona .................... Florence ....................................................... $16,500,000 

Arkansas .................. Camp Robinson ............................................ $30,000,000 

Fort Chaffee ................................................. $21,500,000 

California ................. Camp Roberts .............................................. $19,000,000 

Colorado ................... Colorado Springs .......................................... $20,000,000 

Fort Carson .................................................. $40,000,000 

Gypsum ........................................................ $39,000,000 

Windsor ........................................................ $7,500,000 

Connecticut .............. Windsor Locks ............................................. $41,000,000 

Delaware .................. New Castle ................................................... $27,000,000 

Georgia .................... Cumming ...................................................... $17,000,000 

Dobbins Air Reserve Base ........................... $10,400,000 

Hawaii ..................... Kalaeloa ........................................................ $38,000,000 

Idaho ........................ Gowen Field ................................................. $17,500,000 

Mountain Home ........................................... $6,300,000 

Illinois ...................... Springfield .................................................... $15,000,000 


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Army National Guard: Inside the United States—Continued 

State Location Amount 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2606(1), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the Army National Guard locations outside 

6 the United States, and in the amounts, set forth in the 

7 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 

8 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

9 AND LAND ACQUISITION PROJECTS. 

10 Using amounts appropriated pursuant to the author11 ization of appropriations in section 2606(2), the Secretary 


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1 of the Army may acquire real property and carry out mili2 tary construction projects for the Army Reserve locations 

3 inside the United States, and in the amounts, set forth 

4 in the following table: 

Army Reserve 

State Location Amount 

California .......................... Fairfield ............................................... $26,000,000 

Fort Hunter Liggett ............................ $52,000,000 

Florida .............................. North Fort Myers ................................ $13,800,000 

Orlando ................................................ $10,200,000 

Tallahasee ............................................ $10,400,000 

Georgia ............................. Macon .................................................. $11,400,000 

Illinois .............................. Quincy .................................................. $12,200,000 

Indiana ............................. Michigan City ...................................... $15,500,000 

Iowa .................................. Des Moines .......................................... $8,175,000 

Massachusetts .................. Devens Reserve Forces Training Area $4,700,000 

Missouri ............................ Belton .................................................. $11,800,000 

New Mexico ...................... Las Cruces ........................................... $11,400,000 

New York ......................... Binghamton ......................................... $13,400,000 

Texas ................................ Denton ................................................. $12,600,000 

Rio Grande .......................................... $6,100,000 

San Marcos .......................................... $8,500,000 

Virginia ............................ Fort A.P. Hill ...................................... $15,500,000 

Fort Story ............................................ $11,000,000 

Roanoke ............................................... $14,800,000 

Wisconsin ......................... Fort McCoy ......................................... $19,800,000 

5 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

6 CORPS RESERVE CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2606(3), the Secretary 

10 of the Navy may acquire real property and carry out mili11 tary construction projects for the Navy Reserve and Ma12 rine Corps Reserve locations inside the United States, and 

13 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 


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Navy Reserve and Marine Corps Reserve—Continued 

State Location Amount 

Virginia ............................ Williamsburg ........................................ $21,346,000 

Washington ...................... Yakima ................................................ $13,844,000 

1 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606(4), the Secretary 

5 of the Air Force may acquire real property and carry out 

6 military construction projects for the Air National Guard 

7 locations inside the United States, and in the amounts, 

8 set forth in the following table: 

Air National Guard 

State Location Amount 

Alabama ........................... Montgomery Regional Airport (ANG) $7,472,000 

Arizona ............................. Davis Monthan Air Force Base .......... $4,650,000 

Fort Huachuca .................................... $11,000,000 

Delaware .......................... New Castle County Airport ................. $1,500,000 

Florida .............................. Jacksonville International Airport ...... $6,700,000 

Georgia ............................. Savannah/Hilton Head International 

Airport ............................................. $7,450,000 

Hawaii .............................. Hickam Air Force Base ...................... $71,450,000 

Illinois .............................. Capital Municipal Airport ................... $16,700,000 

Indiana ............................. Hulman Regional Airport .................... $4,100,000 

Maryland .......................... Martin State Airport ........................... $11,400,000 

New York ......................... Fort Drum ........................................... $2,500,000 

Stewart International Airport ............. $14,250,000 

North Carolina ................. Stanly County Airport ......................... $2,000,000 

Pennsylvania .................... State College Air National Guard Station ................................................... $4,100,000 

Tennessee ......................... Nashville International Airport ........... $5,500,000 

Texas ................................ Ellington Field .................................... $7,000,000 

9 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC10 TION AND LAND ACQUISITION PROJECTS. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2606(5), the Secretary 

13 of the Air Force may acquire real property and carry out 


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1 military construction projects for the Air Force Reserve 

2 location inside the United States, and in the amount, set 

3 forth in the following table: 

Air Force Reserve 

State Location Amount 

Florida .............................. Patrick Air Force Base ....................... $3,420,000 

4 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA5 TIONAL GUARD AND RESERVE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2010, for the 

8 costs of acquisition, architectural and engineering services, 

9 and construction of facilities for the Guard and Reserve 

10 Forces, and for contributions therefor, under chapter 

11 1803 of title 10, United States Code (including the cost 

12 of acquisition of land for those facilities), in the following 

13 amounts: 

14 (1) For the Department of the Army, for the 

15 Army National Guard of the United States, 

16 $873,664,000. 

17 (2) For the Department of the Army, for the 

18 Army Reserve, $318,175,000. 

19 (3) For the Department of the Navy, for the 

20 Navy and Marine Corps Reserve, $61,557,000. 

21 (4) For the Department of the Air Force, for 

22 the Air National Guard of the United States, 

23 $194,986,000. 


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1 (5) For the Department of the Air Force, for 

2 the Air Force Reserve, $7,832,000. 

3 SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2008 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2008 (division B of Public Law 110–181; 122 Stat. 

8 503), the authorization set forth in the tables in sub9 section (b), as provided in section 2601 and 2604 of that 

10 Act, shall remain in effect until October 1, 2011, or the 

11 date of the enactment of an Act authorizing funds for mili12 tary construction for fiscal year 2012, whichever is later. 

13 (b) TABLE.—The tables referred to in subsection (a) 

14 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 

15 TITLE XXVII—BASE REALIGN16 MENT AND CLOSURE ACTIVI17 TIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account 1990. 


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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. 

1 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

2 BASE REALIGNMENT AND CLOSURE ACTIVI3 TIES FUNDED THROUGH DEPARTMENT OF 

4 DEFENSE BASE CLOSURE ACCOUNT 1990. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2010, for base 

7 realignment and closure activities, including real property 

8 acquisition and military construction projects, as author9 ized by the Defense Base Closure and Realignment Act 

10 of 1990 (part A of title XXIX of Public Law 101–510; 

11 10 U.S.C. 2687 note) and funded through the Department 

12 of Defense Base Closure Account 1990 established by sec13 tion 2906 of such Act, in the total amount of 

14 $360,474,000, as follows: 

15 (1) For the Department of the Army, 

16 $73,600,000. 

17 (2) For the Department of the Navy, 

18 $162,000,000. 

19 (3) For the Department of the Air Force, 

20 $124,874,000. 


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1 SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLO2 SURE ACTIVITIES FUNDED THROUGH DE3 PARTMENT OF DEFENSE BASE CLOSURE AC4 COUNT 2005. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2703, the Secretary 

7 of Defense may carry out base realignment and closure 

8 activities, including real property acquisition and military 

9 construction projects, as authorized by the Defense Base 

10 Closure and Realignment Act of 1990 (part A of title 

11 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

12 funded through the Department of Defense Base Closure 

13 Account 2005 established by section 2906A of such Act, 

14 in the amount of $2,354,285,000. 

15 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR 

16 BASE REALIGNMENT AND CLOSURE ACTIVI17 TIES FUNDED THROUGH DEPARTMENT OF 

18 DEFENSE BASE CLOSURE ACCOUNT 2005. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal years beginning after September 30, 2010, for base 

21 realignment and closure activities, including real property 

22 acquisition and military construction projects, as author23 ized by the Defense Base Closure and Realignment Act 

24 of 1990 (part A of title XXIX of Public Law 101–510; 

25 10 U.S.C. 2687 note) and funded through the Department 

26 of Defense Base Closure Account 2005 established by secVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00806 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 tion 2906A of such Act, in the total amount of 

2 $2,354,285,000. 

3 SEC. 2704. TRANSPORTATION PLAN FOR BRAC 133 PROJECT 

4 UNDER FORT BELVOIR, VIRGINIA, BRAC INI5 TIATIVE. 

6 (a) SUBMISSION OF TRANSPORTATION PLAN.—Not 

7 later than 90 days after the date of the enactment of this 

8 Act, the Secretary of the Army shall submit to the con9 gressional defense committees a transportation plan for 

10 the BRAC 133 project. 

11 (b) TRANSPORTATION PLAN CONDITIONS.—The 

12 transportation plan for the BRAC 133 project must ad13 dress ingress and egress of all personnel to and from the 

14 BRAC 133 project site. The transportation plan shall also 

15 assess the costs and programming of short-, medium-, and 

16 long-term projects, and the use of other methods of trans17 portation, that are necessary to maintain existing level of 

18 service, and the proposed funding source to obtain such 

19 levels of service, at the following six intersections 

20 (1) The intersection of Beauregard Street and 

21 Mark Center Drive. 

22 (2) The intersection of Beauregard Street and 

23 Seminary Road. 

24 (3) The intersection of Seminary Road and 

25 Mark Center Drive. 


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1 (4) The intersection of Seminary Road and the 

2 northbound entrance-ramp to I–395. 

3 (5) The intersection of Seminary Road and the 

4 northbound exit-ramp from I–395. 

5 (6) The intersection of Seminary Road and the 

6 southbound exit-ramp from I–395. 

7 (c) INSPECTOR GENERAL REPORT.—Not later than 

8 September 15, 2011, the Inspector General of the Depart9 ment of Defense shall submit to the congressional defense 

10 committees a report evaluating the sufficiency and coordi11 nation conducted in completing the requisite environ12 mental studies associated with the site selection of the 

13 BRAC 133 project pursuant to the National Environ14 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The 

15 Inspector General shall give specific attention to the trans16 portation determinations associated with the BRAC 133 

17 project and review and provide comment on the transpor18 tation plan for the BRAC 133 project and the plan’s ad19 herence to the conditions imposed by subsection (b). 

20 (d) DEFINITIONS.—In this section: 

21 (1) The term ‘‘BRAC 133 project’’ refers to the 

22 proposed office complex to be developed at an estab23 lished mixed-use business park in Alexandria, Vir24 ginia, to implement recommendation 133 of the De25 fense Base Closure and Realignment Commission 


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1 contained in the report of the Commission trans2 mitted to Congress on September 15, 2005, under 

3 section 2903(e) of the Defense Base Closure and 

4 Realignment Act of 1990 (part A of title XXIX of 

5 Public Law 101–510; 10 U.S.C. 2687 note). 

6 (2) The term ‘‘level of service’’ has the meaning 

7 given that term in the most-recent Highway Capac8 ity Manual of the Transportation Research Board. 

9 TITLE XXVIII—MILITARY CON10 STRUCTION GENERAL PROVI11 SIONS 

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. 


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

Subtitle D—Energy Security 

Sec. 2831. Consideration of environmentally sustainable practices in Department energy performance plan. 

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

Subtitle E—Land Conveyances 

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

Alaska. 

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

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

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

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

North Carolina. 

Subtitle F—Other Matters 

Sec. 2851. Limitation on availability of funds pending report regarding construction of a new outlying landing field in North Carolina and 

Virginia. 

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

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

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

Sec. 2855. Sense of Congress on proposed extension of the Alaska Railroad corridor across Federal land in Alaska. 

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

Air Force. 

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

military installations. 

1 Subtitle A—Military Construction 

2 Program and Military Family 

3 Housing Changes 

4 SEC. 2801. AVAILABILITY OF MILITARY CONSTRUCTION IN5 FORMATION ON INTERNET. 

6 (a) MODIFICATION OF INFORMATION REQUIRED TO

7 BE PROVIDED.—Paragraph (2) of subsection (c) of sec8 tion 2851 of title 10, United States Code, is amended— 

9 (1) by striking subparagraph (F); and 


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1 (2) by redesignating subparagraphs (G) and 

2 (H) as subparagraphs (F) and (G), respectively. 

3 (b) EXPANDED AVAILABILITY OF INFORMATION.— 

4 Such subsection is further amended— 

5 (1) by striking paragraph (3); and 

6 (2) by redesignating paragraph (4) as para7 graph (3). 

8 (c) CONFORMING AMENDMENTS.—Such subsection is 

9 further amended— 

10 (1) in paragraph (1), by striking ‘‘that, when 

11 activated by a person authorized under paragraph 

12 (3), will permit the person’’ and inserting ‘‘that will 

13 permit a person’’; and 

14 (2) in paragraph (3), as redesignated by sub15 section (b)(2)— 

16 (A) by striking ‘‘to the persons referred to 

17 in paragraph (3)’’ and inserting ‘‘on the Inter18 net site required by such paragraph’’; and 

19 (B) by striking ‘‘to such persons’’. 

20 SEC. 2802. USE OF PENTAGON RESERVATION MAINTE21 NANCE REVOLVING FUND FOR CONSTRUC22 TION OR ALTERATION AT PENTAGON RES23 ERVATION. 

24 Section 2674(e) of title 10, United States Code, is 

25 amended— 


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1 (1) in paragraph (2), by striking ‘‘Monies’’ and 

2 inserting ‘‘Subject to paragraphs (3) and (4), mon3 ies’’; and 

4 (2) by adding at the end the following new 

5 paragraphs: 

6 ‘‘(3) If the cost of a construction or alteration activity 

7 proposed to be financed in whole or in part using monies 

8 from the Fund will exceed the limitation specified in sec9 tion 2805 of this title for a comparable unspecified minor 

10 military construction project, the activity shall be subject 

11 to authorization as provided by section 2802 of this title 

12 before monies from the Fund are obligated for the activity. 

13 ‘‘(4) The authority of the Secretary to use monies 

14 from the Fund to support construction or alteration activi15 ties at the Pentagon Reservation expires on September 30, 

16 2012.’’. 

17 SEC. 2803. REDUCED REPORTING TIME LIMITS FOR CER18 TAIN MILITARY CONSTRUCTION AND REAL 

19 PROPERTY REPORTS WHEN SUBMITTED IN 

20 ELECTRONIC MEDIA. 

21 (a) CONVEYANCE OF PROPERTY FOR NATURAL RE22 SOURCE CONSERVATION.—Section 2694a(e) of title 10 

23 United States Code, is amended by inserting before the 

24 period at the end the following: ‘‘or, if earlier, a period 

25 of 14 days has elapsed from the date on which a copy 


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1 of the notification is provided in an electronic medium pur2 suant to section 480 of this title’’. 

3 (b) NATO SECURITY INVESTMENT CONTRIBU4 TIONS.—Section 2806(c)(2)(B) of such title is amended 

5 by inserting before the period at the end the following: 

6 ‘‘or, if earlier, a period of 14 days has elapsed from the 

7 date on which a copy of the report is provided in an elec8 tronic medium pursuant to section 480 of this title’’. 

9 (c) FORD ISLAND DEVELOPMENT.—Section 

10 2814(g)(2) of such title is amended by inserting before 

11 the period at the end the following: ‘‘or, if earlier, a period 

12 of 20 days has elapsed from the date on which a copy 

13 of the notification is provided in an electronic medium pur14 suant to section 480 of this title’’. 

15 (d) LEASING OF MILITARY FAMILY HOUSING.—Sec16 tion 2828(f)(2) of such title is amended by inserting be17 fore the period at the end the following: ‘‘or, if earlier, 

18 a period of 14 days has elapsed from the date on which 

19 a copy of the notification is provided in an electronic me20 dium pursuant to section 480 of this title’’. 

21 (e) LEASING OF MILITARY FAMILY HOUSING TO BE

22 CONSTRUCTED.—Section 2835(g)(2) of such title is 

23 amended— 

24 (1) by striking ‘‘calendar’’; and 


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1 (2) by inserting before the period at the end the 

2 following: ‘‘or, if earlier, a period of 14 days has 

3 elapsed from the date on which a copy of the anal4 ysis is provided in an electronic medium pursuant to 

5 section 480 of this title’’. 

6 (f) ACQUISITION OR CONSTRUCTION OF MILITARY

7 UNACCOMPANIED HOUSING.—Section 2881a(e)(2) of such 

8 title is amended by inserting before the period at the end 

9 the following: ‘‘or, if earlier, a period of 20 days has 

10 elapsed from the date on which a copy of the report is 

11 provided in an electronic medium pursuant to section 480 

12 of this title’’. 

13 (g) USE OF MILITARY CONSTRUCTION ALTERNATIVE

14 AUTHORITY.—Section 2884(a)(4) of such title is amended 

15 by inserting before the period at the end the following: 

16 ‘‘or, if earlier, a period of 20 days has elapsed from the 

17 date on which a copy of the report is provided in an elec18 tronic medium pursuant to section 480 of this title’’. 

19 SEC. 2804. AUTHORITY TO USE OPERATION AND MAINTE20 NANCE FUNDS FOR CONSTRUCTION 

21 PROJECTS INSIDE THE UNITED STATES CEN22 TRAL COMMAND AREA OF RESPONSIBILITY. 

23 (a) INCLUSION OF AREA FORMERLY WITHIN UNITED

24 STATES CENTRAL COMMAND AREA OF RESPONSI25 BILITY.—Subsection (a) of section 2808 of the Military 


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1 Construction Authorization Act for Fiscal Year 2004 (di2 vision B of Public Law 108–136; 117 Stat. 1723), as 

3 amended by subsections (a) and (b) of section 2806 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2010 (division B of Public Law 111–84; 123 Stat. 

6 2662), is amended by striking ‘‘United States Central 

7 Command area of responsibility’’ and inserting ‘‘area of 

8 responsibility of the United States Central Command or 

9 the area of responsibility and area of interest of Combined 

10 Task Force-Horn of Africa’’. 

11 (b) ANNUAL LIMITATION ON USE OF AUTHORITY IN

12 AFGHANISTAN.—Subsection (c)(2) of section 2808 of the 

13 Military Construction Authorization Act for Fiscal Year 

14 2004 (division B of Public Law 108–136; 117 Stat. 1723), 

15 as amended by section 2806(c) of the Military Construc16 tion Authorization Act for Fiscal Year 2010 (division B 

17 of Public Law 111–84; 123 Stat. 2663), is amended— 

18 (1) by striking ‘‘$300,000,000 in funds avail19 able for operation and maintenance for fiscal year 

20 2010 may be used in Afghanistan upon completing 

21 the prenotification requirements under subsection 

22 (b)’’ and inserting ‘‘$100,000,000 in funds available 

23 for operation and maintenance for fiscal year 2011 

24 may be used in Afghanistan subject to the notifica25 tion requirements under subsection (b)’’; and 


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1 (2) by striking ‘‘$500,000,000’’ and inserting 

2 ‘‘$300,000,000’’. 

3 (c) ONE-YEAR EXTENSION OF AUTHORITY.—Sub4 section (h) of section 2808 of the Military Construction 

5 Authorization Act for Fiscal Year 2004 (division B of 

6 Public Law 108–136; 117 Stat. 1723), as added by sec7 tion 2806(a) of the Military Construction Authorization 

8 Act for Fiscal Year 2010 (division B of Public Law 111– 

9 84; 123 Stat. 2662), is amended— 

10 (1) in paragraph (1), by striking ‘‘September 

11 30, 2010’’ and inserting ‘‘September 30, 2011’’; and 

12 (2) in paragraph (2), by striking ‘‘fiscal year 

13 2011’’ and inserting ‘‘fiscal year 2012’’. 

14 (d) DEFINITION.—Section 2808 of the Military Con15 struction Authorization Act for Fiscal Year 2004 (division 

16 B of Public Law 108–136; 117 Stat. 1723) is amended 

17 by adding at the end the following new subsection: 

18 ‘‘(i) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘area of responsibility’, with re20 spect to the Combined Task Force-Horn of Africa, 

21 is Kenya, Somalia, Ethiopia, Sudan, Eritrea, 

22 Djibouti, and Seychelles. 

23 ‘‘(2) The term ‘area of interest’, with respect to 

24 the Combined Task Force-Horn of Africa, is Yemen, 

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1 rundi, Rwanda, Comoros, Chad, the Democratic Re2 public of Congo, and Uganda.’’. 

3 SEC. 2805. SENSE OF CONGRESS AND REPORT REGARDING 

4 EMPLOYMENT OF VETERANS TO WORK ON 

5 MILITARY CONSTRUCTION PROJECTS. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that the Secretary of Defense should establish a Vet8 erans to Work program to provide an opportunity for ap9 prentices, who are also veterans, to work on military con10 struction projects. 

11 (b) REPORT.— 

12 (1) REPORT REQUIRED.—Not later than 180 

13 days after enactment of this Act, the Secretary of 

14 Defense shall submit to the congressional defense 

15 committees a report that includes at a minimum the 

16 following: 

17 (A) An assessment of the number of unem18 ployed apprentices, who are also veterans, with 

19 data presented by appropriate age groupings. 

20 (B) An evaluation of benefits to be derived 

21 from establishing a program to employ appren22 tices, who are also veterans, in military con23 struction projects, including the impacts of the 

24 program on the following: 

25 (i) Workforce sustainability. 


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1 (ii) Workforce skills enhancement. 

2 (iii) Short- and long-term cost-effec3 tiveness. 

4 (iv) Improved veteran employment in 

5 sustainable wage fields. 

6 (C) Any challenges, difficulties, or prob7 lems projected in recruiting apprentices, who 

8 are also veterans. 

9 (2) CONSULTATION.—The Secretary of Defense 

10 shall prepare the report in consultation with the Sec11 retary of Labor and the Secretary of Veterans Af12 fairs. 

13 (c) DEFINITIONS.—In this section: 

14 (1) The term ‘‘apprentice’’ means an individual 

15 who is employed pursuant to, and individually reg16 istered in, a qualified apprenticeship program. 

17 (2) The term ‘‘qualified apprenticeship pro18 gram’’ means an apprenticeship or other training 

19 program that qualifies as an employee welfare ben20 efit plan, as defined in section 3(1) of the Employee 

21 Retirement Income Security Act of 1974 (29 U.S.C. 

22 1002(1)). 

23 (3) The term ‘‘veteran’’ has the meaning given 

24 such term in section 101(2) of title 38, United 

25 States Code. 


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1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2811. NOTICE-AND-WAIT REQUIREMENTS APPLICABLE 

4 TO REAL PROPERTY TRANSACTIONS. 

5 (a) EXCEPTION FOR LEASES UNDER BASE CLOSURE

6 PROCESS.—Subsection (a)(1)(C) of section 2662 of title 

7 10, United States Code, is amended by inserting after 

8 ‘‘United States’’ the following: ‘‘(other than a lease or li9 cense entered into under section 2667(g) of this title)’’. 

10 (b) REPEAL OF ANNUAL REPORT ON MINOR REAL

11 ESTATE TRANSACTIONS.—Subsection (b) of such section 

12 is repealed. 

13 (c) GEOGRAPHIC SCOPE OF REQUIREMENTS.—Sub14 section (c) of such section is amended— 

15 (1) by striking ‘‘GEOGRAPHIC SCOPE; EX16 CEPTED’’ and inserting ‘‘EXCEPTED’’; 

17 (2) by striking the first sentence; and 

18 (3) by striking ‘‘It does not’’ and inserting 

19 ‘‘This section does not’’. 

20 (d) REPEAL OF NOTICE AND WAIT REQUIREMENT

21 REGARDING GSA LEASES OF SPACE FOR DOD.—Sub22 section (e) of such section is repealed. 

23 (e) ADDITIONAL REPORTING REQUIREMENTS RE24 GARDING LEASES OF REAL PROPERTY OWNED BY THE


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1 UNITED STATES.—Such section is further amended by in2 serting after subsection (a) the following new subsection: 

3 ‘‘(b) ADDITIONAL REPORTING REQUIREMENTS RE4 GARDING LEASES OF REAL PROPERTY OWNED BY THE

5 UNITED STATES.—(1) In the case of a proposed lease or 

6 license of real property owned by the United States cov7 ered by paragraph (1)(C) of subsection (a), the Secretary 

8 concerned shall comply with the notice-and-wait require9 ments of paragraph (3) of such subsection before— 

10 ‘‘(A) issuing a contract solicitation or other 

11 lease offering with regard to the transaction; and 

12 ‘‘(B) providing public notice regarding any 

13 meeting to discuss a proposed contract solicitation 

14 with regard to the transaction. 

15 ‘‘(2) The report under paragraph (3) of subsection 

16 (a) shall include the following with regard to a proposed 

17 transaction covered by paragraph (1)(C) of such sub18 section: 

19 ‘‘(A) A description of the proposed transaction, 

20 including the proposed duration of the lease or li21 cense. 

22 ‘‘(B) A description of the authorities to be used 

23 in entering into the transaction. 


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1 ‘‘(C) A statement of the scored cost of the en2 tire transaction, determined using the scoring cri3 teria of the Office of Management and Budget. 

4 ‘‘(D) A determination that the property in5 volved in the transaction is not excess property, as 

6 required by section 2667(a)(3) of this title, including 

7 the basis for the determination. 

8 ‘‘(E) A determination that the proposed trans9 action is directly compatible with the mission of the 

10 military installation or Defense Agency at which the 

11 property is located and a description of the antici12 pated long-term use of the property at the conclu13 sion of the lease or license. 

14 ‘‘(F) A description of the requirements or con15 ditions within the contract solicitation or other lease 

16 offering for the person making the offer to address 

17 taxation issues, including payments-in-lieu-of taxes, 

18 and other development issues related to local munici19 palities. 

20 ‘‘(G) If the proposed lease involves a project re21 lated to energy production, a certification by the 

22 Secretary of Defense that the project, as it will be 

23 specified in the contract solicitation or other lease 

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1 fense performance goals and plan required by sec2 tion 2911 of this title. 

3 ‘‘(3) The Secretary concerned may not enter into the 

4 actual lease or license with respect to property for which 

5 the information required by paragraph (2) was submitted 

6 in a report under subsection (a)(3) unless the Secretary 

7 again complies with the notice-and-wait requirements of 

8 such subsection. The subsequent report shall include the 

9 following with regard to the proposed transaction: 

10 ‘‘(A) A cross reference to the prior report that 

11 contained the information submitted under para12 graph (2) with respect to the transaction. 

13 ‘‘(B) A description of the differences between 

14 the information submitted under paragraph (2) and 

15 the information regarding the transaction being sub16 mitted in the subsequent report. 

17 ‘‘(C) A description of the payment to be re18 quired in connection with the lease or license, includ19 ing a description of any in-kind consideration that 

20 will be accepted. 

21 ‘‘(D) A description of any community support 

22 facility or provision of community support services 

23 under the lease or license, regardless of whether the 

24 facility will be operated by a covered entity (as de25 fined in section 2667(d) of this title) or the lessee 


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1 or the services will be provided by a covered entity 

2 or the lessee. 

3 ‘‘(E) A description of the competitive proce4 dures used to select the lessee or, in the case of a 

5 lease involving the public benefit exception author6 ized by section 2667(h)(2) of this title, a description 

7 of the public benefit to be served by the lease.’’. 

8 (f) CONFORMING AMENDMENTS.—Such section is 

9 further amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by striking ‘‘the Sec12 retary submits’’ in the matter preceding sub13 paragraph (A) and inserting ‘‘the Secretary 

14 concerned submits’’; and 

15 (B) in paragraph (3), by striking ‘‘the Sec16 retary of a military department or the Sec17 retary of Defense’’ and inserting ‘‘the Secretary 

18 concerned’’; 

19 (2) by redesignating subsections (f) and (g) as 

20 subsections (e) and (f), respectively; 

21 (3) in subsection (f), as so redesignated— 

22 (A) in paragraph (1), by striking ‘‘, and 

23 the reporting requirement set forth in sub24 section (e) shall not apply with respect to a real 


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1 property transaction otherwise covered by that 

2 subsection,’’; 

3 (B) in paragraph (3), by striking ‘‘or (e), 

4 as the case may be’’; and 

5 (C) by striking paragraph (4); and 

6 (4) by adding at the end the following new sub7 section: 

8 ‘‘(g) SECRETARY CONCERNED DEFINED.—In this 

9 section, the term ‘Secretary concerned’ includes, with re10 spect to Defense Agencies, the Secretary of Defense.’’. 

11 (g) CONFORMING AMENDMENTS TO LEASE OF NON12 EXCESS PROPERTY AUTHORITY.—Section 2667 of such 

13 title is amended— 

14 (1) in subsection (c), by striking paragraph (4); 

15 (2) in subsection (d), by striking paragraph (6); 

16 (3) in subsection (e)(1), by striking subpara17 graph (E); and 

18 (4) in subsection (h)— 

19 (A) by striking paragraphs (3) and (5); 

20 and 

21 (B) by redesignating paragraph (4) as 

22 paragraph (3). 


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1 SEC. 2812. TREATMENT OF PROCEEDS GENERATED FROM 

2 LEASES OF NON-EXCESS PROPERTY INVOLV3 ING MILITARY MUSEUMS. 

4 Section 2667(e)(1) of title 10, United States Code, 

5 as amended by section 2811(g), is amended by inserting 

6 after subparagraph (D) the following new subparagraph 

7 (E): 

8 ‘‘(E) If the proceeds deposited in the special account 

9 established for the Secretary concerned are derived from 

10 activities associated with a military museum described in 

11 section 489(a) of this title, the proceeds shall be available 

12 for activities described in subparagraph (C) only at that 

13 museum.’’. 

14 SEC. 2813. LIMITATION ON ENHANCED USE LEASES OF 

15 NON-EXCESS PROPERTY. 

16 (a) IN GENERAL.—Section 2667(b)(7) of title 10, 

17 United States Code, is amended by striking the period at 

18 the end and inserting ‘‘, or otherwise commit the Secretary 

19 concerned or the Department of Defense to annual pay20 ments in excess of such amount.’’. 

21 (b) ARMED FORCES RETIREMENT HOME.—Section 

22 1511(i)(2) of the Armed Forces Retirement Home Act of 

23 1991 (24 U.S.C. 411(i)(2)) is amended— 

24 (1) in subparagraph (D), by striking ‘‘; and’’ 

25 and inserting a semicolon; 


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1 (2) in subparagraph (E), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(F) may not provide for a leaseback by the 

6 Retirement Home with an annual payment in excess 

7 of $100,000, or otherwise commit the Retirement 

8 Home or the Department of Defense to annual pay9 ments in excess of such amount.’’. 

10 SEC. 2814. REPEAL OF EXPIRED AUTHORITY TO LEASE 

11 LAND FOR SPECIAL OPERATIONS ACTIVITIES. 

12 (a) REPEAL.—Section 2680 of title 10, United States 

13 Code, is repealed. 

14 (b) EFFECT OF REPEAL.—The amendment made by 

15 subsection (a) shall not affect the validity of any contract 

16 entered into under section 2680 of title 10, United States 

17 Code, on or before September 30, 2005. 

18 (c) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 159 of such title is amended 

20 by striking the item relating to section 2680. 

21 SEC. 2815. FORMER NAVAL BOMBARDMENT AREA, 

22 CULEBRA ISLAND, PUERTO RICO. 

23 (a) STUDY REQUIRED.—At the request of the Com24 monwealth of Puerto Rico, the Secretary of Defense shall 

25 conduct a study relating to the presence of unexploded 


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1 ordnance in a portion of the former bombardment area 

2 at Culebra Island, Puerto Rico, transferred to the Com3 monwealth of Puerto Rico by quitclaim deed. The Sec4 retary shall complete the study within 270 days after re5 ceiving the request from the Commonwealth. 

6 (b) CONTENTS OF STUDY.—The study shall include 

7 a specific assessment of Flamenco Beach located within 

8 the former bombardment area and shall include the fol9 lowing elements for each area: 

10 (1) An estimate of the type and amount of 

11 unexploded ordnance. 

12 (2) An estimate of the cost of removing 

13 unexploded ordnance. 

14 (3) An examination of the impact of such re15 moval on any endangered or threatened species and 

16 their habitat. 

17 (4) An examination of current public access to 

18 the former bombardment area. 

19 (5) An examination of any threats to public 

20 health or safety and the environment from 

21 unexploded ordnance. 

22 (c) CONSULTATION WITH COMMONWEALTH.—In 

23 conducting the study, the Secretary of Defense shall con24 sult with the Commonwealth of Puerto Rico regarding the 

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1 bardment area. The Secretary shall consider the Common2 wealth’s planned future uses in developing any conclusions 

3 or recommendations the Secretary may include in the 

4 study. 

5 (d) DEFINITIONS.—In this section: 

6 (1) The term ‘‘quitclaim deed’’ refers to the 

7 quitclaim deed from the United States to the Com8 monwealth of Puerto Rico, signed by the Secretary 

9 of the Interior on August 11, 1982, for that portion 

10 of Tract (1b) consisting of the former bombardment 

11 area on the island of Culebra, Puerto Rico. 

12 (2) The term ‘‘unexploded ordnance’’ has the 

13 meaning given that term by section 101(e)(5) of title 

14 10, United States Code. 

15 Subtitle C—Provisions Related to 

16 Guam Realignment 

17 SEC. 2821. EXTENSION OF TERM OF DEPUTY SECRETARY 

18 OF DEFENSE’S LEADERSHIP OF GUAM OVER19 SIGHT COUNCIL. 

20 Subsection (d) of section 132 of title 10, United 

21 States Code, as added by section 2831(a) of the Military 

22 Construction Authorization Act for Fiscal Year 2010 (di23 vision B of Public Law 111–84; 123 Stat. 2669), is 

24 amended by striking ‘‘September 30, 2015’’ and inserting 

25 ‘‘September 30, 2020’’. 


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1 SEC. 2822. UTILITY CONVEYANCES TO SUPPORT INTE2 GRATED WATER AND WASTEWATER TREAT3 MENT SYSTEM ON GUAM. 

4 (a) CONVEYANCE OF UTILITIES.—The Secretary of 

5 Defense may convey to the Guam Waterworks Authority 

6 (in this section referred to as the ‘‘Authority’’) all right, 

7 title, and interest of the United States in and to the water 

8 and wastewater treatment utility systems on Guam, in9 cluding the Fena Reservoir, for the purpose of establishing 

10 an integrated water and wastewater treatment system on 

11 Guam. 

12 (b) CONSIDERATION.— 

13 (1) CONSIDERATION REQUIRED.—As consider14 ation for the conveyance of the water and waste15 water treatment utility systems on Guam, the Au16 thority shall pay to the Secretary of Defense an 

17 amount equal to the fair market value of the utility 

18 infrastructure to be conveyed, as determined pursu19 ant to an agreement between the Secretary and the 

20 Authority. 

21 (2) DEFERRED PAYMENTS.—At the discretion 

22 of the Authority, the Authority may elect to pay the 

23 consideration determined under paragraph (1) in 

24 equal annual payments over a period of not more 

25 than 25 years, starting with the first year beginning 

26 after the date of the conveyance of the water and 


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1 wastewater treatment utility systems to the Author2 ity. 

3 (3) ACCEPTANCE OF IN-KIND SERVICES.—The 

4 consideration required by paragraph (1) may be paid 

5 in cash or in-kind, as acceptable to the Secretary of 

6 Defense. The Secretary of Defense, in consultation 

7 with the Secretary of the Interior, shall consider the 

8 value of in-kind services provided by the Government 

9 of Guam pursuant to section 311 of the Compact of 

10 Free Association between the Government of the 

11 United States and the Government of the Federated 

12 States of Micronesia, approved by Congress in the 

13 Compact of Free Association Amendments Act of 

14 2003 (Public Law 108–188; 117 Stat. 2781), sec15 tion 311 of the Compact of Free Association be16 tween the Government of the United States and the 

17 Government of the Republic of the Marshall Islands, 

18 approved by Congress in such Act, and the Compact 

19 of Free Association between the Government of the 

20 United States and the Government of the Republic 

21 of Palau, approved by Congress in the Palau Com22 pact of Free Association Act (Public Law 99–658; 

23 100 Stat. 3672). 

24 (c) CONDITION OF CONVEYANCE.—As a condition of 

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1 fense must obtain at least a 33 percent voting representa2 tion on the Guam Consolidated Commission on Utilities, 

3 including a proportional representation as chairperson of 

4 the Commission. 

5 (d) IMPLEMENTATION REPORT.— 

6 (1) REPORT REQUIRED.—If the Secretary of 

7 Defense determines to use the authority provided by 

8 subsection (a) to convey the water and wastewater 

9 treatment utility systems to the Authority, the Sec10 retary shall submit to the congressional defense com11 mittees a report containing— 

12 (A) a description of the actions needed to 

13 efficiently convey the water and wastewater 

14 treatment utility systems to the Authority; and 

15 (B) an estimate of the cost of the convey16 ance. 

17 (2) SUBMISSION.—The Secretary shall submit 

18 the report not later than 30 days after the date on 

19 which the Secretary makes the determination trig20 gering the report requirement. 

21 (e) NEW WATER SYSTEMS.—If the Secretary of De22 fense determines to use the authority provided by sub23 section (a) to convey the water and wastewater treatment 

24 utility systems to the Authority, the Secretary shall also 

25 enter into an agreement with the Authority, under which 


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1 the Authority will manage and operate any water well or 

2 wastewater treatment plant that is constructed by the Sec3 retary of a military department on Guam on or after the 

4 date of the enactment of this Act. 

5 (f) ADDITIONAL TERM AND CONDITIONS.—The Sec6 retary of Defense may require such additional terms and 

7 conditions in connection with the conveyance under this 

8 section as the Secretary considers appropriate to protect 

9 the interests of the United States. 

10 (g) TECHNICAL ASSISTANCE.— 

11 (1) ASSISTANCE AUTHORIZED; REIMBURSE12 MENT.—The Secretary of the Interior, acting 

13 through the Commissioner of the Bureau of Rec14 lamation, may provide technical assistance to the 

15 Secretary of Defense and the Authority regarding 

16 the development of plans for the design, construc17 tion, operation, and maintenance of integrated water 

18 and wastewater treatment utility systems on Guam. 

19 (2) CONTRACTING AUTHORITY; CONDITION.— 

20 The Secretary of the Interior, acting through the 

21 Commissioner of the Bureau of Reclamation, may 

22 enter into memoranda of understanding, cooperative 

23 agreements, and other agreements with the Sec24 retary of Defense to provide technical assistance as 

25 described in paragraph (1) under such terms and 


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1 conditions as the Secretary of the Interior and the 

2 Secretary of Defense consider appropriate, except 

3 that costs incurred by the Secretary of the Interior 

4 to provide technical assistance under paragraph (1) 

5 shall be covered by the Secretary of Defense. 

6 (3) REPORT AND OTHER ASSISTANCE.—Not 

7 later than one year after date of the enactment of 

8 this Act, the Secretary of the Interior and the Sec9 retary of Defense shall submit to the congressional 

10 defense committees, the Committee on Natural Re11 sources of the House of Representatives, and the 

12 Committee on Energy and Natural Resources of the 

13 Senate a report detailing the following: 

14 (A) Any technical assistance provided 

15 under paragraph (1) and information pertaining 

16 to any memoranda of understanding, coopera17 tive agreements, and other agreements entered 

18 into pursuant to paragraph (2). 

19 (B) An assessment of water and waste20 water systems on Guam, including cost esti21 mates and budget authority, including authori22 ties available under the Acts of June 17, 1902, 

23 and June 12, 1906 (popularly known as the 

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1 rior, for financing the design, construction, op2 eration, and maintenance of such systems. 

3 (C) The needs related to water and waste4 water infrastructure on Guam and the protec5 tion of water resources on Guam identified by 

6 the Authority. 

7 SEC. 2823. REPORT ON TYPES OF FACILITIES REQUIRED TO 

8 SUPPORT GUAM REALIGNMENT. 

9 (a) REPORT REQUIRED.—Not later than 180 days 

10 after the date of the enactment of the Act, the Secretary 

11 of Defense shall submit to the congressional defense com12 mittees a report on the structural integrity of facilities re13 quired to support the realignment of military installations 

14 and the relocation of military personnel on Guam. 

15 (b) CONTENTS OF REPORT.—The report required by 

16 subsection (a) shall contain the following elements: 

17 (1) A threat assessment to the realigned forces, 

18 including natural and manmade threats. 

19 (2) An evaluation of the types of facilities and 

20 the enhanced structural requirements required to 

21 deter the threat assessment specified in paragraph 

22 (1). 

23 (3) An assessment of the costs associated with 

24 the enhanced structural requirements specified in 

25 paragraph (2). 


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1 SEC. 2824. REPORT ON CIVILIAN INFRASTRUCTURE NEEDS 

2 FOR GUAM. 

3 (a) REPORT REQUIRED.—The Secretary of the Inte4 rior shall prepare a report— 

5 (1) detailing the civilian infrastructure improve6 ments needed on Guam to directly and indirectly 

7 support and sustain the realignment of military in8 stallations and the relocation of military personnel 

9 on Guam; and 

10 (2) identifying, to the maximum extent prac11 tical, the potential funding sources for such improve12 ments from other Federal departments and agencies 

13 and from existing authorities and funds within the 

14 Department of Defense. 

15 (b) CONSULTATION.—The Secretary of the Interior 

16 shall prepare the report required by subsection (a) in con17 sultation with the Secretary of Defense, the Government 

18 of Guam, and the Interagency Group on the Insular Areas 

19 established by Executive Order No. 13537. 

20 (c) SUBMISSION.—The Secretary of the Interior shall 

21 submit the report required by subsection (a) to the con22 gressional defense committees and the Committee on Nat23 ural Resources of the House of Representatives, and the 

24 Committee on Energy and Natural Resources of the Sen25 ate not later than 180 days after the date of the enact26 ment of this Act. 


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1 Subtitle D—Energy Security 

2 SEC. 2831. CONSIDERATION OF ENVIRONMENTALLY SUS3 TAINABLE PRACTICES IN DEPARTMENT EN4 ERGY PERFORMANCE PLAN. 

5 Section 2911(c) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (4), by inserting ‘‘and hybrid8 electric drive’’ after ‘‘alternative fuels’’; 

9 (2) by redesignating paragraph (9) as para10 graph (11); 

11 (3) by redesignating paragraphs (5) through 

12 (8) as paragraphs (6) through (9), respectively; 

13 (4) by inserting after paragraph (4) the fol14 lowing new paragraph: 

15 ‘‘(5) Opportunities for the high-performance 

16 construction, lease, operation, and maintenance of 

17 buildings.’’; and 

18 (5) by inserting after paragraph (9) (as redesig19 nated by paragraph (3)) the following new para20 graph: 

21 ‘‘(10) The value of incorporating electric, hy22 brid-electric, and high efficiency vehicles into vehicle 

23 fleets.’’. 


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1 SEC. 2832. ENHANCEMENT OF ENERGY SECURITY ACTIVI2 TIES OF THE DEPARTMENT OF DEFENSE. 

3 (a) ENERGY PERFORMANCE MASTER PLAN.— 

4 (1) ENHANCEMENT OF ENERGY PERFORMANCE

5 PLAN TO MASTER PLAN.—Subsection (b) of section 

6 2911 of title 10, United States Code, is amended to 

7 read as follows: 

8 ‘‘(b) ENERGY PERFORMANCE MASTER PLAN.—(1) 

9 The Secretary of Defense shall develop a comprehensive 

10 master plan for the achievement of the energy perform11 ance goals of the Department of Defense, as set forth in 

12 laws, executive orders, and Department of Defense poli13 cies. 

14 ‘‘(2) The master plan shall include the following: 

15 ‘‘(A) A separate master plan, developed by each 

16 military department and Defense Agency, for the 

17 achievement of energy performance goals. 

18 ‘‘(B) The use of a baseline standard for the 

19 measurement of energy consumption by transpor20 tation systems, support systems, utilities, and facili21 ties and infrastructure that is consistent for all of 

22 the military departments. 

23 ‘‘(C) A method of measurement of reductions or 

24 conservation in energy consumption that provides for 

25 the taking into account of changes in the current 


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1 size of fleets, number of facilities, and overall square 

2 footage of facility plants. 

3 ‘‘(D) Metrics to track annual progress in meet4 ing energy performance goals. 

5 ‘‘(E) A description of specific requirements, and 

6 proposed investments, in connection with the 

7 achievement of energy performance goals reflected in 

8 the budget of the President for each fiscal year (as 

9 submitted to Congress under section 1105(a) of title 

10 31). 

11 ‘‘(3) Not later than 30 days after the date on which 

12 the budget of the President is submitted to Congress for 

13 a fiscal year under section 1105(a) of title 31, the Sec14 retary shall submit the current version of the master plan 

15 to Congress.’’. 

16 (2) CONFORMING AMENDMENTS.—Such section 

17 is further amended by striking ‘‘plan’’ each place it 

18 appears and inserting ‘‘master plan’’. 

19 (3) SECTION HEADING AMENDMENT.—The 

20 heading of such section is amended to read as fol21 lows: 


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1 ‘‘§ 2911. Energy performance goals and master plan 

2 for the Department of Defense’’. 

3 (b) EXPANSION OF FACILITIES FOR WHICH USE OF

4 RENEWABLE ENERGY AND ENERGY EFFICIENT PROD5 UCTS IS REQUIRED.— 

6 (1) RENEWABLE ENERGY.—Subsection (a) of 

7 section 2915 of title 10, United States Code, is 

8 amended— 

9 (A) by inserting ‘‘and facility repairs and 

10 renovations’’ after ‘‘military family housing 

11 projects)’’; and 

12 (B) by striking ‘‘energy performance plan’’ 

13 and inserting ‘‘energy performance master 

14 plan’’. 

15 (2) CONSIDERATION IN DESIGN.—Subsection 

16 (b)(1) of such section is amended by striking ‘‘the 

17 design’’ and all that follows and inserting the fol18 lowing: ‘‘the design for the construction, repair, or 

19 renovation of facilities (including family housing and 

20 back-up power generation facilities) requires consid21 eration of energy systems using solar energy or 

22 other renewable forms of energy when use of a re23 newable form of energy— 

24 ‘‘(A) is consistent with the energy perform25 ance goals and energy performance master plan 


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1 for the Department of Defense developed under 

2 section 2911 of this title; and 

3 ‘‘(B) supported by the special consider4 ations specified in subsection (c) of such sec5 tion.’’. 

6 (3) ENERGY EFFICIENT PRODUCTS.—Sub7 section (e) of such section is amended— 

8 (A) by striking the heading and inserting 

9 the following: ‘‘USE OF ENERGY EFFICIENT

10 PRODUCTS IN FACILITIES.—’’; 

11 (B) in paragraph (1)— 

12 (i) by striking ‘‘new facility construc13 tion’’ and inserting ‘‘construction, repair, 

14 or renovation of facilities’’; and 

15 (ii) by striking ‘‘energy performance 

16 plan’’ and inserting ‘‘energy performance 

17 master plan’’; 

18 (C) by redesignating paragraph (2) as 

19 paragraph (3); and 

20 (D) by inserting after paragraph (1) the 

21 following new paragraph (2): 

22 ‘‘(2) For purposes of this subsection, energy efficient 

23 products may include, at a minimum, the following tech24 nologies, consistent with the products specified in para25 graph (3): 


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1 ‘‘(A) Roof-top solar thermal, photovoltaic, and 

2 energy reducing coating technologies. 

3 ‘‘(B) Energy management control and super4 visory control and data acquisition systems. 

5 ‘‘(C) Energy efficient heating, ventilation, and 

6 air conditioning systems. 

7 ‘‘(D) Thermal windows and insulation systems. 

8 ‘‘(E) Electric meters. 

9 ‘‘(F) Lighting, equipment, and appliances that 

10 are designed to use less electricity. 

11 ‘‘(G) Hybrid vehicle plug-in charging stations. 

12 ‘‘(H) Solar-power collecting structures to shade 

13 vehicle parking areas. 

14 ‘‘(I) Wall and roof insulation systems and air 

15 infiltration-mitigation systems, such as weather16 proofing.’’. 

17 (4) SECTION HEADING AMENDMENT.—The 

18 heading of such section is amended to read as fol19 lows: 

20 ‘‘§ 2915. Facilities: use of renewable forms of energy 

21 and energy efficient products’’. 

22 (c) OTHER AMENDMENTS.— 

23 (1) CONFORMING AMENDMENT.—Section 

24 2925(a) of title 10, United States Code, is amended 

25 by striking ‘‘energy performance plan’’ each place it 


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1 appears and inserting ‘‘energy performance master 

2 plan’’. 

3 (2) CLERICAL AMENDMENTS.—The table of sec4 tions at the beginning of subchapter I of chapter 

5 173 of such title is amended— 

6 (A) by striking the item relating to section 

7 2911 and inserting the following new item: 

‘‘2911. Energy performance goals and master plan for the Department of Defense.’’; and 

8 (B) by striking the item relating to section 

9 2915 and inserting the following new item: 

‘‘2915. Facilities: use of renewable forms of energy and energy efficient products.’’. 

10 Subtitle E—Land Conveyances 

11 SEC. 2841. LAND CONVEYANCE, DEFENSE FUEL SUPPORT 

12 POINT (DFSP) WHITTIER, ALASKA. 

13 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

14 the Army or the Secretary of the Air Force may convey 

15 to the City of Whittier, Alaska (in this section referred 

16 to as the ‘‘City’’), all right, title, and interest of the United 

17 States in and to a parcel of real property, including any 

18 improvements thereon, consisting of approximately 62 

19 acres, located at the Defense Fuel Support Point (DFSP) 

20 Whittier, Alaska, that the Secretary making the convey21 ance considers appropriate in the public interest. 

22 (b) CONSIDERATION.—As consideration for the con23 veyance under subsection (a), the City shall pay to the 


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1 Secretary conveying the property an amount that is not 

2 less than the fair market value of the property conveyed, 

3 as determined by the Secretary. The Secretary’s deter4 mination shall be final. In lieu of all or a portion of cash 

5 payment of consideration, the Secretary may accept in6 kind consideration, including environmental remediation 

7 for the property conveyed. 

8 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

9 (1) PAYMENT REQUIRED.—The Secretary con10 veying property under subsection (a) shall require 

11 the City to reimburse the Secretary to cover costs 

12 (except costs for environmental remediation of the 

13 property) to be incurred by the Secretary, or to re14 imburse the Secretary for costs incurred by the Sec15 retary, to carry out the conveyance under subsection 

16 (a), including survey costs, costs related to environ17 mental documentation, and any other administrative 

18 costs related to the conveyance. If amounts are col19 lected in advance of the Secretary incurring the ac20 tual costs, and the amount collected exceeds the 

21 costs actually incurred by the Secretary to carry out 

22 the conveyance, the Secretary shall refund the excess 

23 amount to the City of Whittier. 

24 (2) TREATMENT OF AMOUNTS RECEIVED.— 

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1 graph (1) shall be credited to the fund or account 

2 that was used to cover those costs incurred by the 

3 Secretary in carrying out the conveyance. Amounts 

4 so credited shall be merged with amounts in such 

5 fund or account and shall be available for the same 

6 purposes, and subject to the same conditions and 

7 limitations, as amounts in such fund or account. 

8 (d) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

9 Nothing in this section shall be construed to affect or limit 

10 the application of, or any obligation to comply with, any 

11 environmental law, including the Comprehensive Environ12 mental Response, Compensation, and Liability Act of 

13 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Dis14 posal Act (42 U.S.C. 6901 et seq.). 

15 (e) TREATMENT OF CASH CONSIDERATION RE16 CEIVED.—Any cash payment received by the United 

17 States as consideration for the conveyance under sub18 section (a) shall be deposited in the special account in the 

19 Treasury established under subsection (b) of section 572 

20 of title 40, United States Code, and shall be available in 

21 accordance with paragraph (5)(B) of such subsection. 

22 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

23 and legal description of the parcel of real property to be 

24 conveyed under this section shall be determined by a sur25 vey satisfactory to the Secretary of the Interior. 


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1 (g) ADDITIONAL TERMS AND CONDITIONS.—The 

2 Secretary making the conveyance under subsection (a) 

3 may require such additional terms and conditions in con4 nection with the conveyance as the Secretary considers ap5 propriate to protect the interests of the United States. 

6 SEC. 2842. LAND CONVEYANCE, FORT KNOX, KENTUCKY. 

7 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

8 the Army may convey, without consideration, to the De9 partment of Veterans Affairs of the Commonwealth of 

10 Kentucky (in this section referred to as the ‘‘Depart11 ment’’) all right, title, and interest of the United States 

12 in and to a parcel of real property, including any improve13 ments thereon, consisting of approximately 194 acres at 

14 Fort Knox, Kentucky, for the purpose of permitting the 

15 Department to establish and operate a State veterans 

16 home and future expansion of the adjacent State veterans 

17 cemetery for veterans and eligible family members of the 

18 Armed Forces. 

19 (b) REVERSIONARY INTEREST.—If the Secretary de20 termines at any time that the real property conveyed 

21 under subsection (a) is not being used in accordance with 

22 the purpose of the conveyance specified in such subsection, 

23 all right, title, and interest in and to the property shall 

24 revert, at the option of the Secretary, to the United States, 

25 and the United States shall have the right of immediate 


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1 entry onto the property. Any determination of the Sec2 retary under this subsection shall be made on the record 

3 after an opportunity for a hearing. 

4 (c) PAYMENT OR COSTS OF CONVEYANCE.— 

5 (1) IN GENERAL.—The Secretary shall require 

6 the Department to cover costs to be incurred by the 

7 Secretary, or to reimburse the Secretary for costs in8 curred by the Secretary, to carry out the conveyance 

9 under subsection (a), including costs related to envi10 ronmental documentation and other administrative 

11 costs. This paragraph does not apply to costs associ12 ated with the environment al remediation of the 

13 property to be conveyed. 

14 (2) TREATMENT OF AMOUNTS RECEIVED.— 

15 Amounts received as reimbursements under para16 graph (1) shall be credited to the fund or account 

17 that was used to cover the costs incurred by the Sec18 retary in carrying out the conveyance. Amounts so 

19 credited shall be merged with amounts in such fund 

20 or account and shall be available for the same pur21 poses, and subject to the same conditions and limita22 tions, as amounts in such fund or account. 

23 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

24 and legal description of the real property to be conveyed 


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1 under subsection (a) shall be determined by a survey satis2 factory to the Secretary. 

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

4 Secretary may require such additional terms and condi5 tions in connection with the conveyance under subsection 

6 (a) as the Secretary considers appropriate to protect the 

7 interests of the United States. 

8 SEC. 2843. LAND CONVEYANCE, NAVAL SUPPORT ACTIVITY 

9 (WEST BANK), NEW ORLEANS, LOUISIANA. 

10 (a) CONVEYANCE AUTHORIZED.—Except as provided 

11 in subsection (b), the Secretary of the Navy may convey 

12 to the Algiers Development District all right, title, and in13 terest of the United States in and to the real property 

14 comprising the Naval Support Activity (West Bank), New 

15 Orleans, Louisiana, including— 

16 (1) any improvements and facilities on the real 

17 property; and 

18 (2) available personal property on the real prop19 erty. 

20 (b) CERTAIN PROPERTY EXCLUDED.—The convey21 ance under subsection (a) may not include— 

22 (1) the approximately 29-acre area known as 

23 the Secured Area of the real property described in 

24 such subsection, which shall remain subject to the 

25 Lease; and 


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1 (2) the Quarters A site, which is located at 

2 Sanctuary Drive, as determined by a survey satisfac3 tory to the Secretary of the Navy. 

4 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

5 and legal description of the real property to be conveyed 

6 under subsection (a) shall be determined by a survey satis7 factory to the Secretary of the Navy. 

8 (d) TIMING.—The authority provided in subsection 

9 (a) may only be exercised after— 

10 (1) the Secretary of the Navy determines that 

11 the property described in subsection (a) is no longer 

12 needed by the Department of the Navy; and 

13 (2) the Algiers Development District delivers 

14 the full consideration as required by Article 3 of the 

15 Lease. 

16 (e) CONDITION OF CONVEYANCE.—The conveyance 

17 authorized by subsection (a) shall include a condition that 

18 expressly prohibits any use of the property that would 

19 interfere or otherwise restrict operations of the Depart20 ment of the Navy in the Secured Area referred to in sub21 section (b), as determined by the Secretary of the Navy. 

22 (f) SUBSEQUENT CONVEYANCE OF SECURED

23 AREA.—If at any time the Secretary of the Navy deter24 mines and notifies the Algiers Development District that 

25 there is no longer a continuing requirement to occupy or 


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1 otherwise control the Secured Area referred to in sub2 section (b) to support the mission of the Marine Forces 

3 Reserve or other comparable Marine Corps use, the Sec4 retary may convey to the Algiers Development District the 

5 Secured Area and the any improvements situated thereon. 

6 (g) SUBSEQUENT CONVEYANCE OF QUARTERS A.— 

7 If at any time the Secretary of the Navy determines that 

8 the Department of the Navy no longer has a continuing 

9 requirement for general officers quarters to be located on 

10 the Quarters A site referred to in subsection (b) or the 

11 Department of the Navy elects or offers to transfer, sell, 

12 lease, assign, gift or otherwise convey any or all of the 

13 Quarters A site or any improvements thereon to any third 

14 party, the Secretary may convey to the Algiers Develop15 ment District the real property containing the Quarters 

16 A site. 

17 (h) ADDITIONAL TERMS AND CONDITIONS.—The 

18 Secretary of the Navy may require such additional terms 

19 and conditions in connection with the conveyance of prop20 erty under this section, consistent with the Lease, as the 

21 Secretary considers appropriate to protect the interest of 

22 the United States. 

23 (i) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘Algiers Development District’’ 

2 means the Algiers Development District, a local po3 litical subdivision of the State of Louisiana. 

4 (2) The term ‘‘Lease’’ means that certain Real 

5 Estate Lease for Naval Support Activity New Orle6 ans, West Bank, New Orleans, Louisiana, Lease No. 

7 N47692–08–RP–08P30, by and between the United 

8 States, acting by and through the Department of the 

9 Navy, and the Algiers Development District dated 

10 September 30, 2008. 

11 SEC. 2844. LAND CONVEYANCE, FORMER NAVY EXTREMELY 

12 LOW FREQUENCY COMMUNICATIONS 

13 PROJECT SITE, REPUBLIC, MICHIGAN. 

14 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

15 the Navy may convey, without consideration, to Humboldt 

16 Township in Marquette County, Michigan, all right, title, 

17 and interest of the United States in and to a parcel of 

18 real property, including any improvements thereon, in Re19 public, Michigan, consisting of approximately seven acres 

20 and formerly used as an Extremely Low Frequency com21 munications project site, for the purpose of permitting the 

22 Township to use the property for public benefit. 

23 (b) DESCRIPTION OF PROPERTY.—The exact acreage 

24 and legal description of the real property to be conveyed 


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1 under subsection (a) shall be determined by a survey satis2 factory to the Secretary. 

3 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

4 Secretary may require such additional terms and condi5 tions in connection with the conveyance under subsection 

6 (a) as the Secretary considers appropriate to protect the 

7 interests of the United States. 

8 SEC. 2845. LAND CONVEYANCE, MARINE FORCES RESERVE 

9 CENTER, WILMINGTON, NORTH CAROLINA. 

10 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

11 the Navy may convey to the North Carolina State Port 

12 Authority of Wilmington, North Carolina (in this section 

13 referred to as the ‘‘Port Authority’’), all right, title, and 

14 interest of the United States in and to a parcel of real 

15 property, including any improvements thereon, consisting 

16 of approximately 3.03 acres and known as the Marine 

17 Forces Reserve Center in Wilmington, North Carolina, for 

18 the purpose of permitting the Port Authority to use the 

19 parcel for development of a port facility and for other pub20 lic purposes. 

21 (b) INCLUSION OF PERSONAL PROPERTY.—The Sec22 retary of the Navy may include as part of the conveyance 

23 under subsection (a) personal property of the Navy at the 

24 Marine Forces Reserve Center that the Secretary of 

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1 opment or operation of the port facility and the Secretary 

2 of the Navy agrees is excess to the needs of the Navy. 

3 (c) INTERIM LEASE.—Until such time as the real 

4 property described in subsection (a) is conveyed by deed, 

5 the Secretary of the Navy may lease the property to the 

6 Port Authority. 

7 (d) CONSIDERATION.— 

8 (1) CONVEYANCE.—The conveyance under sub9 section (a) shall be made without consideration as a 

10 public benefit conveyance for port development if the 

11 Secretary of the Navy determines that the Port Au12 thority satisfies the criteria specified in section 554 

13 of title 40, United States Code, and regulations pre14 scribed to implement such section. If the Secretary 

15 determines that the Port Authority fails to qualify 

16 for a public benefit conveyance, but still desires to 

17 acquire the property, the Port Authority shall pay to 

18 the United States an amount equal to the fair mar19 ket value of the property to be conveyed. The fair 

20 market value of the property shall be determined by 

21 the Secretary. 

22 (2) LEASE.—The Secretary of the Navy may 

23 accept as consideration for a lease of the property 

24 under subsection (c) an amount that is less than fair 


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1 market value if the Secretary determines that the 

2 public interest will be served as a result of the lease. 

3 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

4 and legal description of the property to be conveyed under 

5 subsection (a) shall be determined by a survey satisfactory 

6 to the Secretary of the Navy and the Port Authority. The 

7 cost of such survey shall be borne by the Port Authority. 

8 (f) ADDITIONAL TERMS.—The Secretary of the Navy 

9 may require such additional terms and conditions in con10 nection with the conveyance as the Secretary considers ap11 propriate to protect the interests of the United States. 

12 Subtitle F—Other Matters 

13 SEC. 2851. LIMITATION ON AVAILABILITY OF FUNDS PEND14 ING REPORT REGARDING CONSTRUCTION OF 

15 A NEW OUTLYING LANDING FIELD IN NORTH 

16 CAROLINA AND VIRGINIA. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) The Navy has studied the feasibility and po20 tential locations of a new outlying landing field on 

21 the East Coast since 2001. 

22 (2) Since January 2008, the Navy has studied 

23 five potential sites in North Carolina and Virginia, 

24 whose communities have expressed opposition. Some 

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1 ation are located have taken formal action in opposi2 tion by resolution or correspondence to the Navy and 

3 congressional officials. 

4 (b) LIMITATION ON FUNDS PENDING REPORT.— 

5 (1) IN GENERAL.—The Secretary of the Navy 

6 may not obligate or expend funds for the study or 

7 development of a new outlying landing field in North 

8 Carolina or Virginia after fiscal year 2011 until the 

9 Secretary has provided the congressional defense 

10 committees a report on the Navy’s efforts with re11 spect to the outlying landing field. 

12 (2) ELEMENTS OF REPORT.—The report re13 quired under paragraph (1) shall include the fol14 lowing: 

15 (A) A description of the actual training re16 quirements and completed training events in17 volving Fleet Carrier Landing Practice oper18 ations at Naval Air Station Oceana and Naval 

19 Auxiliary Landing Field Fentress for the pre20 vious 10 years, to include statistics for the cur21 rent fiscal year. 

22 (B) An assessment of the aviation training 

23 requirements and completed aviation training 

24 events conducted on all existing Navy outlying 

25 landing fields and installations located in North 


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1 Carolina and Virginia, to include statistics for 

2 the current fiscal year. 

3 (C) An assessment of the suitability of all 

4 Naval installations in North Carolina and Vir5 ginia to conduct Fleet Carrier Landing Practice 

6 operations, including necessary facility modi7 fications and requirements to de-conflict with 

8 current operations at each installation. 

9 (D) A description of the estimated funding 

10 necessary to construct a new outlying landing 

11 field at each of the five sites under current con12 sideration, and a cost comparison analysis be13 tween construction of a new outlying landing 

14 field versus use of an existing facility. 

15 (E) A description of all completed or pend16 ing environmental studies conducted on any of 

17 the five sites currently under consideration, in18 cluding the methodology, conclusions, and rec19 ommendations. 

20 (F) Criteria for the basing of the Joint 

21 Strike Fighter F-35 aircraft and a description 

22 of the outlying landing field facilities that will 

23 be required to support its training require24 ments. 


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1 SEC. 2852. REQUIREMENTS RELATED TO PROVIDING 

2 WORLD CLASS MILITARY MEDICAL CENTERS. 

3 (a) UNIFIED CONSTRUCTION STANDARD FOR MILI4 TARY CONSTRUCTION AND REPAIRS TO MILITARY MED5 ICAL CENTERS.—Not later than 180 days after the date 

6 of the enactment of this Act, the Secretary of Defense 

7 shall establish a unified construction standard for military 

8 construction and repairs for military medical centers that 

9 provides a single standard of care. This standard shall also 

10 include— 

11 (1) size standards for operating rooms and pa12 tient recovery rooms; and 

13 (2) such other construction standards that the 

14 Secretary considers necessary to support military 

15 medical centers. 

16 (b) INDEPENDENT REVIEW PANEL.— 

17 (1) ESTABLISHMENT; PURPOSE.—The Sec18 retary of Defense shall establish an independent ad19 visory panel for the purpose of— 

20 (A) reviewing the unified construction 

21 standards established pursuant to subsection 

22 (a) to determine the standards consistency with 

23 industry practices and benchmarks for world 

24 class medical construction; 

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1 sure medical construction standards are uni2 formly applied across applicable military med3 ical centers; 

4 (C) assessing the approach of the Depart5 ment of Defense approach to planning and pro6 gramming facility improvements with specific 

7 emphasis on— 

8 (i) facility selection criteria and pro9 portional assessment system; and 

10 (ii) facility programming responsibil11 ities between the Assistant Secretary of 

12 Defense for Health Affairs and the Secre13 taries of the military departments; 

14 (D) assessing whether the Comprehensive 

15 Master Plan for the National Capital Region 

16 Medical, dated April 2010, is adequate to fulfill 

17 statutory requirements, as required by section 

18 2714 of the Military Construction Authorization 

19 Act for Fiscal Year 2010 (division B of Public 

20 Law 111–84; 123 Stat. 2656), to ensure that 

21 the facilities and organizational structure de22 scribed in the plan result in world class military 

23 medical centers in the National Capital Region; 

24 and 


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1 (E) making recommendations regarding 

2 any adjustments of the master plan referred to 

3 in subparagraph (D) that are needed to ensure 

4 the provision of world class military medical 

5 centers and delivery system in the National 

6 Capital Region. 

7 (2) MEMBERS.— 

8 (A) APPOINTMENTS BY SECRETARY.—The 

9 panel shall be composed of such members as de10 termined by the Secretary of Defense, except 

11 that the Secretary shall include as members— 

12 (i) medical facility design experts; 

13 (ii) military healthcare professionals; 

14 (iii) representatives of premier health 

15 care centers in the United States; and 

16 (iv) former retired senior military offi17 cers with joint operational and budgetary 

18 experience. 

19 (B) CONGRESSIONAL APPOINTMENTS.— 

20 The chairmen and ranking members of the 

21 Committees on the Armed Services of the Sen22 ate and House of Representatives may each 

23 designate one member of the panel. 


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1 (C) TERM.—Members of the panel may 

2 serve on the panel until the termination date 

3 specified in paragraph (7). 

4 (D) COMPENSATION.—While performing 

5 duties on behalf of the panel, a member and 

6 any adviser referred to in paragraph (4) shall 

7 be reimbursed under Government travel regula8 tions for necessary travel expenses. 

9 (3) MEETINGS.—The panel shall meet not less 

10 than quarterly. The panel or its members may make 

11 other visits to military treatment centers and mili12 tary headquarters in connection with the duties of 

13 the panel. 

14 (4) STAFF AND ADVISORS.—The Secretary of 

15 Defense shall provide necessary administrative staff 

16 support to the panel. The panel may call in advisers 

17 for consultation. 

18 (5) REPORTS.— 

19 (A) INITIAL REPORT.—Not later than 120 

20 days after the first meeting of the panel, the 

21 panel shall submit to the Secretary of Defense 

22 a written report containing— 

23 (i) an assessment of the adequacy of 

24 the plan of the Department of Defense to 

25 address the items specified in subparaVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 graphs (A) through (E) of paragraph (1) 

2 relating to the purposes of the panel; and 

3 (ii) the recommendations of the panel 

4 to improve the plan. 

5 (B) ADDITIONAL REPORTS.—Not later 

6 than February 1, 2011, and each February 1 

7 thereafter until termination of the panel, the 

8 panel shall submit to the Secretary of Defense 

9 a report on the findings and recommendations 

10 of the panel to address any deficiencies identi11 fied by the panel. 

12 (6) ASSESSMENT OF RECOMMENDATIONS.—Not 

13 later than 30 days after the date of the submission 

14 of each report under paragraph (5), the Secretary of 

15 Defense shall submit to the congressional defense 

16 committees a report including— 

17 (A) a copy of the panel’s assessment; 

18 (B) an assessment by the Secretary of the 

19 findings and recommendations of the panel; and 

20 (C) the plans of the Secretary for address21 ing such findings and recommendations. 

22 (7) TERMINATION.—The panel shall terminate 

23 on September 30, 2015. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) NATIONAL CAPITAL REGION.—The term 

2 ‘‘National Capital Region’’ has the meaning given 

3 the term in section 2674(f) of title 10, United States 

4 Code. 

5 (2) WORLD CLASS MILITARY MEDICAL CEN6 TER.—The term ‘‘world class military medical cen7 ter’’ has the meaning given the term ‘‘world class 

8 military medical facility’’ by the National Capital 

9 Region Base Realignment and Closure Health Sys10 tems Advisory Subcommittee of the Defense Health 

11 Board in appendix B of the report titled ‘‘Achieving 

12 World Class—An Independent Review of the Design 

13 Plans for the Walter Reed National Military Medical 

14 Center and the Fort Belvoir Community Hospital’’ 

15 and published in May 2009, as required by section 

16 2721 of the Military Construction Authorization Act 

17 for Fiscal Year 2009 (division B of Public Law 110– 

18 417; 122 Stat. 4716). 

19 SEC. 2853. REPORT ON FUEL INFRASTRUCTURE 

20 SUSTAINMENT, RESTORATION, AND MOD21 ERNIZATION REQUIREMENTS. 

22 Not later than 270 days after the date of the enact23 ment of this Act, the Director of the Defense Logistics 

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1 tees a report on the fuel infrastructure of the Department 

2 of Defense. The report shall include the following: 

3 (1) Fiscal projections for fuel infrastructure 

4 sustainment, restoration, and modernization require5 ments to fully meet Department of Defense 

6 sustainment models and industry recapitalization 

7 practices. 

8 (2) An assessment of the risk associated with 

9 not providing adequate funding to support such fuel 

10 infrastructure sustainment, restoration, and mod11 ernization requirements. 

12 (3) An assessment of fuel infrastructure real 

13 property deficiencies impacting the ability of the De14 fense Logistics Agency to fully support mission re15 quirements. 

16 (4) An assessment of environmental liabilities 

17 associated with current fueling operations. 

18 (5) A list of real property previously used to 

19 support fuel infrastructure and an assessment of the 

20 environmental liabilities associated with such real 

21 property and whether any of such real property can 

22 be declared excess to the needs of the Department 

23 of Defense. 


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1 (6) An assessment of the real property demar2 cation between the Secretaries of the military de3 partments and the Defense Logistics Agency. 

4 SEC. 2854. NAMING OF ARMED FORCES RESERVE CENTER, 

5 MIDDLETOWN, CONNECTICUT. 

6 The newly constructed Armed Forces Reserve Center 

7 in Middletown, Connecticut, shall be known and des8 ignated as the ‘‘Major General Maurice Rose Armed 

9 Forces Reserve Center’’. Any reference in a law, map, reg10 ulation, document, paper, or other record of the United 

11 States to such Armed Forces Reserve Center shall be 

12 deemed to be a reference to the Major General Maurice 

13 Rose Armed Forces Reserve Center. 

14 SEC. 2855. SENSE OF CONGRESS ON PROPOSED EXTENSION 

15 OF THE ALASKA RAILROAD CORRIDOR 

16 ACROSS FEDERAL LAND IN ALASKA. 

17 (a) FINDING.—Congress finds that the Alaska Rail18 road proposes the extension of its railroad corridor over 

19 approximately 950 acres of land located south and east 

20 of North Pole, Alaska, including lands located near or ad21 jacent to the Chena River spillway, Eielson Air Force 

22 Base, Tanana Flats Training Area (Fort Wainwright), 

23 Donnelly Training Area (Fort Wainwright), and Fort 

24 Greely. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Department of the Army and the Depart3 ment of the Air Force should explore means of accommo4 dating the railroad corridor expansion referred to in sub5 section (a) using existing authorities that will not ad6 versely impact military missions, operations, and training. 

7 SEC. 2856. SENSE OF CONGRESS ON IMPROVING MILITARY 

8 HOUSING FOR MEMBERS OF THE AIR FORCE. 

9 (a) FINDING.—Congress makes the following find10 ings: 

11 (1) In the mid-1990s, the Department of De12 fense became concerned that inadequate and poor 

13 quality housing for members of the Armed Forces 

14 was adversely affecting the quality of life for mem15 bers and their families and adversely affecting mili16 tary readiness by contributing to decisions by mem17 bers to leave the Armed Forces. 

18 (2) At that time, the Department of Defense 

19 designated about 180,000 houses, or nearly two20 thirds of its domestic family housing inventory, as 

21 inadequate and needing repair or complete replace22 ment. 

23 (3) The Department of Defense believed that it 

24 would need about $20,000,000,000 in appropriated 

25 funds and would take up to 40 years to eliminate 


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1 poor quality military housing through new construc2 tion or renovation using its traditional military con3 struction approach. 

4 (4) In 1996, Congress enacted the Military 

5 Housing Privatization Initiative to provide the De6 partment of Defense with a variety of authorities to 

7 obtain private sector financing and management for 

8 the repair, renovation, construction, and manage9 ment of military family housing. 

10 (5) The Air Force has used the Military Hous11 ing Privatization Initiative to award 27 projects at 

12 44 military bases to improve over 37,000 homes. 

13 (6) The Air Force has received $7,100,000,000 

14 in total development investment from the private 

15 sector for new housing with a taxpayer contribution 

16 of approximately $425,000,000, representing a 15 to 

17 1 leveraging of taxpayer dollars. 

18 (7) The Air Force, like the other military serv19 ices, has been able to leverage varying conditions of 

20 housing at military bases into fiscally viable projects 

21 by packaging housing inventories at multiple bases 

22 into a single transaction. 

23 (8) Congress has approved transactions involv24 ing the packaging of multiple bases as a critical tool 

25 to maximize the efficient use of taxpayer funds. 


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1 (9) Congress supports the goal of the Air Force 

2 to complete transactions for the repair, renovation, 

3 construction, and management of 100 percent of 

4 their military family housing inventory in the United 

5 States by December 31, 2012. 

6 (10) The Air Force currently has 6 project so7 licitations prepared for open competition at 22 Air 

8 Force installations to improve over 15,000 homes. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that the Secretary of the Air Force should use exist11 ing authority to carry out solicitations for the 6 military 

12 housing projects involving the packaging of 22 bases con13 sistent with the goal of improving 15,000 homes for Air 

14 Force personnel and their families by December 31, 2012. 

15 SEC. 2857. SENSE OF CONGRESS REGARDING REC16 REATIONAL HUNTING AND FISHING ON MILI17 TARY INSTALLATIONS. 

18 It is the sense of the Congress that— 

19 (1) military installations that permit public ac20 cess for recreational hunting and fishing should con21 tinue to permit such hunting and fishing where ap22 propriate; 

23 (2) permitting the public to access military in24 stallations for recreational hunting and fishing bene25 fits local communities by conserving and promoting 


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1 the outdoors and establishing positive relations be2 tween the civilian and defense sectors; 

3 (3) any military installations that make rec4 reational hunting and fishing permits available for 

5 purchase should provide a discounted rate for active 

6 and retired members of the Armed Forces and vet7 erans with disabilities; and 

8 (4) the Department of Defense, all of the serv9 ice branches, and military installations that permit 

10 public access for recreational hunting and fishing 

11 should promote access to such installations by mak12 ing the appropriate accommodations for members of 

13 the Armed Forces and veterans with disabilities. 

14 TITLE XXIX—OVERSEAS CONTIN15 GENCY OPERATIONS MILI16 TARY 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. 

17 SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 

18 ACQUISITION PROJECTS. 

19 (a) OUTSIDE THE UNITED STATES.—The Secretary 

20 of the Army may acquire real property and carry out mili21 tary construction projects for the installations or locations 

22 outside the United States, and in the amounts, set forth 

23 in the following table: 


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Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan .................. Bagram Air Base ....................................... $270,000,000 

Delaram II ................................................. $4,400,000 

Dwyer ......................................................... $74,100,000 

Frontenac ................................................... $8,400,000 

Kandahar ................................................... $80,400,000 

Maywand .................................................... $7,000,000 

Shank ......................................................... $98,300,000 

Sharana ...................................................... $12,400,000 

Shindand .................................................... $6,100,000 

Tarin Kowt ................................................ $29,600,000 

Tombstone/Bastion .................................... $112,600,000 

Various locations ........................................ $100,000,000 

Wolverine ................................................... $13,000,000 

1 (b) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) OUTSIDE THE UNITED STATES.—For mili3 tary construction projects outside the United States 

4 authorized by subsection (a), funds are hereby au5 thorized to be appropriated for fiscal years begin6 ning after September 30, 2010, in the total amount 

7 of $816,300,000. 

8 (2) UNSPECIFIED MINOR MILITARY CONSTRUC9 TION PROJECTS.—For unspecified minor military 

10 construction projects authorized by section 2805 of 

11 title 10, United States Code, funds are hereby au12 thorized to be appropriated for fiscal years begin13 ning after September 30, 2010, in the total amount 

14 of $78,350,000. 

15 (3) ARCHITECTURAL AND ENGINEERING SERV16 ICES AND CONSTRUCTION DESIGN.—For architec17 tural and engineering services and construction de18 sign under section 2807 of title 10, United States 


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1 Code, funds are hereby authorized to be appro2 priated for fiscal years beginning after September 

3 30, 2010, in the total amount of $79,716,000. 

4 (4) OVERSIGHT.—For the Department of De5 fense Inspector General, funds are hereby authorized 

6 to be appropriated for fiscal years beginning after 

7 September 30, 2010, in the total amount of 

8 $7,000,000. 

9 SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 

10 LAND ACQUISITION PROJECT. 

11 (a) OUTSIDE THE UNITED STATES.—The Secretary 

12 of the Air Force may acquire real property and carry out 

13 military construction projects for the installations or loca14 tions outside the United States, and in the amounts, set 

15 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 

16 (b) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) OUTSIDE THE UNITED STATES.—For mili18 tary construction projects outside the United States 

19 authorized by subsection (a), funds are hereby au20 thorized to be appropriated for fiscal years begin21 ning after September 30, 2010, in the total amount 

22 of $132,000,000. 


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1 (2) UNSPECIFIED MINOR MILITARY CONSTRUC2 TION PROJECTS.—For unspecified minor military 

3 construction projects authorized by section 2805 of 

4 title 10, United States Code, funds are hereby au5 thorized to be appropriated for fiscal years begin6 ning after September 30, 2010, in the total amount 

7 of $49,584,000. 

8 (3) ARCHITECTURAL AND ENGINEERING SERV9 ICES AND CONSTRUCTION DESIGN.—For architec10 tural and engineering services and construction de11 sign under section 2807 of title 10, United States 

12 Code, funds are hereby authorized to be appro13 priated for fiscal years beginning after September 

14 30, 2010, in the total amount of $13,422,000. 

15 SEC. 2903. AUTHORIZED DEFENSE WIDE CONSTRUCTION 

16 AND LAND ACQUISITION PROJECTS AND AU17 THORIZATION OF APPROPRIATIONS. 

18 (a) OUTSIDE THE UNITED STATES.—The Secretary 

19 of Defense may acquire real property and carry out mili20 tary construction projects for the Defense Agencies for the 

21 installations or locations outside the United States, and 

22 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 

23 (b) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) OUTSIDE THE UNITED STATES.—For mili2 tary construction projects outside the United States 

3 authorized by subsection (a), funds are hereby au4 thorized to be appropriated for fiscal years begin5 ning after September 30, 2010, in the total amount 

6 of $41,900,000. 

7 (2) ARCHITECTURAL AND ENGINEERING SERV8 ICES AND CONSTRUCTION DESIGN.—For architec9 tural and engineering services and construction de10 sign authorized by section 2807 of title 10, United 

11 States Code, funds are hereby authorized to be ap12 propriated for fiscal years beginning after September 

13 30, 2010, in the total amount of $4,600,000. 


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1 TITLE XXX—MILITARY CON2 STRUCTION FUNDING TABLES 

Sec. 3001. Military construction. 

Sec. 3002. Overseas contingency operations. 

3

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 

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 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

Army Fort Bliss Squad Defense Range .................................................. 3,000 3,000 

Army Fort Bliss Theater High Altitude Area Defense Battery Complex 17,500 17,500 

Army Fort Bliss Transient Training Complex ........................................ 31,000 31,000 

Army Fort Bliss Urban Assault Course .................................................. 2,800 2,800 

Army Fort Bliss Vehicle Bridge Overpass .............................................. 8,700 8,700 

Army Fort Hood Battalion Complex ....................................................... 40,000 40,000 

Army Fort Hood Brigade Complex .......................................................... 38,000 38,000 

Army Fort Hood Company Operations Facilities .................................... 4,300 4,300 

Army Fort Hood Convoy Live Fire ......................................................... 3,200 3,200 

Army Fort Hood Live Fire Exercise Shoothouse .................................... 2,100 2,100 

Army Fort Hood Soldier Readiness Processing Center ........................... 0 0 

Army Fort Hood Unmanned Aerial System Hangar ............................... 55,000 55,000 

Army Fort Hood Urban Assault Course .................................................. 2,450 2,450 

Army Fort Sam Houston Simulations Center ...................................................... 16,000 16,000 

Army Fort Sam Houston Training Aids Center ................................................... 6,200 6,200 

Virginia 

Army Fort A.P. Hill 1200 Meter Range ....................................................... 14,500 14,500 

Army Fort A.P. Hill Indoor Firing Range .................................................... 6,200 6,200 

Army Fort A.P. Hill Known Distance Range ............................................... 3,800 3,800 

Army Fort A.P. Hill Light Demolition Range .............................................. 4,100 4,100 

Army Fort A.P. Hill Military Operation Urban Terrain Collective Training 

Facility.

65,000 65,000 

Army Fort Eustis Warrior in Transition Complex ................................... 18,000 18,000 

Army Fort Lee Automated Qualification Training Range ................... 7,700 7,700 

Army Fort Lee Company Operations Facility ...................................... 4,900 4,900 

Army Fort Lee Museum Operations Support Building ........................ 30,000 0 

Army Fort Lee Training Aids Center ................................................... 5,800 5,800 

Washington 

Army Fort Lewis Barracks ....................................................................... 47,000 47,000 

Army Fort Lewis Barracks Complex ........................................................ 40,000 40,000 

Army Fort Lewis Rappelling Training Area ............................................ 5,300 5,300 

Army Fort Lewis Regional Logistic Support Complex ............................ 63,000 63,000 

Army Fort Lewis Regional Logistic Support Complex Warehouse .......... 16,500 16,500 

Army Yakima Sniper Field Fire Range .............................................. 3,750 3,750 

Afghanistan 

Army Bagram AB Army Aviation HQ Facilities ....................................... 19,000 19,000 

Army Bagram AB Barracks ....................................................................... 18,000 18,000 

Army Bagram AB Consolidated Community Support Area ...................... 14,800 14,800 

Army Bagram AB Eastside Electrical Distribution .................................. 10,400 10,400 

Army Bagram AB Eastside Utilities Infrastructure .................................. 29,000 29,000 

Army Bagram AB Entry Control Point ..................................................... 7,500 7,500 

Army Bagram AB Joint Defense Operations Center ................................ 2,800 2,800 

Germany 

Army Ansbach Physical Fitness Center ............................................... 13,800 13,800 

Army Ansbach Vehicle Maintenance Shop ........................................... 18,000 18,000 

Army Grafenwoehr Barracks ...................................................................... 20,000 20,000 

Army Grafenwoehr Barracks ...................................................................... 19,000 19,000 

Army Grafenwoehr Barracks ...................................................................... 19,000 19,000 

Army Grafenwoehr Barracks ...................................................................... 17,500 17,500 

Army Rhine Ordnance Barracks Barracks Complex ........................................................ 35,000 35,000 

Army Sembach AB Confinement Facility ................................................... 9,100 9,100 

Army Wiesbaden AB Command and Battle Center, Incr 2 ........................... 59,500 59,500 

Army Wiesbaden AB Construct New Access Control Point .......................... 5,100 5,100 

Army Wiesbaden AB Information Processing Center .................................... 30,400 30,400 

Army Wiesbaden AB Sensitive Compartmented Information Facility ........... 91,000 91,000 

Honduras 

Army Soto Cano AB Barracks ....................................................................... 20,400 20,400 

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 


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875 

HR 6523 PCS

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

Arizona 

Navy Yuma Aircraft Maintenance Hangar ..................................... 40,600 40,600 

Navy Yuma Aircraft Maintenance Hangar ..................................... 63,280 63,280 

Navy Yuma Communications Infrastructure Upgrade .................... 63,730 63,730 

Navy Yuma Intermediate Maintenance Activity Facility ................ 21,480 21,480 

Navy Yuma Simulator Facility ........................................................ 36,060 36,060 

Navy Yuma Utilities Infrastructure Upgrades ................................ 44,320 44,320 

Navy Yuma Van Pad Complex Relocation ...................................... 15,590 15,590 

California 

Navy Camp Pendleton Bachelor Enlisted Quarters—13 Area ......................... 42,864 42,864 

Navy Camp Pendleton Bachelor Enlisted Quarters—Las Flores .................... 37,020 37,020 

Navy Camp Pendleton Center for Naval Aviation Technical Training/Fleet 

Replacement Squadron—Aviation Training and 

Bachelor Enlisted Quarters.

66,110 66,110 

Navy Camp Pendleton Conveyance/Water Treatment ...................................... 100,700 100,700 

Navy Camp Pendleton Marine Aviation Logistics Squadron–39 Maintenance 

Hangar Expansion.

48,230 48,230 

Navy Camp Pendleton Marine Corps Energy Initiative ................................... 9,950 9,950 

Navy Camp Pendleton North Region Tert Treat Plant (Incremented) ........... 30,000 30,000 

Navy Camp Pendleton Small Arms Magazine—Edson Range ......................... 3,760 3,760 

Navy Camp Pendleton Truck Company Operations Complex .......................... 53,490 53,490 

Navy Coronado Maritime Expeditionary Security Group- One (Mesg– 

1) Consolidated Boat Maintenance Facility.

0 0 

Navy Coronado Rotary Hangar ............................................................. 67,160 67,160 

Navy Miramar Aircraft Maintenance Hangar ..................................... 90,490 90,490 

Navy Miramar Hangar 4 ...................................................................... 33,620 33,620 

Navy Miramar Parking Apron/Taxiway Expansion ............................. 66,500 66,500 

Navy Monterey NSA International Academic Instruction Building .............. 0 0 

Navy San Diego Bachelor Enlisted Quarters, Homeport Ashore ........... 75,342 75,342 

Navy San Diego Berthing Pier 12 Replace & Dredging, Ph 1 .............. 108,414 108,414 

Navy San Diego Marine Corps Energy Initiative ................................... 9,950 9,950 

Navy Twentynine Palms Bachelor Enlisted Quarters & Parking Structure ....... 53,158 53,158 

Connecticut 

Navy New London NSB Submarine Group 2 Headquarters .............................. 0 0 

Florida 

Navy Blount Island Consolidated Warehouse Facility ................................. 17,260 17,260 

Navy Blount Island Container Staging and Loading Lot ........................... 5,990 5,990 

Navy Blount Island Container Storage Lot ................................................. 4,910 4,910 

Navy Blount Island Hardstand Extension ................................................... 17,930 17,930 

Navy Blount Island Paint and Blast Facility .............................................. 18,840 18,840 

Navy Blount Island Washrack Expansion ................................................... 9,690 9,690 

Navy Panama City NSA Land Acquisition .......................................................... 0 0 

Navy Panama City NSA Purchase 9 Acres ......................................................... 0 0 

Navy Tampa Joint Comms Support Element Vehicle Paint Facility 2,300 0 

Georgia 

Navy Albany MCLB Maintenance Center Test Firing Range ...................... 0 0 

Navy Kings Bay Security Enclave & Vehicle Barriers ........................... 45,004 45,004 

Navy Kings Bay Waterfront Emergency Power ..................................... 15,660 15,660 

Hawaii 

Navy Camp Smith Physical Fitness Center ............................................... 29,960 29,960 

Navy Kaneohe Bay Bachelor Enlisted Quarters ......................................... 90,530 90,530 

Navy Kaneohe Bay Waterfront Operations Facility ................................... 19,130 19,130 

Navy Pacific Missile Range 

Facility 

Replace North Loop Electrical Distribution System ... 0 0 

Navy Pearl Harbor Center for Disaster Mgt/Humanitarian Assistance ..... 9,140 9,140 

Navy Pearl Harbor Fire Station, West Loch .............................................. 0 0 

Navy Pearl Harbor Joint Pow/Mia Accounting Command ......................... 99,328 99,328 

Navy Pearl Harbor Pre-Fab Bridge Nohili Ditch ....................................... 0 0 

Navy Pearl Harbor Welding School Shop Consolidation ............................ 0 0 

Maine 

Navy Portsmouth NSY Consolidation of Structural Shops ............................... 0 0 

Navy Portsmouth NSY Structural Shops Addition, Ph 1 ................................. 0 0 

Maryland 

Navy Indian Head Advanced Energetics Research Lab Complex Phase 2 0 0 

Navy Indian Head Agile Chemical Facility, Ph 2 ...................................... 34,238 34,238 

Navy Patuxent River Atlantic Test Range Addition ...................................... 0 0 

Navy Patuxent River Broad Area Maritime Surveillance & E Facility ......... 42,211 42,211 

Mississippi 

Navy Gulfport Branch Health Clinic ................................................... 0 0 

North Carolina 

Navy Camp Lejeune 2nd Intel Battalion Maintenance/Ops Complex ........... 90,270 90,270 

Navy Camp Lejeune Armory- II Mef—Wallace Creek ................................. 12,280 12,280 

Navy Camp Lejeune Bachelor Enlisted Quarters—Courthouse Bay ............ 42,330 42,330 

Navy Camp Lejeune Bachelor Enlisted Quarters—Courthouse Bay ............ 40,780 40,780 

Navy Camp Lejeune Bachelor Enlisted Quarters—French Creek ............... 43,640 43,640 

Navy Camp Lejeune Bachelor Enlisted Quarters—Rifle Range .................. 55,350 55,350 

Navy Camp Lejeune Bachelor Enlisted Quarters—Wallace Creek ............... 51,660 51,660 

Navy Camp Lejeune Bachelor Enlisted Quarters—Wallace Creek North .... 46,290 46,290 


smartinez on DSKB9S0YB1PROD with BILLS
876 

HR 6523 PCS

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


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877 

HR 6523 PCS

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


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878 

HR 6523 PCS

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

AF Kirtland AFB Replace Fire Station 3 ................................................. 0 0 

New York 

AF Fort Drum 20th Air Support Operations Squadron Complex ....... 20,440 20,440 

North Carolina 

AF Pope AFB Crash/Fire/Rescue Station ........................................... 0 0 

North Dakota 

AF Grand Forks AFB Central Deployment Center ......................................... 0 0 

AF Minot AFB Control Tower/Base Operations Facility ..................... 18,770 18,770 

Oklahoma 

AF Tinker AFB Air Traffic Control Tower ........................................... 0 0 

AF Tinker AFB Upgrade Building 3001 Infrastructure, Ph 3 ............. 14,000 14,000 

South Carolina 

AF Charleston AFB Civil Engineer Complex (TFI)—Ph 1 ......................... 15,000 15,000 

South Dakota 

AF Ellsworth AFB Maintenance Training Facility .................................... 0 0 

Texas 

AF Dyess AFB C–130J Add/Alter Flight Simulator Facility .............. 4,080 4,080 

AF Ellington Field Upgrade Unmanned Aerial Vehicle Maintenance 

Hangar.

7,000 0 

AF Lackland AFB Basic Military Training Satellite Classroom/Dining 

Facility No 2.

32,000 32,000 

AF Lackland AFB One-Company Fire Station .......................................... 5,500 5,500 

AF Lackland AFB Recruit Dormitory, Ph 3 ............................................. 67,980 67,980 

AF Lackland AFB Recruit/Family Inprocessing & Info Center ................ 21,800 21,800 

AF Laughlin AFB Community Event Complex ......................................... 0 0 

AF Randolph AFB Fire Crash Rescue Station .......................................... 0 0 

Utah 

AF Hill AFB Consolidated Transportation Facilities, Phase I ......... 0 0 

AF Hill AFB F–22 T–10 Engine Test Cell ...................................... 2,800 2,800 

AF Hill AFB F–35 Add/Alt Building 118 for Flight Simulator ....... 0 3,600 

AF Hill AFB F–35 Add/Alt Hangar 45W/AMU ............................... 0 6,500 

AF Hill AFB F–35A Modular Storage Magazine ............................. 0 2,000 

Virginia 

AF Langley AFB F–22 Add/Alter Hangar Bay Lo/Cr Facility .............. 8,800 8,800 

Washington 

AF Fairchild AFB Precision Measurement Equipment Laboratory 

(Pmel) Facility.

0 0 

AF Mcchord AFB Chapel Center .............................................................. 0 0 

Wyoming 

AF Camp Guernsey Nuclear/Space Security Tactics Training Center ........ 4,650 4,650 

Afghanistan 

AF Bagram AFB Consolidated Rigging Facility ...................................... 9,900 9,900 

AF Bagram AFB Fighter Hangar ............................................................ 16,480 16,480 

AF Bagram AFB Medevac Ramp Expansion/Fire Station ...................... 16,580 16,580 

Bahrain Island 

AF SW Asia North Apron Expansion ............................................... 45,000 45,000 

Germany 

AF Kapaun Dormitory (128 Rm) ................................................... 19,600 19,600 

AF Ramstein AB Construct C–130J Flight Simulator Facility .............. 8,800 8,800 

AF Ramstein AB Deicing Fluid Storage & Dispensing Facility .............. 2,754 2,754 

AF Ramstein AB Unmanned Aerial System Satellite Communication 

Relay Pads & Facility.

10,800 10,800 

AF Vilseck Air Support Operations Squadron Complex ................ 12,900 12,900 

Guam 

AF Andersen AFB Combat Communications Operations Facility ............. 9,200 9,200 

AF Andersen AFB Commando Warrior Open Bay Student Barracks ....... 11,800 11,800 

AF Andersen AFB Guam Strike Ops Group & Tanker Task Force .......... 9,100 9,100 

AF Andersen AFB Guam Strike South Ramp Utilities, Ph 1 ................... 12,200 12,200 

AF Andersen AFB Red Horse Headquarters/Engineering Facility ........... 8,000 8,000 

Italy 

AF Aviano AFB Air Support Operations Squadron Facility ................. 10,200 10,200 

AF Aviano AFB Dormitory (144 Rm) ................................................... 19,000 19,000 

Korea 

AF Kunsan AFB Construct Distributed Mission Training Flight Simulator Facility.7,500 7,500 

Qatar 

AF Al Udeid Blatchford-Preston Complex Ph 3 ............................... 62,300 62,300 

United Kingdom 

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 


smartinez on DSKB9S0YB1PROD with BILLS
879 

HR 6523 PCS

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

AF Various Worldwide Locations F–35 Squadron Operations Facility ............................ 10,260 0 

Total Military Construction, Air Force 1,311,385 1,293,295 

Arizona 

Def-Wide Marana Special Operations Forces Parachute Training Facility.0 0 

Def-Wide Yuma Special Operations Forces Military Free Fall Simulator.8,977 8,977 

California 

Def-Wide Point Loma Annex Replce Storage Facility, Incr 3 ................................... 20,000 20,000 

Def-Wide Point Mugu Aircraft Direct Fueling Station ................................... 3,100 3,100 

Colorado 

Def-Wide Fort Carson Special Operations Forces Tactical Unmanned Aerial 

Vehicle Hangar.

3,717 3,717 

District of Columbia 

Def-Wide Bolling AFB Replace Parking Structure, Ph 1 ................................ 3,000 3,000 

Florida 

Def-Wide Eglin AFB Special Operations Forces Ground Support Battalion 

Detachment.

6,030 6,030 

Georgia 

Def-Wide Augusta National Security Agency/Central Security Service 

Georgia Training Facility.

12,855 12,855 

Def-Wide Fort Benning Dexter Elementary School Construct Gym ................. 2,800 2,800 

Def-Wide Fort Benning Special Operations Forces Company Support Facility 20,441 20,441 

Def-Wide Fort Benning Special Operations Forces Military Working Dog 

Kennel Complex.

3,624 3,624 

Def-Wide Fort Stewart Health Clinic Addtion/Alteration ................................. 35,100 35,100 

Def-Wide Hunter Angs Fuel Unload Facility .................................................... 2,400 2,400 

Def-Wide Hunter Army Airfield Special Operations Forces Tactical Equipment Maintenance Facility Expansion.3,318 3,318 

Hawaii 

Def-Wide Hickam AFB Alter Fuel Storage Tanks ............................................ 8,500 8,500 

Def-Wide Pearl Harbor Naval Special Warfare Group 3 Command and Operations Facility.28,804 28,804 

Idaho 

Def-Wide Mountain Home AFB Replace Fuel Storage Tanks ....................................... 27,500 27,500 

Illinois 

Def-Wide Scott Air Force Base Field Command Facility Upgrade ............................... 1,388 1,388 

Kentucky 

Def-Wide Fort Campbell Landgraf Hangar Addition, 160th Soar ..................... 0 0 

Def-Wide Fort Campbell Special Operations Forces Battalion Ops Complex ..... 38,095 38,095 

Maryland 

Def-Wide Aberdeen Proving 

Ground 

US Army Medical Research Institue of Infectious 

Diseases Replacement, Inc 3.

105,000 105,000 

Def-Wide Andrews AFB Replace Fuel Storage & Distribution Facility ............. 14,000 14,000 

Def-Wide Bethesda Naval Hospital National Naval Medical Center Parking Expansion ... 17,100 17,100 

Def-Wide Bethesda Naval Hospital Transient Wounded Warrior Lodging ......................... 62,900 62,900 

Def-Wide Fort Detrick Consolidated Logistics Facility .................................... 23,100 23,100 

Def-Wide Fort Detrick Information Services Facility Expansion ..................... 4,300 4,300 

Def-Wide Fort Detrick National Interagency Biodefense Campus Security 

Fencing and Equipment.

2,700 2,700 

Def-Wide Fort Detrick Supplemental Water Storage ....................................... 3,700 3,700 

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 


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880 

HR 6523 PCS

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

Def-Wide U.S. Military Academy West Point MS Add/Alt ............................................... 27,960 27,960 

North Carolina 

Def-Wide Camp Lejeune Tarawa Terrace I Elementry School Replace School .. 16,646 16,646 

Def-Wide Fort Bragg Mcnair Elementry School—Replace School ................. 23,086 23,086 

Def-Wide Fort Bragg Murray Elementry School—Replace School ................ 22,000 22,000 

Def-Wide Fort Bragg SOF Baffle Containment for Range 19C .................... 0 0 

Def-Wide Fort Bragg SOF Medical Support Addition ................................... 0 0 

Def-Wide Fort Bragg Special Operations Forces Admin/Company Operations.10,347 10,347 

Def-Wide Fort Bragg Special Operations Forces C4 Facility ........................ 41,000 41,000 

Def-Wide Fort Bragg Special Operations Forces Joint Intelligence Brigade 

Facility.

32,000 32,000 

Def-Wide Fort Bragg Special Operations Forces Operational Communications Facility.11,000 11,000 

Def-Wide Fort Bragg Special Operations Forces Operations Additions ........ 15,795 15,795 

Def-Wide Fort Bragg Special Operations Forces Operations Support Facility.13,465 13,465 

Ohio 

Def-Wide Columbus Replace Public Safety Facility ..................................... 7,400 7,400 

Pennsylvania 

Def-Wide Def Distribution Depot 

New Cumberland 

Replace Headquarters Facility .................................... 96,000 96,000 

Texas 

Def-Wide Fort Bliss Hospital Replacement, Incr 2 ...................................... 147,100 147,100 

Def-Wide Lackland AFB Ambulatory Care Center, Ph 2 .................................... 162,500 162,500 

Utah 

Def-Wide Camp Williams Comprehensive National Cybersecurity Initiative Data 

Center Increment 2.

398,358 398,358 

Virginia 

Def-Wide Craney Island Replace Fuel Pier ........................................................ 58,000 58,000 

Def-Wide Fort Belvoir Dental Clinic Replacement .......................................... 6,300 6,300 

Def-Wide Pentagon Pentagon Metro & Corridor 8 Screening Facility ....... 6,473 6,473 

Def-Wide Pentagon Power Plant Modernization, Ph 3 ............................... 51,928 51,928 

Def-Wide Pentagon Secure Access Lane-Remote Vehicle Screening ........... 4,923 4,923 

Def-Wide Quantico New Consolidated Elemetary School ........................... 47,355 47,355 

Washington 

Def-Wide Fort Lewis Preventive Medicine Facility ........................................ 8,400 8,400 

Def-Wide Fort Lewis Special Operations Forces Military Working Dogs 

Kennel.

0 0 

Belgium 

Def-Wide Brussels NATO Headquarters Facility ...................................... 31,863 31,863 

Def-Wide Brussels Replace Shape Middle School/High School .................. 67,311 67,311 

Germany 

Def-Wide Katterbach Health/Dental Clinic Replacement ............................... 37,100 37,100 

Def-Wide Panzer Kaserne Replace Boeblingen High School ................................. 48,968 48,968 

Def-Wide Vilseck Health Clinic Add/Alt .................................................. 34,800 34,800 

Guam 

Def-Wide Agana NAS Hospital Replacement, Incr 2 ...................................... 70,000 0 

Japan 

Def-Wide Kadena AB Install Fuel Filters-Separators .................................... 3,000 3,000 

Def-Wide Misawa AB Hydrant Fuel System .................................................. 31,000 31,000 

Korea 

Def-Wide Camp Carroll Health/Dental Clinic Replacement ............................... 19,500 19,500 

Qatar 

Def-Wide Al Udeid Qatar Warehouse ......................................................... 1,961 1,961 

Puerto Rico 

Def-Wide Fort Buchanan Antilles Elementry School/Intermediate School—Replace School.58,708 58,708 

United Kingdom 

Def-Wide Menwith Hill Station Menwith Hill Station PSC Construction—Generators 

10 & 11.

2,000 2,000 

Def-Wide Royal Air Force 

Alconbury 

Alconbury Elementry School Replacement .................. 30,308 30,308 

Def-Wide Royal Air Force 

Mildenhall 

Replace Hydrant Fuel Distribution System ................ 15,900 15,900 

Various Locations 

Def-Wide Unspecified Worldwide 

Locations 

General Reduction ....................................................... 0 0 

Worldwide Unspecified 

Def-Wide Unspecified Worldwide 

Locations 

Contingency Construction ............................................ 10,000 10,000 

Def-Wide Unspecified Worldwide 

Locations 

Energy Conservation Investment Program ................. 120,000 120,000 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design (DODEA) .................................. 79,763 79,763 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design (DSS) ........................................ 1,988 1,988 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design (NSA) ........................................ 28,239 28,239 


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HR 6523 PCS

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 (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 

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 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

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 

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 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

Army Res Fort Hunter Liggett 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 

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 

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 


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SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

Air NG Davis Monthan AFB TFI—Predator FOC—Increased Mission Orbit 

Tasking.

4,650 4,650 

Air NG Fort Huachuca Total Force Integration—Predator Launch and Recovery Element Beddown.0 11,000 

Arkansas 

Air NG Little Rock AFB Fuel Cell and Corrosion Control Hangar .................... 0 0 

Colorado 

Air NG Buckely AFB Taxiway Juliet and Lima ............................................. 0 0 

Delaware 

Air NG New Castle County Airport C–130 Aircraft Maintenance Shops (Phase III) ......... 0 0 

Air NG New Castle County Airport Joint Forces Operations Center-ANG Share ............... 1,500 1,500 

Florida 

Air NG Jacksonville IAP Security Forces Training Facility ............................... 6,700 6,700 

Georgia 

Air NG Savannah/Hilton Head 

IAP 

Relocate Air Supt Opers Sqdn (Asos) Fac .................. 7,450 7,450 

Hawaii 

Air NG Hickam AFB F–22 Beddown Intrastructure Support ....................... 5,950 5,950 

Air NG Hickam AFB F–22 Hangar, Squadron Operations and AMU .......... 48,250 48,250 

Air NG Hickam AFB F–22 Upgrade Munitions Complex ............................. 17,250 17,250 

Illinois 

Air NG Capital Map CNAF Beddown-Upgrade Facilities ............................ 16,700 16,700 

Indiana 

Air NG Hulman Regional Airport Asos Beddown-Upgrade Facilities ............................... 4,100 4,100 

Iowa 

Air NG Des Moines Corrosion Control Hangar ........................................... 0 0 

Air NG Des Moines IAP Corrosion Control Hangar ........................................... 0 0 

Maryland 

Air NG Martin State Airport Replace Ops and Medical Training Facility ................ 11,400 11,400 

Massachusetts 

Air NG Barnes ANGB Add to Aircraft Maintenance Hangar ......................... 0 0 

Air NG Barnes Municipal Airport Additions and Renovations to Building 15 .................. 0 0 

Michigan 

Air NG Alpena Combat Readiness Training Center Replace Troop Quarters, Phase II .............................. 0 0 

Minnesota 

Air NG Duluth Load Crew Training and Weapon Release Shops ....... 0 0 

New Jersey 

Air NG 177th Fighter Wing, Atlantic City Fuel Cell and Corrosion Control Hanger .................... 0 0 

Air NG Atlantic City IAP Fuel Cell and Corrosion Control Hangar .................... 0 0 

New York 

Air NG Fort Drum Reaper Infrastructure Support .................................... 2,500 2,500 

Air NG Stewart IAP Aircraft Conversion Facility ........................................ 0 0 

Air NG Stewart IAP Base Defense Group Beddown .................................... 14,250 14,250 

North Carolina 

Air NG Stanly County Airport Upgrade Asos Facilities ............................................... 2,000 2,000 

Ohio 

Air NG Toledo Express Airport Replace Security Forces Complex ................................ 0 0 

Air NG Toledo Express Airport Replace Security Forces Complex ................................ 0 0 

Oregon 

Air NG Kingsley Field ANG 

Base 

Replace Fire Station .................................................... 0 0 

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 


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HR 6523 PCS

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

Air NG Yeager AFB Communications Training Fac. ................................... 0 0 

Air NG Yeager AFB Force Protection/Antiterrorism ................................... 0 0 

Wisconsin 

Air NG General Mitchell International Airport Replace Fire Station .................................................... 0 0 

Unspecified 

Air NG Varlocs Varlocs ......................................................................... 0 0 

Worldwide Unspecified 

Air NG Unspecified Worldwide 

Locations 

Minor Construction ...................................................... 8,000 8,000 

Air NG Unspecified Worldwide 

Locations 

Planning & Design ....................................................... 9,214 9,214 

Total Military Construction, Air National Guard 176,986 194,986 

Florida 

AF Res Patrick AFB Weapons Maintenance Facility .................................... 3,420 3,420 

New York 

AF Res Niagara ARS C–130 Flightline Operations Facility, Ph 1 ................ 0 0 

Unspecified 

AF Res Varlocs Varlocs ......................................................................... 0 0 

Worldwide Unspecified 

AF Res Unspecified Worldwide 

Locations 

Planning and Design ................................................... 1,653 1,653 

AF Res Various Worldwide Locations Unspecified Minor Construction .................................. 2,759 2,759 

Total Military Construction, Air Force Reserve 7,832 7,832 

Alaska 

FH Con Army Fort Wainwright Family Housing Replacement Constrution (110 

Units).

21,000 21,000 

Germany 

FH Con Army Baumholder Family Housing Replacement Construction (64 

Units).

34,329 34,329 

Worldwide Unspecified 

FH Con Army Unspecified Worldwide 

Locations 

Construction Improvements (235 Units) ..................... 35,000 35,000 

FH Con Army Unspecified Worldwide 

Locations 

Family Housing Planning & Design ............................ 2,040 2,040 

Total, Family Housing Construction, Army 92,369 92,369 

Worldwide Unspecified 

FH Ops Army Unspecified Worldwide 

Locations 

Leasing ......................................................................... 203,184 203,184 

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 


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HR 6523 PCS

SEC. 3001. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

Worldwide Unspecified 

FH Con AF Unspecified Worldwide 

Locations 

Planning & Design ....................................................... 4,225 4,225 

Total Family Housing Construction, Air Force 4,225 4,225 

Worldwide Unspecified 

FH Ops Navy Unspecified Worldwide 

Locations 

Furnishings Account .................................................... 14,478 14,478 

FH Ops Navy Unspecified Worldwide 

Locations 

Leasing ......................................................................... 97,484 97,484 

FH Ops Navy Unspecified Worldwide 

Locations 

Maintenance of Real Property ..................................... 87,134 87,134 

FH Ops Navy Unspecified Worldwide 

Locations 

Management Account .................................................. 63,551 63,551 

FH Ops Navy Unspecified Worldwide 

Locations 

Miscellaneous Account ................................................. 464 464 

FH Ops Navy Unspecified Worldwide 

Locations 

Privatization Support Costs ......................................... 26,526 26,526 

FH Ops Navy Unspecified Worldwide 

Locations 

Services Account .......................................................... 16,790 16,790 

FH Ops Navy Unspecified Worldwide 

Locations 

Utilities Account .......................................................... 59,919 59,919 

Total Family Housing Operation And Maintenance, Navy And Marine Corps 366,346 366,346 

Worldwide Unspecified 

FH Ops AF Unspecified Worldwide 

Locations 

Furnishings Account .................................................... 35,399 35,399 

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 


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HR 6523 PCS

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 

Total Military Construction 18,747,368 18,190,547 


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HR 6523 PCS

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 

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 


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SEC. 3002. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request Agreement 

Army 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 

AF AL Musannah Airlift Ramp & Fuel Facilities ..................................... 0 69,000 

Qatar 

AF AL Udeid Blatchford-Preston Complex, Ph 3 .............................. 0 0 

AF AL Udeid Tactical Ramp/Vehicle Maintenance Facility .............. 0 63,000 

Worldwide Unspecified 

AF Unspecified Worldwide 

Locations 

Planning & Design ....................................................... 13,422 13,422 

AF Unspecified Worldwide 

Locations 

Rescission (Public Law 111–117) ............................... 0 0 

AF Unspecified Worldwide 

Locations 

Unspecified Minor Construction—FY11 OCO ............ 49,584 49,584 

Total Military Construction, Air Force 280,506 195,006 

Conus Classified 

Def-Wide Classified Location Classified Project ......................................................... 41,900 41,900 

Def-Wide Worldwide Unspecified Planning and Design ................................................... 4,600 4,600 

Qatar 

Def-Wide AL Udeid Qatar Warehouse ......................................................... 0 0 

Total Military Construction, Defense-Wide 46,500 46,500 

Total Military Construction 1,257,002 1,222,852 


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1 DIVISION C—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 AUTHORIZATIONS AND 

4 OTHER AUTHORIZATIONS 

5 TITLE XXXI—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 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. 


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1 Subtitle A—National Security 

2 Programs Authorizations 

3 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA4 TION. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

6 are hereby authorized to be appropriated to the Depart7 ment of Energy for fiscal year 2011 for the activities of 

8 the National Nuclear Security Administration in carrying 

9 out programs necessary for national security in the 

10 amount of $11,214,755,000, to be allocated as follows: 

11 (1) For weapons activities, $7,028,835,000. 

12 (2) For defense nuclear nonproliferation activi13 ties, $2,667,167,000. 

14 (3) For naval reactors, $1,070,486,000. 

15 (4) For the Office of the Administrator for Nu16 clear Security, $448,267,000. 

17 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

18 From funds referred to in subsection (a) that are available 

19 for carrying out plant projects, the Secretary of Energy 

20 may carry out new plant projects for the National Nuclear 

21 Security Administration as follows: 

22 (1) Project 11–D–801, reinvestment project 

23 phase 2, Los Alamos National Laboratory, Los Ala24 mos, New Mexico, $20,000,000. 


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1 (2) Project 11–D–601, sanitary effluent rec2 lamation facility expansion, Los Alamos National 

3 Laboratory, Los Alamos, New Mexico, $15,000,000. 

4 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

5 Funds are hereby authorized to be appropriated to 

6 the Department of Energy for fiscal year 2011 for defense 

7 environmental cleanup activities in carrying out programs 

8 necessary for national security in the amount of 

9 $5,588,039,000. 

10 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

11 Funds are hereby authorized to be appropriated to 

12 the Department of Energy for fiscal year 2011 for other 

13 defense activities in carrying out programs necessary for 

14 national security in the amount of $878,209,000. 

15 SEC. 3104. ENERGY SECURITY AND ASSURANCE. 

16 Funds are hereby authorized to be appropriated to 

17 the Department of Energy for fiscal year 2011 for energy 

18 security and assurance programs necessary for national 

19 security in the amount of $6,188,000. 

20 Subtitle B—Program Authoriza21 tions, Restrictions, and Limita22 tions 

23 SEC. 3111. AIRCRAFT PROCUREMENT. 

24 Of the amounts authorized to be appropriated and 

25 made available for obligation under section 3101(1) for 


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1 weapons activities for any fiscal year before fiscal year 

2 2012, the Secretary of Energy may procure not more than 

3 two aircraft. 

4 SEC. 3112. BIENNIAL PLAN ON MODERNIZATION AND RE5 FURBISHMENT OF THE NUCLEAR SECURITY 

6 COMPLEX. 

7 (a) IN GENERAL.—Subtitle A of title XLII of the 

8 Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is 

9 amended by inserting after section 4203 the following new 

10 section: 

11 ‘‘SEC. 4203A. BIENNIAL PLAN ON MODERNIZATION AND RE12 FURBISHMENT OF THE NUCLEAR SECURITY 

13 COMPLEX. 

14 ‘‘(a) IN GENERAL.—In each even-numbered year, be15 ginning in 2012, the Administrator for Nuclear Security 

16 shall include in the plan for maintaining the nuclear weap17 ons stockpile required by section 4203 a plan for the mod18 ernization and refurbishment of the nuclear security com19 plex. 

20 ‘‘(b) PLAN DESIGN.— 

21 ‘‘(1) IN GENERAL.—The plan required by sub22 section (a) shall be designed to ensure that the nu23 clear security complex is capable of supporting the 

24 following: 


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1 ‘‘(A) Except as provided in paragraph (2), 

2 the national security strategy of the United 

3 States as set forth in the most recent national 

4 security strategy report of the President under 

5 section 108 of the National Security Act of 

6 1947 (50 U.S.C. 404a). 

7 ‘‘(B) The nuclear posture of the United 

8 States as set forth in the most recent Nuclear 

9 Posture Review. 

10 ‘‘(2) EXCEPTION.—If, at the time the plan is 

11 submitted under subsection (a), a national security 

12 strategy report has not been submitted to Congress 

13 under section 108 of the National Security Act of 

14 1947 (50 U.S.C. 404a), the plan required by sub15 section (a) shall be designed to ensure that the nu16 clear security complex is capable of supporting the 

17 national defense strategy recommended in the report 

18 of the most recent Quadrennial Defense Review. 

19 ‘‘(c) PLAN ELEMENTS.—The plan required by sub20 section (a) shall include the following: 

21 ‘‘(1) A description of the modernization and re22 furbishment measures the Administrator determines 

23 necessary to meet the requirements of— 

24 ‘‘(A) the national security strategy of the 

25 United States as set forth in the most recent 


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1 national security strategy report of the Presi2 dent under section 108 of the National Security 

3 Act of 1947 (50 U.S.C. 404a) or the national 

4 defense strategy recommended in the report of 

5 the most recent Quadrennial Defense Review, 

6 as applicable under subsection (b); and 

7 ‘‘(B) the Nuclear Posture Review. 

8 ‘‘(2) A schedule for implementing the measures 

9 described in paragraph (1) during the ten years fol10 lowing the date on which the plan for maintaining 

11 the nuclear weapons stockpile required by section 

12 4203 and into which the plan required by subsection 

13 (a) is incorporated is submitted to Congress under 

14 section 4203(c). 

15 ‘‘(3) Consistent with the budget justification 

16 materials submitted to Congress in support of the 

17 Department of Energy budget for the fiscal year (as 

18 submitted with the budget of the President under 

19 section 1105(a) of title 31, United States Code), an 

20 estimate of the annual funds the Administrator de21 termines necessary to carry out the plan required by 

22 subsection (a), including a discussion of the criteria, 

23 evidence, and strategies on which the estimate is 

24 based. 


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1 ‘‘(d) FORM.—The plan required by subsection (a) 

2 shall be submitted in unclassified form, but may include 

3 a classified annex. 

4 ‘‘(e) NUCLEAR WEAPONS COUNCIL ASSESSMENT.— 

5 ‘‘(1) ASSESSMENT REQUIRED.—For each plan 

6 required by subsection (a), the Nuclear Weapons 

7 Council established by section 179 of title 10, 

8 United States Code, shall conduct an assessment 

9 that includes the following: 

10 ‘‘(A) An analysis of the plan, including— 

11 ‘‘(i) whether the plan supports the re12 quirements of the national security strat13 egy of the United States or the most re14 cent Quadrennial Defense Review, which15 ever is applicable under subsection (b), and 

16 the Nuclear Posture Review; and 

17 ‘‘(ii) whether the modernization and 

18 refurbishment measures described under 

19 paragraph (1) of subsection (c) and the 

20 schedule described under paragraph (2) of 

21 such subsection are adequate to support 

22 such requirements. 

23 ‘‘(B) An analysis of whether the plan ade24 quately addresses the requirements for infraVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00896 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 structure recapitalization of the facilities of the 

2 nuclear security complex. 

3 ‘‘(C) If the Nuclear Weapons Council de4 termines that the plan does not adequately sup5 port modernization and refurbishment require6 ments under subparagraph (A) or the nuclear 

7 security complex facilities infrastructure recapi8 talization requirements under subparagraph 

9 (B), a risk assessment with respect to— 

10 ‘‘(i) supporting the annual certifi11 cation of the nuclear weapons stockpile 

12 under section 4203; and 

13 ‘‘(ii) maintaining the long-term safety, 

14 security, and reliability of the nuclear 

15 weapons stockpile. 

16 ‘‘(2) REPORT REQUIRED.—Not later than 180 

17 days after the date on which the Administrator sub18 mits the plan required by subsection (a), the Nu19 clear Weapons Council shall submit to the congres20 sional defense committees a report detailing the as21 sessment required under paragraph (1). 

22 ‘‘(f) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘nuclear security complex’ means 

24 the physical facilities, technology, and human capital 

25 of the following: 


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1 ‘‘(A) The national security laboratories (as 

2 defined in section 3281 of the National Nuclear 

3 Security Administration Act (50 U.S.C. 2471)). 

4 ‘‘(B) The Kansas City Plant, Kansas City, 

5 Missouri. 

6 ‘‘(C) The Nevada Test Site, Nevada. 

7 ‘‘(D) The Savannah River Site, Aiken, 

8 South Carolina. 

9 ‘‘(E) The Y-12 National Security Complex, 

10 Oak Ridge, Tennessee. 

11 ‘‘(F) The Pantex Plant, Amarillo, Texas. 

12 ‘‘(2) The term ‘Quadrennial Defense Review’ 

13 means the review of the defense programs and poli14 cies of the United States that is carried out every 

15 four years under section 118 of title 10, United 

16 States Code.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 for the Atomic Energy Defense Act is amended by insert19 ing after the item relating to section 4203 the following 

20 new item: 

‘‘Sec. 4203A. Biennial plan on modernization and refurbishment of the nuclear 

security complex.’’. 


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1 SEC. 3113. COMPTROLLER GENERAL ASSESSMENT OF ADE2 QUACY OF BUDGET REQUESTS WITH RE3 SPECT TO THE MODERNIZATION AND REFUR4 BISHMENT OF THE NUCLEAR WEAPONS 

5 STOCKPILE. 

6 (a) IN GENERAL.—Section 3255 of the National Nu7 clear Security Administration Act (50 U.S.C. 2455) is 

8 amended to read as follows: 

9 ‘‘SEC. 3255. COMPTROLLER GENERAL ASSESSMENT OF ADE10 QUACY OF BUDGET REQUESTS WITH RE11 SPECT TO THE MODERNIZATION AND REFUR12 BISHMENT OF THE NUCLEAR WEAPONS 

13 STOCKPILE. 

14 ‘‘(a) GAO STUDY AND REPORTS.—(1) For the nu15 clear security budget materials submitted in each fiscal 

16 year by the Administrator, the Comptroller General of the 

17 United States shall conduct a study on whether both the 

18 budget for the fiscal year following the fiscal year in which 

19 such budget materials are submitted and the future-years 

20 nuclear security program submitted to Congress in rela21 tion to such budget under section 3253 provide for fund22 ing of the nuclear security complex at a level that is suffi23 cient for the modernization and refurbishment of the nu24 clear security complex. 

25 ‘‘(2) Not later than 90 days after the date on which 

26 the Administrator submits the nuclear security budget 


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1 materials, the Comptroller General shall submit to the 

2 congressional defense committees a report on the study 

3 under paragraph (1), including— 

4 ‘‘(A) the findings of such study; and 

5 ‘‘(B) whether the nuclear security budget mate6 rials support the requirements for infrastructure re7 capitalization of the facilities of the nuclear security 

8 complex. 

9 ‘‘(b) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘budget’ means the budget for a 

11 fiscal year that is submitted to Congress by the 

12 President under section 1105(a) of title 31, United 

13 States Code. 

14 ‘‘(2) The term ‘nuclear security budget mate15 rials’ means the materials submitted to Congress by 

16 the Administrator in support of the budget for a fis17 cal year. 

18 ‘‘(3) The term ‘nuclear security complex’ means 

19 the physical facilities, technology, and human capital 

20 of the following: 

21 ‘‘(A) The national security laboratories. 

22 ‘‘(B) The Kansas City Plant, Kansas City, 

23 Missouri. 

24 ‘‘(C) The Nevada Test Site, Nevada. 


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1 ‘‘(D) The Savannah River Site, Aiken, 

2 South Carolina. 

3 ‘‘(E) The Y-12 National Security Complex, 

4 Oak Ridge, Tennessee. 

5 ‘‘(F) The Pantex Plant, Amarillo, Texas.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 for the National Nuclear Security Administration Act is 

8 amended by striking the item relating to section 3255 and 

9 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.’’. 

10 SEC. 3114. NOTIFICATION OF COST OVERRUNS FOR CER11 TAIN DEPARTMENT OF ENERGY PROJECTS. 

12 (a) IN GENERAL.—Subtitle A of title XLVII of the 

13 Atomic Energy Defense Act (50 U.S.C. 2741 et seq.) is 

14 amended by adding at the end the following new section: 

15 ‘‘SEC. 4713. NOTIFICATION OF COST OVERRUNS FOR CER16 TAIN DEPARTMENT OF ENERGY PROJECTS. 

17 ‘‘(a) ESTABLISHMENT OF COST AND SCHEDULE

18 BASELINES.— 

19 ‘‘(1) STOCKPILE LIFE EXTENSION PROJECTS.— 

20 ‘‘(A) IN GENERAL.—The Administrator for 

21 Nuclear Security shall establish a cost and 

22 schedule baseline for each nuclear stockpile life 

23 extension project of the National Nuclear Secu24 rity Administration. 


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1 ‘‘(B) PER UNIT COST.—The cost baseline 

2 developed under subparagraph (A) shall in3 clude, with respect to each life extension 

4 project, an estimated cost for each warhead in 

5 the project. 

6 ‘‘(C) NOTIFICATION TO CONGRESSIONAL

7 DEFENSE COMMITTEES.—Not later than 30 

8 days after establishing a cost and schedule 

9 baseline under subparagraph (A), the Adminis10 trator shall submit the cost and schedule base11 line to the congressional defense committees. 

12 ‘‘(2) DEFENSE-FUNDED CONSTRUCTION

13 PROJECTS.— 

14 ‘‘(A) IN GENERAL.—The Secretary of En15 ergy shall establish a cost and schedule baseline 

16 under the project management protocols of the 

17 Department of Energy for each construction 

18 project that is— 

19 ‘‘(i) in excess of $50,000,000; and 

20 ‘‘(ii) carried out by the Department 

21 using funds authorized to be appropriated 

22 for a fiscal year pursuant to a DOE na23 tional security authorization. 

24 ‘‘(B) NOTIFICATION TO CONGRESSIONAL

25 DEFENSE COMMITTEES.—Not later than 30 


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1 days after establishing a cost and schedule 

2 baseline under subparagraph (A), the Secretary 

3 shall submit the cost and schedule baseline to 

4 the congressional defense committees. 

5 ‘‘(3) DEFENSE ENVIRONMENTAL MANAGEMENT

6 PROJECTS.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 establish a cost and schedule baseline under the 

9 project management protocols of the Depart10 ment of Energy for each defense environmental 

11 management project that is— 

12 ‘‘(i) in excess of $50,000,000; and 

13 ‘‘(ii) carried out by the Department 

14 pursuant to such protocols. 

15 ‘‘(B) NOTIFICATION TO CONGRESSIONAL

16 DEFENSE COMMITTEES.—Not later than 30 

17 days after establishing a cost and schedule 

18 baseline under subparagraph (A), the Secretary 

19 shall submit the cost and schedule baseline to 

20 the congressional defense committees. 

21 ‘‘(b) NOTIFICATION OF COSTS EXCEEDING BASE22 LINE.—The Administrator or the Secretary, as applicable, 

23 shall notify the congressional defense committees not later 

24 than 30 days after determining that— 


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1 ‘‘(1) the total cost for a project referred to in 

2 paragraph (1), (2), or (3) of subsection (a) will ex3 ceed an amount that is equal to 125 percent of the 

4 cost baseline established under subsection (a) for 

5 that project; and 

6 ‘‘(2) in the case of a stockpile life extension 

7 project referred to in subsection (a)(1), the cost for 

8 any warhead in the project will exceed an amount 

9 that is equal to 200 percent of the cost baseline es10 tablished under subsection (a)(1)(B) for each war11 head in that project. 

12 ‘‘(c) NOTIFICATION OF DETERMINATION WITH RE13 SPECT TO TERMINATION OR CONTINUATION OF

14 PROJECTS.—Not later than 90 days after submitting a 

15 notification under subsection (b) with respect to a project, 

16 the Administrator or the Secretary, as applicable, shall— 

17 ‘‘(1) notify the congressional defense commit18 tees with respect to whether the project will be ter19 minated or continued; and 

20 ‘‘(2) if the project will be continued, certify to 

21 the congressional defense committees that— 

22 ‘‘(A) a revised cost and schedule baseline 

23 has been established for the project and, in the 

24 case of a stockpile life extension project referred 

25 to in subparagraph (A) or (B) of subsection 


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1 (a)(1), a revised estimate of the cost for each 

2 warhead in the project has been made; 

3 ‘‘(B) the continuation of the project is nec4 essary to the mission of the Department of En5 ergy and there is no alternative to the project 

6 that would meet the requirements of that mis7 sion; and 

8 ‘‘(C) a management structure is in place 

9 adequate to manage and control the cost and 

10 schedule of the project. 

11 ‘‘(d) APPLICABILITY OF REQUIREMENTS TO REVISED

12 COST AND SCHEDULE BASELINES.—A revised cost and 

13 schedule baseline established under subsection (c) shall— 

14 ‘‘(1) be submitted to the congressional defense 

15 committees with the certification submitted under 

16 subsection (c)(2); and 

17 ‘‘(2) be subject to the notification requirements 

18 of subsections (b) and (c) in the same manner and 

19 to the same extent as a cost and schedule baseline 

20 established under subsection (a).’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 for the Atomic Energy Defense Act is amended by insert23 ing after the item relating to section 4712 the following 

24 new item: 

‘‘Sec. 4713. Notification of cost overruns for certain Department of Energy 

projects.’’. 


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1 SEC. 3115. ESTABLISHMENT OF COOPERATIVE RESEARCH 

2 AND DEVELOPMENT CENTERS. 

3 (a) COOPERATIVE RESEARCH AND DEVELOPMENT

4 CENTERS.— 

5 (1) IN GENERAL.—Section 4813 of the Atomic 

6 Energy Defense Act (division D of Public Law 107– 

7 314; 50 U.S.C. 2794) is amended— 

8 (A) by redesignating subsection (b) as sub9 section (c); and 

10 (B) by inserting after subsection (a) the 

11 following new subsection (b): 

12 ‘‘(b) COOPERATIVE RESEARCH AND DEVELOPMENT

13 CENTERS.—(1) Subject to the availability of appropria14 tions provided for such purpose, the Administrator for Nu15 clear Security shall establish a cooperative research and 

16 development center described in paragraph (2) at each na17 tional security laboratory. 

18 ‘‘(2) A cooperative research and development center 

19 described in this paragraph is a center to foster collabo20 rative scientific research, technology development, and the 

21 appropriate transfer of research and technology to users 

22 in addition to the national security laboratories. 

23 ‘‘(3) In establishing a cooperative research and devel24 opment center under this subsection, the Administrator— 


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1 ‘‘(A) shall enter into cooperative research and 

2 development agreements with governmental, public, 

3 academic, or private entities; and 

4 ‘‘(B) may enter into a contract with respect to 

5 constructing, purchasing, managing, or leasing 

6 buildings or other facilities.’’. 

7 (2) DEFINITION.—Subsection (c) of such sec8 tion, as redesignated by paragraph (1)(A), is amend9 ed by adding at the end the following new para10 graph: 

11 ‘‘(5) The term ‘national security laboratory’ has 

12 the meaning given that term in section 3281 of the 

13 National Nuclear Security Administration Act (50 

14 U.S.C. 2471).’’. 

15 (3) SECTION HEADING.—The heading of such 

16 section is amended by inserting ‘‘AND COOPERA17 TIVE RESEARCH AND DEVELOPMENT CEN18 TERS’’ after ‘‘PARTNERSHIPS’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 for the Atomic Energy Defense Act is amended by striking 

21 the item relating to section 4813 and inserting the fol22 lowing new item: 

‘‘Sec. 4813. Critical technology partnerships and cooperative research and development centers.’’. 


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1 SEC. 3116. FUTURE-YEARS DEFENSE ENVIRONMENTAL 

2 MANAGEMENT PLAN. 

3 (a) IN GENERAL.—Title XLIV of the Atomic Energy 

4 Defense Act (50 U.S.C. 2581 et seq.) is amended by in5 serting after section 4402 the following new section: 

6 ‘‘SEC. 4402A. FUTURE-YEARS DEFENSE ENVIRONMENTAL 

7 MANAGEMENT PLAN. 

8 ‘‘(a) IN GENERAL.—The Secretary of Energy shall 

9 submit to Congress each year, at or about the same time 

10 that the President’s budget is submitted to Congress for 

11 a fiscal year under section 1105(a) of title 31, United 

12 States Code, a future-years defense environmental man13 agement plan that— 

14 ‘‘(1) reflects the estimated expenditures and 

15 proposed appropriations included in that budget for 

16 the Department of Energy for environmental man17 agement; and 

18 ‘‘(2) covers a period that includes the fiscal 

19 year for which that budget is submitted and not less 

20 than the four succeeding fiscal years. 

21 ‘‘(b) ELEMENTS.—Each future-years defense envi22 ronmental management plan required by subsection (a) 

23 shall contain the following: 

24 ‘‘(1) A detailed description of the projects and 

25 activities relating to defense environmental manage26 ment to be carried out during the period covered by 


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1 the plan at the sites specified in subsection (c) and 

2 with respect to the activities specified in subsection 

3 (d). 

4 ‘‘(2) A statement of proposed budget authority, 

5 estimated expenditures, and proposed appropriations 

6 necessary to support such projects and activities. 

7 ‘‘(3) With respect to each site specified in sub8 section (c), the following: 

9 ‘‘(A) A statement of each milestone in10 cluded in an enforceable agreement governing 

11 cleanup and waste remediation for that site for 

12 each fiscal year covered by the plan. 

13 ‘‘(B) For each such milestone, a statement 

14 with respect to whether each such milestone will 

15 be met in each such fiscal year. 

16 ‘‘(C) For any milestone that will not be 

17 met, an explanation of why the milestone will 

18 not be met and the date by which the milestone 

19 is expected to be met. 

20 ‘‘(c) SITES SPECIFIED.—The sites specified in this 

21 subsection are the following: 

22 ‘‘(1) The Idaho National Laboratory, Idaho. 

23 ‘‘(2) The Waste Isolation Pilot Plant, Carlsbad, 

24 New Mexico. 


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1 ‘‘(3) The Savannah River Site, Aiken, South 

2 Carolina. 

3 ‘‘(4) The Oak Ridge National Laboratory, Oak 

4 Ridge, Tennessee. 

5 ‘‘(5) The Hanford Site, Richland, Washington. 

6 ‘‘(6) Any defense closure site of the Depart7 ment of Energy. 

8 ‘‘(7) Any site of the National Nuclear Security 

9 Administration. 

10 ‘‘(d) ACTIVITIES SPECIFIED.—The activities specified 

11 in this subsection are the following: 

12 ‘‘(1) Program support. 

13 ‘‘(2) Program direction. 

14 ‘‘(3) Safeguards and security. 

15 ‘‘(4) Technology development and deployment. 

16 ‘‘(5) Federal contributions to the Uranium En17 richment Decontamination and Decommissioning 

18 Fund established under section 1801 of the Atomic 

19 Energy Act of 1954 (42 U.S.C. 2297g).’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 for the Atomic Energy Defense Act is amended by insert22 ing after the item relating to section 4402 the following 

23 new item: 

‘‘Sec. 4402A. Future-years defense environmental management plan.’’. 


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1 SEC. 3117. EXTENSION OF AUTHORITY OF SECRETARY OF 

2 ENERGY FOR APPOINTMENT OF CERTAIN 

3 SCIENTIFIC, ENGINEERING, AND TECHNICAL 

4 PERSONNEL. 

5 Section 4601(c)(1) of the Atomic Energy Defense Act 

6 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘Sep7 tember 30, 2011’’ and inserting ‘‘September 30, 2016’’. 

8 SEC. 3118. EXTENSION OF AUTHORITY OF SECRETARY OF 

9 ENERGY TO ENTER INTO TRANSACTIONS TO 

10 CARRY OUT CERTAIN RESEARCH PROJECTS. 

11 Section 646(g)(10) of the Department of Energy Or12 ganization Act (42 U.S.C. 7256(g)(10)) is amended by 

13 striking ‘‘September 30, 2010’’ and inserting ‘‘September 

14 30, 2015’’. 

15 SEC. 3119. EXTENSION OF AUTHORITY RELATING TO THE 

16 INTERNATIONAL MATERIALS PROTECTION, 

17 CONTROL, AND ACCOUNTING PROGRAM OF 

18 THE DEPARTMENT OF ENERGY. 

19 Section 3156(b)(1) of the Bob Stump National De20 fense Authorization Act for Fiscal Year 2003 (Public Law 

21 107–314; 50 U.S.C. 2343(b)(1)) is amended by striking 

22 ‘‘January 1, 2013’’ and inserting ‘‘January 1, 2018’’. 


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1 SEC. 3120. EXTENSION OF DEADLINE FOR TRANSFER OF 

2 PARCELS OF LAND TO BE CONVEYED TO LOS 

3 ALAMOS COUNTY, NEW MEXICO, AND HELD IN 

4 TRUST FOR THE PUEBLO OF SAN ILDEFONSO. 

5 (a) ENVIRONMENTAL RESTORATION.—If the Sec6 retary of Energy determines under any authority pre7 viously established by law that a parcel of land described 

8 in subsection (c) requires environmental restoration or re9 mediation, the Secretary shall, to the maximum extent 

10 practicable, complete the environmental restoration or re11 mediation of the parcel not later than September 30, 

12 2022, and otherwise in compliance with such law. 

13 (b) CONVEYANCE OR TRANSFER.—If the Secretary 

14 determines under any authority previously established by 

15 law that environmental restoration or remediation cannot 

16 reasonably be expected to be completed with respect to a 

17 parcel of land described in subsection (c) by September 

18 30, 2022, the Secretary shall not convey or transfer the 

19 parcel of land. 

20 (c) PARCELS OF LAND.—A parcel of land described 

21 in this subsection is a parcel of land under the jurisdiction 

22 or administrative control of the Secretary at or in the vi23 cinity of Los Alamos National Laboratory that the Sec24 retary has previously identified as suitable for conveyance 

25 or transfer in a report submitted to the congressional deVerDate Mar 15 2010 22:54 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00912 Fmt 6652 Sfmt 6201 E:\BILLS\H6523.PCS H6523

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1 fense committees prior to the date of the enactment of 

2 this Act. 

3 SEC. 3121. REPEAL OF SUNSET PROVISION FOR MODIFICA4 TION OF MINOR CONSTRUCTION THRESHOLD 

5 FOR PLANT PROJECTS. 

6 (a) MINOR CONSTRUCTION THRESHOLD.—Para7 graph (3) of section 4701 of the Atomic Energy Defense 

8 Act (50 U.S.C. 2741(3)), as amended by section 3118(b) 

9 of the National Defense Authorization Act for Fiscal Year 

10 2010 (Public Law 111–84; 123 Stat. 2709), is amended 

11 by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

12 (b) NOTIFICATION.—Section 3118(c) of the National 

13 Defense Authorization Act for Fiscal Year 2010 (Public 

14 Law 111–84; 123 Stat. 2709) is amended by striking 

15 ‘‘during fiscal year 2010’’. 

16 SEC. 3122. ENHANCING PRIVATE-SECTOR EMPLOYMENT 

17 THROUGH COOPERATIVE RESEARCH AND DE18 VELOPMENT ACTIVITIES. 

19 (a) IN GENERAL.—The Administrator for Nuclear 

20 Security shall encourage cooperative research and develop21 ment activities at the national security laboratories (as de22 fined in section 3281 of the National Nuclear Security Ad23 ministration Act (50 U.S.C. 2471)) that lead to the cre24 ation of new private-sector employment opportunities. 


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1 (b) REPORTS.—Not later than January 31 of each 

2 year from 2012 through 2017, the Administrator shall 

3 submit to Congress a report detailing the number of new 

4 private-sector employment opportunities created as a re5 sult of the previous years’ cooperative research and devel6 opment activities at each national security laboratory. 

7 SEC. 3123. LIMITATION ON USE OF FUNDS FOR ESTABLISH8 MENT OF CENTERS OF EXCELLENCE IN 

9 COUNTRIES OUTSIDE OF THE FORMER SO10 VIET UNION. 

11 Not more than $500,000 of the funds authorized to 

12 be appropriated by section 3101(a)(2) for defense nuclear 

13 nonproliferation activities may be obligated or expended 

14 to establish a center of excellence in a country that is not 

15 a state of the former Soviet Union until the date that is 

16 15 days after the date on which the Administrator for Nu17 clear Security submits to the congressional defense com18 mittees a report that includes the following: 

19 (1) An identification of the country in which 

20 the center will be located. 

21 (2) A description of the purpose for which the 

22 center will be established. 

23 (3) The agreement under which the center will 

24 operate. 

25 (4) A funding plan for the center, including— 


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1 (A) the amount of funds to be provided by 

2 the government of the country in which the cen3 ter will be located; and 

4 (B) the percentage of the total cost of es5 tablishing and operating the center the funds 

6 described in subparagraph (A) will cover. 

7 SEC. 3124. DEPARTMENT OF ENERGY ENERGY PARKS PRO8 GRAM. 

9 (a) IN GENERAL.—The Secretary of Energy may es10 tablish a program to permit the establishment of energy 

11 parks on former defense nuclear facilities. 

12 (b) OBJECTIVES.—The objectives for establishing en13 ergy parks pursuant to subsection (a) are the following: 

14 (1) To provide locations to carry out a broad 

15 range of projects relating to the development and de16 ployment of energy technologies and related ad17 vanced manufacturing technologies. 

18 (2) To provide locations for the implementation 

19 of pilot programs and demonstration projects for 

20 new and developing energy technologies and related 

21 advanced manufacturing technologies. 

22 (3) To set a national example for the develop23 ment and deployment of energy technologies and re24 lated advanced manufacturing technologies in a 


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1 manner that will promote energy security, energy 

2 sector employment, and energy independence. 

3 (4) To create a business environment that en4 courages collaboration and interaction between the 

5 public and private sectors. 

6 (c) CONSULTATION.—In establishing an energy park 

7 pursuant to subsection (a), the Secretary shall consult 

8 with— 

9 (1) the local government with jurisdiction over 

10 the land on which the energy park will be located; 

11 (2) the local governments of adjacent areas; 

12 and 

13 (3) any community reuse organization recog14 nized by the Secretary at the former defense nuclear 

15 facility on which the energy park will be located. 

16 (d) REPORT REQUIRED.—Not later than 120 days 

17 after the date of the enactment of this Act, the Secretary 

18 shall submit to the Committee on Armed Services of the 

19 Senate and the Committee on Armed Services of the 

20 House of Representatives a report on the implementation 

21 of the program under subsection (a). The report shall in22 clude such recommendations for additional legislative ac23 tions as the Secretary considers appropriate to facilitate 

24 the development of energy parks on former defense nu25 clear facilities. 


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1 (e) DEFENSE NUCLEAR FACILITY DEFINED.—In 

2 this section, the term ‘‘defense nuclear facility’’ has the 

3 meaning given the term ‘‘Department of Energy defense 

4 nuclear facility’’ in section 318 of the Atomic Energy Act 

5 of 1954 (42 U.S.C. 2286g). 

6 Subtitle C—Reports 

7 SEC. 3131. REPORT ON GRADED SECURITY PROTECTION 

8 POLICY. 

9 (a) REPORT.—Not later than February 1, 2011, the 

10 Secretary of Energy shall submit to the congressional de11 fense committees a report on the implementation of the 

12 graded security protection policy of the Department of En13 ergy. 

14 (b) MATTERS INCLUDED.—The report under sub15 section (a) shall include the following: 

16 (1) A comprehensive plan and schedule (includ17 ing any benchmarks, milestones, or other deadlines) 

18 for implementing the graded security protection pol19 icy. 

20 (2) An explanation of the current status of the 

21 graded security protection policy for each site with 

22 respect to the comprehensive plan under paragraph 

23 (1). 

24 (3) An explanation of the Secretary’s objective 

25 end-state for implementation of the graded security 


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1 protection policy (such end-state explanation shall 

2 include supporting justification and rationale to en3 sure that robust and adaptive security measures 

4 meet the graded security protection policy require5 ments). 

6 (4) Identification of each site that has received 

7 an exception or waiver to the graded security protec8 tion policy, including the justification for each such 

9 exception or waiver. 

10 (5) A schedule for ‘‘force-on-force’’ exercises 

11 that the Secretary considers necessary to maintain 

12 operational readiness. 

13 (6) A description of a program that will provide 

14 proper training and equipping of personnel to a cer15 tifiable standard. 

16 (c) FORM.—The report required by subsection (a) 

17 shall be submitted in unclassified form, but may include 

18 a classified annex. 

19 TITLE XXXII—DEFENSE NU20 CLEAR FACILITIES SAFETY 

21 BOARD 

Sec. 3201. Authorization. 

22 SEC. 3201. AUTHORIZATION. 

23 There are authorized to be appropriated for fiscal 

24 year 2011, $28,640,000 for the operation of the Defense 


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1 Nuclear Facilities Safety Board under chapter 21 of the 

2 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

3 TITLE XXXIV—NAVAL 

4 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

5 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) AMOUNT.—There are hereby authorized to be ap7 propriated to the Secretary of Energy $23,614,000 for fis8 cal year 2011 for the purpose of carrying out activities 

9 under chapter 641 of title 10, United States Code, relating 

10 to the naval petroleum reserves. 

11 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

12 pursuant to the authorization of appropriations in sub13 section (a) shall remain available until expended. 

14 TITLE XXXV—MARITIME 

15 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. 

16 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NA17 TIONAL SECURITY ASPECTS OF THE MER18 CHANT MARINE FOR FISCAL YEAR 2011. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2011, to be available without fiscal year limita21 tion if so provided in appropriations Acts, for the use of 


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1 the Department of Transportation for Maritime Adminis2 tration programs associated with maintaining national se3 curity aspects of the merchant marine, as follows: 

4 (1) For expenses necessary for operations of the 

5 United States Merchant Marine Academy, 

6 $100,020,000, of which— 

7 (A) $63,120,000 shall remain available 

8 until expended for Academy operations; 

9 (B) $6,000,000 shall remain available until 

10 expended for refunds to Academy midshipmen 

11 for improperly charged fees; and 

12 (C) $30,900,000 shall remain available 

13 until expended for capital improvements at the 

14 Academy. 

15 (2) For expenses necessary to support the State 

16 maritime academies, $15,007,000, of which— 

17 (A) $2,000,000 shall remain available until 

18 expended for student incentive payments; 

19 (B) $2,000,000 shall remain available until 

20 expended for direct payments to such acad21 emies; and 

22 (C) $11,007,000 shall remain available 

23 until expended for maintenance and repair of 

24 State maritime academy training vessels. 


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1 (3) For expenses necessary to dispose of vessels 

2 in the National Defense Reserve Fleet, $10,000,000. 

3 (4) For expenses to maintain and preserve a 

4 United States-flag merchant marine to serve the na5 tional security needs of the United States under 

6 chapter 531 of title 46, United States Code, 

7 $174,000,000. 

8 (5) For the cost (as defined in section 502(5) 

9 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

10 661a(5)) of loan guarantees under the program au11 thorized by chapter 537 of title 46, United States 

12 Code, $60,000,000, of which $3,688,000 shall re13 main available until expended for administrative ex14 penses of the program. 

15 SEC. 3502. EXTENSION OF MARITIME SECURITY FLEET PRO16 GRAM. 

17 Chapter 531 of title 46, United States Code, is 

18 amended— 

19 (1) in section 53104(a), by striking ‘‘2015’’ and 

20 inserting ‘‘2025’’; 

21 (2) in section 53106(a)(1)(C), by striking ‘‘for 

22 each fiscal years 2012, 2013, 2014, and 2015’’ and 

23 inserting ‘‘for each of fiscal years 2012 though 

24 2025’’; and 


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1 (3) in section 53111(3), by striking ‘‘2015’’ and 

2 inserting ‘‘2025’’. 

3 SEC. 3503. UNITED STATES MERCHANT MARINE ACADEMY 

4 NOMINATIONS OF RESIDENTS OF THE 

5 NORTHERN MARIANA ISLANDS. 

6 Section 51302(b) of title 46, United States Code, is 

7 amended— 

8 (1) in paragraph (3), by inserting ‘‘the North9 ern Mariana Islands,’’ after ‘‘Guam,’’; and 

10 (2) by striking paragraph (5) and redesignating 

11 paragraph (6) as paragraph (5). 

12 SEC. 3504. RESEARCH AUTHORITY. 

13 Section 51301 title 46, United States Code, is 

14 amended— 

15 (1) by inserting ‘‘as an institution of higher 

16 education’’ after ‘‘Academy’’; and 

17 (2) by striking ‘‘States.’’ and inserting ‘‘States, 

18 to conduct research with respect to maritime-related 

19 matters, and to provide such other appropriate aca20 demic support, assistance, training, and activities in 


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1 accordance with the provisions of this chapter as the Sec2 retary may authorize.’’. 

Passed the House of Representatives December 17, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 717 

111TH CONGRESS 

2D SESSION H. R. 6523 

AN ACT 

To authorize appropriations for fiscal year 2011 for 

and for other purposes. military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense, 

DECEMBER 19, 2010 

Read twice and placed on the calendar 


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