II 

★(Star Print)

Calendar No. 447 

111TH CONGRESS 

2D SESSION H. R. 5136 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2010 

Received; read twice and placed on the calendar 

AN ACT 

To authorize appropriations for fiscal year 2011 for military 

activities of the Department of Defense, for military 

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

for such fiscal year, and for other purposes. 

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 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2011’’. 

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

7 CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into four divi9 sions as follows: 


smartinez on DSKB9S0YB1PROD with BILLS
2 

HR 5136 PCS1S 

1 (1) Division A—Department of Defense Au2 thorizations. 

3 (2) Division B—Military Construction Author4 izations. 

5 (3) Division C—Department of Energy Na6 tional Security Authorizations and Other Authoriza7 tions. 

8 (4) Division D—Implementing Management for 

9 Performance and Related Reforms to Obtain Value 

10 in Every Acquisition Act. 

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

12 this Act is as follows: 

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 

Sec. 4. Treatment of successor contingency operation to Operation Iraqi Freedom. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B—Army Programs 

Sec. 111. Procurement of early infantry brigade combat team increment one 

equipment. 

Sec. 112. Report on Army battlefield network plans and programs. 

Sec. 113. Limitation on use of funds for line-haul tractors. 

Subtitle C—Navy Programs 

Sec. 121. Incremental funding for procurement of large naval vessels. 

Sec. 122. Multiyear procurement of F/A–18E, F/A–18F, and EA–18G aircraft. 

Sec. 123. Report on naval force structure and missile defense. 

Subtitle D—Air Force Programs 


smartinez on DSKB9S0YB1PROD with BILLS
3 

HR 5136 PCS1S 

Sec. 131. Preservation and storage of unique tooling for F–22 fighter aircraft. 

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Limitation on procurement of F–35 Lightning II aircraft. 

Sec. 142. Limitations on biometric systems funds. 

Sec. 143. Counter-improvised explosive device initiatives database. 

Sec. 144. Study on lightweight body armor solutions. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Report requirements for replacement program of the Ohio-class ballistic missile submarine. 

Sec. 212. Limitation on obligation of funds for F–35 Lightning II aircraft program. 

Sec. 213. Inclusion in annual budget request and future-years defense program 

of sufficient amounts for continued development and procurement of competitive propulsion system for F–35 Lightning II 

aircraft. 

Sec. 214. Separate program elements required for research and development of 

Joint Light Tactical Vehicle. 

Subtitle C—Missile Defense Programs 

Sec. 221. Limitation on availability of funds for missile defenses in Europe. 

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

with foreign entities. 

Sec. 223. Phased, adaptive approach to missile defense in Europe. 

Sec. 224. Homeland defense hedging policy. 

Sec. 225. Independent assessment of the plan for defense of the homeland 

against the threat of ballistic missiles. 

Sec. 226. Study on ballistic missile defense capabilities of the United States. 

Sec. 227. Reports on standard missile system. 

Subtitle D—Reports 

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

Ground Combat Vehicle program. 

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

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

Sec. 234. Joint assessment of the joint effects targeting system. 

Subtitle E—Other Matters 

Sec. 241. Escalation of force capabilities. 

Sec. 242. Pilot program to include technology protection features during research and development of defense systems. 

Sec. 243. Pilot program on collaborative energy security. 

Sec. 244. Report on regional advanced technology clusters. 


smartinez on DSKB9S0YB1PROD with BILLS
4 

HR 5136 PCS1S 

Sec. 245. Sense of Congress affirming the importance of Department of Defense participation in development of next generation semiconductor technologies. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environmental Provisions 

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

in connection with the Twin Cities Army Ammunition Plant, 

Minnesota. 

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

in connection with Naval Air Station, Brunswick, Maine. 

Sec. 313. Testing and certification plan for operational use of an aviation 

biofuel derived from materials that do not compete with food 

stocks. 

Sec. 314. Report identifying hybrid or electric propulsion systems and other 

fuel-saving technologies for incorporation into tactical motor 

vehicles. 

Sec. 315. Exception to alternative fuel procurement requirement. 

Sec. 316. Information sharing relating to investigation of exposure to drinking 

water contamination at Camp Lejeune, North Carolina. 

Subtitle C—Workplace and Depot Issues 

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

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

prime vendor contracts for depot-level maintenance and repair. 

Sec. 323. Pilot program on best value for contracts for private security functions. 

Sec. 324. Standards and certification for private security contractors. 

Sec. 325. Prohibition on establishing goals or quotas for conversion of functions 

to performance by Department of Defense civilian employees. 

Sec. 326. Treatment of employer contributions to health benefits and retirement plans for purposes of cost-comparisons of contractor and 

civilian employee performance of Department of Defense functions. 

Subtitle D—Reports 

Sec. 331. Revision to reporting requirement relating to operation and financial 

support for military museums. 

Sec. 332. Additional reporting requirements relating to corrosion prevention 

projects and activities. 

Sec. 333. Modification and repeal of certain reporting requirements. 

Sec. 334. Report on Air Sovereignty Alert mission. 

Sec. 335. Report on the SEAD/DEAD mission requirement for the Air Force. 

Sec. 336. Requirement to update study on strategic seaports. 

Sec. 337. Study and report on feasibility of joint usage of the NASA Shuttle 

Logistics Depot. 

Subtitle E—Limitations and Extensions of Authority 


smartinez on DSKB9S0YB1PROD with BILLS
5 

HR 5136 PCS1S 

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

of domestic military airfields by civil aircraft. 

Sec. 342. Improvement and extension of Arsenal Support Program Initiative. 

Sec. 343. Extension of authority to reimburse expenses for certain Navy mess 

operations. 

Sec. 344. Limitation on obligation of funds for the Army Human Terrain System. 

Sec. 345. Limitation on obligation of funds pending submission of classified 

justification material. 

Sec. 346. Limitation on retirement of C–130 aircraft from Air Force inventory. 

Sec. 347. Commercial sale of small arms ammunition in excess of military requirements. 

Sec. 348. Limitation on Air Force fiscal year 2011 force structure announcement implementation. 

Subtitle F—Other Matters 

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

Sec. 352. Adoption of military working dogs by family members of deceased or 

seriously wounded members of the Armed Forces who were 

handlers of the dogs. 

Sec. 353. Revision to authorities relating to transportation of civilian passengers and commercial cargoes by Department of Defense 

when space unavailable on commercial lines. 

Sec. 354. Technical correction to obsolete reference relating to use of flexible 

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

Sec. 355. Inventory and study of budget modeling and simulation tools. 

Sec. 356. Sense of Congress regarding continued importance of High-Altitude 

Aviation Training Site, Colorado. 

Sec. 357. Department of Defense study on simulated tactical flight training in 

a sustained g environment. 

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

Sec. 359. Sense of Congress regarding fire-resistant utility ensembles for National Guard personnel in civil authority missions. 

Sec. 360. Authority to make excess nonlethal supplies available for domestic 

emergency assistance. 

Sec. 361. Recovery of missing Department of Defense property. 

Sec. 362. Authority for payment of full replacement value for loss or damage 

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

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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


smartinez on DSKB9S0YB1PROD with BILLS
6 

HR 5136 PCS1S 

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

duty for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy Generally 

Sec. 501. Age for health care professional appointments and mandatory retirements. 

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

by commission and standardization of warrant officer appointing authority. 

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

and records of special selection boards. 

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

for promotion. 

Sec. 505. Eligibility of officers to serve on boards of inquiry for separation of 

regular officers for substandard performance and other reasons. 

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

a commissioned officer required for voluntary retirement as an 

officer. 

Subtitle B—Reserve Component Management 

Sec. 511. Preseparation counseling for members of the reserve components. 

Sec. 512. Military correction board remedies for National Guard members. 

Sec. 513. Removal of statutory distribution limits on Navy reserve flag officer 

allocation. 

Sec. 514. Assignment of Air Force Reserve military technicians (dual status) 

to positions outside Air Force Reserve unit program. 

Sec. 515. Temporary authority for temporary employment of non-dual status 

military technicians. 

Sec. 516. Revised structure and functions of Reserve Forces Policy Board. 

Sec. 517. Merit Systems Protection Board and judicial remedies for National 

Guard technicians. 

Subtitle C—Joint Qualified Officers and Requirements 

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

officer management. 

Sec. 522. Changes to process involving promotion boards for joint qualified officers and officers with joint staff experience. 

Sec. 523. Secure electronic delivery of Certificate of Release or Discharge from 

Active Duty (DD Form 214). 

Subtitle D—General Service Authorities 

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

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

Sec. 532. Correction of military records. 


smartinez on DSKB9S0YB1PROD with BILLS
7 

HR 5136 PCS1S 

Sec. 533. Modification of Certificate of Release or Discharge from Active Duty 

(DD Form 214) to specifically identify a space for inclusion of 

e-mail address. 

Sec. 534. Recognition of role of female members of the Armed Forces and Department of Defense review of military occupational specialties 

available to female members. 

Sec. 535. Matters covered by preseparation counseling for members of the 

Armed Forces and their spouses. 

Sec. 536. Department of Defense policy concerning homosexuality in the Armed 

Forces. 

Subtitle E—Military Justice and Legal Matters 

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

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

Sec. 543. Limitations on use in personnel action of information contained in 

criminal investigative report or in index maintained for law enforcement retrieval and analysis. 

Sec. 544. Protection of child custody arrangements for parents who are members of the Armed Forces deployed in support of a contingency 

operation. 

Sec. 545. Improvements to Department of Defense domestic violence programs. 

Sec. 546. Public release of restricted annex of Department of Defense Report 

of the Independent Review Related to Fort Hood pertaining to 

oversight of the alleged perpetrator of the attack. 

Subtitle F—Member Education and Training Opportunities and 

Administration 

Sec. 551. Repayment of education loan repayment benefits. 

Sec. 552. Active duty obligation for graduates of the military service academies 

participating in the Armed Forces Health Professions Scholarship and Financial Assistance program. 

Sec. 553. Waiver of maximum age limitation on admission to service academies 

for certain enlisted members who served during Operation Iraqi 

Freedom or Operation Enduring Freedom. 

Sec. 554. Report of feasibility and cost of expanding enrollment authority of 

Community College of the Air Force to include additional 

members of the Armed Forces. 

Subtitle G—Defense Dependents’ Education 

Sec. 561. Continuation of authority to assist local educational agencies that 

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

Sec. 562. Enrollment of dependents of members of the Armed Forces who reside in temporary housing in Department of Defense domestic 

dependent elementary and secondary schools. 

Subtitle H—Decorations, Awards, and Commemorations 

Sec. 571. Notification requirement for determination made in response to review of proposal for award of a Medal of Honor not previously 

submitted in timely fashion. 


smartinez on DSKB9S0YB1PROD with BILLS
8 

HR 5136 PCS1S 

Sec. 572. Department of Defense recognition of spouses of members of the 

Armed Forces. 

Sec. 573. Department of Defense recognition of children of members of the 

Armed Forces. 

Sec. 574. Clarification of persons eligible for award of bronze star medal. 

Sec. 575. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation. 

Sec. 576. Authorization for award of Medal of Honor to certain members of the 

Army for acts of valor during the Civil War, Korean War, or 

Vietnam War. 

Sec. 577. Authorization and request for award of Distinguished-Service Cross 

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

Sec. 578. Program to commemorate 60th anniversary of the Korean War. 

Sec. 579. Establishment of Combat Medevac Badge. 

Sec. 580. Retroactive award of Army Combat Action Badge. 

Sec. 580A. Review regarding award of Medal of Honor to Jewish American 

World War I veterans. 

Subtitle I—Military Family Readiness Matters 

Sec. 581. Appointment of additional member of Department of Defense Military Family Readiness Council. 

Sec. 582. Director of the Office of Community Support for Military Families 

With Special Needs. 

Sec. 583. Pilot program of personalized career development counseling for military spouses. 

Sec. 584. Modification of Yellow Ribbon Reintegration Program. 

Sec. 585. Importance of Office of Community Support for Military Families 

with Special Needs. 

Sec. 586. Comptroller General report on Department of Defense Office of Community Support for Military Families with Special Needs. 

Sec. 587. Comptroller General report on Exceptional Family Member Program. 

Sec. 588. Comptroller General review of Department of Defense military spouse 

employment programs. 

Sec. 589. Report on Department of Defense military spouse education programs. 

Sec. 590. Annual leave for family of deployed members of the uniformed services. 

Sec. 590A. Codification and continuation of Joint Family Support Assistance 

Program. 

Subtitle J—Other Matters 

Sec. 591. Establishment of Junior Reserve Officers’ Training Corps units for 

students in grades above sixth grade. 

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

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

Force Institute of Technology. 

Sec. 594. Date for submission of annual report on Department of Defense 

STARBASE Program. 

Sec. 595. Extension of deadline for submission of final report of Military Leadership Diversity Commission. 

Sec. 596. Enhanced authority for members of the Armed Forces and Department of Defense and Coast Guard civilian employees and their 

families to accept gifts from non-Federal entities. 


smartinez on DSKB9S0YB1PROD with BILLS
9 

HR 5136 PCS1S 

Sec. 597. Report on performance and improvements of Transition Assistance 

Program. 

Sec. 598. Sense of Congress regarding assisting members of the Armed Forces 

to participate in apprenticeship programs. 

Sec. 599. Report on expansion of number of heirloom chest awarded to surviving families. 

Sec. 600. Increase of maximum age for children eligible for medical care under 

CHAMPVA program. 

Sec. 600A. Transfer of Troops-to-Teachers Program from Department of Education to Department of Defense. 

Sec. 600B. Enhancements to the Troops-to-Teachers Program. 

Sec. 600C. Support from Department of Education to help cover costs of new 

State programs under National Guard Youth Challenge Program. 

Sec. 600D. Study of treatment of members of the reserve components. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2011 increase in military basic pay. 

Sec. 602. Basic allowance for housing for two-member couples when one or 

both members are on sea duty. 

Sec. 603. Allowances for purchase of required uniforms and equipment. 

Sec. 604. Increase in amount of family separation allowance. 

Sec. 605. One-time special compensation for transition of assistants providing 

aid and attendance care to members of the uniformed services 

with catastrophic injuries or illnesses. 

Sec. 606. Expansion of definition of senior enlisted member to include senior 

enlisted member serving within a combatant command. 

Sec. 607. Ineligibility of certain Federal civilian employees for Reservist income 

replacement payments on account of availability of comparable 

benefits under another program. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

reserve forces. 

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

health care professionals. 

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

officers. 

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 

37 bonuses and special pays. 

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

Sec. 617. Treatment of officers transferring between Armed Forces for receipt 

of aviation career special pay. 

Sec. 618. Increase in maximum amount of special pay for duty subject to hostile fire or imminent danger or for duty in foreign area designated as an imminent danger area. 


smartinez on DSKB9S0YB1PROD with BILLS
10 

HR 5136 PCS1S 

Sec. 619. Special payment to members of the Armed Forces and civilian employees of the Department of Defense killed or wounded in attacks directed at members or employees outside of combat 

zone, including those killed or wounded in certain 2009 attacks. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Extension of authority to provide travel and transportation allowances for inactive duty training outside of normal commuting 

distances. 

Sec. 632. Travel and transportation allowances for attendance of designated 

persons at Yellow Ribbon Reintegration events. 

Sec. 633. Mileage reimbursement for use of privately owned vehicles. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Elimination of cap on retired pay multiplier for members with greater 

than 30 years of service who retire for disability. 

Sec. 642. Equity in computation of disability retired pay for reserve component 

members wounded in action. 

Sec. 643. Elimination of the age requirement for health care benefits for nonregular service retirees. 

Sec. 644. Clarification of effect of ordering reserve component member to active 

duty to receive authorized medical care on reducing eligibility 

age for receipt of non-regular service retired pay. 

Sec. 645. Special survivor indemnity allowance for recipients of pre-Survivor 

Benefit Plan annuity affected by required offset for dependency 

and indemnity compensation. 

Sec. 646. Payment date for retired and retainer pay. 

Sec. 647. Sense of Congress concerning age and service requirements for retired pay for non-regular service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

and Operations 

Sec. 651. Shared construction costs for shopping malls or similar facilities containing a commissary store and one or more nonappropriated 

fund instrumentality activities. 

Sec. 652. Addition of definition of morale, welfare, and recreation telephone 

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

Sec. 653. Feasibility study on establishment of full exchange store in the 

Northern Mariana Islands. 

Sec. 654. Continued operation of commissary and exchange stores serving 

Brunswick Naval Air Station, Maine. 

Subtitle F—Alternative Career Track Pilot Program 

Sec. 661. Pilot program to evaluate alternative career track for commissioned 

officers to facilitate an increased commitment to academic and 

professional education and career-broadening assignments. 

Subtitle G—Other Matters 


smartinez on DSKB9S0YB1PROD with BILLS
11 

HR 5136 PCS1S 

Sec. 671. Participation of members of the Armed Forces Health Professions 

Scholarship and Financial Assistance program in active duty 

health profession loan repayment program. 

Sec. 672. Retention of enlistment, reenlistment, and student loan benefits received by military technicians (dual status). 

Sec. 673. Cancellation of loans of members of the Armed Forces made from 

student loan funds. 

Sec. 674. Report on provision of additional incentives for recruitment and retention of health care professionals for reserve components. 

Sec. 675. Flexible commencement dates for availability of homeowner assistance 

for members of the Armed Forces permanently reassigned during mortgage crisis. 

Sec. 676. Exclusion of persons convicted of committing certain sex offenses 

from receiving certain burial-related benefits and funeral honors. 

Sec. 677. Scholarship program for veterans for pursuit of graduate and postgraduate degrees in behavioral health sciences. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

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

Sec. 702. Extension of dependent coverage under TRICARE. 

Sec. 703. Survivor dental benefits. 

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

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

Sec. 706. Suicide among members of the Individual Ready Reserve and individual mobilization augmentees. 

Sec. 707. Provision of information to members of the reserve components regarding health care benefits. 

Subtitle B—Health Care Administration 

Sec. 711. Administration of TRICARE. 

Sec. 712. Updated terminology for the Army medical service corps. 

Sec. 713. Clarification of licensure requirements applicable to military healthcare professionals who are members of the national guard performing duty while in title 32 status. 

Sec. 714. Annual report on joint health care facilities of the Department of Defense and the Department of Veterans Affairs. 

Sec. 715. Improvements to oversight of medical training for Medical Corps officers. 

Sec. 716. Study on reimbursement for costs of health care provided to ineligible 

individuals. 

Sec. 717. Limitation on transfer of funds to Department of Defense-Department of Veterans Affairs medical facility demonstration 

project. 

Sec. 718. Enterprise risk assessment of health information technology programs. 

Subtitle C—Other Matters 

Sec. 721. Improving aural protection for members of the Armed Forces. 

Sec. 722. Comprehensive policy on neurocognitive assessment by the military 

health care system. 


smartinez on DSKB9S0YB1PROD with BILLS
12 

HR 5136 PCS1S 

Sec. 723. National Casualty Care Research Center. 

Sec. 724. Report on feasibility of study on breast cancer among female members of the Armed Forces. 

Sec. 725. Assessment of post-traumatic stress disorder by military occupation. 

Sec. 726. Visiting NIH Senior Neuroscience Fellowship Program. 

Sec. 727. Pilot program on payment for treatment of members of the Armed 

Forces and veterans for traumatic brain injury and post-traumatic stress disorder. 

Sec. 728. Post-traumatic stress disorder counseling for civilian victims of the 

Fort Hood shooting and other similar incidents. 

Sec. 729. Sense of Congress concerning the implementation of the congressionally-mandated recommendations of the Institute of Medicine 

study. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Disclosure to litigation support contractors. 

Sec. 802. Designation of F135 and F136 engine development and procurement 

programs as major subprograms. 

Sec. 803. Conforming amendments relating to inclusion of major subprograms 

to major defense acquisition programs under various acquisition-related requirements. 

Sec. 804. Enhancement of Department of Defense authority to respond to combat and safety emergencies through rapid acquisition and deployment of urgently needed supplies. 

Sec. 805. Prohibition on contracts with entities engaging in commercial activity 

in the energy sector of Iran. 

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

Limitations 

Sec. 811. Extension of authority to procure certain fibers; limitation on specification. 

Sec. 812. Small arms production industrial base matters. 

Sec. 813. Additional definition relating to production of specialty metals within 

the United States. 

Subtitle C—Studies and Reports 

Sec. 821. Studies to analyze alternative models for acquisition and funding of 

technologies supporting network-centric operations. 

Sec. 822. Annual joint report and Comptroller General review on contracting in 

Iraq and Afghanistan. 

Sec. 823. Extension of Comptroller General review and report on contracting 

in Iraq and Afghanistan. 

Sec. 824. Interim report on review of impact of covered subsidies on acquisition 

of KC–45 aircraft. 

Sec. 825. Reports on Joint Capabilities Integration and Development System. 

Subtitle D—Other Matters 

Sec. 831. Extension of authority for defense acquisition challenge program. 

Sec. 832. Energy savings performance contracts. 


smartinez on DSKB9S0YB1PROD with BILLS
13 

HR 5136 PCS1S 

Sec. 833. Consideration of sustainable practices in procurement of products and 

services. 

Sec. 834. Definition of materials critical to national security. 

Sec. 835. Determination of strategic or critical rare earth materials for defense 

applications. 

Sec. 836. Review of national security exception to competition. 

Sec. 837. Inclusion of bribery in disclosure requirements of the Federal awardee performance and integrity information system. 

Sec. 838. Requirement for entities with facility clearances that are not under 

foreign ownership control or influence mitigation. 

Sec. 839. Report related to minority-owned, women-owned, and disadvantagedowned small businesses. 

Sec. 840. Defense industrial base priority for rare earth neodymium iron boron 

magnets. 

Sec. 841. Sense of Congress regarding cost savings through reductions in 

waste, fraud, and abuse. 

Sec. 842. Procurement of articles, materials, and supplies for use outside the 

United States. 

Sec. 843. Additional information on waivers under Buy American Act by Department of Defense required to be included in annual report. 

Sec. 844. Requirement to include effects on domestic jobs in periodic assessments of defense capability. 

Sec. 845. Extension of regulations on contractors performing private security 

functions. 

Sec. 846. Procurement of photovoltaic devices. 

Sec. 847. Requirement for contracts in Iraq and Afghanistan to use employees 

and not independent contractors for private security services. 

Sec. 848. Consideration of unfair competitive advantage in evaluation of offers 

for KC–X aerial refueling aircraft program. 

Sec. 849. Debarment of BP and its subsidiaries. 

Sec. 850. Office of Federal Procurement Policy Act amendments. 

Sec. 851. Requirement to justify the use of factors other than cost or price as 

the predominate factors in evaluating competitive proposals for 

defense procurement contracts. 

Sec. 852. Penalties on contractors not providing information to databases on 

contracts in Iraq and Afghanistan. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 

Sec. 902. Realignment of the organizational structure of the Office of the Secretary of Defense to carry out the reduction required by law 

in the number of Deputy Under Secretaries of Defense. 

Sec. 903. Unified medical command. 

Subtitle B—Space Activities 

Sec. 911. Integrated space architectures. 

Subtitle C—Intelligence-Related Matters 


smartinez on DSKB9S0YB1PROD with BILLS
14 

HR 5136 PCS1S 

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

in commercial activities as security for intelligence collection 

activities. 

Sec. 922. Space and counterspace intelligence analysis. 

Sec. 923. Audits of intelligence community by Government Accountability Office. 

Subtitle D—Other Matters 

Sec. 931. Revisions to the board of regents for the Uniformed Services University of the Health Sciences. 

Sec. 932. Increased flexibility for Combatant Commander Initiative Fund. 

Sec. 933. Two-year extension of authorities relating to temporary waiver of reimbursement of costs of activities for nongovernmental personnel at Department of Defense Regional Centers for Security 

Studies. 

Sec. 934. Additional requirements for quadrennial roles and missions review in 

2011. 

Sec. 935. Codification of congressional notification requirement before permanent relocation of any United States military unit stationed 

outside the United States. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

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

Sec. 1003. Budgetary effects of this Act. 

Subtitle B—Counter-Drug Activities 

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

Sec. 1012. Joint task forces support to law enforcement agencies conducting 

counterterrorism activities. 

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

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

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Requirements for long-range plan for construction of naval vessels. 

Sec. 1022. Requirements for the decommissioning of naval vessels. 

Sec. 1023. Requirements for the size of the Navy battle force fleet. 

Sec. 1024. Retention and status of certain naval vessels. 

Sec. 1025. Expressing the sense of Congress regarding the naming of a naval 

combat vessel after Father Vincent Capodanno. 

Subtitle D—Counterterrorism 

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

terrorism. 

Sec. 1032. Prohibition on the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo 

Bay, Cuba. 


smartinez on DSKB9S0YB1PROD with BILLS
15 

HR 5136 PCS1S 

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

countries and other foreign entities. 

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

the United States to house detainees transferred from United 

States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1035. Comprehensive review of force protection policies. 

Sec. 1036. Fort Hood Follow-on Review Implementation Fund. 

Sec. 1037. Inspector General investigation of the conduct and practices of lawyers representing individuals detained at Naval Station, Guantanamo Bay, Cuba. 

Sec. 1038. Prohibition on use of funds to give Miranda warnings to Al Qaeda 

terrorists. 

Subtitle E—Studies and Reports 

Sec. 1041. Department of Defense aerospace-related mishap safety investigation reports. 

Sec. 1042. Interagency national security knowledge and skills. 

Sec. 1043. Report on establishing a Northeast Regional Joint Training Center. 

Sec. 1044. Comptroller General report on previously requested reports. 

Sec. 1045. Report on nuclear triad. 

Sec. 1046. Cybersecurity study and report. 

Sec. 1047. Study on common alignment of world regions in departments and 

agencies with international responsibilities. 

Sec. 1048. Required reports concerning bomber modernization, sustainment, 

and recapitalization efforts in support of the national defense 

strategy. 

Subtitle F—Other Matters 

Sec. 1051. National Defense Panel. 

Sec. 1052. Quadrennial defense review. 

Sec. 1053. Sale of surplus military equipment to State and local homeland security and emergency management agencies. 

Sec. 1054. Department of Defense rapid innovation program. 

Sec. 1055. Technical and clerical amendments. 

Sec. 1056. Budgeting for the sustainment and modernization of nuclear delivery systems. 

Sec. 1057. Limitation on nuclear force reductions. 

Sec. 1058. Sense of Congress on the Nuclear Posture Review. 

Sec. 1059. Strategic assessment of strategic challenges posed by potential competitors. 

Sec. 1060. Electronic access to certain classified information. 

Sec. 1061. Justice for victims of torture and terrorism. 

Sec. 1062. Policy regarding appropriate use of Department of Defense resources. 

Sec. 1063. Executive agent for preventing the introduction of counterfeit microelectronics into the defense supply chain. 

Sec. 1064. Shared information regarding training exercises. 

Sec. 1065. Sense of Congress regarding presidential letters of condolence to the 

families of members of the Armed Forces who have died by suicide. 

Sec. 1066. Findings and sense of Congress on Obesity and Federal Child Nutrition Programs. 


smartinez on DSKB9S0YB1PROD with BILLS
16 

HR 5136 PCS1S 

Sec. 1067. Sense of Congress regarding recreational hunting and fishing on 

military installations. 

Sec. 1068. Sense of Congress encouraging the President to order the United 

States flag to be flown over United States military and civilian 

outposts in Haiti during earthquake relief efforts. 

Sec. 1069. Study on optimal balance of manned and unmanned aerial vehicle 

capability. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Authority for the Department of Defense to approve an alternate 

method of processing equal employment opportunity complaints 

within one or more component organizations under specified 

circumstances. 

Sec. 1102. Clarification of authorities at personnel demonstration laboratories. 

Sec. 1103. Special rule relating to certain overtime pay. 

Sec. 1104. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1105. Waiver of certain pay limitations. 

Sec. 1106. Services of post-combat case coordinators. 

Sec. 1107. Authority to waive maximum age limit for certain appointments. 

Sec. 1108. Sense of Congress regarding waiver of recovery of certain payments 

made under civilian employees voluntary separation incentive 

program. 

Sec. 1109. Suspension of DCIPS pay authority extended for a year. 

Sec. 1110. Federal Internship Programs. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

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

terrorism. 

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

Sec. 1203. Modification and extension of authorities relating to program to 

build the capacity of foreign military forces. 

Sec. 1204. Air Force scholarships for Partnership for Peace nations to participate in the Euro-NATO Joint Jet Pilot Training Program. 

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

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

Iraq. 

Sec. 1212. Commanders’ Emergency Response Program. 

Sec. 1213. Modification of authority for reimbursement to certain coalition nations for support provided to United States military operations. 

Sec. 1214. Modification of report on responsible redeployment of United States 

Armed Forces from Iraq. 

Sec. 1215. Modification of reports relating to Afghanistan. 

Sec. 1216. No permanent military bases in Afghanistan. 

Sec. 1217. Authority to use funds for reintegration activities in Afghanistan. 

Sec. 1218. One-year extension of Pakistan Counterinsurgency Fund. 

Sec. 1219. Authority to use funds to provide support to coalition forces supporting military and stability operations in Iraq and Afghanistan. 


smartinez on DSKB9S0YB1PROD with BILLS
17 

HR 5136 PCS1S 

Sec. 1220. Requirement to provide United States brigade and equivalent units 

deployed to Afghanistan with the commensurate level of unit 

and theater-wide combat enablers. 

Sec. 1221. Limitation on availability of funds for elections in Afghanistan. 

Sec. 1222. Recommendations on oversight of contractors engaged in activities 

relating to Afghanistan. 

Sec. 1223. Report on long-term costs of Operation Iraqi Freedom and Operation Enduring Freedom. 

Subtitle C—Other Matters 

Sec. 1231. NATO Special Operations Coordination Center. 

Sec. 1232. National Military Strategic Plan to Counter Iran. 

Sec. 1233. Report on Department of Defense’s plans to reform the export control system. 

Sec. 1234. Report on United States efforts to defend against threats posed by 

the advanced anti-access capabilities of potentially hostile foreign countries. 

Sec. 1235. Report on force structure changes in composition and capabilities at 

military installations in Europe. 

Sec. 1236. Sense of Congress on missile defense and New Start Treaty with 

Russian Federation. 

Sec. 1237. Report on the strategic implications of the successful negotiation of 

an incidents at sea agreement between the United States and 

the Government of Iran. 

Sec. 1238. Requirement to monitor and evaluate Department of Defense activities to counter violent extremism in Africa. 

Sec. 1239. Report on certain Iraqis affiliated with the United States. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

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

Sec. 1302. Funding allocations. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

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

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

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

Maintenance Revolving Fund. 

Sec. 1405. National Defense Sealift Fund. 

Sec. 1406. Chemical agents and munitions destruction, defense. 

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

Sec. 1408. Defense Inspector General. 

Sec. 1409. Defense Health Program. 

Subtitle B—National Defense Stockpile 

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

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

Subtitle C—Other Matters 


smartinez on DSKB9S0YB1PROD with BILLS
18 

HR 5136 PCS1S 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 

Home. 

Sec. 1422. Plan for funding fuel infrastructure sustainment, restoration, and 

modernization requirements. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Navy and Marine Corps procurement. 

Sec. 1505. Air Force procurement. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. Iron Dome short-range rocket defense program. 

Sec. 1508. National Guard and Reserve equipment. 

Sec. 1509. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1510. Research, development, test, and evaluation. 

Sec. 1511. Operation and maintenance. 

Sec. 1512. Limitations on availability of funds in Afghanistan Security Forces 

Fund. 

Sec. 1513. Limitations on Iraq Security Forces Fund. 

Sec. 1514. Military personnel. 

Sec. 1515. Working capital funds. 

Sec. 1516. Defense Health Program. 

Sec. 1517. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1518. Defense Inspector General. 

Sec. 1519. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. 

Sec. 1520. Availability of funds for rapid force protection in Afghanistan. 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Sec. 1523. Report on mine resistant ambush protected vehicles. 

TITLE XVI—IMPROVED SEXUAL ASSAULT PREVENTION AND 

RESPONSE IN THE ARMED FORCES 

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

response program and other definitions. 

Subtitle A—Immediate Actions to Improve Department of Defense Sexual 

Assault Prevention and Response Program 

Sec. 1611. Specific budgeting for Department of Defense sexual assault prevention and response program. 

Sec. 1612. Consistency in terminology, position descriptions, program standards, and organizational structures. 

Sec. 1613. Guidance for commanders. 

Sec. 1614. Commander consultation with victims of sexual assault. 

Sec. 1615. Oversight and evaluation. 

Sec. 1616. Sexual assault reporting hotline. 

Sec. 1617. Review of application of sexual assault prevention and response program to reserve components. 

Sec. 1618. Review of effectiveness of revised Uniform Code of Military Justice 

offenses regarding rape, sexual assault, and other sexual misconduct. 


smartinez on DSKB9S0YB1PROD with BILLS
19 

HR 5136 PCS1S 

Sec. 1619. Training and education programs for sexual assault prevention and 

response program. 

Sec. 1620. Use of sexual assault forensic medical examiners. 

Sec. 1621. Sexual Assault Advisory Board. 

Sec. 1622. Department of Defense Sexual Assault Advisory Council. 

Sec. 1623. Service-level sexual assault review boards. 

Sec. 1624. Renewed emphasis on acquisition of centralized Department of Defense sexual assault database. 

Subtitle B—Sexual Assault Prevention Strategy and Annual Reporting 

Requirement 

Sec. 1631. Comprehensive Department of Defense sexual assault prevention 

strategy. 

Sec. 1632. Annual report on sexual assaults involving members of the Armed 

Forces and sexual assault prevention and response program. 

Subtitle C—Amendments to Title 10 

Sec. 1641. Sexual Assault Prevention and Response Office. 

Sec. 1642. Sexual Assault Response Coordinators and Sexual Assault Victim 

Advocates. 

Sec. 1643. Sexual assault victims access to legal counsel and Victim Advocate 

services. 

Sec. 1644. Notification of command of outcome of court-martial involving 

charges of sexual assault. 

Sec. 1645. Copy of record of court-martial to victim of sexual assault involving 

a member of the Armed Forces. 

Sec. 1646. Medical care for victims of sexual assault. 

Sec. 1647. Privilege against disclosure of certain communications with Sexual 

Assault Victim Advocates. 

Sec. 1648. Expedited consideration and priority for application for consideration of a permanent change of station or unit transfer based 

on humanitarian conditions for victim of sexual assault. 

Subtitle D—Other Matters 

Sec. 1661. Recruiter selection and oversight. 

Sec. 1662. Availability of services under sexual assault prevention and response 

program for dependents of members, military retirees, Department of Defense civilian employees, and defense contractor employees. 

Sec. 1663. Application of sexual assault prevention and response program in 

training environments. 

Sec. 1664. Application of sexual assault prevention and response program in remote environments and joint basing situations. 

TITLE XVII—FEDERAL INFORMATION SECURITY 

Subtitle A—Federal Information Security Amendments 

Sec. 1701. Coordination of Federal Information Policy. 

Sec. 1702. Information security acquisition requirements. 

Sec. 1703. Technical and conforming amendments. 

Sec. 1704. Effective date. 

Subtitle B—Federal Chief Technology Officer 


smartinez on DSKB9S0YB1PROD with BILLS
20 

HR 5136 PCS1S 

Sec. 1711. Office of the Chief Technology Officer. 

TITLE XVIII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT 

Sec. 1801. Short title. 

Sec. 1802. Recognition of the suffering and loyalty of the residents of Guam. 

Sec. 1803. Payments for Guam World War II claims. 

Sec. 1804. Adjudication. 

Sec. 1805. Grants program to memorialize the occupation of Guam during 

World War II. 

Sec. 1806. Authorization of appropriations. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

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

by law. 

Sec. 2003. Effective date. 

Sec. 2004. General reduction across division. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects and authorization of appropriations. 

Sec. 2102. Family housing. 

Sec. 2103. Use of unobligated Army military construction funds in conjunction 

with funds provided by the Commonwealth of Virginia to carry 

out certain fiscal year 2002 project. 

Sec. 2104. Modification of authority to carry out certain fiscal year 2009 

project. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2010 

project. 

Sec. 2106. Extension of authorizations of certain fiscal year 2008 projects. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects and authorization of appropriations. 

Sec. 2202. Family housing. 

Sec. 2203. Technical amendment to reflect multi-increment fiscal year 2010 

project. 

Sec. 2204. Extension of authorization of certain fiscal year 2008 project. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

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

authorization of appropriations. 

Sec. 2302. Family housing. 

Sec. 2303. Extension of authorization of certain fiscal year 2007 project. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects and authorization of appropriations. 

Sec. 2402. Family housing. 

Sec. 2403. Energy conservation projects. 


smartinez on DSKB9S0YB1PROD with BILLS
21 

HR 5136 PCS1S 

Subtitle B—Chemical Demilitarization Authorizations 

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

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

project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

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

projects and authorization of appropriations. 

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

and authorization of appropriations. 

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

and land acquisition projects and authorization of appropriations. 

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

projects and authorization of appropriations. 

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

projects and authorization of appropriations. 

Sec. 2606. Extension of authorizations of certain fiscal year 2008 projects. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Subtitle A—Authorizations 

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

Account 1990. 

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

Department of Defense Base Closure Account 2005. 

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

Account 2005. 

Subtitle B—Other Matters 

Sec. 2711. Transportation plan for BRAC 133 project under Fort Belvoir, Virginia, BRAC initiative. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

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

Sec. 2802. Authority to transfer proceeds from sale of military family housing 

to Department of Defense Family Housing Improvement Fund. 

Sec. 2803. Enhanced authority for provision of excess contributions for NATO 

Security Investment program. 


smartinez on DSKB9S0YB1PROD with BILLS
22 

HR 5136 PCS1S 

Sec. 2804. Duration of authority to use Pentagon Reservation Maintenance Revolving Fund for construction and repairs at Pentagon Reservation. 

Sec. 2805. Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command area of responsibility. 

Sec. 2806. Veterans to Work pilot program for military construction projects. 

Subtitle B—Real Property and Facilities Administration 

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

Sec. 2812. Treatment of proceeds generated from leases of non-excess property 

involving military museums. 

Sec. 2813. Repeal of expired authority to lease land for special operations activities. 

Sec. 2814. Former Naval Bombardment Area, Culebra Island, Puerto Rico. 

Sec. 2815. Clarification of authority of Secretary to assist with development of 

public infrastructure in connection with the establishment or 

expansion of a military installation. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2821. Sense of Congress regarding importance of providing community adjustment assistance to Government of Guam. 

Sec. 2822. Department of Defense assistance for community adjustments related to realignment of military installations and relocation of 

military personnel on Guam. 

Sec. 2823. Extension of term of Deputy Secretary of Defense’s leadership of 

Guam Oversight Council. 

Sec. 2824. Utility conveyances to support integrated water and wastewater 

treatment system on Guam. 

Sec. 2825. Report on types of facilities required to support Guam realignment. 

Sec. 2826. Report on civilian infrastructure needs for Guam. 

Sec. 2827. Comptroller General report on planned replacement Naval Hospital 

on Guam. 

Subtitle D—Energy Security 

Sec. 2831. Consideration of environmentally sustainable practices in Department energy performance plan. 

Sec. 2832. Plan and implementation guidelines for achieving Department of 

Defense goal regarding use of renewable energy to meet facility 

energy needs. 

Sec. 2833. Insulation retrofitting assessment for Department of Defense facilities. 

Subtitle E—Land Conveyances 

Sec. 2841. Conveyance of personal property related to waste-to-energy power 

plant serving Eielson Air Force Base, Alaska. 

Sec. 2842. Land conveyance, Whittier Petroleum, Oil, and Lubricant Tank 

Farm, Whittier, Alaska. 

Sec. 2843. Land conveyance, Fort Knox, Kentucky. 

Sec. 2844. Land conveyance, Naval Support Activity (West Bank), New Orleans, Louisiana. 


smartinez on DSKB9S0YB1PROD with BILLS
23 

HR 5136 PCS1S 

Sec. 2845. Land conveyance, former Navy Extremely Low Frequency communications project site, Republic, Michigan. 

Sec. 2846. Land conveyance, Marine Forces Reserve Center, Wilmington, 

North Carolina. 

Subtitle F—Other Matters 

Sec. 2851. Requirements related to providing world class military medical facilities. 

Sec. 2852. Naming of Armed Forces Reserve Center, Middletown, Connecticut. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION 

Subtitle A—Fiscal Year 2010 Projects 

Sec. 2901. Authorized Army construction and land acquisition projects and authorization of appropriations. 

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

authorization of appropriations. 

Subtitle B—Fiscal Year 2011 Projects 

Sec. 2911. Authorized Army construction and land acquisition projects and authorization of appropriations. 

Sec. 2912. Authorized Air Force construction and land acquisition projects and 

authorization of appropriations. 

Sec. 2913. Authorized Defense Wide Construction and Land Acquisition 

Projects and Authorization of Appropriations. 

Sec. 2914. Construction authorization for Department of Defense facilities in 

a foreign country. 

Subtitle C—Other Matters 

Sec. 2921. Notification of obligation of funds and quarterly reports. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Extension of authority relating to the International Materials Protection, Control, and Accounting Program of the Department 

of Energy. 

Sec. 3112. Energy parks initiative. 

Sec. 3113. Establishment of technology transfer centers. 

Sec. 3114. Aircraft procurement. 


smartinez on DSKB9S0YB1PROD with BILLS
24 

HR 5136 PCS1S 

Sec. 3115. Enhancing private-sector employment through technology transfer 

activities. 

Subtitle C—Reports 

Sec. 3121. Comptroller General report on NNSA biennial complex modernization strategy. 

Sec. 3122. Report on graded security protection policy. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

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

merchant marine for fiscal year 2011. 

Sec. 3502. Extension of Maritime Security Fleet program. 

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

of the Northern Mariana Islands. 

Sec. 3504. Administrative expenses for Port of Guam Improvement Enterprise 

Program. 

Sec. 3505. Vessel loan guarantees: procedures for traditional and nontraditional 

applications. 

DIVISION D—IMPLEMENTING MANAGEMENT FOR PERFORMANCE 

AND RELATED REFORMS TO OBTAIN VALUE IN EVERY ACQUISITION ACT 

Sec. 100A. Short title. 

Sec. 100B. Definition of congressional defense committees. 

TITLE I—DEFENSE ACQUISITION SYSTEM 

Sec. 101. Performance management of the defense acquisition system. 

Sec. 102. Meaningful consideration by Joint Requirements Oversight Council of 

input from certain officials. 

Sec. 103. Performance management for the Joint Capabilities Integration and 

Development System. 

Sec. 104. Requirements for the acquisition of services. 

Sec. 105. Joint evaluation task forces. 

Sec. 106. Review of defense acquisition guidance. 

Sec. 107. Requirement to include references to services acquisition throughout 

the Federal Acquisition Regulation. 

Sec. 108. Procurement of military purpose nondevelopmental items. 

TITLE II—DEFENSE ACQUISITION WORKFORCE 

Sec. 201. Acquisition workforce excellence. 

Sec. 202. Amendments to the acquisition workforce demonstration project. 

Sec. 203. Incentive programs for civilian and military personnel in the acquisition workforce. 

Sec. 204. Career development for civilian and military personnel in the acquisition workforce. 


smartinez on DSKB9S0YB1PROD with BILLS
25 

HR 5136 PCS1S 

Sec. 205. Recertification and training requirements. 

Sec. 206. Information technology acquisition workforce. 

Sec. 207. Definition of acquisition workforce. 

Sec. 208. Defense Acquisition University curriculum review. 

Sec. 209. Cost estimating internship and scholarship programs. 

Sec. 210. Prohibition on personal services contracts for senior mentors. 

TITLE III—FINANCIAL MANAGEMENT 

Sec. 301. Incentives for achieving auditability. 

Sec. 302. Measures required after failure to achieve auditability. 

Sec. 303. Review of obligation and expenditure thresholds. 

Sec. 304. Disclosure and traceability of the cost of Department of Defense 

health care contracts. 

TITLE IV—INDUSTRIAL BASE 

Sec. 401. Expansion of the industrial base. 

Sec. 402. Commercial pricing analysis. 

Sec. 403. Contractor and grantee disclosure of delinquent Federal tax debts. 

Sec. 404. Independence of contract audits and business system reviews. 

Sec. 405. Blue ribbon panel on eliminating barriers to contracting with the Department of Defense. 

Sec. 406. Inclusion of the providers of services and information technology in 

the national technology and industrial base. 

Sec. 407. Construction of Act on competition requirements for the acquisition 

of services. 

Sec. 408. Acquisition Savings Program. 

Sec. 409. Sense of Congress regarding compliance with the Berry Amendment, 

the Buy American Act, and labor standards of the United 

States. 

Sec. 410. Industrial Base Council and Fund. 

TITLE V—OTHER MATTERS 

Sec. 501. Clothing allowance requirement. 

Sec. 502. Requirement that cost or price to the Federal Government be given 

at least equal importance as technical or other criteria in evaluating competitive proposals for defense contracts. 

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 SEC. 4. TREATMENT OF SUCCESSOR CONTINGENCY OPER6 ATION TO OPERATION IRAQI FREEDOM. 

7 Any law or regulation applicable to Operation Iraqi 

8 Freedom shall apply in the same manner and to the same 


smartinez on DSKB9S0YB1PROD with BILLS
26 

HR 5136 PCS1S 

1 extent to the successor contingency operation known as 

2 Operation New Dawn, except as specifically provided in 

3 this Act, any amendment made by this Act, or any other 

4 law enacted after the date of the enactment of this Act. 

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 TITLE I—PROCUREMENT 

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 101. ARMY. 

11 Funds are hereby authorized to be appropriated for 

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

13 (1) For aircraft, $5,986,361,000. 

14 (2) For missiles, $1,631,463,000. 

15 (3) For weapons and tracked combat vehicles, 

16 $1,616,245,000. 

17 (4) For ammunition, $1,946,948,000. 

18 (5) For other procurement, $9,398,728,000. 

19 SEC. 102. NAVY AND MARINE CORPS. 

20 (a) NAVY.—Funds are hereby authorized to be appro21 priated for fiscal year 2011 for procurement for the Navy 

22 as follows: 

23 (1) For aircraft, $19,132,613,000. 

24 (2) For weapons, including missiles and tor25 pedoes, $3,350,894,000. 


smartinez on DSKB9S0YB1PROD with BILLS
27 

HR 5136 PCS1S 

1 (3) For shipbuilding and conversion, 

2 $15,724,520,000. 

3 (4) For other procurement, $6,450,208,000. 

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 $1,379,044,000. 

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, $15,355,908,000. 

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

17 (3) For missiles, $5,470,772,000. 

18 (4) For other procurement, $17,911,730,000. 

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 $4,399,768,000. 


smartinez on DSKB9S0YB1PROD with BILLS
28 

HR 5136 PCS1S 

1 Subtitle B—Army Programs 

2 SEC. 111. PROCUREMENT OF EARLY INFANTRY BRIGADE 

3 COMBAT TEAM INCREMENT ONE EQUIPMENT. 

4 (a) LIMITATION ON PRODUCTION QUANTITIES.—Ex5 cept as provided in subsection (c), the Secretary of De6 fense may not procure more than two brigade sets of early7 infantry brigade combat team increment one equipment 

8 (in this section referred to as a ‘‘brigade set’’). 

9 (b) APPLICABILITY TO LONG-LEAD PRODUCTION

10 ITEMS.—The limitation in subsection (a) includes procure11 ment of a long-lead item for an element of a brigade set 

12 beyond the two brigade sets authorized under such sub13 section. 

14 (c) WAIVER.—The Under Secretary of Defense for 

15 Acquisition, Technology, and Logistics may waive the limi16 tation in subsection (a) if— 

17 (1) the Under Secretary submits to Congress 

18 written certification that— 

19 (A) the initial operational test and evalua20 tion of the brigade set has been completed; 

21 (B) the Director of Operational Test and 

22 Evaluation has submitted to Congress a report 

23 describing the results of the initial operational 

24 test and evaluation (as described in section 


smartinez on DSKB9S0YB1PROD with BILLS
29 

HR 5136 PCS1S 

1 2399(b) of title 10, United States Code) and 

2 the comparative test of the brigade set; 

3 (C) all of the subsystems tested in the ini4 tial operational test and evaluation were tested 

5 in the intended production configuration; and 

6 (D) all radios planned for fielding with the 

7 brigade set have received the appropriate Na8 tional Security Agency approvals, as determined 

9 by the Under Secretary; and 

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

11 date on which the certification under paragraph (1) 

12 is received. 

13 (d) EXCEPTION FOR MEETING OPERATIONAL NEED

14 STATEMENT REQUIREMENTS.—The limitation in sub15 section (a) does not apply to the procurement of individual 

16 components of the brigade set if the procurement of such 

17 components is specifically intended to address an oper18 ational need statement requirement (as described in Army 

19 Regulation 71–9 or a successor regulation). 

20 SEC. 112. REPORT ON ARMY BATTLEFIELD NETWORK 

21 PLANS AND PROGRAMS. 

22 (a) REPORT REQUIRED.—Not later than March 1, 

23 2011, the Secretary of the Army shall submit to the con24 gressional defense committees a report on plans for fieldVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
30 

HR 5136 PCS1S 

1 ing tactical communications network equipment. Such re2 port shall include— 

3 (1) an explanation of the current communica4 tions architecture of every level of the Army; 

5 (2) an explanation of the future communica6 tions architecture of every level of the Army; 

7 (3) the quantities and types of new equipment 

8 that the Secretary plans to procure in the 5-year pe9 riod following the date on which the report is sub10 mitted in order to develop the architecture described 

11 in paragraph (2); 

12 (4) a list of the equipment described in para13 graph (3) that is included in the budget of the Presi14 dent for fiscal year 2012 (as submitted to Congress 

15 pursuant to section 1105 of title 31, United States 

16 Code); and 

17 (5) for each item included in the list of equip18 ment described in paragraph (3)— 

19 (A) an updated average procurement unit 

20 cost for each year of the covered 5-year period; 

21 and 

22 (B) the updated total Army acquisition ob23 jective. 

24 (b) LIMITATION ON OBLIGATION OF FUNDS.—Ex25 cept as provided in subsection (c), of the funds authorized 


smartinez on DSKB9S0YB1PROD with BILLS
31 

HR 5136 PCS1S 

1 to be appropriated by this or any other Act for fiscal year 

2 2011 for procurement, Army, for tactical radios or tactical 

3 communications network equipment, not more than 50 

4 percent may be obligated or expended until the date that 

5 is 15 days after the date on which the report is submitted 

6 under subsection (a). 

7 (c) EXCEPTION FOR MEETING OPERATIONAL NEED

8 STATEMENT REQUIREMENTS.—The limitation in sub9 section (b) does not apply to the procurement of tactical 

10 radio or tactical communications network equipment if the 

11 procurement of such equipment is specifically intended to 

12 address an operational need statement requirement (as de13 scribed in Army Regulation 71–9 or a successor regula14 tion). 

15 (d) TACTICAL COMMUNICATIONS NETWORK EQUIP16 MENT DEFINED.—In this section, the term ‘‘tactical com17 munications network equipment’’ means all electronic 

18 communications systems operated by a tactical unit (of 

19 brigade size or smaller) of the Army. 

20 SEC. 113. LIMITATION ON USE OF FUNDS FOR LINE-HAUL 

21 TRACTORS. 

22 (a) LIMITATION.—None of the funds authorized to 

23 be appropriated by section 101(5) for other procurement, 

24 Army, may be obligated or expended by the Secretary of 


smartinez on DSKB9S0YB1PROD with BILLS
32 

HR 5136 PCS1S 

1 the Army for line-haul tractors unless the source selection 

2 is made based on a full and open competition. 

3 (b) WAIVER.—The Secretary of the Army may waive 

4 the limitation under subsection (a) if the Secretary cer5 tifies to the congressional defense committees by not later 

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

7 that a sole source selection— 

8 (1) is needed to fulfill mission requirements; or 

9 (2) is more cost effective than a full and open 

10 competition. 

11 Subtitle C—Navy Programs 

12 SEC. 121. INCREMENTAL FUNDING FOR PROCUREMENT OF 

13 LARGE NAVAL VESSELS. 

14 (a) INCREMENTAL FUNDING OF LARGE NAVAL VES15 SELS.—Except as provided in subsection (b), the Sec16 retary of the Navy may use incremental funding for the 

17 procurement of a large naval vessel over a period not to 

18 exceed the number of years equal to three-fourths of the 

19 total period of planned ship construction of such vessel. 

20 (b) LPD 26.—With respect to the vessel designated 

21 LPD 26, the Secretary may use incremental funding for 

22 the procurement of such vessel through fiscal year 2012 

23 if the Secretary determines that such incremental fund24 ing— 


smartinez on DSKB9S0YB1PROD with BILLS
33 

HR 5136 PCS1S 

1 (1) is in the best interest of the overall ship2 building efforts of the Navy; 

3 (2) is needed to provide the Secretary with the 

4 ability to facilitate changes to the shipbuilding in5 dustrial base of the Navy; and 

6 (3) will provide the Secretary with the ability to 

7 award a contract for construction of the vessel that 

8 provides the best value to the United States. 

9 (c) CONDITION FOR OUT-YEAR CONTRACT PAY10 MENTS.—A contract entered into under subsection (a) or 

11 (b) shall provide that any obligation of the United States 

12 to make a payment under the contract for a fiscal year 

13 after the fiscal year the vessel was authorized is subject 

14 to the availability of appropriations for that purpose for 

15 that later fiscal year. 

16 (d) DEFINITIONS.—In this section: 

17 (1) The term ‘‘large naval vessel’’ means a ves18 sel— 

19 (A) that is— 

20 (i) an aircraft carrier designated a 

21 CVN; 

22 (ii) an amphibious assault ship des23 ignated LPD, LHA, LHD, or LSD; or 

24 (iii) an auxiliary vessel; and 


smartinez on DSKB9S0YB1PROD with BILLS
34 

HR 5136 PCS1S 

1 (B) that has a light ship displacement of 

2 17,000 tons or more. 

3 (2) The term ‘‘total period of planned ship con4 struction’’ means the period of years beginning on 

5 the date of the first authorization of funding (not in6 cluding funding requested for advance procurement) 

7 and ending on the date that is projected on the date 

8 of the first authorization of funding to be the deliv9 ery date of the vessel to the Navy. 

10 SEC. 122. MULTIYEAR PROCUREMENT OF F/A–18E, F/A–18F, 

11 AND EA–18G AIRCRAFT. 

12 (a) MULTIYEAR PROCUREMENT.— 

13 (1) ADDITIONAL AUTHORITY.—Section 128 of 

14 the National Defense Authorization Act for Fiscal 

15 Year 2010 (Public Law 111–84; 123 Stat. 2217) is 

16 amended by adding at the end the following new 

17 subsections: 

18 ‘‘(e) UPDATED REPORT.—With respect to a 

19 multiyear contract entered into under subsection (a), the 

20 Secretary of Defense may submit to the congressional de21 fense committees an update to the report under section 

22 2306b(l)(4) of title 10, United States Code, by not later 

23 than September 1, 2010. 

24 ‘‘(f) REQUIRED AUTHORITY.—Notwithstanding any 

25 other provision of law, with respect to a multiyear contract 


smartinez on DSKB9S0YB1PROD with BILLS
35 

HR 5136 PCS1S 

1 entered into under subsection (a), this section shall be 

2 deemed to meet the requirements under subsection (i)(3) 

3 and (l)(3) of section 2306b of title 10, United States Code. 

4 ‘‘(g) EXCEPTION TO CERTAIN REQUIREMENT.—Sec5 tion 8008(b) of the Department of Defense Appropriations 

6 Act, 1998 (Public Law 105–56; 10 U.S.C. 2306b note) 

7 shall not apply to a multiyear contract entered into under 

8 subsection (a). 

9 ‘‘(h) USE OF FUNDS.— 

10 ‘‘(1) PROCUREMENT.—In accordance with para11 graph (2), the Secretary of Defense shall ensure that 

12 all funds authorized to be appropriated for the ad13 vance procurement or procurement of F/A–18E, F/ 

14 A–18F, or EA–18G aircraft under this section are 

15 obligated or expended for such purpose. 

16 ‘‘(2) USE OF EXCESS FUNDS.—The Secretary 

17 of Defense shall ensure that any excess funds are 

18 obligated or expended for the advance procurement 

19 or procurement of F/A–18E or F/A–18F aircraft 

20 under this section, regardless of whether such air21 craft are in addition to the 515 F/A–18E and F/A– 

22 18F aircraft planned by the Secretary of the Navy. 

23 ‘‘(3) EXCESS FUNDS DEFINED.—In this sub24 section, the term ‘excess funds’, with respect to 

25 funds available for the advance procurement or proVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
36 

HR 5136 PCS1S 

1 curement of F/A–18E, F/A–18F, or EA–18G air2 craft under this section, means the amount of funds 

3 that is equal to the difference of— 

4 ‘‘(A) the sum of— 

5 ‘‘(i) the funds authorized to be appro6 priated by this Act or otherwise available 

7 for fiscal year 2010 for the advance pro8 curement and procurement of F/A–18E, F/ 

9 A–18F, or EA–18G aircraft; and 

10 ‘‘(ii) the funding levels for the ad11 vance procurement and procurement of 

12 such aircraft for fiscal years 2011 through 

13 2013 proposed by the Secretary of Defense 

14 in the future-years defense program for 

15 fiscal year 2011 submitted under section 

16 221 of title 10, United States Code; and 

17 ‘‘(B) the funds required to execute the 

18 multiyear contracts for the advance procure19 ment and procurement of such aircraft under 

20 this section.’’. 

21 (2) EXTENSION OF CERTIFICATION.—Para22 graph (2) of subsection (a) of such section is amend23 ed by striking ‘‘a reference to March’’ and inserting 

24 ‘‘a reference to September’’. 


smartinez on DSKB9S0YB1PROD with BILLS
37 

HR 5136 PCS1S 

1 (b) FULL FUNDING CERTIFICATION.—Paragraph (1) 

2 of section 8011 of the Department of Defense Appropria3 tions Act, 2010 (Public Law 111–118; 10 U.S.C. 2306b 

4 note) is amended by inserting after ‘‘within 30 days of 

5 enactment of this Act’’ the following: ‘‘(or in the case of 

6 a multiyear contract for the procurement of F/A–18E, F/ 

7 A–18F, or EA–18G aircraft, by the date that is not less 

8 than 30 days prior to the contract award)’’. 

9 SEC. 123. REPORT ON NAVAL FORCE STRUCTURE AND MIS10 SILE DEFENSE. 

11 (a) REPORT.—Not later than March 1, 2011, the 

12 Secretary of the Navy, in coordination with the Chief of 

13 Naval Operations, shall submit to the congressional de14 fense committees a report on the requirements of the 

15 major combatant surface vessels with respect to missile 

16 defense. 

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

18 the following: 

19 (1) An analysis of whether the requirement for 

20 sea-based missile defense can be accommodated by 

21 upgrading Aegis ships that exist as of the date of 

22 the report or by procuring additional combatant sur23 face vessels. 

24 (2) Whether such sea-based missile defense will 

25 require increasing the overall number of combatant 


smartinez on DSKB9S0YB1PROD with BILLS
38 

HR 5136 PCS1S 

1 surface vessels beyond the requirement of 88 cruis2 ers and destroyers in the 313-ship fleet plan of the 

3 Navy. 

4 (3) The number of Aegis ships needed by each 

5 combatant commander to fulfill ballistic missile de6 fense requirements, including (in consultation with 

7 the Chairman of the Joints Chiefs of Staff) the 

8 number of such ships needed to support the phased, 

9 adaptive approach to ballistic missile defense in Eu10 rope. 

11 (4) A discussion of the potential effect of bal12 listic missile defense operations on the ability of the 

13 Navy to meet surface fleet demands in each geo14 graphic area and for each mission set. 

15 (5) An evaluation of how the Aegis ballistic 

16 missile defense program can succeed as part of a 

17 balanced fleet of adequate size and strength to meet 

18 the security needs of the United States. 

19 (6) A description of both the shortfalls and the 

20 benefits of expected technological advancements in 

21 the sea-based missile defense program. 

22 (7) A description of the anticipated plan for de23 ployment of Aegis ballistic missile ships within the 

24 context of the fleet response plan. 


smartinez on DSKB9S0YB1PROD with BILLS
39 

HR 5136 PCS1S 

1 Subtitle D—Air Force Programs 

2 SEC. 131. PRESERVATION AND STORAGE OF UNIQUE TOOL3 ING FOR F–22 FIGHTER AIRCRAFT. 

4 Subsection (b) of section 133 of the National Defense 

5 Authorization Act for Fiscal Year 2010 (Public Law 111– 

6 84; 123 Stat.2219) is amended by striking ‘‘2010’’ and 

7 inserting ‘‘2011’’. 

8 Subtitle E—Joint and Multiservice 

9 Matters 

10 SEC. 141. LIMITATION ON PROCUREMENT OF F–35 LIGHT11 NING II AIRCRAFT. 

12 (a) LIMITATION.—Except as provided in subsection 

13 (c), of the amounts authorized to be appropriated by this 

14 Act or otherwise made available for fiscal year 2011 for 

15 aircraft procurement, Air Force, and aircraft procure16 ment, Navy, for F–35 Lightning II aircraft, not more than 

17 an amount necessary for the procurement of 30 such air18 craft may be obligated or expended unless— 

19 (1) the certifications under subsection (b) are 

20 received by the congressional defense committees on 

21 or before January 15, 2011; and 

22 (2) a period of 15 days has elapsed after the 

23 date of such receipt. 

24 (b) CERTIFICATIONS.—Not later than January 15, 

25 2011— 


smartinez on DSKB9S0YB1PROD with BILLS
40 

HR 5136 PCS1S 

1 (1) the Under Secretary of Defense for Acquisi2 tion, Technology, and Logistics shall certify in writ3 ing to the congressional defense committees that— 

4 (A) each of the 11 scheduled system devel5 opment and demonstration aircraft planned in 

6 the schedule for delivery during 2010 has been 

7 delivered to the designated test location; 

8 (B) the initial service release has been 

9 granted for the F135 engine designated for the 

10 short take-off and vertical landing variant; 

11 (C) facility configuration and industrial 

12 tooling capability and capacity is sufficient to 

13 support production of at least 42 F–35 aircraft 

14 for fiscal year 2011; 

15 (D) block 1.0 software has been released 

16 and is in flight test; 

17 (E) the Secretary of Defense has— 

18 (i) determined that two F–35 aircraft 

19 from low-rate initial production 1 have met 

20 established criteria for acceptance; and 

21 (ii) accepted such aircraft for delivery; 

22 and 

23 (F) advance procurement funds appro24 priated for the advance procurement of F136 

25 engines for fiscal years 2009 and 2010 have eiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
41 

HR 5136 PCS1S 

1 ther been obligated or the Secretary of Defense 

2 has submitted a reprogramming action to the 

3 congressional defense committees that would re4 program such funds to meet other F136 devel5 opment requirements; and 

6 (2) the Director of Operational Test and Eval7 uation shall certify in writing to the congressional 

8 defense committees that— 

9 (A) the F–35C aircraft designated as CF– 

10 1 has effectively accomplished its first flight; 

11 (B) the 394 F–35 aircraft test flights 

12 planned in the schedule to occur during 2010 

13 have been completed with sufficient results; 

14 (C) 95 percent of the 3,772 flight test 

15 points planned for completion in 2010 were ac16 complished; 

17 (D) the conventional take-off and land var18 iant low observable signature flight test has 

19 been conducted and the results of such test 

20 have met or exceeded threshold key perform21 ance parameters; 

22 (E) six F136 engines have been made 

23 available for testing; and 


smartinez on DSKB9S0YB1PROD with BILLS
42 

HR 5136 PCS1S 

1 (F) not less than 1,000 test hours have 

2 been completed in the F136 system develop3 ment and demonstration program. 

4 (c) WAIVER.—After January 15, 2011, the Secretary 

5 of Defense may waive the limitation in subsection (a) if 

6 each of the following occurs: 

7 (1) The written certification described in sub8 section (b)(1) is submitted by the Under Secretary 

9 of Defense for Acquisition, Technology, and Logis10 tics not later than January 15, 2011. 

11 (2) The Under Secretary of Defense for Acqui12 sition, Technology, and Logistics certifies in writing 

13 to the congressional defense committees that the 

14 failure to fully achieve the milestones described in 

15 subsection (b)(2) will not— 

16 (A) delay or otherwise negatively affect the 

17 F–35 aircraft test schedule for fiscal year 2011; 

18 (B) impede production of 42 F–35 aircraft 

19 in such fiscal year; and 

20 (C) otherwise increase risk to the F–35 

21 aircraft program. 

22 (3) A period of 30 days has elapsed after the 

23 date on which the certification under paragraph (2) 

24 is submitted to the congressional defense commit25 tees. 


smartinez on DSKB9S0YB1PROD with BILLS
43 

HR 5136 PCS1S 

1 (d) SCHEDULE DEFINED.—In this section, the term 

2 ‘‘schedule’’ means the F–35 Lightning II program update 

3 schedule received by the congressional defense committees 

4 on March 15, 2010. 

5 SEC. 142. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS. 

6 (a) GENERAL LIMITATION.—Of the funds authorized 

7 to be appropriated by this Act or otherwise made available 

8 for fiscal year 2011 for biometrics programs and oper9 ations, not more than 85 percent may be obligated or ex10 pended until— 

11 (1) the Secretary of Defense submits to the 

12 congressional defense committees a report on the ac13 tions taken— 

14 (A) to implement subparagraphs (A) 

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

16 Security Presidential Directive dated June 5, 

17 2008 (NSPD–59); 

18 (B) to implement the recommendations of 

19 the Comptroller General of the United States 

20 included in the report of the Comptroller Gen21 eral numbered GAO–08–1065 dated September 

22 2008; 

23 (C) to implement the recommendations of 

24 the Comptroller General included in the report 


smartinez on DSKB9S0YB1PROD with BILLS
44 

HR 5136 PCS1S 

1 of the Comptroller General numbered GAO–09– 

2 49 dated October 2008; 

3 (D) to fully and completely characterize 

4 the current biometrics architecture and estab5 lish the objective architecture for the Depart6 ment of Defense; 

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

8 of the Secretary of Defense has the authority 

9 necessary to be responsible for ensuring that all 

10 funding for biometrics programs and operations 

11 is programmed, budgeted, and executed; and 

12 (F) to ensure that an officer within the Of13 fice of the Joint Chiefs of Staff has the author14 ity necessary to be responsible for ensuring the 

15 development and implementation of common 

16 and interoperable standards for the collection, 

17 storage, and use of biometrics data by all com18 batant commanders and their commands; and 

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

20 date on which the report is submitted under para21 graph (1). 

22 (b) SPECIFIC LIMITATION.—None of the funds au23 thorized to be appropriated by this Act or otherwise made 

24 available for fiscal year 2011 for biometrics programs and 

25 operations may be obligated or expended unless the Under 


smartinez on DSKB9S0YB1PROD with BILLS
45 

HR 5136 PCS1S 

1 Secretary of Defense for Acquisition, Technology, and Lo2 gistics (acting through the Director of Defense Bio3 metrics) approves such obligation or expenditure in writ4 ing. 

5 SEC. 143. COUNTER-IMPROVISED EXPLOSIVE DEVICE INI6 TIATIVES DATABASE. 

7 (a) COMPREHENSIVE DATABASE.— 

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

9 acting through the Director of the Joint Improvised 

10 Explosive Device Defeat Organization, shall develop 

11 and maintain a comprehensive database containing 

12 appropriate information for coordinating, tracking, 

13 and archiving each counter-improvised explosive de14 vice initiative within the Department of Defense. 

15 The database shall, at a minimum, ensure the visi16 bility of each counter-improvised explosive device ini17 tiative. 

18 (2) USE OF INFORMATION.—Using information 

19 contained in the database developed under para20 graph (1), the Secretary, acting through the Direc21 tor of the Joint Improvised Explosive Device Defeat 

22 Organization, shall— 

23 (A) identify and eliminate redundant 

24 counter-improvised explosive device initiatives; 


smartinez on DSKB9S0YB1PROD with BILLS
46 

HR 5136 PCS1S 

1 (B) facilitate the transition of counter-im2 provised explosive device initiatives from fund3 ing under the Joint Improvised Explosive De4 vice Defeat Fund to funding provided by the 

5 military departments; and 

6 (C) notify the appropriate personnel and 

7 organizations prior to a counter-improvised ex8 plosive device initiative being funded through 

9 the Joint Improvised Explosive Device Defeat 

10 Fund. 

11 (3) COORDINATION.—In carrying out para12 graph (1), the Secretary shall ensure that the Sec13 retary of each military department coordinates and 

14 collaborates on development of the database to en15 sure its interoperability, completeness, consistency, 

16 and effectiveness. 

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

18 through the Director of the Joint Improvised Explosive 

19 Device Defeat Organization, shall— 

20 (1) develop appropriate means to measure the 

21 effectiveness of counter-improvised explosive device 

22 initiatives; and 

23 (2) prioritize the funding of such initiatives ac24 cording to such means. 


smartinez on DSKB9S0YB1PROD with BILLS
47 

HR 5136 PCS1S 

1 (c) ELIMINATION OF PRIOR NOTICE REQUIRE2 MENT.—Subsection (c) of section 1514 of the John War3 ner National Defense Authorization Act for Fiscal Year 

4 2007 (Public Law 109–364; 120 Stat. 2439), as amended 

5 by the Duncan Hunter National Defense Authorization 

6 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

7 4649), is further amended— 

8 (1) by striking paragraph (4); and 

9 (2) by redesignating paragraph (5) as para10 graph (4). 

11 (d) COUNTER-IMPROVISED EXPLOSIVE DEVICE INI12 TIATIVE DEFINED.—In this section, the term ‘‘counter13 improvised explosive device initiative’’ means any project, 

14 program, or research activity funded by any component 

15 of the Department of Defense that is intended to assist 

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

17 of improvised explosive devices. 

18 SEC. 144. STUDY ON LIGHTWEIGHT BODY ARMOR SOLU19 TIONS. 

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

21 shall enter into a contract with a federally funded research 

22 and development center to conduct a study to— 

23 (1) assess the effectiveness of the processes 

24 used by the Secretary to identify and examine the 


smartinez on DSKB9S0YB1PROD with BILLS
48 

HR 5136 PCS1S 

1 requirements for lighter weight body armor systems; 

2 and 

3 (2) determine ways in which the Secretary may 

4 more effectively address the research, development, 

5 and procurement requirements regarding reducing 

6 the weight of body armor. 

7 (b) MATTERS COVERED.—The study conducted 

8 under subsection (a) shall include findings and rec9 ommendations regarding the following: 

10 (1) The requirement for lighter weight body 

11 armor and personal protective equipment and the 

12 ability of the Secretary to meet such requirement. 

13 (2) Innovative design ideas for more modular 

14 body armor that allow for scalable protection levels 

15 for various missions and threats. 

16 (3) The need for research, development, and ac17 quisition funding dedicated specifically for reducing 

18 the weight of body armor. 

19 (4) The efficiency and effectiveness of current 

20 body armor funding procedures and processes. 

21 (5) Industry concerns, capabilities, and willing22 ness to invest in the development and production of 

23 lightweight body armor initiatives. 

24 (6) Barriers preventing the development of 

25 lighter weight body armor (including such barriers 


smartinez on DSKB9S0YB1PROD with BILLS
49 

HR 5136 PCS1S 

1 with respect to technical, institutional, or financial 

2 problems). 

3 (7) Changes to procedures or policy with re4 spect to lightweight body armor. 

5 (8) Other areas of concern not previously ad6 dressed by equipping boards, body armor producers, 

7 or program managers. 

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

9 days after the date of the enactment of this Act, the Sec10 retary shall submit to the congressional defense commit11 tees a report on the study conducted under subsection (a). 

12 TITLE II—RESEARCH, DEVELOP13 MENT, TEST, AND EVALUA14 TION 

15 Subtitle A—Authorization of 

16 Appropriations 

17 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

18 Funds are hereby authorized to be appropriated for 

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

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

21 (1) For the Army, $10,316,754,000. 

22 (2) For the Navy, $17,978,646,000. 

23 (3) For the Air Force, $27,269,902,000. 

24 (4) For Defense-wide activities, 

25 $20,908,006,000, of which $194,910,000 is authorVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
50 

HR 5136 PCS1S 

1 ized for the Director of Operational Test and Eval2 uation. 

3 Subtitle B—Program Require4 ments, Restrictions, and Limita5 tions 

6 SEC. 211. REPORT REQUIREMENTS FOR REPLACEMENT 

7 PROGRAM OF THE OHIO-CLASS BALLISTIC 

8 MISSILE SUBMARINE. 

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

11 (1) The sea-based strategic deterrence provided 

12 by the ballistic missile submarine force of the Navy 

13 has been essential to the national security of the 

14 United States since the deployment of the first bal15 listic missile submarine, the USS George Wash16 ington SSBN 598, in 1960. 

17 (2) Since 1960, a total of 59 submarines have 

18 served the United States to provide the sea-based 

19 strategic deterrence. 

20 (3) As of the date of the enactment of this Act, 

21 the sea-based strategic deterrence is provided by the 

22 tremendous capability of the 14 ships of the Ohio23 class submarine force, which have been the primary 

24 sea-based deterrent force for more than two decades. 


smartinez on DSKB9S0YB1PROD with BILLS
51 

HR 5136 PCS1S 

1 (4) Ballistic missile submarines are the most 

2 survivable asset in the arsenal of the United States 

3 in the event of a surprise nuclear attack on the 

4 country because, being submerged for months at a 

5 time, these submarines are virtually undetectable to 

6 any adversary and therefore invulnerable to attack, 

7 thus providing the submarines with the ability to re8 spond with significant force against any adversary 

9 who attacks the United States or its allies. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) as Ohio-class submarines reach the end of 

13 their service life and are retired, the United States 

14 must maintain the robust sea-based strategic deter15 rent force that has the ability to remain undetected 

16 by potential adversaries and must have the capa17 bility to deliver a retaliatory strike of such mag18 nitude that no rational actor would dare attack the 

19 United States; 

20 (2) the Secretary of Defense should conduct a 

21 comprehensive analysis of the alternative capabilities 

22 to provide the sea-based strategic deterrence that in23 cludes consideration of different types and sizes of 

24 submarines, different types and sizes of missile sys25 tems, the number of submarines necessary to proVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
52 

HR 5136 PCS1S 

1 vide such deterrence, and the cost of each alter2 native; and 

3 (3) prior to requesting more than 

4 $1,000,000,000 in research and development fund5 ing to develop a replacement for the Ohio-class bal6 listic missile submarine force in advance of a Mile7 stone A decision, the Secretary of Defense should 

8 have made available to Congress the guidance issued 

9 by the Director of Cost Assessment and Perform10 ance Evaluation with respect to the analysis of alter11 native capabilities and the results of such analysis. 

12 (c) LIMITATION.— 

13 (1) REPORT.—Of the funds authorized to be 

14 appropriated by this Act or otherwise made available 

15 for fiscal year 2011 for research and development 

16 for the Navy, not more than 50 percent may be obli17 gated or expended to research or develop a sub18 marine as a replacement for the Ohio-class ballistic 

19 missile submarine force unless— 

20 (A) the Secretary of Defense submits to 

21 the congressional defense committees a report 

22 including— 

23 (i) guidance issued by the Director of 

24 Cost Assessment and Performance Evalua25 tion with respect to the analysis of alterVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
53 

HR 5136 PCS1S 

1 native capabilities to provide the sea-based 

2 strategic deterrence currently provided by 

3 the Ohio-class ballistic missile submarine 

4 force and any other guidance relating to 

5 requirements for such alternatives intended 

6 to affect the analysis; 

7 (ii) an analysis of the alternative ca8 pabilities considered by the Secretary to 

9 continue the sea-based strategic deterrence 

10 currently provided by the Ohio-class bal11 listic missile submarine force, including— 

12 (I) the cost estimates for each al13 ternative capability; 

14 (II) the operational challenges 

15 and benefits associated with each al16 ternative capability; and 

17 (III) the time needed to develop 

18 and deploy each alternative capability; 

19 and 

20 (iii) detailed reasoning associated with 

21 the decision to replace the capability of 

22 sea-based deterrence provided by the Ohio23 class ballistic missile submarine force with 

24 an alternative capability designed to carry 

25 the Trident II D5 missile; and 


smartinez on DSKB9S0YB1PROD with BILLS
54 

HR 5136 PCS1S 

1 (B) a period of 30 days has elapsed after 

2 the date on which the report under subpara3 graph (A) is submitted. 

4 (2) FORM.—The report required by paragraph 

5 (1) shall be submitted in unclassified form, but may 

6 include a classified annex. 

7 SEC. 212. LIMITATION ON OBLIGATION OF FUNDS FOR F–35 

8 LIGHTNING II AIRCRAFT PROGRAM. 

9 Of the amounts authorized to be appropriated by this 

10 Act or otherwise made available for fiscal year 2011 for 

11 research, development, test, and evaluation for the F–35 

12 Lightning II aircraft program, not more than 75 percent 

13 may be obligated until the date that is 15 days after the 

14 date on which the Under Secretary of Defense for Acquisi15 tion, Technology, and Logistics submits to the congres16 sional defense committees certification in writing that all 

17 funds made available for fiscal year 2011 for the contin18 ued development and procurement of a competitive propul19 sion system for the F–35 Lightning II aircraft have been 

20 obligated. 


smartinez on DSKB9S0YB1PROD with BILLS
55 

HR 5136 PCS1S 

1 SEC. 213. INCLUSION IN ANNUAL BUDGET REQUEST AND 

2 FUTURE-YEARS DEFENSE PROGRAM OF SUF3 FICIENT AMOUNTS FOR CONTINUED DEVEL4 OPMENT AND PROCUREMENT OF COMPETI5 TIVE PROPULSION SYSTEM FOR F–35 LIGHT6 NING II AIRCRAFT. 

7 (a) ANNUAL BUDGET.—Chapter 9 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 236. Budgeting for competitive propulsion system 

11 for F–35 Lightning II aircraft 

12 ‘‘(a) ANNUAL BUDGET.—Effective for the budget for 

13 fiscal year 2012 and each fiscal year thereafter, the Sec14 retary of Defense shall include in the defense budget mate15 rials a request for such amounts as are necessary for the 

16 full funding of the continued development and procure17 ment of a competitive propulsion system for the F–35 

18 Lightning II aircraft. 

19 ‘‘(b) FUTURE-YEARS DEFENSE PROGRAM.—In each 

20 future-years defense program submitted to Congress 

21 under section 221 of this title, the Secretary of Defense 

22 shall ensure that the estimated expenditures and proposed 

23 appropriations for the F–35 Lightning II aircraft, for each 

24 fiscal year of the period covered by that program, include 

25 sufficient amounts for the full funding of the continued 


smartinez on DSKB9S0YB1PROD with BILLS
56 

HR 5136 PCS1S 

1 development and procurement of a competitive propulsion 

2 system for the F–35 Lightning II aircraft. 

3 ‘‘(c) REQUIREMENT TO OBLIGATE AND EXPEND

4 FUNDS.—Of the amounts authorized to be appropriated 

5 for fiscal year 2011 or any fiscal year thereafter, for re6 search, development, test, and evaluation and procurement 

7 for the F–35 Lightning II aircraft program, the Secretary 

8 of Defense shall ensure the obligation and expenditure in 

9 each such fiscal year of sufficient annual amounts for the 

10 continued development and procurement of two options for 

11 the propulsion system for the F–35 Lightning II aircraft 

12 in order to ensure the development and competitive pro13 duction for the propulsion system for such aircraft. 

14 ‘‘(d) DEFINITIONS.—In this section: 

15 ‘‘(1) The term ‘budget’, with respect to a fiscal 

16 year, means the budget for that fiscal year that is 

17 submitted to Congress by the President under sec18 tion 1105(a) of title 31. 

19 ‘‘(2) The term ‘defense budget materials’, with 

20 respect to a fiscal year, means the materials sub21 mitted to Congress by the Secretary of Defense in 

22 support of the budget for that fiscal year.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of such chapter is amended by at the 

25 end the following new item: 


smartinez on DSKB9S0YB1PROD with BILLS
57 

HR 5136 PCS1S 

‘‘236. Budgeting for competitive propulsion system for F–35 Lightning II aircraft.’’. 

1 (c) CONFORMING REPEAL.—Section 213 of the Na2 tional Defense Authorization Act for Fiscal Year 2008 

3 (Public Law 110–181) is repealed. 

4 SEC. 214. SEPARATE PROGRAM ELEMENTS REQUIRED FOR 

5 RESEARCH AND DEVELOPMENT OF JOINT 

6 LIGHT TACTICAL VEHICLE. 

7 In the budget materials submitted to the President 

8 by the Secretary of Defense in connection with the submis9 sion to Congress, pursuant to section 1105 of title 31, 

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

11 and each subsequent fiscal year, the Secretary shall ensure 

12 that within each research, development, test, and evalua13 tion account of the Army and the Navy a separate, dedi14 cated program element is assigned to the Joint Light Tac15 tical Vehicle. 

16 Subtitle C—Missile Defense 

17 Programs 

18 SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR 

19 MISSILE DEFENSES IN EUROPE. 

20 (a) LIMITATION ON CONSTRUCTION AND DEPLOY21 MENT OF SYSTEMS.—No funds authorized to be appro22 priated by this Act or otherwise made available for the 

23 Department of Defense for fiscal year 2011 or any fiscal 

24 year thereafter may be obligated or expended for site actiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
58 

HR 5136 PCS1S 

1 vation, construction, preparation of equipment for, or de2 ployment of a medium-range or long-range missile defense 

3 system in Europe until— 

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

5 signed and ratified a missile defense basing agree6 ment and a status of forces agreement; and 

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

8 the date on which the Secretary of Defense submits 

9 to the congressional defense committees the report 

10 on the independent assessment of alternative missile 

11 defense systems in Europe required by section 

12 235(c)(2) of the National Defense Authorization Act 

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

14 2235). 

15 (b) LIMITATION ON PROCUREMENT OR DEPLOYMENT

16 OF INTERCEPTORS.—No funds authorized to be appro17 priated by this Act or otherwise made available for the 

18 Department of Defense for fiscal year 2011 or any fiscal 

19 year thereafter may be obligated or expended for the pro20 curement (other than initial long-lead procurement) or de21 ployment of operational missiles of a medium-range or 

22 long-range missile defense system in Europe until the Sec23 retary of Defense, after receiving the views of the Director 

24 of Operational Test and Evaluation, submits to the con25 gressional defense committees a report certifying that the 


smartinez on DSKB9S0YB1PROD with BILLS
59 

HR 5136 PCS1S 

1 proposed interceptor to be deployed as part of such missile 

2 defense system has demonstrated, through successful, 

3 operationally realistic flight testing, a high probability of 

4 working in an operationally effective manner and that 

5 such missile defense system has the ability to accomplish 

6 the mission. 

7 (c) CONFORMING REPEAL.—Section 234 of the Na8 tional Defense Authorization Act for Fiscal Year 2010 

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

10 SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CON11 TRACTS BY MISSILE DEFENSE AGENCY WITH 

12 FOREIGN ENTITIES. 

13 Section 222 of the National Defense Authorization 

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

15 180; 101 Stat. 1055; 10 U.S.C. 2431 note) is repealed. 

16 SEC. 223. PHASED, ADAPTIVE APPROACH TO MISSILE DE17 FENSE IN EUROPE. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the new phased, adaptive approach to mis21 sile defense in Europe, announced by the President 

22 on September 17, 2009, should be supported by 

23 sound analysis, program plans, schedules, and tech24 nologies that are credible; 


smartinez on DSKB9S0YB1PROD with BILLS
60 

HR 5136 PCS1S 

1 (2) the cost, performance, and risk of such ap2 proach to missile defense should be well understood; 

3 and 

4 (3) Congress should have access to information 

5 regarding the analyses, plans, schedules, tech6 nologies, cost, performance, and risk of such ap7 proach to missile defense in order to conduct effec8 tive oversight. 

9 (b) REPORT REQUIRED.— 

10 (1) REPORT.—The Secretary of Defense shall 

11 submit to the congressional defense committees a re12 port on the phased, adaptive approach to missile de13 fense in Europe. 

14 (2) MATTERS INCLUDED.—The report under 

15 paragraph (1) shall include the following: 

16 (A) A discussion of the analyses conducted 

17 by the Secretary of Defense preceding the an18 nouncement of the phased, adaptive Approach 

19 to missile defense in Europe on September 17, 

20 2009, including— 

21 (i) a description of any alternatives 

22 considered; 

23 (ii) the criteria used to analyze each 

24 such alternative; and 


smartinez on DSKB9S0YB1PROD with BILLS
61 

HR 5136 PCS1S 

1 (iii) the result of each analysis, in2 cluding a description of the criteria used to 

3 judge each alternative. 

4 (B) A discussion of any independent as5 sessments or reviews of alternative approaches 

6 to missile defense in Europe considered by the 

7 Secretary in support of the announcement of 

8 the phased, adaptive approach to missile de9 fense in Europe on September 17, 2009. 

10 (C) A description of the architecture for 

11 each of the four phases of the phased, adaptive 

12 approach to missile defense in Europe, includ13 ing— 

14 (i) the composition, basing locations, 

15 and quantities of ballistic missile defense 

16 assets, including ships, batteries, intercep17 tors, radars and other sensors, and com18 mand and control nodes; 

19 (ii) program schedules and site-spe20 cific schedules with task activities, test 

21 plans, and knowledge and decision points; 

22 (iii) technology maturity levels of mis23 sile defense assets and plans for retiring 

24 technical risks; 


smartinez on DSKB9S0YB1PROD with BILLS
62 

HR 5136 PCS1S 

1 (iv) planned performance of missile 

2 defense assets and defended area coverage, 

3 including sensitivity analysis to various 

4 basing scenarios and varying threat capa5 bilities (including simple and complex 

6 threats, liquid and solid-fueled ballistic 

7 missiles, and varying raid sizes); 

8 (v) operational concepts and how such 

9 operational concepts effect force structure 

10 and inventory requirements; 

11 (vi) total cost estimates and funding 

12 profiles, by year, for acquisition, fielding, 

13 and operations and support; and 

14 (vii) acquisition strategies. 

15 (3) GAO.—The Comptroller General of the 

16 United States shall submit to the congressional de17 fense committees a report assessing the report under 

18 paragraph (1) pursuant to section 232(g) of the Na19 tional Defense Authorization Act for Fiscal Year 

20 2002 (Public Law 107–107; 10 U.S.C. 2431 note). 

21 (c) LIMITATION ON FUNDS.—Of the amounts author22 ized to be appropriated by section 301(5) for operation 

23 and maintenance, Defense-wide, for the Office of the Sec24 retary of Defense, not more than 95 percent of such 

25 amounts may be obligated or expended until the date on 


smartinez on DSKB9S0YB1PROD with BILLS
63 

HR 5136 PCS1S 

1 which the report required under subsection (b)(1) is sub2 mitted to the congressional defense committees. 

3 SEC. 224. HOMELAND DEFENSE HEDGING POLICY. 

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

5 (1) As noted by the Director of National Intel6 ligence, testifying before the Senate Select Com7 mittee on Intelligence on February 2, 2010, ‘‘the 

8 Iranian regime continues to flout UN Security 

9 Council restrictions on its nuclear program. . .we 

10 judge Iran would likely choose missile delivery as its 

11 preferred method of delivering a nuclear weapon. 

12 Iran already has the largest inventory of ballistic 

13 missiles in the Middle East and it continues to ex14 pand the scale, reach, and sophistication of its bal15 listic missile forces—many of which are inherently 

16 capable of carrying a nuclear payload.’’. 

17 (2) The Unclassified Report on Military Power 

18 of Iran, dated April 2010, states that, ‘‘with suffi19 cient foreign assistance, Iran could probably develop 

20 and test an intercontinental ballistic missile (ICBM) 

21 capable of reaching the United States by 2015. Iran 

22 could also have an intermediate-range ballistic mis23 sile (IRBM) capable of threatening Europe.’’. 

24 (3) Under phase 3 of the phased, adaptive ap25 proach for missile defense in Europe (scheduled for 


smartinez on DSKB9S0YB1PROD with BILLS
64 

HR 5136 PCS1S 

1 2018), the United States plans to deploy the stand2 ard missile–3 block IIA interceptor at sea- and land3 based sites in addition to existing missile defense 

4 systems to provide coverage for all NATO allies in 

5 Europe against medium- and intermediate-range bal6 listic missiles. 

7 (4) Under phase 4 of the phased, adaptive ap8 proach for missile defense in Europe (scheduled for 

9 2020), the United States plans to deploy the stand10 ard missile–3 block IIB interceptor to provide addi11 tional coverage of the United States against a poten12 tial intercontinental ballistic missile launched from 

13 the Middle East in the 2020 time frame. 

14 (5) According to the February 2010 Ballistic 

15 Missile Defense Review, the United States will con16 tinue the development and assessment of a two-stage 

17 ground-based interceptor as part of a hedging strat18 egy and, as further noted by the Under Secretary of 

19 Defense for Policy during testimony before the Com20 mittee on Armed Services of the House of Rep21 resentatives on October 1, 2009, ‘‘we keep the devel22 opment of the two-stage [ground-based interceptor] 

23 on the books as a hedge in case things come earlier, 

24 in case there’s any kind of technological challenge 

25 with the later models of the [standard missile–3].’’. 


smartinez on DSKB9S0YB1PROD with BILLS
65 

HR 5136 PCS1S 

1 (b) POLICY.—It shall be the policy of the United 

2 States to— 

3 (1) field missile defense systems in Europe 

4 that— 

5 (A) provide protection against medium6 and intermediate-range ballistic missile threats 

7 consistent with NATO policy and the phased, 

8 adapted approach for missile defense announced 

9 on September 17, 2009; and 

10 (B) have been confirmed to perform the 

11 assigned mission after successful, operationally 

12 realistic testing; 

13 (2) field missile defenses to protect the territory 

14 of the United States pursuant to the National Mis15 sile Defense Act of 1999 (Public Law 106–38; 10 

16 U.S.C. 2431 note) and to test those systems in an 

17 operationally realistic manner; 

18 (3) ensure that the standard missile–3 block 

19 IIA interceptor planned for phase 3 of the phased, 

20 adaptive approach for missile defense is capable of 

21 addressing intermediate-range ballistic missiles 

22 launched from the Middle East and the standard 

23 missile–3 block IIB interceptor planned for phase 4 

24 of such approach is capable of addressing intercontiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
66 

HR 5136 PCS1S 

1 nental ballistic missiles launched from the Middle 

2 East; and 

3 (4) continue the development and testing of the 

4 two-stage ground-based interceptor to maintain it— 

5 (A) as a means of protection in the event 

6 that— 

7 (i) the intermediate-range ballistic 

8 missile threat to NATO allies in Europe 

9 materializes before the availability of the 

10 standard missile–3 block IIA interceptor; 

11 (ii) the intercontinental ballistic mis12 sile threat to the United States that can13 not be countered with the existing ground14 based missile defense system materializes 

15 before the availability of the standard mis16 sile–3 block IIB interceptor; or 

17 (iii) technical challenges or schedule 

18 delays affect the standard missile–3 block 

19 IIA interceptor or the standard missile–3 

20 block IIB interceptor; and 

21 (B) as a complement to the missile defense 

22 capabilities deployed in Alaska and California 

23 for the defense of the United States. 


smartinez on DSKB9S0YB1PROD with BILLS
67 

HR 5136 PCS1S 

1 SEC. 225. INDEPENDENT ASSESSMENT OF THE PLAN FOR 

2 DEFENSE OF THE HOMELAND AGAINST THE 

3 THREAT OF BALLISTIC MISSILES. 

4 (a) FINDING.—Congress finds that section 2 of the 

5 National Missile Defense Act of 1999 (Public Law 106– 

6 38; 10 U.S.C. 2431 note) states that it is the policy of 

7 the United States to deploy as soon as is technologically 

8 possible an effective National Missile Defense system ca9 pable of defending the territory of the United States 

10 against limited ballistic missile attack (whether accidental, 

11 unauthorized, or deliberate) with funding subject to the 

12 annual authorization of appropriations and the annual ap13 propriation of funds for National Missile Defense. 

14 (b) ASSESSMENT.—The Secretary of Defense shall 

15 contract with an independent entity to conduct an assess16 ment of the plans of the Secretary for defending the terri17 tory of the United States against the threat of attack by 

18 ballistic missiles, including electromagnetic pulse attacks, 

19 as such plans are described in the Ballistic Missile Defense 

20 Review submitted to Congress on February 1, 2010, and 

21 the report submitted to Congress under section 232 of the 

22 National Defense Authorization Act for Fiscal Year 2010 

23 (Public Law 111–84; 123 Stat. 2232). 

24 (c) ELEMENTS.—The assessment required by sub25 section (b) shall include an assessment of the following: 


smartinez on DSKB9S0YB1PROD with BILLS
68 

HR 5136 PCS1S 

1 (1) The ballistic missile threat, including elec2 tromagnetic pulse attacks, against which the home3 land defense elements are intended to defend, includ4 ing mobile or fixed threats that might arise from 

5 non-state actors and accidental or unauthorized 

6 launches. 

7 (2) The military requirements for defending the 

8 territory of the United States against such missile 

9 threats. 

10 (3) The capabilities of the missile defense ele11 ments available to defend the territory of the United 

12 States as of the date of the assessment. 

13 (4) The planned capabilities of the homeland 

14 defense elements, if different from the capabilities 

15 under paragraph (3). 

16 (5) The force structure and inventory levels 

17 necessary to achieve the planned capabilities of the 

18 elements described in paragraphs (3) and (4). 

19 (6) The infrastructure necessary to achieve 

20 such capabilities, including the number and location 

21 of operational silos. 

22 (7) The number of interceptor missiles nec23 essary for operational assets, test assets (including 

24 developmental and operational test assets and aging 

25 and surveillance test assets), and spare missiles. 


smartinez on DSKB9S0YB1PROD with BILLS
69 

HR 5136 PCS1S 

1 (d) REPORT.— 

2 (1) IN GENERAL.—At or about the same time 

3 the budget of the President for fiscal year 2012 is 

4 submitted to Congress pursuant to section 1105 of 

5 title 31, United States Code, the Secretary shall 

6 submit to the congressional defense committees a re7 port setting forth the results of the assessment re8 quired by subsection (b). 

9 (2) FORM.—The report shall be in unclassified 

10 form, but may include a classified annex. 

11 SEC. 226. STUDY ON BALLISTIC MISSILE DEFENSE CAPA12 BILITIES OF THE UNITED STATES. 

13 (a) STUDY.—The Secretary of Defense, in coordina14 tion with the Chairman of the Joint Chiefs of Staff, shall 

15 conduct a joint capabilities mix study on the ballistic mis16 sile defense capabilities of the United States. 

17 (b) ELEMENTS.—The study under paragraph (1) 

18 shall include, at a minimum, the following: 

19 (1) An assessment of the missile defense capa20 bility, force structure, and inventory sufficiency re21 quirements of the combatant commanders based on 

22 the threat assessments and operational plans for 

23 each combatant command. 

24 (2) A discussion of the infrastructure necessary 

25 to achieve the ballistic missile defense capabilities, 


smartinez on DSKB9S0YB1PROD with BILLS
70 

HR 5136 PCS1S 

1 force structure, and inventory assessed under para2 graph (1). 

3 (3) An analysis of mobile and fixed missile de4 fense assets. 

5 (c) REPORT.— 

6 (1) IN GENERAL.—At or about the same time 

7 the budget of the President for fiscal year 2012 is 

8 submitted to Congress pursuant to section 1105 of 

9 title 31, United States Code, the Secretary shall 

10 submit to the congressional defense committees a re11 port setting forth the results of the study under sub12 section (a). 

13 (2) FORM.—The report shall be in unclassified 

14 form, but may include a classified annex. 

15 SEC. 227. REPORTS ON STANDARD MISSILE SYSTEM. 

16 (a) REPORTS.—Not later than 90 days after the date 

17 of the enactment of this Act, and each 180-day period 

18 thereafter, the Secretary of Defense shall submit to the 

19 congressional defense committees a report on the standard 

20 missile system, particularly with respect to standard mis21 sile–3 block IIA and standard missile–3 block IIB. 

22 (b) MATTERS INCLUDED.—The reports under sub23 section (a) shall include the following: 

24 (1) A detailed discussion of the modernization, 

25 capabilities, and limitations of the standard missile. 


smartinez on DSKB9S0YB1PROD with BILLS
71 

HR 5136 PCS1S 

1 (2) A review of the standard missile’s compari2 son capability against all expected threats. 

3 (3) A report on the progress of complimentary 

4 systems, including, at a minimum, radar systems, 

5 delivery systems, and recapitalization of supporting 

6 software and hardware. 

7 (4) Any industrial capacities that must be 

8 maintained to ensure adequate manufacturing of 

9 standard missile technology and production ratio. 

10 Subtitle D—Reports 

11 SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND 

12 PROGRAM REQUIREMENTS FOR THE 

13 GROUND COMBAT VEHICLE PROGRAM. 

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

15 2011, the Secretary of the Army shall provide to the con16 gressional defense committees a report on the Ground 

17 Combat Vehicle program of the Army. Such report shall 

18 include— 

19 (1) the results of the analysis of alternatives 

20 conducted prior to milestone A, including any tech21 nical data; and 

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

23 requirements of the Ground Combat Vehicle pro24 gram during the technology development phase of 

25 such program. 


smartinez on DSKB9S0YB1PROD with BILLS
72 

HR 5136 PCS1S 

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

2 shall be submitted in unclassified form, but may include 

3 a classified annex. 

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

5 funds authorized to be appropriated by this or any other 

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

7 and evaluation, Army, for development of the Ground 

8 Combat Vehicle, not more than 50 percent may be obli9 gated or expended until the date that is 30 days after the 

10 date on which the report is submitted under subsection 

11 (a). 

12 SEC. 232. COST BENEFIT ANALYSIS OF FUTURE TANK13 FIRED MUNITIONS. 

14 (a) COST BENEFIT ANALYSIS REQUIRED.— 

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

16 shall conduct a cost benefit analysis of future muni17 tions to be fired from the M1 Abrams series main 

18 battle tank to determine the proper investment to be 

19 made in tank munitions, including beyond line of 

20 sight technology. 

21 (2) ELEMENTS.—The cost benefit analysis 

22 under paragraph (1) shall include— 

23 (A) the predicted operational performance 

24 of future tank-fired munitions, including those 

25 incorporating beyond line of sight technology, 


smartinez on DSKB9S0YB1PROD with BILLS
73 

HR 5136 PCS1S 

1 based on the relevant modeling and simulation 

2 of future combat scenarios of the Army, includ3 ing a detailed analysis on the suitability of each 

4 munition to address the full spectrum of targets 

5 across the entire range of the tank (including 

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

7 line of sight); 

8 (B) a detailed assessment of the projected 

9 costs to develop and field each tank-fired muni10 tion included in the analysis, including those in11 corporating beyond line of sight technology; and 

12 (C) a comparative analysis of each tank13 fired munition included in the analysis, includ14 ing suitability to address known capability gaps 

15 and overmatch against known and projected 

16 threats. 

17 (3) MUNITIONS INCLUDED.—In conducting the 

18 cost benefit analysis under paragraph (1), the Sec19 retary shall include, at a minimum, the Mid-Range 

20 Munition, the Advanced Kinetic Energy round, and 

21 the Advanced Multipurpose Program. 

22 (b) REPORT.—Not later than March 15, 2011, the 

23 Secretary shall submit to the congressional defense com24 mittees the cost benefit analysis under subsection (a). 


smartinez on DSKB9S0YB1PROD with BILLS
74 

HR 5136 PCS1S 

1 SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON 

2 THE VH–(XX) PRESIDENTIAL HELICOPTER AC3 QUISITION PROGRAM. 

4 (a) ANNUAL GAO REVIEW.—During the period be5 ginning on the date of the enactment of this Act and end6 ing on March 1, 2018, the Comptroller General of the 

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

8 (XX) aircraft acquisition program. 

9 (b) ANNUAL REPORTS.— 

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

11 each year beginning in 2011 and ending in 2018, 

12 the Comptroller General shall submit to the congres13 sional defense committees a report on the review of 

14 the VH–(XX) aircraft acquisition program con15 ducted under subsection (a). 

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

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

18 program shall include the following: 

19 (A) The extent to which the program is 

20 meeting development and procurement cost, 

21 schedule, performance, and risk mitigation 

22 goals. 

23 (B) With respect to meeting the desired 

24 initial operational capability and full operational 

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

26 progress and results of— 


smartinez on DSKB9S0YB1PROD with BILLS
75 

HR 5136 PCS1S 

1 (i) developmental and operational test2 ing of the aircraft; and 

3 (ii) plans for correcting deficiencies in 

4 aircraft performance, operational effective5 ness, reliability, suitability, and safety. 

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

7 procurement plans, production results, and ef8 forts to improve manufacturing efficiency and 

9 supplier performance. 

10 (D) An assessment of the acquisition strat11 egy of the VH–(XX) aircraft, including whether 

12 such strategy is in compliance with acquisition 

13 management best-practices and the acquisition 

14 policy and regulations of the Department of De15 fense. 

16 (E) A risk assessment of the integrated 

17 master schedule and the test and evaluation 

18 master plan of the VH–(XX) aircraft as it re19 lates to— 

20 (i) the probability of success; 

21 (ii) the funding required for such air22 craft compared with the funding pro23 grammed; and 

24 (iii) development and production con25 currency. 


smartinez on DSKB9S0YB1PROD with BILLS
76 

HR 5136 PCS1S 

1 (3) ADDITIONAL INFORMATION.—In submitting 

2 to the congressional defense committees the first re3 port under paragraph (1) and a report following any 

4 changes made by the Secretary of the Navy to the 

5 baseline documentation of the VH–(XX) aircraft ac6 quisition program, the Comptroller General shall in7 clude, with respect to such program, an assessment 

8 of the sufficiency and objectivity of— 

9 (A) the analysis of alternatives; 

10 (B) the initial capabilities document; 

11 (C) the capabilities development document; 

12 and 

13 (D) the systems requirement document. 

14 SEC. 234. JOINT ASSESSMENT OF THE JOINT EFFECTS TAR15 GETING SYSTEM. 

16 (a) REVIEW.—Not later than March 1, 2011, the 

17 Under Secretary of Defense for Acquisition, Technology, 

18 and Logistics shall form a joint assessment team to review 

19 the joint effects targeting system. 

20 (b) REPORT.—Not later than 30 days after the date 

21 on which the review under subsection (a) is completed, the 

22 Under Secretary shall submit to the congressional defense 

23 committees a report on the review. 


smartinez on DSKB9S0YB1PROD with BILLS
77 

HR 5136 PCS1S 

1 Subtitle E—Other Matters 

2 SEC. 241. ESCALATION OF FORCE CAPABILITIES. 

3 (a) NON-LETHAL DEMONSTRATION PROGRAM.—The 

4 Secretary of Defense, acting through the Director of Oper5 ational Test and Evaluation and in consultation with the 

6 Executive Agent for Non-lethal Weapons, shall carry out 

7 a program to operationally test and evaluate non-lethal 

8 weapons that provide counter-personnel escalation of force 

9 options to members of the Armed Forces deploying in sup10 port of a contingency operation. 

11 (b) TECHNOLOGY TESTED.—Technologies evaluated 

12 under subsection (a) shall include crowd control, area de13 nial, space clearing, and personnel incapacitation tools. 

14 (c) REPORT REQUIRED.—Not later than 180 days 

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

16 shall submit to the congressional defense committees a re17 port that— 

18 (1) evaluates operational and situational suit19 ability for each non-lethal weapon tested; 

20 (2) defines the tactics, techniques, and proce21 dures approved for deployment of each non-lethal 

22 weapon by service; 

23 (3) identifies deployment schemes for each type 

24 of non-lethal weapon by service; and 


smartinez on DSKB9S0YB1PROD with BILLS
78 

HR 5136 PCS1S 

1 (4) details, by service, the number of units re2 ceiving pre-deployment training on each non-lethal 

3 weapon and the total number of units trained. 

4 (d) PROCUREMENT LINE ITEM.—In the budget mate5 rials submitted to the President by the Secretary of De6 fense in connection with submission to Congress, pursuant 

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

8 budget for fiscal year 2012, and each subsequent fiscal 

9 year, the Secretary shall ensure that within each military 

10 department procurement account, a separate, dedicated 

11 procurement line item is designated for non-lethal weap12 ons. 

13 SEC. 242. PILOT PROGRAM TO INCLUDE TECHNOLOGY PRO14 TECTION FEATURES DURING RESEARCH AND 

15 DEVELOPMENT OF DEFENSE SYSTEMS. 

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

17 shall carry out a pilot program to develop and incorporate 

18 technology protection features in a designated system dur19 ing the research and development phase of such system. 

20 (b) FUNDING.—Of the amounts authorized to be ap21 propriated by this Act for research, development, test, and 

22 evaluation, Defense-wide, not more than $5,000,000 may 

23 be available to carry out this section. 

24 (c) ANNUAL REPORTS.—Not later than December 31 

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


smartinez on DSKB9S0YB1PROD with BILLS
79 

HR 5136 PCS1S 

1 program, the Secretary shall submit to the congressional 

2 defense committees a report on the pilot program estab3 lished under this section, including a list of each des4 ignated system included in the program. 

5 (d) TERMINATION.—The pilot program established 

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

7 (e) DEFINITIONS.—In this section: 

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

9 system (including a major system, as defined in sec10 tion 2302(5) of title 10, United States Code) that 

11 the Under Secretary of Defense for Acquisition, 

12 Technology, and Logistics designates as being in13 cluded in the pilot program established under this 

14 section. 

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

16 means the technical modifications necessary to pro17 tect critical program information, including anti18 tamper technologies and other systems engineering 

19 activities intended to prevent or delay exploitation of 

20 critical technologies in a designated system. 

21 SEC. 243. PILOT PROGRAM ON COLLABORATIVE ENERGY 

22 SECURITY. 

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

24 coordination with the Secretary of Energy, shall carry out 

25 a collaborative energy security pilot program involving one 


smartinez on DSKB9S0YB1PROD with BILLS
80 

HR 5136 PCS1S 

1 or more partnerships between one military installation and 

2 one national laboratory, for the purpose of evaluating and 

3 validating secure, salable microgrid components and sys4 tems for deployment. 

5 (b) SELECTION OF MILITARY INSTALLATION AND

6 NATIONAL LABORATORY.—The Secretary of Defense and 

7 the Secretary of Energy shall jointly select a military in8 stallation and a national laboratory for the purpose of car9 rying out the pilot program under this section. In making 

10 such selections, the Secretaries shall consider each of the 

11 following: 

12 (1) A commitment to participate made by a 

13 military installation being considered for selection. 

14 (2) The findings and recommendations of rel15 evant energy security assessments of military instal16 lations being considered for selection. 

17 (3) The availability of renewable energy sources 

18 at a military installation being considered for selec19 tion. 

20 (4) Potential synergies between the expertise 

21 and capabilities of a national laboratory being con22 sidered for selection and the infrastructure, inter23 ests, or other energy security needs of a military in24 stallation being considered for selection. 


smartinez on DSKB9S0YB1PROD with BILLS
81 

HR 5136 PCS1S 

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

2 or other considerations on the feasibility of enabling 

3 any excess electricity generated on a military instal4 lation being considered for selection to be sold or 

5 otherwise made available to the local community 

6 near the installation. 

7 (c) PROGRAM ELEMENTS.—The pilot program shall 

8 be carried out as follows: 

9 (1) Under the pilot program, the Secretaries 

10 shall evaluate and validate the performance of new 

11 energy technologies that may be incorporated into 

12 operating environments. 

13 (2) The pilot program shall involve collabora14 tion with the Office of Electricity Delivery and En15 ergy Reliability of the Department of Energy and 

16 other offices and agencies within the Department of 

17 Energy, as appropriate, and the Environmental Se18 curity Technical Certification Program of the De19 partment of Defense. 

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

21 Defense shall investigate opportunities for any ex22 cess electricity created for the military installation to 

23 be sold or otherwise made available to the local com24 munity near the installation. 


smartinez on DSKB9S0YB1PROD with BILLS
82 

HR 5136 PCS1S 

1 (4) The Secretary of Defense shall use the re2 sults of the pilot program as the basis for informing 

3 key performance parameters and validating energy 

4 components and designs that could be implemented 

5 in various military installations across the country 

6 and at forward operating bases. 

7 (5) The pilot program shall support the effort 

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

9 test bed to demonstrate innovative energy tech10 nologies. 

11 (d) IMPLEMENTATION AND DURATION.—The Sec12 retary of Defense shall begin the pilot program under this 

13 section by not later than July 1, 2011. Such pilot program 

14 shall be not less than three years in duration. 

15 (e) REPORTS.— 

16 (1) INITIAL REPORT.—Not later than October 

17 1, 2011, the Secretary of Defense shall submit to 

18 the appropriate congressional committees an initial 

19 report that provides an update on the implementa20 tion of the pilot program under this section, includ21 ing an identification of the selected military installa22 tion and national laboratory partner and a descrip23 tion of technologies under evaluation. 

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

25 after completion of the pilot program under this secVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
83 

HR 5136 PCS1S 

1 tion, the Secretary shall submit to the appropriate 

2 congressional committees a report on the pilot pro3 gram, including any findings and recommendations 

4 of the Secretary. 

5 (f) FUNDING.— 

6 (1) DEPARTMENT OF DEFENSE.—Of the funds 

7 authorized to be appropriated by section 201 for fis8 cal year 2011 for research, development, test, and 

9 evaluation, Defense-wide, $5,000,000 is available to 

10 carry out this section. 

11 (2) DEPARTMENT OF ENERGY.—Upon deter12 mination by the Secretary of Energy that the pro13 gram under this section is relevant and consistent 

14 with the mission of the Department of Energy to 

15 lead the modernization of the electric grid, enhance 

16 the security and reliability of the energy infrastruc17 ture, and facilitate recovery from disruptions to en18 ergy supply, the Secretary may transfer funds made 

19 available for the Office of Electricity Delivery and 

20 Energy Reliability of the Department of Energy in 

21 order to carry out this section. 

22 (g) DEFINITIONS.—For purposes of this section: 

23 (1) The term ‘‘appropriate congressional com24 mittees’’ means— 


smartinez on DSKB9S0YB1PROD with BILLS
84 

HR 5136 PCS1S 

1 (A) the Committee on Armed Services, the 

2 Committee on Energy and Commerce, and the 

3 Committee on Science and Technology of the 

4 House of Representatives; and 

5 (B) the Committee on Armed Services, the 

6 Committee on Energy and Natural Resources, 

7 and the Committee on Commerce, Science, and 

8 Transportation of the Senate. 

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

10 energy system consisting of interconnected loads and 

11 distributed energy resources (including generators, 

12 energy storage devices, and smart controls) that can 

13 operate with the utility grid or in an intentional 

14 islanding mode. 

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

16 (A) a national laboratory (as defined in 

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

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

19 (B) a national security laboratory (as de20 fined in section 3281 of the National Nuclear 

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

22 SEC. 244. REPORT ON REGIONAL ADVANCED TECHNOLOGY 

23 CLUSTERS. 

24 (a) REPORT.—Not later than March 1, 2011, the 

25 Secretary of Defense shall submit to the appropriate conVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
85 

HR 5136 PCS1S 

1 gressional committees a report on regional advanced tech2 nology clusters. 

3 (b) MATTERS INCLUDED.—The report under sub4 section (a) shall include the following: 

5 (1) An analysis of regional advanced technology 

6 clusters throughout the United States, including— 

7 (A) an estimate of the amount of public 

8 and private funding activities within each clus9 ter; 

10 (B) an assessment of the technical com11 petencies of each of these regional advanced 

12 technology clusters; 

13 (C) a comparison of the technical com14 petencies of each regional advanced technology 

15 clusters with the technology needs of the De16 partment of Defense; and 

17 (D) a review of current Department of De18 fense interaction, cooperation, or investment in 

19 regional advanced technology clusters. 

20 (2) A strategic plan for encouraging the devel21 opment of innovative, advanced technologies, such as 

22 robotics and autonomous systems, to address na23 tional security, homeland security, and first re24 sponder challenges by— 


smartinez on DSKB9S0YB1PROD with BILLS
86 

HR 5136 PCS1S 

1 (A) enhancing regional advanced tech2 nology clusters that support the technology 

3 needs of the Department of Defense; and 

4 (B) identifying and assisting the expansion 

5 of additional new regional advanced technology 

6 clusters to foster research and development into 

7 emerging, disruptive technologies identified 

8 through strategic planning documents of the 

9 Department of Defense. 

10 (3) An identification of the resources needed to 

11 establish, sustain, or grow regional advanced tech12 nology clusters. 

13 (4) An identification of mechanisms for collabo14 rating and cost sharing with other state, local, and 

15 Federal agencies with respect to regional advanced 

16 technology clusters, including any legal impediments 

17 that may inhibit collaboration or cost sharing. 

18 (c) DEFINITIONS.—In this section: 

19 (1) The term ‘‘appropriate congressional com20 mittees’’ means the following: 

21 (A) The Committees on Armed Services, 

22 Appropriations, and Small Business of the 

23 House of Representatives. 


smartinez on DSKB9S0YB1PROD with BILLS
87 

HR 5136 PCS1S 

1 (B) The Committees on Armed Services, 

2 Appropriations, and Small Business and Entre3 preneurship of the Senate. 

4 (2) The term ‘‘regional advanced technology 

5 cluster’’ means geographic centers focused on build6 ing science and technology-based innovation capacity 

7 in areas of local and regional strength to foster eco8 nomic growth and improve quality of life. 

9 SEC. 245. SENSE OF CONGRESS AFFIRMING THE IMPOR10 TANCE OF DEPARTMENT OF DEFENSE PAR11 TICIPATION IN DEVELOPMENT OF NEXT GEN12 ERATION SEMICONDUCTOR TECHNOLOGIES. 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

15 (1) The next generation of weapons systems, 

16 battlefield sensors, and intelligence platforms will 

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

18 and have greater computational power, which can 

19 only be achieved by decreasing the feature size of in20 tegrated circuits to the nanometer scale. 

21 (2) There is a growing concern in the Depart22 ment of Defense and the United States intelligence 

23 community over the offshore shift in development 

24 and production of high capacity semiconductors. Re25 liance on providers of semiconductors in the United 


smartinez on DSKB9S0YB1PROD with BILLS
88 

HR 5136 PCS1S 

1 States high tech industry will mitigate the security 

2 risks of such an offshore shift. 

3 (3) The use of extreme-ultraviolet lithography 

4 (EUVL) is recognized in the semiconductor industry 

5 as critical to the development of the next generation 

6 of integrated circuits. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) the United States should establish research 

10 and development facilities to take the lead in pro11 ducing the next generation of integrated circuits; 

12 (2) the Department of Defense should support 

13 the establishment of a public-private partnership of 

14 defense laboratory scientists and engineers, univer15 sity researchers, integrated circuit designers and 

16 fabricators, tool manufacturers, material and chem17 ical suppliers, and metrology and inspection tool fab18 ricators to develop extreme-ultraviolet lithography 

19 (EUVL) technologies on 300 micrometer and 450 

20 micrometer wafers; and 

21 (3) the targeted feature size of integrated cir22 cuits for EUVL development in the United States 

23 should be the 15 nanometer node. 


smartinez on DSKB9S0YB1PROD with BILLS
89 

HR 5136 PCS1S 

1 TITLE III—OPERATION AND 

2 MAINTENANCE 

3 Subtitle A—Authorization of 

4 Appropriations 

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

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 expenses, not otherwise provided for, for operation and 

10 maintenance, in amounts as follows: 

11 (1) For the Army, $34,232,221,000. 

12 (2) For the Navy, $37,976,443,000. 

13 (3) For the Marine Corps, $5,568,340,000. 

14 (4) For the Air Force, $36,684,588,000. 

15 (5) For Defense-wide activities, 

16 $30,200,596,000. 

17 (6) For the Army Reserve, $2,942,077,000. 

18 (7) For the Naval Reserve, $1,374,764,000. 

19 (8) For the Marine Corps Reserve, 

20 $287,234,000. 

21 (9) For the Air Force Reserve, $3,311,827,000. 

22 (10) For the Army National Guard, 

23 $6,628,525,000. 

24 (11) For the Air National Guard, 

25 $5,980,139,000. 


smartinez on DSKB9S0YB1PROD with BILLS
90 

HR 5136 PCS1S 

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, $229,561,000. 

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.— 


smartinez on DSKB9S0YB1PROD with BILLS
91 

HR 5136 PCS1S 

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 to the Hazardous 

5 Substance Superfund not more than $5,611,670.67 

6 for fiscal year 2011. 

7 (2) PURPOSE OF REIMBURSEMENT.—A pay8 ment made under paragraph (1) is to reimburse the 

9 Environmental Protection Agency for all costs the 

10 Agency has incurred through fiscal year 2011 relat11 ing to the response actions performed by the De12 partment of Defense under the Defense Environ13 mental Restoration Program at the Twin Cities 

14 Army Ammunition Plant, Minnesota. 

15 (3) INTERAGENCY AGREEMENT.—The reim16 bursement described in paragraph (2) is provided for 

17 in an interagency agreement entered into by the De18 partment of the Army and the Environmental Pro19 tection Agency for the Twin Cities Army Ammuni20 tion Plant that took effect in December 1987. 

21 (b) SOURCE OF FUNDS.—A payment under sub22 section (a) shall be made using funds authorized to be ap23 propriated for fiscal year 2011 to the Department of De24 fense for operation and maintenance for Environmental 

25 Restoration, Army. 


smartinez on DSKB9S0YB1PROD with BILLS
92 

HR 5136 PCS1S 

1 (c) USE OF FUNDS.—The Environmental Protection 

2 Agency shall use the amounts transferred under sub3 section (a) to pay costs incurred by the Agency at the 

4 Twin Cities Army Ammunition Plant. 

5 SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION 

6 AGENCY OF STIPULATED PENALTIES IN CON7 NECTION WITH NAVAL AIR STATION, BRUNS8 WICK, MAINE. 

9 (a) AUTHORITY TO TRANSFER FUNDS.—From 

10 amounts authorized to be appropriated for fiscal year 

11 2011 for the Department of Defense Base Closure Ac12 count 2005, and notwithstanding section 2215 of title 10, 

13 United States Code, the Secretary of Defense may trans14 fer an amount of not more than $153,000 to the Haz15 ardous Substance Superfund established under subchapter 

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

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

18 transfer made under subsection (a) is to satisfy a stipu19 lated penalty assessed by the Environmental Protection 

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

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

22 certain monitoring wells in a timely manner pursuant to 

23 a schedule included in the Federal facility agreement for 

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


smartinez on DSKB9S0YB1PROD with BILLS
93 

HR 5136 PCS1S 

1 the Secretary of the Navy and the Administrator of the 

2 Environmental Protection Agency on October 19, 1990. 

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

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

5 the Administrator of the Environmental Protection Agen6 cy shall accept the amount transferred as payment in full 

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

8 SEC. 313. TESTING AND CERTIFICATION PLAN FOR OPER9 ATIONAL USE OF AN AVIATION BIOFUEL DE10 RIVED FROM MATERIALS THAT DO NOT COM11 PETE WITH FOOD STOCKS. 

12 Not later than one year after the date of the enact13 ment of this Act, the Secretary of Defense shall submit 

14 to Congress a testing and certification plan for the oper15 ational use of a biofuel that— 

16 (1) is derived from materials that do not com17 pete with food stocks; and 

18 (2) is suitable for use for military purposes as 

19 an aviation fuel or in an aviation-fuel blend. 

20 SEC. 314. REPORT IDENTIFYING HYBRID OR ELECTRIC 

21 PROPULSION SYSTEMS AND OTHER FUEL22 SAVING TECHNOLOGIES FOR INCORPORA23 TION INTO TACTICAL MOTOR VEHICLES. 

24 (a) IDENTIFICATION OF USABLE ALTERNATIVE

25 TECHNOLOGY.—Not later than 180 days after the date 


smartinez on DSKB9S0YB1PROD with BILLS
94 

HR 5136 PCS1S 

1 of the enactment of this Act, the Secretary of each mili2 tary department shall submit to Congress a report identi3 fying hybrid or electric propulsion systems and other vehi4 cle technologies that reduce consumption of fossil fuels 

5 and are suitable for incorporation into the current fleet 

6 of tactical motor vehicles of each Armed Force under the 

7 jurisdiction of the Secretary. In identifying suitable alter8 native technologies, the Secretary shall consider the feasi9 bility and cost of incorporating the technology, the design 

10 changes and amount of time required for incorporation, 

11 and the overall impact of incorporation on vehicle perform12 ance. 

13 (b) HYBRID DEFINED.—In this section, the term 

14 ‘‘hybrid’’ refers to a propulsion system, including the en15 gine and drive train, that draws energy from onboard 

16 sources of stored energy that involve— 

17 (1) an internal combustion or heat engine using 

18 combustible fuel; and 

19 (2) a rechargeable energy storage system. 

20 SEC. 315. EXCEPTION TO ALTERNATIVE FUEL PROCURE21 MENT REQUIREMENT. 

22 Section 526 of the Energy Independence and Security 

23 Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 

24 amended— 


smartinez on DSKB9S0YB1PROD with BILLS
95 

HR 5136 PCS1S 

1 (1) by striking ‘‘No Federal agency’’ and insert2 ing ‘‘(a) REQUIREMENT.—Except as provided in 

3 subsection (b), no Federal agency’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(b) EXCEPTION.—Subsection (a) does not prohibit 

6 a Federal agency from entering into a contract to pur7 chase a generally available fuel that is not an alternative 

8 or synthetic fuel or predominantly produced from a non9 conventional petroleum source, if— 

10 ‘‘(1) the contract does not specifically require 

11 the contractor to provide an alternative or synthetic 

12 fuel or fuel from a nonconventional petroleum 

13 source; 

14 ‘‘(2) the purpose of the contract is not to obtain 

15 an alternative or synthetic fuel or fuel from a non16 conventional petroleum source; and 

17 ‘‘(3) the contract does not provide incentives for 

18 a refinery upgrade or expansion to allow a refinery 

19 to use or increase its use of fuel from a nonconven20 tional petroleum source.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
96 

HR 5136 PCS1S 

1 SEC. 316. INFORMATION SHARING RELATING TO INVES2 TIGATION OF EXPOSURE TO DRINKING 

3 WATER CONTAMINATION AT CAMP LEJEUNE, 

4 NORTH CAROLINA. 

5 By not later than 180 days after the date of the en6 actment of this Act, the Secretary of Defense shall provide 

7 the Agency for Toxic Substances and Disease Registry 

8 with an electronic inventory of all existing documents, 

9 records, and electronic data pertaining to the CERCLA 

10 listed and RCRA listed contamination sites at Camp 

11 Lejeune and all existing documents, records, and elec12 tronic data pertaining to the contaminated drinking water 

13 at Camp Lejeune. If after the date of enactment of this 

14 Act, the Secretary of Defense generates new documents, 

15 records and electronic data, or comes into possession of 

16 existing documents, records or electronic data not pre17 viously included in the electronic inventory, the Secretary 

18 of the Navy shall provide the Agency for Toxic Substances 

19 and Disease Registry with an updated electronic inventory 

20 incorporating the newly located or generated documents, 

21 records and electronic data. The Secretary of the Navy 

22 shall ensure that Department of Defense personnel with 

23 appropriate experience and expertise, including in the area 

24 of environmental engineering and the conduct of water 

25 modeling, working in conjunction with the Agency for 

26 Toxic Substances and Disease Registry, are utilized to 


smartinez on DSKB9S0YB1PROD with BILLS
97 

HR 5136 PCS1S 

1 identify, compile, and submit existing and new documents, 

2 records, and electronic data in Navy and Marine Corps 

3 records and electronic libraries that would assist the Agen4 cy for Toxic Substances and Disease Registry in gathering 

5 data relating to the contamination and remediation of 

6 Camp Lejeune base-wide drinking-water systems. 

7 Subtitle C—Workplace and Depot 

8 Issues 

9 SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT 

10 FOR SERVICE CONTRACT INVENTORY. 

11 Section 2330a(c)(1) of title 10, United States Code, 

12 is amended— 

13 (1) in the matter preceding subparagraph (A), 

14 by inserting after the first sentence the following 

15 new sentence: ‘‘The guidance for compiling the in16 ventory shall be issued by the Under Secretary of 

17 Defense for Personnel and Readiness, as supported 

18 by the Under Secretary of Defense (Comptroller) 

19 and the Under Secretary of Defense for Acquisition, 

20 Technology, and Logistics.’’; and 

21 (2) by striking subparagraph (E) and inserting 

22 the following new subparagraph (E): 

23 ‘‘(E) The number and work location of con24 tractor employees, expressed as full-time equivalents 


smartinez on DSKB9S0YB1PROD with BILLS
98 

HR 5136 PCS1S 

1 for direct labor, using direct labor hours and associ2 ated cost data collected from contractors.’’. 

3 SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF 

4 FUNCTIONS PERFORMED UNDER PRIME VEN5 DOR CONTRACTS FOR DEPOT-LEVEL MAINTE6 NANCE AND REPAIR. 

7 Section 346 of the Strom Thurmond National De8 fense Authorization Act for Fiscal Year 1999 (Public Law 

9 105–261; 112 Stat. 1979; 10 U.S.C. 2464 note) is re10 pealed. 

11 SEC. 323. PILOT PROGRAM ON BEST VALUE FOR CON12 TRACTS FOR PRIVATE SECURITY FUNCTIONS. 

13 (a) PILOT PROGRAM AUTHORIZED.—Not later than 

14 180 days after the date of the enactment of this Act, the 

15 Secretary of Defense shall establish a pilot program under 

16 which the Secretary shall implement a best value procure17 ment standard in entering into contracts for the provision 

18 of private security functions in Afghanistan and Iraq. In 

19 entering into a covered contract under the pilot program, 

20 in addition to taking into consideration the cost of the con21 tract, the Secretary shall take into consideration each of 

22 the following: 

23 (1) Past performance. 

24 (2) Quality. 

25 (3) Delivery. 


smartinez on DSKB9S0YB1PROD with BILLS
99 

HR 5136 PCS1S 

1 (4) Management expertise. 

2 (5) Technical approach. 

3 (6) Experience of key personnel. 

4 (7) Management structure. 

5 (8) Risk. 

6 (9) Such other matters as the Secretary deter7 mines are appropriate. 

8 (b) JUSTIFICATION.—A covered contract under the 

9 pilot program may not be awarded unless the contracting 

10 officer for the contract justifies in writing the reason for 

11 the award of the contract. 

12 (c) ANNUAL REPORT.—Not later than January 15 of 

13 each year the pilot program under this section is carried 

14 out, the Secretary of Defense shall submit to the congres15 sional defense committees an unclassified report con16 taining each of the following: 

17 (1) A list of any covered contract awarded for 

18 private security functions in Afghanistan and Iraq 

19 under the pilot program. 

20 (2) A description of the matters that the Sec21 retary of Defense took into consideration, in addi22 tion to cost, in awarding each such contract. 

23 (3) Any additional information or recommenda24 tions the Secretary considers appropriate to include 

25 with respect to the pilot program, the contracts 


smartinez on DSKB9S0YB1PROD with BILLS
100 

HR 5136 PCS1S 

1 awarded under the pilot program, or the consider2 ations for evaluating such contracts. 

3 (d) TERMINATION OF PROGRAM.—The authority of 

4 the Secretary of Defense to carry out a pilot program 

5 under this section terminates on September 30, 2013. The 

6 termination of the authority shall not affect the validity 

7 of contracts that are awarded or modified during the pe8 riod of the pilot program, without regard to whether the 

9 contracts are performed during the period. 

10 (e) DISCRETIONARY IMPLEMENTATION AFTER SEP11 TEMBER 30, 2013.—After September 30, 2013, imple12 mentation of a best value procurement standard in enter13 ing into contracts for the provision of private security 

14 functions in Afghanistan and Iraq shall be at the discre15 tion of the Secretary of Defense. 

16 (f) DEFINITIONS.—In this section: 

17 (1) The term ‘‘best value’’ means providing the 

18 best overall benefit to the Government in accordance 

19 with the tradeoff process described in section 

20 15.101–1 of title 48 of the Code of Federal Regula21 tions. 

22 (2) The term ‘‘covered contract’’ means— 

23 (A) a contract of the Department of De24 fense for the performance of services; or 


smartinez on DSKB9S0YB1PROD with BILLS
101 

HR 5136 PCS1S 

1 (B) a task order or delivery order issued 

2 under such a contract. 

3 (3) The term ‘‘private security functions’’ 

4 means guarding, by a contractor under a covered 

5 contract, of personnel, facilities, or property of a 

6 Federal agency, the contractor, a subcontractor of a 

7 contractor, or a third party. 

8 SEC. 324. STANDARDS AND CERTIFICATION FOR PRIVATE 

9 SECURITY CONTRACTORS. 

10 (a) THIRD-PARTY CERTIFICATION POLICY GUID11 ANCE.—Not later than 270 days after the date of the en12 actment of this Act, the Secretary of Defense shall issue 

13 policy guidance requiring, as a condition for award of a 

14 covered contract for the provision of private security func15 tions, that each contractor receive certification from a 

16 third party that the contractor adheres to specified oper17 ational and business practice standards. The guidance 

18 shall— 

19 (1) establish criteria for defining standard prac20 tices for the performance of private security func21 tions, which shall reflect input from industry rep22 resentatives as well as the Inspector General of the 

23 Department of Defense; 

24 (2) establish criteria for weapons training pro25 grams for contractors performing private security 


smartinez on DSKB9S0YB1PROD with BILLS
102 

HR 5136 PCS1S 

1 functions, including minimum requirements for 

2 weapons training programs of instruction and min3 imum qualifications for instructors for such pro4 grams; and 

5 (3) identify organizations that can carry out the 

6 certifications. 

7 (b) REGULATIONS REQUIRED.—Not later than 270 

8 days after the date of the enactment of this Act, the Sec9 retary of Defense shall revise the Department of Defense 

10 supplement to the Federal Acquisition Regulation to carry 

11 out the requirements of this section and the guidance 

12 issued under this section. 

13 (c) DEFINITIONS.—In this section: 

14 (1) The term ‘‘covered contract’’ means— 

15 (A) a contract of the Department of De16 fense for the performance of services; 

17 (B) a subcontract at any tier under such 

18 contract; 

19 (C) a task order or delivery order issued 

20 under such a contract or subcontract. 

21 (2) The term ‘‘contractor’’ means, with respect 

22 to a covered contract, the contractor or subcon23 tractor carrying out the covered contract. 


smartinez on DSKB9S0YB1PROD with BILLS
103 

HR 5136 PCS1S 

1 (3) The term ‘‘private security functions’’ 

2 means activities engaged in by a contractor under a 

3 covered contract as follows: 

4 (A) Guarding of personnel, facilities, or 

5 property of a Federal agency, the contractor or 

6 subcontractor, or a third party. 

7 (B) Any other activity for which personnel 

8 are required to carry weapons in the perform9 ance of their duties. 

10 (d) EXCEPTION.—The requirements of this section 

11 shall not apply to contracts entered into by elements of 

12 the intelligence community in support of intelligence ac13 tivities. 

14 SEC. 325. PROHIBITION ON ESTABLISHING GOALS OR 

15 QUOTAS FOR CONVERSION OF FUNCTIONS TO 

16 PERFORMANCE BY DEPARTMENT OF DE17 FENSE CIVILIAN EMPLOYEES. 

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

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

20 or quota for the conversion of Department of Defense 

21 function to performance by Department of Defense civil22 ian employees, unless such goal, target, or quota is based 

23 on considered research and analysis, as required by section 

24 235, 2330a, or 2463 of title 10, United States Code. 


smartinez on DSKB9S0YB1PROD with BILLS
104 

HR 5136 PCS1S 

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

2 functions should be converted to performance by Depart3 ment of Defense civilian employees pursuant to section 

4 2463 of title 10, United States Code, the Secretary of De5 fense shall use the costing methodology outlined in the Di6 rective-Type Memorandum 09–007 (Estimating and Com7 paring the Full Costs of Civilian and Military Manpower 

8 and Contractor Support) or any successor guidance for the 

9 determination of costs when costs are the sole basis for 

10 the decision. The Secretary of a military department may 

11 issue supplemental guidance to assist in such decisions af12 fecting functions of that military department. 

13 (c) REPORTS.— 

14 (1) REPORT TO CONGRESS.—Not later than De15 cember 31, 2010, the Secretary of Defense shall 

16 submit to the congressional defense committees a re17 port on the decisions with respect to the conversion 

18 of functions to performance by Department of De19 fense civilian employees made during fiscal year 

20 2010. Such report shall identify, for each such deci21 sion— 

22 (A) the agency or service of the Depart23 ment involved in the decision; 

24 (B) the basis and rationale for the deci25 sion; and 


smartinez on DSKB9S0YB1PROD with BILLS
105 

HR 5136 PCS1S 

1 (C) the number of contractor employees 

2 whose functions were converted to performance 

3 by Department of Defense civilian employees. 

4 (2) COMPTROLLER GENERAL REVIEW.—Not 

5 later than 120 days after the submittal of the report 

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

7 United States shall submit to the congressional de8 fense committees an assessment of the report. 

9 SEC. 326. TREATMENT OF EMPLOYER CONTRIBUTIONS TO 

10 HEALTH BENEFITS AND RETIREMENT PLANS 

11 FOR PURPOSES OF COST-COMPARISONS OF 

12 CONTRACTOR AND CIVILIAN EMPLOYEE PER13 FORMANCE OF DEPARTMENT OF DEFENSE 

14 FUNCTIONS. 

15 Section 2463 of title 10, United States Code, is 

16 amended— 

17 (1) by redesignating subsection (e) as sub18 section (f); and 

19 (2) by inserting after subsection (d) the fol20 lowing new subsection (f): 

21 ‘‘(f) TREATMENT OF CONTRIBUTIONS TO HEALTH

22 AND RETIREMENT PLANS.—For purposes of conducting 

23 a cost comparison to determine whether to convert a func24 tion from contractor performance to performance by De25 partment of Defense civilian employee, the costs of emVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
106 

HR 5136 PCS1S 

1 ployer contributions made by the Department of Defense 

2 or by a contractor towards employer-sponsored health ben3 efits and retirement benefits plans shall not be considered 

4 unless, in the case of such contributions made by a con5 tractor, the contractor does not receive an advantage for 

6 reducing costs for the Department of Defense by— 

7 ‘‘(1) not making an employer-sponsored health 

8 insurance plan available to the contractor employees 

9 who perform the function under the contract; 

10 ‘‘(2) offering to such employees an employer11 sponsored health benefits plan that requires the em12 ployer to contribute less towards the premium or 

13 subscription share than the amount that is paid by 

14 the Federal Government for health benefits for civil15 ian employees under chapter 89 of title 5, United 

16 States Code; or 

17 ‘‘(3) offering to such employees a retirement 

18 benefit that, in any year, costs less than the annual 

19 retirement cost factor applicable to Federal employ20 ees under chapter 84 of title 5, United States 

21 Code.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
107 

HR 5136 PCS1S 

1 Subtitle D—Reports 

2 SEC. 331. REVISION TO REPORTING REQUIREMENT RELAT3 ING TO OPERATION AND FINANCIAL SUP4 PORT FOR MILITARY MUSEUMS. 

5 (a) CHANGE IN FREQUENCY OF REPORT.—Sub6 section (a) of section 489 of title 10, United States Code, 

7 is amended by striking ‘‘As part of’’ and all that follows 

8 through ‘‘fiscal year—’’ and inserting the following: ‘‘As 

9 part of the budget materials submitted to Congress for 

10 every odd-numbered fiscal year, in connection with the 

11 submission of the budget for that fiscal year pursuant to 

12 section 1105 of title 31, the Secretary of Defense shall 

13 submit to Congress a report on military museums. In each 

14 such report, the Secretary shall identify all military muse15 ums that, during the most recently completed two fiscal16 year period—’’ 

17 (b) REPEAL OF REQUIRED REPORT ELEMENT.— 

18 Subsection (b) of such section is amended— 

19 (1) by striking paragraph (5); and 

20 (2) by redesignating paragraph (6) as para21 graph (5). 

22 (c) CLERICAL AMENDMENTS.— 

23 (1) SECTION HEADING.—The heading of such 

24 section is amended to read as follows: 


smartinez on DSKB9S0YB1PROD with BILLS
108 

HR 5136 PCS1S 

1 ‘‘§ 489. Department of Defense operation and finan2 cial support for military museums: bien3 nial report’’. 

4 (2) TABLE OF SECTIONS.—The table of sections 

5 at the beginning of chapter 23 of such title is 

6 amended by striking the item relating to section 489 

7 and inserting the following new item: 

‘‘489. Department of Defense operation and financial support for military museums: biennial report.’’. 

8 SEC. 332. ADDITIONAL REPORTING REQUIREMENTS RELAT9 ING TO CORROSION PREVENTION PROJECTS 

10 AND ACTIVITIES. 

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

12 amended— 

13 (1) in paragraph (1)— 

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

15 ‘‘The’’ and inserting ‘‘For the fiscal year cov16 ered by the report and the preceding fiscal year, 

17 the’’; and 

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

19 subparagraph: 

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

21 and the preceding fiscal year, the amount of funds 

22 requested in the budget for each project or activity 

23 described in subparagraph (E) compared to the 

24 funding requirements for the project or activity.’’; 


smartinez on DSKB9S0YB1PROD with BILLS
109 

HR 5136 PCS1S 

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

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

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

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

5 paragraph: 

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

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

8 report most recently submitted by the corrosion control 

9 and prevention executive of each military department 

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

11 Defense Authorization Act for Fiscal Year 2009 (Public 

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

13 SEC. 333. MODIFICATION AND REPEAL OF CERTAIN RE14 PORTING REQUIREMENTS. 

15 (a) MODIFICATION OF REPORT ON ARMY

16 PROGRESS.—Section 323 of the John Warner National 

17 Defense Authorization Act for Fiscal Year 2007 (Public 

18 Law 109–364; 120 Stat. 2146; 10 U.S.C. 229 note) is 

19 amended— 

20 (1) by striking subsection (c) and redesignating 

21 subsections (d) and (e) as subsections (c) and (d), 

22 respectively; and 

23 (2) in subsection (d), as so redesignated, by 

24 striking ‘‘or (d)’’. 


smartinez on DSKB9S0YB1PROD with BILLS
110 

HR 5136 PCS1S 

1 (b) REPEAL OF REPORT ON DISPOSITION OF RE2 SERVE EQUIPMENT.—Title III of the John Warner Na3 tional Defense Authorization Act for Fiscal Year 2007 

4 (Public Law 109–364) is amended by striking section 349. 

5 (c) REPEAL OF REPORT ON READINESS OF GROUND

6 FORCES.—Title III of the National Defense Authorization 

7 Act for Fiscal Year 2008 (Public Law 110–181) is amend8 ed by striking section 355. 

9 SEC. 334. REPORT ON AIR SOVEREIGNTY ALERT MISSION. 

10 (a) REPORT REQUIRED.—Not later than March 1, 

11 2011, the Commander of the United States Northern 

12 Command and the North American Aerospace Defense 

13 Command (hereinafter in this section referred to as 

14 ‘‘NORTHCOM’’) shall submit to the Committee on Armed 

15 Services of the Senate and the Committee on Armed Serv16 ice of the House of Representatives a report on the Air 

17 Sovereignty Alert (hereinafter in this section referred to 

18 as ‘‘ASA’’) Mission and Operation Noble Eagle (herein19 after in this section referred to as ‘‘ONE’’). 

20 (b) CONSULTATION.—NORTHCOM shall consult 

21 with the Director of the National Guard Bureau who shall 

22 be authorized to review and provide independent analysis 

23 and comments on the report required under subsection 

24 (a). 


smartinez on DSKB9S0YB1PROD with BILLS
111 

HR 5136 PCS1S 

1 (c) CONTENTS OF REPORT.—The report required 

2 under subsection (a) shall include each of the following: 

3 (1) An evaluation of the current ASA mission 

4 and ONE. 

5 (2) An evaluation of each of the following: 

6 (A) The current ability to perform the mis7 sion with regards to training, equipment, fund8 ing, and military construction. 

9 (B) Any current deficiencies in the mis10 sion. 

11 (C) Any changes in threats which would 

12 allow for any change in number of ASA sites or 

13 force structure required to support the ASA 

14 mission. 

15 (D) Future ability to perform the ASA 

16 mission with current and programmed equip17 ment. 

18 (E) Coverage of units with respect to— 

19 (i) population centers covered; 

20 (ii) targets of value covered, including 

21 symbolic (national monuments, sports 

22 venue, and centers of commerce), critical 

23 infrastructure (nuclear plants, dams, 

24 bridges, and telecommunication nodes) and 


smartinez on DSKB9S0YB1PROD with BILLS
112 

HR 5136 PCS1S 

1 national security (military bases and or2 gans of government); and 

3 (iii) an unclassified, notional area of 

4 responsibility conforming to the unclassi5 fied response time of unit represented 

6 graphically on a map and detailing total 

7 population covered and number of targets 

8 described in clause (ii). 

9 (3) Status of implementation of the rec10 ommendations made in the Government Account11 ability Office Report entitled ‘‘Actions Needed to 

12 Improve Management of Air Sovereignty Alert Oper13 ations to Protect U.S. Airspace’’ (GAO–09–184). 

14 (d) MEANS OF DELIVERY OF REPORT.—The report 

15 required by subsection (a) shall be unclassified, and 

16 NORTHCOM shall brief the Committees on Armed Serv17 ices of the Senate and House of Representatives at the 

18 appropriate classification level. 

19 SEC. 335. REPORT ON THE SEAD/DEAD MISSION REQUIRE20 MENT FOR THE AIR FORCE. 

21 (a) REPORT REQUIRED.—Not later than 120 days 

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

23 of the Air Force shall submit to the Committee on Armed 

24 Services of the Senate and the Committee on Armed Serv25 ice of the House of Representatives a report describing 


smartinez on DSKB9S0YB1PROD with BILLS
113 

HR 5136 PCS1S 

1 the feasibility and desirability of designating the Suppres2 sion of Enemy Air Defenses/Destruction of Enemy Air De3 fenses (hereinafter in this section referred to as ‘‘SEAD/ 

4 DEAD’’) mission as a responsibility of the Air National 

5 Guard. 

6 (b) CONTENTS OF REPORT.—The report required 

7 under subsection (a) shall include each of the following: 

8 (1) An evaluation of the SEAD/DEAD mission, 

9 as in effect on the date of the enactment of this Act. 

10 (2) An evaluation of the following with respect 

11 to the SEAD/DEAD mission: 

12 (A) The current ability of the Air National 

13 Guard to perform the mission with regards to 

14 training, equipment, funding, and military con15 struction. 

16 (B) Any current deficiencies of the Air Na17 tional Guard to perform the mission. 

18 (C) The corrective actions and costs re19 quired to address any deficiencies described in 

20 subparagraph (B). 

21 (D) The need for SEAD/DEAD ranges to 

22 be constructed on existing ranges operated, con23 trolled, or used by Air National Guard units 

24 based on geographic considerations of proximity 

25 and utility. 


smartinez on DSKB9S0YB1PROD with BILLS
114 

HR 5136 PCS1S 

1 (c) CONSULTATION.—The Secretary of the Air Force 

2 shall consult with the Director of the National Guard Bu3 reau who shall be authorized to review and provide inde4 pendent analysis and comments on the report required 

5 under subsection (a). 

6 SEC. 336. REQUIREMENT TO UPDATE STUDY ON STRATEGIC 

7 SEAPORTS. 

8 The Commander of the United States Transportation 

9 Command shall update the study entitled ‘‘PORT LOOK 

10 2008 Strategic Seaports Study’’. In updating the study 

11 under this section, the commander shall consider the in12 frastructure in the vicinity of a strategic port, including 

13 bridges, roads, and rail, and any issues relating to the ca14 pacity and condition of such infrastructure. 

15 SEC. 337. STUDY AND REPORT ON FEASIBILITY OF JOINT 

16 USAGE OF THE NASA SHUTTLE LOGISTICS 

17 DEPOT. 

18 (a) STUDY.—The Secretary of Defense, in conjunc19 tion with the Administrator of the National Aeronautics 

20 and Space Administration, shall conduct a study of the 

21 feasibility of joint usage of the National Aeronautics and 

22 Space Administration Shuttle Logistics Depot in Cape Ca23 naveral, Florida, to supplement requirements for products 

24 and services in support of reset initiatives, Advanced 

25 Technology Clusters, engineering and reverse engineering 


smartinez on DSKB9S0YB1PROD with BILLS
115 

HR 5136 PCS1S 

1 analysis, and development of innovative technology and 

2 processes to improve product procurement and reduce 

3 risk, cost, and cycle time of system delivery. 

4 (b) REPORT.—Not later than 90 days after the date 

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

6 to the committees on Armed Services of the Senate and 

7 House of Representatives a report on the study required 

8 under subsection (a). 

9 Subtitle E—Limitations and 

10 Extensions of Authority 

11 SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE 

12 LANDING FEES CHARGED FOR USE OF DO13 MESTIC MILITARY AIRFIELDS BY CIVIL AIR14 CRAFT. 

15 (a) IN GENERAL.—Chapter 159 of title 10, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 2697. Acceptance and use of landing fees charged 

19 for use of domestic military airfields by 

20 civil aircraft 

21 ‘‘(a) AUTHORITY.—The Secretary of a military de22 partment may impose landing fees for the use by civil air23 craft of domestic military airfields under the jurisdiction 

24 of that Secretary and may use any fees received under 


smartinez on DSKB9S0YB1PROD with BILLS
116 

HR 5136 PCS1S 

1 this section as a source of funding for the operation and 

2 maintenance of airfields of that department. 

3 ‘‘(b) UNIFORM LANDING FEES.—The Secretary of 

4 Defense shall prescribe the amount of the landing fees 

5 that may be imposed under this section. Such fees shall 

6 be uniform among the military departments. 

7 ‘‘(c) USE OF PROCEEDS.—Amounts received for a 

8 fiscal year in payment of landing fees imposed under this 

9 section for the use of a military airfield shall be credited 

10 to the appropriation that is available for that fiscal year 

11 for the operation and maintenance of that military airfield, 

12 shall be merged with amounts in the appropriation to 

13 which credited, and shall be available for that military air14 field for the same period and purposes as the appropria15 tion is available.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of such chapter is amended by adding 

18 at the end the following new item: 

‘‘2697. Acceptance and use of landing fees charged for use of domestic military 

airfields by civil aircraft.’’. 

19 SEC. 342. IMPROVEMENT AND EXTENSION OF ARSENAL 

20 SUPPORT PROGRAM INITIATIVE. 

21 (a) IMPROVEMENT.— 

22 (1) IN GENERAL.—Section 343 of the Floyd D. 

23 Spence National Defense Authorization Act for FisVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
117 

HR 5136 PCS1S 

1 cal Year 2001 (Public Law 106–398; 10 U.S.C. 

2 4551 note) is amended— 

3 (A) in subsection (b), by striking para4 graphs (3) and (4) and redesignating para5 graphs (5) through (11) as paragraphs (3) 

6 through (9), respectively; 

7 (B) by striking subsection (d) and redesig8 nating subsections (e), (f), and (g) as sub9 sections (d), (e), and (f), respectively. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) shall take effect on the date of the 

12 enactment of this Act. 

13 (b) PRIORITIZATION OF PROGRAM PURPOSES.—The 

14 Secretary of the Army shall— 

15 (1) prioritize the purposes of the Arsenal Sup16 port Program Initiative under section 343(b) of the 

17 Floyd D. Spence National Defense Authorization 

18 Act for Fiscal Year 2001 (Public Law 106–398; 

19 U.S.C. 4551 note), as amended by subsection 

20 (a)(1)(A); and 

21 (2) issue guidance to the appropriate commands 

22 reflecting such priorities. 

23 (c) EXTENSION.— 


smartinez on DSKB9S0YB1PROD with BILLS
118 

HR 5136 PCS1S 

1 (1) IN GENERAL.—Such section, as amended by 

2 subsection (a)(1) of this section, is further amend3 ed— 

4 (A) in subsection (a), by striking ‘‘2010’’ 

5 and inserting ‘‘2012’’; and 

6 (B) in paragraph (1) of subsection (f), as 

7 redesignated by subsection (a)(1)(B) of this 

8 section, by striking ‘‘2010’’ and inserting 

9 ‘‘2012’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) shall take effect on the date of the 

12 submittal of the report required under subsection 

13 (d). 

14 (d) REPORT REQUIRED.—Not later than 90 days 

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

16 of the Army shall submit to Congress a report on the Arse17 nal Support Program Initiative that includes— 

18 (1) the Secretary’s determination with respect 

19 to the Army’s highest priorities from among the pur20 poses of the Arsenal Support Program Initiative 

21 under section 343(b) of the Floyd D. Spence Na22 tional Defense Authorization Act for Fiscal Year 

23 2001 (Public Law 106–398; U.S.C. 4551 note), as 

24 amended by subsection (a)(1)(A), reflecting the Sec25 retary’s overall strategy to achieve desired results; 


smartinez on DSKB9S0YB1PROD with BILLS
119 

HR 5136 PCS1S 

1 (2) performance goals for the Arsenal Support 

2 Program Initiative; and 

3 (3) outcome-focused performance measures to 

4 assess the progress the Army has made toward ad5 dressing the purposes of the Arsenal Support Pro6 gram Initiative. 

7 SEC. 343. EXTENSION OF AUTHORITY TO REIMBURSE EX8 PENSES FOR CERTAIN NAVY MESS OPER9 ATIONS. 

10 Section 1014(b) of the Duncan Hunter National De11 fense Authorization Act for Fiscal Year 2009 (Public Law 

12 110–417; 122 Stat. 4585) is amended by striking ‘‘Sep13 tember 30, 2010’’ and inserting ‘‘September 30, 2012’’. 

14 SEC. 344. LIMITATION ON OBLIGATION OF FUNDS FOR THE 

15 ARMY HUMAN TERRAIN SYSTEM. 

16 (a) LIMITATION.—Of the amounts authorized to be 

17 appropriated for the Human Terrain System (hereinafter 

18 in this section referred to as the ‘‘HTS’’) that are de19 scribed in subsection (b), not more than 50 percent of the 

20 amounts remaining unobligated as of the date of enact21 ment of this Act may be obligated until the Secretary of 

22 the Army submits to the congressional defense committees 

23 each of the following: 

24 (1) The independent assessment of the HTS 

25 called for in the report of the Committee on Armed 


smartinez on DSKB9S0YB1PROD with BILLS
120 

HR 5136 PCS1S 

1 Services of the House of Representatives accom2 panying the National Defense Authorization Act for 

3 Fiscal Year 2010 (H. Rept. 111–166). 

4 (2) A validation of all HTS requirements, in5 cluding any prior joint urgent operations needs 

6 statements. 

7 (3) A certification that policies, procedures, and 

8 guidance are in place to protect the integrity of so9 cial science researchers participating in HTS, includ10 ing ethical guidelines and human studies research 

11 procedures. 

12 (b) COVERED AUTHORIZATIONS OR APPROPRIA13 TIONS.—The amounts authorized to be appropriated de14 scribed in this subsection are amounts authorized to be 

15 appropriated for fiscal year 2011, including such amounts 

16 authorized to be appropriated for oversees contingency op17 erations, for— 

18 (1) Operation and maintenance for HTS; 

19 (2) Procurement for Mapping the Human Ter20 rain hardware and software; and 

21 (3) Research, development, test, and evaluation 

22 for Mapping the Human Terrain hardware and soft23 ware. 


smartinez on DSKB9S0YB1PROD with BILLS
121 

HR 5136 PCS1S 

1 SEC. 345. LIMITATION ON OBLIGATION OF FUNDS PENDING 

2 SUBMISSION OF CLASSIFIED JUSTIFICATION 

3 MATERIAL. 

4 Of the amounts authorized to be appropriated in this 

5 title for fiscal year 2011 for the Office of the Secretary 

6 of Defense for budget activity four, line 270, not more 

7 than 90 percent may be obligated until 15 days after the 

8 information cited in the classified annex accompanying 

9 this Act relating to the provision of classified justification 

10 material to Congress is provided to the congressional de11 fense committees. 

12 SEC. 346. LIMITATION ON RETIREMENT OF C–130 AIRCRAFT 

13 FROM AIR FORCE INVENTORY. 

14 The Secretary of the Air Force may not take any ac15 tion to retire any C–130 aircraft from the inventory of 

16 the Air Force until 30 days after the date on which the 

17 Secretary submits to the congressional defense committees 

18 a written agreement between the Director of the Air Na19 tional Guard, the Commander of Air Force Reserve Com20 mand, and the Chief of Staff of the Air Force. The agree21 ment shall specify the following: 

22 (1) The number of and type of C–130 aircraft 

23 to be transferred, on a temporary basis, from the 

24 Air National Guard to the Air Force. 


smartinez on DSKB9S0YB1PROD with BILLS
122 

HR 5136 PCS1S 

1 (2) The schedule by which any C–130 aircraft 

2 transferred to the Air Force will be returned to the 

3 Air National Guard. 

4 (3) A description of the condition, including the 

5 estimated remaining service life, in which the C–130 

6 aircraft will be returned to the Air National Guard 

7 following the period during which the aircraft are on 

8 loan to the Air Force. 

9 (4) A description of the allocation of resources, 

10 including the designation of responsibility for fund11 ing aircraft operations and maintenance, in fiscal 

12 year 2011, and detailed description of budgetary re13 sponsibilities through the remaining period the air14 craft are on loan to the Air Force. 

15 (5) The designation of responsibility for fund16 ing depot maintenance requirements or modifications 

17 to the aircraft during the period the aircraft are on 

18 loan with the Air Force, or otherwise generated as 

19 a result of transfer. 

20 (6) The locations from which the C–130 air21 craft will be transferred. 

22 (7) The manpower planning and certification 

23 that such a transfer will not result in manpower au24 thorization reductions or resourcing at the Air Na25 tional Guard facilities identified in paragraph (6). 


smartinez on DSKB9S0YB1PROD with BILLS
123 

HR 5136 PCS1S 

1 (8) The manner by which Air National Guard 

2 personnel affected by the transfer will maintain their 

3 skills and proficiencies in order to preserve readiness 

4 at the affected units. 

5 (9) Any other items the Director of the Air Na6 tional Guard or the Commander of Air Force Re7 serve Command determine are necessary in order to 

8 ensure such a transfer will not negatively impact the 

9 ability of the Air National Guard and Air Force Re10 serve to accomplish their respective missions. 

11 SEC. 347. COMMERCIAL SALE OF SMALL ARMS AMMUNI12 TION IN EXCESS OF MILITARY REQUIRE13 MENTS. 

14 (a) COMMERCIAL SALE OF SMALL ARMS AMMUNI15 TION.—Small arms ammunition and ammunition compo16 nents in excess of military requirements, including fired 

17 cartridge cases, which is not otherwise prohibited from 

18 commercial sale or certified by the Secretary of Defense 

19 as unserviceable or unsafe, may not be demilitarized or 

20 destroyed and shall be made available for commercial sale. 

21 (b) DEADLINE FOR GUIDANCE.—Not later than 90 

22 days after the date of the enactment of this Act, the Sec23 retary of Defense shall issue guidance to ensure compli24 ance with subsection (a). Not later than 15 days after 

25 issuing such guidance, the Secretary shall submit to the 


smartinez on DSKB9S0YB1PROD with BILLS
124 

HR 5136 PCS1S 

1 congressional defense committees a letter of compliance 

2 providing notice of such guidance. 

3 SEC. 348. LIMITATION ON AIR FORCE FISCAL YEAR 2011 

4 FORCE STRUCTURE ANNOUNCEMENT IMPLE5 MENTATION. 

6 None of the amounts authorized to be appropriated 

7 by this Act or otherwise made available for fiscal year 

8 2011 may be obligated or expended for the purpose of im9 plementing the Air Force fiscal year 2011 Force Structure 

10 Announcement until 45 days after— 

11 (1) the Secretary of the Air Force provides a 

12 detailed report to the Committees on Armed Services 

13 of the Senate and House of Representatives on the 

14 follow-on missions for bases affected by the 2010 

15 Combat Air Forces restructure; and 

16 (2) the Secretary of the Air Force certifies to 

17 the Committees on Armed Services of the Senate 

18 and House of Representatives that the Air Sov19 ereignty Alert Mission will be fully resourced with 

20 required funding, personnel, and aircraft. 


smartinez on DSKB9S0YB1PROD with BILLS
125 

HR 5136 PCS1S 

1 Subtitle F—Other Matters 

2 SEC. 351. EXPEDITED PROCESSING OF BACKGROUND IN3 VESTIGATIONS FOR CERTAIN INDIVIDUALS. 

4 (a) EXPEDITED PROCESSING OF SECURITY CLEAR5 ANCES.—Section 1564 of title 10, United States Code, is 

6 amended— 

7 (1) by striking subsection (a) and inserting the 

8 following new subsection (a): 

9 ‘‘(a) EXPEDITED PROCESS.—The Secretary of De10 fense may prescribe a process for expediting the comple11 tion of the background investigations necessary for grant12 ing security clearances for— 

13 ‘‘(1) Department of Defense personnel and De14 partment of Defense contractor personnel who are 

15 engaged in sensitive duties that are critical to the 

16 national security; and 

17 ‘‘(2) any individual who submits an application 

18 for a position as an employee of the Department of 

19 Defense for which a security clearance is required 

20 who is a member of the armed forces who was re21 tired or separated for physical disability pursuant to 

22 chapter 61 of this title.’’; and 

23 (2) by adding at the end the following new sub24 section: 


smartinez on DSKB9S0YB1PROD with BILLS
126 

HR 5136 PCS1S 

1 ‘‘(f) USE OF APPROPRIATED FUNDS.—The Secretary 

2 of Defense may use funds authorized to be appropriated 

3 to the Department of Defense for operation and mainte4 nance to conduct background investigations under this 

5 section for individuals described in subsection (a)(2).’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall apply with respect to a background 

8 investigation conducted after the date of the enactment 

9 of this Act. 

10 SEC. 352. ADOPTION OF MILITARY WORKING DOGS BY FAM11 ILY MEMBERS OF DECEASED OR SERIOUSLY 

12 WOUNDED MEMBERS OF THE ARMED FORCES 

13 WHO WERE HANDLERS OF THE DOGS. 

14 Section 2583(c) of title 10, United States Code, is 

15 amended— 

16 (1) by inserting ‘‘(1)’’ before ‘‘Military ani17 mals’’; and 

18 (2) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) For purposes of making a determination under 

21 subsection (a)(2), unusual or extraordinary circumstances 

22 may include situations in which the handler of a military 

23 working dog is a member of the armed forces who is killed 

24 in action, dies of wounds received in action, or is so seri25 ously wounded in action that the member will (or most 


smartinez on DSKB9S0YB1PROD with BILLS
127 

HR 5136 PCS1S 

1 likely will) receive a medical discharge. If the Secretary 

2 of the military department concerned determines that an 

3 adoption is justified in such a situation, the military work4 ing dog shall be made available for adoption only by the 

5 immediate family of the member.’’. 

6 SEC. 353. REVISION TO AUTHORITIES RELATING TO TRANS7 PORTATION OF CIVILIAN PASSENGERS AND 

8 COMMERCIAL CARGOES BY DEPARTMENT OF 

9 DEFENSE WHEN SPACE UNAVAILABLE ON 

10 COMMERCIAL LINES. 

11 (a) TRANSPORTATION ON DOD VEHICLES AND AIR12 CRAFT.—Subsection (a) of section 2649 of title 10, United 

13 States Code, is amended— 

14 (1) by inserting ‘‘AUTHORITY.—’’ before 

15 ‘‘Whenever’’; and 

16 (2) by inserting ‘‘, vehicles, or aircraft’’ in the 

17 first sentence after ‘‘vessels’’ both places it appears. 

18 (b) AMOUNTS CHARGED FOR TRANSPORTATION IN

19 EMERGENCY, DISASTER, OR HUMANITARIAN RESPONSE

20 CASES.— 

21 (1) LIMITATION ON AMOUNTS CHARGED.—The 

22 second sentence of subsection (a) of such section is 

23 amended by inserting before the period the fol24 lowing: ‘‘, except that in the case of transportation 

25 provided in response to an emergency, a disaster, or 


smartinez on DSKB9S0YB1PROD with BILLS
128 

HR 5136 PCS1S 

1 a request for humanitarian assistance, any amount 

2 charged for such transportation may not exceed the 

3 cost of providing the transportation’’. 

4 (2) CREDITING OF RECEIPTS.—Subsection (b) 

5 of such section is amended by striking ‘‘Amounts’’ 

6 and inserting ‘‘CREDITING OF RECEIPTS.—Any 

7 amount received under this section with respect to 

8 transportation provided in response to an emer9 gency, a disaster, or a request for humanitarian as10 sistance may be credited to the appropriation, fund, 

11 or account used in incurring the obligation for which 

12 such amount is received. In all other cases, 

13 amounts’’. 

14 (c) TRANSPORTATION DURING CONTINGENCIES OR

15 DISASTER RESPONSES.—Such section is further amended 

16 by adding at the end the following new subsection: 

17 ‘‘(c) TRANSPORTATION OF ALLIED PERSONNEL

18 DURING CONTINGENCIES OR DISASTER RESPONSES.—(1) 

19 During the 5-year period beginning on the date of the en20 actment of the National Defense Authorization Act for 

21 Fiscal Year 2011, when space is available on vessels, vehi22 cles, or aircraft operated by the Department of Defense 

23 and the Secretary of Defense determines that operations 

24 in the area of a contingency operation or disaster response 

25 would be facilitated if allied forces or civilians were to be 


smartinez on DSKB9S0YB1PROD with BILLS
129 

HR 5136 PCS1S 

1 transported using such vessels, vehicles, or aircraft, the 

2 Secretary may provide such transportation on a noninter3 ference basis, without charge. 

4 ‘‘(2) Not later than March 1 of each year following 

5 a year in which the Secretary provides transportation 

6 under paragraph (1), the Secretary shall submit to the 

7 Committees on Armed Services of the Senate and House 

8 of Representatives a report describing, in detail, the trans9 portation so provided during that year. Each such report 

10 shall include a description of each of the following: 

11 ‘‘(A) How the authority under paragraph (1) 

12 was used during the year covered by the report. 

13 ‘‘(B) The frequency with which such authority 

14 was used during that year. 

15 ‘‘(C) The rationale of the Secretary for each 

16 such use of the authority. 

17 ‘‘(D) The total cost of the transportation pro18 vided under paragraph (1) during that year. 

19 ‘‘(E) The appropriation, fund, or account cred20 ited and the total amount received as a result of pro21 viding transportation under paragraph (1) during 

22 that year.’’. 

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). 


smartinez on DSKB9S0YB1PROD with BILLS
130 

HR 5136 PCS1S 

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. 354. 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’’. 


smartinez on DSKB9S0YB1PROD with BILLS
131 

HR 5136 PCS1S 

1 SEC. 355. INVENTORY AND STUDY OF BUDGET MODELING 

2 AND SIMULATION TOOLS. 

3 (a) INVENTORY.— 

4 (1) INVENTORY REQUIRED.—The Comptroller 

5 General of the United States shall perform an inven6 tory of all modeling and simulation tools used by the 

7 Department of Defense to develop and analyze the 

8 Department’s annual budget submission and to sup9 port decision making inside the budget process. In 

10 carrying out the inventory, the Comptroller General 

11 shall identify the purpose, scope, and levels of vali12 dation, verification, and accreditation of each such 

13 model and simulation. 

14 (2) REPORT.—Not later than December 1, 

15 2010, the Comptroller General shall submit to Com16 mittees on Armed Services of the Senate and House 

17 of Representatives and the Secretary of Defense a 

18 report on the inventory under paragraph (1) and the 

19 findings of the Comptroller General in carrying out 

20 the inventory. 

21 (b) STUDY.— 

22 (1) STUDY REQUIRED.—By not later than Jan23 uary 15, 2011, the Secretary of Defense shall seek 

24 to enter into a contract with a federally funded re25 search and development center to carry out a study 

26 examining the requirements for and capabilities of 


smartinez on DSKB9S0YB1PROD with BILLS
132 

HR 5136 PCS1S 

1 modeling and simulation tools used by the Depart2 ment of Defense to support the annual budget proc3 ess. A contract entered into under this paragraph 

4 shall specify that in carrying out the study, the cen5 ter shall— 

6 (A) use the inventory performed by the 

7 Comptroller General under subsection (a) as a 

8 baseline; 

9 (B) examine the efficacy and sufficiency of 

10 the modeling and simulation tools used by the 

11 Department of Defense to support the develop12 ment, analysis, and decision-making associated 

13 with the construction and validation of require14 ments used as a basis for the annual budget 

15 process of the Department; 

16 (C) examine the requirements and any ca17 pability gaps with respect to such modeling and 

18 simulation tools; 

19 (D) provide recommendations as to how 

20 the Department should best address the re21 quirements and fill the capabilities gaps identi22 fied under subparagraph (C); 

23 (E) identify annual investment levels in 

24 modeling and simulation tools and certifications 

25 required to achieve a high degree of confidence 


smartinez on DSKB9S0YB1PROD with BILLS
133 

HR 5136 PCS1S 

1 in the relationship between the Department’s 

2 mission effectiveness and the budget materials 

3 submitted to the President by the Secretary of 

4 Defense in connection with the submission to 

5 Congress, pursuant to section 1105 of title 31, 

6 United States Code, of the budget for a fiscal 

7 year; 

8 (F) examine the verification, validation, 

9 and accreditation requirements for each of the 

10 military services and provide recommendations 

11 with respect to establishing uniform standards 

12 for such requirements across all of the military 

13 services; and 

14 (G) recommend improvements to enhance 

15 the confidence, efficacy, and sufficiency of the 

16 modeling and simulation tools used by the De17 partment of Defense in the development of the 

18 annual budget. 

19 (2) REPORT.—Not later than January 1, 2012, 

20 the chief executive officer of the center that carries 

21 out the study pursuant to a contract under para22 graph (1) shall submit to the Committees on Armed 

23 Services of the Senate and House of Representatives 

24 a report on the findings of the study. 


smartinez on DSKB9S0YB1PROD with BILLS
134 

HR 5136 PCS1S 

1 SEC. 356. SENSE OF CONGRESS REGARDING CONTINUED 

2 IMPORTANCE OF HIGH-ALTITUDE AVIATION 

3 TRAINING SITE, COLORADO. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) The High-Altitude Aviation Training Site in 

7 Gypsum, Colorado, is the only Department of De8 fense aviation school that provides an opportunity 

9 for rotor-wing military pilots to train in high-alti10 tude, mountainous terrain, under full gross weight 

11 and power management operations. 

12 (2) The High-Altitude Aviation Training Site is 

13 operated by the Colorado Army National Guard and 

14 is available to pilots of all branches of the Armed 

15 Forces and to pilots of allied countries. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) the High-Altitude Army Aviation Training 

19 Site continues to be critically important to ensuring 

20 the readiness and capabilities of rotor-wing military 

21 pilots; and 

22 (2) the Department of Defense should take all 

23 appropriate actions to prevent encroachment on the 

24 High-Altitude Army Aviation Training Site. 


smartinez on DSKB9S0YB1PROD with BILLS
135 

HR 5136 PCS1S 

1 SEC. 357. DEPARTMENT OF DEFENSE STUDY ON SIMU2 LATED TACTICAL FLIGHT TRAINING IN A SUS3 TAINED G ENVIRONMENT. 

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

5 shall conduct a study on the effectiveness of simulated tac6 tical flight training in a sustained g environment. In con7 ducting the study, the Secretary shall include all relevant 

8 factors, including each of the following: 

9 (1) Training effectiveness. 

10 (2) Cost reductions. 

11 (3) Safety. 

12 (4) Research benefits. 

13 (5) Carbon emissions reduction. 

14 (6) Lifecycles of training aircraft. 

15 (b) DEADLINE FOR COMPLETION.—The study re16 quired by subsection (a) shall be completed not later than 

17 18 months after the date of the enactment of this Act. 

18 (c) SUBMISSION TO CONGRESS.—Upon completion of 

19 the study required by subsection (a), the Secretary shall 

20 submit the results of the study to the congressional de21 fense committees. 

22 SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF 

23 OBSTRUCTIONS ON MILITARY INSTALLA24 TIONS AND OPERATIONS. 

25 (a) DESIGNATION OF DEPARTMENT ORGANIZA26 TION.—Not later than 60 days after the date of the enactVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
136 

HR 5136 PCS1S 

1 ment of this Act, the Secretary of Defense shall designate 

2 a single organization within the Department of Defense 

3 to— 

4 (1) serve as the executive agent to carry out the 

5 study required by subsection (b); 

6 (2) serve as a clearinghouse to review applica7 tions filed with the Secretary of Transportation pur8 suant to section 44718 of title 49, United States 

9 Code, and received by the Department of Defense 

10 from the Secretary of Transportation; and 

11 (3) accelerate the development of planning tools 

12 to provide preliminary notice as to the acceptability 

13 to the Department of Defense of proposals included 

14 in an application submitted pursuant to such sec15 tion. 

16 (b) MILITARY INSTALLATIONS AND OPERATIONS IM17 PACT STUDY.— 

18 (1) STUDY REQUIRED.—Not later than 180 

19 days after the date of the enactment of this Act, the 

20 Secretary of Defense shall carry out a study to iden21 tify any areas where military installations and mili22 tary operations, including the use of air navigation 

23 facilities, navigable airspace, military training 

24 routes, and air defense radars, could be affected by 

25 any proposed construction, alteration, establishment, 


smartinez on DSKB9S0YB1PROD with BILLS
137 

HR 5136 PCS1S 

1 or expansion of a structure described in section 

2 44718 of title 49, United States Code. 

3 (2) MILITARY MISSION IMPACT ZONES.—The 

4 Secretary of Defense shall publish a notice of the 

5 areas identified pursuant to the study under para6 graph (1). Such areas shall be known as ‘‘military 

7 mission impact zones’’. 

8 (c) EFFECT OF DEPARTMENT OF DEFENSE HAZARD

9 ASSESSMENT.—A notice under subsection (a)(3) or (b)(2) 

10 shall not be considered to be a substitute for any assess11 ment required by the Secretary of Transportation under 

12 section 44718 of title 49, United States Code. 

13 (d) SAVINGS PROVISION.—Nothing in this section 

14 shall be construed to affect or limit the application of, or 

15 any obligation to comply with, any environmental law, in16 cluding the National Environmental Policy Act (42 U.S.C. 

17 4321 et seq.). 

18 (e) DEFINITIONS.—In this section: 

19 (1) The term ‘‘military training route’’ means a 

20 training route developed as part of the Military 

21 Training Route Program, carried out jointly by the 

22 Federal Aviation Administration and the Secretary 

23 Defense, for use by the Armed Forces for the pur24 pose of conducting low-altitude, high-speed military 

25 training. 


smartinez on DSKB9S0YB1PROD with BILLS
138 

HR 5136 PCS1S 

1 (2) The term ‘‘high value military training 

2 route’’ means a military training route that is in the 

3 highest quartile of military training routes used by 

4 the Department of Defense with respect to frequency 

5 of use. 

6 (3) The term ‘‘military installation’’ has the 

7 meaning given that term in section 2801(c)(4) of 

8 title 10, United States Code. 

9 (4) The term ‘‘military operation’’ means mili10 tary navigable airspace, including high value military 

11 training routes, air defense radars, special use air12 space, warning areas, and other military related sys13 tems. 

14 SEC. 359. SENSE OF CONGRESS REGARDING FIRE-RESIST15 ANT UTILITY ENSEMBLES FOR NATIONAL 

16 GUARD PERSONNEL IN CIVIL AUTHORITY 

17 MISSIONS. 

18 It is the sense of Congress that the Chief of the Na19 tional Guard Bureau should issue fire-resistant utility en20 sembles to National Guard personnel who are engaged, or 

21 likely to become engaged, in defense support to civil au22 thority missions that routinely involve serious fire hazards, 

23 such as wildfire recovery efforts. 


smartinez on DSKB9S0YB1PROD with BILLS
139 

HR 5136 PCS1S 

1 SEC. 360. AUTHORITY TO MAKE EXCESS NONLETHAL SUP2 PLIES AVAILABLE FOR DOMESTIC EMER3 GENCY ASSISTANCE. 

4 (a) DOMESTIC AUTHORITY.—Section 2557 of title 

5 10, United States Code, is amended— 

6 (1) in subsection (a)(1), by adding at the end 

7 the following new sentence: ‘‘In addition, the Sec8 retary may make nonlethal excess supplies of the 

9 Department available to support domestic emergency 

10 assistance activities.’’; and 

11 (2) in subsection (b)— 

12 (A) by inserting ‘‘(1)’’ before ‘‘Excess’’; 

13 and 

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

15 paragraph: 

16 ‘‘(2) Excess supplies made available under this sec17 tion to support domestic emergency assistance activities 

18 shall be transferred to the Secretary of Homeland Secu19 rity. The Secretary of Defense may provide assistance in 

20 the distribution of such supplies at the request of the Sec21 retary of Homeland Security.’’. 

22 (b) CLERICAL AMENDMENTS.— 

23 (1) SECTION HEADING.—The heading of such 

24 section is amended to read as follows: 


smartinez on DSKB9S0YB1PROD with BILLS
140 

HR 5136 PCS1S 

1 ‘‘§ 2557. Excess nonlethal supplies: availability for hu2 manitarian relief, domestic emergency 

3 assistance, and homeless veterans assist4 ance’’. 

5 (2) TABLE OF SECTIONS.—The item relating to 

6 such section in the table of sections at the beginning 

7 of chapter 152 of such title is amended to read as 

8 follows: 

‘‘2557. Excess nonlethal supplies: availability for humanitarian relief, domestic 

emergency assistance, and homeless veterans assistance.’’. 

9 SEC. 361. RECOVERY OF MISSING DEPARTMENT OF DE10 FENSE PROPERTY. 

11 (a) IN GENERAL.—Section 2789 of title 10, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 2789. Recovery of Department of Defense property: 

14 unauthorized or improper disposition 

15 ‘‘(a) PROHIBITIONS.—No member of the armed 

16 forces, civilian employee of the Government, employee or 

17 agent of a contractor, or any other person may sell, lend, 

18 pledge, barter, give, transfer, or otherwise dispose of any 

19 clothing, arms, articles, equipment, or any other military 

20 or Department of Defense property— 

21 ‘‘(1) to any person not authorized to receive the 

22 property in accordance with applicable requirements 

23 established by the Department of Defense or a com24 ponent thereof; or 


smartinez on DSKB9S0YB1PROD with BILLS
141 

HR 5136 PCS1S 

1 ‘‘(2) in violation of applicable demilitarization 

2 regulations of the Department of Defense or a com3 ponent thereof. 

4 ‘‘(b) SEIZURE OF IMPROPERLY DISPOSED OF PROP5 ERTY.—If a member of the armed forces, civilian employee 

6 of the Government, employee or agent of a contractor, or 

7 any other person has improperly disposed of military or 

8 Department of Defense property in violation of subsection 

9 (a), any civil or military officer of the United States or 

10 any State or local law enforcement official may seize the 

11 property, wherever found. Title to military or Department 

12 of Defense property disposed of in violation of subsection 

13 (a) remains with the United States. Possession of such 

14 property by a person who is neither a member of the 

15 armed forces nor an official of the United States is prima 

16 facie evidence that the property has been disposed of in 

17 violation of subsection (a). 

18 ‘‘(c) DELIVERY OF SEIZED PROPERTY.—Any official 

19 who seizes property under subsection (b) and is not au20 thorized to retain it for the United States shall imme21 diately deliver the property to an authorized member of 

22 the armed forces or other authorized official of the De23 partment of Defense or the Department of Justice. 

24 ‘‘(d) RETROACTIVE ENFORCEMENT AUTHORIZED.— 

25 This section shall apply to any military or Department of 


smartinez on DSKB9S0YB1PROD with BILLS
142 

HR 5136 PCS1S 

1 Defense property which was the subject of unauthorized 

2 disposition any time after January 1, 2002. This section 

3 shall apply to significant military equipment which was the 

4 subject of unauthorized disposition at any time. 

5 ‘‘(e) SEVERABILITY CLAUSE.—In the event that any 

6 portion of this section is held unenforceable, all other por7 tions of this section shall remain in full force and effect. 

8 ‘‘(f) DEFINITION.—In this section, the term ‘signifi9 cant military equipment’ means defense articles on the 

10 United States Munitions List for which special export con11 trols are warranted because of their capacity for substan12 tial military utility or capability.’’. 

13 (b) CLERICAL AMENDMENT.—The item relating to 

14 such section in the table of sections at the beginning of 

15 chapter 165 of such title is amended to read as follows: 

‘‘2789. Recovery of Department of Defense property: unauthorized or improper 

disposition.’’. 

16 SEC. 362. AUTHORITY FOR PAYMENT OF FULL REPLACE17 MENT VALUE FOR LOSS OR DAMAGE TO 

18 HOUSEHOLD GOODS IN LIMITED CASES NOT 

19 COVERED BY CARRIER LIABILITY. 

20 (a) CLAIMS AUTHORITY.— 

21 (1) IN GENERAL.—Chapter 163 of title 10, 

22 United States Code, is amended by adding at the 

23 end the following new section: 


smartinez on DSKB9S0YB1PROD with BILLS
143 

HR 5136 PCS1S 

1 ‘‘§ 2740. Property loss: reimbursement of members 

2 and civilian employees for full replace3 ment value of household effects when 

4 contractor reimbursement not available 

5 ‘‘The Secretary of Defense and the Secretaries of the 

6 military departments, in paying a claim under section 

7 3721 of title 31 arising from loss or damage to household 

8 goods stored or transported at the expense of the Depart9 ment of Defense, may pay the claim on the basis of full 

10 replacement value in any of the following cases in which 

11 reimbursement for the full replacement value for the loss 

12 or damage is not available directly from a carrier under 

13 section 2636a of this title: 

14 ‘‘(1) A case in which— 

15 ‘‘(A) the lost or damaged goods were 

16 stored or transported under a contract, tender, 

17 or solicitation in accordance with section 2636a 

18 of this title that requires the transportation 

19 service provider to settle claims on the basis of 

20 full replacement value; and 

21 ‘‘(B) the loss or damage occurred under 

22 circumstances that exclude the transportation 

23 service provider from liability. 

24 ‘‘(2) A case in which— 

25 ‘‘(A) the loss or damage occurred while the 

26 lost or damaged goods were in the possession of 


smartinez on DSKB9S0YB1PROD with BILLS
144 

HR 5136 PCS1S 

1 an ocean carrier that was transporting, loading, 

2 or unloading the goods under a Department of 

3 Defense contract for ocean carriage; and 

4 ‘‘(B) the land-based portions of the trans5 portation were under contracts, in accordance 

6 with section 2636a of this title, that require the 

7 land carriers to settle claims on the basis of full 

8 replacement value. 

9 ‘‘(3) A case in which— 

10 ‘‘(A) the lost or damaged goods were 

11 transported or stored under a contract or solici12 tation that requires at least one of the trans13 portation service providers or carriers that han14 dled the shipment to settle claims on the basis 

15 of full replacement value pursuant to section 

16 2636a of this title; 

17 ‘‘(B) the lost or damaged goods have been 

18 in the custody of more than one independent 

19 contractor or transportation service provider; 

20 and 

21 ‘‘(C) a claim submitted to the delivering 

22 transportation service provider or carrier is de23 nied in whole or in part because the loss or 

24 damage occurred while the lost or damaged 

25 goods were in the custody of a prior transporVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
145 

HR 5136 PCS1S 

1 tation service provider or carrier or government 

2 entity.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended 

5 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.’’. 

6 (b) EFFECTIVE DATE.—Section 2740 of title 10, 

7 United States Code, as added by subsection (a), shall 

8 apply with respect to losses incurred after the date of the 

9 enactment of this Act. 

10 TITLE IV—MILITARY 

11 PERSONNEL AUTHORIZATIONS 

12 Subtitle A—Active Forces 

13 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

14 The Armed Forces are authorized strengths for active 

15 duty personnel as of September 30, 2011, as follows: 

16 (1) The Army, 569,400. 

17 (2) The Navy, 328,700. 

18 (3) The Marine Corps, 202,100. 

19 (4) The Air Force, 332,200. 

20 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

21 STRENGTH MINIMUM LEVELS. 

22 Section 691(b) of title 10, United States Code, is 

23 amended by striking paragraphs (1) through (4) and in24 serting the following new paragraphs: 


smartinez on DSKB9S0YB1PROD with BILLS
146 

HR 5136 PCS1S 

1 ‘‘(1) For the Army, 547,400. 

2 ‘‘(2) For the Navy, 324,300. 

3 ‘‘(3) For the Marine Corps, 202,100. 

4 ‘‘(4) For the Air Force, 332,200.’’. 

5 Subtitle B—Reserve Forces 

6 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

7 (a) IN GENERAL.—The Armed Forces are authorized 

8 strengths for Selected Reserve personnel of the reserve 

9 components as of September 30, 2011, as follows: 

10 (1) The Army National Guard of the United 

11 States, 358,200. 

12 (2) The Army Reserve, 205,000. 

13 (3) The Navy Reserve, 65,500. 

14 (4) The Marine Corps Reserve, 39,600. 

15 (5) The Air National Guard of the United 

16 States, 106,700. 

17 (6) The Air Force Reserve, 71,200. 

18 (7) The Coast Guard Reserve, 10,000. 

19 (b) END STRENGTH REDUCTIONS.—The end 

20 strengths prescribed by subsection (a) for the Selected Re21 serve of any reserve component shall be proportionately 

22 reduced by— 

23 (1) the total authorized strength of units orga24 nized to serve as units of the Selected Reserve of 


smartinez on DSKB9S0YB1PROD with BILLS
147 

HR 5136 PCS1S 

1 such component which are on active duty (other 

2 than for training) at the end of the fiscal year; and 

3 (2) the total number of individual members not 

4 in units organized to serve as units of the Selected 

5 Reserve of such component who are on active duty 

6 (other than for training or for unsatisfactory partici7 pation in training) without their consent at the end 

8 of the fiscal year. 

9 (c) END STRENGTH INCREASES.—Whenever units or 

10 individual members of the Selected Reserve of any reserve 

11 component are released from active duty during any fiscal 

12 year, the end strength prescribed for such fiscal year for 

13 the Selected Reserve of such reserve component shall be 

14 increased proportionately by the total authorized strengths 

15 of such units and by the total number of such individual 

16 members. 

17 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

18 DUTY IN SUPPORT OF THE RESERVES. 

19 Within the end strengths prescribed in section 

20 411(a), the reserve components of the Armed Forces are 

21 authorized, as of September 30, 2011, the following num22 ber of Reserves to be serving on full-time active duty or 

23 full-time duty, in the case of members of the National 

24 Guard, for the purpose of organizing, administering, re25 cruiting, instructing, or training the reserve components: 


smartinez on DSKB9S0YB1PROD with BILLS
148 

HR 5136 PCS1S 

1 (1) The Army National Guard of the United 

2 States, 32,060. 

3 (2) The Army Reserve, 16,261. 

4 (3) The Navy Reserve, 10,688. 

5 (4) The Marine Corps Reserve, 2,261. 

6 (5) The Air National Guard of the United 

7 States, 14,584. 

8 (6) The Air Force Reserve, 2,992. 

9 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

10 (DUAL STATUS). 

11 The minimum number of military technicians (dual 

12 status) as of the last day of fiscal year 2011 for the re13 serve components of the Army and the Air Force (notwith14 standing section 129 of title 10, United States Code) shall 

15 be the following: 

16 (1) For the Army Reserve, 8,395. 

17 (2) For the Army National Guard of the United 

18 States, 27,210. 

19 (3) For the Air Force Reserve, 10,720. 

20 (4) For the Air National Guard of the United 

21 States, 22,394. 

22 SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF 

23 NON-DUAL STATUS TECHNICIANS. 

24 (a) LIMITATIONS.— 


smartinez on DSKB9S0YB1PROD with BILLS
149 

HR 5136 PCS1S 

1 (1) NATIONAL GUARD.—Within the limitation 

2 provided in section 10217(c)(2) of title 10, United 

3 States Code, the number of non-dual status techni4 cians employed by the National Guard as of Sep5 tember 30, 2011, may not exceed the following: 

6 (A) For the Army National Guard of the 

7 United States, 2,520. 

8 (B) For the Air National Guard of the 

9 United States, 350. 

10 (2) ARMY RESERVE.—The number of non-dual 

11 status technicians employed by the Army Reserve as 

12 of September 30, 2011, may not exceed 595. 

13 (3) AIR FORCE RESERVE.—The number of non14 dual status technicians employed by the Air Force 

15 Reserve as of September 30, 2011, may not exceed 

16 90. 

17 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

18 this section, the term ‘‘non-dual status technician’’ has the 

19 meaning given that term in section 10217(a) of title 10, 

20 United States Code. 

21 (c) CONFORMING AMENDMENT TO ANNUAL LIMITA22 TION ON NON-DUAL STATUS TECHNICIANS FOR THE

23 ARMY NATIONAL GUARD.—Section 10217(c)(2) of title 

24 10, United States Code, is amended by striking ‘‘1,950’’ 

25 and inserting ‘‘2,870’’. 


smartinez on DSKB9S0YB1PROD with BILLS
150 

HR 5136 PCS1S 

1 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU2 THORIZED TO BE ON ACTIVE DUTY FOR 

3 OPERATIONAL SUPPORT. 

4 During fiscal year 2011, the maximum number of 

5 members of the reserve components of the Armed Forces 

6 who may be serving at any time on full-time operational 

7 support duty under section 115(b) of title 10, United 

8 States Code, is the following: 

9 (1) The Army National Guard of the United 

10 States, 17,000. 

11 (2) The Army Reserve, 13,000. 

12 (3) The Navy Reserve, 6,200. 

13 (4) The Marine Corps Reserve, 3,000. 

14 (5) The Air National Guard of the United 

15 States, 16,000. 

16 (6) The Air Force Reserve, 14,000. 

17 Subtitle C—Authorization of 

18 Appropriations 

19 SEC. 421. MILITARY PERSONNEL. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 hereby authorized to be appropriated to the Department 

22 of Defense for military personnel for fiscal year 2011 a 

23 total of $138,540,700,000. 

24 (b) CONSTRUCTION OF AUTHORIZATION.—The au25 thorization of appropriations in subsection (a) supersedes 


smartinez on DSKB9S0YB1PROD with BILLS
151 

HR 5136 PCS1S 

1 any other authorization of appropriations (definite or in2 definite) for such purpose for fiscal year 2011. 

3 TITLE V—MILITARY PERSONNEL 

4 POLICY 

5 Subtitle A—Officer Personnel 

6 Policy Generally 

7 SEC. 501. AGE FOR HEALTH CARE PROFESSIONAL APPOINT8 MENTS AND MANDATORY RETIREMENTS. 

9 (a) AGE FOR ORIGINAL APPOINTMENT AS A HEALTH

10 PROFESSIONS OFFICER.—Section 532(d)(2) of title 10, 

11 United States Code, is amended by striking ‘‘reserve’’. 

12 (b) ADDITIONAL CATEGORIES OF OFFICERS ELIGI13 BLE FOR DEFERRAL OF MANDATORY RETIREMENT FOR

14 AGE.—Section 1251(b) of such title is amended— 

15 (1) in paragraph (1), by striking ‘‘the officer 

16 will be performing duties consisting primarily of pro17 viding patient care or performing other clinical du18 ties.’’ and inserting ‘‘the officer— 

19 ‘‘(A) will be performing duties consisting pri20 marily of providing patient care or performing other 

21 clinical duties; or 

22 ‘‘(B) is in a category of officers designated 

23 under subparagraph (D) of paragraph (2) whose du24 ties will consist primarily of the duties described in 

25 clause (i), (ii), or (iii) of such subparagraph.’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
152 

HR 5136 PCS1S 

1 (2) in paragraph (2)— 

2 (A) by striking ‘‘or’’ at the end of subpara3 graph (B); 

4 (B) by striking the period at the end of 

5 subparagraph (C) and inserting ‘‘; or’’; and 

6 (C) by adding at the end the following new 

7 subparagraph: 

8 ‘‘(D) an officer in a category of officers des9 ignated by the Secretary concerned for the purposes 

10 of this paragraph as consisting of officers whose du11 ties consist primarily of— 

12 ‘‘(i) providing health care; 

13 ‘‘(ii) performing other clinical care; or 

14 ‘‘(iii) performing health-care related ad15 ministrative duties.’’. 

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 


smartinez on DSKB9S0YB1PROD with BILLS
153 

HR 5136 PCS1S 

1 respect to an armed force under the jurisdiction of 

2 the Secretary of a military department, the Sec3 retary may provide by regulation that appointments 

4 in that grade shall be made by commission’’. 

5 (2) APPOINTING AUTHORITY.—The second sen6 tence of section 571(b) of such title is amended by 

7 inserting before the period at the end the following: 

8 ‘‘, and appointments in the grade of regular warrant 

9 officer, W–1 (whether by warrant or commission), 

10 shall be made by the President, except that appoint11 ments in that grade in the Coast Guard shall be 

12 made by the Secretary of Homeland Security when 

13 it is not operating as a service in the Department 

14 of the Navy’’. 

15 (b) RESERVE OFFICERS.—Subsection (b) of section 

16 12241 of such title is amended to read as follows: 

17 ‘‘(b) Appointments in permanent reserve warrant of18 ficer grades shall be made in the same manner as is pre19 scribed for regular warrant officer grades by section 

20 571(b) of this title.’’. 

21 (c) PRESIDENTIAL FUNCTIONS.—Except as other22 wise provided by the President by Executive order, the 

23 provisions of Executive Order No. 13384 (10 U.S.C. 531 

24 note) relating to the functions of the President under the 

25 second sentence of section 571(b) of title 10, United 


smartinez on DSKB9S0YB1PROD with BILLS
154 

HR 5136 PCS1S 

1 States Code, shall apply in the same manner to the func2 tions of the President under section 12241(b) of title 10, 

3 United States Code. 

4 SEC. 503. NONDISCLOSURE OF INFORMATION FROM DIS5 CUSSIONS, DELIBERATIONS, NOTES, AND 

6 RECORDS OF SPECIAL SELECTION BOARDS. 

7 (a) NONDISCLOSURE OF BOARD PROCEEDINGS.— 

8 Section 613a of title 10, United States Code, is amend9 ed— 

10 (1) by striking subsection (a) and inserting the 

11 following new subsection: 

12 ‘‘(a) PROHIBITION ON DISCLOSURE.—The pro13 ceedings of a selection board convened under section 573, 

14 611, or 628 of this title may not be disclosed to any person 

15 not a member of the board, except as authorized or re16 quired to process the report of the board. This prohibition 

17 is a statutory exemption from disclosure, as described in 

18 section 552(b)(3) of title 5.’’; 

19 (2) in subsection (b), by striking ‘‘AND

20 RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 

21 and 

22 (3) by adding at the end the following new sub23 section: 

24 ‘‘(c) APPLICABILITY.—This section applies to all se25 lection boards convened under section 573, 611, or 628 


smartinez on DSKB9S0YB1PROD with BILLS
155 

HR 5136 PCS1S 

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 


smartinez on DSKB9S0YB1PROD with BILLS
156 

HR 5136 PCS1S 

1 this title, regardless of the date on which the board was 

2 convened.’’. 

3 SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM 

4 LIST OF OFFICERS RECOMMENDED FOR PRO5 MOTION. 

6 (a) ACTIVE-DUTY LIST.—Section 629 of title 10, 

7 United States Code, is amended— 

8 (1) by redesignating subsection (d) as sub9 section (e); and 

10 (2) by inserting after subsection (c) the fol11 lowing new subsection (d): 

12 ‘‘(d) ADMINISTRATIVE REMOVAL.—If an officer on 

13 the active-duty list is discharged or dropped from the rolls, 

14 transferred to a retired status, or found to have been erro15 neously included in a zone of consideration, after having 

16 been recommended for promotion to a higher grade under 

17 this chapter, but before being promoted, the officer shall 

18 be administratively removed from the promotion list under 

19 regulations prescribed by the Secretary concerned.’’. 

20 (b) RESERVE ACTIVE-STATUS LIST.—Section 14310 

21 of such title is amended— 

22 (1) by redesignating subsection (d) as sub23 section (e); and 

24 (2) by inserting after subsection (c) the fol25 lowing new subsection (d): 


smartinez on DSKB9S0YB1PROD with BILLS
157 

HR 5136 PCS1S 

1 ‘‘(d) ADMINISTRATIVE REMOVAL.—If an officer on 

2 the reserve active-status list is discharged or dropped from 

3 the rolls, transferred to a retired status, or found to have 

4 been erroneously included in a zone of consideration, after 

5 having been recommended for promotion to a higher grade 

6 under this chapter or after having been found qualified 

7 for Federal recognition in the higher grade under title 32, 

8 but before being promoted, the officer shall be administra9 tively removed from the promotion list under regulations 

10 prescribed by the Secretary concerned.’’. 

11 SEC. 505. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS 

12 OF INQUIRY FOR SEPARATION OF REGULAR 

13 OFFICERS FOR SUBSTANDARD PERFORM14 ANCE AND OTHER REASONS. 

15 (a) ACTIVE DUTY.—Section 1187 of title 10, United 

16 States Code, is amended— 

17 (1) in subsection (a), by striking paragraphs 

18 (2) and (3) and inserting the following new para19 graphs: 

20 ‘‘(2) Each member of the board shall be senior 

21 in rank or grade to the officer being required to 

22 show cause for retention on active duty. 

23 ‘‘(3) At least one member of the board— 

24 ‘‘(A) shall be in or above the grade of 

25 major or lieutenant commander, if the grade of 


smartinez on DSKB9S0YB1PROD with BILLS
158 

HR 5136 PCS1S 

1 the officer being required to show cause for re2 tention on active duty is below the grade of 

3 major or lieutenant commander; or 

4 ‘‘(B) shall be in a grade above lieutenant 

5 colonel or commander, if the grade of the offi6 cer being required to show cause for retention 

7 on active duty is major or lieutenant com8 mander or above.’’; 

9 (2) in subsection (b), by striking ‘‘that officer— 

10 ’’ and all that follows through the period at the end 

11 and inserting ‘‘that officer meets the grade require12 ments of subsection (a)(2).’’; and 

13 (3) by adding at the end the following new sub14 section: 

15 ‘‘(e) REGULATIONS.—The Secretary of a military de16 partment may prescribe regulations limiting the eligibility 

17 of officers to serve on a board convened under this chapter 

18 to officers who, while otherwise qualified, are in the opin19 ion of the Secretary best suited for that duty by reason 

20 of age, education, training, experience, length of service, 

21 or temperament.’’. 

22 (b) RESERVES.—Section 14906 of such title is 

23 amended— 


smartinez on DSKB9S0YB1PROD with BILLS
159 

HR 5136 PCS1S 

1 (1) in subsection (a), by striking paragraphs 

2 (2) and (3) and inserting the following new para3 graphs: 

4 ‘‘(2) Each member of the board shall be senior 

5 in rank or grade to the officer being required to 

6 show cause for retention in an active status. 

7 ‘‘(3) At least one member of the board— 

8 ‘‘(A) shall be in or above the grade of 

9 major or lieutenant commander, if the grade of 

10 the officer being required to show cause for re11 tention in an active status is below the grade of 

12 major or lieutenant commander; or 

13 ‘‘(B) shall be in a grade above lieutenant 

14 colonel or commander, if the grade of the offi15 cer being required to show cause for retention 

16 in an active status is major or lieutenant com17 mander or above.’’; and 

18 (2) by adding at the end the following new sub19 section: 

20 ‘‘(c) REGULATIONS.—The Secretary of a military de21 partment may prescribe regulations limiting the eligibility 

22 of officers to serve on a board convened under this chapter 

23 to officers who, while otherwise qualified, are in the opin24 ion of the Secretary best suited for that duty by reason 


smartinez on DSKB9S0YB1PROD with BILLS
160 

HR 5136 PCS1S 

1 of age, education, training, experience, length of service, 

2 or temperament.’’. 

3 SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM 

4 LENGTH OF ACTIVE SERVICE AS A COMMIS5 SIONED OFFICER REQUIRED FOR VOL6 UNTARY RETIREMENT AS AN OFFICER. 

7 (a) ARMY.—Section 3911(b)(2) of title 10, United 

8 States Code, is amended by striking ‘‘January 6, 2006, 

9 and ending on December 31, 2008’’ and inserting ‘‘the 

10 date of the enactment of the National Defense Authoriza11 tion Act for Fiscal Year 2011 and ending on September 

12 30, 2013’’. 

13 (b) NAVY AND MARINE CORPS.—Section 

14 6323(a)(2)(B) of such title is amended by striking ‘‘Janu15 ary 6, 2006, and ending on December 31, 2008’’ and in16 serting ‘‘the date of the enactment of the National De17 fense Authorization Act for Fiscal Year 2011 and ending 

18 on September 30, 2013’’. 

19 (c) AIR FORCE.—Section 8911(b)(2) of such title is 

20 amended by striking ‘‘January 6, 2006, and ending on De21 cember 31, 2008’’ and inserting ‘‘the date of the enact22 ment of the National Defense Authorization Act for Fiscal 

23 Year 2011 and ending on September 30, 2013’’. 


smartinez on DSKB9S0YB1PROD with BILLS
161 

HR 5136 PCS1S 

1 Subtitle B—Reserve Component 

2 Management 

3 SEC. 511. PRESEPARATION COUNSELING FOR MEMBERS OF 

4 THE RESERVE COMPONENTS. 

5 (a) REQUIREMENT; EXCEPTION.—Subsection (a)(1) 

6 of section 1142 of title 10, United States Code, is amend7 ed— 

8 (1) in the first sentence— 

9 (A) by striking ‘‘Within’’ and inserting 

10 ‘‘(A) Within’’; and 

11 (B) by striking ‘‘of each member’’ and all 

12 that follows through the period at the end of 

13 the sentence and inserting the following: ‘‘of— 

14 ‘‘(i) each member of the armed forces whose 

15 discharge or release from active duty is anticipated 

16 as of a specific date; and 

17 ‘‘(ii) each member of a reserve component not 

18 covered by clause (i) whose discharge or release from 

19 service is anticipated as of a specific date.’’; and 

20 (2) in the second sentence, by striking ‘‘A nota21 tion of the provision of such counseling’’ and insert22 ing the following: 

23 ‘‘(B) A notation of the provision of preseparation 

24 counseling’’. 


smartinez on DSKB9S0YB1PROD with BILLS
162 

HR 5136 PCS1S 

1 (b) CLARIFICATION OF COVERED MATTERS.—Sub2 section (b)(7) of such section is amended by striking 

3 ‘‘from active duty’’. 

4 SEC. 512. MILITARY CORRECTION BOARD REMEDIES FOR 

5 NATIONAL GUARD MEMBERS. 

6 Subsection (a) of section 1552 of title 10, United 

7 States Code, is amended— 

8 (1) in paragraph (1), by striking ‘‘military 

9 record of the Secretary’s department’’ and inserting 

10 ‘‘military record of an armed force, including reserve 

11 components thereof, under the jurisdiction of the 

12 Secretary’’; and 

13 (2) by adding at the end the following new 

14 paragraph: 

15 ‘‘(5) In the case of a member of the National Guard, 

16 the authority to correct any military record of the member 

17 under this section extends only to records generated while 

18 the member was in Federal service and does not apply to 

19 matters related to State government policy and procedures 

20 related to its National Guard.’’. 

21 SEC. 513. REMOVAL OF STATUTORY DISTRIBUTION LIMITS 

22 ON NAVY RESERVE FLAG OFFICER ALLOCA23 TION. 

24 Section 12004(c) of title 10, United States Code, is 

25 amended— 


smartinez on DSKB9S0YB1PROD with BILLS
163 

HR 5136 PCS1S 

1 (1) by striking paragraphs (2), (3), and (5); 

2 and 

3 (2) by redesignating paragraph (4) as para4 graph (2). 

5 SEC. 514. ASSIGNMENT OF AIR FORCE RESERVE MILITARY 

6 TECHNICIANS (DUAL STATUS) TO POSITIONS 

7 OUTSIDE AIR FORCE RESERVE UNIT PRO8 GRAM. 

9 Section 10216(d) of title 10, United States Code, is 

10 amended by adding at the end the following new para11 graph: 

12 ‘‘(3) Paragraph (1) does not apply to a military tech13 nician (dual status) who is employed by the Air Force Re14 serve in an area other than the Air Force Reserve unit 

15 program, except that not more than 50 of such technicians 

16 may be assigned outside of the unit program at the same 

17 time.’’. 

18 SEC. 515. TEMPORARY AUTHORITY FOR TEMPORARY EM19 PLOYMENT OF NON-DUAL STATUS MILITARY 

20 TECHNICIANS. 

21 Section 10217 of title 10, United States Code, is 

22 amended— 

23 (1) in subsection (a)— 

24 (A) by striking ‘‘or’’ at the end of para25 graph (1); 


smartinez on DSKB9S0YB1PROD with BILLS
164 

HR 5136 PCS1S 

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. 


smartinez on DSKB9S0YB1PROD with BILLS
165 

HR 5136 PCS1S 

1 ‘‘(3) No persons may be hired under the authority 

2 of this subsection after the end of the 2-year period begin3 ning on the date of the enactment of this subsection.’’. 

4 SEC. 516. REVISED STRUCTURE AND FUNCTIONS OF RE5 SERVE FORCES POLICY BOARD. 

6 (a) REVISED STRUCTURE AND FUNCTIONS.—Section 

7 10301 of title 10, United States Code, is amended to read 

8 as follows: 

9 ‘‘§ 10301. Reserve Forces Policy Board 

10 ‘‘(a) FUNCTIONS.—As provided in section 175 of this 

11 title, there is in the Office of the Secretary of Defense 

12 a Reserve Forces Policy Board. The Board shall serve as 

13 an independent adviser to the Secretary of Defense to pro14 vide advice and recommendations to the Secretary on 

15 strategies, policies, and practices designed to improve and 

16 enhance the capabilities, efficiency, and effectiveness of 

17 the reserve components. The Board shall report directly 

18 to the Secretary to provide independent advice and rec19 ommendations to the Secretary on matters relating to the 

20 and reserve components. 

21 ‘‘(b) MEMBERSHIP.—The Board consists of 20 mem22 bers, appointed or designated as follows: 

23 ‘‘(1) A civilian chairman appointed by the Sec24 retary of Defense, who shall be a person who the 

25 Secretary determines has the knowledge of, and exVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
166 

HR 5136 PCS1S 

1 perience in, policy matters relevant to national secu2 rity and reserve component matters required to 

3 carry out the duties of chairman. 

4 ‘‘(2) Two reserve general officers designated by 

5 the Secretary of Defense upon the recommendation 

6 of the Secretary of the Army, one of whom shall be 

7 a member of the Army National Guard of the 

8 United States and one of whom shall be a member 

9 of the Army Reserve. 

10 ‘‘(3) Two reserve officers designated by the Sec11 retary of Defense upon the recommendation of the 

12 Secretary of the Navy, one of whom shall be a Navy 

13 Reserve flag officer and one of whom shall be a Ma14 rine Corps Reserve general officer. 

15 ‘‘(4) Two reserve general officers designated by 

16 the Secretary of Defense upon the recommendation 

17 of the Secretary of the Air Force, one of whom shall 

18 be a member of the Air National Guard of the 

19 United States and one of whom shall be a member 

20 of the Air Force Reserve. 

21 ‘‘(5) One Coast Guard flag officer designated 

22 by the Secretary of Homeland Security when the 

23 Coast Guard is not operating as a service within the 

24 Department of the Navy, or designated by the Sec25 retary of Defense, upon the recommendation of the 


smartinez on DSKB9S0YB1PROD with BILLS
167 

HR 5136 PCS1S 

1 Secretary of the Navy, when the Coast Guard is op2 erating as a service in the Navy under section 3 of 

3 title 14. 

4 ‘‘(6) Ten persons appointed or designated by 

5 the Secretary of Defense, each of whom shall be a 

6 United States citizen and have significant knowledge 

7 of and experience in policy matters relevant to na8 tional security and reserve component matters and 

9 shall be one of the following: 

10 ‘‘(A) An individual not employed in any 

11 Federal or State department or agency. 

12 ‘‘(B) An individual employed by a Federal 

13 or State department or agency. 

14 ‘‘(C) An officer of a regular component on 

15 active duty, or an officer of a reserve compo16 nent in an active status, who has served or is 

17 serving in a senior position on the Joint Staff, 

18 a combatant command headquarters staff, or a 

19 service headquarters staff. 

20 ‘‘(7) A reserve officer of the Army, Navy, Air 

21 Force, or Marine Corps who is a general or flag offi22 cer recommended by the chairman and designated by 

23 the Secretary of Defense, who shall serve without 

24 vote— 

25 ‘‘(A) as military adviser to the chairman; 


smartinez on DSKB9S0YB1PROD with BILLS
168 

HR 5136 PCS1S 

1 ‘‘(B) as military executive officer of the 

2 Board; and 

3 ‘‘(C) as supervisor of the Board operations 

4 and staff. 

5 ‘‘(8) A senior enlisted member of a reserve com6 ponent recommended by the chairman and appointed 

7 by the Secretary of Defense, who shall serve without 

8 vote as enlisted military adviser to the chairman. 

9 ‘‘(c) INDEPENDENT ADVICE.—In the case of a mem10 ber of the Board who is an officer or employee of the De11 partment of Defense or a member of the armed forces, 

12 the advice provided in that member’s capacity as a mem13 ber of the Board shall be rendered independently of the 

14 Board member’s other duties as an officer or employee 

15 of the Department of Defense or member of the armed 

16 forces. 

17 ‘‘(d) MATTERS TO BE ACTED ON.—The Board shall 

18 act on those matters referred to it by the chairman and 

19 on any matter raised by a member of the Board. 

20 ‘‘(e) STAFF.—The Board shall be supported by a 

21 staff consisting of one full-time officer from each of the 

22 reserve components listed in paragraphs (1) through (6) 

23 of section 10101 of this title who holds the grade of colo24 nel, or in the case of the Navy the grade of captain, or 

25 who has been selected for promotion to that grade. These 


smartinez on DSKB9S0YB1PROD with BILLS
169 

HR 5136 PCS1S 

1 officers shall also serve as liaisons between their respective 

2 components and the Board. They shall perform their staff 

3 and liaison duties under the supervision of the military 

4 executive in an independent manner reflecting the inde5 pendent nature of the Board. 

6 ‘‘(f) RELATIONSHIP TO SERVICE RESERVE POLICY

7 COMMITTEES AND BOARDS.—This section does not affect 

8 the committees and boards prescribed within the military 

9 departments by sections 10302 through 10305 of this 

10 title, and a member of such a committee or board may, 

11 if otherwise eligible, be a member of the Board.’’. 

12 (b) BOARD MEMBERSHIP TRANSITION PROVISION.— 

13 The members of the Reserve Forces Policy Board as of 

14 the date of the enactment of this Act shall continue to 

15 serve on the Board in accordance with their respective 

16 terms of service as of such date, and except to ensure that 

17 the positions of chairman and military executive of the 

18 Board continue to be filled, and to ensure that the reserve 

19 components listed in paragraphs (1) through (7) of section 

20 10101 of title 10, United States Code, continue to have 

21 representation, no appointment or designation of a mem22 ber of the Board may be made after such date until the 

23 number of voting members of the Board is fewer than 18. 

24 Once the number of voting members is fewer than 18, va25 cancies in the Board membership shall be filled in accordVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
170 

HR 5136 PCS1S 

1 ance with section 10301 of title 10, United States Code, 

2 as amended by subsection (a). 

3 (c) 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 ‘‘any reserve component matter’’. 

8 SEC. 517. MERIT SYSTEMS PROTECTION BOARD AND JUDI9 CIAL REMEDIES FOR NATIONAL GUARD 

10 TECHNICIANS. 

11 (a) ELIMINATION OF RESTRICTED RIGHT OF AP12 PEAL.— 

13 (1) CURRENT RESTRICTION TO ADJUTANT GEN14 ERAL.—Subsection (f) of section 709 of title 32, 

15 United States Code, is amended by striking para16 graph (4). 

17 (2) STYLISTIC AND CONFORMING AMEND18 MENTS.—Such subsection is further amended— 

19 (A) by striking the material preceding 

20 paragraph (1); 

21 (B) by capitalizing the first word in para22 graphs (1), (2), (3), and (5); 

23 (C) by striking the semicolon at the end of 

24 paragraphs (1), (2), and (3) and inserting a pe25 riod; 


smartinez on DSKB9S0YB1PROD with BILLS
171 

HR 5136 PCS1S 

1 (D) by redesignating paragraph (5) as 

2 paragraph (4); and 

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

4 paragraph: 

5 ‘‘(5) This subsection shall be carried out under 

6 regulations prescribed by the Secretary concerned.’’. 

7 (b) APPLICATION OF CERTAIN TITLE 5 PROVI8 SIONS.—Section 709(g) of title 32, United States Code, 

9 is amended by striking ‘‘Sections 2108, 3502, 7511, and 

10 7512’’ and inserting ‘‘Section 2108’’. 

11 (c) APPLICATION OF ADVERSE ACTIONS SUB12 CHAPTER.—Section 7511(b) of title 5, United States 

13 Code, is amended— 

14 (1) by striking paragraph (5); and 

15 (2) by redesignating paragraphs (6) through 

16 (10) as paragraphs (5) through (9), respectively. 

17 Subtitle C—Joint Qualified Officers 

18 and Requirements 

19 SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT 

20 MATTERS FOR PURPOSES OF JOINT OFFICER 

21 MANAGEMENT. 

22 Section 668(a) of title 10, United States Code, is 

23 amended— 

24 (1) in paragraph (1)— 


smartinez on DSKB9S0YB1PROD with BILLS
172 

HR 5136 PCS1S 

1 (A) by striking ‘‘multiple’’ in the matter 

2 preceding subparagraph (A) and inserting ‘‘in3 tegrated’’; and 

4 (B) by striking ‘‘and’’ at the end of the 

5 subparagraph (D) and inserting ‘‘or’’; and 

6 (2) by striking paragraph (2) and inserting the 

7 following new paragraph: 

8 ‘‘(2) In the context of joint matters, the term ‘inte9 grated military forces’ refers to military forces that are 

10 involved in the planning or execution (or both) of oper11 ations involving participants from— 

12 ‘‘(A) more than one military department; or 

13 ‘‘(B) a military department and one or more of 

14 the following: 

15 ‘‘(i) Other departments and agencies of the 

16 United States. 

17 ‘‘(ii) The military forces or agencies of 

18 other countries. 

19 ‘‘(iii) Non-governmental persons or enti20 ties.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
173 

HR 5136 PCS1S 

1 SEC. 522. CHANGES TO PROCESS INVOLVING PROMOTION 

2 BOARDS FOR JOINT QUALIFIED OFFICERS 

3 AND OFFICERS WITH JOINT STAFF EXPERI4 ENCE. 

5 (a) BOARD COMPOSITION.—Subsection (c) of section 

6 612 of title 10, United States Code, is amended to read 

7 as follows: 

8 ‘‘(c)(1) Each selection board convened under section 

9 611(a) of this title that will consider an officer described 

10 in paragraph (2) shall include at least one officer des11 ignated by the Chairman of the Joint Chiefs of Staff who 

12 is a joint qualified officer. 

13 ‘‘(2) Paragraph (1) applies with respect to an officer 

14 who— 

15 ‘‘(A) is serving in, or has served in, a joint duty 

16 assignment; 

17 ‘‘(B) is serving on, or has served on, the Joint 

18 Staff; or 

19 ‘‘(C) is a joint qualified officer. 

20 ‘‘(3) The Secretary of Defense may waive the require21 ment in paragraph (1) in the case of— 

22 ‘‘(A) any selection board of the Marine Corps; 

23 or 

24 ‘‘(B) any selection board that is considering of25 ficers in specialties identified in paragraph (2) or (3) 

26 of section 619a(b) of this title.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
174 

HR 5136 PCS1S 

1 (b) INFORMATION FURNISHED TO SELECTION

2 BOARDS.—Section 615 of such title is amended by strik3 ing ‘‘in joint duty assignments of officers who are serving, 

4 or have served, in such assignments’’ in subsections (b)(5) 

5 and (c) and inserting ‘‘of officers who are serving on, or 

6 have served on, the Joint Staff or are joint qualified offi7 cers’’. 

8 (c) ACTION ON REPORT OF SELECTION BOARDS.— 

9 Section 618(b) of such title is amended— 

10 (1) in paragraph (1), by striking ‘‘are serving, 

11 or have served, in joint duty assignments’’ and in12 serting ‘‘are serving on, or have served on, the Joint 

13 Staff or are joint qualified officers’’; 

14 (2) in subparagraphs (A) and (B) of paragraph 

15 (2), by striking ‘‘in joint duty assignments of offi16 cers who are serving, or have served, in such assign17 ments’’ and inserting ‘‘of officers who are serving 

18 on, or have served on, the Joint Staff or are joint 

19 qualified officers’’; and 

20 (3) in paragraph (4), by striking ‘‘in joint duty 

21 assignments’’ and inserting ‘‘who are serving on, or 

22 have served on, the Joint Staff or are joint qualified 

23 officers’’. 


smartinez on DSKB9S0YB1PROD with BILLS
175 

HR 5136 PCS1S 

1 SEC. 523. SECURE ELECTRONIC DELIVERY OF CERTIFICATE 

2 OF RELEASE OR DISCHARGE FROM ACTIVE 

3 DUTY (DD FORM 214). 

4 Section 596 of the National Defense Authorization 

5 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

6 1168 note) is amended— 

7 (1) by inserting ‘‘(a) ELECTION TO FORWARD

8 CERTIFICATE TO VA OFFICES—’’ before ‘‘The Sec9 retary of Defense’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) SECURE METHOD OF ELECTRONIC DELIV13 ERY.— 

14 ‘‘(1) DEVELOPMENT AND IMPLEMENTATION.— 

15 The Secretary of Veterans Affairs, in consultation 

16 with the Secretary of Defense, shall develop and im17 plement a secure electronic method of forwarding 

18 the DD Form 214 to the appropriate office specified 

19 in subsection (a)(2). The Secretary of Veterans Af20 fairs shall ensure that the method permits such of21 fices to access the forms electronically using current 

22 computer operating systems. 

23 ‘‘(2) AUTHORITY TO CEASE DELIVERY.—In de24 veloping the secure electronic method of forwarding 

25 DD Forms 214, the Secretary of Veterans Affairs 

26 shall ensure that the information provided is not disVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
176 

HR 5136 PCS1S 

1 closed or used for unauthorized purposes and may 

2 cease forwarding the forms electronically to an office 

3 specified in subsection (a)(2) if demonstrated prob4 lems arise.’’. 

5 Subtitle D—General Service 

6 Authorities 

7 SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO 

8 ORDER RETIRED MEMBERS OF THE ARMED 

9 FORCES TO ACTIVE DUTY IN HIGH-DEMAND, 

10 LOW-DENSITY ASSIGNMENTS. 

11 (a) EXTENSION OF AUTHORITY.—Section 688a(f) of 

12 title 10, United States Code, is amended by striking ‘‘De13 cember 31, 2010’’ and inserting ‘‘December 31, 2012’’. 

14 (b) REPORT REQUIRED.—Not later than April 1, 

15 2011, the Secretary of Defense shall submit to the Com16 mittees on Armed Services of the Senate and the House 

17 of Representatives a report containing an assessment by 

18 the Secretary of the need to extend the authority provided 

19 by section 688a of title 10, United States Code, beyond 

20 December 31, 2012. The report shall include, at a min21 imum, the following: 

22 (1) A list of the current types of high-demand, 

23 low-density capabilities (as defined in such section) 

24 for which the authority is being used to address 

25 operational requirements. 


smartinez on DSKB9S0YB1PROD with BILLS
177 

HR 5136 PCS1S 

1 (2) For each high-demand, low-density capa2 bility included in the list under paragraph (1), the 

3 number of retired members of the Armed Forces 

4 who have served on active duty at any time during 

5 each of fiscal years 2007 through 2010 under the 

6 authority. 

7 (3) A plan to increase the required active duty 

8 strength for the high-demand, low-density capabili9 ties included in the list under paragraph (1) to 

10 eliminate the need to use the authority. 

11 SEC. 532. CORRECTION OF MILITARY RECORDS. 

12 (a) IMPROVED DOCUMENTATION OF CORRECTION

13 BOARD DECISIONS.—Section 1552(a)(3) of title 10, 

14 United States Code, is amended— 

15 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

16 (2) by adding at the end the following new sub17 paragraph: 

18 ‘‘(B) In establishing correction procedures under sub19 paragraph (A), the Secretary of a military department 

20 shall require that a board established under subsection 

21 (a)(1) present its findings and conclusions in an orderly 

22 and itemized fashion, with specific attention given to each 

23 issue presented by the claimant (or heir or representative) 

24 who requested the correction. This requirement applies to 

25 a request for correction received after the date of the enVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
178 

HR 5136 PCS1S 

1 actment of this subparagraph, both during initial consider2 ation of the request and upon subsequent consideration 

3 due to appeal or other circumstances.’’. 

4 (b) IMPROVED DOCUMENTATION OF REVIEW BOARD

5 DECISIONS REGARDING DISCHARGE OR DISMISSAL.—Sec6 tion 1553(b) of such title is amended— 

7 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) In establishing review procedures for use by a 

11 board established under this section, the Secretary of a 

12 military department shall require that the board present 

13 its findings and conclusions in an orderly and itemized 

14 fashion, with specific attention given to each issue pre15 sented by the person who requested the review. This re16 quirement applies to a request for review received after 

17 the date of the enactment of this paragraph, both during 

18 initial consideration of the request and upon subsequent 

19 consideration due to appeal or other circumstances.’’. 

20 (c) BOARDS REVIEWING RETIREMENT OR SEPARA21 TION WITHOUT PAY FOR PHYSICAL DISABILITY.— 

22 (1) MEMBERS ELIGIBLE TO REQUEST RE23 VIEW.—Subsection (a) of section 1554 of such title 

24 is amended— 


smartinez on DSKB9S0YB1PROD with BILLS
179 

HR 5136 PCS1S 

1 (A) by striking ‘‘an officer’’ and inserting 

2 ‘‘a member or former member of the uniformed 

3 services’’; and 

4 (B) by striking ‘‘his case’’ and inserting 

5 ‘‘the member’s case’’. 

6 (2) IMPROVED DOCUMENTATION OF BOARD DE7 CISIONS.—Subsection (b) of such section is amend8 ed— 

9 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

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

11 paragraph: 

12 ‘‘(2) In establishing review procedures for use by a 

13 board established under this section, the Secretary of a 

14 military department shall require that the board present 

15 its findings and conclusions in an orderly and itemized 

16 fashion, with specific attention given to each issue pre17 sented by the person who requested the review. This re18 quirement applies to a request for review received after 

19 the date of the enactment of this paragraph, both during 

20 initial consideration of the request and upon subsequent 

21 consideration due to appeal or other circumstances.’’. 

22 (d) LIMITATION ON REDUCTION IN PERSONNEL AS23 SIGNED TO DUTY WITH SERVICE REVIEW AGENCY.— 

24 1559(a) of such title is amended by striking ‘‘December 

25 31, 2010’’ and inserting ‘‘December 31, 2013’’. 


smartinez on DSKB9S0YB1PROD with BILLS
180 

HR 5136 PCS1S 

1 SEC. 533. MODIFICATION OF CERTIFICATE OF RELEASE OR 

2 DISCHARGE FROM ACTIVE DUTY (DD FORM 

3 214) TO SPECIFICALLY IDENTIFY A SPACE 

4 FOR INCLUSION OF E-MAIL ADDRESS. 

5 The Secretary of Defense shall modify the Certificate 

6 of Release or Discharge from Active Duty (DD Form 214) 

7 to include a new Block, 19c., titled ‘‘ELECTRONIC MAIL8 ING (E-MAIL) ADDRESS AFTER SEPARATION’’ in 

9 order to permit a member of the Armed Forces to include 

10 an email address at which the member may be reached 

11 after the member’s discharge or release. 

12 SEC. 534. RECOGNITION OF ROLE OF FEMALE MEMBERS OF 

13 THE ARMED FORCES AND DEPARTMENT OF 

14 DEFENSE REVIEW OF MILITARY OCCUPA15 TIONAL SPECIALTIES AVAILABLE TO FEMALE 

16 MEMBERS. 

17 (a) FINDINGS.—Congress make the following find18 ings: 

19 (1) Women are and have historically been an 

20 import part of all United States war efforts, volun21 tarily serving in every military conflict in United 

22 States history, including the Revolutionary War. 

23 (2) Approximately 34,000 women served in the 

24 Armed Forces in World War I, approximately 

25 400,000 served in World War II, approximately 

26 120,000 served in the Korean War, over 7,000 


smartinez on DSKB9S0YB1PROD with BILLS
181 

HR 5136 PCS1S 

1 served in the Vietnam War, and more than 41,000 

2 served in the first Gulf War. 

3 (3) Over 350,000 women serving in the Armed 

4 Forces make up approximate 15 percent of all active 

5 duty personnel, 15 percent of Reserves, and 17 per6 cent of the National Guard. 

7 (4) Over 225,349 women have served in Oper8 ation Iraqi Freedom or Operation Enduring Free9 dom as members of the Armed Forces. 

10 (5) At least 120 female members of the Armed 

11 Forces have been killed in Iraq or Afghanistan, and, 

12 of the women killed, 66 were killed in combat. 

13 (6) The nature of war has changed in Iraq and 

14 Afghanistan, and, despite the prohibition on female 

15 members of the Armed Forces serving in combat, so 

16 has the role of female members of the Armed 

17 Forces. 

18 (b) OFFICIAL RECOGNITION.—Congress— 

19 (1) honors women who have served, and women 

20 who are currently serving, as members of the Armed 

21 Forces; and 

22 (2) encourages all people in the United States 

23 to recognize the service and achievements of female 

24 members of the Armed Forces and female veterans. 

25 (c) REVIEWS REQUIRED.— 


smartinez on DSKB9S0YB1PROD with BILLS
182 

HR 5136 PCS1S 

1 (1) REVIEWS; ELEMENTS.—The Secretary of 

2 Defense shall conduct a review of military occupa3 tional positions available to female members of the 

4 Armed Forces for the purpose of ensuring that fe5 male members have the maximum opportunity to 

6 compete and excel in the Armed Forces. The Sec7 retary of Defense, in coordination with the Secre8 taries of the military departments, also shall review 

9 the collocation policy and other policies and regula10 tions that restrict the service of female members to 

11 determine whether changes are needed, including 

12 legislative change, if necessary, to enhance the abil13 ity of women to serve in the Armed Forces. 

14 (2) SUBMISSION OF RESULTS.—Not later than 

15 February 1, 2011, the Secretary of Defense shall 

16 submit to the congressional defense committee a re17 port containing the results of the reviews. 

18 SEC. 535. MATTERS COVERED BY PRESEPARATION COUN19 SELING FOR MEMBERS OF THE ARMED 

20 FORCES AND THEIR SPOUSES. 

21 Section 1142(b) of title 10, United States Code, is 

22 amended— 

23 (1) in paragraph (5), by striking ‘‘job place24 ment counseling for the spouse’’ and inserting ‘‘in25 clusion of the spouse when counseling regarding the 


smartinez on DSKB9S0YB1PROD with BILLS
183 

HR 5136 PCS1S 

1 matters covered by paragraphs (9), (10), and (16) 

2 is provided, job placement counseling for the spouse, 

3 and the provision of information on survivor benefits 

4 available under the laws administered by the Sec5 retary of Defense or the Secretary of Veterans Af6 fairs’’; 

7 (2) in paragraph (9), by inserting before the pe8 riod the following: ‘‘, including information on budg9 eting, saving, credit, loans, and taxes’’; 

10 (3) in paragraph (10), by striking ‘‘and employ11 ment’’ and inserting ‘‘, employment, and financial’’; 

12 (4) by striking paragraph (16) and inserting 

13 the following new paragraph: 

14 ‘‘(16) Information on home loan services and 

15 housing assistance benefits available under the laws 

16 administered by the Secretary of Veterans Affairs 

17 and counseling on responsible borrowing practices.’’; 

18 and 

19 (5) in paragraph (17), by inserting before the 

20 period the following: ‘‘, and information regarding 

21 the means by which the member can receive addi22 tional counseling regarding the member’s actual en23 titlement to such benefits and apply for such bene24 fits’’. 


smartinez on DSKB9S0YB1PROD with BILLS
184 

HR 5136 PCS1S 

1 SEC. 536. DEPARTMENT OF DEFENSE POLICY CONCERNING 

2 HOMOSEXUALITY IN THE ARMED FORCES. 

3 (a) COMPREHENSIVE REVIEW ON THE IMPLEMENTA4 TION OF A REPEAL OF 10 U.S.C. 654.— 

5 (1) IN GENERAL.—On March 2, 2010, the Sec6 retary of Defense issued a memorandum directing 

7 the Comprehensive Review on the Implementation of 

8 a Repeal of 10 U.S.C. 654 (section 654 of title 10, 

9 United States Code). 

10 (2) OBJECTIVES AND SCOPE OF REVIEW.—The 

11 Terms of Reference accompanying the Secretary’s 

12 memorandum established the following objectives 

13 and scope of the ordered review: 

14 (A) Determine any impacts to military 

15 readiness, military effectiveness and unit cohe16 sion, recruiting/retention, and family readiness 

17 that may result from repeal of the law and rec18 ommend any actions that should be taken in 

19 light of such impacts. 

20 (B) Determine leadership, guidance, and 

21 training on standards of conduct and new poli22 cies. 

23 (C) Determine appropriate changes to ex24 isting policies and regulations, including but not 

25 limited to issues regarding personnel manageVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
185 

HR 5136 PCS1S 

1 ment, leadership and training, facilities, inves2 tigations, and benefits. 

3 (D) Recommend appropriate changes (if 

4 any) to the Uniform Code of Military Justice. 

5 (E) Monitor and evaluate existing legisla6 tive proposals to repeal 10 U.S.C. 654 and pro7 posals that may be introduced in the Congress 

8 during the period of the review. 

9 (F) Assure appropriate ways to monitor 

10 the workforce climate and military effectiveness 

11 that support successful follow-through on imple12 mentation. 

13 (G) Evaluate the issues raised in ongoing 

14 litigation involving 10 U.S.C. 654. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (f) shall take effect 60 days after the date on 

17 which the last of the following occurs: 

18 (1) The Secretary of Defense has received the 

19 report required by the memorandum of the Sec20 retary referred to in subsection (a). 

21 (2) The President transmits to the congres22 sional defense committees a written certification, 

23 signed by the President, the Secretary of Defense, 

24 and the Chairman of the Joint Chiefs of Staff, stat25 ing each of the following: 


smartinez on DSKB9S0YB1PROD with BILLS
186 

HR 5136 PCS1S 

1 (A) That the President, the Secretary of 

2 Defense, and the Chairman of the Joint Chiefs 

3 of Staff have considered the recommendations 

4 contained in the report and the report’s pro5 posed plan of action. 

6 (B) That the Department of Defense has 

7 prepared the necessary policies and regulations 

8 to exercise the discretion provided by the 

9 amendments made by subsection (f). 

10 (C) That the implementation of necessary 

11 policies and regulations pursuant to the discre12 tion provided by the amendments made by sub13 section (f) is consistent with the standards of 

14 military readiness, military effectiveness, unit 

15 cohesion, and recruiting and retention of the 

16 Armed Forces. 

17 (c) NO IMMEDIATE EFFECT ON CURRENT POLICY.— 

18 Section 654 of title 10, United States Code, shall remain 

19 in effect until such time that all of the requirements and 

20 certifications required by subsection (b) are met. If these 

21 requirements and certifications are not met, section 654 

22 of title 10, United States Code, shall remain in effect. 

23 (d) BENEFITS.—Nothing in this section, or the 

24 amendments made by this section, shall be construed to 

25 require the furnishing of benefits in violation of section 


smartinez on DSKB9S0YB1PROD with BILLS
187 

HR 5136 PCS1S 

1 7 of title 1, United States Code (relating to the definitions 

2 of ‘‘marriage’’ and ‘‘spouse’’ and referred to as the ‘‘De3 fense of Marriage Act’’). 

4 (e) NO PRIVATE CAUSE OF ACTION.—Nothing in this 

5 section, or the amendments made by this section, shall be 

6 construed to create a private cause of action. 

7 (f) TREATMENT OF 1993 POLICY.— 

8 (1) TITLE 10.—Upon the effective date estab9 lished by subsection (b), chapter 37 of title 10, 

10 United States Code, is amended— 

11 (A) by striking section 654; and 

12 (B) in the table of sections at the begin13 ning of such chapter, by striking the item relat14 ing to section 654. 

15 (2) CONFORMING AMENDMENT.—Upon the ef16 fective date established by subsection (b), section 

17 571 of the National Defense Authorization Act for 

18 Fiscal Year 1994 (10 U.S.C. 654 note) is amended 

19 by striking subsections (b), (c), and (d). 


smartinez on DSKB9S0YB1PROD with BILLS
188 

HR 5136 PCS1S 

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 mili21 tary judge detailed to a court-martial, a court of inquiry, 

22 the Court of Appeals for the Armed Forces, a Court of 

23 Criminal Appeals, a provost court, or a military commis24 sion (other than a military commission established under 


smartinez on DSKB9S0YB1PROD with BILLS
189 

HR 5136 PCS1S 

1 chapter 47A of this title) may punish for contempt any 

2 person who— 

3 ‘‘(1) uses any menacing word, sign, or gesture 

4 in the presence of the military judge during the pro5 ceedings of the court-martial, court, or military com6 mission; 

7 ‘‘(2) disturbs the proceedings of the court-mar8 tial, court, or military commission by any riot or dis9 order; or 

10 ‘‘(3) willfully disobeys its lawful writ, process, 

11 order, rule, decree, or command. 

12 ‘‘(b) PUNISHMENT.—A person punished for contempt 

13 under this section may be confined for not more than 30 

14 days, fined in an amount of not more than $1,000, or 

15 both.’’. 

16 (b) EFFECTIVE DATE.—Section 848 of title 10, 

17 United States Code (article 48 of the Uniform Code of 

18 Military Justice), as amended by subsection (a), shall 

19 apply with respect to acts of contempt committed after 

20 the date of the enactment of this Act. 


smartinez on DSKB9S0YB1PROD with BILLS
190 

HR 5136 PCS1S 

1 SEC. 543. LIMITATIONS ON USE IN PERSONNEL ACTION OF 

2 INFORMATION CONTAINED IN CRIMINAL IN3 VESTIGATIVE REPORT OR IN INDEX MAIN4 TAINED FOR LAW ENFORCEMENT RETRIEVAL 

5 AND ANALYSIS. 

6 (a) LIMITATIONS.—Chapter 53 of title 10, United 

7 States Code, is amended by inserting after section 1034 

8 the following new section: 

9 ‘‘§ 1034a. Criminal investigative report or index 

10 maintained for law enforcement retrieval 

11 and analysis: limitations on use in per12 sonnel actions 

13 ‘‘(a) PROHIBITION ON USE IN PERSONNEL AC14 TIONS.—Except as provided in subsection (b), information 

15 relating to the titling or indexing of a member of the 

16 armed forces contained in any criminal investigative report 

17 prepared by any entity of the Department of Defense or 

18 index maintained by any entity of the Department of De19 fense for the purpose of potential retrieval and analysis 

20 by Department law enforcement organizations may not be 

21 used in connection with any personnel action involving the 

22 member. 

23 ‘‘(b) AUTHORIZED EXCEPTIONS.—The prohibition in 

24 subsection (a) does not preclude the use of information 

25 relating to the titling or indexing of a member— 


smartinez on DSKB9S0YB1PROD with BILLS
191 

HR 5136 PCS1S 

1 ‘‘(1) in connection with law enforcement activi2 ties; 

3 ‘‘(2) in a judicial or administrative action in4 volving the member regarding the alleged offense 

5 referenced in the criminal investigative report or 

6 index; or 

7 ‘‘(3) in a personnel action if— 

8 ‘‘(A) the member has been adjudged guilty 

9 of the alleged offense referenced in the criminal 

10 investigative report or index by military non-ju11 dicial or judicial proceedings or by civilian judi12 cial proceedings; 

13 ‘‘(B) a record of the proceedings is pre14 sented in connection with the personnel action; 

15 and 

16 ‘‘(C) the member is provided the oppor17 tunity to present additional information in re18 sponse to the record of the proceedings. 

19 ‘‘(c) DEFINITIONS.—In this section: 

20 ‘‘(1) INDEXING.—The term ‘indexing’ refers to 

21 the procedure whereby a Department of Defense 

22 criminal investigative agency submits identifying in23 formation concerning subjects, victims, or incidentals 

24 of investigations for addition to the Defense Clear25 ance and Investigations Index. 


smartinez on DSKB9S0YB1PROD with BILLS
192 

HR 5136 PCS1S 

1 ‘‘(2) TITLING.—The term ‘titling’ refers to the 

2 process by which a Department of Defense criminal 

3 investigative agency places the name of a person in 

4 the title block of a criminal investigative report at a 

5 time when the agency has credible information that 

6 the person committed a criminal offense. The titling, 

7 however, does not connote any degree of guilt or in8 nocence. 

9 ‘‘(3) PERSONNEL ACTION.—The term ‘per10 sonnel action’, with respect to a member, means any 

11 recommendation, action, or decision impacting or af12 fecting any aspect of the military service of the 

13 member.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of such chapter is amended by inserting 

16 after the item relating to section 1034 the following new 

17 item: 

‘‘1034a. Criminal investigative report or index maintained for law enforcement 

retrieval and analysis: limitations on use in personnel actions.’’. 

18 SEC. 544. PROTECTION OF CHILD CUSTODY ARRANGE19 MENTS FOR PARENTS WHO ARE MEMBERS OF 

20 THE ARMED FORCES DEPLOYED IN SUPPORT 

21 OF A CONTINGENCY OPERATION. 

22 (a) CHILD CUSTODY PROTECTION.—Title II of the 

23 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 


smartinez on DSKB9S0YB1PROD with BILLS
193 

HR 5136 PCS1S 

1 seq.) is amended by adding at the end the following new 

2 section: 

3 ‘‘SEC. 208. CHILD CUSTODY PROTECTION. 

4 ‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 

5 motion for change of custody of a child of a servicemember 

6 is filed while the servicemember is deployed in support of 

7 a contingency operation, no court may enter an order 

8 modifying or amending any previous judgment or order, 

9 or issue a new order, that changes the custody arrange10 ment for that child that existed as of the date of the de11 ployment of the servicemember, except that a court may 

12 enter a temporary custody order if the court finds that 

13 it is in the best interest of the child. 

14 ‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre15 ceding covered under subsection (a), a court shall require 

16 that, upon the return of the servicemember from deploy17 ment in support of a contingency operation, the custody 

18 order that was in effect immediately preceding the date 

19 of the deployment of the servicemember is reinstated, un20 less the court finds that such a reinstatement is not in 

21 the best interest of the child, except that any such finding 

22 shall be subject to subsection (c). 

23 ‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DE24 TERMINATION OF CHILD’S BEST INTEREST.—If a motion 

25 for the change of custody of the child of a servicemember 


smartinez on DSKB9S0YB1PROD with BILLS
194 

HR 5136 PCS1S 

1 is filed, no court may consider the absence of the service2 member by reason of deployment, or possibility of deploy3 ment, in determining the best interest of the child. 

4 ‘‘(d) NO FEDERAL RIGHT OF ACTION.—Nothing in 

5 this section shall create a Federal right of action. 

6 ‘‘(e) PREEMPTION.—In any case where State or Fed7 eral law applicable to a child custody proceeding under 

8 State or Federal law provides a higher standard of protec9 tion to the rights of the parent who is a servicemember 

10 than the rights provided under this section, the State or 

11 Federal court shall apply the State or Federal standard. 

12 ‘‘(f) CONTINGENCY OPERATION DEFINED.—In this 

13 section, the term ‘contingency operation’ has the meaning 

14 given that term in section 101(a)(13) of title 10, United 

15 States Code, except that the term may include such other 

16 deployments as the Secretary may prescribe.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of such Act is amended by adding at the 

19 end of the items relating to title II the following new item: 

‘‘208. Child custody protection.’’. 

20 SEC. 545. IMPROVEMENTS TO DEPARTMENT OF DEFENSE 

21 DOMESTIC VIOLENCE PROGRAMS. 

22 (a) IMMEDIATE ACTIONS REQUIRED.— 

23 (1) ENTRY OF DATA INTO LAW ENFORCEMENT

24 SYSTEMS.—The Secretary of Defense shall ensure 

25 that all command actions related to domestic vioVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
195 

HR 5136 PCS1S 

1 lence incidents involving members of the Army, 

2 Navy, Air Force, or Marine Corps are entered into 

3 all Department of Defense law enforcement systems. 

4 (2) ISSUANCE OF FAMILY ADVOCACY PROGRAM

5 GUIDANCE.—The Secretary of Defense shall issue 

6 Department of Defense Family Advocacy Program 

7 guidance. 

8 (b) IMPLEMENTATION OF OUTSTANDING COMP9 TROLLER GENERAL RECOMMENDATIONS.—Consistent 

10 with the recommendations contained in the report of the 

11 Comptroller General of the United States titled ‘‘Status 

12 of Implementation of GAO’s 2006 Recommendations on 

13 the Department of Defense’s Domestic Violence Program’’ 

14 (GAO–10–577R), the Secretary of Defense shall complete, 

15 not later than one year after the date of enactment of this 

16 Act, implementation of actions to address the following 

17 recommendations: 

18 (1) DEFENSE INCIDENT-BASED REPORTING

19 SYSTEM.—The Secretary of Defense shall develop a 

20 comprehensive management plan to address defi21 ciencies in the data captured in the Defense Inci22 dent-Based Reporting System to ensure the system 

23 can provide an accurate count of the domestic vio24 lence incidents that are reported throughout the De25 partment of Defense. 


smartinez on DSKB9S0YB1PROD with BILLS
196 

HR 5136 PCS1S 

1 (2) ADEQUATE PERSONNEL.—The Secretary of 

2 Defense shall develop a plan to ensure that adequate 

3 personnel are available to implement recommenda4 tions made by the Defense Task Force on Domestic 

5 Violence. 

6 (3) DOMESTIC VIOLENCE TRAINING DATA FOR

7 CHAPLAINS.—The Secretary of Defense shall develop 

8 a plan to collect domestic violence training data for 

9 chaplains. 

10 (4) OVERSIGHT FRAMEWORK.—The Secretary 

11 of Defense shall develop an oversight framework for 

12 Department of Defense domestic violence programs, 

13 to include oversight of implementation of rec14 ommendations made by the Defense Task Force on 

15 Domestic Violence, budgeting, and policy compli16 ance. 

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

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

19 submit to the congressional defense committees a report 

20 containing the planned actions required under subsections 

21 (a) and (b). 


smartinez on DSKB9S0YB1PROD with BILLS
197 

HR 5136 PCS1S 

1 SEC. 546. PUBLIC RELEASE OF RESTRICTED ANNEX OF DE2 PARTMENT OF DEFENSE REPORT OF THE 

3 INDEPENDENT REVIEW RELATED TO FORT 

4 HOOD PERTAINING TO OVERSIGHT OF THE 

5 ALLEGED PERPETRATOR OF THE ATTACK. 

6 (a) RELEASE REQUIRED.—Not later than 10 days 

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

8 of Defense shall release publicly the restricted annex, de9 scribed in subsection (b), that was part of the January 

10 2010 Department of Defense Report of the Independent 

11 Review Related to Fort Hood and the attack there on No12 vember 5, 2009. 

13 (b) MATERIAL SUBJECT TO RELEASE; EXCEP14 TION.—The restricted annex referred to in subsection (a) 

15 is the document described on page 9 of the January 2010 

16 Department of Defense Report of the Independent Review 

17 Related to Fort Hood, which provided the detailed find18 ings, recommendations, and complete supporting discus19 sions of the Independent Review pertaining to the over20 sight of the alleged perpetrator of the November 2009 at21 tack. No part of the restricted annex shall be exempted 

22 from public release, except— 

23 (1) materials that the Secretary of Defense de24 termines may imperil, if disclosed, any criminal in25 vestigation or prosecution related to the attack; and 


smartinez on DSKB9S0YB1PROD with BILLS
198 

HR 5136 PCS1S 

1 (2) in accordance with section 1102 of title 10, 

2 United States Code, the memorandum summarizing 

3 the results of the medical quality assurance records 

4 relating to the care provided patients by the alleged 

5 perpetrator of the attack. 

6 Subtitle F—Member Education and 

7 Training Opportunities and Ad8 ministration 

9 SEC. 551. REPAYMENT OF EDUCATION LOAN REPAYMENT 

10 BENEFITS. 

11 (a) ENLISTED MEMBERS ON ACTIVE DUTY IN SPECI12 FIED MILITARY SPECIALTIES.—Section 2171 of title 10, 

13 United States Code, is amended by adding at the end the 

14 following new subsections: 

15 ‘‘(g) Except a person described in subsection (e) who 

16 transfers to service making the person eligible for repay17 ment of loans under section 16301 of this title, a member 

18 of the armed forces who fails to complete the period of 

19 service required to qualify for loan repayment under this 

20 section shall be subject to the repayment provisions of sec21 tion 303a(e) of title 37. 

22 ‘‘(h) The Secretary of Defense may prescribe, by reg23 ulations, procedures for implementing this section, includ24 ing standards for qualified loans and authorized payees 

25 and other terms and conditions for making loan repayVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
199 

HR 5136 PCS1S 

1 ments. Such regulations may include exceptions that 

2 would allow for the payment as a lump sum of any loan 

3 repayment due to a member under a written agreement 

4 that existed at the time of a member’s death or dis5 ability.’’. 

6 (b) MEMBERS OF SELECTED RESERVE.—Section 

7 16301 of such title is amended by adding at the end the 

8 following new subsections: 

9 ‘‘(h) Except a person described in subsection (e) who 

10 transfers to service making the person eligible for repay11 ment of loans under section 2171 of this title, a member 

12 of the armed forces who fails to complete the period of 

13 service required to qualify for loan repayment under this 

14 section shall be subject to the repayment provisions of sec15 tion 303a(e) of title 37. 

16 ‘‘(i) The Secretary of Defense may prescribe, by regu17 lations, procedures for implementing this section, includ18 ing standards for qualified loans and authorized payees 

19 and other terms and conditions for making loan repay20 ments. Such regulations may include exceptions that 

21 would allow for the payment as a lump sum of any loan 

22 repayment due to a member under a written agreement 

23 that existed at the time of a member’s death or dis24 ability.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
200 

HR 5136 PCS1S 

1 SEC. 552. ACTIVE DUTY OBLIGATION FOR GRADUATES OF 

2 THE MILITARY SERVICE ACADEMIES PAR3 TICIPATING IN THE ARMED FORCES HEALTH 

4 PROFESSIONS SCHOLARSHIP AND FINANCIAL 

5 ASSISTANCE PROGRAM. 

6 (a) UNITED STATES MILITARY ACADEMY GRAD7 UATES.—Section 4348(a) of title 10, United States Code, 

8 is amended by adding at the end the following new para9 graph: 

10 ‘‘(4) That if an appointment described in para11 graph (2) or (3) is tendered and the cadet partici12 pates in the Armed Forces Health Professions 

13 Scholarship and Financial Assistance program under 

14 subchapter I of chapter 105 of this title, the cadet 

15 will fulfill any unserved obligation incurred under 

16 this section on active duty, regardless of the type of 

17 appointment held, upon completion of, and in addi18 tion to, any service obligation incurred under section 

19 2123 of this title for participation in the program.’’. 

20 (b) UNITED STATES NAVAL ACADEMY GRAD21 UATES.—Section 6959(a) of such title is amended by add22 ing at the end the following new paragraph: 

23 ‘‘(4) That if an appointment described in para24 graph (2) or (3) is tendered and the midshipman 

25 participates in the Armed Forces Health Professions 

26 Scholarship and Financial Assistance program under 


smartinez on DSKB9S0YB1PROD with BILLS
201 

HR 5136 PCS1S 

1 subchapter I of chapter 105 of this title, the mid2 shipman will fulfill any unserved obligation incurred 

3 under this section on active duty, regardless of the 

4 type of appointment held, upon completion of, and 

5 in addition to, any service obligation incurred under 

6 section 2123 of this title for participation in the pro7 gram.’’. 

8 (c) UNITED STATES AIR FORCE ACADEMY GRAD9 UATES.—Section 9348(a) of such title is amended by add10 ing at the end the following new paragraph: 

11 ‘‘(4) That if an appointment described in para12 graph (2) or (3) is tendered and the cadet partici13 pates in the Armed Forces Health Professions 

14 Scholarship and Financial Assistance program under 

15 subchapter I of chapter 105 of this title, the cadet 

16 will fulfill any unserved obligation incurred under 

17 this section on active duty, regardless of the type of 

18 appointment held, upon completion of, and in addi19 tion to, any service obligation incurred under section 

20 2123 of this title for participation in the program.’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply with respect to appointments to 

23 the United States Military Academy, the United States 

24 Naval Academy, and the United States Air Force Acad25 emy beginning with the first class of candidates nominated 


smartinez on DSKB9S0YB1PROD with BILLS
202 

HR 5136 PCS1S 

1 for appointment to these military service academies after 

2 the date of the enactment of this Act. 

3 SEC. 553. WAIVER OF MAXIMUM AGE LIMITATION ON AD4 MISSION TO SERVICE ACADEMIES FOR CER5 TAIN ENLISTED MEMBERS WHO SERVED DUR6 ING OPERATION IRAQI FREEDOM OR OPER7 ATION ENDURING FREEDOM. 

8 (a) WAIVER AUTHORITY.—The Secretary of the mili9 tary department concerned may waive the maximum age 

10 limitation specified in section 4346(a), 6958(a)(1), or 

11 9346(a) of title 10, United States Code, for the admission 

12 of a candidate to the United States Military Academy, the 

13 United States Naval Academy, or the United States Air 

14 Force Academy, if the candidate, otherwise satisfies the 

15 eligibility requirements for admission to that academy, 

16 and— 

17 (1) is an enlisted member of the Armed Forces 

18 and, as a result of service on active duty in a theater 

19 of operations for Operation Iraqi Freedom or Oper20 ation Enduring Freedom, was or is prevented from 

21 being admitted to that academy before the member 

22 reached the maximum age specified in such sections; 

23 or 


smartinez on DSKB9S0YB1PROD with BILLS
203 

HR 5136 PCS1S 

1 (2) possesses an exceptional overall record that 

2 the Secretary concerned determines sets the can3 didate apart from all other candidates. 

4 (b) LIMITATION OF WAIVER.— 

5 (1) MAXIMUM AGE.—A waiver may not be 

6 granted under subsection (a) to a member of the 

7 Armed Forces described in such subsection if the 

8 member would pass the member’s twenty-sixth birth9 day by July 1 of the year in which the member 

10 would enter the military service academy. 

11 (2) MAXIMUM NUMBER.—No more than five 

12 members of the Armed Forces may attend each of 

13 the military service academies at any one time pur14 suant to a waiver granted under subsection (a)(2). 

15 (c) DURATION OF WAIVER AUTHORITY.—The au16 thority to grant a waiver under subsection (a) expires on 

17 September 30, 2015. 

18 SEC. 554. REPORT OF FEASIBILITY AND COST OF EXPAND19 ING ENROLLMENT AUTHORITY OF COMMU20 NITY COLLEGE OF THE AIR FORCE TO IN21 CLUDE ADDITIONAL MEMBERS OF THE 

22 ARMED FORCES. 

23 Not later than 180 days after the date of the enact24 ment of this Act, the Secretary of Defense shall submit 

25 to Congress a report, prepared in consultation with the 


smartinez on DSKB9S0YB1PROD with BILLS
204 

HR 5136 PCS1S 

1 Secretary of the Air Force, evaluating the feasibility and 

2 cost of authorizing enlisted members of the Army, Navy, 

3 Marine Corps and Coast Guard to enroll in Community 

4 College of the Air Force programs offered under section 

5 9315 of title 10, United States Code. 

6 Subtitle G—Defense Dependents’ 

7 Education 

8 SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

9 EDUCATIONAL AGENCIES THAT BENEFIT DE10 PENDENTS OF MEMBERS OF THE ARMED 

11 FORCES AND DEPARTMENT OF DEFENSE CI12 VILIAN EMPLOYEES. 

13 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

14 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

15 amount authorized to be appropriated for fiscal year 2011 

16 pursuant to section 301(5) for operation and maintenance 

17 for Defense-wide activities, $50,000,000 shall be available 

18 only for the purpose of providing assistance to local edu19 cational agencies under subsection (a) of section 572 of 

20 the National Defense Authorization Act for Fiscal Year 

21 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 

22 7703b). 

23 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

24 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

25 CHANGES, OR FORCE RELOCATIONS.—Of the amount auVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
205 

HR 5136 PCS1S 

1 thorized to be appropriated for fiscal year 2011 pursuant 

2 to section 301(5) for operation and maintenance for De3 fense-wide activities, $15,000,000 shall be available only 

4 for the purpose of providing assistance to local educational 

5 agencies under subsection (b) of such section 572. 

6 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

7 this section, the term ‘‘local educational agency’’ has the 

8 meaning given that term in section 8013(9) of the Ele9 mentary and Secondary Education Act of 1965 (20 U.S.C. 

10 7713(9)). 

11 SEC. 562. ENROLLMENT OF DEPENDENTS OF MEMBERS OF 

12 THE ARMED FORCES WHO RESIDE IN TEM13 PORARY HOUSING IN DEPARTMENT OF DE14 FENSE DOMESTIC DEPENDENT ELEMENTARY 

15 AND SECONDARY SCHOOLS. 

16 Section 2164(a) of title 10, United States Code, is 

17 amended by adding at the end the following new para18 graph: 

19 ‘‘(3)(A) The Secretary may, at the discretion of the 

20 Secretary, permit dependents of members of the armed 

21 forces described in subparagraph (B) to enroll in an edu22 cational program provided by the Secretary pursuant to 

23 this subsection without regard to the requirement in para24 graph (1) with respect to residence on a military installa25 tion. 


smartinez on DSKB9S0YB1PROD with BILLS
206 

HR 5136 PCS1S 

1 ‘‘(B) Subparagraph (A) applies only if— 

2 ‘‘(i) the dependents reside in temporary housing 

3 (regardless of whether the temporary housing is on 

4 Federal property) in lieu of permanent living quar5 ters on a military installation; and 

6 ‘‘(ii) the Secretary determines that the cir7 cumstances of such living arrangements justify ex8 tending the enrollment authority to include such de9 pendents. 

10 ‘‘(C) The Secretary shall prescribe regulations to en11 sure consistent application of this paragraph.’’. 

12 Subtitle H—Decorations, Awards, 

13 and Commemorations 

14 SEC. 571. NOTIFICATION REQUIREMENT FOR DETERMINA15 TION MADE IN RESPONSE TO REVIEW OF 

16 PROPOSAL FOR AWARD OF A MEDAL OF 

17 HONOR NOT PREVIOUSLY SUBMITTED IN 

18 TIMELY FASHION. 

19 Section 1130(b) of title 10, United States Code, is 

20 amended— 

21 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

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

23 paragraph: 

24 ‘‘(2) If a determination under this section includes 

25 a favorable recommendation for the award of the Medal 


smartinez on DSKB9S0YB1PROD with BILLS
207 

HR 5136 PCS1S 

1 of Honor, submission of the detailed discussion of the ra2 tionale supporting the determination shall be made 

3 through the Secretary of Defense.’’. 

4 SEC. 572. DEPARTMENT OF DEFENSE RECOGNITION OF 

5 SPOUSES OF MEMBERS OF THE ARMED 

6 FORCES. 

7 (a) ESTABLISHMENT AND PRESENTATION OF LAPEL

8 BUTTONS.—Chapter 57 of title 10, United States Code, 

9 is amended by inserting after section 1126 the following 

10 new section: 

11 ‘‘§ 1126a. Spouse of combat veteran lapel button: eli12 gibility and presentation 

13 ‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to 

14 be known as the spouse-of-a-combat-veteran lapel button, 

15 shall be designed, as approved by the Secretary of De16 fense, to identify and recognize the spouse of a member 

17 of the armed forces who is serving or has served in a com18 bat zone for a period of more than 30 days. 

19 ‘‘(b) PRESENTATION.—The Secretary concerned may 

20 authorize the use of appropriated funds to procure spouse21 of-a-combat-veteran lapel buttons and to provide for their 

22 presentation to eligible spouses of members. 

23 ‘‘(c) EXCEPTION TO TIME PERIOD REQUIREMENT.— 

24 The 30-day periods specified in subsections (a) and (b) 


smartinez on DSKB9S0YB1PROD with BILLS
208 

HR 5136 PCS1S 

1 do not apply if the member is killed or wounded in the 

2 combat zone before the expiration the period. 

3 ‘‘(d) LICENSE TO MANUFACTURE AND SELL LAPEL

4 BUTTONS.—Section 901(c) of title 36 shall apply with re5 spect to the spouse-of-a-combat-veteran lapel button au6 thorized by this section. 

7 ‘‘(e) COMBAT ZONE DEFINED.—In this section, the 

8 term ‘combat zone’ has the meaning given that term in 

9 section 112(c)(2) of the Internal Revenue Code of 1986. 

10 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

11 issue such regulations as may be necessary to carry out 

12 this section. The Secretary shall ensure that the regula13 tions are uniform for each armed force to the extent prac14 ticable.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by inserting 

17 after the item relating to section 1126 the following new 

18 item: 

‘‘1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation.’’. 

19 (c) IMPLEMENTATION.—It is the sense of Congress 

20 that, as soon as practicable once the spouse-of-a-combat21 veteran lapel button become available, the Secretary of 

22 Defense— 

23 (1) should widely announce the availability of 

24 spouse-of-a-combat-veteran lapel buttons through 

25 military and public information channels; and 


smartinez on DSKB9S0YB1PROD with BILLS
209 

HR 5136 PCS1S 

1 (2) should encourage commanders at all levels 

2 to conduct ceremonies recognizing the support pro3 vided by spouses of members of the Armed Forces 

4 and to use the ceremonies as an opportunity for 

5 members to present their spouses with a spouse-of6 a-combat-veteran lapel button. 

7 SEC. 573. DEPARTMENT OF DEFENSE RECOGNITION OF 

8 CHILDREN OF MEMBERS OF THE ARMED 

9 FORCES. 

10 (a) ESTABLISHMENT AND PRESENTATION OF LAPEL

11 BUTTONS.—Chapter 57 of title 10, United States Code, 

12 is amended by inserting after section 1126a, as added by 

13 section 572, the following new section: 

14 ‘‘§ 1126b. Children of members commemorative lapel 

15 button: eligibility and presentation 

16 ‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to 

17 be known as the children of military service members com18 memorative lapel button, shall be designed, as approved 

19 by the Secretary of Defense, to identify and recognize an 

20 eligible child dependent of a member of the armed forces 

21 who serves on active duty for a period of more than 30 

22 days. 

23 ‘‘(b) PRESENTATION.—The Secretary concerned may 

24 authorize the use of appropriated funds to procure chil25 dren of military service members commemorative lapel 


smartinez on DSKB9S0YB1PROD with BILLS
210 

HR 5136 PCS1S 

1 buttons and to provide for their presentation to eligible 

2 child dependents. 

3 ‘‘(c) LICENSE TO MANUFACTURE AND SELL LAPEL

4 BUTTONS.—Section 901(c) of title 36 shall apply with re5 spect to the children of military service members com6 memorative lapel button authorized by this section. 

7 ‘‘(d) ELIGIBLE CHILD DEPENDENT DEFINED.—In 

8 this section, the term ‘eligible child dependent’ means a 

9 dependent of a member of the armed forces described in 

10 subparagraph (D) or (I) of section 1072(2) of this title. 

11 ‘‘(e) REGULATIONS.—The Secretary of Defense shall 

12 issue such regulations as may be necessary to carry out 

13 this section. The Secretary shall ensure that the regula14 tions are uniform for each armed force to the extent prac15 ticable.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of such chapter is amended by inserting 

18 after the item relating to section 1126a the following new 

19 item: 

‘‘1126b. Children of members commemorative lapel button: eligibility and presentation.’’. 

20 (c) IMPLEMENTATION.—It is the sense of Congress 

21 that, as soon as practicable once the children of military 

22 service members commemorative lapel button become 

23 available, the Secretary of Defense— 


smartinez on DSKB9S0YB1PROD with BILLS
211 

HR 5136 PCS1S 

1 (1) should widely announce the availability of 

2 children of military service members commemorative 

3 lapel buttons through military and public informa4 tion channels; and 

5 (2) should encourage commanders at all levels 

6 to conduct ceremonies recognizing the support pro7 vided by children of members of the Armed Forces 

8 and to use the ceremonies as an opportunity for 

9 members to present their children with a children of 

10 military service members commemorative lapel but11 ton. 

12 SEC. 574. CLARIFICATION OF PERSONS ELIGIBLE FOR 

13 AWARD OF BRONZE STAR MEDAL. 

14 (a) LIMITATION ON ELIGIBLE PERSONS.—Section 

15 1133 of title 10, United States Code, is amended to read 

16 as follows: 

17 ‘‘§ 1133. Bronze Star: limitation on persons eligible to 

18 receive 

19 ‘‘The decoration known as the ‘Bronze Star’ may only 

20 be awarded to a member of a military force who— 

21 ‘‘(1) at the time of the events for which the 

22 decoration is to be awarded, was serving in a geo23 graphic area in which special pay is authorized 

24 under section 310 or paragraph (1) or (3) of section 

25 351(a) of title 37; or 


smartinez on DSKB9S0YB1PROD with BILLS
212 

HR 5136 PCS1S 

1 ‘‘(2) receives special pay under section 310 or 

2 paragraph (1) or (3) of section 351(a) of title 37 as 

3 a result of those events.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of chapter 57 of such title is amended 

6 by striking the item relating to section 1133 and inserting 

7 the following new item: 

‘‘1133. Bronze Star: limitation on persons eligible to receive.’’. 

8 (c) APPLICATION OF AMENDMENT.—The amendment 

9 made by subsection (a) applies to the award of the Bronze 

10 Star after October 30, 2000. 

11 SEC. 575. AWARD OF VIETNAM SERVICE MEDAL TO VET12 ERANS WHO PARTICIPATED IN MAYAGUEZ 

13 RESCUE OPERATION. 

14 (a) IN GENERAL.—The Secretary of the military de15 partment concerned shall, upon the application of an indi16 vidual who is an eligible veteran, award that individual the 

17 Vietnam Service Medal, notwithstanding any otherwise ap18 plicable requirements for the award of that medal. Any 

19 such award shall be made in lieu of any Armed Forces 

20 Expeditionary Medal awarded the individual for the indi21 vidual’s participation in the Mayaguez rescue operation. 

22 (b) ELIGIBLE VETERAN.—For purposes of this sec23 tion, the term ‘‘eligible veteran’’ means a member or 

24 former member of the Armed Forces who was awarded 

25 the Armed Forces Expeditionary Medal for participation 


smartinez on DSKB9S0YB1PROD with BILLS
213 

HR 5136 PCS1S 

1 in military operations known as the Mayaguez rescue oper2 ation of May 12–15, 1975. 

3 SEC. 576. AUTHORIZATION FOR AWARD OF MEDAL OF 

4 HONOR TO CERTAIN MEMBERS OF THE ARMY 

5 FOR ACTS OF VALOR DURING THE CIVIL WAR, 

6 KOREAN WAR, OR VIETNAM WAR. 

7 (a) AUTHORIZATION.—Notwithstanding the time lim8 itations specified in section 3744 of title 10, United States 

9 Code, or any other time limitation with respect to the 

10 awarding of certain medals to persons who served in the 

11 Armed Forces, the President is authorized to award the 

12 Medal of Honor under section 3741 of such title to the 

13 following former members of the Army for conspicuous 

14 acts of gallantry and intrepidity at the risk of their life 

15 and beyond the call of duty, as described in subsection 

16 (b): 

17 (1) First Lieutenant Alonzo H. Cushing, Civil 

18 War. 

19 (2) Private John A. Sipe, Civil War. 

20 (3) Chaplain (Captain) Emil J. Kapaun, Ko21 rean War. 

22 (4) Specialist Four Robert L. Towles, Vietnam 

23 War. 

24 (b) ACTS OF VALOR DESCRIBED.— 


smartinez on DSKB9S0YB1PROD with BILLS
214 

HR 5136 PCS1S 

1 (1) FIRST LIEUTENANT ALONZO H. CUSHING.— 

2 In the case of First Lieutenant Alonzo H. Cushing, 

3 the acts of valor referred to in subsection (a) are the 

4 actions of then First Lieutenant Alonzo H. Cushing 

5 while in command of Battery A, 4th United States 

6 Artillery, Army of the Potomac, at Gettysburg, 

7 Pennsylvania, on July 3, 1863, during the American 

8 Civil War. 

9 (2) PRIVATE JOHN A. SIPE.—In the case of Pri10 vate John A. Sipe, the acts of valor referred to in 

11 subsection (a) are the actions of then Private John 

12 A. Sipe of Company I of the 205th Regiment Penn13 sylvania Volunteers, part of the 2d Brigade, 3d Divi14 sion, 9th Corps, Army of the Potomac, on March 25, 

15 1865, during the American Civil War. 

16 (3) CHAPLAIN EMIL J. KAPAUN.—In the case of 

17 Chaplain (Captain) Emil J. Kapaun, the acts of 

18 valor referred to in subsection (a) are the actions of 

19 Chaplain Emil J. Kapaun of 3d Battalion, 8th Cav20 alry Regiment, 1st Cavalry Division during the Bat21 tle of Unsan on November 1 and 2, 1950, and while 

22 a prisoner of war until his death on May 23, 1952, 

23 during the Korean War. 

24 (4) SPECIALIST FOUR ROBERT L. TOWLES.—In 

25 the case of Specialist Four Robert L. Towles, the 


smartinez on DSKB9S0YB1PROD with BILLS
215 

HR 5136 PCS1S 

1 acts of valor referred to in subsection (a) are the ac2 tions of then Specialist Four Robert L. Towles of 

3 Company D, 2d Battalion, 7th Cavalry, 1st Cavalry 

4 Division on November 17, 1965, during the Vietnam 

5 War for which he was originally awarded the Bronze 

6 Star with ‘‘V’’ Device. 

7 SEC. 577. AUTHORIZATION AND REQUEST FOR AWARD OF 

8 DISTINGUISHED-SERVICE CROSS TO JAY C. 

9 COPLEY FOR ACTS OF VALOR DURING THE 

10 VIETNAM WAR. 

11 (a) AUTHORIZATION.—Notwithstanding the time lim12 itations specified in section 3744 of title 10, United States 

13 Code, or any other time limitation with respect to the 

14 awarding of certain medals to persons who served in the 

15 Armed Forces, the Secretary of the Army is authorized 

16 and requested to award the Distinguished-Service Cross 

17 under section 3742 of such title to former Captain Jay 

18 C. Copley of the United States Army for the acts of valor 

19 during the Vietnam War described in subsection (b). 

20 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

21 referred to in subsection (a) are the actions of then Cap22 tain Jay C. Copley on May 5, 1968, as commander of 

23 Company C of the 1st Battalion, 50th Infantry, 173d Air24 borne Brigade during an engagement with a regimental25 size enemy force in Bin Dinh Province, South Vietnam. 


smartinez on DSKB9S0YB1PROD with BILLS
216 

HR 5136 PCS1S 

1 SEC. 578. PROGRAM TO COMMEMORATE 60TH ANNIVER2 SARY OF THE KOREAN WAR. 

3 (a) COMMEMORATIVE PROGRAM AUTHORIZED.—The 

4 Secretary of Defense may establish and conduct a pro5 gram to commemorate the 60th anniversary of the Korean 

6 War (in this section referred to as the ‘‘commemorative 

7 program’’). In conducting the commemorative program, 

8 the Secretary shall coordinate and support other programs 

9 and activities of the Federal Government, State and local 

10 governments, and other persons and organizations in com11 memoration of the Korean War. 

12 (b) SCHEDULE.—If the Secretary of Defense estab13 lishes the commemorative program, the Secretary shall de14 termine the schedule of major events and priority of ef15 forts for the commemorative program to achieve the com16 memorative objectives specified in subsection (c). The Sec17 retary may establish a committee to assist the Secretary 

18 in determining the schedule and conducting the commemo19 rative program. 

20 (c) COMMEMORATIVE ACTIVITIES AND OBJEC21 TIVES.—The commemorative program may include activi22 ties and ceremonies to achieve the following objectives: 

23 (1) To thank and honor veterans of the Korean 

24 War, including members of the Armed Forces who 

25 were held as prisoners of war or listed as missing in 


smartinez on DSKB9S0YB1PROD with BILLS
217 

HR 5136 PCS1S 

1 action, for their service and sacrifice on behalf of the 

2 United States. 

3 (2) To thank and honor the families of veterans 

4 of the Korean War for their sacrifices and contribu5 tions, especially families who lost a loved one in the 

6 Korean War. 

7 (3) To highlight the service of the Armed 

8 Forces during the Korean War and the contributions 

9 of Federal agencies and governmental and non-gov10 ernmental organizations that served with, or in sup11 port of, the Armed Forces. 

12 (4) To pay tribute to the sacrifices and con13 tributions made on the home front by the people of 

14 the United States during the Korean War. 

15 (5) To provide the people of the United States 

16 with a clear understanding and appreciation of the 

17 lessons and history of the Korean War. 

18 (6) To highlight the advances in technology, 

19 science, and medicine related to military research 

20 conducted during the Korean War. 

21 (7) To recognize the contributions and sac22 rifices made by the allies of the United States dur23 ing the Korean War. 

24 (d) USE OF THE UNITED STATES OF AMERICA KO25 REAN WAR COMMEMORATION AND SYMBOLS.—Subsection 


smartinez on DSKB9S0YB1PROD with BILLS
218 

HR 5136 PCS1S 

1 (c) of section 1083 of the National Defense Authorization 

2 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

3 1918), as amended by section 1067 of the Strom Thur4 mond National Defense Authorization Act for Fiscal Year 

5 1999 (Public Law 105–261; 112 Stat. 2134) and section 

6 1052 of the National Defense Authorization Act for Fiscal 

7 Year 2000 (Public Law 106–65; 113 Stat. 764), shall 

8 apply to the commemorative program. 

9 (e) COMMEMORATIVE FUND.— 

10 (1) ESTABLISHMENT OF NEW ACCOUNT.—If the 

11 Secretary of Defense establishes the commemorative 

12 program, the Secretary the Treasury shall establish 

13 in the Treasury of the United States an account to 

14 be known as the ‘‘Department of Defense Korean 

15 War Commemoration Fund’’ (in this section referred 

16 to as the ‘‘Fund’’). 

17 (2) ADMINISTRATION AND USE OF FUND.—The 

18 Fund shall be available to, and administered by, the 

19 Secretary of Defense. The Secretary shall use the 

20 assets of the Fund only for the purpose of con21 ducting the commemorative program and shall pre22 scribe such regulations regarding the use of the 

23 Fund as the Secretary considers to be necessary. 

24 (3) DEPOSITS.—There shall be deposited into 

25 the Fund the following: 


smartinez on DSKB9S0YB1PROD with BILLS
219 

HR 5136 PCS1S 

1 (A) Amounts appropriated to the Fund. 

2 (B) Proceeds derived from the use by the 

3 Secretary of Defense of the exclusive rights de4 scribed in subsection (c) of section 1083 of the 

5 National Defense Authorization Act for Fiscal 

6 Year 1998 (Public Law 105–85; 111 Stat. 

7 1918). 

8 (C) Donations made in support of the com9 memorative program by private and corporate 

10 donors. 

11 (4) AVAILABILITY.—Subject to paragraph (5), 

12 amounts in the Fund shall remain available until ex13 pended. 

14 (5) TREATMENT OF UNOBLIGATED FUNDS; 

15 TRANSFER.—If unobligated amounts remain in the 

16 Fund as of September 30, 2013, the Secretary of 

17 the Treasury shall transfer the amounts to the De18 partment of Defense Vietnam War Commemorative 

19 Fund established pursuant to section 598(e) of the 

20 National Defense Authorization Act for Fiscal Year 

21 2008 (Public Law 110–181; 10 U.S.C. 113 note). 

22 The transferred amounts shall be merged with, and 

23 available for the same purposes as, other amounts in 

24 the Department of Defense Vietnam War Com25 memorative Fund. 


smartinez on DSKB9S0YB1PROD with BILLS
220 

HR 5136 PCS1S 

1 (f) ACCEPTANCE OF VOLUNTARY SERVICES.— 

2 (1) AUTHORITY TO ACCEPT SERVICES.—Not3 withstanding section 1342 of title 31, United States 

4 Code, the Secretary of Defense may accept from any 

5 person voluntary services to be provided in further6 ance of the commemorative program. The Secretary 

7 shall prohibit the solicitation of any voluntary serv8 ices if the nature or circumstances of such solicita9 tion would compromise the integrity or the appear10 ance of integrity of any program of the Department 

11 of Defense or of any individual involved in the pro12 gram. 

13 (2) COMPENSATION FOR WORK-RELATED IN14 JURY.—A person providing voluntary services under 

15 this subsection shall be considered to be a Federal 

16 employee for purposes of chapter 81 of title 5, 

17 United States Code, relating to compensation for 

18 work-related injuries. The person shall also be con19 sidered a special governmental employee for pur20 poses of standards of conduct and sections 202, 203, 

21 205, 207, 208, and 209 of title 18, United States 

22 Code. A person who is not otherwise employed by 

23 the Federal Government shall not be considered to 

24 be a Federal employee for any other purpose by reaVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
221 

HR 5136 PCS1S 

1 son of the provision of voluntary services under this 

2 subsection. 

3 (3) REIMBURSEMENT OF INCIDENTAL EX4 PENSES.—The Secretary may provide for reimburse5 ment of incidental expenses incurred by a person 

6 providing voluntary services under this subsection. 

7 The Secretary shall determine which expenses are el8 igible for reimbursement under this paragraph. 

9 (g) REPORT REQUIRED.—If the Secretary of Defense 

10 conducts the commemorative program, the Inspector Gen11 eral of the Department of Defense shall submit to Con12 gress, not later than 60 days after the end of the com13 memorative program, a report containing an accounting 

14 of— 

15 (1) all of the funds deposited into and expended 

16 from the Fund; 

17 (2) any other funds expended under this sec18 tion; and 

19 (3) any unobligated funds remaining in the 

20 Fund as of September 30, 2013, that are trans21 ferred to the Department of Defense Vietnam War 

22 Commemorative Fund pursuant to subsection (e)(5). 

23 (h) LIMITATION ON EXPENDITURES.—Using 

24 amounts appropriated to the Department of Defense, the 


smartinez on DSKB9S0YB1PROD with BILLS
222 

HR 5136 PCS1S 

1 Secretary of Defense may not expend more than 

2 $5,000,000 to carry out the commemorative program. 

3 SEC. 579. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. 

4 (a) ARMY.— 

5 (1) IN GENERAL.—Chapter 357 of title 10, 

6 United States Code, is amended by adding at the 

7 end the following new section: 

8 ‘‘§ 3757. Combat Medevac Badge 

9 ‘‘(a) ISSUANCE.—The Secretary of the Army shall 

10 issue a badge of appropriate design, to be known as the 

11 Combat Medevac Badge, to each person who while a mem12 ber of the Army served in combat on or after June 25, 

13 1950, as a pilot or crew member of a helicopter medical 

14 evacuation ambulance and who meets the requirements for 

15 the award of that badge. 

16 ‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 

17 of the Army shall prescribe requirements for eligibility for 

18 the Combat Medevac Badge.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of such chapter is amended 

21 by adding at the end the following new item: 

‘‘3757. Combat Medevac Badge.’’. 

22 (b) NAVY AND MARINE CORPS.— 

23 (1) IN GENERAL.—Chapter 567 of title 10, 

24 United States Code, is amended by adding at the 

25 end the following new section: 


smartinez on DSKB9S0YB1PROD with BILLS
223 

HR 5136 PCS1S 

1 ‘‘§ 6259. Combat Medevac Badge 

2 ‘‘(a) ISSUANCE.—The Secretary of the Navy shall 

3 issue a badge of appropriate design, to be known as the 

4 Combat Medevac Badge, to each person who while a mem5 ber of the Navy or Marine Corps served in combat on or 

6 after June 25, 1950, as a pilot or crew member of a heli7 copter medical evacuation ambulance and who meets the 

8 requirements for the award of that badge. 

9 ‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 

10 of the Navy shall prescribe requirements for eligibility for 

11 the Combat Medevac Badge.’’. 

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: 

‘‘6259. Combat Medevac Badge.’’. 

15 (c) AIR FORCE.— 

16 (1) IN GENERAL.—Chapter 857 of title 10, 

17 United States Code, is amended by adding at the 

18 end the following new section: 

19 ‘‘§ 8757. Combat Medevac Badge 

20 ‘‘(a) ISSUANCE.—The Secretary of the Air Force 

21 shall issue a badge of appropriate design, to be known as 

22 the Combat Medevac Badge, to each person who while a 

23 member of the Air Force served in combat on or after 

24 June 25, 1950, as a pilot or crew member of a helicopter 


smartinez on DSKB9S0YB1PROD with BILLS
224 

HR 5136 PCS1S 

1 medical evacuation ambulance and who meets the require2 ments for the award of that badge. 

3 ‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 

4 of the Air Force shall prescribe requirements for eligibility 

5 for the Combat Medevac Badge.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by adding at the end the following new item: 

‘‘8757. Combat Medevac Badge.’’. 

9 (d) AWARD FOR SERVICE BEFORE DATE OF ENACT10 MENT.—In the case of persons who, while a member of 

11 the Armed Forces, served in combat as a pilot or crew 

12 member of a helicopter medical evacuation ambulance dur13 ing the period beginning on June 25, 1950, and ending 

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

15 military department concerned shall issue the Combat 

16 Medevac Badge— 

17 (1) to each such person who is known to the 

18 Secretary before the date of enactment of this Act; 

19 and 

20 (2) to each such person with respect to whom 

21 an application for the issuance of the badge is made 

22 to the Secretary after such date in such manner, 

23 and within such time period, as the Secretary may 

24 require. 


smartinez on DSKB9S0YB1PROD with BILLS
225 

HR 5136 PCS1S 

1 SEC. 580. RETROACTIVE AWARD OF ARMY COMBAT ACTION 

2 BADGE. 

3 (a) AUTHORITY TO AWARD.—The Secretary of the 

4 Army may award the Army Combat Action Badge (estab5 lished by order of the Secretary of the Army through 

6 Headquarters, Department of the Army Letter 600–05– 

7 1, dated June 3, 2005) to a person who, while a member 

8 of the Army, participated in combat during which the per9 son personally engaged, or was personally engaged by, the 

10 enemy at any time during the period beginning on Decem11 ber 7, 1941, and ending on September 18, 2001 (the date 

12 of the otherwise applicable limitation on retroactivity for 

13 the award of such decoration), if the Secretary determines 

14 that the person has not been previously recognized in an 

15 appropriate manner for such participation. 

16 (b) PROCUREMENT OF BADGE.—The Secretary of 

17 the Army may make arrangements with suppliers of the 

18 Army Combat Action Badge so that eligible recipients of 

19 the Army Combat Action Badge pursuant to subsection 

20 (a) may procure the badge directly from suppliers, thereby 

21 eliminating or at least substantially reducing administra22 tive costs for the Army to carry out this section. 


smartinez on DSKB9S0YB1PROD with BILLS
226 

HR 5136 PCS1S 

1 SEC. 580A. REVIEW REGARDING AWARD OF MEDAL OF 

2 HONOR TO JEWISH AMERICAN WORLD WAR I 

3 VETERANS. 

4 (a) REVIEW REQUIRED.—The Secretary of the Army 

5 and the Secretary of the Navy shall review the service 

6 records of each Jewish American World War I veteran de7 scribed in subsection (b) to determine whether that vet8 eran should be posthumously awarded the Medal of 

9 Honor. 

10 (b) COVERED JEWISH AMERICAN WAR VETERANS.— 

11 The Jewish American World War I veterans whose service 

12 records are to be reviewed under subsection (a) are the 

13 following: 

14 (1) Any Jewish American World War I veteran 

15 who was previously awarded the Distinguished Serv16 ice Cross, the Navy Cross, or other military decora17 tion for service during World War I. 

18 (2) Any other Jewish American World War I 

19 veteran whose name is submitted to the Secretary 

20 concerned for such purpose by the Jewish War Vet21 erans of the United States of America before the 

22 end of the 1-year period beginning on the date of the 

23 enactment of this Act. 

24 (c) CONSULTATIONS.—In carrying out the review 

25 under subsection (a), the Secretary concerned shall con26 sult with the Jewish War Veterans of the United States 


smartinez on DSKB9S0YB1PROD with BILLS
227 

HR 5136 PCS1S 

1 of America and with such other veterans service organiza2 tions as the Secretary considers appropriate. 

3 (d) RECOMMENDATION BASED ON REVIEW.—If the 

4 Secretary concerned determines, based upon the review 

5 under subsection (a) of the service records of any Jewish 

6 American World War I veteran, that the award of the 

7 Medal of Honor to that veteran is warranted, the Sec8 retary shall submit to the President a recommendation 

9 that the President award the Medal of Honor post10 humously to that veteran. 

11 (e) AUTHORITY TO AWARD MEDAL OF HONOR.—A 

12 Medal of Honor may be awarded posthumously to a Jew13 ish American World War I veteran in accordance with a 

14 recommendation of the Secretary concerned under sub15 section (a). 

16 (f) WAIVER OF TIME LIMITATIONS.—An award of 

17 the Medal of Honor may be made under subsection (e) 

18 without regard to— 

19 (1) section 3744, 6248, or 8744 of title 10, 

20 United States Code; and 

21 (2) any regulation or other administrative re22 striction on— 

23 (A) the time for awarding the Medal of 

24 Honor; or 


smartinez on DSKB9S0YB1PROD with BILLS
228 

HR 5136 PCS1S 

1 (B) the awarding of the Medal of Honor 

2 for service for which a Distinguished Service 

3 Cross, Navy Cross, or other military decoration 

4 has been awarded. 

5 (g) DEFINITIONS.—In this section: 

6 (1) The term ‘‘Jewish American World War I 

7 veteran’’ means any person who served in the Armed 

8 Forces during World War I and identified himself or 

9 herself as Jewish on his or her military personnel 

10 records. 

11 (2) The term ‘‘Secretary concerned’’ means— 

12 (A) the Secretary of the Army, in the case 

13 of the Army; and 

14 (B) the Secretary of the Navy, in the case 

15 of the Navy and the Marine Corps. 

16 (3) The term ‘‘World War I’’ means the period 

17 beginning on April 6, 1917, and ending on Novem18 ber 11, 1918. 


smartinez on DSKB9S0YB1PROD with BILLS
229 

HR 5136 PCS1S 

1 Subtitle I—Military Family 

2 Readiness Matters 

3 SEC. 581. APPOINTMENT OF ADDITIONAL MEMBER 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) CLARIFICATION OF APPOINTMENT OPTIONS FOR

20 EXISTING MEMBER.—Subparagraph (F) of subsection 

21 (b)(1) of such section, as redesignated by subsection 

22 (a)(1)(A), is amended to read as follows: 

23 ‘‘(F) In addition to the representatives ap24 pointed under subparagraphs (B) and (C), the sen25 ior enlisted advisor, or the spouse of a senior enVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
230 

HR 5136 PCS1S 

1 listed member, from each of the Army, Navy, Marine 

2 Corps, and Air Force.’’. 

3 (c) APPOINTMENT BY SECRETARY OF DEFENSE.— 

4 Subsection (b) of such section is further amended— 

5 (1) in paragraph (1)— 

6 (A) in subparagraph (B), by striking ‘‘, 

7 who shall be appointed by the Secretary of De8 fense’’; 

9 (B) in subparagraph (C), by striking ‘‘, 

10 who shall be appointed by the Secretary of De11 fense’’ both places it appears; and 

12 (C) in subparagraph (D), by striking ‘‘by 

13 the Secretary of Defense’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) The Secretary of Defense shall appoint the 

17 members of the Council required by subparagraphs (B) 

18 through (F) of paragraph (1).’’. 

19 SEC. 582. DIRECTOR OF THE OFFICE OF COMMUNITY SUP20 PORT FOR MILITARY FAMILIES WITH SPE21 CIAL NEEDS. 

22 Subsection (c) of section 1781c of title 10, United 

23 States Code, is amended to read as follows: 

24 ‘‘(c) DIRECTOR.—(1) The head of the Office shall be 

25 the Director of the Office of Community Support for MiliVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
231 

HR 5136 PCS1S 

1 tary Families With Special Needs, who shall be a member 

2 of the Senior Executive Service or a general officer or flag 

3 officer. 

4 ‘‘(2) In the discharge of the responsibilities of the Of5 fice, the Director shall be subject to the supervision, direc6 tion, and control of the Under Secretary of Defense for 

7 Personnel and Readiness.’’. 

8 SEC. 583. PILOT PROGRAM OF PERSONALIZED CAREER DE9 VELOPMENT COUNSELING FOR MILITARY 

10 SPOUSES. 

11 (a) PILOT PROGRAM REQUIRED.—Section 1784a of 

12 title 10, United States Code, is amended— 

13 (1) by redesignating subsections (d) and (e) as 

14 subsections (e) and (f), respectively; and 

15 (2) by inserting after subsection (c) the fol16 lowing new subsection (d): 

17 ‘‘(d) PERSONALIZED CAREER DEVELOPMENT COUN18 SELING.— 

19 ‘‘(1) PILOT PROGRAM REQUIRED.—The Sec20 retary of Defense shall conduct a pilot program de21 signed to provide personalized career development 

22 counseling to the spouses of members of the armed 

23 forces eligible for assistance under this section, in24 cluding the development of strategies, step-by-step 

25 guidelines, and customizable milestones— 


smartinez on DSKB9S0YB1PROD with BILLS
232 

HR 5136 PCS1S 

1 ‘‘(A) to promote a comprehensive, intro2 spective review of personal skills, experience, 

3 goals, and requirements with a view to devel4 oping a personalized plan for career develop5 ment; 

6 ‘‘(B) to identify career options that are 

7 portable, personally rewarding, and compatible 

8 with personal strengths, skills, and experience; 

9 ‘‘(C) to instruct and encourage the use of 

10 sound personal and professional management 

11 practices; and 

12 ‘‘(D) to plan career attainment progression 

13 objectives and measure progress. 

14 ‘‘(2) INCENTIVES TO FILL CRITICAL CIVILIAN

15 SPECIALTIES.—In conducting the pilot program, the 

16 Secretary shall consider methods to provide incen17 tives for program participants to fill critical civilian 

18 specialties needed in the Department of Defense, in19 cluding the following: 

20 ‘‘(A) Mental health and other health care. 

21 ‘‘(B) Social work. 

22 ‘‘(C) Family welfare. 

23 ‘‘(D) Contract and acquisition manage24 ment. 

25 ‘‘(E) Personal financial management. 


smartinez on DSKB9S0YB1PROD with BILLS
233 

HR 5136 PCS1S 

1 ‘‘(F) Day care services. 

2 ‘‘(G) Education. 

3 ‘‘(H) Military resale system. 

4 ‘‘(I) Morale, welfare and recreation activi5 ties. 

6 ‘‘(J) Law enforcement. 

7 ‘‘(3) PROCESS REVIEWS.—The Secretary shall 

8 include in the pilot program a periodic review, to be 

9 conducted by counselors, of progress made by par10 ticipants to determine if changes to personal career 

11 strategies may be necessary. 

12 ‘‘(4) NUMBER OF PARTICIPANTS.—The Sec13 retary of Defense shall enroll at least 75 military 

14 spouses in the pilot program, but not more than 150 

15 military spouses. 

16 ‘‘(5) GEOGRAPHIC COVERAGE OF PILOT PRO17 GRAM.—The pilot program shall be conducted in at 

18 least three separate geographic areas, as determined 

19 by the Secretary of Defense. 

20 ‘‘(6) COUNSELORS.—The Secretary of Defense 

21 may enter into contracts with career counselors to 

22 provide counseling services under the pilot program. 

23 There shall be at least one counselor in each of the 

24 geographic areas of the pilot program. 


smartinez on DSKB9S0YB1PROD with BILLS
234 

HR 5136 PCS1S 

1 ‘‘(7) ANNUAL EVALUATION.—The Secretary of 

2 Defense shall conduct an annual evaluation of the 

3 pilot program to determine the following: 

4 ‘‘(A) The effectiveness of the pilot program 

5 in improving the ability of participants to iden6 tify, develop, and obtain employment in portable 

7 career fields. 

8 ‘‘(B) The self-reported levels of profes9 sional satisfaction of participants. 

10 ‘‘(C) The quality of careers selected and 

11 pursued. 

12 ‘‘(D) The rates of success— 

13 ‘‘(i) as determined and evaluated by 

14 participants; and 

15 ‘‘(ii) as determined by the Secretary. 

16 ‘‘(8) ANNUAL REPORT.— 

17 ‘‘(A) REPORT REQUIRED.—The Secretary 

18 of Defense shall submit to the Committees on 

19 Armed Services of the Senate and the House of 

20 Representatives an annual report containing— 

21 ‘‘(i) the results of the most-recent an22 nual evaluation conducted under paragraph 

23 (7); and 

24 ‘‘(ii) the matters required by subpara25 graph (B). 


smartinez on DSKB9S0YB1PROD with BILLS
235 

HR 5136 PCS1S 

1 ‘‘(B) CONTENTS.—Each report under this 

2 paragraph shall contain, at a minimum, the fol3 lowing: 

4 ‘‘(i) The number of participants in the 

5 pilot program. 

6 ‘‘(ii) Recommendations for adjust7 ments to the pilot program. 

8 ‘‘(iii) Recommendations for extending 

9 the pilot program or implementing a per10 manent comprehensive career development 

11 for military spouses. 

12 ‘‘(C) TIME FOR SUBMISSION.—The first 

13 report under this subsection shall be submitted 

14 not later than one year after the date of the 

15 commencement of counseling services under the 

16 pilot program. Subsequent reports shall be sub17 mitted for each year of the pilot program, with 

18 the final report being submitted not later than 

19 90 days after the termination of the pilot pro20 gram. 

21 ‘‘(9) TERMINATION.—The pilot program shall 

22 terminate at the end of the three-year period begin23 ning on the date on which the Secretary of Defense 

24 notifies the Committees on Armed Services of the 

25 Senate and the House of Representatives of the 


smartinez on DSKB9S0YB1PROD with BILLS
236 

HR 5136 PCS1S 

1 commencement of counseling services under the pilot 

2 program.’’. 

3 (b) IMPLEMENTATION PLAN.—Not later than 180 

4 days after the date of the enactment of this Act, the Sec5 retary of Defense shall submit to Committees on Armed 

6 Services of the Senate and the House of Representatives 

7 a plan to implement the pilot program under subsection 

8 (d) of section 1784a of title 10, United States Code, as 

9 added by subsection (a). 

10 SEC. 584. MODIFICATION OF YELLOW RIBBON REINTEGRA11 TION PROGRAM. 

12 (a) OFFICE FOR REINTEGRATION PROGRAMS.—Sub13 section (d)(1) of section 582 of the National Defense Au14 thorization Act for Fiscal Year 2008 (Public Law 110– 

15 181; 10 U.S.C. 10101 note) is amended— 

16 (1) by striking ‘‘The Under’’ and inserting the 

17 following: 

18 ‘‘(A) IN GENERAL.—The Under’’; and 

19 (2) in the last sentence— 

20 (A) by striking ‘‘The office may also’’ and 

21 inserting the following: 

22 ‘‘(B) PARTNERSHIPS AND ACCESS.—The 

23 office may’’; 

24 (B) by inserting ‘‘and the Department of 

25 Veterans Affairs’’ after ‘‘Administration’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
237 

HR 5136 PCS1S 

1 (C) by adding at the end the following new 

2 sentence: ‘‘Service and State-based programs 

3 may provide access to curriculum, training, and 

4 support for services to members and families 

5 from all components.’’. 

6 (b) CENTER FOR EXCELLENCE IN REINTEGRA7 TION.—Subsection (d)(2) of such section is amended by 

8 adding at the end the following new sentence: ‘‘The Center 

9 shall develop and implement a process for evaluating the 

10 effectiveness of the Yellow Ribbon Reintegration Program 

11 in supporting the health and well-being of members of the 

12 Armed Forces and their families throughout the deploy13 ment cycle described in subsection (g)’’. 

14 (c) STATE DEPLOYMENT CYCLE SUPPORT TEAMS.— 

15 Subsection (f)(3) of such section is amended by inserting 

16 ‘‘and community-based organizations’’ after ‘‘service pro17 viders’’. 

18 (d) OPERATION OF PROGRAM DURING DEPLOYMENT

19 AND POST-DEPLOYMENT-RECONSTITUTION PHASES.— 

20 Subsection (g) of such section is amended— 

21 (1) in paragraph (3), by inserting ‘‘and to de22 crease the isolation of families during deployment’’ 

23 after ‘‘combat zone’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
238 

HR 5136 PCS1S 

1 (2) in paragraph (5)(A), by inserting ‘‘, pro2 viding information on employment opportunities,’’ 

3 after ‘‘communities’’. 

4 (e) ADDITIONAL OUTREACH SERVICE.—Subsection 

5 (h) of such section, as amended by section 595(1) of the 

6 National Defense Authorization Act for Fiscal Year 2010 

7 (Public Law 110–84; 123 Stat. 2338), is amended by add8 ing at the end the following new paragraph: 

9 ‘‘(15) Resiliency training to promote com10 prehensive programs for members of the Armed 

11 Forces to build mental and emotional resiliency for 

12 successfully meeting the demands of the deployment 

13 cycle.’’. 

14 SEC. 585. IMPORTANCE OF OFFICE OF COMMUNITY SUP15 PORT FOR MILITARY FAMILIES WITH SPE16 CIAL NEEDS. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Office of Community Support for Military 

19 Families with Special Needs, as established pursuant to 

20 section 1781c of title 10, United States Code, as added 

21 by section 563 of the National Defense Authorization Act 

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

23 2304), is the best structure— 

24 (1) to determine what medical, educational, and 

25 other support services are required by military famiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
239 

HR 5136 PCS1S 

1 lies with children who have a medical or educational 

2 special need; and 

3 (2) to ensure that those services are made avail4 able to military families with special needs. 

5 (b) SPECIFIC BUDGETING FOR OFFICE.—Effective 

6 with the Program Objective Memorandum to be issued for 

7 fiscal year 2012 and thereafter and containing rec8 ommended programming and resource allocations for the 

9 Department of Defense, the Secretary of Defense shall 

10 specifically address the Office of Community Support for 

11 Military Families with Special Needs to ensure that a sep12 arate line of funding is allocated to the Office. 

13 SEC. 586. COMPTROLLER GENERAL REPORT ON DEPART14 MENT OF DEFENSE OFFICE OF COMMUNITY 

15 SUPPORT FOR MILITARY FAMILIES WITH 

16 SPECIAL NEEDS. 

17 (a) REPORT REQUIRED.—The Comptroller General 

18 of the United States shall prepare a report identifying— 

19 (1) the progress made in implementing the Of20 fice of Community Support for Military Families 

21 with Special Needs, as established pursuant to sec22 tion 1781c of title 10, United States Code, as added 

23 by section 563 of the National Defense Authoriza24 tion Act for Fiscal Year 2010 (Public Law 111–84; 

25 123 Stat. 2304); 


smartinez on DSKB9S0YB1PROD with BILLS
240 

HR 5136 PCS1S 

1 (2) the policies governing the operation of the 

2 Office; and 

3 (3) any gaps that still exist in ensuring that 

4 members of the Armed Forces who have dependents 

5 with special needs receive the support and services 

6 they deserve. 

7 (b) ELEMENTS OF REPORT.—In the report required 

8 by subsection (a), the Comptroller General shall specifi9 cally address the following: 

10 (1) The implementation of the responsibilities 

11 and duties assigned to the Office of Community 

12 Support for Military Families With Special Needs 

13 pursuant to subsections (d), (e), and (f) of section 

14 1781c of title 10, United States Code. 

15 (2) The manner in which the Department of 

16 Defense and the military departments intend to en17 sure that feedback is provided to the Office of Com18 munity Support for Military Families With Special 

19 Needs to ensure that the services and policy put in 

20 place are appropriate. 

21 (c) RECOMMENDATIONS.—The Comptroller General 

22 shall include in the report required by subsection (a) spe23 cific recommendations on the establishment, reporting re24 quirements, internal monitoring, and oversight of the Of25 fice of Community Support for Military Families With 


smartinez on DSKB9S0YB1PROD with BILLS
241 

HR 5136 PCS1S 

1 Special Needs by the Under Secretary of Defense for Per2 sonnel and Readiness to ensure that the mission of the 

3 Office is being accomplished. 

4 (d) REPORT.—Not later than 180 days after the date 

5 of the enactment of this Act, the Comptroller General shall 

6 submit the report required by subsection (a) to the con7 gressional defense committees. 

8 SEC. 587. COMPTROLLER GENERAL REPORT ON EXCEP9 TIONAL FAMILY MEMBER PROGRAM. 

10 (a) ASSESSMENT REQUIRED.—The Comptroller Gen11 eral of the United States shall conduct an assessment of 

12 the Exceptional Family Member Program of the Depart13 ment of Defense to review the operation of the program 

14 in each of the Armed Forces, including program policies, 

15 best practices, execution, implementation and strategic 

16 planning, to determine program variances and to make 

17 recommendations to improve and standardize program ef18 fectiveness and support for members of the Armed Forces 

19 who have dependents with special needs. 

20 (b) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Comptroller General shall 

22 submit to the congressional defense committees a report 

23 containing the results of the assessment and review under 

24 subsection (a). 


smartinez on DSKB9S0YB1PROD with BILLS
242 

HR 5136 PCS1S 

1 SEC. 588. COMPTROLLER GENERAL REVIEW OF DEPART2 MENT OF DEFENSE MILITARY SPOUSE EM3 PLOYMENT PROGRAMS. 

4 (a) COMPTROLLER GENERAL REVIEW.—The Comp5 troller General of the United States shall carry out a re6 view of all Department of Defense spouse employment pro7 grams. 

8 (b) ELEMENTS OF REVIEW.—At a minimum, the re9 view shall address the following: 

10 (1) The efficacy and effectiveness of Depart11 ment of Defense spouse employment programs. 

12 (2) All current Department of Defense pro13 grams that are in place to support military spouses 

14 or dependents for the purposes of employment as15 sistance. 

16 (3) The types of military spouse employment 

17 programs that have been considered or used in the 

18 past by the Department of Defense. 

19 (4) The ways in which military spouse employ20 ment programs have changed in recent years. 

21 (5) The benefits or programs that are specifi22 cally available to support military spouses of mem23 bers of the Armed Forces serving in Operation Iraqi 

24 Freedom or Operation Enduring Freedom. 

25 (6) The existing feedback mechanisms available 

26 for military spouses to express their views on the efVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
243 

HR 5136 PCS1S 

1 fectiveness and future direction of relevant Depart2 ment of Defense programs and policies. 

3 (7) The degree of oversight provided by the Of4 fice of Personnel and Management regarding mili5 tary spouse preferences. 

6 (c) SUBMISSION OF RESULTS.—Not later than March 

7 1, 2011, the Comptroller General shall submit to the con8 gressional defense committees a report containing— 

9 (1) the results of the review; 

10 (2) the assumptions upon which the review was 

11 based and the validity and completeness of such as12 sumptions; and 

13 (3) such recommendations as the Comptroller 

14 General considers necessary for improving Depart15 ment of Defense spouse employment programs. 

16 SEC. 589. REPORT ON DEPARTMENT OF DEFENSE MILITARY 

17 SPOUSE EDUCATION PROGRAMS. 

18 (a) REVIEW REQUIRED.—The Secretary of Defense 

19 shall carry out a review of all Department of Defense edu20 cation programs designed to support spouses of members 

21 of the Armed Forces. 

22 (b) ELEMENTS OF REVIEW.—At a minimum, the re23 view shall evaluate the following: 


smartinez on DSKB9S0YB1PROD with BILLS
244 

HR 5136 PCS1S 

1 (1) All current Department of Defense pro2 grams that are in place to advance military spouse 

3 education opportunities. 

4 (2) The efficacy and effectiveness of Depart5 ment of Defense spouse education programs. 

6 (3) The effect that a lack military spouse edu7 cation opportunities has on the ability to retain 

8 members of the Armed Forces. 

9 (4) A comparison of the costs associated with 

10 providing military spouse education opportunities to 

11 retain members rather than recruiting or training 

12 new members. 

13 (c) SUBMISSION OF RESULTS.—Not later than 180 

14 days after the date of the enactment of this Act, the Sec15 retary of Defense shall submit to the congressional defense 

16 committees a report containing— 

17 (1) the results of the review; and 

18 (2) such recommendations as the Secretary con19 siders necessary for improving Department of De20 fense spouse education programs. 

21 SEC. 590. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEM22 BERS OF THE UNIFORMED SERVICES. 

23 (a) IN GENERAL.—Part III of title 38, United States 

24 Code, is amended by adding at the end the following new 

25 chapter: 


smartinez on DSKB9S0YB1PROD with BILLS
245 

HR 5136 PCS1S 

1 ‘‘CHAPTER 44—ANNUAL LEAVE FOR FAM2 ILY OF DEPLOYED MEMBERS OF THE 

3 UNIFORMED SERVICES 

‘‘Sec. 

‘‘4401. Definitions. 

‘‘4402. Leave requirement. 

‘‘4403. Certification. 

‘‘4404. Employment and benefits protection. 

‘‘4405. Prohibited acts. 

‘‘4406. Enforcement. 

‘‘4407. Miscellaneous provisions. 

4 ‘‘§ 4401. Definitions 

5 ‘‘In this chapter: 

6 ‘‘(1) The terms ‘benefit’, ‘rights and benefits’, 

7 ‘employee’, ‘employer’, and ‘uniformed services’ have 

8 the meaning given such terms in section 4303 of 

9 this title. 

10 ‘‘(2) The term ‘contingency operation’ has the 

11 same meaning given such term in section 101(a)(13) 

12 of title 10. 

13 ‘‘(3) The term ‘eligible employee’ means an in14 dividual who is— 

15 ‘‘(A) a family member of a member of a 

16 uniformed service; 

17 ‘‘(B) an employee of the employer with re18 spect to whom leave is requested under section 

19 4402 of this title; and 


smartinez on DSKB9S0YB1PROD with BILLS
246 

HR 5136 PCS1S 

1 ‘‘(C) not entitled to leave under section 

2 102(a)(1)(E) of the Family Medical Leave Act 

3 of 1993 (29 U.S.C. 2612(a)(1)(E)). 

4 ‘‘(4) The term ‘family member’ means an indi5 vidual who is, with respect to another individual, one 

6 of the following: 

7 ‘‘(A) The spouse of the other individual. 

8 ‘‘(B) A son or daughter of the other indi9 vidual. 

10 ‘‘(C) A parent of the other individual. 

11 ‘‘(5) The term ‘reduced leave schedule’ means a 

12 leave schedule that reduces the usual number of 

13 hours per workweek, or hours per workday, of an 

14 employee. 

15 ‘‘(6) The terms ‘spouse’, ‘son or daughter’, and 

16 ‘parent’ have the meaning given such terms in sec17 tion 101 of the Family and Medical Leave Act of 

18 1993 (29 U.S.C. 2611). 

19 ‘‘§ 4402. Leave requirement 

20 ‘‘(a) ENTITLEMENT TO LEAVE.—In any 12-month 

21 period, an eligible employee shall be entitled to two work22 weeks of leave for each family member of the eligible em23 ployee who, during such 12-month period— 

24 ‘‘(1) is in the uniformed services; and 


smartinez on DSKB9S0YB1PROD with BILLS
247 

HR 5136 PCS1S 

1 ‘‘(2)(A) receives notification of an impending 

2 call or order to active duty in support of a contin3 gency operation; or 

4 ‘‘(B) is deployed in connection with a contin5 gency operation. 

6 ‘‘(b) LEAVE TAKEN INTERMITTENTLY OR ON RE7 DUCED LEAVE SCHEDULE.—(1) Leave under subsection 

8 (a) may be taken by an eligible employee intermittently 

9 or on a reduced leave schedule as the eligible employee 

10 considers appropriate. 

11 ‘‘(2) The taking of leave intermittently or on a re12 duced leave schedule pursuant to this subsection shall not 

13 result in a reduction in the total amount of leave to which 

14 the eligible employee is entitled under subsection (a) be15 yond the amount of leave actually taken. 

16 ‘‘(c) PAID LEAVE PERMITTED.—Leave granted 

17 under subsection (a) may consist of paid leave or unpaid 

18 leave as the employer of the eligible employee considers 

19 appropriate. 

20 ‘‘(d) RELATIONSHIP TO PAID LEAVE.—(1) If an em21 ployer provides paid leave to an eligible employee for fewer 

22 than the total number of workweeks of leave that the eligi23 ble employee is entitled to under subsection (a), the addi24 tional amount of leave necessary to attain the total numVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
248 

HR 5136 PCS1S 

1 ber of workweeks of leave required under subsection (a) 

2 may be provided without compensation. 

3 ‘‘(2) An eligible employee may elect, and an employer 

4 may not require the eligible employee, to substitute any 

5 of the accrued paid vacation leave, personal leave, or fam6 ily leave of the eligible employee for leave provided under 

7 subsection (a) for any part of the total period of such leave 

8 the eligible employee is entitled to under such subsection. 

9 ‘‘(e) NOTICE FOR LEAVE.—In any case in which an 

10 eligible employee chooses to use leave under subsection 

11 (a), the eligible employee shall provide such notice to the 

12 employer as is reasonable and practicable. 

13 ‘‘§ 4403. Certification 

14 ‘‘(a) IN GENERAL.—An employer may require that 

15 a request for leave under section 4402(a) of this title be 

16 supported by a certification of entitlement to such leave. 

17 ‘‘(b) TIMELINESS OF CERTIFICATION.—An eligible 

18 employee shall provide, in a timely manner, a copy of the 

19 certification required by subsection (a) to the employer. 

20 ‘‘(c) SUFFICIENT CERTIFICATION.—A copy of the no21 tification, call, or order described in section 4402(a)(2) of 

22 this title shall be considered sufficient certification of enti23 tlement to leave for purposes of providing certification 

24 under this section. The Secretary may prescribe such addi25 tional forms and manners of certification as the Secretary 


smartinez on DSKB9S0YB1PROD with BILLS
249 

HR 5136 PCS1S 

1 considers appropriate for purposes of providing certifi2 cation under this section. 

3 ‘‘§ 4404. Employment and benefits protection 

4 ‘‘(a) IN GENERAL.—An eligible employee who takes 

5 leave under section 4402 of this title for the intended pur6 pose of the leave shall be entitled, on return from such 

7 leave— 

8 ‘‘(1) to be restored by the employer to the posi9 tion of employment held by the eligible employee 

10 when the leave commenced; or 

11 ‘‘(2) to be restored to an equivalent position 

12 with equivalent rights and benefits of employment. 

13 ‘‘(b) LOSS OF BENEFITS.—The taking of leave under 

14 section 4402 of this title shall not result in the loss of 

15 any employment benefit accrued prior to the date on which 

16 the leave commenced. 

17 ‘‘(c) LIMITATIONS.—Nothing in this section shall be 

18 construed to entitle any restored employee to— 

19 ‘‘(1) the accrual of any seniority or employment 

20 benefits during any period of leave; or 

21 ‘‘(2) any right, benefit, or position of employ22 ment other than any right, benefit, or position to 

23 which the employee would have been entitled had the 

24 employee not taken the leave. 


smartinez on DSKB9S0YB1PROD with BILLS
250 

HR 5136 PCS1S 

1 ‘‘§ 4405. Prohibited acts 

2 ‘‘(a) EXERCISE OF RIGHTS.—It shall be unlawful for 

3 any employer to interfere with, restrain, or deny the exer4 cise of or the attempt to exercise, any right provided under 

5 this chapter. 

6 ‘‘(b) DISCRIMINATION.—It shall be unlawful for any 

7 employer to discharge or in any other manner discriminate 

8 against any individual for opposing any practice made un9 lawful by this chapter. 

10 ‘‘§ 4406. Enforcement 

11 ‘‘The provisions of subchapter III of chapter 43 of 

12 this title shall apply with respect to the provisions of this 

13 chapter as if such provisions were incorporated into and 

14 made part of this chapter. 

15 ‘‘§ 4407. Miscellaneous provisions 

16 ‘‘The provisions of subchapter IV of chapter 43 of 

17 this title shall apply with respect to the provisions of this 

18 chapter as if such provisions were incorporated into and 

19 made part of this chapter.’’. 

20 (b) CLERICAL AMENDMENTS.—The table of chapters 

21 at the beginning of title 38, United States Code, and at 

22 the beginning of part III of such title, are each amended 

23 by inserting after the item relating to chapter 43 the fol24 lowing new item: 

‘‘44. Annual Leave for Family of Deployed Members of 

the Uniformed Services ....................................... 4401.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
251 

HR 5136 PCS1S 

1 SEC. 590A. CODIFICATION AND CONTINUATION OF JOINT 

2 FAMILY SUPPORT ASSISTANCE PROGRAM. 

3 (a) CODIFICATION AND CONTINUATION.—Chapter 

4 88, of title 10, United States Code, is amended by insert5 ing after section 1788 the following new section: 

6 ‘‘§ 1788a. Joint Family Support Assistance Program 

7 ‘‘(a) PROGRAM REQUIRED.—The Secretary of De8 fense shall continue to carry out the program known as 

9 the ‘Joint Family Support Assistance Program’ for the 

10 purpose of providing to families of members of the armed 

11 forces the following types of assistance: 

12 ‘‘(1) Financial and material assistance. 

13 ‘‘(2) Mobile support services. 

14 ‘‘(3) Sponsorship of volunteers and family sup15 port professionals for the delivery of support serv16 ices. 

17 ‘‘(4) Coordination of family assistance pro18 grams and activities provided by Military 

19 OneSource, Military Family Life Consultants, coun20 selors, the Department of Defense, other Federal 

21 agencies, State and local agencies, and non-profit 

22 entities. 

23 ‘‘(5) Facilitation of discussion on military fam24 ily assistance programs, activities, and initiatives be25 tween and among the organizations, agencies, and 

26 entities referred to in paragraph (4). 


smartinez on DSKB9S0YB1PROD with BILLS
252 

HR 5136 PCS1S 

1 ‘‘(6) Non-medical counseling. 

2 ‘‘(7) Such other assistance that the Secretary 

3 considers appropriate. 

4 ‘‘(b) LOCATIONS.—The Secretary of Defense shall 

5 carry out the program in at least six areas of the United 

6 States selected by the Secretary. Up to three of the areas 

7 selected for the program shall be areas that are geographi8 cally isolated from military installations. 

9 ‘‘(c) RESOURCES AND VOLUNTEERS.—The Secretary 

10 of Defense shall provide personnel and other resources of 

11 the Department of Defense necessary for the implementa12 tion and operation of the program and may accept and 

13 utilize the services of non-Government volunteers and non14 profit entities under the program. 

15 ‘‘(d) PROCEDURES.—The Secretary of Defense shall 

16 establish procedures for the operation of the program and 

17 for the provision of assistance to families of members of 

18 the Armed Forces under the program. 

19 ‘‘(e) RELATION TO FAMILY SUPPORT CENTERS.— 

20 The program is not intended to operate in lieu of other 

21 family support centers, but is instead intended to augment 

22 the activities of the family support centers.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of subchapter I of such chapter is amendVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
253 

HR 5136 PCS1S 

1 ed by inserting after the item relating to section 1788a 

2 the following new item: 

‘‘1788a. Joint Family Support Assistance Program.’’. 

3 (c) REPEAL OF SUPERCEDED PROVISION.—Section 

4 675 of the John Warner National Defense Authorization 

5 Act for Fiscal Year 2007 (Public Law 109–364; 119 Stat. 

6 2273; 10 U.S.C. 1781 note) is repealed. 

7 Subtitle J—Other Matters 

8 SEC. 591. ESTABLISHMENT OF JUNIOR RESERVE OFFICERS’ 

9 TRAINING CORPS UNITS FOR STUDENTS IN 

10 GRADES ABOVE SIXTH GRADE. 

11 Section 2031 of title 10, United States Code, is 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(g)(1) In addition to units of the Junior Reserve Of15 ficers’ Training Corps established at public and private 

16 secondary educational institutions under subsection (a), 

17 the Secretary of each military department may carry out 

18 a pilot program to establish and support units at public 

19 and private educational institutions that are not secondary 

20 educational institutions to permit the enrollment of stu21 dents in the Corps who, notwithstanding the limitation in 

22 subsection (b)(1), are in a grade above the sixth grade. 

23 Under the pilot program, the Secretary may authorize a 

24 course of military instruction of not less than two aca25 demic years’ duration, notwithstanding subsection (b)(3). 


smartinez on DSKB9S0YB1PROD with BILLS
254 

HR 5136 PCS1S 

1 ‘‘(2) Except as provided in paragraph (1), a unit of 

2 the Junior Reserve Officers’ Training Corps established 

3 and supported under the pilot program must meet the re4 quirements of this section. 

5 ‘‘(3) The Secretary of the military department con6 cerned shall conduct a review of the pilot program. The 

7 review shall include an evaluation of what impacts, if any, 

8 the pilot program may have on the operation of the Junior 

9 Reserve Officers’ Training Corps in secondary educational 

10 institutions.’’. 

11 SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CI12 VILIANS AUTHORIZED FOR ADMISSION TO 

13 NATIONAL DEFENSE UNIVERSITY. 

14 Section 2167(a) of title 10, United States Code, is 

15 amended by striking ‘‘20 full-time student positions’’ and 

16 inserting ‘‘35 full-time student positions’’. 

17 SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO 

18 ATTEND UNITED STATES AIR FORCE INSTI19 TUTE OF TECHNOLOGY. 

20 (a) ADMISSION AUTHORITY.—Chapter 901 of title 

21 10, United States Code, is amended by inserting after sec22 tion 9314 the following new section: 


smartinez on DSKB9S0YB1PROD with BILLS
255 

HR 5136 PCS1S 

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 


smartinez on DSKB9S0YB1PROD with BILLS
256 

HR 5136 PCS1S 

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— 


smartinez on DSKB9S0YB1PROD with BILLS
257 

HR 5136 PCS1S 

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. 

23 ‘‘(f) STANDARDS OF CONDUCT.—While receiving in24 struction at the United States Air Force Institute of Tech25 nology, defense industry employees enrolled under this secVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
258 

HR 5136 PCS1S 

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. DATE FOR SUBMISSION OF ANNUAL REPORT ON 

10 DEPARTMENT OF DEFENSE STARBASE PRO11 GRAM. 

12 Section 2193b(g) of title 10, United States Code, is 

13 amended by striking ‘‘90 days after the end of each fiscal 

14 year’’ and inserting ‘‘March 31 of each year’’. 

15 SEC. 595. EXTENSION OF DEADLINE FOR SUBMISSION OF 

16 FINAL REPORT OF MILITARY LEADERSHIP DI17 VERSITY COMMISSION. 

18 Section 596(e)(1) of the Duncan Hunter National 

19 Defense Authorization Act for Fiscal Year 2009 (Public 

20 Law 110–417; 122 Stat. 4478) is amended by striking 

21 ‘‘12 months’’ and inserting ‘‘18 months’’. 


smartinez on DSKB9S0YB1PROD with BILLS
259 

HR 5136 PCS1S 

1 SEC. 596. ENHANCED AUTHORITY FOR MEMBERS OF THE 

2 ARMED FORCES AND DEPARTMENT OF DE3 FENSE AND COAST GUARD CIVILIAN EMPLOY4 EES AND THEIR FAMILIES TO ACCEPT GIFTS 

5 FROM NON-FEDERAL ENTITIES. 

6 (a) CODIFICATION AND EXPANSION OF EXISTING

7 AUTHORITY TO COVER ADDITIONAL MEMBERS AND EM8 PLOYEES.— 

9 (1) CODIFICATION AND EXPANSION.—Chapter 

10 155 of title 10, United States Code, is amended by 

11 inserting after section 2601 the following new sec12 tion: 

13 ‘‘§ 2601a. Direct acceptance of gifts by members of 

14 the armed forces and Department of De15 fense and Coast Guard employees and 

16 their families 

17 ‘‘(a) REGULATIONS GOVERNING ACCEPTANCE OF

18 GIFTS.—(1) The Secretary of Defense (and the Secretary 

19 of Homeland Security in the case of the Coast Guard) 

20 shall issue regulations to provide that, subject to such lim21 itations as may be specified in such regulations, the fol22 lowing individuals may accept gifts from nonprofit organi23 zations, private parties, and other sources outside the De24 partment of Defense or the Department of Homeland Se25 curity: 


smartinez on DSKB9S0YB1PROD with BILLS
260 

HR 5136 PCS1S 

1 ‘‘(A) A member of the armed forces described 

2 in subsection (c). 

3 ‘‘(B) A civilian employee of the Department of 

4 Defense or Coast Guard described in subsection (d). 

5 ‘‘(C) The family members of such a member or 

6 employee. 

7 ‘‘(D) Survivors of such a member or employee 

8 who is killed. 

9 ‘‘(2) The regulations required by this subsection shall 

10 apply uniformly to all elements of the Department of De11 fense and, to the maximum extent feasible, to the Coast 

12 Guard. 

13 ‘‘(b) EXCEPTION TO GIFT BAN.—A member of the 

14 armed forces described in subsection (c) and a civilian em15 ployee described in subsection (d) may accept gifts as pro16 vided in the regulations issued under subsection (a) not17 withstanding section 7353 of title 5. 

18 ‘‘(c) COVERED MEMBERS.—This section applies to a 

19 member of the armed forces who, while performing active 

20 duty, full-time National Guard duty, or inactive-duty 

21 training on or after September 11, 2001, incurred an in22 jury or illness— 

23 ‘‘(1) as described in section 1413a(e)(2) of this 

24 title; 


smartinez on DSKB9S0YB1PROD with BILLS
261 

HR 5136 PCS1S 

1 ‘‘(2) in an operation or area designated as a 

2 combat operation or a combat zone by the Secretary 

3 of Defense in accordance with the regulations issued 

4 under subsection (a); or 

5 ‘‘(3) under other circumstances determined by 

6 the Secretary concerned to warrant treatment analo7 gous to members covered by paragraph (1) or (2). 

8 ‘‘(d) COVERED EMPLOYEES.—This section applies to 

9 a civilian employee of the Department of Defense or Coast 

10 Guard who, while an employee on or after September 11, 

11 2001, incurred an injury or illness under a circumstance 

12 described in paragraph (1), (2), or (3) of subsection (c). 

13 ‘‘(e) GIFTS FROM CERTAIN SOURCES PROHIB14 ITED.—The regulations issued under subsection (a) may 

15 not authorize the acceptance of a gift from a foreign gov16 ernment or international organization or their agents.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of such chapter is amended 

19 by inserting after the item relating to section 2601 

20 the following new item: 

‘‘2601a. Direct acceptance of gifts by members of the armed forces and Department of Defense and Coast Guard employees and their families.’’. 

21 (b) REPEAL OF SUPERCEDED PROVISION.—Section 

22 8127 of the Department of Defense Appropriations Act, 

23 2006 (division A of Public Law 109–148; 119 Stat. 2730; 

24 10 U.S.C. 2601 note prec.) is repealed. 


smartinez on DSKB9S0YB1PROD with BILLS
262 

HR 5136 PCS1S 

1 (c) APPLICATION OF EXISTING REGULATIONS.— 

2 Pending the issuance of the regulations required by sub3 section (a) of section 2601a of title 10, United States 

4 Code, as added by subsection (a), the regulations pre5 scribed under section 8127 of the Department of Defense 

6 Appropriations Act, 2006 (division A of Public Law 109– 

7 148; 119 Stat. 2730; 10 U.S.C. 2601 note prec.) shall 

8 apply to the acceptance of gifts under such section 2601a. 

9 (d) RETROACTIVE APPLICABILITY OF REGULA10 TIONS.—The regulations issued under subsection (a) of 

11 section 2601a of title 10, United States Code, as added 

12 by subsection (a), shall, to the extent provided in such reg13 ulations, also apply to the acceptance of gifts during the 

14 period beginning on September 11, 2001, and ending on 

15 the date on which such regulations go into effect. 

16 SEC. 597. REPORT ON PERFORMANCE AND IMPROVEMENTS 

17 OF TRANSITION ASSISTANCE PROGRAM. 

18 (a) REPORT REQUIRED.—The Secretary of Defense 

19 shall prepare a report on the Transition Assistance Pro20 gram of the Department of Defense. 

21 (b) ELEMENTS.—The report shall include the fol22 lowing: 

23 (1) A statement and analysis of the rates of 

24 post-separation employment rates compared with the 


smartinez on DSKB9S0YB1PROD with BILLS
263 

HR 5136 PCS1S 

1 general population annually since September 11, 

2 2001. 

3 (2) A chronological summary of the evolution 

4 and development of the Transition Assistance Pro5 gram since September 11, 2001. 

6 (3) A description of efforts to transform the 

7 Transition Assistance Program from one of end-of8 service transition to a life-cycle model, in which 

9 transition is considered throughout the career of a 

10 member of the Armed Forces. 

11 (4) An analysis of current and future challenges 

12 members continue to face upon entering the civilian 

13 work force, including a survey of the following indi14 viduals and organizations to identify strengths and 

15 shortcomings in the Transition Assistance Program: 

16 (A) A representational population of 

17 transitioning or recently separated members. 

18 (B) Employers with a track record of em19 ploying retired or separating members. 

20 (C) Veterans service organizations and ad21 vocacy groups. 

22 (5) Any recommendations, including rec23 ommendations for legislative action, that the Sec24 retary of Defense considers appropriate to improve 


smartinez on DSKB9S0YB1PROD with BILLS
264 

HR 5136 PCS1S 

1 the organization, policies, consistency of quality, and 

2 efficacy of the Transition Assistance Program. 

3 (c) CONSULTATION.—The Secretary of Defense shall 

4 prepare the report in consultation with the Secretary of 

5 Labor. 

6 (d) SUBMISSION OF REPORT.—Not later than 270 

7 days after the date of the enactment of this Act, the Sec8 retary of Defense shall submit the report to the Commit9 tees on Armed Services of the Senate and the House of 

10 Representatives. 

11 SEC. 598. SENSE OF CONGRESS REGARDING ASSISTING 

12 MEMBERS OF THE ARMED FORCES TO PAR13 TICIPATE IN APPRENTICESHIP PROGRAMS. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) Some members of the Armed Forces who 

17 are separated or released from active duty are hav18 ing difficulty finding employment after their separa19 tion or release. 

20 (2) Some members who have served for long pe21 riods on active duty have the additional difficulty of 

22 translating their military experience into skill sets 

23 for civilian employment. 


smartinez on DSKB9S0YB1PROD with BILLS
265 

HR 5136 PCS1S 

1 (3) Apprenticeship programs bring immense 

2 value to the American workforce and to individuals 

3 who participate in such programs. 

4 (4) Apprenticeship programs assist in the build5 ing of re ́sume ́s and skills of participants and help 

6 connect participants with employers and job oppor7 tunities. 

8 (5) Military units returning from deployment 

9 often operate at a reduced readiness status, which 

10 would allow members who are assigned to the unit, 

11 but who are in the process of being separated or re12 leased from active duty, to be available to participate 

13 in apprenticeship programs. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that commanders of units of the Armed Forces 

16 should make every effort to permit members of the Armed 

17 Forces who are assigned to the unit, but who are in the 

18 process of being separated or released from active duty, 

19 to participate in an apprenticeship program that is reg20 istered under the Act of Aug. 16, 1937 (commonly known 

21 as the National Apprenticeship Act; 29 U.S.C. 50 et seq.). 

22 (c) ARMED FORCES DEFINED.—In this section, the 

23 term ‘‘Armed Forces’’ means the Army, Navy, Air Force, 

24 and Marine Corps. 


smartinez on DSKB9S0YB1PROD with BILLS
266 

HR 5136 PCS1S 

1 SEC. 599. REPORT ON EXPANSION OF NUMBER OF HEIR2 LOOM CHEST AWARDED TO SURVIVING FAMI3 LIES. 

4 The Secretary of the Army shall submit to the con5 gressional defense committees a report on the heirloom 

6 chest policy of the Army, including— 

7 (1) a detailed explanation of such policy; 

8 (2) the plans of the Secretary to continue the 

9 heirloom chest program; and 

10 (3) an estimate of the procurement costs to ex11 pand the number of such chests to additional family 

12 members. 

13 SEC. 600. INCREASE OF MAXIMUM AGE FOR CHILDREN ELI14 GIBLE FOR MEDICAL CARE UNDER CHAMPVA 

15 PROGRAM. 

16 (a) INCREASE.—Section 1781(c) of title 38, United 

17 States Code, is amended— 

18 (1) by striking ‘‘twenty-three’’ and inserting 

19 ‘‘twenty-six’’; and 

20 (2) by striking ‘‘twenty-third birthday’’ and in21 serting ‘‘twenty-sixth birthday’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 subsection (a) shall apply with respect to medical care pro24 vided on or after the date of the enactment of this Act. 


smartinez on DSKB9S0YB1PROD with BILLS
267 

HR 5136 PCS1S 

1 SEC. 600A. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM 

2 FROM DEPARTMENT OF EDUCATION TO DE3 PARTMENT OF DEFENSE. 

4 (a) TRANSFER OF FUNCTIONS.— 

5 (1) TRANSFER.—The responsibility and author6 ity for operation and administration of the Troops7 to-Teachers Program in chapter A of subpart 1 of 

8 part C of title II of the Elementary and Secondary 

9 Education Act of 1965 (20 U.S.C. 6671 et seq.), is 

10 transferred from the Secretary of Education to the 

11 Secretary of Defense. 

12 (2) EFFECTIVE DATE.—The transfer under 

13 paragraph (1) shall take effect on the first day of 

14 the first month beginning more than 180 days after 

15 the date of the enactment of this Act, or on such 

16 earlier date as the Secretary of Education and the 

17 Secretary of Defense may jointly provide. 

18 (b) ENACTMENT OF PROGRAM AUTHORITY IN TITLE

19 10, UNITED STATES CODE.— 

20 (1) IN GENERAL.—Chapter 58 of title 10, 

21 United States Code, is amended by adding at the 

22 end the following new section: 

23 ‘‘§ 1154. Assistance to eligible members and former 

24 members to obtain employment as teach25 ers: Troops-to-Teachers Program 

26 ‘‘(a) DEFINITIONS.—In this section: 


smartinez on DSKB9S0YB1PROD with BILLS
268 

HR 5136 PCS1S 

1 ‘‘(1) PROGRAM.—The term ‘Program’ means 

2 the Troops-to-Teachers Program authorized by this 

3 section. 

4 ‘‘(2) MEMBER OF THE ARMED FORCES.—The 

5 term ‘member of the armed forces’ includes a former 

6 member of the armed forces. 

7 ‘‘(3) CHARTER SCHOOL.—The term ‘charter 

8 school’ has the meaning given that term in section 

9 5210 of the Elementary and Secondary Education 

10 Act of 1965 (20 U.S.C. 7221i). 

11 ‘‘(4) ADDITIONAL TERMS.—The terms ‘elemen12 tary school’, ‘highly qualified teacher’, ‘local edu13 cational agency’, ‘secondary school’, and ‘state’ have 

14 the meanings given those terms in section 9101 of 

15 the Elementary and Secondary Education Act of 

16 1965 (20 U.S.C. 7801). 

17 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary 

18 may carry out a program (to be known as the ‘Troops19 to-Teachers Program’)— 

20 ‘‘(1) to assist eligible members of the armed 

21 forces described in subsection (d) to obtain certifi22 cation or licensing as elementary school teachers, 

23 secondary school teachers, or vocational or technical 

24 teachers, and to become highly qualified teachers; 

25 and 


smartinez on DSKB9S0YB1PROD with BILLS
269 

HR 5136 PCS1S 

1 ‘‘(2) to facilitate the employment of such mem2 bers— 

3 ‘‘(A) by local educational agencies or pub4 lic charter schools that the Secretary of Edu5 cation identifies as— 

6 ‘‘(i) receiving grants under part A of 

7 title I of the Elementary and Secondary 

8 Education Act of 1965 (20 U.S.C. 6301 et 

9 seq.) as a result of having within their ju10 risdictions concentrations of children from 

11 low-income families; or 

12 ‘‘(ii) experiencing a shortage of highly 

13 qualified teachers, in particular a shortage 

14 of science, mathematics, special education, 

15 or vocational or technical teachers; and 

16 ‘‘(B) in elementary schools or secondary 

17 schools, or as vocational or technical teachers. 

18 ‘‘(c) PLACEMENT ASSISTANCE AND REFERRAL SERV19 ICES.—The Secretary may provide placement assistance 

20 and referral services to members of the armed forces who 

21 meet the criteria described in subsection (d), including 

22 meeting the education qualification requirements under 

23 subsection (d)(3)(B). Such members shall not be eligible 

24 for financial assistance under paragraphs (3) and (4) of 

25 subsection (e). 


smartinez on DSKB9S0YB1PROD with BILLS
270 

HR 5136 PCS1S 

1 ‘‘(d) ELIGIBILITY AND APPLICATION PROCESS.— 

2 ‘‘(1) ELIGIBLE MEMBERS.—The following mem3 bers of the armed forces are eligible for selection to 

4 participate in the Program: 

5 ‘‘(A) Any member who— 

6 ‘‘(i) on or after October 1, 1999, be7 comes entitled to retired or retainer pay 

8 under this title or title 14; 

9 ‘‘(ii) has an approved date of retire10 ment that is within one year after the date 

11 on which the member submits an applica12 tion to participate in the Program; or 

13 ‘‘(iii) has been transferred to the Re14 tired Reserve. 

15 ‘‘(B) Any member who, on or after Janu16 ary 8, 2002— 

17 ‘‘(i)(I) is separated or released from 

18 active duty after six or more years of con19 tinuous active duty immediately before the 

20 separation or release; or 

21 ‘‘(II) has completed a total of at 

22 least ten years of active duty service, 

23 ten years of service computed under 

24 section 12732 of this title, or ten 


smartinez on DSKB9S0YB1PROD with BILLS
271 

HR 5136 PCS1S 

1 years of any combination of such serv2 ice; and 

3 ‘‘(ii) executes a reserve commitment 

4 agreement for a period of not less than 

5 three years under paragraph (5)(B). 

6 ‘‘(C) Any member who, on or after Janu7 ary 8, 2002, is retired or separated for physical 

8 disability under chapter 61 of this title. 

9 ‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Se10 lection of eligible members of the armed forces to 

11 participate in the Program shall be made on the 

12 basis of applications submitted to the Secretary 

13 within the time periods specified in subparagraph 

14 (B). An application shall be in such form and con15 tain such information as the Secretary may require. 

16 ‘‘(B) An application shall be considered to be 

17 submitted on a timely basis under subparagraph 

18 (A)(i), (B), or (C) of paragraph (1) if the applica19 tion is submitted not later than four years after the 

20 date on which the member is retired or separated or 

21 released from active duty, whichever applies to the 

22 member. 

23 ‘‘(3) SELECTION CRITERIA; EDUCATIONAL

24 BACKGROUND REQUIREMENTS AND HONORABLE

25 SERVICE REQUIREMENT.—(A) Subject to subparaVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
272 

HR 5136 PCS1S 

1 graphs (B) and (C), the Secretary shall prescribe 

2 the criteria to be used to select eligible members of 

3 the armed forces to participate in the Program. 

4 ‘‘(B)(i) If a member of the armed forces is ap5 plying for assistance for placement as an elementary 

6 school or secondary school teacher, the Secretary 

7 shall require the member to have received a bacca8 laureate or advanced degree from an accredited in9 stitution of higher education. 

10 ‘‘(ii) If a member of the armed forces is apply11 ing for assistance for placement as a vocational or 

12 technical teacher, the Secretary shall require the 

13 member— 

14 ‘‘(I) to have received the equivalent of one 

15 year of college from an accredited institution of 

16 higher education and have six or more years of 

17 military experience in a vocational or technical 

18 field; or 

19 ‘‘(II) to otherwise meet the certification or 

20 licensing requirements for a vocational or tech21 nical teacher in the State in which the member 

22 seeks assistance for placement under the Pro23 gram. 

24 ‘‘(C) A member of the armed forces is eligible 

25 to participate in the Program only if the member’s 


smartinez on DSKB9S0YB1PROD with BILLS
273 

HR 5136 PCS1S 

1 last period of service in the armed forces was honor2 able, as characterized by the Secretary concerned. A 

3 member selected to participate in the Program be4 fore the retirement of the member or the separation 

5 or release of the member from active duty may con6 tinue to participate in the Program after the retire7 ment, separation, or release only if the member’s 

8 last period of service is characterized as honorable 

9 by the Secretary concerned. 

10 ‘‘(4) SELECTION PRIORITIES.—In selecting eli11 gible members of the armed forces to receive assist12 ance under the Program, the Secretary shall give 

13 priority to members who— 

14 ‘‘(A) have educational or military experi15 ence in science, mathematics, special education, 

16 or vocational or technical subjects; and 

17 ‘‘(B) agree to seek employment as science, 

18 mathematics, or special education teachers in 

19 elementary schools or secondary schools or in 

20 other schools under the jurisdiction of a local 

21 educational agency. 

22 ‘‘(5) OTHER CONDITIONS ON SELECTION.— 

23 ‘‘(A) The Secretary may not select an eligi24 ble member of the armed forces to participate 

25 in the Program and receive financial assistance 


smartinez on DSKB9S0YB1PROD with BILLS
274 

HR 5136 PCS1S 

1 unless the Secretary has sufficient appropria2 tions for the Program available at the time of 

3 the selection to satisfy the obligations to be in4 curred by the United States under subsection 

5 (e) with respect to the member. 

6 ‘‘(B) The Secretary may not select an eli7 gible member of the armed forces described in 

8 paragraph (1)(B)(i) to participate in the Pro9 gram under this section and receive financial 

10 assistance under subsection (e) unless the mem11 ber executes a written agreement to serve as a 

12 member of the Selected Reserve of a reserve 

13 component of the armed forces for a period of 

14 not less than three years (in addition to any 

15 other reserve commitment the member may 

16 have). 

17 ‘‘(e) PARTICIPATION AGREEMENT AND FINANCIAL

18 ASSISTANCE.— 

19 ‘‘(1) PARTICIPATION AGREEMENT.—(A) An eli20 gible member of the armed forces selected to partici21 pate in the Program under subsection (b) and re22 ceive financial assistance under this subsection shall 

23 be required to enter into an agreement with the Sec24 retary in which the member agrees— 


smartinez on DSKB9S0YB1PROD with BILLS
275 

HR 5136 PCS1S 

1 ‘‘(i) within such time as the Secretary 

2 may require, to obtain certification or li3 censing as an elementary school teacher, 

4 secondary school teacher, or vocational or 

5 technical teacher, and to become a highly 

6 qualified teacher; and 

7 ‘‘(ii) to accept an offer of full-time 

8 employment as an elementary school teach9 er, secondary school teacher, or vocational 

10 or technical teacher for not less than three 

11 school years with a high-need local edu12 cational agency or public charter school, as 

13 such terms are defined in section 2102 of 

14 the Elementary and Secondary Education 

15 Act (20 U.S.C. 6602), to begin the school 

16 year after obtaining that certification or li17 censing. 

18 ‘‘(B) The Secretary may waive the three-year 

19 commitment described in subparagraph (A)(ii) for a 

20 participant if the Secretary determines such waiver 

21 to be appropriate. If the Secretary provides the 

22 waiver, the participant shall not be considered to be 

23 in violation of the agreement and shall not be re24 quired to provide reimbursement under subsection 

25 (f), for failure to meet the three-year commitment. 


smartinez on DSKB9S0YB1PROD with BILLS
276 

HR 5136 PCS1S 

1 ‘‘(2) VIOLATION OF PARTICIPATION AGREE2 MENT; EXCEPTIONS.—A participant in the Program 

3 shall not be considered to be in violation of the par4 ticipation agreement entered into under paragraph 

5 (1) during any period in which the participant— 

6 ‘‘(A) is pursuing a full-time course of 

7 study related to the field of teaching at an in8 stitution of higher education; 

9 ‘‘(B) is serving on active duty as a member 

10 of the armed forces; 

11 ‘‘(C) is temporarily totally disabled for a 

12 period of time not to exceed three years as es13 tablished by sworn affidavit of a qualified physi14 cian; 

15 ‘‘(D) is unable to secure employment for a 

16 period not to exceed 12 months by reason of the 

17 care required by a spouse who is disabled; 

18 ‘‘(E) is a highly qualified teacher who is 

19 seeking and unable to find full-time employ20 ment as a teacher in an elementary school or 

21 secondary school or as a vocational or technical 

22 teacher for a single period not to exceed 27 

23 months; or 


smartinez on DSKB9S0YB1PROD with BILLS
277 

HR 5136 PCS1S 

1 ‘‘(F) satisfies the provisions of additional 

2 reimbursement exceptions that may be pre3 scribed by the Secretary. 

4 ‘‘(3) STIPEND FOR PARTICIPANTS.—(A) Subject 

5 to subparagraph (B), the Secretary may pay to a 

6 participant in the Program selected under this sec7 tion a stipend in an amount of not more than 

8 $5,000. 

9 ‘‘(B) The total number of stipends that may be 

10 paid under subparagraph (A) in any fiscal year may 

11 not exceed 5,000. 

12 ‘‘(4) BONUS FOR PARTICIPANTS.—(A) Subject 

13 to subparagraph (B), the Secretary may, in lieu of 

14 paying a stipend under paragraph (3), pay a bonus 

15 of $10,000 to a participant in the Program selected 

16 under this section who agrees in the participation 

17 agreement under paragraph (1) to become a highly 

18 qualified teacher and to accept full-time employment 

19 as an elementary school teacher, secondary school 

20 teacher, or vocational or technical teacher for not 

21 less than three school years in a high-need school. 

22 ‘‘(B) The total number of bonuses that may be 

23 paid under subparagraph (A) in any fiscal year may 

24 not exceed 3,000. 


smartinez on DSKB9S0YB1PROD with BILLS
278 

HR 5136 PCS1S 

1 ‘‘(C) For purposes of subparagraph (A), the 

2 term ‘high-need school’ means a public elementary 

3 school, public secondary school, or public charter 

4 school that meets one or more of the following cri5 teria: 

6 ‘‘(i) At least 50 percent of the students en7 rolled in the school were from low-income fami8 lies (as described in subsection (b)(2)(A)(i)). 

9 ‘‘(ii) The school has a large percentage of 

10 students who qualify for assistance under part 

11 B of the Individuals with Disabilities Education 

12 Act (20 U.S.C. 1411 et seq.). 

13 ‘‘(5) TREATMENT OF STIPEND AND BONUS.—A 

14 stipend or bonus paid under this subsection to a 

15 participant in the Program shall be taken into ac16 count in determining the eligibility of the participant 

17 for Federal student financial assistance provided 

18 under title IV of the Higher Education Act of 1965 

19 (20 U.S.C. 1070 et seq.). 

20 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR21 CUMSTANCES.— 

22 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici23 pant in the Program who is paid a stipend or bonus 

24 under this subsection shall be required to repay the 

25 stipend or bonus under the following circumstances: 


smartinez on DSKB9S0YB1PROD with BILLS
279 

HR 5136 PCS1S 

1 ‘‘(A) The participant fails to obtain teach2 er certification or licensing, to become a highly 

3 qualified teacher, or to obtain employment as 

4 an elementary school teacher, secondary school 

5 teacher, or vocational or technical teacher as re6 quired by the participation agreement under 

7 subsection (e)(1). 

8 ‘‘(B) The participant voluntarily leaves, or 

9 is terminated for cause from, employment as an 

10 elementary school teacher, secondary school 

11 teacher, or vocational or technical teacher dur12 ing the three years of required service in viola13 tion of the participation agreement. 

14 ‘‘(C) The participant executed a written 

15 agreement with the Secretary concerned under 

16 subsection (d)(5)(B) to serve as a member of a 

17 reserve component of the armed forces for a pe18 riod of three years and fails to complete the re19 quired term of service. 

20 ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici21 pant required to reimburse the Secretary for a sti22 pend or bonus paid to the participant under sub23 section (e) shall pay an amount that bears the same 

24 ratio to the amount of the stipend or bonus as the 

25 unserved portion of required service bears to the 


smartinez on DSKB9S0YB1PROD with BILLS
280 

HR 5136 PCS1S 

1 three years of required service. Any amount owed by 

2 the participant shall bear interest at the rate equal 

3 to the highest rate being paid by the United States 

4 on the day on which the reimbursement is deter5 mined to be due for securities having maturities of 

6 90 days or less and shall accrue from the day on 

7 which the participant is first notified of the amount 

8 due. 

9 ‘‘(3) TREATMENT OF OBLIGATION.—The obliga10 tion to reimburse the Secretary under this sub11 section is, for all purposes, a debt owing the United 

12 States. A discharge in bankruptcy under title 11 

13 shall not release a participant from the obligation to 

14 reimburse the Secretary under this subsection. 

15 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT RE16 QUIREMENT.—A participant shall be excused from 

17 reimbursement under this subsection if the partici18 pant becomes permanently totally disabled as estab19 lished by sworn affidavit of a qualified physician. 

20 The Secretary may also waive the reimbursement in 

21 cases of extreme hardship to the participant, as de22 termined by the Secretary. 

23 ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

24 UNDER MONTGOMERY GI BILL.—The receipt by a partic25 ipant in the Program of a stipend or bonus under this 


smartinez on DSKB9S0YB1PROD with BILLS
281 

HR 5136 PCS1S 

1 subsection (e) shall not reduce or otherwise affect the enti2 tlement of the participant to any benefits under chapter 

3 30 or 33 of title 38 or chapter 1606 of this title. 

4 ‘‘(h) PARTICIPATION BY STATES.— 

5 ‘‘(1) DISCHARGE OF STATE ACTIVITIES

6 THROUGH CONSORTIA OF STATES.—The Secretary 

7 may permit States participating in the Program to 

8 carry out activities authorized for such States under 

9 the Program through one or more consortia of such 

10 States. 

11 ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 

12 subparagraph (B), the Secretary may make grants 

13 to States participating in the Program, or to con14 sortia of such States, in order to permit such States 

15 or consortia of States to operate offices for purposes 

16 of recruiting eligible members of the armed forces 

17 for participation in the Program and facilitating the 

18 employment of participants in the Program as ele19 mentary school teachers, secondary school teachers, 

20 and vocational or technical teachers. 

21 ‘‘(B) The total amount of grants made under 

22 subparagraph (A) in any fiscal year may not exceed 

23 $5,000,000.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
282 

HR 5136 PCS1S 

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘1154. Troops-to-Teachers Program.’’. 

4 (c) CONFORMING AMENDMENT.—Section 

5 1142(b)(4)(C) of such title is amended by striking ‘‘under 

6 sections 1152 and 1153 of this title and the Troops-to7 Teachers Program under section 2302 of the Elementary 

8 and Secondary Education Act of 1965 (20 U.S.C. 6672)’’ 

9 and inserting ‘‘under sections 1152, 1153, and 1154 of 

10 this title’’. 

11 (d) TERMINATION OF ORIGINAL PROGRAM.— 

12 (1) TERMINATION.— 

13 (A) Chapter A of subpart 1 of part C of 

14 the Elementary and Secondary Education Act 

15 of 1965 (20 U.S.C. 6671 et seq.) is repealed. 

16 (B) The table of contents in section 2 of 

17 part I of the Elementary and Secondary Edu18 cation Act of 1965 is amended by striking the 

19 items relating to chapter A of subpart 1 of part 

20 C of said Act. 

21 (2) EXISTING AGREEMENTS.—The repeal of 

22 such chapter shall not affect the validity or terms of 

23 any agreement entered into before the date of the 

24 enactment of this Act under chapter A of subpart 1 

25 of part C of the Elementary and Secondary EduVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
283 

HR 5136 PCS1S 

1 cation Act of 1965 (20 U.S.C. 6671 et seq.), or to 

2 pay assistance, make grants, or obtain reimburse3 ment in connection with such an agreement as in ef4 fect before such repeal. 

5 (e) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the effective date of the 

7 transfer under subsection (a). 

8 SEC. 600B. ENHANCEMENTS TO THE TROOPS-TO-TEACHERS 

9 PROGRAM. 

10 (a) YEARS OF SERVICE REQUIREMENTS.—Sub11 section (d) of section 1154 title 10, United States Code, 

12 as added by section 600A, is amended— 

13 (1) in paragraph (1)— 

14 (A) by striking ‘‘or’’ at the end of subpara15 graph (B); 

16 (B) by striking the period at the end of 

17 subparagraph (C) and inserting ‘‘; or’’; and 

18 (C) by adding at the end the following new 

19 subparagraph: 

20 ‘‘(D) commencing on or after September 

21 11, 2001, serves at least four years on active 

22 duty (as such term is defined in section 

23 101(d)(1) of this title, except that such term 

24 does not include a period of service described in 

25 paragraphs (1) through (3) of section 3311(d) 


smartinez on DSKB9S0YB1PROD with BILLS
284 

HR 5136 PCS1S 

1 of title 38) in the Armed Forces (excluding 

2 service on active duty in entry level or skills 

3 training) and, after completion of such service, 

4 is discharged or released as follows: 

5 ‘‘(i) A discharge from active duty in 

6 the armed forces with an honorable dis7 charge. 

8 ‘‘(ii) A release after service on active 

9 duty in the armed forces characterized by 

10 the Secretary concerned as honorable serv11 ice and placement on the retired list, 

12 transfer to the Fleet Reserve or Fleet Ma13 rine Corps Reserve, or placement on the 

14 temporary disability retired list. 

15 ‘‘(iii) A release from active duty in the 

16 armed forces for further service in a re17 serve component of the armed forces after 

18 service on active duty characterized by the 

19 Secretary concerned as honorable service.’’. 

20 (b) DEFINITION OF LOCAL EDUCATION AGENCY AND

21 PUBLIC CHARTER SCHOOLS.—Such section is further 

22 amended as follows: 

23 (1) Clause (i) of subsection (b)(2)(A) of such 

24 section is amended to read as follows: 


smartinez on DSKB9S0YB1PROD with BILLS
285 

HR 5136 PCS1S 

1 ‘‘(i) receiving grants under part A of 

2 title I, a Bureau-funded school (as such 

3 term is defined in section 1141 of the Edu4 cation Amendments of 1978 (25 U.S.C. 

5 2021(3)), or public charter school;’’. 

6 (2) In subsection (e)(1)(A)(ii), by striking ‘‘or 

7 public charter school receiving grants under part A 

8 of title I of the Elementary and Secondary Edu9 cation Act of 1965 (20 U.S.C. 6311 et seq.)’’ and 

10 inserting ‘‘receiving grants under part A of title I, 

11 a Bureau-funded school (as such term is defined in 

12 section 1141 of the Education Amendments of 1978 

13 (25 U.S.C. 2021(3)) or public charter school’’. 

14 (c) TROOPS-TO-TEACHERS ADVISORY BOARD.—Such 

15 section is further amended by adding at the end the fol16 lowing new subsection: 

17 ‘‘(f) ADVISORY BOARD.— 

18 ‘‘(1) ESTABLISHMENT.—Not later than 120 

19 days after the date of enactment of section 1154 of 

20 this title, the Secretary of Education and the Sec21 retary of Defense shall establish an advisory board 

22 composed of— 

23 ‘‘(A) a representative from the Department 

24 of Defense; 


smartinez on DSKB9S0YB1PROD with BILLS
286 

HR 5136 PCS1S 

1 ‘‘(B) a representative from the Depart2 ment of Education; 

3 ‘‘(C) representatives from 3 State offices 

4 that operate to recruit eligible members of the 

5 armed forces for participation in the Program 

6 and facilitating the employment of participants 

7 in the Program as elementary school teachers, 

8 secondary school teachers, and vocational or 

9 technical teachers; and 

10 ‘‘(D) a representative from each of 3 vet11 eran service organizations. 

12 ‘‘(2) DUTIES.—The advisory board established 

13 under subsection (a) shall— 

14 ‘‘(A) collect, consider, and disseminate 

15 feedback from participants and State offices de16 scribed in subsection (a)(4) on— 

17 ‘‘(i) the best practices for improving 

18 recruitment of eligible members of the 

19 Armed Forces in States, local educational 

20 agencies, and public charter schools under 

21 served by the Program; 

22 ‘‘(ii) ensuring that high-need local 

23 educational agencies and public charter 

24 schools are aware of the Program and how 

25 to participate in it; 


smartinez on DSKB9S0YB1PROD with BILLS
287 

HR 5136 PCS1S 

1 ‘‘(iii) coordinating the goals of the 

2 Program with other Federal, State, and 

3 local education needs and programs; and 

4 ‘‘(iv) other activities that the advisory 

5 board deems necessary; and 

6 ‘‘(B) not later than one year after the date 

7 of the enactment of section 1154 of this title, 

8 and annually thereafter, prepare and submit a 

9 report to the Committees on Health, Education, 

10 Labor, and Pensions and Armed Services of the 

11 Senate and the Committees on Education and 

12 Labor and Armed Services of the House of 

13 Representatives, which shall include— 

14 ‘‘(i) information with respect to the 

15 activities of the advisory board; 

16 ‘‘(ii) information with respect to the 

17 Program, including— 

18 ‘‘(I) the number of participants 

19 in the Program; 

20 ‘‘(II) the number of States par21 ticipating in the Program; 

22 ‘‘(III) local educational agencies 

23 and schools in where participants are 

24 employed; 


smartinez on DSKB9S0YB1PROD with BILLS
288 

HR 5136 PCS1S 

1 ‘‘(IV) the grade levels at which 

2 participants teach; 

3 ‘‘(V) the academic subjects 

4 taught by participants; 

5 ‘‘(VI) rates of retention of par6 ticipants by the local educational 

7 agencies and public charter schools 

8 employing participant; 

9 ‘‘(VII) other demographic infor10 mation as may be necessary to evalu11 ate the effectiveness of the program; 

12 and 

13 ‘‘(VIII) a review of the stipend 

14 and bonus available to participants 

15 under paragraphs (3) and (4)(A) of 

16 subsection (d); and 

17 ‘‘(iii) recommendations for— 

18 ‘‘(I) improvements to local, State, 

19 and Federal recruitment and retention 

20 efforts; 

21 ‘‘(II) legislative or executive pol22 icy changes to improve the Program, 

23 enhance participant experience, and 

24 increase participation in the program; 

25 and 


smartinez on DSKB9S0YB1PROD with BILLS
289 

HR 5136 PCS1S 

1 ‘‘(III) other changes necessary to 

2 ensure that the Program is meeting 

3 the purpose described in subsection 

4 (b).’’. 

5 SEC. 600C. SUPPORT FROM DEPARTMENT OF EDUCATION 

6 TO HELP COVER COSTS OF NEW STATE PRO7 GRAMS UNDER NATIONAL GUARD YOUTH 

8 CHALLENGE PROGRAM. 

9 Paragraph (2) of section 509(d) of title 32, United 

10 States Code, is amended to read as follows: 

11 ‘‘(2) The limitation in paragraph (1) may not be con12 strued as a limitation on the amount of assistance that 

13 may be provided to a State program of the Program for 

14 a fiscal year from sources other than the Department of 

15 Defense. Using funds available to the Department of Edu16 cation, the Secretary of Education may provide assistance 

17 to cover the difference between the amount provided by 

18 the Department of Defense and the total costs of oper19 ating a new State program of the Program during the first 

20 three full fiscal years in which the new State program is 

21 in operation.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
290 

HR 5136 PCS1S 

1 SEC. 600D. STUDY OF TREATMENT OF MEMBERS OF THE 

2 RESERVE COMPONENTS. 

3 (a) STUDY.—The Inspector General of the Depart4 ment of Defense shall conduct a study of the treatment 

5 of members of the reserve components. 

6 (b) MATTERS INCLUDED.—The study under sub7 section (a) shall include the following: 

8 (1) An analysis of the treatment of members of 

9 the reserve components— 

10 (A) at mobilization and demobilization 

11 sites of the Army, including warrior transition 

12 units and joint medical battalions; and 

13 (B) during predeployment and 

14 postdeployment medical examinations under 

15 section 1074(f) of title 10, United States Code. 

16 (2) An analysis of the quality of care, treat17 ment, and information that members of the reserve 

18 components receive before, during, and after deploy19 ment. 

20 (3) An analysis of patterns of treatment of 

21 members of the reserve components during the pe22 riod following a deployment, including during med23 ical examinations or other actions that could affect 

24 health care and disability benefits, as compared to 

25 the treatment of members of the regular components 

26 during such period. 


smartinez on DSKB9S0YB1PROD with BILLS
291 

HR 5136 PCS1S 

1 (4) Identification of any improvements needed 

2 so that members of the reserve components and 

3 members of the regular components are treated 

4 equally. 

5 (c) REPORT.—Not later than December 31, 2010, the 

6 Inspector General shall submit to the congressional de7 fense committees a report on the study under subsection 

8 (a). 

9 TITLE VI—COMPENSATION AND 

10 OTHER PERSONNEL BENEFITS 

11 Subtitle A—Pay and Allowances 

12 SEC. 601. FISCAL YEAR 2011 INCREASE IN MILITARY BASIC 

13 PAY. 

14 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

15 adjustment to become effective during fiscal year 2011 re16 quired by section 1009 of title 37, United States Code, 

17 in the rates of monthly basic pay authorized members of 

18 the uniformed services shall not be made. 

19 (b) INCREASE IN BASIC PAY.—Effective on January 

20 1, 2011, the rates of monthly basic pay for members of 

21 the uniformed services are increased by 1.9 percent. 


smartinez on DSKB9S0YB1PROD with BILLS
292 

HR 5136 PCS1S 

1 SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEM2 BER COUPLES WHEN ONE OR BOTH MEM3 BERS ARE ON SEA DUTY. 

4 (a) IN GENERAL.—Subparagraph (C) of section 

5 403(f)(2) of title 37, United States Code, is amended to 

6 read as follows: 

7 ‘‘(C) Notwithstanding section 421 of this title, a 

8 member of a uniformed service in a pay grade below pay 

9 grade E–6 who is assigned to sea duty and is married 

10 to another member of a uniformed service is entitled to 

11 a basic allowance for housing subject to the limitations 

12 of subsection (e).’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on January 1, 2011. 

15 SEC. 603. ALLOWANCES FOR PURCHASE OF REQUIRED UNI16 FORMS AND EQUIPMENT. 

17 (a) INITIAL ALLOWANCE FOR OFFICERS.—Section 

18 415 of title 37, United States Code, is amended— 

19 (1) in subsection (a)— 

20 (A) by redesignating paragraphs (1) 

21 through (4) as subparagraphs (A) through (D), 

22 respectively; 

23 (B) by inserting ‘‘ALLOWANCE FOR OFFI24 CERS IN THE ARMED FORCES.—(1)’’ after 

25 ‘‘(a)’’; 


smartinez on DSKB9S0YB1PROD with BILLS
293 

HR 5136 PCS1S 

1 (C) by striking ‘‘$400’’ and inserting 

2 ‘‘$500’’; and 

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

4 paragraph: 

5 ‘‘(2) The Secretary of a military department, with the 

6 approval of the Secretary of Defense, may increase the 

7 maximum amount of the allowance specified in paragraph 

8 (1) for officers of an armed force under the jurisdiction 

9 of the Secretary. The Secretary of Homeland Security, in 

10 the case of the Coast Guard when it is not operating as 

11 a service in the Navy, may increase the maximum amount 

12 of the allowance specified in paragraph (1) for officers of 

13 the Coast Guard.’’; 

14 (2) in subsection (b), by inserting ‘‘EXCEP15 TION.—’’ after ‘‘(b)’’; and 

16 (3) in subsection (c)— 

17 (A) by redesignating paragraphs (1) and 

18 (2) as subparagraphs (A) and (B), respectively; 

19 (B) by striking ‘‘An allowance of $250’’ 

20 and inserting ‘‘PUBLIC HEALTH SERVICE AL21 LOWANCE.—(1) An allowance of $300’’; and 

22 (C) by inserting ‘‘(2)’’ before ‘‘An officer’’. 

23 (b) ADDITIONAL ALLOWANCES.—Section 416 of such 

24 title is amended— 


smartinez on DSKB9S0YB1PROD with BILLS
294 

HR 5136 PCS1S 

1 (1) in subsection (a), by striking ‘‘$200’’ and 

2 inserting ‘‘$250’’; and 

3 (2) in subsection (b)(1), by striking ‘‘$400’’ 

4 and inserting ‘‘$500’’. 

5 SEC. 604. INCREASE IN AMOUNT OF FAMILY SEPARATION 

6 ALLOWANCE. 

7 (a) INCREASE.—Section 427(a)(1) of title 37, United 

8 States Code, is amended by striking ‘‘$250’’ and inserting 

9 ‘‘$285’’. 

10 (b) APPLICATION OF AMENDMENT.—The amendment 

11 made by subsection (a) shall take effect on October 1, 

12 2010, and apply with respect to months beginning on or 

13 after that date. 

14 SEC. 605. ONE-TIME SPECIAL COMPENSATION FOR TRANSI15 TION OF ASSISTANTS PROVIDING AID AND 

16 ATTENDANCE CARE TO MEMBERS OF THE 

17 UNIFORMED SERVICES WITH CATASTROPHIC 

18 INJURIES OR ILLNESSES. 

19 (a) TRANSITION COMPENSATION AUTHORIZED.— 

20 Section 439 of title 37, United States Code, is amended— 

21 (1) by redesignating subsections (e) through (h) 

22 as subsections (f) through (i), respectively; and 

23 (2) by inserting after subsection (d) the fol24 lowing new subsection (e): 


smartinez on DSKB9S0YB1PROD with BILLS
295 

HR 5136 PCS1S 

1 ‘‘(e) ONE-TIME TRANSITIONAL COMPENSATION AU2 THORIZED.—In addition to monthly special compensation 

3 payable under subsection (a), the Secretary concerned 

4 may pay to a member eligible for monthly special com5 pensation a one-time payment of not more than $3,500 

6 for the transition of assistants providing aid and attend7 ance care to the member as described in subsection 

8 (b)(2).’’. 

9 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

10 Such section is further amended— 

11 (1) in subsection (c), by inserting ‘‘OF MONTH12 LY COMPENSATION’’ after ‘‘AMOUNT’’; 

13 (2) in subsection (d), by inserting ‘‘OF MONTH14 LY COMPENSATION’’ after ‘‘DURATION’’; and 

15 (3) in subsection (f), as redesignated by sub16 section (a)(1), by striking ‘‘Monthly special com17 pensation payable to a member under this section’’ 

18 and inserting ‘‘Special compensation paid to a mem19 ber under subsection (a) or (e)’’. 

20 SEC. 606. EXPANSION OF DEFINITION OF SENIOR ENLISTED 

21 MEMBER TO INCLUDE SENIOR ENLISTED 

22 MEMBER SERVING WITHIN A COMBATANT 

23 COMMAND. 

24 (a) BASIC PAY.—On and after January 1, 2011, for 

25 purposes of establishing the rates of monthly basic pay 


smartinez on DSKB9S0YB1PROD with BILLS
296 

HR 5136 PCS1S 

1 for members of the uniformed services, the senior enlisted 

2 member of the Armed Forces serving within a combatant 

3 command (as defined in section 161(c) of title 10, United 

4 States Code) shall be treated in the same manner as the 

5 Sergeant Major of the Army, Master Chief Petty Officer 

6 of the Navy, Chief Master Sergeant of the Air Force, Ser7 geant Major of the Marine Corps, Master Chief Petty Offi8 cer of the Coast Guard, and Senior Enlisted Advisor to 

9 the Chairman of the Joint Chiefs of Staff. 

10 (b) RATE OF BASIC PAY USED TO DETERMINE RE11 TIRED PAY BASE.—Section 1406(i)(3)(B) of title 10, 

12 United States Code, is amended by adding at the end the 

13 following new clause: 

14 ‘‘(vii) Senior enlisted member serving 

15 within a combatant command (as defined 

16 in section 161(c) of this title).’’. 

17 (c) PAY DURING TERMINAL LEAVE AND WHILE

18 HOSPITALIZED.—Section 210(c) of title 37, United States 

19 Code, is amended by adding at the end the following new 

20 paragraph: 

21 ‘‘(7) The senior enlisted member serving within 

22 a combatant command (as defined in section 161(c) 

23 of title 10).’’. 


smartinez on DSKB9S0YB1PROD with BILLS
297 

HR 5136 PCS1S 

1 SEC. 607. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN 

2 EMPLOYEES FOR RESERVIST INCOME RE3 PLACEMENT PAYMENTS ON ACCOUNT OF 

4 AVAILABILITY OF COMPARABLE BENEFITS 

5 UNDER ANOTHER PROGRAM. 

6 (a) INELIGIBILITY FOR PAYMENTS.—Section 910(b) 

7 of title 37, United States Code, is amended by adding at 

8 the end the following new paragraph: 

9 ‘‘(3) A member of a reserve component who is other10 wise entitled to a payment under this section is not enti11 tled to the payment for any month during which the mem12 ber is also a civilian employee of the Federal Government 

13 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. 


smartinez on DSKB9S0YB1PROD with BILLS
298 

HR 5136 PCS1S 

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. 


smartinez on DSKB9S0YB1PROD with BILLS
299 

HR 5136 PCS1S 

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. 


smartinez on DSKB9S0YB1PROD with BILLS
300 

HR 5136 PCS1S 

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. 


smartinez on DSKB9S0YB1PROD with BILLS
301 

HR 5136 PCS1S 

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(i), relating to hazardous duty 

24 pay. 


smartinez on DSKB9S0YB1PROD with BILLS
302 

HR 5136 PCS1S 

1 (7) Section 352(g), relating to assignment pay 

2 or special duty pay. 

3 (8) Section 353(j), relating to skill incentive 

4 pay or proficiency bonus. 

5 (9) Section 355(i), 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 chapter 5 of title 37, United 

12 States Code, are amended by striking ‘‘December 31, 

13 2010’’ and 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. 


smartinez on DSKB9S0YB1PROD with BILLS
303 

HR 5136 PCS1S 

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 SEC. 617. TREATMENT OF OFFICERS TRANSFERRING BE18 TWEEN ARMED FORCES FOR RECEIPT OF 

19 AVIATION CAREER SPECIAL PAY. 

20 Section 301b of title 37, United States Code, is 

21 amended— 

22 (1) by redesignating subsections (h), (i), and (j) 

23 as subsections (i), (j), and (k), respectively; and 

24 (2) by inserting after subsection (g) the fol25 lowing new subsection (h): 


smartinez on DSKB9S0YB1PROD with BILLS
304 

HR 5136 PCS1S 

1 ‘‘(h) TREATMENT OF OFFICERS TRANSFERRING

2 FROM ONE ARMED FORCE TO ANOTHER.—(1) An officer 

3 who transfers from one armed force to another armed 

4 force shall receive the same compensation under this sec5 tion as other officers in that armed force with the same 

6 number of years of aviation service performing similar 

7 aviation duties in the same weapon system, notwith8 standing any additional active duty service obligation in9 curred as a result of the transfer. 

10 ‘‘(2) Until December 31, 2015, the Secretary con11 cerned shall continue, regardless of the number of years 

12 of aviation service of an officer, to pay compensation 

13 under this section to an officer who transferred or trans14 fers from one armed force to an armed force under the 

15 jurisdiction of the Secretary concerned until the officer re16 ceives the same number of years of benefits as officers 

17 in that armed force with the same number of years of avia18 tion service performing similar aviation duties in the same 

19 weapon system. In calculating the years of benefits re20 ceived, the Secretary concerned shall include any year dur21 ing which the officer received compensation under this sec22 tion before the transfer. 

23 ‘‘(3) An officer may not receive compensation under 

24 paragraph (2) for any period during which the officer is 

25 not qualified for compensation under subsection (b).’’. 


smartinez on DSKB9S0YB1PROD with BILLS
305 

HR 5136 PCS1S 

1 SEC. 618. INCREASE IN MAXIMUM AMOUNT OF SPECIAL PAY 

2 FOR DUTY SUBJECT TO HOSTILE FIRE OR IM3 MINENT DANGER OR FOR DUTY IN FOREIGN 

4 AREA DESIGNATED AS AN IMMINENT DAN5 GER AREA. 

6 (a) SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE

7 FIRE OR IMMINENT DANGER.—Section 310(b)(1) of title 

8 37, United States Code, is amended by striking ‘‘$225 a 

9 month’’ and inserting ‘‘$260 a month’’. 

10 (b) HAZARDOUS DUTY PAY.—Section 351(b)(3) of 

11 such title is amended by striking ‘‘$250 per month’’ and 

12 inserting ‘‘$260 per month’’. 

13 (c) APPLICATION OF AMENDMENTS.—The amend14 ments made by this section shall take effect on October 

15 1, 2010, and apply with respect to months beginning on 

16 or after that date. 

17 SEC. 619. SPECIAL PAYMENT TO MEMBERS OF THE ARMED 

18 FORCES AND CIVILIAN EMPLOYEES OF THE 

19 DEPARTMENT OF DEFENSE KILLED OR 

20 WOUNDED IN ATTACKS DIRECTED AT MEM21 BERS OR EMPLOYEES OUTSIDE OF COMBAT 

22 ZONE, INCLUDING THOSE KILLED OR 

23 WOUNDED IN CERTAIN 2009 ATTACKS. 

24 (a) TREATMENT OF MEMBERS AND CIVILIANS

25 KILLED OR WOUNDED IN CERTAIN 2009 ATTACKS.— 


smartinez on DSKB9S0YB1PROD with BILLS
306 

HR 5136 PCS1S 

1 (1) TREATMENT.—For purposes of all applica2 ble Federal laws, regulations, and policies, a member 

3 of the Armed Forces or civilian employee of the De4 partment of Defense who was killed or wounded in 

5 an attack described in paragraph (2) shall be 

6 deemed as follows: 

7 (A) In the case of a member, to have been 

8 killed or wounded in a combat zone as the re9 sult of an act of an enemy of the United States. 

10 (B) In the case of a civilian employee of 

11 the Department of Defense, to have been killed 

12 or wounded as the result of an act of an enemy 

13 of the United States while serving with the 

14 Armed Forces in a contingency operation. 

15 (2) ATTACKS DESCRIBED.—Paragraph (1) ap16 plies to— 

17 (A) the attack that occurred at Fort Hood, 

18 Texas, on November 5, 2009; and 

19 (B) the attack that occurred at a recruit20 ing station in Little Rock, Arkansas, on June 

21 1, 2009. 

22 (3) EXCEPTION.—Paragraph (1) shall not 

23 apply to a member of the Armed Forces or a civilian 

24 employee of the Department of Defense whose death 

25 or wound as described in paragraph (1) is the result 


smartinez on DSKB9S0YB1PROD with BILLS
307 

HR 5136 PCS1S 

1 of the misconduct of the member or employee, as de2 termined by the Secretary of Defense. 

3 (b) NEW SPECIAL PAYMENT.— 

4 (1) IN GENERAL.—Chapter 17 of title 37, 

5 United States Code, is amended by adding at the 

6 end the following new section: 

7 ‘‘§ 911. Special payment to members of the armed 

8 forces and civilian employees of the De9 partment of Defense killed or wounded in 

10 attacks directed at members or employ11 ees outside of combat zone 

12 ‘‘(a) SPECIAL PAYMENT REQUIRED.—The Secretary 

13 of Defense shall pay to a member of the armed forces or 

14 a civilian employee of the Department of Defense who is 

15 wounded in an attack under the circumstances described 

16 in subsection (b), or to an eligible survivor if the member 

17 or employee is killed in the attack or dies from wounds 

18 sustained in the attack, an amount of compensation equal 

19 to the amount determined in subsection (c) that would 

20 have accrued— 

21 ‘‘(1) in the case of a member, on behalf of a 

22 member killed or wounded in a combat zone; and 

23 ‘‘(2) in the case of an employee, on behalf of an 

24 employee killed or wounded while serving with the 

25 Armed Forces in a contingency operation. 


smartinez on DSKB9S0YB1PROD with BILLS
308 

HR 5136 PCS1S 

1 ‘‘(b) COVERED ATTACKS.— 

2 ‘‘(1) ATTACKS DESCRIBED.—Except as pro3 vided in paragraph (2), an attack covered by sub4 section (a) is any assault or battery resulting in bod5 ily injury or death committed by an individual who 

6 the Secretary of Defense determines knowingly tar7 geted— 

8 ‘‘(A) a member of the armed forces on ac9 count of the military service of the member or 

10 the status of member as a member of the 

11 Armed Forces; or 

12 ‘‘(B) a civilian employee of the Depart13 ment of Defense on account of the employee’s 

14 employment with the Department of Defense or 

15 affiliation with the Department of Defense. 

16 ‘‘(2) GEOGRAPHIC EXCLUSION.—Subsection (a) 

17 does not apply to any attack that— 

18 ‘‘(A) occurs in a combat zone; or 

19 ‘‘(B) in the case of a civilian employee of 

20 the Department, occurs while the employee is 

21 serving with the armed forces in a contingency 

22 operation. 

23 ‘‘(c) CALCULATION OF COMPENSATION AMOUNT.— 

24 The Secretary of Defense shall identify, in consultation 

25 with all relevant Federal agencies, including the DepartVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
309 

HR 5136 PCS1S 

1 ment of Veterans Affairs and the Internal Revenue Serv2 ice, all Federal benefits provided to members of the armed 

3 forces and civilian employees of the Department of De4 fense killed or wounded in a combat zone, including special 

5 pays and the value of Federal tax advantages accruing be6 cause certain benefits are not subject to Federal income 

7 tax. The Secretary shall exclude from the calculation any 

8 Federal benefits provided regardless of the geographic lo9 cation or circumstances of the death or injuries. 

10 ‘‘(d) EXCLUSION OF CERTAIN INDIVIDUALS.—Sub11 section (a) shall not apply to a member of the armed 

12 forces or civilian employee of the Department of Defense 

13 whose death or wound as described in subsection (b) is 

14 the result of the misconduct of the member or employee, 

15 as determined by the Secretary of Defense. 

16 ‘‘(e) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘armed forces’ means the Army, 

18 Navy, Air Force, and Marine Corps. 

19 ‘‘(2) The term ‘combat zone’ means a combat 

20 operation or combat zone designated by the Sec21 retary of Defense. 

22 ‘‘(3) The term ‘eligible survivor’ refers to the 

23 persons eligible to receive a death gratuity payment 

24 under section 1477 of title 10. In the case of a de25 ceased member or employee, the eligible survivor 


smartinez on DSKB9S0YB1PROD with BILLS
310 

HR 5136 PCS1S 

1 who will receive the payment under subsection (a) 

2 shall be determined as provided in such section.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended 

5 by adding at the end the following new item: 

‘‘911. Special payment to members of the armed forces and civilian employees 

of the Department of Defense killed or wounded in attacks directed at members or employees outside of combat zone.’’. 

6 (3) RETROACTIVE APPLICATION.—Section 911 

7 of title 37, United States Code, as added by para8 graph (1), shall apply to any attack described in 

9 subsection (b) of such section occurring on or after 

10 November 6, 2009. 

11 (c) PURPLE HEART.—This section and the amend12 ments made by this section shall not be construed to pro13 hibit, authorize, or require the award of the Purple Heart 

14 to any member of the Armed Forces. 

15 Subtitle C—Travel and 

16 Transportation Allowances 

17 SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL 

18 AND TRANSPORTATION ALLOWANCES FOR 

19 INACTIVE DUTY TRAINING OUTSIDE OF NOR20 MAL COMMUTING DISTANCES. 

21 Section 408a(e) of title 37, United States Code, is 

22 amended by striking ‘‘December 31, 2010’’ and inserting 

23 ‘‘December 31, 2011’’. 


smartinez on DSKB9S0YB1PROD with BILLS
311 

HR 5136 PCS1S 

1 SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES 

2 FOR ATTENDANCE OF DESIGNATED PERSONS 

3 AT YELLOW RIBBON REINTEGRATION 

4 EVENTS. 

5 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

6 (1) IN GENERAL.—Chapter 7 of title 37, United 

7 States Code, is amended by inserting after section 

8 411k the following new section: 

9 ‘‘§ 411l. Travel and transportation allowances: attend10 ance of designated persons at Yellow Rib11 bon Reintegration events 

12 ‘‘(a) ALLOWANCE TO FACILITATE ATTENDANCE.— 

13 Under uniform regulations prescribed by the Secretaries 

14 concerned, travel and transportation described in sub15 section (c) may be provided for a person designated pursu16 ant to subsection (b) to attend an event conducted under 

17 the Yellow Ribbon Reintegration Program established pur18 suant to section 582 of the National Defense Authoriza19 tion Act for Fiscal Year 2008 (Public Law 110–181; 10 

20 U.S.C. 10101 note) if the Secretary concerned determines 

21 that the presence of the person may contribute to the pur22 poses of the event. 

23 ‘‘(b) COVERED PERSONS.—A member of the uni24 formed services who is eligible to attend a Yellow Ribbon 

25 Reintegration Program event may designate one or more 

26 persons, including another member of the uniformed servVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
312 

HR 5136 PCS1S 

1 ices, for purposes of receiving travel and transportation 

2 described in subsection (c) to attend a Yellow Ribbon Re3 integration Program event. The designation of a person 

4 for purposes of this section may be changed at any time. 

5 ‘‘(c) AUTHORIZED TRAVEL AND TRANSPOR6 TATION.—(1) The transportation authorized by subsection 

7 (a) for a person designated under subsection (b) is round8 trip transportation between the home or place of business 

9 of the person and the location of the Yellow Ribbon Re10 integration Program event. 

11 ‘‘(2) In addition to the transportation authorized by 

12 subsection (a), the Secretary concerned may provide a per 

13 diem allowance or reimbursement for the actual and nec14 essary expenses of the travel, or a combination thereof, 

15 but not to exceed the rates established under section 

16 404(d) of this title. 

17 ‘‘(3) The transportation authorized by subsection (a) 

18 may be provided by any of the following means: 

19 ‘‘(A) Transportation in-kind. 

20 ‘‘(B) A monetary allowance in place of trans21 portation in-kind at a rate to be prescribed by the 

22 Secretaries concerned. 

23 ‘‘(C) Reimbursement for the commercial cost of 

24 transportation. 


smartinez on DSKB9S0YB1PROD with BILLS
313 

HR 5136 PCS1S 

1 ‘‘(4) An allowance payable under this subsection may 

2 be paid in advance. 

3 ‘‘(5) Reimbursement payable under this subsection 

4 may not exceed the cost of Government-procured commer5 cial round-trip air travel.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by inserting after the item related to section 411k 

9 the following new item: 

‘‘411l. Travel and transportation allowances: attendance of designated persons 

at Yellow Ribbon Reintegration events.’’. 

10 (b) APPLICABILITY.—No reimbursement may be pro11 vided under section 411l of title 37, United States Code, 

12 as added by subsection (a), for travel and transportation 

13 costs incurred before September 30, 2010. 

14 SEC. 633. MILEAGE REIMBURSEMENT FOR USE OF PRI15 VATELY OWNED VEHICLES. 

16 (a) USE OF SINGLE STANDARD MILEAGE RATE ES17 TABLISHED BY IRS.—Section 5704(a)(1) of title 5, 

18 United States Code, is amended by striking ‘‘shall not ex19 ceed’’ and inserting ‘‘shall be equal to’’. 

20 (b) PRESCRIPTION OF MILEAGE REIMBURSEMENT

21 RATES.—Section 5707(b) of such title is amended— 

22 (1) in paragraph (1), by striking subparagraph 

23 (A) and inserting the following new subparagraph: 


smartinez on DSKB9S0YB1PROD with BILLS
314 

HR 5136 PCS1S 

1 ‘‘(A) The Administrator of General Services 

2 shall conduct periodic investigations of the cost of 

3 travel and the operation of privately owned airplanes 

4 and privately owned motorcycles by employees while 

5 engaged on official business, and shall report the re6 sults of such investigations to Congress at least once 

7 a year.’’; and 

8 (2) in paragraph (2)(A), by striking clause (i) 

9 and inserting the following new clause: 

10 ‘‘(i) shall prescribe a mileage reimburse11 ment rate for privately owned automobiles 

12 which equals, as provided in section 5704(a)(1) 

13 of this title, the single standard mileage rate es14 tablished by the Internal Revenue Service, 

15 and’’. 

16 Subtitle D—Retired Pay and 

17 Survivor Benefits 

18 SEC. 641. ELIMINATION OF CAP ON RETIRED PAY MULTI19 PLIER FOR MEMBERS WITH GREATER THAN 

20 30 YEARS OF SERVICE WHO RETIRE FOR DIS21 ABILITY. 

22 (a) COMPUTATION OF RETIRED PAY.—The table in 

23 section 1401(a) of title 10, United States Code, is amend24 ed— 


smartinez on DSKB9S0YB1PROD with BILLS
315 

HR 5136 PCS1S 

1 (1) in the column designated ‘‘Column 2’’, by 

2 inserting ‘‘, not to exceed 75%,’’ after ‘‘percentage 

3 of disability’’ both places it appears; and 

4 (2) by striking column 4. 

5 (b) RECOMPUTATION OF RETIRED OR RETAINER PAY

6 TO REFLECT LATER ACTIVE DUTY OF MEMBERS WHO

7 FIRST BECAME MEMBERS BEFORE SEPTEMBER 8, 

8 1980.—The table in section 1402(d) of such title is 

9 amended— 

10 (1) in the column designated ‘‘Column 2’’, by 

11 inserting ‘‘, not to exceed 75%,’’ after ‘‘percentage 

12 of disability’’; and 

13 (2) by striking column 4. 

14 (c) RECOMPUTATION OF RETIRED OR RETAINER PAY

15 TO REFLECT LATER ACTIVE DUTY OF MEMBERS WHO

16 FIRST BECAME MEMBERS AFTER SEPTEMBER 7, 1980.— 

17 The table in section 1402a(d) of such title is amended— 

18 (1) in the column designated ‘‘Column 2’’, by 

19 inserting ‘‘, not to exceed 75 percent,’’ after ‘‘per20 centage of disability’’; and 

21 (2) by striking column 4. 

22 (d) APPLICATION OF AMENDMENTS.—The tables in 

23 sections 1401(a), 1402(d), and 1402a(d) of title 10, 

24 United States Code, as in effect on the day before the date 

25 of the enactment of this Act, shall continue to apply to 


smartinez on DSKB9S0YB1PROD with BILLS
316 

HR 5136 PCS1S 

1 the computation or recomputation of retired or retainer 

2 pay for persons who first became entitled to retired or re3 tainer pay under subtitle A of such title on or before the 

4 date of the enactment of this Act. The amendments made 

5 by this section shall apply only with respect to persons 

6 who first become entitled to retired or retainer pay under 

7 such subtitle after that date. 

8 SEC. 642. EQUITY IN COMPUTATION OF DISABILITY RE9 TIRED PAY FOR RESERVE COMPONENT MEM10 BERS WOUNDED IN ACTION. 

11 Section 1208(b) of title 10, United States Code, is 

12 amended by adding at the end the following new sentence: 

13 ‘‘However, in the case of such a member who is retired 

14 under this chapter, or whose name is placed on the tem15 porary disability retired list under this chapter, because 

16 of a disability incurred after the date of the enactment 

17 of the National Defense Authorization Act for Fiscal Year 

18 2011, for which the member is awarded the Purple Heart, 

19 the member shall be credited, for the purposes of this 

20 chapter, with the number of years of service that would 

21 be counted if computing the member’s years of service 

22 under section 12732 of this title.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
317 

HR 5136 PCS1S 

1 SEC. 643. ELIMINATION OF THE AGE REQUIREMENT FOR 

2 HEALTH CARE BENEFITS FOR NON-REGULAR 

3 SERVICE RETIREES. 

4 Section 1074(b) of title 10, United States Code, is 

5 amended— 

6 (1) by striking ‘‘(1)’’; and 

7 (2) by striking paragraph (2). 

8 SEC. 644. CLARIFICATION OF EFFECT OF ORDERING RE9 SERVE COMPONENT MEMBER TO ACTIVE 

10 DUTY TO RECEIVE AUTHORIZED MEDICAL 

11 CARE ON REDUCING ELIGIBILITY AGE FOR 

12 RECEIPT OF NON-REGULAR SERVICE RE13 TIRED PAY. 

14 Section 12731(f)(2)(B) of title 10, United States 

15 Code, is amended by adding at the end the following new 

16 clause: 

17 ‘‘(iii) If a member described in subparagraph (A) is 

18 wounded or otherwise injured or becomes ill while serving 

19 on active duty pursuant to a call or order to active duty 

20 under a provision of law referred to in the first sentence 

21 of clause (i) or in clause (ii), and the member is then or22 dered to active duty under section 12301(h)(1) of this title 

23 to receive medical care for the wound injury, or illness, 

24 each day of active duty under that order for medical care 

25 shall be treated as a continuation of the original call or 


smartinez on DSKB9S0YB1PROD with BILLS
318 

HR 5136 PCS1S 

1 order to active duty for purposes of reducing the eligibility 

2 age of the member under this paragraph.’’. 

3 SEC. 645. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR 

4 RECIPIENTS OF PRE-SURVIVOR BENEFIT 

5 PLAN ANNUITY AFFECTED BY REQUIRED 

6 OFFSET FOR DEPENDENCY AND INDEMNITY 

7 COMPENSATION. 

8 Section 644 of the National Defense Authorization 

9 Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 

10 1448 note) is amended— 

11 (1) by redesignating subsections (c), (d), and 

12 (e) as subsections (d), (e), and (f), respectively; and 

13 (2) by inserting after subsection (b) the fol14 lowing new subsection: 

15 ‘‘(c) SPECIAL SURVIVOR INDEMNITY ALLOWANCE.— 

16 (1) The Secretary concerned shall pay a monthly special 

17 survivor indemnity allowance under this subsection to a 

18 qualified surviving spouse described in subsection (a) if— 

19 ‘‘(A) the surviving spouse is entitled to depend20 ency and indemnity compensation under section 

21 1311(a) of title 38, United States Code; and 

22 ‘‘(B) the amount of the annuity to which the 

23 surviving spouse is entitled under subsection (b) is 

24 affected by paragraph (2)(A) of such subsection. 


smartinez on DSKB9S0YB1PROD with BILLS
319 

HR 5136 PCS1S 

1 ‘‘(2) Subject to paragraph (3), the amount of the spe2 cial survivor indemnity allowance paid to surviving spouse 

3 under paragraph (1) for a month shall be equal to— 

4 ‘‘(A) for months during fiscal year 2009, $50; 

5 ‘‘(B) for months during fiscal year 2010, $60; 

6 ‘‘(C) for months during fiscal year 2011, $70; 

7 ‘‘(D) for months during fiscal year 2012, $80; 

8 ‘‘(E) for months during fiscal year 2013, $90; 

9 ‘‘(F) for months during fiscal year 2014, $150; 

10 ‘‘(G) for months during fiscal year 2015, $200; 

11 ‘‘(H) for months during fiscal year 2016, $275; 

12 and 

13 ‘‘(I) for months during fiscal year 2017, $310. 

14 ‘‘(3) The amount of the special survivor indemnity 

15 allowance paid to an eligible survivor under paragraph (1) 

16 for any month may not exceed the amount of the annuity 

17 for that month that is subject to offset under subsection 

18 (b)(2)(A). 

19 ‘‘(4) A special survivor indemnity allowance paid 

20 under paragraph (1) does not constitute an annuity, and 

21 amounts so paid are not subject to adjustment under any 

22 other provision of law. 

23 ‘‘(5) The special survivor indemnity allowance shall 

24 be paid under paragraph (1) from amounts in the DepartVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
320 

HR 5136 PCS1S 

1 ment of Defense Military Retirement Fund established 

2 under section 1461 of title 10, United States Code. 

3 ‘‘(6) Subject to paragraph (7), this subsection shall 

4 only apply with respect to the month that began on Octo5 ber 1, 2008, and subsequent months through the month 

6 ending on September 30, 2017. As soon as practicable 

7 after the date of the enactment of the National Defense 

8 Authorization Act for Fiscal Year 2011, the Secretary 

9 concerned shall pay, in a lump sum, the total amount of 

10 the special survivor indemnity allowances due under para11 graph (1) to a qualified surviving spouse for months since 

12 October 1, 2008, through the month in which the first 

13 allowance is paid under paragraph (1) to the qualified sur14 viving spouse. 

15 ‘‘(7) Effective on October 1, 2017, the authority pro16 vided by this subsection shall terminate. No special sur17 vivor indemnity allowance may be paid to any person by 

18 reason of this subsection for any period before October 

19 1, 2008, or beginning on or after October 1, 2017.’’. 

20 SEC. 646. PAYMENT DATE FOR RETIRED AND RETAINER 

21 PAY. 

22 (a) SETTING PAYMENT DATE.—Section 1412 of title 

23 10, United States Code, is amended— 

24 (1) by striking ‘‘Amounts’’ and inserting ‘‘(a) 

25 ROUNDING.—Amounts’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
321 

HR 5136 PCS1S 

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) PAYMENT DATE.—Amounts of retired pay and 

4 retainer pay due a retired member of the uniformed serv5 ices shall be paid on the first day of each month beginning 

6 after the month in which the right to such pay accrues.’’. 

7 (b) CLERICAL AMENDMENTS.— 

8 (1) SECTION HEADING.—The heading of such 

9 section is amended to read as follows: 

10 ‘‘§ 1412. Administrative provisions’’. 

11 (2) TABLE OF SECTIONS.—The table of sections 

12 at the beginning of chapter 71 of such title is 

13 amended by striking the item relating to section 

14 1412 and inserting the following new item: 

‘‘1412. Administrative provisions.’’. 

15 (c) EFFECTIVE DATE.—Subsection (b) of section 

16 1412 of title 10, United States Code, as added by sub17 section (a), shall apply beginning with the first month that 

18 begins more than 30 days after the date of the enactment 

19 of this Act. 

20 SEC. 647. SENSE OF CONGRESS CONCERNING AGE AND 

21 SERVICE REQUIREMENTS FOR RETIRED PAY 

22 FOR NON-REGULAR SERVICE. 

23 It is the sense of Congress that— 

24 (1) the amendments made to section 12731 of 

25 title 10, United States Code, by section 647 of the 


smartinez on DSKB9S0YB1PROD with BILLS
322 

HR 5136 PCS1S 

1 National Defense Authorization Act for Fiscal Year 

2 2008 (Public Law 110–181; 122 Stat. 160) were in3 tended to reduce the minimum age at which mem4 bers of a reserve component of the Armed Forces 

5 would begin receiving retired pay according to time 

6 spent deployed, by three months for every 90-day pe7 riod spent on active duty over the course of a career, 

8 rather than limiting qualifying time to such periods 

9 wholly served within the same fiscal year, as inter10 preted by the Department of Defense; and 

11 (2) steps should be taken to correct this erro12 neous interpretation by the Department of Defense 

13 in order to ensure reserve component members re14 ceive the full retirement benefits intended to be pro15 vided by such section 12731. 

16 Subtitle E—Commissary and Non17 appropriated Fund Instrumen18 tality Benefits and Operations 

19 SEC. 651. SHARED CONSTRUCTION COSTS FOR SHOPPING 

20 MALLS OR SIMILAR FACILITIES CONTAINING 

21 A COMMISSARY STORE AND ONE OR MORE 

22 NONAPPROPRIATED FUND INSTRUMEN23 TALITY ACTIVITIES. 

24 Section 2484(h)(2) of title 10, United States Code, 

25 is amended— 


smartinez on DSKB9S0YB1PROD with BILLS
323 

HR 5136 PCS1S 

1 (1) by redesignating subparagraph (B) as sub2 paragraph (C) and, in such subparagraph, by strik3 ing ‘‘subparagraph (A)’’ and inserting ‘‘this para4 graph’’; 

5 (2) in the first sentence of subparagraph (A), 

6 by inserting ‘‘the Defense Commissary Agency or’’ 

7 after ‘‘may authorize’’; 

8 (3) by designating the second sentence of sub9 paragraph (A) as subparagraph (B) and, in such 

10 subparagraph, by striking ‘‘The Secretary may’’ and 

11 inserting the following: ‘‘If the construction contract 

12 is entered into by a nonappropriated fund instru13 mentality, the Secretary of Defense may’’; and 

14 (4) by adding at the end of subparagraph (B), 

15 as designated by paragraph (3), the following new 

16 sentence: ‘‘If the construction contract is entered 

17 into by the Defense Commissary Agency, the Sec18 retary may authorize the Defense Commissary Agen19 cy accept reimbursement from a nonappropriated 

20 fund instrumentality for the portion of the cost of 

21 the contract that is attributable to construction for 

22 nonappropriated fund instrumentality activities.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
324 

HR 5136 PCS1S 

1 SEC. 652. ADDITION OF DEFINITION OF MORALE, WELFARE, 

2 AND RECREATION TELEPHONE SERVICES 

3 FOR USE IN CONTRACTS TO PROVIDE SUCH 

4 SERVICES FOR MILITARY PERSONNEL SERV5 ING IN COMBAT ZONES. 

6 Section 885 of the National Defense Authorization 

7 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

8 265; 10 U.S.C. 2304 note) is amended by adding at the 

9 end the following new subsection: 

10 ‘‘(c) MORALE, WELFARE, AND RECREATION TELE11 PHONE SERVICES DEFINED.—In this section, the term 

12 ‘morale, welfare, and recreation telephone services’ means 

13 unofficial telephone calling center services supporting call14 ing centers provided by the Army and Air Force Exchange 

15 Service, Navy Exchange Service Command, Marine Corps 

16 exchanges, or any other nonappropriated fund instrumen17 tality of the United States under the jurisdiction of the 

18 Armed Forces which is conducted for the comfort, pleas19 ure, contentment, or physical or mental improvement of 

20 members of the Armed Forces.’’. 

21 SEC. 653. FEASIBILITY STUDY ON ESTABLISHMENT OF 

22 FULL EXCHANGE STORE IN THE NORTHERN 

23 MARIANA ISLANDS. 

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

25 shall conduct a study to determine the feasibility of replac26 ing the ‘‘Shoppette’’ of the Army and Air Force Exchange 


smartinez on DSKB9S0YB1PROD with BILLS
325 

HR 5136 PCS1S 

1 Service in the Northern Mariana Islands with a full-serv2 ice exchange store. In conducting the study, the Secretary 

3 shall consider the welfare of members of the Armed Forces 

4 serving in the Northern Mariana Islands and dependents 

5 of members residing in the Northern Mariana Islands. 

6 (b) SUBMISSION OF RESULTS.—Not later than 180 

7 days after the date of the enactment of this Act, the Sec8 retary of Defense shall submit to Congress a report con9 taining the results of the study conducted under sub10 section (a). 

11 SEC. 654. CONTINUED OPERATION OF COMMISSARY AND 

12 EXCHANGE STORES SERVING BRUNSWICK 

13 NAVAL AIR STATION, MAINE. 

14 The Secretary of Defense shall provide for the contin15 ued operation of each commissary or exchange store serv16 ing Brunswick Naval Air Station, Maine, through Sep17 tember 30, 2011, and may not take any action to reduce 

18 or to terminate the sale of goods at such stores during 

19 fiscal year 2011. 


smartinez on DSKB9S0YB1PROD with BILLS
326 

HR 5136 PCS1S 

1 Subtitle F—Alternative Career 

2 Track Pilot Program 

3 SEC. 661. PILOT PROGRAM TO EVALUATE ALTERNATIVE 

4 CAREER TRACK FOR COMMISSIONED OFFI5 CERS TO FACILITATE AN INCREASED COM6 MITMENT TO ACADEMIC AND PROFESSIONAL 

7 EDUCATION AND CAREER-BROADENING AS8 SIGNMENTS. 

9 (a) PROGRAM AUTHORIZED.—Chapter 39 of title 10, 

10 United States Code, is amended by inserting after section 

11 672 the following new section: 

12 ‘‘§ 673. Alternative career track for commissioned of13 ficers pilot program 

14 ‘‘(a) PROGRAM AUTHORIZED.—(1) Under regulations 

15 prescribed pursuant to subsection (g) and approved by the 

16 Secretary of Defense, the Secretary of a military depart17 ment may establish a pilot program for an armed force 

18 under the jurisdiction of the Secretary under which an eli19 gible commissioned officer, while on active duty— 

20 ‘‘(A) participates in a separate career track 

21 characterized by expanded career opportunities ex22 tending over a longer career; 

23 ‘‘(B) agrees to an additional active duty service 

24 obligation of at least five years to be served concur25 rently with other active duty service obligations; and 


smartinez on DSKB9S0YB1PROD with BILLS
327 

HR 5136 PCS1S 

1 ‘‘(C) would be required to accept further active 

2 duty service obligations, as determined by the Sec3 retary, to be served concurrently with other active 

4 duty service obligations, including the active duty 

5 service obligation accepted under subparagraph (B), 

6 in connection with the officer’s entry into education 

7 programs, selection for career broadening assign8 ments, acceptance of additional special and incentive 

9 pays, or selection for promotion. 

10 ‘‘(2) The Secretary of the military department con11 cerned may waive an active duty service obligation accept12 ed under subparagraph (B) or (C) of paragraph (1) to 

13 facilitate the separation or retirement of a participant in 

14 the program. 

15 ‘‘(3) The program shall be known as the ‘Alternative 

16 Career Track Pilot Program’ (in this section referred to 

17 as the ‘program’). 

18 ‘‘(b) ELIGIBLE OFFICERS.—Commissioned officers 

19 with between 13 and 18 years of service are eligible to 

20 volunteer to participate in the program. 

21 ‘‘(c) NUMBER OF PARTICIPANTS.—No more than 50 

22 officers of each armed force may be selected per year to 

23 participate in the program. 

24 ‘‘(d) ALTERNATIVE CAREER ELEMENTS OF PRO25 GRAM.—(1) The Secretaries of the military departments 


smartinez on DSKB9S0YB1PROD with BILLS
328 

HR 5136 PCS1S 

1 may establish separate basic pay and special and incentive 

2 pay and promotion systems unique to the officers partici3 pating in the program, without regard to the requirements 

4 of this title, title 37, or administrative year group cohort 

5 designation. 

6 ‘‘(2) The Secretaries of the military departments may 

7 establish separation and retirement policies for officers 

8 participating in the program without regard to grade and 

9 years of service requirements established under this title. 

10 ‘‘(3) Participants serving in a grade below brigadier 

11 general or rear admiral (lower half) may serve in the grade 

12 without regard to the limits on the number of officers in 

13 the grade established under this title. 

14 ‘‘(e) TREATMENT OF GENERAL AND FLAG OFFICER

15 PARTICIPANTS.—(1) A participant serving in a grade 

16 above colonel, or captain in the Navy, but below lieutenant 

17 general or vice admiral, shall be— 

18 ‘‘(A) counted for purposes of general officer 

19 and flag officer limits on grade and the total number 

20 serving as general officers and flag officers, if the 

21 participant is serving in a position requiring the as22 signment of a military officer; but 

23 ‘‘(B) excluded from limits on grade and the 

24 total number serving as general officers and flag ofVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
329 

HR 5136 PCS1S 

1 ficers, if the participant is serving in a position not 

2 typically occupied by a military officer. 

3 ‘‘(2) A participant serving in the grade of lieutenant 

4 general, vice admiral, general, or admiral shall be counted 

5 for purposes of general officer and flag officer limits on 

6 grade and the total number serving as general officers and 

7 flag officers. 

8 ‘‘(f) RETURN TO STANDARD CAREER PATH; EF9 FECT.—(1) The Secretaries of the military departments 

10 retain the authority to involuntarily return an officer to 

11 the standard career path. 

12 ‘‘(2) The Secretary of the military department con13 cerned may return an officer to the standard career path 

14 at the request of the officer. 

15 ‘‘(3) If the program is terminated pursuant to para16 graph (4) or (5) of subsection (i), officers participating 

17 in the program at the time of the termination shall be 

18 returned to the standard career path with appropriate ad19 justments to their administrative record to ensure they are 

20 not penalized for participating in the pilot program. 

21 ‘‘(4) An officer returned to the standard career path 

22 under paragraph (1), (2), or (3) shall retain the grade, 

23 date-of-rank, and basic pay level earned while a partici24 pant in the program but shall revert to the special and 

25 incentive pay authorities established in title 37 upon the 


smartinez on DSKB9S0YB1PROD with BILLS
330 

HR 5136 PCS1S 

1 expiration of the agreement between the Secretary and the 

2 officer providing any special and incentive pays under the 

3 program. Subsequent increases in the officer’s rate of 

4 monthly basic pay shall conform to the annual percentage 

5 increases in basic pay rates provided in the basic pay 

6 table. 

7 ‘‘(5) Services will adjust the participating officer’s co8 hort year group to the appropriate year to ensure the offi9 cer remains competitive for all promotions and command 

10 opportunities in their standard career path. 

11 ‘‘(g) ANNUAL REPORT.—(1) The Secretaries of the 

12 military departments, in cooperation with the Secretary of 

13 Defense, shall submit to the Committees on Armed Serv14 ices of the Senate and House of Representatives an annual 

15 report containing the findings and recommendations of the 

16 Secretary of Defense and the Secretaries of the military 

17 departments concerning the progress of the program for 

18 each armed force. 

19 ‘‘(2) The Secretary of a military department, with the 

20 consent of the Secretary of Defense, may include in the 

21 report for a year a recommendation that the program be 

22 made permanent for an armed force under the jurisdiction 

23 of that Secretary. 

24 ‘‘(h) REGULATIONS.—The Secretary of each military 

25 department shall prescribe regulations to carry out the 


smartinez on DSKB9S0YB1PROD with BILLS
331 

HR 5136 PCS1S 

1 program. The regulations shall be subject to the approval 

2 of the Secretary of Defense. 

3 ‘‘(i) COMMENCEMENT; DURATION.—(1) Before au4 thorizing the commencement of the program for an armed 

5 force, the Secretary of the military department concerned, 

6 with the consent of the Secretary of Defense, shall submit 

7 to the Committees on Armed Services of the Senate and 

8 House of Representatives a report containing the detailed 

9 program structure of the alternative career track, associ10 ated personnel and compensation policies, implementing 

11 instructions and regulations, and a summary of the spe12 cific provisions of this title and title 37 to be waived under 

13 the program. The authority to conduct the program for 

14 that armed force commences 120 days after the date of 

15 the submission of the report. 

16 ‘‘(2) The Secretary of the military department con17 cerned, with the consent of the Secretary of Defense, may 

18 authorize revision of the program structure, associated 

19 personnel and compensation policies, implementing in20 structions and regulations, or laws waived, as submitted 

21 by the Secretary under paragraph (1). The Secretary of 

22 the military department concerned, with the consent of the 

23 Secretary of Defense, shall submit the proposed revisions 

24 to the Committees on Armed Services of the Senate and 


smartinez on DSKB9S0YB1PROD with BILLS
332 

HR 5136 PCS1S 

1 House of Representatives. The revisions shall take effect 

2 120 days after the date of their submission. 

3 ‘‘(3) If the program for an armed force has not com4 menced before December 31, 2015, as provided in para5 graph (1), the authority to commence the program for 

6 that armed force terminates. 

7 ‘‘(4) No officer may be accepted to participate in the 

8 program after December 31, 2026. 

9 ‘‘(5) The Secretary of the military department con10 cerned, with the consent of the Secretary of Defense, may 

11 terminate the pilot program for an armed force before the 

12 date specified in paragraph (4). Not later than 90 days 

13 after terminating the pilot program, the Secretary of the 

14 military department concerned, in cooperation with the 

15 Secretary of Defense, shall submit to the Committees on 

16 Armed Services of the Senate and House of Representa17 tives a report containing the reasons for the termination.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by inserting 

20 after the item relating to section 672 the following new 

21 item: 

‘‘673. Alternative career track for commissioned officers pilot program.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
333 

HR 5136 PCS1S 

1 Subtitle G—Other Matters 

2 SEC. 671. PARTICIPATION OF MEMBERS OF THE ARMED 

3 FORCES HEALTH PROFESSIONS SCHOLAR4 SHIP AND FINANCIAL ASSISTANCE PROGRAM 

5 IN ACTIVE DUTY HEALTH PROFESSION LOAN 

6 REPAYMENT PROGRAM. 

7 Section 2173(c) of title 10, United States Code, is 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(4) The person is enrolled in the Armed 

11 Forces Health Professions Scholarship and Finan12 cial Assistance program under subchapter I of chap13 ter 105 of this title for a number of years less than 

14 the number of years required to complete the normal 

15 length of the course of study required for the spe16 cific health profession.’’. 

17 SEC. 672. RETENTION OF ENLISTMENT, REENLISTMENT, 

18 AND STUDENT LOAN BENEFITS RECEIVED BY 

19 MILITARY TECHNICIANS (DUAL STATUS). 

20 (a) TREATMENT OF ENLISTMENT, REENLISTMENT, 

21 AND STUDENT LOAN BENEFITS.—Section 10216 of title 

22 10, United States Code, is amended by adding at the end 

23 the following new subsection: 

24 ‘‘(h) RETENTION OF BONUSES AND OTHER BENE25 FITS.—If an individual is first employed as a military 


smartinez on DSKB9S0YB1PROD with BILLS
334 

HR 5136 PCS1S 

1 technician (dual status) while the individual is already a 

2 member of a reserve component, the Secretary concerned 

3 may not— 

4 ‘‘(1) require the individual to repay any enlist5 ment, reenlistment, or affiliation bonus provided to 

6 the individual in connection with the individual’s en7 listment or reenlistment before such employment; or 

8 ‘‘(2) terminate the individual’s participation in 

9 an educational loan repayment program under chap10 ter 1609 of this title if the individual began such 

11 participation before such employment.’’. 

12 (b) EFFECTIVE DATE.—Subsection (h) of section 

13 10216 of title 10, United States Code, as added by sub14 section (a), shall apply only with respect to individuals who 

15 are first employed as a military technician (dual status), 

16 as described in subsection (a)(1) of such section 10216, 

17 more than 180 days after the date of the enactment of 

18 this Act. 

19 SEC. 673. CANCELLATION OF LOANS OF MEMBERS OF THE 

20 ARMED FORCES MADE FROM STUDENT LOAN 

21 FUNDS. 

22 Section 465(a) of the Higher Education Act of 1965 

23 (20 U.S.C. 1087ee(a)) is amended by adding at the end 

24 the following new paragraph: 


smartinez on DSKB9S0YB1PROD with BILLS
335 

HR 5136 PCS1S 

1 ‘‘(8) For the purpose of this subsection, the 

2 term ‘year of service’ where applied to service by a 

3 member of the Armed Forces described in paragraph 

4 (2)(D) means a qualified tour of duty that— 

5 ‘‘(A) is for 6 months or longer; or 

6 ‘‘(B) was less than 6 months because the 

7 member was discharged or released from active 

8 duty in the Armed Forces for an injury or dis9 ability incurred in or aggravated by service in 

10 the Armed Forces.’’. 

11 SEC. 674. REPORT ON PROVISION OF ADDITIONAL INCEN12 TIVES FOR RECRUITMENT AND RETENTION 

13 OF HEALTH CARE PROFESSIONALS FOR RE14 SERVE COMPONENTS. 

15 Not later than 90 days after the date of the enact16 ment of this Act, the Surgeons General of the Army, Navy, 

17 and Air Force shall submit to Congress a report on their 

18 staffing needs for health care professionals in the active 

19 and reserve components of the Armed Forces. The report 

20 shall specifically identify the positions in most critical need 

21 for additional health care professionals, including the 

22 number of physicians needed and whether additional be23 havioral health professionals, such as psychologists and 

24 psychiatrists, are needed to treat members of the Armed 

25 Forces for the growing concerns of post traumatic stress 


smartinez on DSKB9S0YB1PROD with BILLS
336 

HR 5136 PCS1S 

1 disorder and traumatic brain injury. The report shall in2 clude recommendations for providing incentives for health 

3 care professionals with more than 20 years of clinical ex4 perience to join the active or reserve components, includ5 ing whether changes in age or length of service require6 ments to qualify for partial retired pay for non-regular 

7 service could be used as a recruitment or retention incen8 tives. 

9 SEC. 675. FLEXIBLE COMMENCEMENT DATES FOR AVAIL10 ABILITY OF HOMEOWNER ASSISTANCE FOR 

11 MEMBERS OF THE ARMED FORCES PERMA12 NENTLY REASSIGNED DURING MORTGAGE 

13 CRISIS. 

14 (a) MODIFICATION OF REASSIGNMENT, PURCHASE, 

15 AND SALE DATES.—Subsection (a)(3) of section 1013 of 

16 the Demonstration Cities and Metropolitan Development 

17 Act of 1966 (42 U.S.C. 3374) is amended— 

18 (1) in subparagraph (C), by striking ‘‘or an 

19 earlier end date designated by the Secretary’’ and by 

20 inserting ‘‘or an earlier start or end date designated 

21 by the Secretary under subsection (c)(3)(C) for a 

22 specific military base or installation’’; 

23 (2) in subparagraph (D), by inserting ‘‘, or a 

24 later purchase date designated by the Secretary 


smartinez on DSKB9S0YB1PROD with BILLS
337 

HR 5136 PCS1S 

1 under subsection (c)(3)(C) for a specific military 

2 base or installation’’ after ‘‘July 1, 2006’’; and 

3 (3) in subparagraph (E), by striking ‘‘between 

4 July 1, 2006, and September 30, 2012, or an earlier 

5 end date designated by the Secretary’’ and inserting 

6 ‘‘between the purchase date in effect for the military 

7 base or installation under subparagraph (D) and the 

8 end date in effect for the military base or installa9 tion under subparagraph (D)’’. 

10 (b) MODIFICATION PROCESS.—Subsection (c)(3) of 

11 such section is amended by adding at the end the following 

12 new subparagraph: 

13 ‘‘(C) MODIFICATION OF REASSIGNMENT, 

14 PURCHASE, AND SALE DATES.—In exercising 

15 the authority under subsection (a)(3) to des16 ignate different reassignment, purchase, and 

17 sale dates for a specific military base or instal18 lation, the Secretary of Defense shall consult 

19 with the Secretary of Housing and Urban De20 velopment and the Secretary of the Treasury 

21 regarding the condition of housing markets in 

22 the area of the base or installation so that the 

23 Secretary of Defense has the information need24 ed to effectively assist members of the Armed 

25 Forces and their families.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
338 

HR 5136 PCS1S 

1 SEC. 676. EXCLUSION OF PERSONS CONVICTED OF COM2 MITTING CERTAIN SEX OFFENSES FROM RE3 CEIVING CERTAIN BURIAL-RELATED BENE4 FITS AND FUNERAL HONORS. 

5 (a) PROHIBITION AGAINST INTERMENT OR MEMORI6 ALIZATION IN NATIONAL CEMETERY ADMINISTRATION, 

7 ARLINGTON NATIONAL CEMETERY, AND CERTAIN STATE

8 VETERANS’ CEMETERIES; PROHIBITION AGAINST PROVI9 SION OF PRESIDENTIAL MEMORIAL CERTIFICATE, FLAG, 

10 AND HEADSTONE OR MARKER.—Section 2411(b) of title 

11 38, United States Code, is amended by adding at the end 

12 the following new paragraph: 

13 ‘‘(4) A person who is classified as a tier III sex 

14 offender under the Sex Offender Registration and 

15 Notification Act.’’. 

16 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

17 shall be construed to terminate any benefit available to 

18 any person except those benefits specifically terminated by 

19 the amendment made by subsection (a). 

20 (c) EFFECTIVE DATE.—The amendment made by 

21 subsection (a) shall apply with respect to interments and 

22 memorializations that occur on or after the date of the 

23 enactment of this Act. 

24 (d) CONSTITUTIONAL AUTHORITY.—The constitu25 tional authority on which this section rests is the power 

26 of Congress to make rules for the government and regulaVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
339 

HR 5136 PCS1S 

1 tion of the land and naval forces, as enumerated in article 

2 I, section 8, clause 14 of the United States Constitution. 

3 SEC. 677. SCHOLARSHIP PROGRAM FOR VETERANS FOR 

4 PURSUIT OF GRADUATE AND POST-GRAD5 UATE DEGREES IN BEHAVIORAL HEALTH 

6 SCIENCES. 

7 (a) SCHOLARSHIP PROGRAM.— 

8 (1) PROGRAM.—The Secretary of Veterans Af9 fairs shall carry out a program to provide scholar10 ships to qualifying veterans for pursuit of a grad11 uate or post-graduate degree in behavioral health 

12 sciences. 

13 (2) DESIGNATION.—The program carried out 

14 under this section shall be known as the ‘‘Depart15 ment of Veterans Affairs HONOR Scholarship Pro16 gram’’ (in this section referred to as the ‘‘scholar17 ship program’’). 

18 (b) QUALIFYING VETERANS.—For purposes of this 

19 section, a qualifying veteran is any veteran who— 

20 (1) during service on active duty in the Armed 

21 Forces, participated for such period as the Secretary 

22 of Veterans Affairs, in consultation with the Sec23 retary of Defense, shall specify for purposes of the 

24 scholarship program in a theater of combat or dur25 ing a contingency operation overseas; 


smartinez on DSKB9S0YB1PROD with BILLS
340 

HR 5136 PCS1S 

1 (2) was retired, discharged, separated, or re2 leased from service in the Armed Forces on or after 

3 a date (not earlier than August 2, 1990) specified 

4 by the Secretary of Defense for purposes of the 

5 scholarship program; 

6 (3) at the time of the submittal of an applica7 tion to participate in the scholarship program, holds 

8 an undergraduate or graduate degree, as applicable, 

9 from an institution of higher education that qualifies 

10 the veteran for pursuit of a graduate or post-grad11 uate degree in behavioral sciences; and 

12 (4) meets such other qualifications as the Sec13 retary of Veterans Affairs may establish for pur14 poses of the scholarship program. 

15 (c) APPLICATION.—Each qualifying veteran seeking 

16 to participate in the scholarship program shall submit to 

17 the Secretary of Veterans Affairs an application therefor 

18 setting forth such information as the Secretary shall speci19 fy for purposes of the scholarship program. 

20 (d) AGREEMENT.—Each qualifying veteran selected 

21 by the Secretary of Veterans Affairs for participation in 

22 the scholarship program shall enter into an agreement 

23 with the Secretary regarding participation in the scholar24 ship program. The agreement shall contain such terms 


smartinez on DSKB9S0YB1PROD with BILLS
341 

HR 5136 PCS1S 

1 and conditions as the Secretary shall specify for purposes 

2 of the scholarship program. 

3 (e) SCHOLARSHIPS.— 

4 (1) IN GENERAL.—The Secretary of Veterans 

5 Affairs shall provide to each qualifying veteran who 

6 enters into an agreement under subsection (d) a 

7 scholarship for such number of academic years as 

8 the Secretary shall specify in the agreement for pur9 suit of a graduate or post-graduate degree in behav10 ioral health sciences at an institution of higher edu11 cation offering such degree that is approved by the 

12 Secretary for purposes of the scholarship program. 

13 (2) ELEMENTS.—The scholarship provided a 

14 qualifying veteran for an academic year shall consist 

15 of payment of the following: 

16 (A) Tuition of the qualifying veteran for 

17 pursuit of the graduate or post-graduate degree 

18 concerned in the academic year. 

19 (B) Reasonable educational expenses of the 

20 qualifying veteran (including fees, books, and 

21 laboratory expenses) in pursuit of such degree 

22 in the academic year. 

23 (C) A stipend in connection with the pur24 suit of such degree in the academic year in such 

25 amount as the Secretary shall specify in the 


smartinez on DSKB9S0YB1PROD with BILLS
342 

HR 5136 PCS1S 

1 agreement of the qualifying veteran under sub2 section (d). 

3 (f) OBLIGATED SERVICE.—Each qualifying veteran 

4 who participates in the scholarship program shall, after 

5 completion of the graduate or post-graduate degree con6 cerned and as jointly provided by the Secretary of Vet7 erans Affairs and the Secretary of Defense in the agree8 ment of such qualifying veteran under subsection (d), per9 form service as follows: 

10 (1) Such service for the Department of Vet11 erans Affairs in connection with the furnishing of 

12 mental health services to veterans, and for such pe13 riod, as the Secretary of Veterans Affairs shall 

14 specify in the agreement. 

15 (2) Such service for the Department of Defense 

16 in connection with the furnishing of mental health 

17 services to members of the Armed Forces, and for 

18 such period, as the Secretary of Veterans Affairs 

19 shall, in consultation with the Secretary of Defense, 

20 specify in the agreement. 

21 (3) Such combination of service described by 

22 paragraphs (1) and (2), and for such period, as the 

23 Secretary of Veterans Affairs shall, in consultation 

24 with the Secretary of Defense, specify in the agree25 ment. 


smartinez on DSKB9S0YB1PROD with BILLS
343 

HR 5136 PCS1S 

1 (g) BREACH OF AGREEMENT.—Each qualifying vet2 eran participating in the scholarship who fails to complete 

3 satisfactorily the terms of the agreement of such quali4 fying veteran under subsection (d), whether through fail5 ure to obtain the graduate or post-graduate degree con6 cerned or failure to perform service required of the quali7 fying veteran under subsection (f), shall be liable to the 

8 United States in such form and manner as the Secretary 

9 of Veterans Affairs shall, in consultation with the Sec10 retary of Defense, specify in the agreement. 

11 (h) CONTINGENCY OPERATION DEFINED.—In this 

12 section, the term ‘‘contingency operation’’ has the mean13 ing given that term in section 101(a)(13) of title 10, 

14 United States Code. 

15 TITLE VII—HEALTH CARE 

16 PROVISIONS 

17 Subtitle A—Improvements to 

18 Health Benefits 

19 SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN 

20 CERTAIN HEALTH CARE COSTS. 

21 (a) CHARGES UNDER CONTRACTS FOR MEDICAL

22 CARE.—Section 1097(e) of title 10, United States Code, 

23 is amended by striking ‘‘September 30, 2009’’ and insert24 ing ‘‘September 30, 2011’’. 


smartinez on DSKB9S0YB1PROD with BILLS
344 

HR 5136 PCS1S 

1 (b) CHARGES FOR INPATIENT CARE.—Section 

2 1086(b)(3) of such title is amended by striking ‘‘Sep3 tember 30, 2010’’ and inserting ‘‘September 30, 2011’’. 

4 SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER 

5 TRICARE. 

6 (a) DEPENDENT COVERAGE.— 

7 (1) IN GENERAL.—Chapter 55 of title 10, 

8 United States Code, is amended by adding at the 

9 end the following new section: 

10 ‘‘§ 1110b. TRICARE program: extension of dependent 

11 coverage 

12 ‘‘(a) IN GENERAL.—In accordance with subsection 

13 (c), an individual described in subsection (b) shall be 

14 deemed to be a dependent (as described in section 

15 1072(2)(D) of this title) for purposes of TRICARE cov16 erage. 

17 ‘‘(b) INDIVIDUAL DESCRIBED.—An individual de18 scribed in this subsection is an individual who— 

19 ‘‘(1) with respect to a member or former mem20 ber of a uniformed service, is— 

21 ‘‘(A) a child who has not attained the age 

22 of 26 and is not eligible to enroll in an eligible 

23 employer-sponsored plan (as defined in section 

24 5000A(f)(2) of the Internal Revenue Code of 

25 1986); or 


smartinez on DSKB9S0YB1PROD with BILLS
345 

HR 5136 PCS1S 

1 ‘‘(B) a person who— 

2 ‘‘(i) is placed in the legal custody of 

3 the member or former member as a result 

4 of an order of a court of competent juris5 diction in the United States (or possession 

6 of the United States) for a period of at 

7 least 12 consecutive months; 

8 ‘‘(ii) has not attained the age of 26; 

9 ‘‘(iii) is not eligible to enroll in an eli10 gible employer-sponsored plan (as defined 

11 in section 5000A(f)(2) of the Internal Rev12 enue Code of 1986); 

13 ‘‘(iv) resides with the member or 

14 former member unless separated by the ne15 cessity of military service or to receive in16 stitutional care as a result of disability or 

17 incapacitation or under such other cir18 cumstances as the administering Secretary 

19 may by regulation prescribe; 

20 ‘‘(v) is not otherwise a dependent of a 

21 member or a former member under any 

22 subparagraph of section 1072(2) of this 

23 title; and 

24 ‘‘(vi) is not the child of a dependent 

25 who is described in subparagraph (D) or 


smartinez on DSKB9S0YB1PROD with BILLS
346 

HR 5136 PCS1S 

1 (I) of section 1072(2) and is a covered 

2 beneficiary; and 

3 ‘‘(2) meets other criteria specified in regula4 tions prescribed by the Secretary. 

5 ‘‘(c) PREMIUM.—(1) The Secretary shall prescribe by 

6 regulation a premium for TRICARE coverage provided 

7 pursuant to this section to an individual described in sub8 section (b). 

9 ‘‘(2) The monthly amount of the premium in effect 

10 for a month for TRICARE coverage pursuant to this sec11 tion shall be an amount not to exceed the cost of coverage 

12 that the Secretary determines on an appropriate actuarial 

13 basis. 

14 ‘‘(3) The Secretary shall prescribe the requirements 

15 and procedures applicable to the payment of premiums 

16 under this subsection. 

17 ‘‘(4) Amounts collected as premiums under this para18 graph shall be credited to the appropriation available for 

19 the Defense Health Program Account under section 1100 

20 of this title, shall be merged with sums in such Account 

21 that are available for the fiscal year in which collected, 

22 and shall be available under subsection (b) of such section 

23 for such fiscal year. 

24 ‘‘(d) TRICARE COVERAGE DEFINED.—In this sec25 tion, the term ‘TRICARE coverage’ means health care to 


smartinez on DSKB9S0YB1PROD with BILLS
347 

HR 5136 PCS1S 

1 which a dependent described in section 1072(2)(D) of this 

2 title is entitled under section 1076d, 1076e, 1079, 1086, 

3 or 1097 of this title.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by inserting after the item relating to section 1110a 

7 the following new item: 

‘‘1110b. TRICARE program: extension of dependent coverage.’’. 

8 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

9 section 1086(c) of title 10, United States Code, is amend10 ed by inserting after ‘‘of this title’’ the following: ‘‘(or an 

11 individual described in section 1110b(b) who meets the re12 quirements for a dependent under paragraph (1) or (2) 

13 of such section 1076(b))’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on October 1, 2010. 

16 SEC. 703. SURVIVOR DENTAL BENEFITS. 

17 Paragraph (2) of section 1076a(k) of title 10, United 

18 States Code, is amended to read as follows: 

19 ‘‘(2) Such term includes any such dependent of a 

20 member who dies— 

21 ‘‘(A) while on active duty for a period of more 

22 than 30 days; or 

23 ‘‘(B) while such member is a member of the 

24 Ready Reserve.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
348 

HR 5136 PCS1S 

1 SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE 

2 ARMED FORCES. 

3 (a) IN GENERAL.—Paragraph (2) of section 1074f(b) 

4 of title 10, United States Code, is amended by adding at 

5 the end the following new subparagraph: 

6 ‘‘(D) An aural screening, including an assess7 ment of tinnitus.’’. 

8 (b) EFFECTIVE DATE.—Section 1074f(b)(2) of title 

9 10, United States Code, as added by subsection (a) of this 

10 section, shall apply to members of the Armed Forces who 

11 are deployed or return from deployment on or after the 

12 date that is 30 days after the date of the enactment of 

13 this Act. 

14 SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN CO15 PAYMENTS UNDER RETAIL PHARMACY SYS16 TEM OF PHARMACY BENEFITS PROGRAM. 

17 During the period beginning on October 1, 2010, and 

18 ending on September 30, 2011, the cost sharing require19 ments established under paragraph (6) of section 

20 1074g(a) of title 10, United States Code, for pharma21 ceutical agents available through retail pharmacies cov22 ered by paragraph (2)(E)(ii) of such section may not ex23 ceed amounts as follows: 

24 (1) In the case of generic agents, $3. 

25 (2) In the case of formulary agents, $9. 

26 (3) In the case of nonformulary agents, $22. 


smartinez on DSKB9S0YB1PROD with BILLS
349 

HR 5136 PCS1S 

1 SEC. 706. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL 

2 READY RESERVE AND INDIVIDUAL MOBILIZA3 TION AUGMENTEES. 

4 (a) FINDINGS.—Congress finds that a veteran who 

5 is a member of the Individual Ready Reserve (or who is 

6 an individual mobilization augmentee) and is not assigned 

7 to a unit that musters regularly and has an established 

8 support structure is less likely to be helped by existing 

9 suicide prevention programs carried out by the Secretary 

10 of Defense and the Secretary of Veterans Affairs. 

11 (b) IN GENERAL.— 

12 (1) SUICIDE PREVENTION.—Chapter 55 of title 

13 10, United States Code, is amended by adding after 

14 section 1074l the following new section: 

15 ‘‘§ 1074m. Suicide prevention for members of the In16 dividual Ready Reserve and individual 

17 mobilization augmentees 

18 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

19 ensure that each covered member receives a telephone call 

20 described in subsection (b) not less than once every 90 

21 days during the period in which— 

22 ‘‘(1) the covered member is a member of the In23 dividual Ready Reserve; or 

24 ‘‘(2) the Secretary determines that the covered 

25 member is an individual mobilization augmentee. 


smartinez on DSKB9S0YB1PROD with BILLS
350 

HR 5136 PCS1S 

1 ‘‘(b) COUNSELING CALL.—A telephone call described 

2 in this subsection is a call from properly trained personnel 

3 to determine the emotional, psychological, medical, and ca4 reer needs and concerns of the covered member. 

5 ‘‘(c) REFERRAL.—(1) The personnel making a tele6 phone call described in subsection (b) shall refer a covered 

7 member identified as being at-risk of self-caused harm to 

8 the nearest emergency room for immediate evaluation and 

9 treatment by a qualified mental health care provider. 

10 ‘‘(2) If a covered member is referred under paragraph 

11 (1), the Secretary shall confirm that the member has re12 ceived the evaluation and any necessary treatment.

13 ‘‘(d) REPORTS.—Not later than January 31 of each 

14 year, beginning in 2011, the Secretary shall submit to 

15 Congress a report on the number of covered members who 

16 have been referred for counseling or mental health treat17 ment under this section, as well as the health and career 

18 status of such members. 

19 ‘‘(e) COVERED MEMBER DEFINED.—In this section, 

20 the term ‘covered member’ means— 

21 ‘‘(1) a member of the Individual Ready Reserve 

22 described in section 10144(b) of this title who has 

23 deployed to Afghanistan or Iraq in support of a con24 tingency operation; or 


smartinez on DSKB9S0YB1PROD with BILLS
351 

HR 5136 PCS1S 

1 ‘‘(2) a member of a reserve component who the 

2 Secretary determines is an individual mobilization 

3 augmentee who has deployed to Afghanistan or Iraq 

4 in support of a contingency operation.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of such chapter is amended 

7 by inserting after the item relating to section 1074l 

8 the following new item: 

‘‘1074m. Suicide prevention for members of the Individual Ready Reserve and 

individual mobilization augmentees.’’. 

9 SEC. 707. PROVISION OF INFORMATION TO MEMBERS OF 

10 THE RESERVE COMPONENTS REGARDING 

11 HEALTH CARE BENEFITS. 

12 (a) PROVISION OF INFORMATION.—The Secretary of 

13 Defense shall ensure that each member of a reserve com14 ponent of the Armed Forces who is mobilized or demobi15 lized is provided, together with the orders providing for 

16 such mobilization or demobilization, a clear and com17 prehensive statement of the medical care and treatment 

18 to which such member is entitled under Federal law by 

19 reason of being so mobilized or demobilized. 

20 (b) FREQUENCY.—The statement required to be pro21 vided a member under subsection (a) upon a mobilization 

22 or demobilization shall be provided to the member each 

23 time the member is mobilized or demobilized, as the case 

24 may be. 


smartinez on DSKB9S0YB1PROD with BILLS
352 

HR 5136 PCS1S 

1 (c) ELEMENTS.—The statement provided a member 

2 under subsection (a) shall include the following: 

3 (1) A clear, comprehensive statement of the 

4 medical care and treatment to which the member is 

5 entitled under Federal law by reason of being mobi6 lized or demobilized, as applicable, including— 

7 (A) the nature and range of the care and 

8 treatment to which the member is entitled; 

9 (B) the departments and agencies of the 

10 Federal Government that will provide such care 

11 and treatment; 

12 (C) the period for which such care and 

13 treatment will be so provided; and 

14 (D) the obligations, if any, of the member 

15 in connection with the receipt of such care and 

16 treatment. 

17 (2) A clear, comprehensive statement of the 

18 health care insurance available under Federal law 

19 for the member’s family, if any, by reason of the 

20 mobilization or demobilization of the member. 

21 (3) A clear, comprehensive description of the 

22 mental health assessments available to the member 

23 before, during, and after deployment pursuant to 

24 section 708 of the national defense authorization act 


smartinez on DSKB9S0YB1PROD with BILLS
353 

HR 5136 PCS1S 

1 for fiscal year 2010 (Public Law 111–84; 123 Stat. 

2 2376; 10 U.S.C. 1074f note). 

3 (4) Such other matters as the Secretary con4 siders appropriate. 

5 Subtitle B—Health Care 

6 Administration 

7 SEC. 711. ADMINISTRATION OF TRICARE. 

8 Subsection (a) of section 1073 of title 10, United 

9 States Code, is amended— 

10 (1) by striking ‘‘Except’’ and inserting ‘‘(1) Ex11 cept’’; and 

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

13 paragraph: 

14 ‘‘(2) Except as otherwise provided in this chapter, the 

15 Secretary of Defense shall have sole responsibility for ad16 ministering the TRICARE program and making any deci17 sion affecting such program.’’. 

18 SEC. 712. UPDATED TERMINOLOGY FOR THE ARMY MED19 ICAL SERVICE CORPS. 

20 Paragraph (5) of section 3068 of title 10, United 

21 States Code, is amended— 

22 (1) in subparagraph (A), by striking ‘‘Phar23 macy, Supply, and Administration’’ and inserting 

24 ‘‘Administrative Health Services’’; 


smartinez on DSKB9S0YB1PROD with BILLS
354 

HR 5136 PCS1S 

1 (2) in subparagraph (C), by striking ‘‘Sanitary 

2 Engineering’’ and inserting ‘‘Preventive Medicine 

3 Sciences’’; and 

4 (3) in subparagraph (D), by striking ‘‘Optom5 etry’’ and inserting ‘‘Clinical Health Sciences’’. 

6 SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS 

7 APPLICABLE TO MILITARY HEALTH-CARE 

8 PROFESSIONALS WHO ARE MEMBERS OF THE 

9 NATIONAL GUARD PERFORMING DUTY WHILE 

10 IN TITLE 32 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 


smartinez on DSKB9S0YB1PROD with BILLS
355 

HR 5136 PCS1S 

1 ‘‘(B) is performing training or duty under title 

2 32 in response to an actual or potential disaster.’’. 

3 SEC. 714. ANNUAL REPORT ON JOINT HEALTH CARE FA4 CILITIES OF THE DEPARTMENT OF DEFENSE 

5 AND THE DEPARTMENT OF VETERANS AF6 FAIRS. 

7 (a) ANNUAL REPORTS.—Section 1073b of title 10, 

8 United States Code, is amended by adding at the end the 

9 following new subsection: 

10 ‘‘(c) ANNUAL REPORT ON JOINT HEALTH CARE FA11 CILITIES OF THE DEPARTMENT OF DEFENSE AND THE

12 DEPARTMENT OF VETERANS AFFAIRS.—(1) At the same 

13 time that the budget of the President is submitted under 

14 section 1105(a) of title 31 for each fiscal year, the Sec15 retary of Defense and the Secretary of Veterans Affairs 

16 shall jointly submit to the appropriate congressional com17 mittees a report on joint facilities. 

18 ‘‘(2) Each report under paragraph (1) shall include 

19 the following: 

20 ‘‘(A) A list of each military medical treatment 

21 facility of the Department of Defense that the Sec22 retary of Defense is considering as a potential joint 

23 facility. 

24 ‘‘(B) A list of each medical facility of the De25 partment of Veterans Affairs that the Secretary of 


smartinez on DSKB9S0YB1PROD with BILLS
356 

HR 5136 PCS1S 

1 Veterans Affairs is considering as a potential joint 

2 facility. 

3 ‘‘(C) A list of each military medical treatment 

4 facility of the Department of Defense and medical 

5 facility of the Department of Veterans Affairs that 

6 has been established as a joint facility. 

7 ‘‘(3)(A) Except as provided in subparagraph (B), no 

8 funds authorized to be appropriated or otherwise made 

9 available for fiscal year 2012 or any fiscal year thereafter 

10 for military medical treatment facilities of the Department 

11 of Defense may be obligated or expended to establish a 

12 joint facility unless both the military medical treatment 

13 facility of the Department of Defense and the medical fa14 cility of the Department of Veterans Affairs were included 

15 in a report under paragraph (1). 

16 ‘‘(B) The Secretary of Defense may waive the limita17 tion in subparagraph (A) with respect to establishing a 

18 joint facility not included in a report under paragraph (1) 

19 if— 

20 ‘‘(i) the Secretary and the Secretary of Vet21 erans Affairs jointly submit to the appropriate con22 gressional committees— 

23 ‘‘(I) written certification that the Secre24 taries began considering such joint facility after 

25 the most recent report under subsection (a) was 


smartinez on DSKB9S0YB1PROD with BILLS
357 

HR 5136 PCS1S 

1 submitted to the appropriate congressional com2 mittees; and 

3 ‘‘(II) a report on such joint facility, includ4 ing the location and the estimated cost; and 

5 ‘‘(ii) a period of 30 days has elapsed after the 

6 date on which the certification and report under 

7 clause (i) are submitted to the appropriate congres8 sional committees. 

9 ‘‘(4) In this subsection: 

10 ‘‘(A) The term ‘appropriate congressional com11 mittees’ means— 

12 ‘‘(i) the congressional defense committees; 

13 ‘‘(ii) the Committee on Veterans’ Affairs of 

14 the House of Representatives; and 

15 ‘‘(iii) the Committee on Veterans’ Affairs 

16 of the Senate. 

17 ‘‘(B) The term ‘joint facility’ means a military 

18 medical treatment facility of the Department of De19 fense and a medical facility of the Department of 

20 Veterans Affairs that are combined, operated jointly, 

21 or otherwise operated in such a manner that a facil22 ity of one department is operating in or with a facil23 ity of the other department. 

24 ‘‘(C) The term ‘medical facility’, with respect to 

25 a facility of the Department of Veterans Affairs, has 


smartinez on DSKB9S0YB1PROD with BILLS
358 

HR 5136 PCS1S 

1 the meaning given that term in section 8101(3) of 

2 title 38.’’. 

3 (b) TITLE 38.— 

4 (1) IN GENERAL.—Subchapter IV of chapter 81 

5 of title 38, United States Code, is amended by add6 ing at the end the following new section: 

7 ‘‘§ 8159. Limitation on establishment of joint facilities 

8 of the Department of Veterans Affairs 

9 and the Department of Defense 

10 ‘‘(a) LIMITATION.—Except as provided in subsection 

11 (b), no funds authorized to be appropriated or otherwise 

12 made available for fiscal year 2012 or any fiscal year 

13 thereafter for medical facilities of the Department of Vet14 erans Affairs may be obligated or expended to establish 

15 a joint facility unless both the medical facility of the De16 partment of Veterans Affairs and the military medical 

17 treatment facility of the Department of Defense were in18 cluded in a report submitted by the Secretary of Veterans 

19 Affairs and the Secretary of Defense to the appropriate 

20 congressional committees under section 1073b(c) of title 

21 10. 

22 ‘‘(b) WAIVER.—The Secretary of Veterans Affairs 

23 may waive the limitation in subsection (a) with respect to 

24 establishing a joint facility not included in a report under 

25 section 1073b(c) of title 10 if— 


smartinez on DSKB9S0YB1PROD with BILLS
359 

HR 5136 PCS1S 

1 ‘‘(1) the Secretary and the Secretary of Defense 

2 jointly submit to the appropriate congressional com3 mittees— 

4 ‘‘(A) written certification that the Secre5 taries began considering such joint facility after 

6 the most recent report under section 1073b(c) 

7 of title 10 was submitted to the appropriate 

8 congressional committees; and 

9 ‘‘(B) a report on such joint facility, includ10 ing the location and the estimated cost; and 

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

12 date on which the certification and report under 

13 paragraph (1) are submitted to the appropriate con14 gressional committees. 

15 ‘‘(c) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘appropriate congressional com17 mittees’ means— 

18 ‘‘(A) the congressional defense committees 

19 (as defined in section 101(a)(16) of title 10); 

20 ‘‘(B) the Committee on Veterans’ Affairs 

21 of the House of Representatives; and 

22 ‘‘(C) the Committee on Veterans’ Affairs 

23 of the Senate. 

24 ‘‘(2) The term ‘joint facility’ means a military 

25 medical treatment facility of the Department of DeVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
360 

HR 5136 PCS1S 

1 fense and a medical facility of the Department of 

2 Veterans Affairs that are combined, operated jointly, 

3 or otherwise operated in such a manner that a facil4 ity of one department is operating in or with a facil5 ity of the other department. 

6 ‘‘(3) The term ‘medical facility’ has the mean7 ing given that term in section 8101(3) of this title.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended 

10 by inserting after the item relating to section 8158 

11 the following new item: 

‘‘8159. Limitation on establishment of joint facilities of the Department of Veterans Affairs and the Department of Defense.’’. 

12 SEC. 715. IMPROVEMENTS TO OVERSIGHT OF MEDICAL 

13 TRAINING FOR MEDICAL CORPS OFFICERS. 

14 (a) REVIEW OF TRAINING PROGRAMS FOR MEDICAL

15 OFFICERS.—The Secretary of Defense shall conduct a re16 view of training programs for medical officers (as defined 

17 in section 101(b)(14) of title 10, United States Code) to 

18 ensure that the academic and military performance of 

19 such officers has been completely documented in military 

20 personnel records. The programs reviewed shall include, 

21 at a minimum, the following: 

22 (1) Programs at the Uniformed Services Uni23 versity of the Health Sciences that award a medical 

24 doctor degree. 


smartinez on DSKB9S0YB1PROD with BILLS
361 

HR 5136 PCS1S 

1 (2) Selected residency programs at military 

2 medical treatment facilities, as determined by the 

3 Secretary, to include at least one program in each 

4 of the specialties of— 

5 (A) anesthesiology; 

6 (B) emergency medicine; 

7 (C) family medicine; 

8 (D) general surgery; 

9 (E) neurology; 

10 (F) obstetrics/gynecology; 

11 (G) pathology; 

12 (H) pediatrics; and 

13 (I) psychiatry. 

14 (b) REPORT.—Not later than one year after the date 

15 of the enactment of this Act, the Secretary of Defense 

16 shall submit to the congressional defense committees a re17 port on the findings of the review under subsection (a). 

18 SEC. 716. STUDY ON REIMBURSEMENT FOR COSTS OF 

19 HEALTH CARE PROVIDED TO INELIGIBLE IN20 DIVIDUALS. 

21 (a) STUDY.—The Secretary of Defense shall conduct 

22 a study on the costs incurred by the United States on be23 half of individuals— 

24 (1) who are not covered beneficiaries; and 


smartinez on DSKB9S0YB1PROD with BILLS
362 

HR 5136 PCS1S 

1 (2) who receive health care services from a 

2 health care provider under the TRICARE program. 

3 (b) REPORT.—Not later than 180 days after the date 

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

5 to the congressional defense committees a report on the 

6 study under subsection (a), including recommendations for 

7 legislative action that the Secretary considers appropriate 

8 to— 

9 (1) prevent individuals who are not covered 

10 beneficiaries from receiving health care services from 

11 a health care provider under the TRICARE pro12 gram; and 

13 (2) recoup the costs of such health care from 

14 such individuals. 

15 (c) DEFINITIONS.—In this section: 

16 (1) The term ‘‘covered beneficiary’’ has the 

17 meaning given that term in section 1072(5) of title 

18 10, United States Code. 

19 (2) The term ‘‘TRICARE program’’ has the 

20 meaning given that term in section 1072(7) of such 

21 title. 


smartinez on DSKB9S0YB1PROD with BILLS
363 

HR 5136 PCS1S 

1 SEC. 717. LIMITATION ON TRANSFER OF FUNDS TO DE2 PARTMENT OF DEFENSE-DEPARTMENT OF 

3 VETERANS AFFAIRS MEDICAL FACILITY DEM4 ONSTRATION PROJECT. 

5 The Secretary of Defense may not transfer any funds 

6 authorized to be appropriated by this Act for fiscal year 

7 2011 to the Joint Department of Defense–Department of 

8 Veterans Affairs Medical Facility Demonstration Fund es9 tablished in section 1704 of the National Defense Author10 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

11 Stat. 2571) unless, before any such transfer— 

12 (1) the Secretary submits to the congressional 

13 defense committees, the Committee on Veterans’ Af14 fairs of the House of Representatives, and the Com15 mittee on Veterans’ Affairs of the Senate a report 

16 providing— 

17 (A) notice of the proposed transfer; and 

18 (B) the exact amount and source of funds 

19 to be transferred; and 

20 (2) a period of 30 days has elapsed (excluding 

21 days of which either House of Congress is not in 

22 session) after the report is submitted under para23 graph (1). 


smartinez on DSKB9S0YB1PROD with BILLS
364 

HR 5136 PCS1S 

1 SEC. 718. ENTERPRISE RISK ASSESSMENT OF HEALTH IN2 FORMATION TECHNOLOGY PROGRAMS. 

3 (a) STUDY.—The Secretary of Defense shall conduct 

4 an enterprise risk assessment methodology study of all 

5 health information technology programs of the Depart6 ment of Defense. 

7 (b) REPORT.—Not later than 180 days after the date 

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

9 to the congressional defense committees a report con10 taining the results of the study required under subsection 

11 (a). 

12 Subtitle C—Other Matters 

13 SEC. 721. IMPROVING AURAL PROTECTION FOR MEMBERS 

14 OF THE ARMED FORCES. 

15 (a) IN GENERAL.—In accordance with section 721 of 

16 the Duncan Hunter National Defense Authorization Act 

17 for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

18 4506), the Secretary of Defense shall examine methods 

19 to improve the aural protection for members of the Armed 

20 Forces in combat. 

21 (b) REPORT.—Not later than one year after the date 

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

23 to Congress a report on the methods to improve aural pro24 tection examined under subsection (a). 


smartinez on DSKB9S0YB1PROD with BILLS
365 

HR 5136 PCS1S 

1 SEC. 722. COMPREHENSIVE POLICY ON NEUROCOGNITIVE 

2 ASSESSMENT BY THE MILITARY HEALTH 

3 CARE SYSTEM. 

4 (a) COMPREHENSIVE POLICY REQUIRED.—Not later 

5 than September 30, 2011, the Secretary of Defense shall 

6 develop and implement a comprehensive policy on pre- and 

7 post-deployment neurocognitive assessment. 

8 (b) SCOPE OF POLICY.—The policy required by sub9 section (a) shall cover each of the following: 

10 (1) Require the administration of the same pre11 deployment and post-deployment neurocognitive as12 sessments to all members of the military who are 

13 preparing to deploy or have returned from deploy14 ment. 

15 (2) Require the standardization of testing pro16 cedures for neurocognitive assessments. 

17 (3) Provide for follow-up neurocognitive assess18 ments as needed to create a longitudinal 

19 neurocognitive assessment record for the on-going 

20 care of members of the Armed Forces. 

21 (4) Ensure the neurocognitive assessment re22 sults and reports be made available to members of 

23 the Armed Forces and veterans for their personal 

24 use in health management. 


smartinez on DSKB9S0YB1PROD with BILLS
366 

HR 5136 PCS1S 

1 (c) UPDATES.—The Secretary shall revise the policy 

2 required by subsection (a) on a periodic basis in accord3 ance with experience and evolving best practice guidelines. 

4 (d) ANNUAL REPORT.— 

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

6 the date of the enactment of this Act, and on Sep7 tember 30 of each year thereafter, the Secretary of 

8 Defense shall submit to the congressional defense 

9 committees a report on the policy required by sub10 section (a). 

11 (2) ELEMENTS.—Each report required by para12 graph (1) shall include the following: 

13 (A) A description of the policy imple14 mented under subsection (b), and any revisions 

15 to such policy under subsection (d). 

16 (B) A description of the performance 

17 measures used to determine the effectiveness of 

18 the policy in improving the use of 

19 neurocognitive assessments throughout the De20 partment of Defense. 

21 (e) COGNITIVE IMPAIRMENT SCREENINGS.—Until 

22 the comprehensive policy under subsection (a) is imple23 mented, the Secretary shall use the same cognitive screen24 ing tool for pre-deployment and post-deployment screening 

25 to compare new data to previous baseline data for the purVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
367 

HR 5136 PCS1S 

1 poses of detecting cognitive impairment (as described in 

2 section 1618(e)(6) of the Wounded Warrior Act (title XVI 

3 of Public Law 110–181; 10 U.S.C. 1071 note)) for each 

4 member of the Armed Forces— 

5 (1) who returns from a deployment in support 

6 of a contingency operation; and 

7 (2) who completed a neurocognitive assessment 

8 prior to the implementation of a new pre-deployment 

9 and post-deployment screening tool. 

10 (f) CONCLUSION OF STUDIES ON COGNITIVE ASSESS11 MENT TOOLS.—Not later than September 30, 2011, the 

12 Secretary of Defense shall complete any outstanding com13 parative studies on the effectiveness of various cognitive 

14 screening tools, including existing tools used for pre-de15 ployment and post-deployment screenings, for the imple16 mentation of the comprehensive policy under subsection 

17 (a). 

18 SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER. 

19 (a) DESIGNATION.—Not later than October 1, 2011, 

20 the Secretary of Defense may designate a center to be 

21 known as the ‘‘National Casualty Care Research Center’’ 

22 (in this section referred to as the ‘‘Center’’), which shall 

23 consist of the program known as the combat casualty care 

24 research program of the Army Medical Research and Ma25 teriel Command. 


smartinez on DSKB9S0YB1PROD with BILLS
368 

HR 5136 PCS1S 

1 (b) DIRECTOR.—The Secretary, in consultation with 

2 the commanding general of the Army Medical Research 

3 and Materiel Command, shall appoint a director of the 

4 Center. 

5 (c) ACTIVITIES OF THE CENTER.—In addition to 

6 other functions performed by the combat casualty care re7 search program, the Center shall— 

8 (1) provide a public-private partnership for 

9 funding clinical and experimental studies in combat 

10 injury; 

11 (2) integrate laboratory and clinical research to 

12 hasten improvements in care to members of the 

13 Armed Forces who are injured; 

14 (3) ensure that data from both military and ci15 vilian entities, including the Joint Theater Trauma 

16 Registry and the National Trauma Data Bank, are 

17 optimally used to establish research agendas and 

18 measure improvements in outcomes; 

19 (4) fund the full range of injury research and 

20 evaluation, including— 

21 (A) laboratory, translational, and clinical 

22 research; 

23 (B) point of wounding and pre-hospital 

24 care; 

25 (C) early resuscitative management; 


smartinez on DSKB9S0YB1PROD with BILLS
369 

HR 5136 PCS1S 

1 (D) initial and definitive surgical care; and 

2 (E) rehabilitation and reintegration into 

3 society; and 

4 (5) coordinate the collaboration of civilian and 

5 military institutions conducting trauma research. 

6 SEC. 724. REPORT ON FEASIBILITY OF STUDY ON BREAST 

7 CANCER AMONG FEMALE MEMBERS OF THE 

8 ARMED FORCES. 

9 (a) REPORT.—Not later than March 1, 2011, the 

10 Secretary of Defense shall submit to the congressional de11 fense committees a report on the feasibility of conducting 

12 a case-control study described in subsection (b). 

13 (b) CASE-CONTROL STUDY.—A case-control study de14 scribed in this subsection is a case-control study on the 

15 incidence of breast cancer among covered members in 

16 order to determine whether covered members were at an 

17 elevated risk of having breast cancer, including the fol18 lowing: 

19 (1) A determination of the number of covered 

20 members who have been diagnosed with breast can21 cer. 

22 (2) A sample of covered members who have not 

23 been diagnosed with breast cancer who could serve 

24 as an appropriate comparison group. 


smartinez on DSKB9S0YB1PROD with BILLS
370 

HR 5136 PCS1S 

1 (3) A determination of demographic informa2 tion and potential breast cancer risk factors regard3 ing covered members who are included in the study, 

4 including— 

5 (A) race; 

6 (B) ethnicity; 

7 (C) age; 

8 (D) possible exposure to hazardous ele9 ments or chemical or biological agents (includ10 ing any vaccines) and where such exposure oc11 curred; 

12 (E) known breast cancer risk factors, in13 cluding familial, reproductive, and anthropo14 metric parameters; 

15 (F) the locations of duty stations that such 

16 member was assigned; 

17 (G) the locations in which such member 

18 was deployed; and 

19 (H) the geographic area of residence prior 

20 to deployment. 

21 (4) An analysis of the clinical characteristics of 

22 breast cancer diagnosed in covered members (includ23 ing the stage, grade, and other details of the can24 cer). 


smartinez on DSKB9S0YB1PROD with BILLS
371 

HR 5136 PCS1S 

1 (5) Other information the Secretary considers 

2 appropriate. 

3 (c) COVERED MEMBERS DEFINED.—In this section, 

4 the term ‘‘covered members’’ means female members of 

5 the Armed Forces (including members of the National 

6 Guard and reserve components) who served in Operation 

7 Enduring Freedom or Operation Iraqi Freedom. 

8 SEC. 725. ASSESSMENT OF POST-TRAUMATIC STRESS DIS9 ORDER BY MILITARY OCCUPATION. 

10 (a) ASSESSMENT.—The Secretary of Defense shall 

11 conduct an assessment of post-traumatic stress disorder 

12 incidence by military occupation, including identification 

13 of military occupations with a high incidence of such dis14 order. 

15 (b) REPORT.—Not later than one year after the date 

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

17 to the congressional defense committees a report on the 

18 assessment under subsection (a). 

19 SEC. 726. VISITING NIH SENIOR NEUROSCIENCE FELLOW20 SHIP PROGRAM. 

21 (a) AUTHORITY TO ESTABLISH.—The Secretary of 

22 Defense may establish a program to be known as the Vis23 iting NIH Senior Neuroscience Fellowship Program at— 

24 (1) the Defense Advanced Research Projects 

25 Agency; and 


smartinez on DSKB9S0YB1PROD with BILLS
372 

HR 5136 PCS1S 

1 (2) the Defense Center of Excellence for Psy2 chological Health and Traumatic Brain Injury. 

3 (b) ACTIVITIES OF THE PROGRAM.—In establishing 

4 the Visiting NIH Senior Neuroscience Fellowship Pro5 gram under subsection (a), the Secretary shall require the 

6 program to— 

7 (1) provide a partnership between the National 

8 Institutes of Health and the Defense Advanced Re9 search Projects Agency to enable identification and 

10 funding of the broadest range of innovative, highest 

11 quality clinical and experimental neuroscience stud12 ies for the benefit of members of the Armed Forces; 

13 (2) provide a partnership between the National 

14 Institutes of Health and the Defense Center of Ex15 cellence for Psychological Health and Traumatic 

16 Brain Injury that will enable identification and 

17 funding of clinical and experimental neuroscience 

18 studies for the benefit of members of the Armed 

19 Forces; 

20 (3) use the results of the studies described in 

21 paragraph (1) and (2) to enhance the mission of the 

22 National Institutes of Health for the benefit of the 

23 public; and 

24 (4) provide a military and civilian collaborative 

25 environment for neuroscience-based medical probVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
373 

HR 5136 PCS1S 

1 lem-solving in critical areas affecting both military 

2 and civilian life, particularly post-traumatic stress 

3 disorder. 

4 (c) PERIOD OF FELLOWSHIP.—The period of any fel5 lowship under the Program shall not last more than two 

6 years and shall not continue unless agreed upon by the 

7 parties concerned. 

8 SEC. 727. PILOT PROGRAM ON PAYMENT FOR TREATMENT 

9 OF MEMBERS OF THE ARMED FORCES AND 

10 VETERANS FOR TRAUMATIC BRAIN INJURY 

11 AND POST-TRAUMATIC STRESS DISORDER. 

12 (a) PAYMENT PROCESS.—The Secretary of Defense 

13 and the Secretary of Veterans Affairs shall carry out a 

14 five-year pilot program under which each such Secretary 

15 shall establish a process through which each Secretary 

16 shall provide payment for treatments (including diagnostic 

17 testing) of traumatic brain injury or post-traumatic stress 

18 disorder received by members of the Armed Forces and 

19 veterans in health care facilities other than military treat20 ment facilities or Department of Veterans Affairs medical 

21 facilities. Such process shall provide that payment be 

22 made directly to the health care facility furnishing the 

23 treatment. 


smartinez on DSKB9S0YB1PROD with BILLS
374 

HR 5136 PCS1S 

1 (b) CONDITIONS FOR PAYMENT.—The approval by a 

2 Secretary for payment for a treatment pursuant to sub3 section (a) shall be subject to the following conditions: 

4 (1) Any drug or device used in the treatment 

5 must be approved or cleared by the Food and Drug 

6 Administration for any purpose. 

7 (2) The treatment or study protocol used in 

8 treating the member or veteran must have been ap9 proved by an institutional review board operating in 

10 accordance with regulations issued by the Secretary 

11 of Health and Human Services. 

12 (3) The approved treatment or study protocol 

13 (including any patient disclosure requirements) must 

14 be used by the health care provider delivering the 

15 treatment. 

16 (4) The patient receiving the treatment or 

17 study protocol must demonstrate an improvement as 

18 a result of the treatment on one or more of the fol19 lowing: 

20 (A) Standardized independent pre-treat21 ment and post-treatment neuropsychological 

22 testing. 

23 (B) Accepted survey instruments. 

24 (C) Neurological imaging. 

25 (D) Clinical examination. 


smartinez on DSKB9S0YB1PROD with BILLS
375 

HR 5136 PCS1S 

1 (5) The patient receiving the treatment or 

2 study protocol must be receiving the treatment vol3 untarily. 

4 (6) The patient receiving the treatment may not 

5 be a retired member of the uniformed services or of 

6 the Armed Forces who is entitled to benefits under 

7 part A, or eligible to enroll under part B, of title 

8 XVIII of the Social Security Act. 

9 (c) ADDITIONAL RESTRICTIONS PROHIBITED.—Ex10 cept as provided in this subsection (b), no restriction or 

11 condition for reimbursement may be placed on any health 

12 care provider that is operating lawfully under the laws of 

13 the State in which the provider is located with respect to 

14 the receipt of payment under this Act. 

15 (d) PAYMENT DEADLINE.—The Secretary of Defense 

16 and the Secretary of Veterans Affairs shall make a pay17 ment for a treatment or study protocol pursuant to sub18 section (a) not later than 30 days after a member of the 

19 Armed Forces or veteran (or health care provider on be20 half of such member or veteran) submits to the Secretary 

21 documentation regarding the treatment or study protocol. 

22 The Secretary of Defense and the Secretary of Veterans 

23 Affairs shall ensure that the documentation required 

24 under this subsection may not be an undue burden on the 


smartinez on DSKB9S0YB1PROD with BILLS
376 

HR 5136 PCS1S 

1 member of the Armed Forces or veteran or on the health 

2 care provider. 

3 (e) PAYMENT SOURCE.—Subsection (c)(1) of section 

4 1074 of title 10, United States Code, shall apply with re5 spect to the payment by the Secretary of Defense for 

6 treatment or study protocols pursuant to subsection (a) 

7 of traumatic brain injury and post-traumatic stress dis8 order received by members of the Armed Forces. 

9 (f) PAYMENT AMOUNT.—A payment under this Act 

10 shall be made at the equivalent Centers for Medicare and 

11 Medicaid Services reimbursement rate in effect for appro12 priate treatment codes for the State or territory in which 

13 the treatment or study protocol is received. If no such rate 

14 is in effect, payment shall be made at a fair market rate, 

15 as determined by the Secretary of Defense, in consultation 

16 with the Secretary of Health and Human Services, with 

17 respect to a patient who is a member of the Armed Forces 

18 or the Secretary of Veterans Affairs with respect to a pa19 tient who is a veteran. 

20 (g) DATA COLLECTION AND AVAILABILITY.— 

21 (1) IN GENERAL.—The Secretary of Defense 

22 and the Secretary of Veterans Affairs shall jointly 

23 develop and maintain a database containing data 

24 from each patient case involving the use of a treat25 ment under this section. The Secretaries shall enVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
377 

HR 5136 PCS1S 

1 sure that the database preserves confidentiality and 

2 be made available only— 

3 (A) for third-party payer examination; 

4 (B) to the appropriate congressional com5 mittees and employees of the Department of 

6 Defense, the Department of Veterans Affairs, 

7 the Department of Health and Human Services, 

8 and appropriate State agencies; and 

9 (C) to the primary investigator of the insti10 tutional review board that approved the treat11 ment or study protocol, in the case of data re12 lating to a patient case involving the use of 

13 such treatment or study protocol. 

14 (2) ENROLLMENT IN INSTITUTIONAL REVIEW

15 BOARD STUDY.—In the case of a patient enrolled in 

16 a registered institutional review board study, results 

17 may be publically distributable in accordance with 

18 the regulations prescribed pursuant to the Health 

19 Insurance Portability and Accountability Act of 

20 1996 (Public Law 104–191) and other regulations 

21 and practices in effect as of the date of the enact22 ment of this Act. 

23 (3) QUALIFIED INSTITUTIONAL REVIEW

24 BOARDS.—The Secretary of Defense and the Sec25 retary of Veterans Affairs shall each ensure that the 


smartinez on DSKB9S0YB1PROD with BILLS
378 

HR 5136 PCS1S 

1 Internet website of their respective departments in2 cludes a list of all civilian institutional review board 

3 studies that have received a payment under this Act. 

4 (h) ASSISTANCE FOR MEMBERS TO OBTAIN TREAT5 MENT.— 

6 (1) ASSIGNMENT TO TEMPORARY DUTY.—The 

7 Secretary of a military department may assign a 

8 member of the Armed Forces under the jurisdiction 

9 of the Secretary to temporary duty or allow the 

10 member a permissive temporary duty in order to 

11 permit the member to receive treatment or study 

12 protocol for traumatic brain injury or post-traumatic 

13 stress disorder, for which payments shall be made 

14 under subsection (a), at a location beyond reason15 able commuting distance of the member’s permanent 

16 duty station. 

17 (2) PAYMENT OF PER DIEM.—A member who is 

18 away from the member’s permanent station may be 

19 paid a per diem in lieu of subsistence in an amount 

20 not more than the amount to which the member 

21 would be entitled if the member were performing 

22 travel in connection with a temporary duty assign23 ment. 

24 (3) GIFT RULE WAIVER.—Notwithstanding any 

25 rule of any department or agency with respect to 


smartinez on DSKB9S0YB1PROD with BILLS
379 

HR 5136 PCS1S 

1 ethics or the receipt of gifts, any assistance provided 

2 to a member of the Armed Forces with a service3 connected injury or disability for travel, meals, or 

4 entertainment incidental to receiving treatment or 

5 study protocol under this Act, or for the provision 

6 of such treatment or study protocol, shall not be 

7 subject to or covered by any such rule. 

8 (i) RETALIATION PROHIBITED.—No retaliation may 

9 be made against any member of the Armed Forces or vet10 eran who receives treatment or study protocol as part of 

11 registered institutional review board study carried out by 

12 a civilian health care practitioner. 

13 (j) TREATMENT OF UNIVERSITY AND NATIONALLY

14 ACCREDITED INSTITUTIONAL REVIEW BOARDS.—For 

15 purposes of this Act, a university-affiliated or nationally 

16 accredited institutional review board shall be treated in the 

17 same manner as a Government institutional review board. 

18 (k) MEMORANDA OF UNDERSTANDING.—The Sec19 retary of Defense and the Secretary of Veterans Affairs 

20 shall seek to expeditiously enter into memoranda of under21 standings with civilian institutional review boards de22 scribed in subsection (j) for the purpose of providing for 

23 members of the Armed Forces and veterans to receive 

24 treatment carried out by civilian health care practitioners 

25 under a treatment or study protocol approved by and 


smartinez on DSKB9S0YB1PROD with BILLS
380 

HR 5136 PCS1S 

1 under the oversight of civilian institutional review boards 

2 that would qualify for payment under this Act. 

3 (l) OUTREACH REQUIRED.— 

4 (1) OUTREACH TO VETERANS.—The Secretary 

5 of Veterans Affairs shall notify each veteran with a 

6 service-connected injury or disability of the oppor7 tunity to receive treatment or study protocol pursu8 ant to this Act. 

9 (2) OUTREACH TO MEMBERS OF THE ARMED

10 FORCES.—The Secretary of Defense shall notify 

11 each member of the Armed Forces with a service12 connected injury or disability of the opportunity to 

13 receive treatment or study protocol pursuant to this 

14 Act. 

15 (m) REPORT TO CONGRESS.—Not later than 30 days 

16 after the last day of each fiscal year during which the Sec17 retary of Defense and the Secretary of Veterans Affairs 

18 are authorized to make payments under this Act, the Sec19 retaries shall jointly submit to Congress an annual report 

20 on the implementation of this Act. Such report shall in21 clude each of the following for that fiscal year: 

22 (1) The number of individuals for whom the 

23 Secretary has provided payments under this Act. 

24 (2) The condition for which each such indi25 vidual receives treatment for which payment is proVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
381 

HR 5136 PCS1S 

1 vided under this Act and the success rate of each 

2 such treatment. 

3 (3) Treatment methods that are used by enti4 ties receiving payment provided under this Act and 

5 the respective rate of success of each such method. 

6 (4) The recommendations of the Secretaries 

7 with respect to the integration of treatment methods 

8 for which payment is provided under this Act into 

9 facilities of the Department of Defense and Depart10 ment of Veterans Affairs. 

11 (n) TERMINATION.—The authority to make a pay12 ment under this Act shall terminate on the date that is 

13 five years after the date of the enactment of this Act. 

14 (o) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this Act 

16 $10,000,000 for each fiscal year during which the Sec17 retary of Veterans Affairs and the Secretary of Defense 

18 are authorized to make payments under this Act. 

19 SEC. 728. POST-TRAUMATIC STRESS DISORDER COUN20 SELING FOR CIVILIAN VICTIMS OF THE FORT 

21 HOOD SHOOTING AND OTHER SIMILAR INCI22 DENTS. 

23 The Secretary of Defense shall make available to each 

24 civilian victim of a shooting on a military installation in 

25 the United States, including the shooting at Fort Hood 


smartinez on DSKB9S0YB1PROD with BILLS
382 

HR 5136 PCS1S 

1 on November 5, 2009, extensive counseling for post-trau2 matic stress disorder. 

3 SEC. 729. SENSE OF CONGRESS CONCERNING THE IMPLE4 MENTATION OF THE CONGRESSIONALLY5 MANDATED RECOMMENDATIONS OF THE IN6 STITUTE OF MEDICINE STUDY. 

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

8 (1) Section 717 of the National Defense Au9 thorization Act for Fiscal Year 2008 (Public Law 

10 110–181; 10 U.S.C. 1073 note) directed the Sec11 retary of Defense to enter into a contract with the 

12 Institute of Medicine of the National Academy of 

13 Sciences to conduct a study and make recommenda14 tions regarding the credentials, preparation, and 

15 training of licensed mental health counselors. 

16 (2) In the study, the Institute of Medicine of 

17 the National Academy of Sciences recommends per18 mitting counselors to practice independently under 

19 the TRICARE program. 

20 (3) In addition, the Institute of Medicine of the 

21 National Academy of Sciences recommends that 

22 TRICARE implement a comprehensive quality man23 agement system for all of its mental health profes24 sionals. 


smartinez on DSKB9S0YB1PROD with BILLS
383 

HR 5136 PCS1S 

1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Secretary of Defense should implement the 

3 requirements of subsection (a) of such section 717 by not 

4 later than December 31, 2010, because such implementa5 tion will increase the urgently needed mental health staff 

6 of the Department of Defense and ensure that members 

7 of the Armed Forces will receive timely and confidential 

8 post-deployment screenings with a mental health profes9 sional. 

10 TITLE VIII—ACQUISITION POL11 ICY, ACQUISITION MANAGE12 MENT, AND RELATED MAT13 TERS 

14 Subtitle A—Acquisition Policy and 

15 Management 

16 SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRAC17 TORS. 

18 (a) IN GENERAL.—Section 2320 of title 10, United 

19 States Code, is amended— 

20 (1) in subsection (c)(2)— 

21 (A) by inserting ‘‘or covered litigation sup22 port contractor’’ after ‘‘covered Government 

23 support contractor’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
384 

HR 5136 PCS1S 

1 (B) by inserting after ‘‘oversight of’’ the 

2 following: ‘‘, or preparation for litigation relat3 ing to,’’; and 

4 (2) by inserting after subsection (f) the fol5 lowing: 

6 ‘‘(g) In this section, the term ‘covered litigation sup7 port contractor’ means a contractor (including an expert 

8 or technical consultant) under contract with the Depart9 ment of Defense to provide litigation support, which con10 tractor executes a contract with the Government agreeing 

11 to and acknowledging— 

12 ‘‘(1) that proprietary or nonpublic technical 

13 data furnished will be accessed and used only for the 

14 purposes stated in that contract; 

15 ‘‘(2) that the covered litigation support con16 tractor will take all reasonable steps to protect the 

17 proprietary and nonpublic nature of the technical 

18 data furnished to the covered litigation support con19 tractor; and 

20 ‘‘(3) that such technical data provided to the 

21 covered litigation support contractor under the au22 thority of this section shall not be used by the cov23 ered litigation support contractor to compete against 

24 the third party for Government or non-Government 

25 contracts.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
385 

HR 5136 PCS1S 

1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date that is 120 

3 days after the date of the enactment of this Act. 

4 SEC. 802. DESIGNATION OF F135 AND F136 ENGINE DEVEL5 OPMENT AND PROCUREMENT PROGRAMS AS 

6 MAJOR SUBPROGRAMS. 

7 (a) DESIGNATION AS MAJOR SUBPROGRAMS.—Not 

8 later than 30 days after the date of the enactment of this 

9 Act, the Secretary of Defense shall designate each of the 

10 engine development and procurement programs described 

11 in subsection (b) as a major subprogram of the F–35 

12 Lightning II aircraft major defense acquisition program, 

13 in accordance with section 2430a of title 10, United States 

14 Code. 

15 (b) DESCRIPTION.—For purposes of subsection (a), 

16 the engine development and procurement programs are 

17 the following: 

18 (1) The F135 engine development and procure19 ment program. 

20 (2) The F136 engine development and procure21 ment program. 

22 (c) ORIGINAL BASELINE.—For purposes of reporting 

23 requirements referred to in section 2430a(b) of title 10, 

24 United States Code, for the major subprograms des25 ignated under subsection (a), the Secretary shall use the 


smartinez on DSKB9S0YB1PROD with BILLS
386 

HR 5136 PCS1S 

1 Milestone B decision for each subprogram as the original 

2 baseline for the subprogram. 

3 (d) 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 F–35 Lightning II aircraft major defense acqui8 sition program subsequent to a reassessment and ac9 tions required by subsections (a) and (c) of section 

10 2433a of title 10, United States Code, during fiscal 

11 year 2010, and also conducts such reassessment and 

12 actions with respect to the F135 and F136 engine 

13 development and procurement programs (including 

14 related reporting based on the original baseline as 

15 defined in subsection (c)), the requirements of sec16 tion 2433a of such title with respect to a major sub17 program designated under subsection (a) shall be 

18 considered to be met with respect to the major sub19 program. 

20 (2) LIMITATION.—Actions taken in accordance 

21 with paragraph (1) shall be considered to meet the 

22 requirements of section 2433a of title 10, United 

23 States Code, with respect to a major subprogram 

24 designated under subsection (a) only to the extent 

25 that designation as a major subprogram would reVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
387 

HR 5136 PCS1S 

1 quire the Secretary of Defense to conduct a reas2 sessment and take actions pursuant to such section 

3 2433a for such a subprogram upon enactment of 

4 this Act. The requirements of such section 2433a 

5 shall not be considered to be met with respect to 

6 such a subprogram in the event that additional pro7 grammatic changes, following the date of the enact8 ment of this Act, cause the program acquisition unit 

9 cost or procurement unit cost of such a subprogram 

10 to increase by a percentage equal to or greater than 

11 the critical cost growth threshold (as defined in sec12 tion 2433(a)(5) of such title) for the subprogram. 

13 SEC. 803. CONFORMING AMENDMENTS RELATING TO IN14 CLUSION OF MAJOR SUBPROGRAMS TO 

15 MAJOR DEFENSE ACQUISITION PROGRAMS 

16 UNDER VARIOUS ACQUISITION-RELATED RE17 QUIREMENTS. 

18 (a) CONFORMING AMENDMENTS TO SECTION

19 2366a.—Section 2366a of such title is amended— 

20 (1) in subsections (a), (b)(1), and (b)(2)— 

21 (A) by inserting ‘‘or designated major sub22 program’’ after ‘‘major defense acquisition pro23 gram’’; and 

24 (B) by inserting ‘‘or subprogram’’ after 

25 ‘‘program’’ each place it appears (other than 


smartinez on DSKB9S0YB1PROD with BILLS
388 

HR 5136 PCS1S 

1 after ‘‘major defense acquisition program’’, 

2 after ‘‘space program’’, before ‘‘requirements’’, 

3 and before ‘‘manager’’); and 

4 (2) in subsection (c)— 

5 (A) by redesignating paragraphs (2), (3), 

6 (4), and (5) as paragraphs (3), (4), (5), and 

7 (6), respectively; and 

8 (B) by inserting after paragraph (1) the 

9 following new paragraph (2): 

10 ‘‘(2) The term ‘designated major subprogram’ 

11 means a major subprogram of a major defense ac12 quisition program as designated under section 

13 2430a(a)(1) of this title.’’. 

14 (b) CONFORMING AMENDMENTS TO SECTION

15 2366b.—Section 2366b of such title is amended— 

16 (1) in subsections (a), (b)(1), and (c)(1)— 

17 (A) by inserting ‘‘or designated major sub18 program’’ after ‘‘major defense acquisition pro19 gram’’; and 

20 (B) by inserting ‘‘or subprogram’’ after 

21 ‘‘program’’ each place it appears (other than 

22 after ‘‘major defense acquisition program’’, 

23 after ‘‘future-years defense program’’, and after 

24 ‘‘space program’’); and 

25 (2) in subsection (g)— 


smartinez on DSKB9S0YB1PROD with BILLS
389 

HR 5136 PCS1S 

1 (A) by redesignating paragraphs (2), (3), 

2 and (4) as paragraphs (3), (4), and (5), respec3 tively; and 

4 (B) by inserting after paragraph (1) the 

5 following new paragraph (2): 

6 ‘‘(2) The term ‘designated major subprogram’ 

7 means a major subprogram of a major defense ac8 quisition program as designated under section 

9 2430a(a)(1) of this title.’’. 

10 (c) CONFORMING AMENDMENTS TO SECTION

11 2399.—Subsection (a) of section 2399 of such title is 

12 amended to read as follows: 

13 ‘‘(a) CONDITION FOR PROCEEDING BEYOND LOW14 RATE INITIAL PRODUCTION.—(1) The Secretary of De15 fense shall provide that a covered major defense acquisi16 tion program or a covered designated major subprogram 

17 may not proceed beyond low-rate initial production until 

18 initial operational test and evaluation of the program or 

19 subprogram is completed. 

20 ‘‘(2) In this subsection: 

21 ‘‘(A) The term ‘covered major defense acquisi22 tion program’ means a major defense acquisition 

23 program that involves the acquisition of a weapon 

24 system that is a major system within the meaning 

25 of that term in section 2302(5) of this title. 


smartinez on DSKB9S0YB1PROD with BILLS
390 

HR 5136 PCS1S 

1 ‘‘(B) The term ‘covered designated major sub2 program’ means a major subprogram designated 

3 under section 2430a(a)(1) of this title that is a 

4 major subprogram of a covered major defense acqui5 sition program.’’. 

6 (d) CONFORMING AMENDMENTS TO SECTION

7 2434.—Section 2434(a) of such title is amended— 

8 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 

9 Defense’’; and 

10 (2) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) The provisions of this section shall apply to any 

13 major subprogram of a major defense acquisition program 

14 (as designated under section 2430a(a)(1) of this title) in 

15 the same manner as those provisions apply to a major de16 fense acquisition program, and any reference in this sec17 tion to a program shall be treated as including such a sub18 program.’’. 

19 SEC. 804. ENHANCEMENT OF DEPARTMENT OF DEFENSE 

20 AUTHORITY TO RESPOND TO COMBAT AND 

21 SAFETY EMERGENCIES THROUGH RAPID AC22 QUISITION AND DEPLOYMENT OF URGENTLY 

23 NEEDED SUPPLIES. 

24 (a) REQUIREMENT TO ESTABLISH PROCEDURES.— 

25 Subsection (a) of section 806 of the Bob Stump National 


smartinez on DSKB9S0YB1PROD with BILLS
391 

HR 5136 PCS1S 

1 Defense Authorization Act for Fiscal Year 2003 (10 

2 U.S.C. 2302 note) is amended by striking ‘‘items that 

3 are—’’ and inserting ‘‘supplies that are—’’. 

4 (b) ISSUES TO BE ADDRESSED.—Subsection (b) of 

5 such section is amended— 

6 (1) in paragraph (1)(B), by striking ‘‘items’’ 

7 and inserting ‘‘supplies’’; and 

8 (2) in paragraph (2)— 

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘items’’ and inserting ‘‘sup11 plies’’; 

12 (B) in subparagraph (A), by striking ‘‘an 

13 item’’ and inserting ‘‘the supplies’’; 

14 (C) in subparagraph (B), by striking ‘‘an 

15 item’’ and inserting ‘‘the supplies’’; and 

16 (D) in subparagraph (C), by inserting 

17 ‘‘and utilization’’ after ‘‘deployment’’. 

18 (c) RESPONSE TO COMBAT EMERGENCIES.—Sub19 section (c) of such section is amended— 

20 (1) by striking ‘‘equipment’’ each place it ap21 pears and inserting ‘‘supplies’’; 

22 (2) by striking ‘‘combat capability’’ each place 

23 it appears; 

24 (3) by inserting ‘‘, or could result,’’ after ‘‘that 

25 has resulted’’ each place it appears; 


smartinez on DSKB9S0YB1PROD with BILLS
392 

HR 5136 PCS1S 

1 (4) by striking ‘‘fatalities’’ each place it appears 

2 and inserting ‘‘casualties’’; 

3 (5) in paragraphs (1) and (2)(A), by striking 

4 ‘‘is’’ each place it appears and inserting ‘‘are’’; 

5 (6) in paragraph (3)— 

6 (A) by striking ‘‘The authority of this sec7 tion may not be used to acquire equipment in 

8 an amount aggregating more than 

9 $100,000,000 during any fiscal year.’’; and 

10 (B) by inserting ‘‘in an amount aggre11 gating no more than $200,000,000’’ after ‘‘for 

12 that fiscal year’’; 

13 (7) in paragraph (4), by striking ‘‘Each such 

14 notice’’ and inserting ‘‘For each such determination, 

15 the notice under the preceding sentence’’; and 

16 (8) in paragraph (5), by striking ‘‘that equip17 ment’’ and inserting ‘‘those supplies’’. 

18 (d) WAIVER OF CERTAIN STATUES AND REGULA19 TIONS.—Subsection (d)(1) of such section is amended by 

20 striking ‘‘equipment’’ in subparagraphs (A), (B), and (C) 

21 and inserting ‘‘supplies’’. 

22 (e) TESTING REQUIREMENT.—Subsection (e) of such 

23 section is amended— 

24 (1) in paragraph (1)— 


smartinez on DSKB9S0YB1PROD with BILLS
393 

HR 5136 PCS1S 

1 (A) by striking ‘‘an item’’ in the matter 

2 preceding subparagraph (A) and inserting ‘‘the 

3 supplies’’; and 

4 (B) in subparagraph (B), by striking ‘‘of 

5 the item’’ and all that follows through ‘‘require6 ments document’’ and inserting ‘‘of the supplies 

7 in meeting the original requirements for the 

8 supplies (as stated in a statement of the urgent 

9 operational need’’; 

10 (2) in paragraph (2)— 

11 (A) by striking ‘‘an item’’ and inserting 

12 ‘‘supplies’’; and 

13 (B) by striking ‘‘the item’’ and inserting 

14 ‘‘the supplies’’; and 

15 (3) in paragraph (3)— 

16 (A) by striking ‘‘If items’’ and inserting 

17 ‘‘If the supplies’’; and 

18 (B) by striking ‘‘items’’ each place it ap19 pears and inserting ‘‘supplies’’. 

20 (f) LIMITATION.—Subsection (f) of such section is 

21 amended to read as follows: 

22 ‘‘(f) LIMITATION.—In the case of supplies that are 

23 part of a major system for which a low-rate initial produc24 tion quantity determination has been made pursuant to 

25 section 2400 of title 10, United States Code, the quantity 


smartinez on DSKB9S0YB1PROD with BILLS
394 

HR 5136 PCS1S 

1 of such supplies acquired using the procedures prescribed 

2 pursuant to this section may not exceed an amount con3 sistent with complying with limitations on the quantity of 

4 articles approved for low-rate initial production for such 

5 system. Any such supplies shall be included in any relevant 

6 calculation of quantities for low-rate initial production for 

7 the system concerned.’’. 

8 SEC. 805. PROHIBITION ON CONTRACTS WITH ENTITIES EN9 GAGING IN COMMERCIAL ACTIVITY IN THE 

10 ENERGY SECTOR OF IRAN. 

11 (a) PROHIBITION ON CONTRACTS.— 

12 (1) PROHIBITION.—The Secretary of Defense, 

13 beginning 90 days after the date of the enactment 

14 of this Act, may not enter into any contract with— 

15 (A) an entity that engages in commercial 

16 activity in the energy sector of Iran; or 

17 (B) a successor entity to the entity de18 scribed in subparagraph (A). 

19 (2) DEFINITION.—For purposes of this sub20 section, an entity engages in commercial activity in 

21 the energy sector of Iran if the entity, when entering 

22 into a contract with the Department of Defense for 

23 goods and services, fails to certify to the contracting 

24 officer that the entity does not engage in an activity 

25 for which sanctions may be imposed under section 


smartinez on DSKB9S0YB1PROD with BILLS
395 

HR 5136 PCS1S 

1 5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 

2 1701 note). 

3 (b) REMEDIES.— 

4 (1) IN GENERAL.—If the Secretary of Defense, 

5 in consultation with the Secretary of State, deter6 mines that an entity has submitted a false certifi7 cation under subsection (a)(2), the Secretary of De8 fense may terminate a contract with such entity or 

9 debar or suspend such entity from eligibility for De10 partment of Defense contracts for a period of not 

11 more than three years. Any such debarment or sus12 pension shall be subject to the procedures that apply 

13 to debarment and suspension under the Federal Ac14 quisition Regulation under subpart 9.4 of part 9 of 

15 title 48, Code of Federal Regulations. 

16 (2) INCLUSION ON LIST OF PARTIES EXCLUDED

17 FROM FEDERAL PROCUREMENT AND NONPROCURE18 MENT PROGRAMS.—The Administrator of General 

19 Services shall include on the List of Parties Ex20 cluded from Federal Procurement and Nonprocure21 ment Programs maintained by the Administrator 

22 under part 9 of the Federal Acquisition Regulation 

23 issued pursuant to section 25 of the Office of Fed24 eral Procurement Policy Act (41 U.S.C. 421) each 

25 entity that is debarred, suspended, or proposed for 


smartinez on DSKB9S0YB1PROD with BILLS
396 

HR 5136 PCS1S 

1 debarment or suspension by the Secretary on the 

2 basis of a determination of a false certification 

3 under paragraph (1). 

4 (c) WAIVERS.— 

5 (1) AUTHORITY.—The Secretary of Defense 

6 may on a case by-case basis waive the requirement 

7 that an entity make a certification under subsection 

8 (a)(2) if the Secretary determines that it is in the 

9 interest of national security to do so. 

10 (2) CONTENTS OF CERTIFICATION.—Upon 

11 issuing a waiver under paragraph (1) with respect to 

12 an entity, the Secretary of Defense shall submit to 

13 the Committees on Armed Services of the Senate 

14 and House of Representatives, the Committee on 

15 Foreign Relations of the Senate, and the Committee 

16 on Foreign Affairs of the House of Representatives 

17 a notification that identifies the entity involved, the 

18 nature of the contract, and the rationale for issuing 

19 the waiver. 


smartinez on DSKB9S0YB1PROD with BILLS
397 

HR 5136 PCS1S 

1 Subtitle B—Amendments to Gen2 eral Contracting Authorities, 

3 Procedures, and Limitations 

4 SEC. 811. EXTENSION OF AUTHORITY TO PROCURE CER5 TAIN FIBERS; LIMITATION ON SPECIFICA6 TION. 

7 (a) EXTENSION.—Section 829 of the National De8 fense Authorization Act for Fiscal Year 2008 (Public Law 

9 110–181; 122 Stat. 229; 10 U.S.C. 2533a note) is amend10 ed in subsection (f) by striking ‘‘on the date that is five 

11 years after the date of the enactment of this Act’’ and 

12 inserting ‘‘on January 1, 2021’’. 

13 (b) PROHIBITION ON SPECIFICATION IN SOLICITA14 TIONS.—No solicitation issued before January 1, 2021, by 

15 the Department of Defense may include a requirement 

16 that proposals submitted pursuant to such solicitation 

17 must include the use of fire resistant rayon fiber. 

18 SEC. 812. SMALL ARMS PRODUCTION INDUSTRIAL BASE 

19 MATTERS. 

20 Section 2473 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (b), by striking ‘‘subsection 

23 (d)’’ and inserting ‘‘subsection (c)’’; 

24 (2) by striking subsection (c); 


smartinez on DSKB9S0YB1PROD with BILLS
398 

HR 5136 PCS1S 

1 (3) by redesignating subsections (d) and (e) as 

2 subsections (c) and (d), respectively; and 

3 (4) by adding at the end the following new sub4 section (e): 

5 ‘‘(e) COMPETITIVE PROCEDURES.—If the Secretary 

6 determines under subsection (a) that the requirement to 

7 procure property or services described in subsection (b) 

8 for the Department of Defense from a firm in the small 

9 arms production industrial base is not necessary to pre10 serve such industrial base, any such procurement shall be 

11 awarded through the use of competitive procedures that 

12 afford such industrial base a fair opportunity to be consid13 ered for such procurement.’’. 

14 SEC. 813. ADDITIONAL DEFINITION RELATING TO PRODUC15 TION OF SPECIALTY METALS WITHIN THE 

16 UNITED STATES. 

17 Section 2533b(m) of title 10, United States Code, is 

18 amended by adding at the end the following new para19 graph: 

20 ‘‘(11) The term ‘produced’, as used in sub21 sections (a) and (b), means melted, or processed in 

22 a manner that results in physical or chemical prop23 erty changes that are the equivalent of melting. The 

24 term does not include finishing processes such as 


smartinez on DSKB9S0YB1PROD with BILLS
399 

HR 5136 PCS1S 

1 rolling, heat treatment, quenching, tempering, grind2 ing, or shaving.’’. 

3 Subtitle C—Studies and Reports 

4 SEC. 821. STUDIES TO ANALYZE ALTERNATIVE MODELS 

5 FOR ACQUISITION AND FUNDING OF TECH6 NOLOGIES SUPPORTING NETWORK-CENTRIC 

7 OPERATIONS. 

8 (a) STUDIES REQUIRED.— 

9 (1) INDEPENDENT STUDY.—Not later than 90 

10 days after the date of the enactment of this Act, the 

11 Secretary of Defense shall enter into a contract with 

12 an independent federally funded research and devel13 opment center to carry out a comprehensive study of 

14 policies, procedures, organization, and regulatory 

15 constraints affecting the acquisition of technologies 

16 supporting network-centric operations. The contract 

17 shall be funded from amounts appropriated pursuant 

18 to an authorization of appropriations in this Act or 

19 otherwise made available for fiscal year 2011 for op20 eration and maintenance for Defense-wide activities. 

21 (2) JOINT CHIEFS OF STAFF STUDY.—The 

22 Chairman of the Joint Chiefs of Staff shall carry out 

23 a comprehensive study of the same subjects covered 

24 by paragraph (1). The study shall be independent of 

25 the study required by paragraph (1) and shall be 


smartinez on DSKB9S0YB1PROD with BILLS
400 

HR 5136 PCS1S 

1 carried out in conjunction with the military depart2 ments and in coordination with the Secretary of De3 fense. 

4 (b) MATTERS TO BE ADDRESSED.—Each study re5 quired by subsection (a) shall address the following mat6 ters: 

7 (1) Development of a system for understanding 

8 the various foundational components that contribute 

9 to network-centric operations, such as data trans10 port, processing, storage, data collection, and dis11 semination of information. 

12 (2) Determining how acquisition and funding 

13 programs that are in place as of the date of the en14 actment of this Act relate to the system developed 

15 under paragraph (1). 

16 (3) Development of acquisition and funding 

17 models using the system developed under paragraph 

18 (1), including— 

19 (A) a model under which a joint entity 

20 independent of any military department (such 

21 as the Joint Staff) is established with responsi22 bility and control of all funding for the acquisi23 tion of technologies for network-centric oper24 ations, and with authority to oversee the incorVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
401 

HR 5136 PCS1S 

1 poration of such technologies into the acquisi2 tion programs of the military departments; 

3 (B) a model under which an executive 

4 agent is established to manage and oversee the 

5 acquisition of technologies for network-centric 

6 operations, but would not have exclusive control 

7 of the funding for such programs; 

8 (C) a model under which the acquisition 

9 and funding programs that are in place as of 

10 the date of the enactment of this Act are main11 tained; and 

12 (D) any other model that the entity car13 rying out the study considers relevant. 

14 (4) An analysis of each of the models developed 

15 under paragraph (3) with respect to potential bene16 fits in— 

17 (A) collecting, processing, and dissemi18 nating information; 

19 (B) network commonality; 

20 (C) common communications; 

21 (D) interoperability; 

22 (E) mission impact and success; and 

23 (F) cost-effectiveness. 

24 (5) An evaluation of each of the models devel25 oped under paragraph (3) with respect to feasibility, 


smartinez on DSKB9S0YB1PROD with BILLS
402 

HR 5136 PCS1S 

1 including identification of legal, policy, or regulatory 

2 barriers that may impede the implementation of 

3 such model. 

4 (c) REPORT REQUIRED.—Not later than September 

5 30, 2011, the Secretary of Defense shall submit to the 

6 congressional defense committees a report on the results 

7 of the studies required by subsection (a). The report shall 

8 include the findings and recommendations of the studies 

9 and any observations and comments that the Secretary 

10 considers appropriate. 

11 (d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 

12 this section, the term ‘‘network-centric operations’’ refers 

13 to the ability to exploit all human and technical elements 

14 of the Joint Force and mission partners through the full 

15 integration of collected information, awareness, knowl16 edge, experience, and decisionmaking, enabled by secure 

17 access and distribution, all to achieve agility and effective18 ness in a dispersed, decentralized, dynamic, or uncertain 

19 operational environment. 

20 SEC. 822. ANNUAL JOINT REPORT AND COMPTROLLER 

21 GENERAL REVIEW ON CONTRACTING IN IRAQ 

22 AND AFGHANISTAN. 

23 The National Defense Authorization Act for Fiscal 

24 Year 2008 (Public Law 110–181; 122 Stat. 258; 10 

25 U.S.C. 2302 note) is amended by adding at the end of 


smartinez on DSKB9S0YB1PROD with BILLS
403 

HR 5136 PCS1S 

1 subtitle F of title VIII the following new section (and con2 forming the table of sections for such subtitle at the begin3 ning of title VIII and at the beginning of such Act accord4 ingly): 

5 ‘‘SEC. 865. ANNUAL JOINT REPORT AND COMPTROLLER 

6 GENERAL REVIEW ON CONTRACTING IN IRAQ 

7 AND AFGHANISTAN. 

8 ‘‘(a) JOINT REPORT REQUIRED.— 

9 ‘‘(1) IN GENERAL.—Every 12 months, the Sec10 retary of Defense, the Secretary of State, and the 

11 Administrator of the United States Agency for 

12 International Development shall submit to the rel13 evant committees of Congress a joint report on con14 tracts in Iraq or Afghanistan. 

15 ‘‘(2) MATTERS COVERED.—A report under this 

16 subsection shall, at a minimum, cover— 

17 ‘‘(A) any significant developments or issues 

18 with respect to contracts in Iraq and Afghani19 stan during the reporting period; 

20 ‘‘(B) the plans of the departments and 

21 agency for strengthening interagency coordina22 tion of contracts in Iraq and Afghanistan or in 

23 future contingency operations, including plans 

24 related to the common databases identified 

25 under section 861(b)(4); 


smartinez on DSKB9S0YB1PROD with BILLS
404 

HR 5136 PCS1S 

1 ‘‘(C) the desirability and feasibility of in2 cluding in the common databases identified 

3 under section 861(b)(4) information about con4 tracts subject to the regulations required by 

5 section 839 of the National Defense Authoriza6 tion Act for Fiscal Year 2011 (providing for ex7 tending and applying the requirements of sec8 tion 862 to additional areas designated or listed 

9 in that section 839); and 

10 ‘‘(D) the penalties, if any, imposed by the 

11 departments and agency on contractors for fail12 ing to comply with requirements under section 

13 861(e), including requirements to provide infor14 mation for the common databases identified 

15 under section 861(b)(4). 

16 ‘‘(3) REPORTING PERIOD.—A report under this 

17 subsection shall cover a period of not less than 12 

18 months. 

19 ‘‘(4) SUBMISSION OF REPORTS.—The Secre20 taries and the Administrator shall submit an initial 

21 report under this subsection not later than February 

22 1, 2011, and shall submit an updated report by Feb23 ruary 1 of every year thereafter until February 1, 

24 2013. If the total annual amount of obligations for 

25 contracts in Iraq and Afghanistan combined is less 


smartinez on DSKB9S0YB1PROD with BILLS
405 

HR 5136 PCS1S 

1 than $250 million for the reporting period, for the 

2 departments and agency combined, the Secretaries 

3 and the Administrator may submit a letter docu4 menting this in place of a report. 

5 ‘‘(b) COMPTROLLER GENERAL REVIEW AND RE6 PORT.— 

7 ‘‘(1) IN GENERAL.—Within 180 days after sub8 mission of each annual joint report required under 

9 subsection (a), but in no case later than August 5 

10 of each year until 2013, the Comptroller General 

11 shall review the joint report and interagency coordi12 nation of contracting in Iraq and Afghanistan and 

13 submit to the relevant committees of Congress a re14 port on such review. 

15 ‘‘(2) MATTERS COVERED.—A report under this 

16 subsection shall, at minimum— 

17 ‘‘(A) review how the Department of De18 fense, the Department of State, and the United 

19 States Agency for International Development 

20 are using the data contained in the common 

21 databases identified under section 861(b)(4) in 

22 managing, overseeing, and coordinating con23 tracting in Iraq and Afghanistan; and 

24 ‘‘(B) assess the plans of the departments 

25 and agency for strengthening interagency coVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
406 

HR 5136 PCS1S 

1 ordination of contracts in Iraq and Afghanistan 

2 or in future contingency operations, particularly 

3 any plans related to the common databases 

4 identified under section 861(b)(4). 

5 ‘‘(3) ACCESS TO DATABASES AND OTHER IN6 FORMATION.—The Secretary of Defense, the Sec7 retary of State, and the Administrator of the United 

8 States Agency for International Development shall 

9 provide to the Comptroller General full access to in10 formation on contracts in Iraq and Afghanistan for 

11 the purposes of the review carried out under this 

12 subsection, including the common databases identi13 fied under section 861(b)(4).’’. 

14 SEC. 823. EXTENSION OF COMPTROLLER GENERAL REVIEW 

15 AND REPORT ON CONTRACTING IN IRAQ AND 

16 AFGHANISTAN. 

17 Section 863 of the National Defense Authorization 

18 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

19 258; 10 U.S.C. 2302 note) is amended by striking ‘‘2010’’ 

20 in subsection (a)(3) and inserting ‘‘2011’’. 

21 SEC. 824. INTERIM REPORT ON REVIEW OF IMPACT OF COV22 ERED SUBSIDIES ON ACQUISITION OF KC–45 

23 AIRCRAFT. 

24 (a) INTERIM REPORT.—The Secretary of Defense 

25 shall submit to the congressional defense committees an 


smartinez on DSKB9S0YB1PROD with BILLS
407 

HR 5136 PCS1S 

1 interim report on any review of a covered subsidy initiated 

2 pursuant to subsection (a) of section 886 of the Duncan 

3 Hunter National Defense Authorization Act for Fiscal 

4 Year 2009 (Public Law 110–417; 122 Stat. 4561) not 

5 later than 60 days after the date of the initiation of the 

6 review. 

7 (b) REPORT CONTENTS.—The report required by 

8 subsection (a) shall contain detailed findings relating to 

9 the impact of the covered subsidy that led to the initiation 

10 of the review on the source selection process for the KC– 

11 45 Aerial Refueling Aircraft Program or any successor to 

12 such program and whether the covered subsidy would pro13 vide an unfair competitive advantage to any bidder in the 

14 source selection process. 

15 SEC. 825. REPORTS ON JOINT CAPABILITIES INTEGRATION 

16 AND DEVELOPMENT SYSTEM. 

17 (a) INDEPENDENT ANALYSES.— 

18 (1) IN GENERAL.—A comprehensive analysis of 

19 the Joint Capabilities Integration and Development 

20 System shall be independently performed by each of 

21 the following: 

22 (A) The Secretary of Defense. 

23 (B) A federally funded research and devel24 opment center selected by the Secretary of De25 fense. 


smartinez on DSKB9S0YB1PROD with BILLS
408 

HR 5136 PCS1S 

1 (2) MATTERS COVERED.—Each such analysis 

2 shall— 

3 (A) evaluate the entire Joint Capabilities 

4 Integration and Development System and the 

5 problems associated with it, with particular em6 phasis on the problems relating to the length of 

7 time and the costs involved in identifying, as8 sessing, and validating joint military capability 

9 needs; and 

10 (B) identify the best solutions to the prob11 lems evaluated under subparagraph (A) and de12 velop recommendations to carry out those solu13 tions. 

14 (3) REPORTS.—Not later than 6 months after 

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

16 of Defense shall submit to the Committees on Armed 

17 Services of the Senate and the House of Representa18 tives— 

19 (A) a report by the Secretary on the anal20 ysis performed by the Secretary under para21 graph (1), with particular emphasis on contin22 uous process improvement; and 

23 (B) a report by the federally funded re24 search and development center selected under 

25 paragraph (1)(B) on the analysis performed by 


smartinez on DSKB9S0YB1PROD with BILLS
409 

HR 5136 PCS1S 

1 the center under paragraph (1), together with 

2 such comments as the Secretary considers nec3 essary on the report. 

4 (b) IMPLEMENTATION.— 

5 (1) IN GENERAL.—Not later than one year 

6 after the date of the enactment of this Act, the Sec7 retary of Defense— 

8 (A) shall develop and begin implementing a 

9 plan to address the problems with the Joint Ca10 pabilities Integration and Development System, 

11 taking into account the recommendations devel12 oped in the analyses required under subsection 

13 (a) and as part of a program to manage per14 formance in establishing joint military require15 ments; and 

16 (B) shall submit to the Committees on 

17 Armed Services of the Senate and the House of 

18 Representatives a report on the plan, including, 

19 at a minimum, a timeline, objectives, mile20 stones, and projected resource requirements. 

21 (2) REPORT FORMAT.—The report required 

22 under paragraph (1)(B) may be included as part of 

23 any report relating to a program to manage per24 formance in establishing joint military requirements. 


smartinez on DSKB9S0YB1PROD with BILLS
410 

HR 5136 PCS1S 

1 Subtitle D—Other Matters 

2 SEC. 831. EXTENSION OF AUTHORITY FOR DEFENSE ACQUI3 SITION CHALLENGE PROGRAM. 

4 Section 2359b(k) of title 10, United States Code, is 

5 amended by striking ‘‘2012’’ and inserting ‘‘2017’’. 

6 SEC. 832. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

7 (a) COMPETITION REQUIREMENTS FOR TASK OR DE8 LIVERY ORDERS UNDER ENERGY SAVINGS PERFORM9 ANCE CONTRACTS.—Section 801 of the National Energy 

10 Conservation Policy Act (42 U.S.C. 8287) is amended by 

11 adding at the end the following: 

12 ‘‘(c) TASK OR DELIVERY ORDERS.—(1) The head of 

13 a Federal agency may issue a task or delivery order under 

14 an energy savings performance contract by— 

15 ‘‘(A) notifying all contractors that have received 

16 an award under such contract that the agency pro17 poses to discuss energy savings performance services 

18 for some or all of its facilities and, following a rea19 sonable period of time to provide a proposal in re20 sponse to the notice, soliciting from such contractors 

21 the submission of expressions of interest in, and con22 tractor qualifications for, performing site surveys or 

23 investigations and feasibility designs and studies, 

24 and including in the notice summary information 

25 concerning energy use for any facilities that the 


smartinez on DSKB9S0YB1PROD with BILLS
411 

HR 5136 PCS1S 

1 agency has specific interest in including in such task 

2 or delivery order; 

3 ‘‘(B) reviewing all expressions of interest and 

4 qualifications submitted pursuant to the notice 

5 under subparagraph (A); 

6 ‘‘(C) selecting two or more contractors (from 

7 among those reviewed under subparagraph (B)) to 

8 conduct discussions concerning the contractors’ re9 spective qualifications to implement potential energy 

10 conservation measures, including— 

11 ‘‘(i) requesting references and specific de12 tailed examples with respect to similar efforts 

13 and the resulting energy savings of such similar 

14 efforts; and 

15 ‘‘(ii) requesting an explanation of how such 

16 similar efforts relate to the scope and content 

17 of the task or delivery order concerned; 

18 ‘‘(D) selecting and authorizing— 

19 ‘‘(i) more than one contractor (from 

20 among those selected under subparagraph (C)) 

21 to conduct site surveys, investigations, feasi22 bility designs and studies or similar assess23 ments for the energy savings performance con24 tract services (or for discrete portions of such 

25 services), for the purpose of allowing each such 


smartinez on DSKB9S0YB1PROD with BILLS
412 

HR 5136 PCS1S 

1 contractor to submit a firm, fixed-price proposal 

2 to implement specific energy conservation meas3 ures; or 

4 ‘‘(ii) one contractor (from among those se5 lected under subparagraph (C)) to conduct a 

6 site survey, investigation, a feasibility design 

7 and study or similar assessment for the purpose 

8 of allowing the contractor to submit a firm, 

9 fixed-price proposal to implement specific en10 ergy conservation measures; 

11 ‘‘(E) providing a debriefing to any contractor 

12 not selected under subparagraph (D); 

13 ‘‘(F) negotiating a task or delivery order for en14 ergy savings performance contracting services with 

15 the contractor or contractors selected under sub16 paragraph (D) based on the energy conservation 

17 measures identified; and 

18 ‘‘(G) issuing a task or delivery order for energy 

19 savings performance contracting services to such 

20 contractor or contractors. 

21 ‘‘(2) The issuance of a task or delivery order for en22 ergy savings performance contracting services pursuant to 

23 paragraph (1) is deemed to satisfy the task and delivery 

24 order competition requirements in section 2304c(d) of title 

25 10, United States Code, and section 303J(d) of the FedVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
413 

HR 5136 PCS1S 

1 eral Property and Administrative Services Act of 1949 (41 

2 U.S.C. 253j(d)). 

3 ‘‘(3) The Secretary may issue guidance as necessary 

4 to agencies issuing task or delivery orders pursuant to 

5 paragraph (1).’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) is inapplicable to task or delivery orders 

8 issued before the date of enactment of this Act. 

9 SEC. 833. CONSIDERATION OF SUSTAINABLE PRACTICES IN 

10 PROCUREMENT OF PRODUCTS AND SERV11 ICES. 

12 (a) CONSIDERATION OF SUSTAINABLE PRACTICES.— 

13 (1) IN GENERAL.—The Secretary of Defense 

14 shall develop and issue guidance directing the Sec15 retary of each military department and the head of 

16 each defense agency to consider sustainable practices 

17 in the procurement of products and services. Such 

18 guidance shall ensure that strategies for acquiring 

19 products or services to meet departmental or agency 

20 performance requirements favor products or services 

21 described in paragraph (2) if such products or serv22 ices can be acquired on a life cycle cost-neutral 

23 basis. 

24 (2) PRODUCTS OR SERVICES.—A product or 

25 service described in this paragraph is a product or 


smartinez on DSKB9S0YB1PROD with BILLS
414 

HR 5136 PCS1S 

1 service that is energy-efficient, water-efficient, 

2 biobased, environmentally preferable, non-ozone-de3 pleting, contains recycled content, is non-toxic, or is 

4 less toxic than alternative products or services. 

5 (b) EXCEPTION.—Subsection (a) does not apply to 

6 the acquisition of weapon systems or components of weap7 on systems. 

8 SEC. 834. DEFINITION OF MATERIALS CRITICAL TO NA9 TIONAL SECURITY. 

10 Section 187 of title 10, United States Code, is 

11 amended by adding at the end the following new sub12 section: 

13 ‘‘(e) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘materials critical to national se15 curity’ means materials— 

16 ‘‘(A) upon which the production or 

17 sustainment of military equipment is depend18 ent; and 

19 ‘‘(B) the supply of which could be re20 stricted by actions or events outside the control 

21 of the Government of the United States. 

22 ‘‘(2) The term ‘military equipment’ means 

23 equipment used directly by the armed forces to carry 

24 out military operations.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
415 

HR 5136 PCS1S 

1 SEC. 835. DETERMINATION OF STRATEGIC OR CRITICAL 

2 RARE EARTH MATERIALS FOR DEFENSE AP3 PLICATIONS. 

4 (a) ASSESSMENT REQUIRED.—The Secretary of De5 fense shall undertake an assessment of the supply chain 

6 for rare earth materials and determine which, if any, rare 

7 earth materials are strategic materials and which rare 

8 earth materials are materials critical to national security. 

9 For the purposes of the assessment— 

10 (1) the Secretary may consider the views of 

11 other Federal agencies, as appropriate; 

12 (2) any study conducted by the Director, Indus13 trial Policy during fiscal year 2010 may be consid14 ered as partial fulfillment of the requirements of this 

15 section; 

16 (3) any study conducted by the Comptroller 

17 General of the United States during fiscal year 2010 

18 may be considered as partial fulfillment of the re19 quirements of this section; and 

20 (4) the Secretary shall consider the sources of 

21 rare earth materials (both in terms of source nations 

22 and number of vendors) including rare earth ele23 ments, rare earth metals, rare earth magnets, and 

24 other components containing rare earths. 

25 (b) PLAN.—In the event that the Secretary deter26 mines that a rare earth material is a strategic material 


smartinez on DSKB9S0YB1PROD with BILLS
416 

HR 5136 PCS1S 

1 or a material critical to national security, the Secretary 

2 shall develop a plan to ensure the long-term availability 

3 of such rare earth material, with a goal of establishing 

4 domestic sources of such material by December 31, 2015. 

5 In developing the plan, the Secretary shall consider all rel6 evant components of the value-chain, including mining, 

7 processing, refining, and manufacturing. The plan shall 

8 include consideration of numerous options with respect to 

9 the material, including— 

10 (1) an assessment of including the material in 

11 the National Defense Stockpile; 

12 (2) in consultation with the United States 

13 Trade Representative, the identification of any trade 

14 practices known to the Secretary that limit the Sec15 retary’s ability to ensure the long-term availability of 

16 such material or the ability to meet the goal of es17 tablishing domestic sources of such material by De18 cember 31, 2015; 

19 (3) an assessment of the availability of financ20 ing to industry, academic institutions, or not-for21 profit entities to provide the capacity required to en22 sure the availability of the material and potential 

23 mechanisms to increase the availability of such fi24 nancing; 


smartinez on DSKB9S0YB1PROD with BILLS
417 

HR 5136 PCS1S 

1 (4) the benefits, if any, of Defense Production 

2 Act funding to support the establishment of a do3 mestic rare earth manufacturing capability for mili4 tary components; 

5 (5) funding for research and development of 

6 any aspect of the rare earth supply-chain; 

7 (6) any other risk mitigation method deter8 mined appropriate by the Secretary that is con9 sistent with the goal of establishing domestic sources 

10 by December 31, 2015; and 

11 (7) for components of the rare earth material 

12 supply-chain for which no other risk mitigation 

13 method, in accordance with paragraphs (1) through 

14 (6), will ensure the establishment of a domestic 

15 source by December 31, 2015, a specific plan to 

16 eliminate supply-chain vulnerability by the earliest 

17 date practicable. 

18 (c) REPORT.— 

19 (1) REQUIREMENT.—Not later than 180 days 

20 after the date of the enactment of this Act, the Sec21 retary of Defense shall submit to the congressional 

22 committees described in paragraph (2) a report con23 taining the findings of the assessment under sub24 section (a) and the plan (if any) developed under 

25 subsection (b). 


smartinez on DSKB9S0YB1PROD with BILLS
418 

HR 5136 PCS1S 

1 (2) CONGRESSIONAL COMMITTEES.—The con2 gressional committees described in this paragraph 

3 are as follows: 

4 (A) The congressional defense committees. 

5 (B) The Committee on Financial Services 

6 and the Committee on Ways and Means of the 

7 House of Representatives. 

8 (C) The Committee on Finance and the 

9 Committee on Banking, Housing, and Urban 

10 Affairs of the Senate. 

11 (d) DEFINITIONS.—In this section: 

12 (1) STRATEGIC MATERIAL.—The term ‘‘stra13 tegic material’’ means a material— 

14 (A) which is essential for military equip15 ment; 

16 (B) which is unique in the function it per17 forms; and 

18 (C) for which there are no viable alter19 natives. 

20 (2) MATERIALS CRITICAL TO NATIONAL SECU21 RITY.—The term ‘‘materials critical to national secu22 rity’’ has the meaning provided by section 187(e) of 

23 title 10, United States Code, as amended by section 

24 827 of this Act. 


smartinez on DSKB9S0YB1PROD with BILLS
419 

HR 5136 PCS1S 

1 SEC. 836. REVIEW OF NATIONAL SECURITY EXCEPTION TO 

2 COMPETITION. 

3 (a) REVIEW REQUIRED.—The Secretary of Defense 

4 shall review the implementation by the Department of De5 fense of the national security exception to full and open 

6 competition provided in section 2304(c)(6) of title 10, 

7 United States Code. 

8 (b) MATTERS REVIEWED.—The review of the imple9 mentation of the national security exception required by 

10 subsection (a) shall include— 

11 (1) the pattern of usage of such exception by 

12 acquisition organizations within the Department to 

13 determine which organizations are commonly using 

14 the exception and the frequency of such usage; 

15 (2) the range of items or services being ac16 quired through the use of such exception; 

17 (3) the process for reviewing and approving jus18 tifications involving such exception; 

19 (4) whether the justifications for use of such 

20 exception typically meet the relevant requirements of 

21 the Federal Acquisition Regulation applicable to the 

22 use of such exception; 

23 (5) issues associated with follow-on procure24 ments for items or services acquired using such ex25 ception; and 


smartinez on DSKB9S0YB1PROD with BILLS
420 

HR 5136 PCS1S 

1 (6) potential additional instances where such 

2 exception could be applied and any authorities avail3 able to the Department of Defense other than such 

4 exception that could be applied in such instances. 

5 (c) REPORT.—Not later than 270 days after the date 

6 of the enactment of this Act, the Secretary of Defense 

7 shall submit to the Committees on Armed Services of the 

8 Senate and of the House of Representatives a report on 

9 the review required by subsection (a), including a discus10 sion of each of the matters specified in subsection (b). The 

11 report shall include any recommendations relating to the 

12 matters reviewed that the Secretary considers appropriate. 

13 The report shall be submitted in unclassified form but 

14 may include a classified annex. 

15 (d) REGULATIONS.— 

16 (1) REQUIREMENT.—Not later than 270 days 

17 after the date of the enactment of this Act, the Sec18 retary of Defense shall submit to the congressional 

19 committees described in paragraph (2) draft regula20 tions on the implementation of the national security 

21 exception to full and open competition provided in 

22 section 2304(c)(6) of title 10, United States Code, 

23 taking into account the results of the review re24 quired by subsection (a). 


smartinez on DSKB9S0YB1PROD with BILLS
421 

HR 5136 PCS1S 

1 (2) CONGRESSIONAL COMMITTEES.—The con2 gressional committees described in this paragraph 

3 are the following: 

4 (A) The Committee on Armed Services and 

5 the Committee on Homeland Security and Gov6 ernmental Affairs of the Senate. 

7 (B) The Committee on Armed Services and 

8 the Committee on Oversight and Government 

9 Reform of the House of Representatives. 

10 SEC. 837. INCLUSION OF BRIBERY IN DISCLOSURE RE11 QUIREMENTS OF THE FEDERAL AWARDEE 

12 PERFORMANCE AND INTEGRITY INFORMA13 TION SYSTEM. 

14 (a) INCLUSION OF BRIBERY IN DISCLOSURE RE15 QUIREMENTS.—Section 872(c) of the Duncan Hunter Na16 tional Defense Authorization Act for Fiscal Year 2009 

17 (Public Law 110–417; 122 Stat. 4556) is amended by 

18 adding at the end the following new paragraph: 

19 ‘‘(8) To the maximum extent practical, informa20 tion similar to the information covered by paragraph 

21 (1) in connection with any law relating to bribery of 

22 a country which is a signatory of the Convention on 

23 Combating Bribery of Foreign Public Officials in 

24 International Business Transactions, signed at Paris 

25 on December 17, 1997.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
422 

HR 5136 PCS1S 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall take effect not later than 90 days after 

3 the date of the enactment of this Act. 

4 SEC. 838. REQUIREMENT FOR ENTITIES WITH FACILITY 

5 CLEARANCES THAT ARE NOT UNDER FOR6 EIGN OWNERSHIP CONTROL OR INFLUENCE 

7 MITIGATION. 

8 (a) REQUIREMENT.—The Secretary of Defense shall 

9 require the directors of a covered entity to establish a gov10 ernment security committee that shall ensure that the cov11 ered entity employs and maintains policies and procedures 

12 that meet requirements under the national industrial secu13 rity program. 

14 (b) COVERED ENTITY.—A covered entity under this 

15 section is an entity— 

16 (1) to which the Department of Defense has 

17 granted a facility clearance; 

18 (2) that is not subject to foreign ownership con19 trol or influence mitigation measures; and 

20 (3) that is a corporation. 

21 (c) DISCRETIONARY REQUIREMENT.—The Secretary 

22 of Defense may require that the requirement in subsection 

23 (a) apply to an entity that meets the elements described 

24 in paragraphs (1) and (2) of subsection (b) and is a lim25 ited liability company, sole proprietorship, nonprofit corVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
423 

HR 5136 PCS1S 

1 poration, partnership, academic institution, or any other 

2 entity holding a facility clearance. 

3 (d) GUIDANCE.—The Secretary of Defense shall de4 velop implementing guidance for the requirement in sub5 section (a). 

6 (e) GOVERNMENT SECURITY COMMITTEE.—For the 

7 purposes of this section, a government security committee 

8 is a subcommittee of a covered entity’s board of directors, 

9 made up of resident United States citizens, that is respon10 sible for ensuring that the covered entity complies with 

11 the requirements of the national industrial security pro12 gram. 

13 SEC. 839. REPORT RELATED TO MINORITY-OWNED, WOMEN14 OWNED, AND DISADVANTAGED-OWNED 

15 SMALL BUSINESSES. 

16 Not later than December 1, 2010, the Secretary of 

17 Defense shall provide to the Congressional Black Caucus 

18 a report that includes a list of minority-owned, women19 owned, and disadvantaged-owned small businesses that re20 ceive contracts resulting from authorized funding to the 

21 Department of Defense. The list shall cover the 10 cal22 endar years preceding the date of the enactment of this 

23 Act and shall include, for each listed business, the name 

24 of the business and the business owner and the amount 

25 of the contract award. 


smartinez on DSKB9S0YB1PROD with BILLS
424 

HR 5136 PCS1S 

1 SEC. 840. DEFENSE INDUSTRIAL BASE PRIORITY FOR RARE 

2 EARTH NEODYMIUM IRON BORON MAGNETS. 

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

4 (1) There is an urgent need to restore the 

5 United States capability to manufacture sintered ne6 odymium iron boron magnets for use in defense ap7 plications and there is an urgent need to eliminate 

8 the domestic supply-chain vulnerability related to 

9 these key materials in the defense supply-chain. 

10 (2) An April 14, 2010 report by the Govern11 ment Accountability Office entitled ‘‘Rare Earth Ma12 terials in the Defense Supply Chain’’ dem13 onstrates— 

14 (A) the ‘‘United States is not currently 

15 producing neodymium iron boron magnets,’’ a 

16 key rare earth material; 

17 (B) that future availability of neodymium 

18 is largely controlled by Chinese suppliers; 

19 (C) that alternatives to rare earth mate20 rials could reduce the demand and dependence 

21 on rare earth materials in 10 to 15 years, but 

22 these materials might not meet current applica23 tion requirements; 

24 (D) where rare earth materials are used in 

25 defense systems, the materials are responsible 

26 for the functionality of the component and 


smartinez on DSKB9S0YB1PROD with BILLS
425 

HR 5136 PCS1S 

1 would be difficult to replace without losing per2 formance; 

3 (E) fin actuators used in precision-guided 

4 munitions are specifically designed around the 

5 capabilities of neodymium iron boron rare earth 

6 magnets, which are primarily available from 

7 Chinese suppliers; 

8 (F) the DDG–51 Hybrid Electric Drive 

9 Ship Program uses permanent-magnet motors 

10 using neodymium magnets from China; and 

11 (G) future generations of some defense 

12 system components, such as transmit and re13 ceive modules for radars, will continue to de14 pend on rare earth materials. 

15 (3) The United States has the technological ca16 pability to restore its neodymium iron boron manu17 facturing capability. 

18 (4) Worldwide supplies or rare earth materials, 

19 including neodymium, are expected to tighten signifi20 cantly within the next 3–5 years. 

21 (5) A domestic effort to restore domestic sin22 tered neodymium iron boron magnet manufacturing 

23 capability, including efforts to qualify those magnets 

24 for use in defense applications, will take between 3– 


smartinez on DSKB9S0YB1PROD with BILLS
426 

HR 5136 PCS1S 

1 5 years and should begin immediately to avoid fu2 ture weapon system delivery disruption. 

3 (b) REQUIREMENT.—Not later than 90 days after the 

4 date of the enactment of this Act, the Secretary shall sub5 mit to the Committees on Armed Services of the House 

6 of Representatives and the Senate a plan to establish a 

7 domestic source of sintered neodymium iron boron 

8 magnets for use in the defense supply chain. 

9 (c) SINTERED NEODYMIUM IRON BORON

10 MAGNETS.—For the purposes of subsection (b), the capa11 bility to manufacture sintered neodymium iron boron 

12 magnets includes the alloying, pressing, and sintering of 

13 magnet materials. It does not include manufacturing 

14 magnets from standard shapes or imported blocks of neo15 dymium. The Secretary’s plan shall not allow the grinding 

16 or reprocessing of neodymium to be considered a ‘‘domes17 tic source of sintered neodymium iron boron magnets’’. 

18 SEC. 841. SENSE OF CONGRESS REGARDING COST SAVINGS 

19 THROUGH REDUCTIONS IN WASTE, FRAUD, 

20 AND ABUSE. 

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

22 (1) The Secretary of Defense has undertaken 

23 meaningful efforts to eliminate waste, fraud, and 

24 abuse through contractor oversight and new policies 


smartinez on DSKB9S0YB1PROD with BILLS
427 

HR 5136 PCS1S 

1 and procedures aimed at increasing emphasis on eth2 ics, governance, and fraud prevention. 

3 (2) The Government Accountability Office re4 port dated December 16, 2009, on the status of 

5 3,099 recommendations made to the Department of 

6 Defense by the Government Accountability Office be7 tween 2001 and 2008, indicates that the Depart8 ment of Defense has implemented 1,871, or 61 per9 cent, of the recommendations. 

10 (3) The Government Accountability Office esti11 mates that the implementation of these rec12 ommendations yielded the Federal Government a 

13 savings of $89 billion from 2001 through 2007, 

14 averaging $12.7 billion in annual financial benefit. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) there is potential for additional and signifi18 cant cost savings through further reductions by the 

19 Secretary of Defense in waste, fraud, and abuse, 

20 particularly with regard to contracting processes; 

21 and 

22 (2) the Secretary of Defense should make im23 plementation of the remaining Government Account24 ability Office recommendations an utmost priority of 

25 the Department of Defense. 


smartinez on DSKB9S0YB1PROD with BILLS
428 

HR 5136 PCS1S 

1 SEC. 842. PROCUREMENT OF ARTICLES, MATERIALS, AND 

2 SUPPLIES FOR USE OUTSIDE THE UNITED 

3 STATES. 

4 (a) REQUIREMENT.—In procuring articles, materials, 

5 or supplies for use outside of the United States, including 

6 procurements for military construction projects, the De7 partment of Defense shall solicit bids from United States 

8 sources. 

9 (b) EXCEPTION.—Subsection (a) shall not apply if 

10 the articles, materials, or supplies to be procured are— 

11 (1) not mined, produced, or manufactured in 

12 the United States in sufficient and reasonably avail13 able quantities; 

14 (2) needed on an urgent basis and not acquired 

15 on a regular basis; or 

16 (3) perishable, or will otherwise degrade be17 cause of the time involved in shipping. 

18 SEC. 843. ADDITIONAL INFORMATION ON WAIVERS UNDER 

19 BUY AMERICAN ACT BY DEPARTMENT OF DE20 FENSE REQUIRED TO BE INCLUDED IN AN21 NUAL REPORT. 

22 Section 812 of the National Defense Authorization 

23 Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 

24 2501 note) is amended in subsection (c)(2)(A) by striking 

25 clause (vi) and inserting the following: 


smartinez on DSKB9S0YB1PROD with BILLS
429 

HR 5136 PCS1S 

1 ‘‘(v) An itemized list of all waivers granted 

2 with respect to such articles, materials, or sup3 plies under the Buy American Act (41 U.S.C. 

4 10a et seq.), including— 

5 ‘‘(I) an analysis of the domestic ca6 pacity to supply the articles, materials, or 

7 supplies; and 

8 ‘‘(II) an analysis of the reasons for an 

9 increase or decrease in the number of 

10 waivers granted from fiscal year to fiscal 

11 year.’’. 

12 SEC. 844. REQUIREMENT TO INCLUDE EFFECTS ON DOMES13 TIC JOBS IN PERIODIC ASSESSMENTS OF DE14 FENSE CAPABILITY. 

15 Section 2505(b)(4) of title 10, United States Code, 

16 is amended by inserting after ‘‘title)’’ the following: ‘‘, in17 cluding the effects on domestic jobs,’’. 

18 SEC. 845. EXTENSION OF REGULATIONS ON CONTRACTORS 

19 PERFORMING PRIVATE SECURITY FUNC20 TIONS. 

21 (a) EXTENSION OF REGULATIONS.— 

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

23 coordination with the Secretary of State, shall issue 

24 regulations to extend and apply the requirements of 

25 section 862 of the National Defense Authorization 


smartinez on DSKB9S0YB1PROD with BILLS
430 

HR 5136 PCS1S 

1 Act for Fiscal Year 2008 (Public Law 110–181; 10 

2 U.S.C. 2302 note) to additional areas as designated 

3 under paragraph (2) and as listed in paragraph (3). 

4 (2) ADDITIONAL AREAS DESIGNATED.—The 

5 Secretary of Defense shall designate as additional 

6 areas for purposes of this section any area— 

7 (A) that is an area within a foreign coun8 try or an area covering all or part of more than 

9 one foreign country; 

10 (B) that is not an area of combat oper11 ations as designated under subsection (c) of 

12 section 862 of such Act; and 

13 (C) in which significant military oper14 ations, as designated by the Secretary, are 

15 being carried out by United States Armed 

16 Forces. 

17 (3) ADDITIONAL AREAS LISTED.—In addition 

18 to any areas designated by the Secretary under 

19 paragraph (2), the following areas shall be consid20 ered additional areas listed in this paragraph for 

21 purposes of this section: 

22 (A) The Horn of Africa region. 

23 (B) Yemen. 

24 (C) The Philippines. 

25 (D) Haiti. 


smartinez on DSKB9S0YB1PROD with BILLS
431 

HR 5136 PCS1S 

1 (b) EXTENSION TIMELINES.—The Secretary shall 

2 prescribe regulations applicable to the additional areas— 

3 (1) designated under subsection (a)(2), not 

4 later than March 1, 2012; and 

5 (2) listed in subsection (a)(3), not later than 

6 March 1, 2011. 

7 (c) REPORT ON IMPLEMENTATION.—Not later than 

8 90 days after the dates specified in subsection (b), the 

9 Secretary of Defense, in coordination with the Secretary 

10 of State, shall submit to Congress a report on the imple11 mentation of the regulations prescribed under this section. 

12 The report shall include— 

13 (1) a complete list of additional areas des14 ignated by the Secretary under subsection (a)(2), 

15 and a detailed description of the criteria used to 

16 make the designation; 

17 (2) the total number of contractors performing 

18 private security functions in each additional area 

19 designated under subsection (a)(2) or listed in sub20 jection (a)(3); and 

21 (3) an assessment of the long-term options for 

22 reducing the use of contractors for private security 

23 functions, including the use of Government per24 sonnel to provide such functions. 


smartinez on DSKB9S0YB1PROD with BILLS
432 

HR 5136 PCS1S 

1 (d) PRIVATE SECURITY FUNCTIONS.—Notwith2 standing section 864 of the National Defense Authoriza3 tion Act for Fiscal Year 2008 (Public Law 110–181), as 

4 amended by section 813 of the National Defense Author5 ization Act for Fiscal Year 2010 (Public Law 111–84), 

6 in this section, the term ‘‘private security functions’’ 

7 means activities engaged in by a contractor as follows: 

8 (1) Guarding of personnel, facilities, or prop9 erty of a Federal agency. 

10 (2) Any other activity for which personnel are 

11 required to carry weapons in the performance of 

12 their duties. 

13 SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES. 

14 (a) CONTRACT REQUIREMENT.—The Secretary of 

15 Defense shall ensure that each contract awarded by the 

16 Department of Defense that includes the procurement of 

17 photovoltaic devices, including contracts described in sub18 section (b), includes a provision requiring the photovoltaic 

19 devices to comply with the Buy American Act (41 U.S.C. 

20 10a et seq.). 

21 (b) CONTRACTS DESCRIBED.—The contracts de22 scribed in this subsection include, but are not limited to, 

23 energy savings performance contracts, utility service con24 tracts, land leases, and private housing contracts. 


smartinez on DSKB9S0YB1PROD with BILLS
433 

HR 5136 PCS1S 

1 (c) DEFINITION OF PHOTOVOLTAIC DEVICES.—In 

2 this section, the term ‘‘photovoltaic devices’’ means devices 

3 that convert light directly into electricity through a solid4 state, semiconductor process. 

5 SEC. 847. REQUIREMENT FOR CONTRACTS IN IRAQ AND AF6 GHANISTAN TO USE EMPLOYEES AND NOT 

7 INDEPENDENT CONTRACTORS FOR PRIVATE 

8 SECURITY SERVICES. 

9 (a) REQUIREMENT.—Any contract in Iraq or Afghan10 istan for the procurement of private security services shall 

11 contain a requirement that, in the case of any contractor 

12 using individuals who are United States citizens and re13 quired to have a United States security clearance to per14 form private security services under the contract, the con15 tractor shall use employees and not independent contrac16 tors for the provision of such services. 

17 (b) CONTRACT IN IRAQ OR AFGHANISTAN.—In this 

18 section, the term ‘‘contract in Iraq or Afghanistan’’ means 

19 a contract with the Department of Defense, the Depart20 ment of State, or the United States Agency for Inter21 national Development, a subcontract at any tier issued 

22 under such a contract, or a task order or delivery order 

23 at any tier issued under such a contract (including a con24 tract, subcontract, or task order or delivery order issued 

25 by another Government agency for the Department of DeVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
434 

HR 5136 PCS1S 

1 fense, the Department of State, or the United States 

2 Agency for International Development), if the contract, 

3 subcontract, or task order or delivery order involves work 

4 performed in Iraq or Afghanistan for a period longer than 

5 14 days. 

6 (c) PRIVATE SECURITY SERVICES.—In this section, 

7 the term ‘‘private security services’’ means activities en8 gaged in by a contractor under a contract in Iraq or Af9 ghanistan and includes— 

10 (1) guarding of personnel, facilities, or property 

11 of a Federal agency, the contractor or subcontractor, 

12 or a third party; 

13 (2) any other activity for which personnel are 

14 required to carry weapons in the performance of 

15 their duties; and 

16 (3) training in any activity covered by para17 graph (1) or (2). 

18 (d) WAIVER AUTHORITY.—The Secretary of Defense, 

19 the Secretary of State, or the Administrator of the United 

20 States Agency for International Development may waive 

21 the requirement in subsection (a) with respect to a con22 tract of the Department of Defense, the Department of 

23 State, or the United States Agency for International De24 velopment, respectively, if the Secretary concerned or the 

25 Administrator— 


smartinez on DSKB9S0YB1PROD with BILLS
435 

HR 5136 PCS1S 

1 (1) determines in writing that a waiver is nec2 essary in the interests of national security; and 

3 (2) submits to Congress a notification of such 

4 waiver. 

5 SEC. 848. CONSIDERATION OF UNFAIR COMPETITIVE AD6 VANTAGE IN EVALUATION OF OFFERS FOR 

7 KC–X AERIAL REFUELING AIRCRAFT PRO8 GRAM. 

9 (a) REQUIREMENT TO CONSIDER UNFAIR COMPETI10 TIVE ADVANTAGE.—In awarding a contract for the KC– 

11 X aerial refueling aircraft program (or any successor to 

12 that program), the Secretary of Defense shall, in evalu13 ating any offers submitted to the Department of Defense 

14 in response to a solicitation for offers for such program, 

15 consider any unfair competitive advantage that an offeror 

16 may possess. 

17 (b) REPORT.—Not later than 60 days after submis18 sion of offers in response to any such solicitation, the Sec19 retary of Defense shall submit to the congressional defense 

20 committees a report on any unfair competitive advantage 

21 that any offeror may possess. 

22 (c) REQUIREMENT TO TAKE FINDINGS INTO AC23 COUNT IN AWARD OF CONTRACT.—In awarding a contract 

24 for the KC–X aerial refueling aircraft program (or any 

25 successor to that program), the Secretary of Defense shall 


smartinez on DSKB9S0YB1PROD with BILLS
436 

HR 5136 PCS1S 

1 take into account the findings of the report submitted 

2 under subsection (b). 

3 (d) UNFAIR COMPETITIVE ADVANTAGE.—In this sec4 tion, the term ‘‘unfair competitive advantage’’, with re5 spect to an offer for a contract, means a situation in which 

6 the cost of development, production, or manufacturing is 

7 not fully borne by the offeror for such contract. 

8 SEC. 849. DEBARMENT OF BP AND ITS SUBSIDIARIES. 

9 (a) CONTRACTS WITH BP AND ITS SUBSIDIARIES.— 

10 If the Secretary of Defense determines that BP or any 

11 of its subsidiaries performing any contract with the De12 partment of Defense is no longer a responsible source (as 

13 defined in section 2302 of title 10, United States Code), 

14 the Secretary shall determine, not later than 90 days after 

15 making such determination, whether BP or its subsidi16 aries should be debarred from contracting with the De17 partment of Defense. 

18 (b) DEBAR.—In this section, the term ‘‘debar’’ has 

19 the meaning given that term by section 2393(c) of title 

20 10, United States Code. 

21 SEC. 850. OFFICE OF FEDERAL PROCUREMENT POLICY ACT 

22 AMENDMENTS. 

23 (a) SERVICE CONTRACT INVENTORY REQUIRE24 MENT.— 


smartinez on DSKB9S0YB1PROD with BILLS
437 

HR 5136 PCS1S 

1 (1) IN GENERAL.—The Office of Federal Pro2 curement Policy Act (41 U.S.C. 403 et seq.) is 

3 amended by adding at the end the following new sec4 tion: 

5 ‘‘SEC. 45. SERVICE CONTRACT INVENTORY REQUIREMENT. 

6 ‘‘(a) SERVICE CONTRACT INVENTORY REQUIRE7 MENT.— 

8 ‘‘(1) GUIDANCE.—The Director of the Office of 

9 Management and Budget shall develop and dissemi10 nate guidance to aid executive agencies in estab11 lishing systems for the collection of information re12 quired to meet the requirements of this section and 

13 to ensure consistency of inventories across agencies. 

14 ‘‘(2) REPORT.—The Director of the Office of 

15 Management and Budget shall submit a report to 

16 Congress on the status of efforts to enable executive 

17 agencies to prepare the inventories required under 

18 paragraph (3), including the development, as appro19 priate, of guidance, methodologies, and technical 

20 tools. 

21 ‘‘(3) INVENTORY CONTENTS.—Not later than 

22 December 31, 2010, and annually thereafter, the 

23 head of each executive agency required to submit an 

24 inventory in accordance with the Federal Activities 

25 Inventory Reform Act of 1998 (Public Law 105– 


smartinez on DSKB9S0YB1PROD with BILLS
438 

HR 5136 PCS1S 

1 270; 31 U.S.C. 501 note), other than the Depart2 ment of Defense, shall submit to the Office of Man3 agement and Budget an annual inventory of service 

4 contracts awarded or extended through the exercise 

5 of an option or a task order, for or on behalf of such 

6 agency. For each service contract, the entry for an 

7 inventory under this section shall include, for the 

8 preceding fiscal year, the following: 

9 ‘‘(A) A description of the services pur10 chased by the executive agency and the role the 

11 services played in achieving agency objectives, 

12 regardless of whether such a purchase was 

13 made through a contract or task order. 

14 ‘‘(B) The organizational component of the 

15 executive agency administering the contract, 

16 and the organizational component of the agency 

17 whose requirements are being met through con18 tractor performance of the service. 

19 ‘‘(C) The total dollar amount obligated for 

20 services under the contract and the funding 

21 source for the contract. 

22 ‘‘(D) The total dollar amount invoiced for 

23 services under the contract. 

24 ‘‘(E) The contract type and date of award. 


smartinez on DSKB9S0YB1PROD with BILLS
439 

HR 5136 PCS1S 

1 ‘‘(F) The name of the contractor and place 

2 of performance. 

3 ‘‘(G) The number and work location of 

4 contractor and subcontractor employees, ex5 pressed as full-time equivalents for direct labor, 

6 compensated under the contract, using direct 

7 labor hours and associated cost data collected 

8 from contractors. 

9 ‘‘(H) Whether the contract is a personal 

10 services contract. 

11 ‘‘(I) Whether the contract was awarded on 

12 a noncompetitive basis, regardless of date of 

13 award. 

14 ‘‘(b) FORM.—Reports required under this section 

15 shall be submitted in unclassified form, but may include 

16 a classified annex. 

17 ‘‘(c) PUBLICATION.—Not later than 30 days after the 

18 date on which the inventory under subsection (a)(3) is re19 quired to be submitted to the Office of Management and 

20 Budget, the head of each executive agency shall— 

21 ‘‘(1) make the inventory available to the public; 

22 and 

23 ‘‘(2) publish in the Federal Register a notice 

24 that the inventory is available to the public. 


smartinez on DSKB9S0YB1PROD with BILLS
440 

HR 5136 PCS1S 

1 ‘‘(d) GOVERNMENT-WIDE INVENTORY REPORT.—Not 

2 later than 90 days after the deadline for submitting inven3 tories under subsection (a)(3), and annually thereafter, 

4 the Director of the Office of Management and Budget 

5 shall submit to Congress and make publicly available on 

6 the Office of Management and Budget website a report 

7 on the inventories submitted. The report shall identify 

8 whether each agency required to submit an inventory 

9 under subsection (a)(3) has met such requirement and 

10 summarize the information submitted by each executive 

11 agency required to have a Chief Financial Officer pursu12 ant to section 901 of title 31, United States Code. 

13 ‘‘(e) REVIEW AND PLANNING REQUIREMENTS.—Not 

14 later than 180 days after the deadline for submitting in15 ventories under subsection (a)(3) for an executive agency, 

16 the head of the executive agency, or an official designated 

17 by the agency head shall— 

18 ‘‘(1) review the contracts and information in 

19 the inventory; 

20 ‘‘(2) ensure that— 

21 ‘‘(A) each contract in the inventory that is 

22 a personal services contract has been entered 

23 into, and is being performed, in accordance with 

24 applicable laws and regulations; 


smartinez on DSKB9S0YB1PROD with BILLS
441 

HR 5136 PCS1S 

1 ‘‘(B) the contracts do not include to the 

2 maximum extent practicable functions that are 

3 closely associated with inherently governmental 

4 functions; 

5 ‘‘(C) the agency is not using contractor 

6 employees to perform inherently governmental 

7 functions; 

8 ‘‘(D) the agency has specific safeguards 

9 and monitoring systems in place to ensure that 

10 work being performed by contractors has not 

11 changed or expanded during performance to be12 come an inherently governmental function; 

13 ‘‘(E) the agency is not using contractor 

14 employees to perform critical functions in such 

15 a way that could affect the ability of the agency 

16 to maintain control of its mission and oper17 ations; and 

18 ‘‘(F) there are sufficient internal agency 

19 resources to manage and oversee contracts ef20 fectively; 

21 ‘‘(3) identify contracts that have been poorly 

22 performed, as determined by a contracting officer, 

23 because of excessive costs or inferior quality; and 

24 ‘‘(4) identify contracts that should be consid25 ered for conversion to— 


smartinez on DSKB9S0YB1PROD with BILLS
442 

HR 5136 PCS1S 

1 ‘‘(A) performance by Federal employees of 

2 the executive agency in accordance with agency 

3 insourcing guidelines required under section 

4 736 of the Financial Services and General Gov5 ernment Appropriations Act, 2009 (Public Law 

6 111–8, division D) and section 46 of this Act; 

7 or 

8 ‘‘(B) an alternative acquisition approach 

9 that would better enable the agency to effi10 ciently utilize its assets and achieve its public 

11 mission. 

12 ‘‘(f) REPORT ON ACTIONS TAKEN IN RESPONSE TO

13 ANNUAL INVENTORY.—Not later than one year after sub14 mitting an annual inventory under subsection (a)(3), the 

15 head of each executive agency submitting such an inven16 tory shall submit to the Office of Management and Budget 

17 a report summarizing the actions taken pursuant to sub18 section (e), including any actions taken to consider and 

19 convert functions from contractor to Federal employee 

20 performance. The report shall be included as an attach21 ment to the next annual inventory and made publicly 

22 available in accordance with subsection (c). 

23 ‘‘(g) SUBMISSION OF SERVICE CONTRACT INVEN24 TORY BEFORE PUBLIC-PRIVATE COMPETITION.—Not25 withstanding any other provision of law, beginning in fisVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
443 

HR 5136 PCS1S 

1 cal year 2011, if an executive agency has not submitted 

2 to the Office of Management and Budget the inventory 

3 required under subsection (a)(3) for the prior fiscal year, 

4 the agency may not begin, plan for, or announce a study 

5 or public-private competition regarding the conversion to 

6 contractor performance of any function performed by Fed7 eral employees pursuant to Office of Management and 

8 Budget Circular A–76 or any other administrative regula9 tion or directive until such time as the inventory is sub10 mitted for the prior fiscal year. 

11 ‘‘(h) GAO REPORTS ON IMPLEMENTATION.— 

12 ‘‘(1) REPORT ON GUIDANCE.—Not later than 

13 120 days after submission of the report by the Di14 rector of the Office of Management and Budget re15 quired under subsection (a)(2), the Comptroller Gen16 eral of the United States shall report on the guid17 ance issued and actions taken by the Director. The 

18 report shall be submitted to the Committee on 

19 Homeland Security and Governmental Affairs and 

20 the Committee on Appropriations of the Senate and 

21 the Committee on Oversight and Government Re22 form and the Committee on Appropriations of the 

23 House of Representatives. 

24 ‘‘(2) REPORTS ON INVENTORIES.— 


smartinez on DSKB9S0YB1PROD with BILLS
444 

HR 5136 PCS1S 

1 ‘‘(A) INITIAL INVENTORY.—Not later than 

2 September 30, 2011, the Comptroller General 

3 of the United States shall submit a report to 

4 the Committees named in the preceding para5 graph on the initial implementation by executive 

6 agencies of the inventory requirement in sub7 section (a)(3) with respect to inventories re8 quired to be submitted by December 31, 2010. 

9 ‘‘(B) SECOND INVENTORY.—Not later than 

10 September 30, 2012, the Comptroller General 

11 shall submit a report to the same Committees 

12 on annual inventories required to be submitted 

13 by December 31, 2011. 

14 ‘‘(3) PERIODIC BRIEFINGS.—The Comptroller 

15 General shall provide periodic briefings, as may be 

16 requested by the Committees, on matters related to 

17 implementation of this section. 

18 ‘‘(i) EXECUTIVE AGENCY DEFINED.—In this section, 

19 the term ‘executive agency’ has the meaning given the 

20 term in section 4 of the Office of Federal Procurement 

21 Policy Act (41 U.S.C. 403).’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions in section 1 of such Act is amended by adding 

24 at the end the following new item: 

‘‘Sec. 45. Service contract inventory requirement.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
445 

HR 5136 PCS1S 

1 (3) REPEAL OF SUPERSEDED LAW.—Section 

2 743(c) of the Financial Services and General Gov3 ernment Appropriations Act, 2010 (Public Law 

4 111–117; 123 Stat. 3216) is amended by striking 

5 ‘‘and annually thereafter,’’. 

6 (b) PROHIBITION AGAINST DIRECT CONVERSIONS.— 

7 (1) IN GENERAL.—Section 43(a)(1) of the Of8 fice of Federal Procurement Policy Act (41 U.S.C. 

9 439) is amended by striking ‘‘10 or more’’. 

10 (2) GUIDANCE.—Not later than 60 days after 

11 the date of the enactment of this Act, the Director 

12 of the Office of Management and Budget shall issue 

13 guidance to all Federal agencies other than the De14 partment of Defense to ensure that no function last 

15 performed by Federal employees is converted to con16 tractor performance without complying with the re17 quirements of section 43 of such Act, as amended by 

18 this section. 

19 (c) GUIDELINES ON INSOURCING NEW AND CON20 TRACTED OUT FUNCTIONS.— 

21 (1) IN GENERAL.—The Office of Federal Pro22 curement Policy Act (41 U.S.C. 403 et seq.), as 

23 amended by subsection (a), is further amended by 

24 adding at the end the following new section: 


smartinez on DSKB9S0YB1PROD with BILLS
446 

HR 5136 PCS1S 

1 ‘‘SEC. 46. GUIDELINES ON INSOURCING NEW AND CON2 TRACTED OUT FUNCTIONS. 

3 ‘‘(a) GUIDELINES REQUIRED.—(1) The heads of ex4 ecutive agencies subject to the Federal Activities Inventory 

5 Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 

6 note) shall devise and implement guidelines and proce7 dures to ensure that consideration is given to using, on 

8 a regular basis, Federal employees to perform new func9 tions and functions that are performed by contractors and 

10 could be performed by Federal employees. 

11 ‘‘(2) The guidelines and procedures required under 

12 subparagraph (A) may not include any specific limitation 

13 or restriction on the number of functions or activities that 

14 may be converted to performance by Federal employees. 

15 ‘‘(b) SPECIAL CONSIDERATION FOR CERTAIN FUNC16 TIONS.—The guidelines and procedures required under 

17 paragraph (1) shall provide for special consideration to be 

18 given to using Federal employees to perform any function 

19 that— 

20 ‘‘(1) is performed by a contractor and— 

21 ‘‘(A) has been performed by Federal em22 ployees at any time during the previous 10 

23 years; 

24 ‘‘(B) is a function closely associated with 

25 the performance of an inherently governmental 

26 function; 


smartinez on DSKB9S0YB1PROD with BILLS
447 

HR 5136 PCS1S 

1 ‘‘(C) has been performed pursuant to a 

2 contract awarded on a non-competitive basis; or 

3 ‘‘(D) has been performed poorly, as deter4 mined by a contracting officer during the 5- 

5 year period preceding the date of such deter6 mination, because of excessive costs or inferior 

7 quality; or 

8 ‘‘(2) is a new requirement, with particular em9 phasis given to a new requirement that is similar to 

10 a function previously performed by Federal employ11 ees or is a function closely associated with the per12 formance of an inherently governmental function. 

13 ‘‘(c) EXCLUSION OF CERTAIN FUNCTIONS FROM

14 COMPETITIONS.—The head of an executive agency may 

15 not conduct a public-private competition under Office of 

16 Management and Budget Circular A–76 or any other pro17 vision of law or regulation before— 

18 ‘‘(1) in the case of a new agency function, as19 signing the performance of the function to Federal 

20 employees; 

21 ‘‘(2) in the case of any agency function de22 scribed in paragraph (2), converting the function to 

23 performance by Federal employees; or 


smartinez on DSKB9S0YB1PROD with BILLS
448 

HR 5136 PCS1S 

1 ‘‘(3) in the case of an agency function per2 formed by Federal employees, expanding the scope 

3 of the function. 

4 ‘‘(d) DEADLINE.—(1) The head of each executive 

5 agency shall implement the guidelines and procedures re6 quired under this subsection by not later than 120 days 

7 after the date of the enactment of this subsection. 

8 ‘‘(2) Not later than 210 days after the date of 

9 the enactment of this subsection, the Government 

10 Accountability Office shall submit a report on the 

11 implementation of this subsection to the Committees 

12 on Appropriations of the House of Representatives 

13 and the Senate, the Committee on Oversight and 

14 Government Reform of the House of Representa15 tives, and the Committee on Homeland Security and 

16 Governmental Affairs of the Senate. 

17 ‘‘(e) DEFINITIONS.—In this subsection: 

18 ‘‘(1) The term ‘inherently governmental func19 tions’ has the meaning given such term in subpart 

20 7.5 of part 7 of the Federal Acquisition Regulation. 

21 ‘‘(2) The term ‘functions closely associated with 

22 inherently governmental functions’ means the func23 tions described in section 7.503(d) of the Federal 

24 Acquisition Regulation. 


smartinez on DSKB9S0YB1PROD with BILLS
449 

HR 5136 PCS1S 

1 ‘‘(f) APPLICABILITY.—This subsection shall not apply 

2 to the Department of Defense.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions in section 1 of such Act, as amended by sub5 section (a), is further amended by adding at the end 

6 the following new item: 

‘‘Sec. 46. Guidelines on insourcing new and contracted out functions.’’. 

7 (3) REPEAL OF SUPERSEDED LAW.—Subsection 

8 (b) of section 739 of division D of the Consolidated 

9 Appropriations Act, 2008 (Public Law 110–161; 

10 121 Stat. 2030) is repealed. 

11 (d) CONVERSION OF FUNCTIONS TO PERFORMANCE

12 BY FEDERAL EMPLOYEES.— 

13 (1) DECISION TO INSOURCE.—The Office of 

14 Management and Budget shall not establish any nu15 merical goal, target, or quota for the conversion to 

16 performance by Federal employees of functions pre17 viously performed by contractors unless such goal, 

18 target, or quota is based on considered research and 

19 analysis. 

20 (2) REPORTS.— 

21 (A) REPORT TO CONGRESS.—The Office of 

22 Management and Budget shall submit to Con23 gress a report on the aggregate results of the 

24 efforts of each Federal agency to convert func25 tions from contractor performance to performVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
450 

HR 5136 PCS1S 

1 ance by Federal agency employees made during 

2 fiscal year 2010. Such report shall include— 

3 (i) agency decisions for converting 

4 such functions to Federal employee per5 formance; 

6 (ii) the basis and rationale for the 

7 agency decisions; and 

8 (iii) the number of contractor employ9 ees whose functions were converted to per10 formance by Federal employees. 

11 (B) COMPTROLLER GENERAL REPORT.— 

12 Not later than 120 days after the submittal of 

13 the report under paragraph (1), the Comp14 troller General of the United States shall sub15 mit to the Committee on Oversight and Govern16 ment Reform of the House of Representatives, 

17 and the Committee on Homeland Security and 

18 Governmental Affairs of the Senate an assess19 ment of the report. 

20 (3) DEPARTMENT OF DEFENSE.—Nothing in 

21 this subsection shall apply to the Department of De22 fense. 


smartinez on DSKB9S0YB1PROD with BILLS
451 

HR 5136 PCS1S 

1 SEC. 851. REQUIREMENT TO JUSTIFY THE USE OF FACTORS 

2 OTHER THAN COST OR PRICE AS THE PRE3 DOMINATE FACTORS IN EVALUATING COM4 PETITIVE PROPOSALS FOR DEFENSE PRO5 CUREMENT CONTRACTS. 

6 (a) REQUIREMENT.—Subparagraph (A) of section 

7 2305(a)(2) of title 10, United States Code, is amended— 

8 (1) by striking ‘‘and’’ at the end of clause (i); 

9 and 

10 (2) by inserting after clause (ii) the following 

11 new clause: 

12 ‘‘(iii) in the case of a solicitation in which 

13 factors other than cost or price when combined 

14 are more important than cost or price, the rea15 sons why assigning at least equal importance to 

16 cost or price would not better serve the Govern17 ment’s interest; and’’. 

18 (b) REPORT.—Section 2305(a)(3) of such title is 

19 amended by adding at the end the following new subpara20 graph: 

21 ‘‘(C) Not later than 180 days after the end of each 

22 fiscal year, the Secretary of Defense shall submit to Con23 gress, and post on a publicly available website of the De24 partment of Defense, a report describing the solicitations 

25 for which a statement pursuant to paragraph (2)(A)(iii) 

26 was included.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
452 

HR 5136 PCS1S 

1 SEC. 852. PENALTIES ON CONTRACTORS NOT PROVIDING 

2 INFORMATION TO DATABASES ON CON3 TRACTS IN IRAQ AND AFGHANISTAN. 

4 Section 861 of the National Defense Authorization 

5 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

6 2302 note) is amended by adding at the end the following 

7 new subsection: 

8 ‘‘(e) PENALTIES.—Any contract in Iraq or Afghani9 stan entered into or modified after September 1, 2011, 

10 shall include a clause requiring the imposition of a pen11 alty, by the department or agency awarding the contract, 

12 on any contractor that does not comply with requirements 

13 under this section, including requirements in the memo14 randum of understanding required by subsection (a), to 

15 provide information for the common databases identified 

16 under subsection (b)(4), including updating the informa17 tion required. The penalty shall consist of the withholding 

18 of award and incentive fees.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
453 

HR 5136 PCS1S 

1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 Subtitle A—Department of Defense 

5 Management 

6 SEC. 901. REDESIGNATION OF THE DEPARTMENT OF THE 

7 NAVY AS THE DEPARTMENT OF THE NAVY 

8 AND MARINE CORPS. 

9 (a) REDESIGNATION OF THE DEPARTMENT OF THE

10 NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE

11 CORPS.— 

12 (1) REDESIGNATION OF MILITARY DEPART13 MENT.—The military department designated as the 

14 Department of the Navy is redesignated as the De15 partment of the Navy and Marine Corps. 

16 (2) REDESIGNATION OF SECRETARY AND

17 OTHER STATUTORY OFFICES.— 

18 (A) SECRETARY.—The position of the Sec19 retary of the Navy is redesignated as the Sec20 retary of the Navy and Marine Corps. 

21 (B) OTHER STATUTORY OFFICES.—The 

22 positions of the Under Secretary of the Navy, 

23 the four Assistant Secretaries of the Navy, and 

24 the General Counsel of the Department of the 

25 Navy are redesignated as the Under Secretary 


smartinez on DSKB9S0YB1PROD with BILLS
454 

HR 5136 PCS1S 

1 of the Navy and Marine Corps, the Assistant 

2 Secretaries of the Navy and Marine Corps, and 

3 the General Counsel of the Department of the 

4 Navy and Marine Corps, respectively. 

5 (b) CONFORMING AMENDMENTS TO TITLE 10, 

6 UNITED STATES CODE.— 

7 (1) DEFINITION OF ‘‘MILITARY DEPART8 MENT’’.—Paragraph (8) of section 101(a) of title 

9 10, United States Code, is amended to read as fol10 lows: 

11 ‘‘(8) The term ‘military department’ means the 

12 Department of the Army, the Department of the 

13 Navy and Marine Corps, and the Department of the 

14 Air Force.’’. 

15 (2) ORGANIZATION OF DEPARTMENT.—The text 

16 of section 5011 of such title is amended to read as 

17 follows: ‘‘The Department of the Navy and Marine 

18 Corps is separately organized under the Secretary of 

19 the Navy and Marine Corps.’’. 

20 (3) POSITION OF SECRETARY.—Section 

21 5013(a)(1) of such title is amended by striking 

22 ‘‘There is a Secretary of the Navy’’ and inserting 

23 ‘‘There is a Secretary of the Navy and Marine 

24 Corps’’. 

25 (4) CHAPTER HEADINGS.— 


smartinez on DSKB9S0YB1PROD with BILLS
455 

HR 5136 PCS1S 

1 (A) The heading of chapter 503 of such 

2 title is amended to read as follows: 

3 ‘‘CHAPTER 503—DEPARTMENT OF THE 

4 NAVY AND MARINE CORPS’’. 

5 (B) The heading of chapter 507 of such 

6 title is amended to read as follows: 

7 ‘‘CHAPTER 507—COMPOSITION OF THE DE8 PARTMENT OF THE NAVY AND MARINE 

9 CORPS’’. 

10 (5) OTHER AMENDMENTS.— 

11 (A) Title 10, United States Code, is 

12 amended by striking ‘‘Department of the Navy’’ 

13 and ‘‘Secretary of the Navy’’ each place they 

14 appear other than as specified in paragraphs 

15 (1), (2), (3), and (4) (including in section head16 ings, subsection captions, tables of chapters, 

17 and tables of sections) and inserting ‘‘Depart18 ment of the Navy and Marine Corps’’ and ‘‘Sec19 retary of the Navy and Marine Corps’’, respec20 tively, in each case with the matter inserted to 

21 be in the same typeface and typestyle as the 

22 matter stricken. 

23 (B)(i) Sections 5013(f), 5014(b)(2), 

24 5016(a), 5017(2), 5032(a), and 5042(a) of 

25 such title are amended by striking ‘‘Assistant 


smartinez on DSKB9S0YB1PROD with BILLS
456 

HR 5136 PCS1S 

1 Secretaries of the Navy’’ and inserting ‘‘Assist2 ant Secretaries of the Navy and Marine Corps’’. 

3 (ii) The heading of section 5016 of such 

4 title, and the item relating to such section in 

5 the table of sections at the beginning of chapter 

6 503 of such title, are each amended by insert7 ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 

8 with the matter inserted in each case to be in 

9 the same typeface and typestyle as the matter 

10 amended. 

11 (c) OTHER PROVISIONS OF LAW AND OTHER REF12 ERENCES.— 

13 (1) TITLE 37, UNITED STATES CODE.—Title 37, 

14 United States Code, is amended by striking ‘‘De15 partment of the Navy’’ and ‘‘Secretary of the Navy’’ 

16 each place they appear and inserting ‘‘Department 

17 of the Navy and Marine Corps’’ and ‘‘Secretary of 

18 the Navy and Marine Corps’’, respectively. 

19 (2) OTHER REFERENCES.—Any reference in 

20 any law other than in title 10 or title 37, United 

21 States Code, or in any regulation, document, record, 

22 or other paper of the United States, to the Depart23 ment of the Navy shall be considered to be a ref24 erence to the Department of the Navy and Marine 

25 Corps. Any such reference to an office specified in 


smartinez on DSKB9S0YB1PROD with BILLS
457 

HR 5136 PCS1S 

1 subsection (b)(2) shall be considered to be a ref2 erence to that officer as redesignated by that sec3 tion. 

4 (d) EFFECTIVE DATE.—This section and the amend5 ments made by this section shall take effect on the first 

6 day of the first month beginning more than 60 days after 

7 the date of the enactment of this Act. 

8 SEC. 902. REALIGNMENT OF THE ORGANIZATIONAL STRUC9 TURE OF THE OFFICE OF THE SECRETARY OF 

10 DEFENSE TO CARRY OUT THE REDUCTION 

11 REQUIRED BY LAW IN THE NUMBER OF DEP12 UTY UNDER SECRETARIES OF DEFENSE. 

13 (a) REDESIGNATION OF CERTAIN POSITIONS IN THE

14 OFFICE OF THE SECRETARY OF DEFENSE.—Positions in 

15 the Office of the Secretary of Defense of the Department 

16 of Defense are hereby redesignated as Assistant Secre17 taries of Defense as follows: 

18 (1) The Director of Defense Research and En19 gineering is redesignated as the Assistant Secretary 

20 of Defense for Research and Engineering. 

21 (2) The Director of Operational Energy Plans 

22 and Programs is redesignated as the Assistant Sec23 retary of Defense for Operational Energy Plans and 

24 Programs. 


smartinez on DSKB9S0YB1PROD with BILLS
458 

HR 5136 PCS1S 

1 (3) The Director of Cost Assessment and Pro2 gram Evaluation is redesignated as the Assistant 

3 Secretary of Defense for Cost Assessment and Pro4 gram Evaluation. 

5 (4) The Assistant to the Secretary of Defense 

6 for Nuclear and Chemical and Biological Defense 

7 Programs is redesignated as the Assistant Secretary 

8 of Defense for Nuclear, Chemical, and Biological 

9 Defense Programs. 

10 (b) AMENDMENTS TO CHAPTER 4 OF TITLE 10 RE11 LATING TO REALIGNMENT.—Chapter 4 of title 10, United 

12 States Code, is amended as follows: 

13 (1) REPEAL OF SEPARATE DEPUTY UNDER SEC14 RETARY PROVISIONS.—The following sections are re15 pealed: 133a, 134a, and 136a. 

16 (2) COMPONENTS OF OSD.—Section 131(b) is 

17 amended to read as follows: 

18 ‘‘(b) The Office of the Secretary of Defense is com19 posed of the following: 

20 ‘‘(1) The Deputy Secretary of Defense. 

21 ‘‘(2) The Under Secretaries of Defense, as fol22 lows: 

23 ‘‘(A) The Under Secretary of Defense for 

24 Acquisition, Technology, and Logistics. 


smartinez on DSKB9S0YB1PROD with BILLS
459 

HR 5136 PCS1S 

1 ‘‘(B) The Under Secretary of Defense for 

2 Policy. 

3 ‘‘(C) The Under Secretary of Defense 

4 (Comptroller). 

5 ‘‘(D) The Under Secretary of Defense for 

6 Personnel and Readiness. 

7 ‘‘(E) The Under Secretary of Defense for 

8 Intelligence. 

9 ‘‘(3) The Deputy Chief Management Officer of 

10 the Department of Defense. 

11 ‘‘(4) The Principal Deputy Under Secretaries of 

12 Defense. 

13 ‘‘(5) The Assistant Secretaries of Defense. 

14 ‘‘(6) Other officers who are appointed by the 

15 President, by and with the advice and consent of the 

16 Senate, as follows: 

17 ‘‘(A) The Director of Operational Test and 

18 Evaluation. 

19 ‘‘(B) The General Counsel of the Depart20 ment of Defense. 

21 ‘‘(C) The Inspector General of the Depart22 ment of Defense. 

23 ‘‘(7) Other officials provided for by law, as fol24 lows: 


smartinez on DSKB9S0YB1PROD with BILLS
460 

HR 5136 PCS1S 

1 ‘‘(A) 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 ‘‘(B) The official designated under section 

7 2228(a)(2) of this title to have responsibility for 

8 Department of Defense policy related to the 

9 prevention and mitigation of corrosion of the 

10 military equipment and infrastructure of the 

11 Department of Defense and for directing the 

12 activities of the Office of Corrosion Policy and 

13 Oversight. 

14 ‘‘(C) The officials designated under sub15 sections (a) and (b) of section 2438(a) of this 

16 title to have responsibility, respectively, for de17 velopmental test and evaluation and for systems 

18 engineering. 

19 ‘‘(D) The official designated under section 

20 2438a(a) of this title to have responsibility for 

21 conducting and overseeing performance assess22 ments and root cause analyses for major de23 fense acquisition programs. 


smartinez on DSKB9S0YB1PROD with BILLS
461 

HR 5136 PCS1S 

1 ‘‘(E) The Director of Small Business Pro2 grams, provided for under section 2508 of this 

3 title. 

4 ‘‘(8) Such other offices and officials as may be 

5 established by law or the Secretary of Defense may 

6 establish or designate in the Office.’’. 

7 (3) PRINCIPAL DEPUTY UNDER SECRETARIES

8 OF DEFENSE.—Section 137a is amended— 

9 (A) in subsections (a)(1), (b), and (d), by 

10 striking ‘‘Deputy Under’’ each place it appears 

11 and inserting ‘‘Principal Deputy Under’’; 

12 (B) in subsection (a)(2), by striking ‘‘(A) 

13 The’’ and all that follows through ‘‘(5) of sub14 section (c)’’ and inserting ‘‘The Principal Dep15 uty Under Secretaries of Defense’’; 

16 (C) in subsection (c)— 

17 (i) by striking ‘‘One of the Deputy’’ in 

18 paragraphs (1), (2), (3), (4), and (5) and 

19 inserting ‘‘One of the Principal Deputy’’; 

20 (ii) by striking ‘‘appointed’’ and all 

21 that follows through ‘‘this title’’ in para22 graphs (1), (2), and (3); 

23 (iii) by striking ‘‘shall be’’ in para24 graphs (4) and (5) and inserting ‘‘is’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
462 

HR 5136 PCS1S 

1 (iv) by adding at the end of para2 graph (5) the following new sentence: ‘‘Any 

3 individual nominated for appointment as 

4 the Principal Deputy Under Secretary of 

5 Defense for Intelligence shall have exten6 sive intelligence expertise.’’; and 

7 (D) by adding at the end of subsection (d) 

8 the following new sentence: ‘‘The Principal 

9 Deputy Under Secretaries take precedence 

10 among themselves in the order prescribed by 

11 the Secretary of Defense.’’. 

12 (4) ASSISTANT SECRETARIES OF DEFENSE.— 

13 Section 138 is amended— 

14 (A) in subsection (a)— 

15 (i) by striking ‘‘12’’ and inserting 

16 ‘‘17’’; and 

17 (ii) by striking ‘‘(A) The’’ and all that 

18 follows through ‘‘The other’’ and inserting 

19 ‘‘The’’; 

20 (B) in subsection (b)— 

21 (i) by striking ‘‘shall be’’ in para22 graphs (2), (3), (4), (5), and (6) and in23 serting ‘‘is’’; 


smartinez on DSKB9S0YB1PROD with BILLS
463 

HR 5136 PCS1S 

1 (ii) by striking ‘‘appointed pursuant 

2 to section 138a of this title’’ in paragraph 

3 (7); and 

4 (iii) by adding at the end the fol5 lowing new paragraphs: 

6 ‘‘(8) One of the Assistant Secretaries is the Assistant 

7 Secretary of Defense for Research and Engineering. In 

8 addition to any duties and powers prescribed under para9 graph (1), the Assistant Secretary of Defense for Research 

10 and Engineering shall have the duties specified in section 

11 138b of this title. 

12 ‘‘(9) One of the Assistant Secretaries is the Assistant 

13 Secretary of Defense for Operational Energy Plans and 

14 Programs. In addition to any duties and powers prescribed 

15 under paragraph (1), the Assistant Secretary of Defense 

16 for Operational Energy Plans and Programs shall have 

17 the duties specified in section 138c of this title. 

18 ‘‘(10) One of the Assistant Secretaries is the Assist19 ant Secretary of Defense for Cost Assessment and Pro20 gram Evaluation. In addition to any duties and powers 

21 prescribed under paragraph (1), the Assistant Secretary 

22 of Defense for Cost Assessment and Program Evaluation 

23 shall have the duties specified in section 138d of this title. 

24 ‘‘(11) One of the Assistant Secretaries is the Assist25 ant Secretary of Defense for Nuclear, Chemical, and BioVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
464 

HR 5136 PCS1S 

1 logical Defense Programs. In addition to any duties and 

2 powers prescribed under paragraph (1), the Assistant Sec3 retary of Defense for Nuclear, Chemical, and Biological 

4 Defense Programs shall have the duties specified in sec5 tion 138e of this title.’’; and 

6 (C) in subsection (d), by striking ‘‘and the 

7 Director of Defense Research and Engineering’’ 

8 and inserting ‘‘the Deputy Chief Management 

9 Officer of the Department of Defense, and the 

10 Principal Deputy Under Secretaries of De11 fense’’. 

12 (5) ASSISTANT SECRETARY FOR LOGISTICS AND

13 MATERIEL READINESS.—Section 138a(a) is amend14 ed— 

15 (A) by striking ‘‘There is a’’ and inserting 

16 ‘‘The’’; and 

17 (B) by striking ‘‘, appointed from civilian 

18 life by the President, by and with the advice 

19 and consent of the Senate. The Assistant Sec20 retary’’. 

21 (6) ASSISTANT SECRETARY FOR RESEARCH AND

22 ENGINEERING.—Section 139a is transferred so as to 

23 appear after section 138a, redesignated as section 

24 138b, and amended— 

25 (A) by striking subsection (a); 


smartinez on DSKB9S0YB1PROD with BILLS
465 

HR 5136 PCS1S 

1 (B) by redesignating subsections (b) and 

2 (c) as subsections (a) and (b), respectively; 

3 (C) in subsection (a), as so redesignated, 

4 by striking ‘‘Director of Defense’’ and inserting 

5 ‘‘Assistant Secretary of Defense for’’; and 

6 (D) in subsection (b), as so redesignated— 

7 (i) in paragraph (1), by striking ‘‘Di8 rector of Defense Research and Engineer9 ing, in consultation with the Director of 

10 Developmental Test and Evaluation’’ and 

11 inserting ‘‘Assistant Secretary of Defense 

12 for Research and Engineering, in consulta13 tion with the official designated under sec14 tion 2438(a) of this title to have responsi15 bility for developmental test and evaluation 

16 functions’’; and 

17 (ii) in paragraph (2), by striking ‘‘Di18 rector’’ and inserting ‘‘Assistant Sec19 retary’’. 

20 (7) ASSISTANT SECRETARY FOR OPERATIONAL

21 ENERGY PLANS AND PROGRAMS.—Section 139b is 

22 transferred so as to appear after section 138b (as 

23 transferred and redesignated by paragraph (6)), re24 designated as section 138c, and amended— 


smartinez on DSKB9S0YB1PROD with BILLS
466 

HR 5136 PCS1S 

1 (A) in subsection (a), by striking ‘‘There is 

2 a’’ and all that follows through ‘‘The Director’’ 

3 and inserting ‘‘The Assistant Secretary of De4 fense for Operational Energy Plans and Pro5 grams’’; 

6 (B) by striking ‘‘Director’’ each place it 

7 appears and inserting ‘‘Assistant Secretary’’; 

8 (C) in subsection (d)(2)— 

9 (i) by striking ‘‘Not later than’’ and 

10 all that follows through ‘‘military depart11 ments’’ and inserting ‘‘The Secretary of 

12 each military department’’; 

13 (ii) by striking ‘‘who will’’ and insert14 ing ‘‘who shall’’; and 

15 (iii) by inserting ‘‘so designated’’ after 

16 ‘‘The officials’’; and 

17 (D) in subsection (d)(4), by striking ‘‘The 

18 initial’’ and all that follows through ‘‘updates to 

19 the strategy’’ and inserting ‘‘Updates to the 

20 strategy required by paragraph (1)’’. 

21 (8) ASSISTANT SECRETARY FOR COST ASSESS22 MENT AND PROGRAM EVALUATION.—Section 139c is 

23 transferred so as to appear after section 138c (as 

24 transferred and redesignated by paragraph (7)), re25 designated as section 138d, and amended— 


smartinez on DSKB9S0YB1PROD with BILLS
467 

HR 5136 PCS1S 

1 (A) by striking subsection (a); 

2 (B) by redesignating subsection (b) as sub3 section (a) and in that subsection— 

4 (i) striking ‘‘Director of’’ in para5 graph (1) and inserting ‘‘Assistant Sec6 retary of Defense for’’; and 

7 (ii) striking ‘‘Director’’ each place it 

8 appears in paragraphs (1)(A), (1)(B), and 

9 (2) and inserting ‘‘Assistant Secretary’’; 

10 (C) by striking subsection (c) and inserting 

11 the following: 

12 ‘‘(b) RESPONSIBILITY FOR SPECIFIED FUNCTIONS.— 

13 There shall be within the office of the Assistant Secretary 

14 the following: 

15 ‘‘(1) An official with primary responsibility for 

16 cost assessment. 

17 ‘‘(2) An official with primary responsibility for 

18 program evaluation.’’; and 

19 (D) by redesignating subsection (d) as sub20 section (c) and in that subsection striking ‘‘Di21 rector of’’ in the matter preceding paragraph 

22 (1) and inserting ‘‘Assistant Secretary of De23 fense for’’. 

24 (9) ASSISTANT SECRETARY FOR NUCLEAR, 

25 CHEMICAL, AND BIOLOGICAL DEFENSE PROGRAMS.— 


smartinez on DSKB9S0YB1PROD with BILLS
468 

HR 5136 PCS1S 

1 Section 142 is transferred so as to appear after sec2 tion 138d (as redesignated and transferred by para3 graph (8)), redesignated as section 138e, and 

4 amended— 

5 (A) by striking subsection (a); 

6 (B) by striking ‘‘(b) The Assistant to the 

7 Secretary’’ and inserting ‘‘The Assistant Sec8 retary of Defense for Nuclear, Chemical, and 

9 Biological Defense Programs’’; and 

10 (C) by striking subsection (c). 

11 (c) OTHER AMENDMENTS TO CHAPTER 4 OF TITLE

12 10.—Chapter 4 of title 10, United States Code, is further 

13 amended as follows: 

14 (1) OFFICE OF THE SECRETARY OF DE15 FENSE.—Section 131(a) is amended by striking 

16 ‘‘his’’ and inserting ‘‘the Secretary’s’’. 

17 (2) DEPUTY SECRETARY.—Section 132 is 

18 amended by striking the second sentence of sub19 section (c). 

20 (3) DEPUTY CHIEF MANAGEMENT OFFICER.— 

21 Such chapter is further amended by inserting after 

22 section 132 the following new section: 

23 ‘‘§ 132a. Deputy Chief Management Officer 

24 ‘‘(a) There is a Deputy Chief Management Officer of 

25 the Department of Defense, appointed from civilian life 


smartinez on DSKB9S0YB1PROD with BILLS
469 

HR 5136 PCS1S 

1 by the President, by and with the advice and consent of 

2 the Senate. 

3 ‘‘(b) The Deputy Chief Management Officer assists 

4 the Deputy Secretary of Defense in the Deputy Sec5 retary’s capacity as Chief Management Officer of the De6 partment of Defense under section 132(c) of this title. 

7 ‘‘(c) The Deputy Chief Management Officer takes 

8 precedence in the Department of Defense after the Sec9 retary of Defense, the Deputy Secretary of Defense, the 

10 Secretaries of the military departments, and the Under 

11 Secretaries of Defense.’’. 

12 (4) UNDER SECRETARY OF DEFENSE (COMP13 TROLLER).—Section 135(c) is amended by striking 

14 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

15 (d) REPEAL OF POSITION TITLES SPECIFIED BY

16 LAW FOR STATUTORY POSITIONS RELATING TO DEVEL17 OPMENTAL TEST AND EVALUATION AND SYSTEMS ENGI18 NEERING.— 

19 (1) TRANSFER OF SECTION FROM CHAPTER 4

20 TO PROGRAMMATIC CHAPTER.—Section 139d of title 

21 10, United States Code, is transferred to chapter 

22 144, inserted after section 2437, and redesignated 

23 as section 2438. 


smartinez on DSKB9S0YB1PROD with BILLS
470 

HR 5136 PCS1S 

1 (2) DIRECTOR OF DEVELOPMENTAL TEST AND

2 EVALUATION.—Subsection (a) of such section is 

3 amended— 

4 (A) by striking ‘‘(a) DIRECTOR OF’’ and all 

5 that follows through paragraph (3) and insert6 ing the following: 

7 ‘‘(a) DEVELOPMENTAL TEST AND EVALUATION.— 

8 ‘‘(1) DESIGNATION OF RESPONSIBLE OFFI9 CIAL.—The Secretary of Defense shall designate, 

10 from among individuals with expertise in test and 

11 evaluation, an official to be responsible to the Sec12 retary and the Under Secretary of Defense for Ac13 quisition, Technology, and Logistics for develop14 mental test and evaluation in the Department of De15 fense. 

16 ‘‘(2) SUPERVISION.—The official designated 

17 under paragraph (1) shall report directly to an offi18 cial of the Department appointed from civilian life 

19 by the President, by and with the advice and consent 

20 of the Senate.’’; 

21 (B) by redesignating paragraphs (4), (5), 

22 (6), and (7) as paragraphs (3), (4), (5), and 

23 (6), respectively; 

24 (C) in paragraph (3), as so redesignated, 

25 by striking DIRECTOR OF SYSTEMS ENGINEERVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
471 

HR 5136 PCS1S 

1 ING’’ and all that follows through ‘‘Director of 

2 Systems Engineering’’ and inserting ‘‘SYSTEMS

3 ENGINEERING.—The official designated under 

4 paragraph (1) shall closely coordinate with the 

5 official designated under subsection (b)’’; 

6 (D) in paragraph (4), as so redesignated, 

7 by striking ‘‘Director’’ in the matter preceding 

8 subparagraph (A) and inserting ‘‘official des9 ignated under paragraph (1)’’; 

10 (E) in paragraph (5), as so redesignated— 

11 (i) by striking ‘‘Director has’’ and in12 serting ‘‘official designated under para13 graph (1) has’’; 

14 (ii) by striking ‘‘Director considers’’ 

15 and inserting ‘‘designated official con16 siders’’; and 

17 (iii) by striking ‘‘the Director’s du18 ties’’ and inserting ‘‘that official’s duties’’; 

19 and 

20 (F) in paragraph (6), as so redesignated, 

21 by striking ‘‘serving as the Director of Develop22 mental Test and Evaluation’’ and inserting ‘‘of23 ficial designated under paragraph (1)’’. 

24 (3) DIRECTOR OF SYSTEMS ENGINEERING.— 

25 Subsection (b) of such section is amended— 


smartinez on DSKB9S0YB1PROD with BILLS
472 

HR 5136 PCS1S 

1 (A) by striking ‘‘(b) DIRECTOR OF’’ and all 

2 that follows through paragraph (3) and insert3 ing the following: 

4 ‘‘(b) SYSTEMS ENGINEERING.— 

5 ‘‘(1) DESIGNATION OF RESPONSIBLE OFFI6 CIAL.—The Secretary of Defense shall designate, 

7 from among individuals with expertise in systems en8 gineering, an official to be responsible to the Sec9 retary and the Under Secretary of Defense for Ac10 quisition, Technology, and Logistics for systems en11 gineering and development planning in the Depart12 ment of Defense. 

13 ‘‘(2) SUPERVISION.—The official designated 

14 under paragraph (1) shall report directly to an offi15 cial of the Department appointed from civilian life 

16 by the President, by and with the advice and consent 

17 of the Senate.’’; 

18 (B) by redesignating paragraphs (4), (5), 

19 and (6) as paragraphs (3), (4), and (5), respec20 tively; 

21 (C) in paragraph (3), as so redesignated, 

22 by striking ‘‘DIRECTOR OF DEVELOPMENTAL

23 TEST AND EVALUATION’’ and all that follows 

24 through ‘‘Director of Developmental Test And 

25 Evaluation’’ and inserting ‘‘DEVELOPMENTAL


smartinez on DSKB9S0YB1PROD with BILLS
473 

HR 5136 PCS1S 

1 TEST AND EVALUATION.—The official des2 ignated under paragraph (1) shall closely co3 ordinate with the official designated under sub4 section (a)’’; 

5 (D) in paragraph (4), as so redesignated, 

6 by striking ‘‘Director’’ in the matter preceding 

7 subparagraph (A) and inserting ‘‘official des8 ignated under paragraph (1)’’; and 

9 (E) in paragraph (5), as so redesignated— 

10 (i) by striking ‘‘Director shall’’ and 

11 inserting ‘‘official designated under para12 graph (1) shall’’; 

13 (ii) by striking ‘‘Director considers’’ 

14 and inserting ‘‘designated official con15 siders’’; and 

16 (iii) by striking ‘‘the Director’s du17 ties’’ and inserting ‘‘that official’s duties’’. 

18 (4) JOINT ANNUAL REPORT.—Subsection (c) of 

19 such section is amended in the matter preceding 

20 paragraph (1)— 

21 (A) by striking ‘‘beginning in 2010,’’; 

22 (B) by striking ‘‘Director of Developmental 

23 Test and Evaluation and the Director of Sys24 tems Engineering’’ and inserting ‘‘officials des25 ignated under subsections (a) and (b)’’; 


smartinez on DSKB9S0YB1PROD with BILLS
474 

HR 5136 PCS1S 

1 (C) by striking ‘‘subsections (a) and (b)’’ 

2 and inserting ‘‘those subsections’’; and 

3 (D) by inserting ‘‘such’’ after ‘‘Each’’. 

4 (5) JOINT GUIDANCE.—Subsection (d) of such 

5 section is amended in the matter preceding para6 graph (1)— 

7 (A) by striking ‘‘Director of Developmental 

8 Test and Evaluation and the Director of Sys9 tems Engineering’’ and inserting ‘‘officials des10 ignated under subsections (a) and (b)’’; and 

11 (B) by striking ‘‘section 103 of the Weap12 on Systems Acquisition Reform Act of 2009’’ 

13 and inserting ‘‘section 2438a of this title’’. 

14 (6) REPEAL OF REDUNDANT DEFINITION.— 

15 Subsection (e) of such section is repealed. 

16 (e) CODIFICATION OF SECTION 103 OF WEAPON SYS17 TEMS ACQUISITION REFORM ACT OF 2009.— 

18 (1) CODIFICATION.—Chapter 144 of title 10, 

19 United States Code, is amended by inserting after 

20 section 2438 (as transferred and redesignated by 

21 subsection (d)), a new section 2438a consisting of— 

22 (A) a section heading as follows: 

23 ‘‘§ 2438a. Performance assessments and root cause 

24 analyses’’; 

25 and 


smartinez on DSKB9S0YB1PROD with BILLS
475 

HR 5136 PCS1S 

1 (B) a text consisting of the text of section 

2 103 of the Weapon Systems Acquisition Reform 

3 Act of 2009 (Public Law 111–23; 123 Stat. 

4 1715; 10 U.S.C. 2430 note), modified as speci5 fied in paragraph (2). 

6 (2) TECHNICAL AMENDMENTS DUE TO CODI7 FICATION.—The modifications referred to in para8 graph (1)(B) to the text specified in that paragraph 

9 are— 

10 (A) in subsection (b)(2), by striking ‘‘sec11 tion 2433a(a)(1) of title 10, United States Code 

12 (as added by section 206(a) of this Act)’’ and 

13 inserting ‘‘section 2433a(a)(1) of this title’’; 

14 (B) in subsection (b)(5)— 

15 (i) by striking ‘‘section 2433a of title 

16 10, United States Code (as so added)’’ and 

17 inserting ‘‘section 2433a of this title’’; and 

18 (ii) by striking ‘‘prior to’’ both places 

19 it appears and inserting ‘‘before’’; 

20 (C) in subsection (d), by striking ‘‘section 

21 2433a of title 10, United States Code (as so 

22 added)’’ and inserting ‘‘section 2433a of this 

23 title’’; and 

24 (D) in subsection (f), by striking ‘‘begin25 ning in 2010,’’. 


smartinez on DSKB9S0YB1PROD with BILLS
476 

HR 5136 PCS1S 

1 (f) TRANSFER OF SECTION PROVIDING FOR DIREC2 TOR OF SMALL BUSINESS PROGRAMS.—Section 144 of 

3 title 10, United States Code, is transferred to chapter 148, 

4 inserted after section 2507, and redesignated as section 

5 2508. 

6 (g) REPEAL OF STATUTORY REQUIREMENT FOR OF7 FICE FOR MISSING PERSONNEL IN OSD.—Section 

8 1501(a) of title 10, United States Code, is amended— 

9 (1) by striking the subsection heading and in10 serting the following: ‘‘RESPONSIBILITY FOR MISS11 ING PERSONNEL.—’’; 

12 (2) in paragraph (1)— 

13 (A) by striking ‘‘establish within the Office 

14 of the Secretary of Defense an office to have re15 sponsibility for Department of Defense policy’’ 

16 in the first sentence and inserting ‘‘designate 

17 within the Office of the Secretary of Defense an 

18 official as the Deputy Assistant Secretary of 

19 Defense for Prisoner of War/Missing Personnel 

20 Affairs to have responsibility for Department of 

21 Defense matters’’; 

22 (B) by striking the second sentence; 

23 (C) by striking ‘‘of the office’’ and insert24 ing ‘‘of the official designated under this para25 graph’’; 


smartinez on DSKB9S0YB1PROD with BILLS
477 

HR 5136 PCS1S 

1 (D) by striking ‘‘and’’ at the end of sub2 paragraph (A); 

3 (E) by redesignating subparagraph (B) as 

4 subparagraph (C); and 

5 (F) by inserting after subparagraph (A) 

6 the following new subparagraph (B): 

7 ‘‘(B) policy, control, and oversight of the pro8 gram established under section 1509 of this title, as 

9 well as the accounting for missing persons (including 

10 locating, recovering, and identifying missing persons 

11 or their remains after hostilities have ceased); and’’; 

12 (3) by redesignating paragraphs (2), (3), (4), 

13 and (5) as paragraphs (3), (4), (5), and (6), respec14 tively; 

15 (4) by inserting after paragraph (1) the fol16 lowing new paragraph (2): 

17 ‘‘(2) The official designated under paragraph 

18 (1) shall also serve as the Director, Defense Pris19 oner of War/Missing Personnel Office, as established 

20 under paragraph (6)(A), exercising authority, direc21 tion, and control over that activity.’’. 

22 (5) in paragraph (3), as so redesignated— 

23 (A) by striking ‘‘of the office’’ the first 

24 place it appears; and 


smartinez on DSKB9S0YB1PROD with BILLS
478 

HR 5136 PCS1S 

1 (B) by striking ‘‘head of the office’’ and 

2 inserting ‘‘official designated under paragraph 

3 (1) and (2)’’; 

4 (6) in paragraph (4), as so redesignated— 

5 (A) by striking ‘‘office’’ and inserting ‘‘des6 ignated official’’; and 

7 (B) by inserting after ‘‘evasion)’’ the fol8 lowing: ‘‘and for personnel accounting (includ9 ing locating, recovering, and identifying missing 

10 persons or their remains after hostilities have 

11 ceased)’’; 

12 (7) in paragraph (5), as so redesignated, by 

13 striking ‘‘office’’ and inserting ‘‘designated official’’; 

14 and 

15 (8) in paragraph (6), as so redesignated— 

16 (A) in subparagraph (A)— 

17 (i) by inserting after ‘‘(A)’’ the fol18 lowing: ‘‘The Secretary of Defense shall es19 tablish an activity to account for personnel 

20 who are missing or whose remains have 

21 not been recovered from the conflict in 

22 which they were lost. This activity shall be 

23 known as the Defense Prisoner of War/ 

24 Missing Personnel Office.’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
479 

HR 5136 PCS1S 

1 (ii) by striking ‘‘office’’ both places it 

2 appears and inserting ‘‘activity’’; 

3 (B) in subparagraph (B)(i), by striking ‘‘to 

4 the office’’ and inserting ‘‘activity’’; 

5 (C) in subparagraph (B)(ii)— 

6 (i) by striking ‘‘to the office’’ and in7 serting ‘‘activity’’; and 

8 (ii) by striking ‘‘of the office’’ and in9 serting ‘‘of the activity’’; and 

10 (D) in subparagraph (C), by striking ‘‘of11 fice’’ and inserting ‘‘activity’’. 

12 (h) REPEAL OF STATUTORY REQUIREMENT FOR DI13 RECTOR OF OFFICE FOR CORROSION POLICY AND OVER14 SIGHT IN OSD.—Section 2228 of title 10, United States 

15 Code, is amended— 

16 (1) in subsection (a)— 

17 (A) by striking the subsection heading and 

18 inserting the following: ‘‘OFFICE OF CORRO19 SION POLICY AND OVERSIGHT AND DESIGNA20 TION OF RESPONSIBLE OFFICIAL’’; 

21 (B) by amending paragraph (2) to read as 

22 follows: 

23 ‘‘(2) The Secretary of Defense shall designate, from 

24 among civilian employees of the Department of Defense 

25 with the qualifications described in paragraph (4), an offiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
480 

HR 5136 PCS1S 

1 cial to be responsible to the Secretary of Defense and the 

2 Under Secretary of Defense for Acquisition, Technology, 

3 and Logistics for the prevention and mitigation of corro4 sion of the military equipment and infrastructure of the 

5 Department of Defense and for directing the activities of 

6 the Office of Corrosion Policy and Oversight.’’; 

7 (C) by redesignating paragraphs (3) and 

8 (4) as paragraphs (4) and (5), respectively; 

9 (D) by inserting after paragraph (2) the 

10 following new paragraph (3): 

11 ‘‘(3) The official designated under paragraph 

12 (2) shall report directly to the Principal Deputy 

13 Under Secretary of Defense for Acquisition, Tech14 nology, and Logistics.’’. 

15 (E) in paragraph (4), as so redesignated, 

16 by striking ‘‘assigned to the position of Direc17 tor’’ and inserting ‘‘designated under paragraph 

18 (2)’’; and 

19 (F) in paragraph (5), as so redesignated, 

20 by striking ‘‘of Director’’ and inserting ‘‘held by 

21 the official designated under paragraph (2)’’; 

22 (2) in subsection (b)— 

23 (A) by striking ‘‘Director of Corrosion Pol24 icy and Oversight (in this section referred to as 

25 the ‘Director’)’’ in paragraph (1) and inserting 


smartinez on DSKB9S0YB1PROD with BILLS
481 

HR 5136 PCS1S 

1 ‘‘official designated under subsection (a)(2)’’; 

2 and 

3 (B) by striking ‘‘Director’’ in paragraphs 

4 (2), (3), (4), and (5) and inserting ‘‘designated 

5 official’’; 

6 (3) in subsection (c), by striking ‘‘ADDITIONAL

7 AUTHORITIES’’ and all that follows through ‘‘author8 ized to—’’ and inserting ‘‘ADDITIONAL DUTIES.— 

9 The official designated under subsection (a) shall— 

10 ’’; and 

11 (4) in subsection (e), by striking ‘‘beginning 

12 with the budget for fiscal year 2009,’’. 

13 (i) REPEAL OF STATUTORY LIMITATION ON NUMBER

14 OF DEPUTY UNDER SECRETARIES OF DEFENSE.—Sec15 tion 906(a)(2) of the National Defense Authorization Act 

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

17 2426; 10 U.S.C. 137a note) is repealed. 

18 (j) CONFORMING AMENDMENTS TO TITLE 10.—Title 

19 10, United States Code, is amended as follows: 

20 (1) The following sections are amended by 

21 striking ‘‘Director of Cost Assessment and Program 

22 Evaluation’’ and inserting ‘‘Assistant Secretary of 

23 Defense for Cost Assessment and Program Evalua24 tion’’: sections 181(d), 2306b(i)(1)(B), 2366a(a)(4), 


smartinez on DSKB9S0YB1PROD with BILLS
482 

HR 5136 PCS1S 

1 2366a(a)(5), 2366b(a)(1)(C), 2433a(a)(2), 

2 2433a(b)(2)(C), 2434(b)(1)(A), and 2445c(f)(3). 

3 (2) Section 179(c) is amended— 

4 (A) by striking ‘‘Assistant to the Secretary 

5 of Defense for Nuclear and Chemical and Bio6 logical Defense Programs’’ in paragraphs (2) 

7 and (3) and inserting ‘‘Assistant Secretary of 

8 Defense for Nuclear, Chemical, and Biological 

9 Defense Programs’’; and 

10 (B) by striking ‘‘to the’’ in paragraph (3). 

11 (3) Section 2272 is amended by striking ‘‘Di12 rector of Defense Research and Engineering’’ each 

13 place it appears and inserting ‘‘Assistant Secretary 

14 of Defense for Research and Engineering’’. 

15 (4) Section 2334 is amended— 

16 (A) by striking ‘‘Director of Cost Assess17 ment and Program Evaluation’’ each place it 

18 appears and inserting ‘‘Assistant Secretary of 

19 Defense for Cost Assessment and Program 

20 Evaluation’’; and 

21 (B) by striking ‘‘Director’’ each place it 

22 appears (other than as specified in subpara23 graph (A)) and inserting ‘‘Assistant Secretary’’. 

24 (5) Section 2365 is amended— 


smartinez on DSKB9S0YB1PROD with BILLS
483 

HR 5136 PCS1S 

1 (A) in subsection (a), by striking ‘‘Director 

2 of Defense Research and Engineering’’ and in3 serting ‘‘Assistant Secretary of Defense for Re4 search and Engineering’’; 

5 (B) in subsection (d)(1), by striking ‘‘Di6 rector’’ and inserting ‘‘Assistant Secretary’’; 

7 (C) in subsection (d)(2)— 

8 (i) by striking ‘‘Director of Defense 

9 Research and Engineering’’ and inserting 

10 ‘‘Assistant Secretary of Defense for Re11 search and Engineering’’; and 

12 (ii) by striking ‘‘Director may’’ and 

13 inserting ‘‘Assistant Secretary may’’; and 

14 (D) in subsection (e), by striking ‘‘Direc15 tor’’ and inserting ‘‘Assistant Secretary’’. 

16 (6) Sections 2350a(g)(3), 2366b(a)(3)(D), 

17 2374a(a), and 2517(a) are amended by striking ‘‘Di18 rector of Defense Research and Engineering’’ and 

19 inserting ‘‘Assistant Secretary of Defense for Re20 search and Engineering’’. 

21 (7) Section 2902(b) is amended— 

22 (A) in paragraph (1), by striking ‘‘Deputy 

23 Under Secretary of Defense for Science and 

24 Technology’’ and inserting ‘‘official within the 

25 Office of the Assistant Secretary of Defense for 


smartinez on DSKB9S0YB1PROD with BILLS
484 

HR 5136 PCS1S 

1 Research and Engineering who is responsible 

2 for science and technology’’; and 

3 (B) in paragraph (3), by striking ‘‘Deputy 

4 Under Secretary of Defense’’ and inserting ‘‘of5 ficial within the Office of the Under Secretary 

6 of Defense for Acquisition, Technology, and Lo7 gistics who is’’. 

8 (k) OTHER CONFORMING AMENDMENTS.— 

9 (1) Section 214 of the National Defense Au10 thorization Act of Fiscal Year 2008 (10 U.S.C. 2521 

11 note) is amended by striking ‘‘Director of Defense 

12 Research and Engineering’’ and inserting ‘‘Assistant 

13 Secretary of Defense for Research and Engineer14 ing’’. 

15 (2) Section 201(d) of the Weapon Systems Ac16 quisition Reform Act of 2009 (10 U.S.C. 181 note) 

17 is amended— 

18 (A) by striking ‘‘The Director of Cost As19 sessment and Program Evaluation’’ and insert20 ing ‘‘The Assistant Secretary of Defense for 

21 Cost Assessment and Program Evaluation’’; 

22 and 

23 (B) by striking ‘‘the Director’’ and insert24 ing ‘‘the Assistant Secretary’’. 


smartinez on DSKB9S0YB1PROD with BILLS
485 

HR 5136 PCS1S 

1 (l) SECTION HEADING AND CLERICAL AMEND2 MENTS.— 

3 (1) SECTION HEADING AMENDMENTS.—Title 

4 10, United States Code, is amended as follows: 

5 (A) The heading of section 137a is amend6 ed to read as follows: 

7 ‘‘§ 137a. Principal Deputy Under Secretaries of De8 fense’’. 

9 (B) The heading of section 138b, as trans10 ferred and redesignated by subsection (b)(6), is 

11 amended to read as follows: 

12 ‘‘§ 138b. Assistant Secretary of Defense for Research 

13 and Engineering’’. 

14 (C) The heading of section 138c, as trans15 ferred and redesignated by subsection (b)(7), is 

16 amended to read as follows: 

17 ‘‘§ 138c. Assistant Secretary of Defense for Oper18 ational Energy Plans and Programs’’. 

19 (D) The heading of section 138d, as trans20 ferred and redesignated by subsection (b)(8), is 

21 amended to read as follows: 


smartinez on DSKB9S0YB1PROD with BILLS
486 

HR 5136 PCS1S 

1 ‘‘§ 138d. Assistant Secretary of Defense for Cost As2 sessment and Program Evaluation’’. 

3 (E) The heading of section 138e, as trans4 ferred and redesignated by subsection (b)(9), is 

5 amended to read as follows: 

6 ‘‘§ 138e. Assistant Secretary of Defense for Nuclear, 

7 Chemical, and Biological Defense Pro8 grams’’. 

9 (F) The heading of section 2228 is amend10 ed to read as follows: 

11 ‘‘§ 2228. Military equipment and infrastructure: pre12 vention and mitigation of corrosion’’. 

13 (G) The heading of section 2438 is amend14 ed to read as follows: 

15 ‘‘§ 2438. Developmental test and evaluation; systems 

16 engineering: designation of responsible 

17 officials; joint guidance’’. 

18 (2) CLERICAL AMENDMENTS.—Title 10, United 

19 States Code, is further amended as follows: 

20 (A) The table of sections at the beginning 

21 of chapter 4 is amended— 

22 (i) by inserting after the item relating 

23 to section 132 the following new item: 

‘‘132a. Deputy Chief Management Officer.’’; 

24 (ii) by striking the items relating to 

25 sections 133a, 134a, and 136a; 


smartinez on DSKB9S0YB1PROD with BILLS
487 

HR 5136 PCS1S 

1 (iii) by amending the item relating to 

2 section 137a to read as follows: 

‘‘137a. Principal Deputy Under Secretaries of Defense.’’; 

3 (iv) by inserting after the item relat4 ing to section 138a the following new 

5 items: 

‘‘138b. Assistant Secretary of Defense for Research and Engineering. 

‘‘138c. Assistant Secretary of Defense for Operational Energy Plans and Programs. 

‘‘138d. Assistant Secretary of Defense for Cost Assessment and Program Evaluation. 

‘‘138e. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.’’; 

6 and 

7 (v) by striking the items relating to 

8 sections 139a, 139b, 139c, 139d, 142, and 

9 144. 

10 (B) The item relating to section 2228 in 

11 the table of sections at the beginning of chapter 

12 131 is amended to read as follows: 

‘‘2228. Military equipment and infrastructure: prevention and mitigation of corrosion.’’. 

13 (C) The table of sections at the beginning 

14 of chapter 144 is amended by inserting after 

15 the item relating to section 2437 the following 

16 new items: 

‘‘2438. Developmental test and evaluation; systems engineering: designation of 

responsible officials; joint guidance. 

‘‘2438a. Performance assessments and root cause analyses.’’. 

17 (D) The table of sections at the beginning 

18 of subchapter II of chapter 148 is amended by 


smartinez on DSKB9S0YB1PROD with BILLS
488 

HR 5136 PCS1S 

1 inserting after the item relating to section 2507 

2 the following new item: 

‘‘2508. Director of Small Business Programs.’’. 

3 (m) EXECUTIVE SCHEDULE AMENDMENTS.—Chap4 ter 53 of title 5, United States Code, is amended as fol5 lows: 

6 (1) NUMBER OF ASSISTANT SECRETARY OF DE7 FENSE POSITIONS.—Section 5315 is amended by 

8 striking ‘‘Assistant Secretaries of Defense (12)’’ and 

9 inserting ‘‘Assistant Secretaries of Defense (17)’’. 

10 (2) POSITIONS REDESIGNATED AS ASSISTANT

11 SECRETARY POSITIONS.— 

12 (A) Section 5315 is further amended— 

13 (i) by striking ‘‘Director of Cost As14 sessment and Program Evaluation, De15 partment of Defense.’’; and 

16 (ii) by striking ‘‘Director of Defense 

17 Research and Engineering.’’. 

18 (B) Section 5316 is amended by striking 

19 ‘‘Assistant to the Secretary of Defense for Nu20 clear and Chemical and Biological Defense Pro21 grams.’’. 

22 (3) AMENDMENTS TO DELETE REFERENCES TO

23 POSITIONS IN SENIOR EXECUTIVE SERVICE.—Section 

24 5316 is further amended— 


smartinez on DSKB9S0YB1PROD with BILLS
489 

HR 5136 PCS1S 

1 (A) by striking ‘‘Director, Defense Ad2 vanced Research Projects Agency, Department 

3 of Defense.’’; 

4 (B) by striking ‘‘Deputy General Counsel, 

5 Department of Defense.’’; 

6 (C) by striking ‘‘Deputy Under Secretaries 

7 of Defense for Research and Engineering, De8 partment of Defense (4).’’; and 

9 (D) by striking ‘‘Special Assistant to the 

10 Secretary of Defense.’’. 

11 (n) REFERENCES IN OTHER LAWS, ETC.—Any ref12 erence in any provision or law other than title 10, United 

13 States Code, or in any rule, regulation, or other paper of 

14 the United States, to any of the offices of the Department 

15 of Defense redesignated by subsection (a) shall be treated 

16 as referring to that office as so redesignated. 

17 (o) EFFECTIVE DATE.—The provisions of this section 

18 and the amendments made by this section shall take effect 

19 on January 1, 2011, or on such earlier date for any of 

20 such provisions as may be prescribed by the Secretary of 

21 Defense. If the Secretary prescribes an earlier date for any 

22 of those provisions or amendments, the Secretary shall no23 tify Congress in writing in advance of such date. 


smartinez on DSKB9S0YB1PROD with BILLS
490 

HR 5136 PCS1S 

1 SEC. 903. UNIFIED MEDICAL COMMAND. 

2 (a) ASSISTANT SECRETARY OF DEFENSE.—Section 

3 138(b) of title 10, United States Code, as amended by 

4 section 902, is further amended by adding at the end the 

5 following new paragraph: 

6 ‘‘(12) One of the Assistant Secretaries is the 

7 Assistant Secretary of Defense for Health Affairs. 

8 In addition to any duties and powers prescribed 

9 under paragraph (1), the principal duty of the As10 sistant Secretary of Defense for Health Affairs is 

11 the overall supervision (including oversight of policy 

12 and resources) of all health affairs and medical ac13 tivities of the Department of Defense. The Assistant 

14 Secretary of Defense for Health Affairs is the prin15 cipal civilian adviser to the Secretary of Defense on 

16 health affairs and medical matters and, after the 

17 Secretary and Deputy Secretary, is the principal 

18 health affairs and medical official within the senior 

19 management of the Department of Defense.’’. 

20 (b) UNIFIED COMBATANT COMMAND.— 

21 (1) IN GENERAL.—Chapter 6 of such title is 

22 amended by inserting after section 167a the fol23 lowing new section: 


smartinez on DSKB9S0YB1PROD with BILLS
491 

HR 5136 PCS1S 

1 ‘‘§ 167b. Unified combatant command for medical op2 erations 

3 ‘‘(a) ESTABLISHMENT.—With the advice and assist4 ance of the Chairman of the Joint Chiefs of Staff, the 

5 President, through the Secretary of Defense, may estab6 lish under section 161 of this title a unified command for 

7 medical operations (hereinafter in this section referred to 

8 as the ‘unified medical command’). The principal function 

9 of the command is to provide medical services to the 

10 armed forces and other health care beneficiaries of the De11 partment of Defense as defined in chapter 55 of this title. 

12 ‘‘(b) ASSIGNMENT OF FORCES.—In establishing the 

13 unified medical command under subsection (a), all active 

14 military medical treatment facilities, training organiza15 tions, and research entities of the armed forces shall be 

16 assigned to such unified command, unless otherwise di17 rected by the Secretary of Defense. 

18 ‘‘(c) GRADE OF COMMANDER.—The commander of 

19 the unified medical command shall hold the grade of gen20 eral or, in the case of an officer of the Navy, admiral while 

21 serving in that position, without vacating his permanent 

22 grade. The commander of such command shall be ap23 pointed to that grade by the President, by and with the 

24 advice and consent of the Senate, for service in that posi25 tion. The commander of such command shall be a member 

26 of a health profession described in paragraph (1), (2), (3), 


smartinez on DSKB9S0YB1PROD with BILLS
492 

HR 5136 PCS1S 

1 (4), (5), or (6) of section 335(j) of title 37. During the 

2 5-year period beginning on the date on which the Sec3 retary establishes the command under subsection (a), the 

4 commander of such command shall be exempt from the 

5 requirements of section 164(a)(1) of this title. 

6 ‘‘(d) SUBORDINATE COMMANDS.—(1) The unified 

7 medical command shall have the following subordinate 

8 commands: 

9 ‘‘(A) A command that includes all fixed military 

10 medical treatment facilities, including elements of 

11 the Department of Defense that are combined, oper12 ated jointly, or otherwise operated in such a manner 

13 that a medical facility of the Department of Defense 

14 is operating in or with a medical facility of another 

15 department or agency of the United States. 

16 ‘‘(B) A command that includes all medical 

17 training, education, and research and development 

18 activities that have previously been unified or com19 bined, including organizations that have been des20 ignated as a Department of Defense executive agent. 

21 ‘‘(C) The Defense Health Agency established 

22 under subsection (f). 

23 ‘‘(2) The commander of a subordinate command of 

24 the unified medical command shall hold the grade of lieu25 tenant general or, in the case of an officer of the Navy, 


smartinez on DSKB9S0YB1PROD with BILLS
493 

HR 5136 PCS1S 

1 vice admiral while serving in that position, without 

2 vacating his permanent grade. The commander of such a 

3 subordinate command shall be appointed to that grade by 

4 the President, by and with the advice and consent of the 

5 Senate, for service in that position. The commander of 

6 such a subordinate command shall also be required to be 

7 a surgeon general of one of the military departments. 

8 ‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) 

9 In addition to the authority prescribed in section 164(c) 

10 of this title, the commander of the unified medical com11 mand shall be responsible for, and shall have the authority 

12 to conduct, all affairs of such command relating to medical 

13 operations activities. 

14 ‘‘(2) The commander of such command shall be re15 sponsible for, and shall have the authority to conduct, the 

16 following functions relating to medical operations activities 

17 (whether or not relating to the unified medical command): 

18 ‘‘(A) Developing programs and doctrine. 

19 ‘‘(B) Preparing and submitting to the Secretary 

20 of Defense program recommendations and budget 

21 proposals for the forces described in subsection (b) 

22 and for other forces assigned to the unified medical 

23 command. 

24 ‘‘(C) Exercising authority, direction, and con25 trol over the expenditure of funds— 


smartinez on DSKB9S0YB1PROD with BILLS
494 

HR 5136 PCS1S 

1 ‘‘(i) for forces assigned to the unified med2 ical command; 

3 ‘‘(ii) for the forces described in subsection 

4 (b) assigned to unified combatant commands 

5 other than the unified medical command to the 

6 extent directed by the Secretary of Defense; 

7 and 

8 ‘‘(iii) for military construction funds of the 

9 Defense Health Program. 

10 ‘‘(D) Training assigned forces. 

11 ‘‘(E) Conducting specialized courses of instruc12 tion for commissioned and noncommissioned officers. 

13 ‘‘(F) Validating requirements. 

14 ‘‘(G) Establishing priorities for requirements. 

15 ‘‘(H) Ensuring the interoperability of equip16 ment and forces. 

17 ‘‘(I) Monitoring the promotions, assignments, 

18 retention, training, and professional military edu19 cation of medical officers described in paragraph (1), 

20 (2), (3), (4), (5), or (6) of section 335(j) of title 37. 

21 ‘‘(3) The commander of such command shall be re22 sponsible for the Defense Health Program, including the 

23 Defense Health Program Account established under sec24 tion 1100 of this title. 


smartinez on DSKB9S0YB1PROD with BILLS
495 

HR 5136 PCS1S 

1 ‘‘(f) DEFENSE HEALTH AGENCY.—(1) In estab2 lishing the unified medical command under subsection (a), 

3 the Secretary shall also establish under section 191 of this 

4 title a defense agency for health care (in this section re5 ferred to as the ‘Defense Health Agency’), and shall trans6 fer to such agency the organization of the Department of 

7 Defense referred to as the TRICARE Management Activ8 ity and all functions of the TRICARE Program (as de9 fined in section 1072(7)). 

10 ‘‘(2) The director of the Defense Health Agency shall 

11 hold the rank of lieutenant general or, in the case of an 

12 officer of the Navy, vice admiral while serving in that posi13 tion, without vacating his permanent grade. The director 

14 of such agency shall be appointed to that grade by the 

15 President, by and with the advice and consent of the Sen16 ate, for service in that position. The director of such agen17 cy shall be a member of a health profession described in 

18 paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) 

19 of title 37. 

20 ‘‘(g) REGULATIONS.—In establishing the unified 

21 medical command under subsection (a), the Secretary of 

22 Defense shall prescribe regulations for the activities of the 

23 unified medical command.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of such chapter is amended 


smartinez on DSKB9S0YB1PROD with BILLS
496 

HR 5136 PCS1S 

1 by inserting after the item relating to section 167a 

2 the following new item: 

‘‘167b. Unified combatant command for medical operations.’’. 

3 (c) PLAN, NOTIFICATION, AND REPORT.— 

4 (1) PLAN.—Not later than March 31, 2011, the 

5 Secretary of Defense shall submit to the congres6 sional defense committees a comprehensive plan to 

7 establish the unified medical command authorized 

8 under section 167b of title 10, United States Code, 

9 as added by subsection (b), including any legislative 

10 actions the Secretary considers necessary to imple11 ment the plan. 

12 (2) NOTIFICATION.—The Secretary shall sub13 mit to the congressional defense committees written 

14 notification of the decision of the Secretary to estab15 lish the unified medical command under such section 

16 167b by not later than the date that is 30 days be17 fore establishing such command. 

18 (3) REPORT.—Not later than 180 days after 

19 submitting the notification under paragraph (2), the 

20 Secretary shall submit to the congressional defense 

21 committees a report on— 

22 (A) the establishment of the unified med23 ical command; and 


smartinez on DSKB9S0YB1PROD with BILLS
497 

HR 5136 PCS1S 

1 (B) the establishment of the Defense 

2 Health Agency under subsection (f) of such sec3 tion 167b. 

4 Subtitle B—Space Activities 

5 SEC. 911. INTEGRATED SPACE ARCHITECTURES. 

6 The Secretary of Defense and the Director of Na7 tional Intelligence shall jointly establish the capability to 

8 conduct integrated national security space architecture 

9 planning, development, coordination, and analysis that— 

10 (1) encompasses defense and intelligence space 

11 plans, programs, budgets, and organizations; 

12 (2) provides mid-term to long-term rec13 ommendations to guide space-related defense and in14 telligence acquisitions, requirements, and investment 

15 decisions; 

16 (3) is independent of the space architecture 

17 planning, development, coordination, and analysis 

18 activities of each military department and each ele19 ment of the intelligence community (as defined in 

20 section 3(4) of the National Security Act of 1947 

21 (50 U.S.C. 401a(4))); and 

22 (4) makes use of, to the maximum extent prac23 ticable, joint duty assignment positions (as defined 

24 in section 668). 


smartinez on DSKB9S0YB1PROD with BILLS
498 

HR 5136 PCS1S 

1 Subtitle C—Intelligence-Related 

2 Matters 

3 SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SEC4 RETARY OF DEFENSE TO ENGAGE IN COM5 MERCIAL ACTIVITIES AS SECURITY FOR IN6 TELLIGENCE COLLECTION ACTIVITIES. 

7 The second sentence of section 431(a) of title 10, 

8 United States Code, is amended by striking ‘‘December 

9 31, 2010’’ and inserting ‘‘December 31, 2015’’. 

10 SEC. 922. SPACE AND COUNTERSPACE INTELLIGENCE 

11 ANALYSIS. 

12 (a) DESIGNATION OF LEAD INTEGRATOR.— 

13 (1) DESIGNATION.— 

14 (A) IN GENERAL.—The Director of the 

15 Defense Intelligence Agency shall designate a 

16 lead integrator for foreign space and 

17 counterspace defense intelligence analysis. 

18 (B) INITIAL DESIGNATION.—Not later 

19 than 30 days after the date of the enactment of 

20 this Act, the Director of the Defense Intel21 ligence Agency shall designate an initial lead in22 tegrator under subparagraph (A). 

23 (2) NOTICE.—Not later than 30 days after the 

24 date on which the Director of the Defense Intel25 ligence Agency designates a lead integrator under 


smartinez on DSKB9S0YB1PROD with BILLS
499 

HR 5136 PCS1S 

1 paragraph (1)(A), or removes the designation of lead 

2 integrator from an individual or organization pre3 viously designated under paragraph (1)(A), the Di4 rector shall notify the congressional defense commit5 tees, the Permanent Select Committee on Intel6 ligence of the House of Representatives, and the Se7 lect Committee on Intelligence of the Senate of the 

8 designation of such lead integrator or the removal of 

9 such designation. 

10 (b) AUTHORITY TO CONDUCT ORIGINAL ANALYSIS.— 

11 The Director of the Defense Intelligence Agency shall au12 thorize a lead integrator designated under subsection 

13 (a)(1)(A) to conduct original intelligence analysis and pro14 duction within the areas of responsibility of such lead inte15 grator. 

16 (c) DEFINITIONS.—In this section: 

17 (1) LEAD INTEGRATOR.—The term ‘‘lead inte18 grator’’ means, with respect to a particular subject 

19 matter, an individual or organization with primary 

20 responsibility for the review, coordination, and inte21 gration of defense intelligence analysis and produc22 tion related to such subject matter to— 

23 (A) ensure the development of coherent as24 sessments and intelligence products; and 


smartinez on DSKB9S0YB1PROD with BILLS
500 

HR 5136 PCS1S 

1 (B) manage and consolidate defense intel2 ligence tasking. 

3 (2) ORIGINAL INTELLIGENCE ANALYSIS.—The 

4 term ‘‘original intelligence analysis’’ means the de5 velopment of knowledge and creation of intelligence 

6 materials based on raw data and intelligence report7 ing. 

8 SEC. 923. AUDITS OF INTELLIGENCE COMMUNITY BY GOV9 ERNMENT ACCOUNTABILITY OFFICE. 

10 (a) AUDITS.—Title V of the National Security Act 

11 of 1947 (50 U.S.C. 413 et seq.) is amended by adding 

12 at the end the following new section: 

13 ‘‘AUDITS OF INTELLIGENCE COMMUNITY BY

14 GOVERNMENT ACCOUNTABILITY OFFICE

15 ‘‘SEC. 508. (a) IN GENERAL.—Except as provided in 

16 subsection (b), the Director of National Intelligence shall 

17 ensure that personnel of the Government Accountability 

18 Office designated by the Comptroller General are provided 

19 with access to all information in the possession of an ele20 ment of the intelligence community that the Comptroller 

21 General determines is necessary for such personnel to con22 duct an analysis, evaluation, or investigation of a program 

23 or activity of an element of the intelligence community 

24 that is requested by one of the congressional intelligence 

25 committees. 


smartinez on DSKB9S0YB1PROD with BILLS
501 

HR 5136 PCS1S 

1 ‘‘(b) AUDITS OF PROGRAMS INVOLVING SOURCES

2 AND METHODS.—(1) If the Director of National Intel3 ligence determines that a portion of an analysis, evalua4 tion, or investigation to be conducted by the Comptroller 

5 General that is requested by a committee of Congress with 

6 jurisdiction over the subject of such analysis, evaluation, 

7 or investigation involves a matter that is subject to the 

8 reporting requirements of section 503 or intelligence 

9 sources or methods, such portion may be redacted from 

10 such analysis, evaluation, or investigation and provided ex11 clusively to the congressional intelligence committees. 

12 ‘‘(2) If the Director of National Intelligence redacts 

13 a portion of an analysis, evaluation, or investigation under 

14 paragraph (1), the Director shall inform the committee 

15 of Congress that requested such analysis, evaluation, or 

16 investigation of the redaction. 

17 ‘‘(c) NOTICE OF ANALYSIS, EVALUATION, OR INVES18 TIGATION AND PROCEDURES.—Not later than 15 days be19 fore initiating an analysis, evaluation, or investigation of 

20 an element of the intelligence community, the Comptroller 

21 General shall submit to the congressional intelligence com22 mittees a notice that includes— 

23 ‘‘(1) a description of the analysis, evaluation, or 

24 investigation to occur and the purposes of such anal25 ysis, evaluation, or investigation; 


smartinez on DSKB9S0YB1PROD with BILLS
502 

HR 5136 PCS1S 

1 ‘‘(2) the names of the personnel who will con2 duct such analysis, evaluation, or investigation and 

3 the level of security clearance possessed by such per4 sonnel; and 

5 ‘‘(3) the procedures to be used in the course of 

6 such analysis, evaluation, or investigation for exam7 ining classified information, including a description 

8 of all facilities and materials that will be used. 

9 ‘‘(d) DISCUSSION OF PROCEDURES.—(1) Prior to ini10 tiating an analysis, evaluation, or investigation of an ele11 ment of the intelligence community, the Comptroller Gen12 eral, in consultation with the congressional intelligence 

13 committees, shall discuss with the Director of National In14 telligence the procedures for conducting such analysis, 

15 evaluation, or investigation. 

16 ‘‘(2) Not later than five days after the discussion re17 ferred to in paragraph (1), the Director of National Intel18 ligence may submit to the Comptroller General a written 

19 comment suggesting any changes or modifications to the 

20 procedures referred to in paragraph (1). 

21 ‘‘(e) CONFIDENTIALITY.—The Comptroller General 

22 shall maintain the same level of confidentiality for a record 

23 made available during the course of an analysis, evalua24 tion, or investigation involving sources or methods as is 

25 required of the head of the element of the intelligence comVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
503 

HR 5136 PCS1S 

1 munity from which such record is obtained. An officer or 

2 employee of the Government Accountability Office shall be 

3 subject to the same statutory penalties for unauthorized 

4 disclosure or use of a record as an officer or employee 

5 of the element of the intelligence community that provided 

6 the Comptroller General or such officer or employee of the 

7 Government Accountability Office with access to such 

8 record. 

9 ‘‘(f) WORKPAPERS.—All workpapers of the Comp10 troller General and all records and property of any ele11 ment of the intelligence community that the Comptroller 

12 General uses during the course of an analysis, evaluation, 

13 or investigation involving sources or methods shall remain 

14 in facilities provided by the element of the intelligence 

15 community providing such records and property. 

16 ‘‘(g) PROVISION OF SUPPLIES.—The head of each 

17 element of the intelligence community that is a subject of 

18 an analysis, evaluation, or investigation by the Comp19 troller General involving sources or methods shall provide 

20 the Comptroller General with suitable and secure offices 

21 and furniture, telephones, and access to copying facilities, 

22 for purposes of such analysis, evaluation, or investigation. 

23 ‘‘(h) PROCEDURES FOR PROTECTION OF INFORMA24 TION.—The Comptroller General, in consultation with the 

25 congressional intelligence committees, shall establish proVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
504 

HR 5136 PCS1S 

1 cedures to protect from unauthorized disclosure all classi2 fied and other sensitive information furnished to the 

3 Comptroller General in the course of conducting an anal4 ysis, evaluation, or investigation involving sources and 

5 methods. 

6 ‘‘(i) SUBMISSION OF NAMES OF PERSONNEL CON7 DUCTING ANALYSIS, EVALUATION, OR INVESTIGATION.— 

8 Prior to initiating an analysis, evaluation, or investigation 

9 involving sources and methods, the Comptroller General 

10 shall provide the Director of National Intelligence and the 

11 head of each element of the intelligence community that 

12 is a subject of such analysis, evaluation, or investigation 

13 with the name of each officer and employee of the Govern14 ment Accountability Office who has obtained appropriate 

15 security clearance and to whom, upon proper identifica16 tion, the head of such element shall make available records 

17 and information during the course of such analysis, eval18 uation, or investigation. 

19 ‘‘(j) COOPERATION.—The head of each element of the 

20 intelligence community that is a subject of an analysis, 

21 evaluation, or investigation shall cooperate fully with the 

22 Comptroller General and provide timely responses to re23 quests by the Comptroller General for documentation and 

24 information made pursuant to this section. 


smartinez on DSKB9S0YB1PROD with BILLS
505 

HR 5136 PCS1S 

1 ‘‘(k) RULE OF CONSTRUCTION.—Except as provided 

2 in subsection (b), nothing in this section or any other pro3 vision of law shall be construed to restrict or limit the au4 thority of the Comptroller General to audit, evaluate, or 

5 obtain access to the records of an element of the intel6 ligence community absent specific statutory language re7 stricting or limiting such audits, evaluations, or access to 

8 records.’’. 

9 Subtitle D—Other Matters 

10 SEC. 931. REVISIONS TO THE BOARD OF REGENTS FOR THE 

11 UNIFORMED SERVICES UNIVERSITY OF THE 

12 HEALTH SCIENCES. 

13 Subsection (b) of section 2113a of title 10, United 

14 States Code, is amended— 

15 (1) by redesignating paragraphs (2), (3), and 

16 (4) as paragraphs (3), (4), and (5), respectively; and 

17 (2) by inserting after paragraph (1) the fol18 lowing new paragraph: 

19 ‘‘(2) four persons, of which the chairmen and 

20 ranking members of the Committees on Armed Serv21 ices of the Senate and House of Representatives 

22 may each appoint one person, respectively;’’. 


smartinez on DSKB9S0YB1PROD with BILLS
506 

HR 5136 PCS1S 

1 SEC. 932. INCREASED FLEXIBILITY FOR COMBATANT COM2 MANDER INITIATIVE FUND. 

3 (a) IN GENERAL.—Section 166a(e)(1) of title 10, 

4 United States Code, is amended— 

5 (1) in subparagraph (B), by striking ‘‘and’’ at 

6 the end; 

7 (2) in subparagraph (C), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(D) not more than $10,000,000 may be used 

11 for research, development, test and evaluation activi12 ties.’’. 

13 (b) APPLICABILITY.—The amendments made by this 

14 section shall not apply with respect to funds appropriated 

15 for a fiscal year before fiscal year 2011. 

16 SEC. 933. TWO-YEAR EXTENSION OF AUTHORITIES RELAT17 ING TO TEMPORARY WAIVER OF REIMBURSE18 MENT OF COSTS OF ACTIVITIES FOR NON19 GOVERNMENTAL PERSONNEL AT DEPART20 MENT OF DEFENSE REGIONAL CENTERS FOR 

21 SECURITY STUDIES. 

22 (a) EXTENSION OF WAIVER.—Paragraph (1) of sec23 tion 941(b) of the Duncan Hunter National Defense Au24 thorization Act for Fiscal Year 2009 (Public Law 110– 

25 417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by 


smartinez on DSKB9S0YB1PROD with BILLS
507 

HR 5136 PCS1S 

1 striking ‘‘fiscal years 2009 and 2010’’ and inserting ‘‘fis2 cal years 2009 through 2012’’. 

3 (b) ANNUAL REPORT.—Paragraph (3) of such sec4 tion is amended by striking ‘‘in 2010 and 2011’’ and in5 serting ‘‘in each year through 2013’’. 

6 SEC. 934. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL 

7 ROLES AND MISSIONS REVIEW IN 2011. 

8 (a) ADDITIONAL ACTIVITIES CONSIDERED.—As part 

9 of the quadrennial roles and missions review conducted in 

10 2011 pursuant to section 118b of title 10, United States 

11 Code, the Secretary of Defense shall give consideration to 

12 the following activities, giving particular attention to their 

13 role in counter-terrorism operations: 

14 (1) Information operations. 

15 (2) Strategic communications. 

16 (3) Detention and interrogation. 

17 (b) ADDITIONAL REPORT REQUIREMENT.—In the re18 port required by section 118b(d) of such title for such re19 view in 2011, the Secretary of Defense shall— 

20 (1) provide clear guidance on the nature and 

21 extent of which core competencies are associated 

22 with the activities listed in subsection (a); and 

23 (2) identify the elements of the Department of 

24 Defense that are responsible or should be responsible 

25 for providing such core competencies. 


smartinez on DSKB9S0YB1PROD with BILLS
508 

HR 5136 PCS1S 

1 SEC. 935. CODIFICATION OF CONGRESSIONAL NOTIFICA2 TION REQUIREMENT BEFORE PERMANENT 

3 RELOCATION OF ANY UNITED STATES MILI4 TARY UNIT STATIONED OUTSIDE THE UNITED 

5 STATES. 

6 (a) CODIFICATION AND RELATED REPORT.—Chapter 

7 6 of title 10, United States Code, is amended by inserting 

8 after section 162 the following new section: 

9 ‘‘§ 162a. Congressional notification before permanent 

10 relocation of military units stationed out11 side the United States 

12 ‘‘(a) NOTIFICATION REQUIREMENT.—The Secretary 

13 of Defense shall notify Congress at least 30 days before 

14 the permanent relocation of a unit stationed outside the 

15 United States. 

16 ‘‘(b) ELEMENTS OF NOTIFICATION.—The notifica17 tion required by subsection (a) shall include a description 

18 of the following: 

19 ‘‘(1) How relocation of the unit supports the 

20 United States national security strategy. 

21 ‘‘(2) Whether the relocation of the unit will 

22 have an impact on any security commitments under23 taken by the United States pursuant to any inter24 national security treaty, including the North Atlantic 

25 Treaty, the Treaty of Mutual Cooperation and Secu26 rity between the United States and Japan, and the 


smartinez on DSKB9S0YB1PROD with BILLS
509 

HR 5136 PCS1S 

1 Security Treaty Between Australia, New Zealand, 

2 and the United States of America. 

3 ‘‘(3) How relocation of the unit addresses the 

4 current security environment in the affected geo5 graphic combatant command’s area of responsibility, 

6 including United States participation in theater se7 curity cooperation activities and bilateral partner8 ship, exchanges, and training exercises. 

9 ‘‘(4) How relocation of the unit impacts the sta10 tus of overseas base closure and realignment actions 

11 undertaken as part of a global defense posture re12 alignment strategy and the status of development 

13 and execution of comprehensive master plans for 

14 overseas military main operating bases, forward op15 erating sites, and cooperative security locations of 

16 the global defense posture of the United States. 

17 ‘‘(c) EXCEPTIONS.—Subsection (a) does not apply in 

18 the case of— 

19 ‘‘(1) the relocation of a unit deployed to a com20 bat zone; or 

21 ‘‘(2) the relocation of a unit as the result of clo22 sure of an overseas installation at the request of the 

23 government of the host nation in the manner pro24 vided in the agreement between the United States 

25 and the host nation regarding the installation. 


smartinez on DSKB9S0YB1PROD with BILLS
510 

HR 5136 PCS1S 

1 ‘‘(d) DEFINITIONS.—In this section: 

2 ‘‘(1) COMBAT ZONE.—The term ‘combat zone’ 

3 has the meaning given that term in section 

4 112(c)(2) of the Internal Revenue Code of 1986. 

5 ‘‘(2) GEOGRAPHIC COMBATANT COMMAND.— 

6 The term ‘geographic combatant command’ means a 

7 combatant command with a geographic area of re8 sponsibility that does not include North America. 

9 ‘‘(3) UNIT.—The term ‘unit’ has the meaning 

10 determined by the Secretary of Defense for purposes 

11 of this section.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter is amended by inserting 

14 after the item relating to section 162 the following new 

15 item: 

‘‘162a. Congressional notification before permanent relocation of military units 

stationed outside the United States.’’. 

16 (c) REPEAL OF SUPERCEDED NOTIFICATION RE17 QUIREMENT.—Section 1063 of the National Defense Au18 thorization Act for Fiscal Year 2010 (Public Law 111– 

19 84; 123 Stat. 2469; 10 U.S.C. 113 note) is repealed. 

20 TITLE X—GENERAL PROVISIONS 

21 Subtitle A—Financial Matters 

22 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

23 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 


smartinez on DSKB9S0YB1PROD with BILLS
511 

HR 5136 PCS1S 

1 (1) AUTHORITY.—Upon determination by the 

2 Secretary of Defense that such action is necessary in 

3 the national interest, the Secretary may transfer 

4 amounts of authorizations made available to the De5 partment of Defense in this division for fiscal year 

6 2011 between any such authorizations for that fiscal 

7 year (or any subdivisions thereof). Amounts of au8 thorizations so transferred shall be merged with and 

9 be available for the same purposes as the authoriza10 tion to which transferred. 

11 (2) LIMITATION.—Except as provided in para12 graph (3), the total amount of authorizations that 

13 the Secretary may transfer under the authority of 

14 this section may not exceed $3,500,000,000. 

15 (3) EXCEPTION FOR TRANSFERS BETWEEN

16 MILITARY PERSONNEL AUTHORIZATIONS.—A trans17 fer of funds between military personnel authoriza18 tions under title IV shall not be counted toward the 

19 dollar limitation in paragraph (2). 

20 (b) LIMITATIONS.—The authority provided by this 

21 section to transfer authorizations— 

22 (1) may only be used to provide authority for 

23 items that have a higher priority than the items 

24 from which authority is transferred; and 


smartinez on DSKB9S0YB1PROD with BILLS
512 

HR 5136 PCS1S 

1 (2) may not be used to provide authority for an 

2 item that has been denied authorization by Con3 gress. 

4 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

5 transfer made from one account to another under the au6 thority of this section shall be deemed to increase the 

7 amount authorized for the account to which the amount 

8 is transferred by an amount equal to the amount trans9 ferred. 

10 (d) NOTICE TO CONGRESS.—The Secretary shall 

11 promptly notify Congress of each transfer made under 

12 subsection (a). 

13 SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIA14 TIONS FOR OPERATIONS IN AFGHANISTAN, 

15 IRAQ, AND HAITI FOR FISCAL YEAR 2010. 

16 In addition to the amounts otherwise authorized to 

17 be appropriated by this division, the amounts authorized 

18 to be appropriated for fiscal year 2010 in title XV of the 

19 National Defense Authorization Act for Fiscal Year 2010 

20 (Public Law 111–84) are hereby increased, with respect 

21 to any such authorized amount, as follows: 

22 (1) The amounts provided in sections 1502 

23 through 1507 of such Act for the following procure24 ment accounts are increased as follows: 


smartinez on DSKB9S0YB1PROD with BILLS
513 

HR 5136 PCS1S 

1 (A) For aircraft procurement, Army, by 

2 $182,170,000. 

3 (B) For weapons and tracked combat vehi4 cles procurement, Army, by $3,000,000. 

5 (C) For ammunition procurement, Army, 

6 by $17,055,000. 

7 (D) For other procurement, Army, by 

8 $1,997,918,000. 

9 (E) For the Joint Improvised Explosive 

10 Device Defeat Fund, by $400,000,000. 

11 (F) For aircraft procurement, Navy, by 

12 $104,693,000. 

13 (G) For other procurement, Navy, by 

14 $15,000,000. 

15 (H) For procurement, Marine Corps, by 

16 $18,927,000. 

17 (I) For aircraft procurement, Air Force, by 

18 $209,766,000. 

19 (J) For ammunition procurement, Air 

20 Force, by $5,000,000. 

21 (K) For other procurement, Air Force, by 

22 $576,895,000. 

23 (L) For the Mine Resistant Ambush Pro24 tected Vehicle Fund, by $1,123,000,000. 


smartinez on DSKB9S0YB1PROD with BILLS
514 

HR 5136 PCS1S 

1 (M) For defense-wide activities, by 

2 $189,276,000. 

3 (2) The amounts provided in section 1508 of 

4 such Act for research, development, test, and evalua5 tion are increased as follows: 

6 (A) For the Army, by $61,962,000. 

7 (B) For the Navy, by $5,360,000. 

8 (C) For the Air Force, by $187,651,000. 

9 (D) For defense-wide activities, by 

10 $22,138,000. 

11 (3) The amounts provided in sections 1509, 

12 1511, 1513, 1514, and 1515 of such Act for oper13 ation and maintenance are increased as follows: 

14 (A) For the Army, by $11,700,965,000. 

15 (B) For the Navy, by $2,428,702,000. 

16 (C) For the Marine Corps, by 

17 $1,090,873,000. 

18 (D) For the Air Force, by $3,845,047,000. 

19 (E) For defense-wide activities, by 

20 $1,188,421,000. 

21 (F) For the Army Reserve, by 

22 $67,399,000. 

23 (G) For the Navy Reserve, by 

24 $61,842,000. 


smartinez on DSKB9S0YB1PROD with BILLS
515 

HR 5136 PCS1S 

1 (H) For the Marine Corps Reserve, by 

2 $674,000. 

3 (I) For the Air Force Reserve, by 

4 $95,819,000. 

5 (J) For the Army National Guard, by 

6 $171,834,000. 

7 (K) For the Air National Guard, by 

8 $161,281,000. 

9 (L) For the Defense Health Program, by 

10 $33,367,000. 

11 (M) For Drug Interdiction and 

12 Counterdrug Activities, Defense-wide, by 

13 $94,000,000. 

14 (N) For the Afghanistan Security Forces 

15 Fund, by $2,604,000,000. 

16 (O) For the Iraq Security Forces Fund, by 

17 $1,000,000,000. 

18 (P) For Overseas Humanitarian, Disaster 

19 and Civic Aid, by $255,000,000. 

20 (Q) For Overseas Contingency Operations 

21 Transfer Fund, by $350,000,000. 

22 (R) For Working Capital Funds, by 

23 $974,967,000. 


smartinez on DSKB9S0YB1PROD with BILLS
516 

HR 5136 PCS1S 

1 (4) The amount provided in section 1512 of 

2 such Act for military personnel accounts is increased 

3 by $1,895,761,000. 

4 SEC. 1003. BUDGETARY EFFECTS OF THIS ACT. 

5 The budgetary effects of this Act, for the purpose of 

6 complying with the Statutory Pay-As-You-Go Act of 2010, 

7 shall be determined by reference to the latest statement 

8 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

9 Act, submitted for printing in the Congressional Record 

10 by the Chairman of the Committee on the Budget of the 

11 House of Representatives, as long as such statement has 

12 been submitted prior to the vote on passage of this Act. 

13 Subtitle B—Counter-Drug 

14 Activities 

15 SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTER16 RORISM CAMPAIGN IN COLOMBIA. 

17 Section 1021 of the Ronald W. Reagan National De18 fense Authorization Act for Fiscal Year 2005 (Public Law 

19 108–375; 118 Stat. 2042), as most recently amended by 

20 section 1011 of the National Defense Authorization Act 

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

22 2441), is further amended— 

23 (1) in subsection (a), by striking ‘‘2010’’ and 

24 inserting ‘‘2011’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
517 

HR 5136 PCS1S 

1 (2) in subsection (c), by striking ‘‘2010’’ and 

2 inserting ‘‘2011’’. 

3 SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW EN4 FORCEMENT AGENCIES CONDUCTING 

5 COUNTERTERRORISM ACTIVITIES. 

6 Section 1022(b) of the National Defense Authoriza7 tion Act for Fiscal Year 2004 (Public Law 108–136; 10 

8 U.S.C. 371 note), as most recently amended by section 

9 1012 of the National Defense Authorization Act for Fiscal 

10 Year 2010 (Public Law 111–84; 123 Stat. 2441), is fur11 ther amended by striking ‘‘2010’’ and inserting ‘‘2011’’. 

12 SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES 

13 TO SUPPORT FOREIGN COUNTER-DRUG AC14 TIVITIES. 

15 Section 1022(a) of the Floyd D. Spence National De16 fense Authorization Act for Fiscal Year 2001 (as enacted 

17 into law by Public Law 106–398; 114 Stat. 1654A–255), 

18 as most recently amended by section 1013 of the National 

19 Defense Authorization Act for Fiscal Year 2010 (Public 

20 Law 111–84; 123 Stat. 2442), is further amended by 

21 striking ‘‘February 15, 2010’’ and inserting ‘‘February 

22 15, 2011’’. 


smartinez on DSKB9S0YB1PROD with BILLS
518 

HR 5136 PCS1S 

1 SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF 

2 CERTAIN FOREIGN GOVERNMENTS. 

3 (a) IN GENERAL.—Subsection (a)(2) section 1033 of 

4 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 ‘‘2011’’. 

10 (b) MAXIMUM AMOUNT OF SUPPORT.—Subsection 

11 (e)(2) of such section is amended by striking ‘‘fiscal years 

12 2009 and 2010’’ and inserting ‘‘fiscal years 2010 and 

13 2011’’. 

14 Subtitle C—Naval Vessels and 

15 Shipyards 

16 SEC. 1021. REQUIREMENTS FOR LONG-RANGE PLAN FOR 

17 CONSTRUCTION OF NAVAL VESSELS. 

18 (a) IN GENERAL.—Section 231 of title 10, United 

19 States Code, is amended to read as follows: 

20 ‘‘§ 231. Long-range plan for construction of naval ves21 sels 

22 ‘‘(a) QUADRENNIAL NAVAL VESSEL CONSTRUCTION

23 PLAN.—At the same time that the budget of the President 

24 is submitted under section 1105(a) of title 31 during each 

25 year in which the Secretary of Defense submits a quadren26 nial defense review, the Secretary of the Navy shall submit 


smartinez on DSKB9S0YB1PROD with BILLS
519 

HR 5136 PCS1S 

1 to the congressional defense committees a long-range plan 

2 for the construction of combatant and support vessels for 

3 the Navy that supports the force structure recommenda4 tions of the quadrennial defense review. 

5 ‘‘(b) MATTERS INCLUDED.—The plan under sub6 section (a) shall include the following: 

7 ‘‘(1) A detailed construction schedule of naval 

8 vessels for the 10-year period beginning on the date 

9 on which the plan is submitted, including a certifi10 cation by the Secretary that the budget for the fiscal 

11 year in which the plan is submitted and the budget 

12 for the future-years defense program submitted 

13 under section 221 of this title are sufficient for 

14 funding such schedule. 

15 ‘‘(2) A probable construction schedule for the 

16 10-year period beginning on the date that is 10 

17 years after the date on which the plan is submitted. 

18 ‘‘(3) A notional construction schedule for the 

19 10-year period beginning on the date that is 20 

20 years after the date on which the plan is submitted. 

21 ‘‘(4) The estimated levels of annual funding 

22 necessary to carry out the construction schedules 

23 under paragraphs (1), (2), and (3). 

24 ‘‘(5) For the construction schedules under para25 graphs (1) and (2)— 


smartinez on DSKB9S0YB1PROD with BILLS
520 

HR 5136 PCS1S 

1 ‘‘(A) a determination by the Director of 

2 Cost Assessment and Program Evaluation of 

3 the level of funding necessary to execute such 

4 schedules; and 

5 ‘‘(B) an evaluation by the Director of the 

6 potential risk associated with such schedules, 

7 including detailed effects on operational plans, 

8 missions, deployment schedules, and fulfillment 

9 of the requirements of the combatant com10 manders. 

11 ‘‘(c) NAVAL COMPOSITION.—In submitting the plan 

12 under subsection (a), the Secretary shall ensure that such 

13 plan— 

14 ‘‘(1) is in accordance with section 5062(b) of 

15 this title; and 

16 ‘‘(2) phases the construction of new aircraft 

17 carriers during the periods covered by such plan in 

18 a manner that minimizes the total cost for procure19 ment for such vessels. 

20 ‘‘(d) ASSESSMENT WHEN BUDGET IS INSUFFI21 CIENT.—If the budget for a fiscal year provides for fund22 ing of the construction of naval vessels at a level that is 

23 less than the level determined necessary by the Director 

24 of Cost Assessment and Program Evaluation under sub25 section (b)(5), the Secretary of the Navy shall include with 


smartinez on DSKB9S0YB1PROD with BILLS
521 

HR 5136 PCS1S 

1 the defense budget materials for that fiscal year an assess2 ment that describes and discusses the risks associated 

3 with the budget, including the risk associated with a re4 duced force structure that may result from funding naval 

5 vessel construction at such a level. 

6 ‘‘(e) CBO EVALUATION.—Not later than 60 days 

7 after the date on which the congressional defense commit8 tees receive the plan under subsection (a), the Director 

9 of the Congressional Budget Office shall submit to such 

10 committees a report assessing the sufficiency of the con11 struction schedules and the estimated levels of annual 

12 funding included in such plan with respect to the budget 

13 submitted during the year in which the plan is submitted 

14 and the future-years defense program submitted under 

15 section 221 of this title. 

16 ‘‘(f) CHANGES TO THE CONSTRUCTION PLAN.—In 

17 any year in which a quadrennial defense review is not sub18 mitted, the Secretary of the Navy may not modify the con19 struction schedules submitted in the plan under subsection 

20 (a) unless— 

21 ‘‘(1) the modification is an increase in planned 

22 ship construction; 

23 ‘‘(2) the modification is a realignment of less 

24 than one year of construction start dates in the fu25 ture-years defense plan submitted under section 221 


smartinez on DSKB9S0YB1PROD with BILLS
522 

HR 5136 PCS1S 

1 of this title and the Secretary submits to the con2 gressional defense committees a report on such 

3 modification, including— 

4 ‘‘(A) the reasons for realignment; 

5 ‘‘(B) any increased cost that will be in6 curred by the Navy because of the realignment; 

7 and 

8 ‘‘(C) an assessment of the effects that the 

9 realignment will have on the shipbuilding indus10 trial base, including the secondary supply base; 

11 or 

12 ‘‘(3) the modification is a decrease in the num13 ber or type of combatant and support vessels of the 

14 Navy and the Secretary submits to the congressional 

15 defense committees a report on such modification, 

16 including— 

17 ‘‘(A) an addendum to the most recent 

18 quadrennial defense review that fully explains 

19 and justifies the decrease with respect to the 

20 national security strategy of the United States 

21 as set forth in the most recent national security 

22 strategy report of the President under section 

23 108 of the National Security Act of 1947 (50 

24 U.S.C. 404a); and 


smartinez on DSKB9S0YB1PROD with BILLS
523 

HR 5136 PCS1S 

1 ‘‘(B) a description of the additional reviews 

2 and analyses considered by the Secretary after 

3 the previous quadrennial defense review was 

4 submitted that justify the decrease. 

5 ‘‘(g) DEFINITIONS.—In this section: 

6 ‘‘(1) The term ‘budget’, with respect to a fiscal 

7 year, means the budget for that fiscal year that is 

8 submitted to Congress by the President under sec9 tion 1105(a) of title 31. 

10 ‘‘(2) The term ‘defense budget materials’, with 

11 respect to a fiscal year, means the materials sub12 mitted to Congress by the Secretary of Defense in 

13 support of the budget for that fiscal year. 

14 ‘‘(3) The term ‘quadrennial defense review’ 

15 means the review of the defense programs and poli16 cies of the United States that is carried out every 

17 four years under section 118 of this title.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 9 of such title is amended by 

20 striking the item relating to section 231 and inserting the 

21 following new item: 

‘‘231. Long-range plan for construction of naval vessels.’’. 

22 SEC. 1022. REQUIREMENTS FOR THE DECOMMISSIONING 

23 OF NAVAL VESSELS. 

24 (a) NOTICE OF DECOMMISSIONING.—The Secretary 

25 of the Navy may not decommission any battle force vessel 


smartinez on DSKB9S0YB1PROD with BILLS
524 

HR 5136 PCS1S 

1 of the active fleet of the Navy unless the Secretary pro2 vides to the congressional defense committees written noti3 fication of such decommissioning in accordance with estab4 lished procedures. 

5 (b) CONTENT OF NOTIFICATION.—Any notification 

6 provided under subsection (a) shall include each of the fol7 lowing: 

8 (1) The reasons for the proposed decommis9 sioning of the vessel. 

10 (2) An analysis of the effect the decommis11 sioning would be likely to have on the deployment 

12 schedules of other vessels in the same class as the 

13 vessel proposed to be decommissioned. 

14 (3) A certification from the Chairman of the 

15 Joint Chiefs of Staff that the decommissioning of 

16 the vessel will not adversely affect the requirements 

17 of the combatant commanders to fulfill missions crit18 ical to national security. 

19 (4) Any budgetary implications associated with 

20 retaining the vessel in commission, expressed for 

21 each applicable appropriation account. 

22 SEC. 1023. REQUIREMENTS FOR THE SIZE OF THE NAVY 

23 BATTLE FORCE FLEET. 

24 (a) LIMITATION ON DECOMMISSIONING.—Until the 

25 number of vessels in the battle force fleet of the Navy 


smartinez on DSKB9S0YB1PROD with BILLS
525 

HR 5136 PCS1S 

1 reaches 313 vessels, the Secretary of the Navy shall not 

2 decommission, in fiscal year 2011 or any subsequent fiscal 

3 year, more than two-thirds of the number of vessels slated 

4 for commissioning into the battle force fleet for that fiscal 

5 year. 

6 (b) TREATMENT OF SUBMARINES.—For purposes of 

7 subsection (a), submarines of the battle force fleet slated 

8 for decommissioning for any fiscal year shall not count 

9 against the number of vessels the Secretary of the Navy 

10 is required to maintain for that fiscal year. 

11 SEC. 1024. RETENTION AND STATUS OF CERTAIN NAVAL 

12 VESSELS. 

13 The Secretary of the Navy shall retain the vessels the 

14 U.S.S. Nassau (LHA 4) and the U.S.S. Peleliu (LHA 5), 

15 in a commissioned and operational status, until the deliv16 ery to the Navy of the vessels the U.S.S. America (LHA 

17 6) and the vessel designated as LHA 7, respectively. 

18 SEC. 1025. EXPRESSING THE SENSE OF CONGRESS REGARD19 ING THE NAMING OF A NAVAL COMBAT VES20 SEL AFTER FATHER VINCENT CAPODANNO. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) Father Vincent Capodanno was born on 

24 February 13, 1929, in Staten Island, New York. 


smartinez on DSKB9S0YB1PROD with BILLS
526 

HR 5136 PCS1S 

1 (2) After attending Fordham University for a 

2 year, he entered the Maryknoll Missionary Seminary 

3 in upstate New York in 1949, and was ordained a 

4 Catholic priest in June 1957. 

5 (3) Father Capodanno’s first assignment as a 

6 missionary was working with aboriginal Taiwanese 

7 people in the mountains of Taiwan where he served 

8 in a parish and later in a school. After several years, 

9 Father Capodanno returned to the United States for 

10 leave and then was assigned to a Maryknoll school 

11 in Hong Kong. 

12 (4) Father Vincent Capodanno volunteered as a 

13 Navy Chaplain and was commissioned a Lieutenant 

14 in the Chaplain Corps of the United States Naval 

15 Reserve in December 28, 1965. 

16 (5) Father Vincent Capodanno selflessly ex17 tended his combat tour in Vietnam on the condition 

18 he was allowed to remain with the infantry. 

19 (6) On September 4, 1967, during a fierce bat20 tle in the Thang Binh District of the Que-Son Valley 

21 in Vietnam, Father Capodanno went among the 

22 wounded and dying, giving last rites and caring for 

23 the injured. He was killed that day while taking care 

24 of his Marines. 


smartinez on DSKB9S0YB1PROD with BILLS
527 

HR 5136 PCS1S 

1 (7) On January 7, 1969, Father Vincent 

2 Capodanno was awarded the Medal of Honor post3 humously for comforting the wounded and dying 

4 during the Vietnam conflict. For his dedicated serv5 ice, Father Capodanno was also awarded the Bronze 

6 Star, the Purple Heart, the Presidential Unit Cita7 tion, the National Defense Service Medal, the Viet8 nam Service Medal, the Vietnam Gallantry Cross 

9 with Palm, and the Vietnam Campaign Medal. 

10 (8) In his memory, the U.S.S. Capodanno was 

11 commissioned on September 17, 1973. It is the only 

12 Naval vessel to date to have received a Papal bless13 ing by Pope John Paul II in Naples, Italy, on Sep14 tember 4, 1981. 

15 (9) The U.S.S. Capodanno was decommissioned 

16 on July 30, 1993. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Secretary of the Navy should name a com19 bat vessel of the United States Navy the ‘‘U.S.S. Father 

20 Vincent Capodanno’’, in honor of Father Vincent 

21 Capodanno, a lieutenant in the Navy Chaplain Corps. 


smartinez on DSKB9S0YB1PROD with BILLS
528 

HR 5136 PCS1S 

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 may be used to transfer, release, or assist in the 

13 transfer or release to or within the United States, its terri14 tories, or possessions of Khalid Sheikh Mohammed or any 

15 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. 


smartinez on DSKB9S0YB1PROD with BILLS
529 

HR 5136 PCS1S 

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.—The Secretary of Defense may not 

7 use any of the amounts authorized to be appropriated by 

8 this Act or otherwise available to the Department of De9 fense to transfer any individual detained at Guantanamo 

10 to the custody or effective control of the individual’s coun11 try of origin, to any other foreign country, or to any other 

12 foreign entity unless the Secretary submits to Congress 

13 the certification described in subsection (b) by not later 

14 than 30 days before the transfer of the individual. 

15 (b) CERTIFICATION.—The certification described in 

16 this subsection is a written certification made by the Sec17 retary of Defense, with concurrence of the Secretary of 

18 State, that the government of the foreign country or the 

19 recognized leadership of the foreign entity to which the 

20 individual detained at Guantanamo is to be transferred— 

21 (1) is not a designated state sponsor of ter22 rorism or a designated foreign terrorist organization; 

23 (2) maintains effective control over each deten24 tion facility in which an individual is to be detained 

25 if the individual is to be housed in a detention facil26 ity; 


smartinez on DSKB9S0YB1PROD with BILLS
530 

HR 5136 PCS1S 

1 (3) is not, as of the date of the certification, 

2 facing a threat that is likely to substantially affect 

3 its ability to exercise control over the individual; 

4 (4) has agreed to take effective steps to ensure 

5 that the individual cannot take action to threaten 

6 the United States, its citizens, or its allies in the fu7 ture; 

8 (5) has taken such steps as the Secretary deter9 mines are necessary to ensure that the individual 

10 cannot engage or re-engage in any terrorist activity; 

11 and 

12 (6) has agreed to share any information with 

13 the United States that— 

14 (A) is related to the individual or any asso15 ciates of the individual; and 

16 (B) could affect the security of the United 

17 States, its citizens, or its allies. 

18 (c) PROHIBITION AND WAIVER IN CASES OF PRIOR

19 CONFIRMED RECIDIVISM.— 

20 (1) PROHIBITION.—The Secretary of Defense 

21 may not use any amount authorized to be appro22 priated or otherwise made available to the Depart23 ment of Defense to transfer any individual detained 

24 at Guantanamo to the custody of the individual’s 

25 country of origin, to any other foreign country, or to 


smartinez on DSKB9S0YB1PROD with BILLS
531 

HR 5136 PCS1S 

1 any other foreign entity if there is a confirmed case 

2 of any individual who was detained at United States 

3 Naval Station, Guantanamo Bay, Cuba, at any time 

4 after September 11, 2001, who was transferred to 

5 the foreign country or entity and subsequently en6 gaged in any terrorist activity. 

7 (2) WAIVER.—The Secretary of Defense may 

8 waive the prohibition in paragraph (1) if the Sec9 retary determines that such a transfer is in the na10 tional security interests of the United States and in11 cludes, as part of the certification described in sub12 section (b) relating to such transfer, the determina13 tion of the Secretary under this paragraph. 

14 (d) DEFINITIONS.—For the purposes of this section: 

15 (1) The term ‘‘individual detained at Guanta16 namo’’ means any individual who is located at 

17 United States Naval Station, Guantanamo Bay, 

18 Cuba, as of October 1, 2009, who— 

19 (A) is not a citizen of the United States or 

20 a member of the Armed Forces of the United 

21 States; and 

22 (B) is— 

23 (i) in the custody or under the effec24 tive control of the Department of Defense; 

25 or 


smartinez on DSKB9S0YB1PROD with BILLS
532 

HR 5136 PCS1S 

1 (ii) otherwise under detention at 

2 United States Naval Station, Guantanamo 

3 Bay, Cuba. 

4 (2) The term ‘‘foreign terrorist organization’’ 

5 means any organization so designated by the Sec6 retary of State under section 219 of the Immigra7 tion and Nationality Act (8 U.S.C. 1189). 

8 SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MOD9 IFY OR CONSTRUCT FACILITIES IN THE 

10 UNITED STATES TO HOUSE DETAINEES 

11 TRANSFERRED FROM UNITED STATES NAVAL 

12 STATION, GUANTANAMO BAY, CUBA. 

13 (a) IN GENERAL.—None of the funds authorized to 

14 be appropriated by this Act may be used to construct or 

15 modify any facility in the United States, its territories, 

16 or possessions to house any individual described in sub17 section (c) for the purposes of detention or imprisonment 

18 in the custody or under the effective control of the Depart19 ment of Defense. 

20 (b) EXCEPTION.—The prohibition in subsection (a) 

21 shall not apply to any modification of facilities at United 

22 States Naval Station, Guantanamo Bay, Cuba. 

23 (c) INDIVIDUALS DESCRIBED.—An individual de24 scribed in this subsection is any individual who, as of OcVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
533 

HR 5136 PCS1S 

1 tober 1, 2009, is located at United States Naval Station, 

2 Guantanamo Bay, Cuba, and who— 

3 (1) is not a citizen of the United States or a 

4 member of the Armed Forces of the United States; 

5 and 

6 (2) is— 

7 (A) in the custody or under the effective 

8 control of the Department of Defense; or 

9 (B) otherwise under detention at United 

10 States Naval Station, Guantanamo Bay, Cuba. 

11 (d) REPORT ON USE OF FACILITIES IN THE UNITED

12 STATES TO HOUSE DETAINEES TRANSFERRED FROM

13 GUANTANAMO.— 

14 (1) REPORT REQUIRED.—Not later than April 

15 1, 2011, the Secretary of Defense shall submit to 

16 the congressional defense committees a report, in 

17 classified or unclassified form, on the merits, costs, 

18 and risks of using any proposed facility in the 

19 United States, its territories, or possessions to house 

20 any individual described in subsection (c) for the 

21 purposes of detention or imprisonment in the cus22 tody or under the effective control of the Depart23 ment of Defense. 


smartinez on DSKB9S0YB1PROD with BILLS
534 

HR 5136 PCS1S 

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. 


smartinez on DSKB9S0YB1PROD with BILLS
535 

HR 5136 PCS1S 

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 


smartinez on DSKB9S0YB1PROD with BILLS
536 

HR 5136 PCS1S 

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 standoff distances for buildings. 

22 (3) Protective standards relating to chemical, 

23 biological, radiological, nuclear, and high explosives 

24 threats. 


smartinez on DSKB9S0YB1PROD with BILLS
537 

HR 5136 PCS1S 

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— 

13 (A) information from the intelligence or 

14 law enforcement community regarding possible 

15 contacts with terrorists or terrorist groups, 

16 criminal organizations, or other state and non17 state foreign entities actively working to under18 mine the security interests of the United States; 

19 and 

20 (B) personnel records or other derogatory 

21 information regarding potentially suspicious ac22 tivities. 

23 (8) Any legislative changes recommended for 

24 implementing the recommendations contained in the 

25 review. 


smartinez on DSKB9S0YB1PROD with BILLS
538 

HR 5136 PCS1S 

1 (c) INTERIM REPORT.—Not later than March 1, 

2 2011, the Secretary of Defense shall submit an interim 

3 report on the comprehensive report required under sub4 section (a). 

5 (d) FINAL REPORT.—Not later than June 1, 2011, 

6 the Secretary of Defense shall submit to the Committees 

7 on Armed Services of the Senate and House of Represent8 atives a final report on the comprehensive review required 

9 under subsection (a). The final report shall include such 

10 findings and recommendations as the Secretary considers 

11 appropriate based on the review, including recommended 

12 actions to be taken to implement the specific recommenda13 tions in the final report. The final report shall be sub14 mitted in an unclassified format, but may include a classi15 fied annex. 

16 SEC. 1036. FORT HOOD FOLLOW-ON REVIEW IMPLEMENTA17 TION FUND. 

18 (a) ESTABLISHMENT OF FUND.—Of the amounts au19 thorized to be appropriated under section 301(5), the Sec20 retary of Defense shall deposit $100,000,000 into a fund 

21 to be known as the ‘‘Fort Hood Follow-on Review Imple22 mentation Fund’’. Amounts deposited in the Fund shall 

23 be available to the Secretary to address the recommenda24 tions contained in the review known as the ‘‘Fort Hood 

25 Follow-on Review’’. 


smartinez on DSKB9S0YB1PROD with BILLS
539 

HR 5136 PCS1S 

1 (b) TRANSFER AUTHORITY.— 

2 (1) TRANSFERS AUTHORIZED.—Amounts in the 

3 Fort Hood Follow-on Review Implementation Fund 

4 may be transferred to any of the following accounts 

5 and funds of the Department of Defense for the pur6 pose of addressing any of the recommendations con7 tained the Fort Hood Follow-on Review: 

8 (A) Military personnel accounts. 

9 (B) Operation and maintenance accounts. 

10 (C) Procurement accounts. 

11 (D) Research, development, test, and eval12 uation accounts. 

13 (E) Defense working capital funds. 

14 (F) Defense Health Program accounts. 

15 (2) ADDITIONAL TRANSFER AUTHORITY.—The 

16 transfer authority provided by paragraph (1) is in 

17 addition to any other transfer authority available to 

18 the Department of Defense. 

19 (3) TRANSFERS BACK TO THE FUND.—Upon 

20 the Secretary’s determination that all or part of the 

21 funds transferred from the Fort Hood Follow-on Re22 view Implementation Fund under paragraph (1) are 

23 not necessary for the purpose for which such funds 

24 were transferred, such funds may be transferred 

25 back to the Fund. 


smartinez on DSKB9S0YB1PROD with BILLS
540 

HR 5136 PCS1S 

1 (4) PRIOR NOTICE TO CONGRESSIONAL COMMIT2 TEES.— 

3 (A) OBLIGATIONS.—No amount may be 

4 obligated from the Fort Hood Follow-on Review 

5 Implementation Fund until 30 days after the 

6 date on which the Secretary of Defense notifies 

7 the congressional defense committees, in writ8 ing, of the details of the proposed obligation. 

9 (B) TRANSFERS.—No amount may be 

10 transferred under paragraph (1) until 45 days 

11 after the date on which the Secretary of De12 fense notifies the congressional defense commit13 tees, in writing, of the details of the proposed 

14 transfer. 

15 (5) EFFECT ON AUTHORIZATION AMOUNTS.—A 

16 transfer to any account under paragraph (1) shall be 

17 deemed to increase the amount authorized to be ap18 propriated for such account for fiscal year 2011 by 

19 an amount equal to the amount so transferred. 

20 (c) QUARTERLY OBLIGATION AND EXPENDITURE

21 REPORTS.—Not later than 15 days after the end of each 

22 fiscal quarter of fiscal year 2011, the Secretary of Defense 

23 shall submit to the congressional defense committees a re24 port on the Fort Hood Follow-on Review Implementation 

25 Fund. Such reports shall include explanations of the 


smartinez on DSKB9S0YB1PROD with BILLS
541 

HR 5136 PCS1S 

1 monthly commitments, obligations, and expenditures of 

2 such Fund, expressed by line of action, for the fiscal quar3 ter covered by the report. 

4 SEC. 1037. INSPECTOR GENERAL INVESTIGATION OF THE 

5 CONDUCT AND PRACTICES OF LAWYERS REP6 RESENTING INDIVIDUALS DETAINED AT 

7 NAVAL STATION, GUANTANAMO BAY, CUBA. 

8 (a) IN GENERAL.—The Inspector General of the De9 partment of Defense shall conduct an investigation of the 

10 conduct and practices of lawyers described in subsection 

11 (b). In conducting such investigation, the Inspector Gen12 eral shall— 

13 (1) identify any conduct or practice of such a 

14 lawyer that has— 

15 (A) interfered with the operations of the 

16 Department of Defense at Naval Station, Guan17 tanamo Bay, Cuba, relating to individuals de18 scribed in subsection (c); 

19 (B) violated any applicable policy of the 

20 Department; 

21 (C) violated any law of the United States; 

22 or 

23 (D) generated any material risk to a mem24 ber of the Armed Forces of the United States; 


smartinez on DSKB9S0YB1PROD with BILLS
542 

HR 5136 PCS1S 

1 (2) identify any actions taken by the Depart2 ment to address any conduct or practice identified in 

3 paragraph (1); and 

4 (3) determine whether any such conduct or 

5 practice undermines the operations of the Depart6 ment relating to such individuals. 

7 (b) LAWYERS DESCRIBED.—The lawyers described in 

8 this subsection are military and non-military lawyers— 

9 (1) who represent individuals described in sub10 section (c) in proceedings relating to petitions for 

11 habeas corpus or in military commissions; and 

12 (2) for whom there is reasonable suspicion that 

13 they have engaged in conduct or practices described 

14 in subsection (a)(1). 

15 (c) INDIVIDUALS DESCRIBED.—An individual de16 scribed in this subsection is any individual who is located, 

17 or who has been located at any time on or after September 

18 11, 2001, at United States Naval Station, Guantanamo 

19 Bay, Cuba, and who— 

20 (1) is not a citizen of the United States or a 

21 member of the Armed Forces of the United States; 

22 and 

23 (2) is or was— 

24 (A) in the custody or under the effective 

25 control of the Department of Defense; or 


smartinez on DSKB9S0YB1PROD with BILLS
543 

HR 5136 PCS1S 

1 (B) otherwise under detention at the 

2 United States Naval Station, Guantanamo Bay, 

3 Cuba. 

4 (d) REPORT.—Not later than 90 days after the date 

5 of the completion of an investigation under subsection (a), 

6 the Inspector General shall submit to the Committees on 

7 Armed Services of the Senate and House of Representa8 tives a report describing the results of such investigation. 

9 (e) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed as authorizing the public disclosure 

11 of information that is— 

12 (1) specifically prohibited from disclosure by 

13 any other provision of law; 

14 (2) specifically required by Executive order to 

15 be protected from disclosure in the interest of na16 tional defense or national security; or 

17 (3) a part of an ongoing criminal investigation. 

18 SEC. 1038. PROHIBITION ON USE OF FUNDS TO GIVE MI19 RANDA WARNINGS TO AL QAEDA TERROR20 ISTS. 

21 None of the funds authorized to be appropriated in 

22 this Act or otherwise made available to the Department 

23 of Defense shall be used in violation of section 1040 of 

24 the National Defense Authorization Act for Fiscal Year 


smartinez on DSKB9S0YB1PROD with BILLS
544 

HR 5136 PCS1S 

1 2010 (Public Law 111–84; 123 Stat. 2454; 10 U.S.C. 801 

2 note). 

3 Subtitle E—Studies and Reports 

4 SEC. 1041. DEPARTMENT OF DEFENSE AEROSPACE-RE5 LATED MISHAP SAFETY INVESTIGATION RE6 PORTS. 

7 (a) PROVISION OF BRIEFINGS.—Not later than 30 

8 days after the submittal of a written request by the chair9 man and ranking member of any of the congressional de10 fense committees, the Secretary of a military department 

11 shall provide to that committee a briefing on the privileged 

12 findings, causal factors, and recommendations contained 

13 in a specific Department of Defense aerospace-related mis14 hap safety investigation report. 

15 (b) BRIEFING ATTENDANCE.—A briefing provided 

16 under subsection (a) may be attended only by the following 

17 individuals: 

18 (1) The chairman of the congressional defense 

19 committee for which the briefing is provided. 

20 (2) The ranking member of that committee. 

21 (3) The chairmen and ranking members of any 

22 subcommittees of that committee that the committee 

23 chairman and ranking member jointly designate as 

24 having jurisdiction over information contained in the 

25 briefing. 


smartinez on DSKB9S0YB1PROD with BILLS
545 

HR 5136 PCS1S 

1 (4) Not more than four professional staff mem2 bers designated jointly by the chairman and ranking 

3 member of the committee. 

4 (c) AVAILABILITY OF REPORTS.—During a briefing 

5 provided under subsection (a), two copies of the privileged 

6 version of the mishap safety investigation report that is 

7 the subject of the briefing shall be made available for re8 view by each of the individuals who attend the briefing 

9 pursuant to subsection (b). Each copy of the report shall 

10 be returned to the Department of Defense at the conclu11 sion of the briefing. 

12 (d) DEPARTMENT OF DEFENSE AEROSPACE-RE13 LATED MISHAP REPORTING REQUIREMENT.—The chair14 person who is appointed by the Secretary of a military 

15 department for the purpose of conducting an aerospace16 related mishap safety board investigation, shall include as 

17 an addendum in the privileged safety report a discussion— 

18 (1) comparing and contrasting all of the find19 ings, causal factors, and recommendations contained 

20 in the non-privileged, publicly-released version of the 

21 aerospace-related mishap investigation report; 

22 (2) describing how such findings, causal factors, 

23 and recommendations differ from the findings, caus24 al factors, and recommendations contained in the 

25 privileged version of the safety report; and 


smartinez on DSKB9S0YB1PROD with BILLS
546 

HR 5136 PCS1S 

1 (3) the rationale that justifies any such dif2 ferences. 

3 SEC. 1042. INTERAGENCY NATIONAL SECURITY KNOWL4 EDGE AND SKILLS. 

5 (a) STUDY REQUIRED.— 

6 (1) SELECTION OF INDEPENDENT STUDY ORGA7 NIZATION.—Not later than 60 days after the date of 

8 the enactment of this Act, the Secretary of Defense 

9 shall select and enter into an agreement with an ap10 propriate independent, nonprofit organization to 

11 conduct a study of the matters described in sub12 section (b). 

13 (2) QUALIFICATIONS OF ORGANIZATION SE14 LECTED.—The organization selected shall be quali15 fied on the basis of having performed related prior 

16 work in the fields of national security and human 

17 capital development, and on the basis of such other 

18 criteria as the Secretary of Defense may determine. 

19 (b) MATTERS TO BE COVERED.—The study required 

20 by subsection (a) shall assess the current state of inter21 agency national security knowledge and skills in Depart22 ment of Defense civilian and military personnel, and make 

23 recommendations for strengthening such knowledge and 

24 skills. At minimum, the study shall include assessments 

25 and recommendations on— 


smartinez on DSKB9S0YB1PROD with BILLS
547 

HR 5136 PCS1S 

1 (1) interagency national security training, edu2 cation, and rotational assignment opportunities 

3 available to civilians and military personnel; 

4 (2) integration of interagency national security 

5 education into the professional military education 

6 system; 

7 (3) level of interagency national security knowl8 edge and skills possessed by personnel currently 

9 serving in civilian executive and general or flag offi10 cer positions, as represented by the interagency edu11 cation, training, and professional experiences they 

12 have undertaken; 

13 (4) incentives that enable and encourage mili14 tary and civilian personnel to undertake interagency 

15 assignment, education, and training opportunities, 

16 as well as disincentives and obstacles that discourage 

17 undertaking such opportunities; and 

18 (5) any plans or current efforts to improve the 

19 interagency national security knowledge and skills of 

20 civilian and military personnel. 

21 (c) REPORT.—Not later than December 1, 2011, the 

22 Secretary of Defense shall submit to the congressional de23 fense committees a report containing the findings and rec24 ommendations from the study required by subsection (a). 


smartinez on DSKB9S0YB1PROD with BILLS
548 

HR 5136 PCS1S 

1 (d) DEFINITION.—In this section, the term ‘‘inter2 agency national security knowledge and skills’’ means an 

3 understanding of, and the ability to efficiently and expedi4 tiously work within, the structures, mechanisms, and proc5 esses by which the departments, agencies, and elements 

6 of the Federal Government that have national security 

7 missions coordinate and integrate their policies, capabili8 ties, budgets, expertise, and activities to accomplish such 

9 missions. 

10 SEC. 1043. REPORT ON ESTABLISHING A NORTHEAST RE11 GIONAL JOINT TRAINING CENTER. 

12 (a) REPORT REQUIRED.—Not later than 90 days 

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

14 of Defense shall submit to the congressional defense com15 mittees a report on the need for the establishment of a 

16 Northeast Regional Joint Training Center. 

17 (b) CONTENTS OF REPORT.—The report required 

18 under subsection (a) shall include each of the following: 

19 (1) A list of facilities in the Northeastern 

20 United States at which, as of the date of the enact21 ment of this Act, the Department of Defense has de22 ployed or has committed to deploying a joint train23 ing experimentation network. 

24 (2) The extent to which such facilities have suf25 ficient unused capacity and expertise to accommoVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
549 

HR 5136 PCS1S 

1 date and fully utilize a permanent joint training ex2 perimentation node. 

3 (3) A list of potential locations for the regional 

4 center discussed in the report. 

5 (c) CONSIDERATIONS WITH RESPECT TO LOCA6 TION.—In determining potential locations for the regional 

7 center of excellence to be discussed in the report required 

8 under subsection (a), the Secretary of Defense shall take 

9 into consideration Department of Defense facilities that 

10 have— 

11 (1) a workforce of skilled personnel; 

12 (2) live, virtual, and constructive training capa13 bilities, and the ability to digitally connect them and 

14 the associated battle command structure at the tac15 tical and operational levels; 

16 (3) an extensive deployment history in Oper17 ation Enduring Freedom and Operation Iraqi Free18 dom; 

19 (4) a location in the Northeastern United 

20 States; 

21 (5) an existing and permanent joint training 

22 and experimentation network node; 

23 (6) the capacity or potential capacity to accom24 modate a target training audience of up to 4000 ad25 ditional personnel; and 


smartinez on DSKB9S0YB1PROD with BILLS
550 

HR 5136 PCS1S 

1 (7) the capability to accommodate the training 

2 of current and future Army and Air Force un3 manned aircraft systems. 

4 SEC. 1044. COMPTROLLER GENERAL REPORT ON PRE5 VIOUSLY REQUESTED REPORTS. 

6 (a) REPORT REQUIRED.—Not later than March 1, 

7 2011, the Comptroller General of the United States shall 

8 submit to the Committee on Armed Services of the Senate 

9 and the Committee on Armed Services of the House of 

10 Representatives a report evaluating the sufficiency, ade11 quacy, and conclusions of following reports: 

12 (1) The report on Air Force fighter force short13 falls, as required by the report of the House of Rep14 resentatives numbered 111–166, which accompanied 

15 the National Defense Authorization Act for Fiscal 

16 Year 2010 (Public Law 111–84). 

17 (2) The report on procurement of 4.5 genera18 tion fighters, as required by section 131 of the Na19 tional Defense Authorization Act for Fiscal Year 

20 2010 (Public Law 111–84; 123 Stat. 2218). 

21 (3) The report on combat air forces restruc22 turing, as required by the report of the House of 

23 Representatives numbered 111–288, which accom24 panied the conference report for the National DeVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
551 

HR 5136 PCS1S 

1 fense Authorization Act for Fiscal Year 2010 (Pub2 lic Law 111–84). 

3 (b) MATTERS COVERED BY REPORT.—The report re4 quired by subsection (a) shall examine the potential costs 

5 and benefits of each of the following: 

6 (1) The service life extension program costs to 

7 sustain the legacy fighter fleet to meet inventory re8 quirements with an emphasis on the service life ex9 tension program compared to other options such as 

10 procurement of 4.5 generation fighters. 

11 (2) The Falcon Structural Augmentation Road12 map of F–16s, with emphasis on the cost-benefit of 

13 such effort and the effect of such efforts on the serv14 ice life of the airframes. 

15 (3) Any additional programs designed to extend 

16 the service life of legacy fighter aircraft. 

17 (c) PROHIBITION.—No fighter aircraft may be retired 

18 from the Air Force or the Air National Guard inventory 

19 in fiscal year 2011 until 180 days after the receipt by the 

20 Committee on Armed Services of the Senate and the Com21 mittee on Armed Services of the House of Representatives 

22 of the report required under subsection (a). 

23 SEC. 1045. REPORT ON NUCLEAR TRIAD. 

24 (a) REPORT.—Not later than March 1, 2011, the 

25 Secretary of Defense, in consultation with the AdminisVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
552 

HR 5136 PCS1S 

1 trator for Nuclear Security, shall submit to the congres2 sional defense committees a report on the nuclear triad. 

3 (b) MATTERS INCLUDED.—The report under sub4 section (a) shall include the following: 

5 (1) A detailed discussion of the modernization 

6 and sustainment plans for each component of the 

7 nuclear triad over the 20-year period beginning on 

8 the date of the report. 

9 (2) The funding required for each platform of 

10 the nuclear triad with respect to operations and 

11 maintenance, modernization, and replacement. 

12 (3) Any industrial capacities that the Secretary 

13 considers vital to ensure the viability of the nuclear 

14 triad. 

15 (c) NUCLEAR TRIAD DEFINED.—In this section, the 

16 term ‘‘nuclear triad’’ means the nuclear deterrent capabili17 ties of the United States composed of ballistic missile sub18 marines, land-based missiles, and strategic bombers. 

19 SEC. 1046. CYBERSECURITY STUDY AND REPORT. 

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) cybersecurity is one of the most serious na23 tional security challenges facing the United States; 

24 and 


smartinez on DSKB9S0YB1PROD with BILLS
553 

HR 5136 PCS1S 

1 (2) it is critical that the Department of Defense 

2 develop technological solutions that ensure the secu3 rity and freedom of action of the Department while 

4 operating in the cyber domain. 

5 (b) STUDY.—The Secretary of Defense shall conduct 

6 a study assessing— 

7 (1) the current use of, and potential applica8 tions of, modeling and simulation tools to identify 

9 likely cybersecurity methodologies and vulnerabilities 

10 within the Department of Defense. 

11 (2) the application of modeling and simulation 

12 technology to develop strategies and programs to 

13 deter hostile or malicious activity intended to com14 promise Department of Defense information sys15 tems. 

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

17 Secretary of Defense shall submit to the Committees on 

18 Armed Services of the House of Representatives and the 

19 Senate a report containing the results of the study con20 ducted under subsection (b), including recommendations 

21 on possible options for increasing the use of simulation 

22 tools to further strengthen the cybersecurity environment 

23 of the Department of Defense. 


smartinez on DSKB9S0YB1PROD with BILLS
554 

HR 5136 PCS1S 

1 (d) FORM.—The report required under subsection (c) 

2 shall be submitted in unclassified form, but may include 

3 a classified annex. 

4 SEC. 1047. STUDY ON COMMON ALIGNMENT OF WORLD RE5 GIONS IN DEPARTMENTS AND AGENCIES 

6 WITH INTERNATIONAL RESPONSIBILITIES. 

7 (a) STUDY REQUIRED.—The President shall commis8 sion a study to assess the need for and implications of 

9 a common alignment of world regions in the internal orga10 nization of departments and agencies of the Federal Gov11 ernment with international responsibilities. 

12 (b) PARTICIPATING DEPARTMENTS AND AGEN13 CIES.—The following departments and agencies, at a min14 imum, shall participate in the study: 

15 (1) The Department of Defense, including the 

16 combatant commands. 

17 (2) The Department of State. 

18 (3) The United States Agency for International 

19 Development. 

20 (4) The Department of Justice. 

21 (5) The Department of Commerce. 

22 (6) The Department of the Treasury. 

23 (7) The intelligence community. 

24 (8) Such other departments and agencies as the 

25 President considers appropriate. 


smartinez on DSKB9S0YB1PROD with BILLS
555 

HR 5136 PCS1S 

1 (c) COOPERATION AND ACCESS.—The heads of the 

2 departments and agencies participating in the study shall 

3 provide full cooperation with, and access to appropriate 

4 information to, the team carrying out the study. 

5 (d) MATTERS COVERED.—The study required under 

6 subsection (a) shall, at a minimum, assess— 

7 (1) the problems resulting from different geo8 graphic boundaries within the various departments 

9 and agencies; 

10 (2) potential obstacles to implementing a com11 mon alignment; 

12 (3) the advantages and disadvantages of a com13 mon alignment; and 

14 (4) impediments to interagency coordination be15 cause of differing regional authority levels. 

16 (e) REPORT.—The President shall submit to Con17 gress a report on the study required under subsection (a) 

18 not later than 180 days after the date of the enactment 

19 of this Act. 

20 SEC. 1048. REQUIRED REPORTS CONCERNING BOMBER 

21 MODERNIZATION, SUSTAINMENT, AND RE22 CAPITALIZATION EFFORTS IN SUPPORT OF 

23 THE NATIONAL DEFENSE STRATEGY. 

24 (a) AIR FORCE REPORT.— 


smartinez on DSKB9S0YB1PROD with BILLS
556 

HR 5136 PCS1S 

1 (1) REPORT REQUIRED.—Not later than 360 

2 days after the date of the enactment of this Act, the 

3 Secretary of the Air Force shall submit to the con4 gressional defense committees, the Director of the 

5 Congressional Budget Office, and the Comptroller 

6 General of the United States a report that in7 cludes— 

8 (A) a discussion of the cost, schedule, and 

9 performance of all currently planned efforts to 

10 modernize and keep viable the existing B–1, B– 

11 2, and B–52 bomber fleets and a discussion of 

12 the forecasted service-life and all sustainment 

13 challenges that the Secretary of the Air Force 

14 may confront in keeping those platforms viable 

15 until the retirement of such aircraft; 

16 (B) a discussion, presented in a compari17 son and contrast type format, of the scope of 

18 the 2007 Next-Generation Long Range Strike 

19 Analysis of Alternatives guidance and subse20 quent Analysis of Alternatives report tasked by 

21 the Under Secretary of Defense for Acquisition, 

22 Technology, and Logistics in the September 11, 

23 2006, Acquisition Decision Memorandum, as 

24 compared to the scope and directed guidance of 

25 the year 2010 Long Range Strike Study effort 


smartinez on DSKB9S0YB1PROD with BILLS
557 

HR 5136 PCS1S 

1 currently being conducted by the Under Sec2 retary of Defense for Policy and the Office of 

3 the Secretary of Defense’s Cost Assessment and 

4 Program Evaluation Office; 

5 (C) a discussion of an objectivity and suffi6 ciency review of the final report issued subse7 quent to the 2010 Long Range Strike study ef8 fort currently being conducted by the Under 

9 Secretary of Defense for Policy and the Office 

10 of the Secretary of Defense’s Cost Assessment 

11 and Program Evaluation Office; 

12 (D) a discussion of the progress of efforts 

13 to field a next generation long-range strike plat14 form, including a review of— 

15 (i) the next generation long-range 

16 strike requirements development and vali17 dation; 

18 (ii) the threshold and objective key 

19 performance parameters; 

20 (iii) the acquisition strategy, the ac21 quisition oversight strategy, projected life22 cycle costs, the cost-risk analysis, the tech23 nology readiness levels of planned capabili24 ties; and 


smartinez on DSKB9S0YB1PROD with BILLS
558 

HR 5136 PCS1S 

1 (iv) the development, testing, produc2 tion and fielding timelines; 

3 (E) a discussion of the costs, development, 

4 testing, fielding and operational employment 

5 challenges, capability gaps, limitations and 

6 shortfalls of the Secretary of Defense’s plan to 

7 field a long-range, penetrating, survivable, per8 sistent and enduring ‘‘family of systems’’ as 

9 compared to the development, testing, fielding 

10 and operational employment of a singular plat11 form that encompasses all the required afore12 mentioned characteristics; and 

13 (F) a discussion of the planning efforts for 

14 developing and fielding a transformational long15 range strike capability in the 2035 timeframe. 

16 (2) PREPARATION OF REPORT.—The report 

17 under paragraph (1) shall be prepared by the Insti18 tute for Defense Analyses and submitted to the Sec19 retary of the Air Force for submittal by the Sec20 retary in accordance with that paragraph. 

21 (b) COST ANALYSIS AND PROGRAM EVALUATION RE22 PORT.—The Director of the Cost Analysis and Program 

23 Evaluation of the Office of the Secretary of Defense shall 

24 submit to the congressional defense committees, the Direc25 tor of the Congressional Budget Office, and the CompVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
559 

HR 5136 PCS1S 

1 troller General of the United States a report that in2 cludes— 

3 (1) the assumptions and estimated life-cycle 

4 costs of the Department’s long-range, penetrating, 

5 survivable, persistent, and enduring ‘‘family of sys6 tems’’ platforms; and 

7 (2) the assumptions and estimated life-cycle 

8 costs of the Next Generation Platform program, as 

9 planned and approved by the Secretary of Defense, 

10 prior to the cancellation of the program on April 6, 

11 2009. 

12 (c) CBO REPORT.—Not later than 360 days after the 

13 date of the enactment of this Act, the Congressional Budg14 et Office shall submit to the congressional defense commit15 tees and to the Comptroller General of the United States 

16 a report that includes— 

17 (1) a life-cycle-cost analysis of the costs of mod18 ernizing and sustaining the current fleet of B–1, B– 

19 2 and B–52 bombers to meet future long-range 

20 strike requirements compared to the costs of devel21 opment, testing, fielding, and operational employ22 ment of a singular Next Generation Bomber plat23 form to replace the existing fleet of B–1, B–2 and 

24 B–52 platforms; 


smartinez on DSKB9S0YB1PROD with BILLS
560 

HR 5136 PCS1S 

1 (2) a life-cycle-cost analysis of the costs of the 

2 Secretary of Defense’s plan to field a long-range, 

3 penetrating, survivable, persistent, and enduring 

4 ‘‘family of systems’’ compared to the costs of devel5 oping, testing, fielding and operational employment 

6 of a singular Next Generation Bomber platform; 

7 (3) a life-cycle-cost analysis of the costs the 

8 Secretary of Defense’s plan to field a long-range, 

9 penetrating, survivable, persistent and enduring 

10 ‘‘family of systems’’ compared to the costs of mod11 ernizing and sustaining the current fleet of B–1, B– 

12 2 and B–52 bombers to meet future long-range 

13 strike requirements; and 

14 (4) the results of an objectivity and sufficiency 

15 review of the cost analysis described in subsection 

16 (b)(1). 

17 (d) ACCESS TO PROGRAMMATIC INFORMATION.— 

18 (1) IN GENERAL.—The Secretary of Defense 

19 and the Secretary of the Air Force shall provide 

20 prompt access to programmatic information re21 quested by agency personnel for the purpose of pro22 ducing a report required under this section, includ23 ing any and all classified information pertaining to 

24 the Department’s ‘‘family of systems’’ programs. 


smartinez on DSKB9S0YB1PROD with BILLS
561 

HR 5136 PCS1S 

1 (2) PROMPT ACCESS DEFINED.—For purposes 

2 of paragraph (1), the term ‘‘prompt access’’ means 

3 access provided not later than 15 business days after 

4 receiving a request. 

5 Subtitle F—Other Matters 

6 SEC. 1051. NATIONAL DEFENSE PANEL. 

7 Subsection (f) of section 118 of title 10, United 

8 States Code, is amended to read as follows: 

9 ‘‘(f) NATIONAL DEFENSE PANEL.— 

10 ‘‘(1) ESTABLISHMENT.—Not later than Feb11 ruary 1 of a year in which a quadrennial defense re12 view is conducted under this section, there shall be 

13 established a bipartisan, independent panel to be 

14 known as the National Defense Panel (in this sec15 tion referred to as the ‘Panel’). The Panel shall have 

16 the duties set forth in this subsection. 

17 ‘‘(2) MEMBERSHIP.—The Panel shall be com18 posed of ten members who are recognized experts in 

19 matters relating to the national security of the 

20 United States. Eight of the members shall be ap21 pointed as follows: 

22 ‘‘(A) Two by the chairman of the Com23 mittee on Armed Services of the House of Rep24 resentatives. 


smartinez on DSKB9S0YB1PROD with BILLS
562 

HR 5136 PCS1S 

1 ‘‘(B) Two by the chairman of the Com2 mittee on Armed Services of the Senate. 

3 ‘‘(C) Two by the ranking member of the 

4 Committee on Armed Services of the House of 

5 Representatives. 

6 ‘‘(D) Two by the ranking member of the 

7 Committee on Armed Services of the Senate. 

8 ‘‘(3) CO-CHAIRS OF THE PANEL.—In addition 

9 to the members appointed under paragraph (2), the 

10 Secretary of Defense shall appoint two members, one 

11 from each of the major political parties, to serve as 

12 co-chairs of the panel. 

13 ‘‘(4) PERIOD OF APPOINTMENT; VACANCIES.— 

14 Members shall be appointed for the life of the Panel. 

15 Any vacancy in the Panel shall be filled in the same 

16 manner as the original appointment. 

17 ‘‘(5) DUTIES.—The Panel shall have the fol18 lowing duties with respect to a quadrennial defense 

19 review: 

20 ‘‘(A) Not later than March 1 of a year in 

21 which the review is conducted, the Panel shall 

22 submit to the Secretary of Defense a report 

23 that sets the parameters and provide guidance 

24 to the Secretary on the conduct of the review. 

25 The report of the Panel under this subparaVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
563 

HR 5136 PCS1S 

1 graph shall, at a minimum, include such guid2 ance as is necessary to ensure that the review 

3 is conducted in a manner that provides for ade4 quately addressing all elements listed in sub5 section (d). 

6 ‘‘(B) While the review is being conducted, 

7 the Panel shall review the updates from the 

8 Secretary of Defense required under paragraph 

9 (8) on the conduct of the review. 

10 ‘‘(C) The Panel shall— 

11 ‘‘(i) review the Secretary of Defense’s 

12 terms of reference and any other materials 

13 providing the basis for, or substantial in14 puts to, the work of the Department of 

15 Defense on the quadrennial defense review; 

16 ‘‘(ii) conduct an assessment of the as17 sumptions, strategy, findings, and risks of 

18 the report on the quadrennial defense re19 view required in subsection (d), with par20 ticular attention paid to the risks described 

21 in that report; 

22 ‘‘(iii) conduct an independent assess23 ment of a variety of possible force struc24 tures of the armed forces, including the 

25 force structure identified in the report on 


smartinez on DSKB9S0YB1PROD with BILLS
564 

HR 5136 PCS1S 

1 the quadrennial defense review required in 

2 subsection (d); 

3 ‘‘(iv) review the resource requirements 

4 identified pursuant to subsection (b)(3) 

5 and, to the extent practicable, make a gen6 eral comparison to the resource require7 ments to support the forces contemplated 

8 under the force structures assessed under 

9 subparagraph (C); and 

10 ‘‘(v) provide to Congress and the Sec11 retary of Defense, through the report 

12 under paragraph (7), any recommenda13 tions it considers appropriate for their con14 sideration. 

15 ‘‘(6) FIRST MEETING.—If the Secretary of De16 fense has not made the Secretary’s appointments to 

17 the Panel under paragraph (3) by February 1 of a 

18 year in which a quadrennial defense review is con19 ducted under this section, the Panel shall convene 

20 for its first meeting with the remaining members. 

21 ‘‘(7) REPORT.—Not later than 3 months after 

22 the date on which the report on a quadrennial de23 fense review is submitted under subsection (d) to the 

24 congressional committees named in that subsection, 

25 the Panel established under paragraph (1) shall subVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
565 

HR 5136 PCS1S 

1 mit to those committees an assessment of the quad2 rennial defense review, including a description of the 

3 items addressed under paragraph (5) with respect to 

4 that quadrennial defense review. 

5 ‘‘(8) UPDATES FROM SECRETARY OF DE6 FENSE.—The Secretary of Defense shall periodically, 

7 but not less often than every 30 days, brief the 

8 Panel on the progress of the conduct of a quadren9 nial defense review under subsection (a). 

10 ‘‘(9) ADMINISTRATIVE PROVISIONS.— 

11 ‘‘(A) The Panel may secure directly from 

12 the Department of Defense and any of its com13 ponents such information as the Panel con14 siders necessary to carry out its duties under 

15 this subsection. The head of the department or 

16 agency concerned shall ensure that information 

17 requested by the Panel under this paragraph is 

18 promptly provided. 

19 ‘‘(B) Upon the request of the co-chairs of 

20 the Panel, the Secretary of Defense shall make 

21 available to the Panel the services of any feder22 ally funded research and development center 

23 that is covered by a sponsoring agreement of 

24 the Department of Defense. 


smartinez on DSKB9S0YB1PROD with BILLS
566 

HR 5136 PCS1S 

1 ‘‘(C) The Panel shall have the authorities 

2 provided in section 3161 of title 5, United 

3 States Code, and shall be subject to the condi4 tions set forth in such section. 

5 ‘‘(D) Funds for activities of the Panel shall 

6 be provided from amounts available to the De7 partment of Defense. 

8 ‘‘(10) TERMINATION.—The Panel for a quad9 rennial defense review shall terminate 45 days after 

10 the date on which the Panel submits its final report 

11 on the quadrennial defense review under paragraph 

12 (7).’’. 

13 SEC. 1052. QUADRENNIAL DEFENSE REVIEW. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that the quadrennial defense review is a critical stra16 tegic document and should be based upon a process uncon17 strained by budgetary influences so that such influences 

18 do not determine or limit its outcome. 

19 (b) RELATIONSHIP OF QUADRENNIAL DEFENSE RE20 VIEW TO DEFENSE BUDGET.—Paragraph (4) of section 

21 118(b) of title 10, United States Code, is amended to read 

22 as follows: 

23 ‘‘(4) to make recommendations that will not be 

24 influenced, constrained, or informed by the budget 


smartinez on DSKB9S0YB1PROD with BILLS
567 

HR 5136 PCS1S 

1 submitted to Congress by the President pursuant to 

2 section 1105 of title 31.’’. 

3 SEC. 1053. 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 ‘‘local law enforcement and 

11 firefighting’’ and inserting ‘‘local law enforce12 ment, firefighting, homeland security, and 

13 emergency management’’; and 

14 (B) by striking ‘‘carrying out law enforce15 ment and firefighting activities’’ and inserting 

16 ‘‘carrying out law enforcement, firefighting, 

17 homeland security, and emergency management 

18 activities’’; and 

19 (2) in subsection (b), by striking ‘‘law enforce20 ment or firefighting’’ both places it appears and in21 serting ‘‘law enforcement, firefighting, homeland se22 curity, or emergency management’’. 

23 (b) TYPES OF EQUIPMENT THAT MAY BE SOLD.— 

24 Subsection (a) of such section, as amended by subsection 

25 (a) of this section, is further amended by striking ‘‘and 


smartinez on DSKB9S0YB1PROD with BILLS
568 

HR 5136 PCS1S 

1 protective body armor’’ and inserting ‘‘personal protective 

2 equipment, and other appropriate equipment’’. 

3 (c) CLERICAL AMENDMENTS.— 

4 (1) SECTION HEADING.—The heading of such 

5 section is amended to read as follows: 

6 ‘‘§ 2576. Surplus military equipment: sale to State and 

7 local law enforcement, firefighting, home8 land security, and emergency manage9 ment agencies’’. 

10 (2) TABLE OF SECTIONS.—The item relating to 

11 such section in the table of sections at the beginning 

12 of chapter 153 of such title is amended to read as 

13 follows: 

‘‘2576. Surplus military equipment: sale to State and local law enforcement, 

firefighting, homeland security, and emergency management 

agencies.’’. 

14 SEC. 1054. DEPARTMENT OF DEFENSE RAPID INNOVATION 

15 PROGRAM. 

16 (a) PROGRAM ESTABLISHED.—The Secretary of De17 fense shall establish a program to accelerate the fielding 

18 of innovative technologies developed using Department of 

19 Defense research funding and the commercialization of 

20 such technologies. Not later than 180 days after the date 

21 of the enactment of this Act, the Secretary shall issue 

22 guidelines for the operation of the program, including— 


smartinez on DSKB9S0YB1PROD with BILLS
569 

HR 5136 PCS1S 

1 (1) criteria for an application for funding by a 

2 military department, defense agency, or the unified 

3 combatant command for special operations forces; 

4 (2) the purposes for which such a department, 

5 agency, or command may apply for funds and appro6 priate requirements for technology development or 

7 commercialization to be supported using program 

8 funds; 

9 (3) the priorities, if any, to be provided to field 

10 or commercialize technologies developed by certain 

11 types of Department of Defense research funding; 

12 and 

13 (4) criteria for evaluation of an application for 

14 funding by a department, agency, or command. 

15 (b) APPLICATIONS FOR FUNDING.— 

16 (1) IN GENERAL.—Under the program, the Sec17 retary shall, not less often than annually, solicit 

18 from the heads of the military departments, the de19 fense agencies, and the unified combatant command 

20 for special operations forces applications for funding 

21 to be used to enter into contracts, cooperative agree22 ments, or other transaction agreements entered into 

23 pursuant to section 845 of the National Defense Au24 thorization Act for Fiscal Year 1994 (Public Law 

25 103–160; 107 Stat. 1721; 10 U.S.C. 2371 note) 


smartinez on DSKB9S0YB1PROD with BILLS
570 

HR 5136 PCS1S 

1 with appropriate entities for the fielding or commer2 cialization of technologies. 

3 (2) TREATMENT PURSUANT TO CERTAIN CON4 GRESSIONAL RULES.—Nothing in this section shall 

5 be interpreted to require any official of the Depart6 ment of Defense to provide funding under this sec7 tion to any earmark as defined pursuant to House 

8 Rule XXI, clause 9, or any congressionally directed 

9 spending item as defined pursuant to Senate Rule 

10 XLIV, paragraph 5. 

11 (c) FUNDING.—Subject to the availability of appro12 priations for such purpose, of the amounts authorized to 

13 be appropriated for research, development, test, and eval14 uation, defense-wide for each of fiscal years 2011 through 

15 2015, not more than $500,000,000 may be used for any 

16 such fiscal year for the program established under sub17 section (a). 

18 (d) TRANSFER AUTHORITY.—The Secretary may 

19 transfer funds available for the program to the research, 

20 development, test, and evaluation accounts of a military 

21 department, defense agency, or the unified combatant 

22 command for special operations forces pursuant to an ap23 plication, or any part of an application, that the Secretary 

24 determines would support the purposes of the program. 

25 The transfer authority provided in this subsection is in 


smartinez on DSKB9S0YB1PROD with BILLS
571 

HR 5136 PCS1S 

1 addition to any other transfer authority available to the 

2 Department of Defense. 

3 (e) DELEGATION OF MANAGEMENT OF PROGRAM.— 

4 The Secretary may delegate the management and oper5 ation of the program established under subsection (a) to 

6 the Assistant Secretary of Defense for Research and Engi7 neering. 

8 (f) REPORT.—Not later than 60 days after the last 

9 day of a fiscal year during which the Secretary carries out 

10 a program under this section, the Secretary shall submit 

11 a report to the congressional defense committees providing 

12 a detailed description of the operation of the program dur13 ing such fiscal year. 

14 (g) TERMINATION.—The authority to carry out a 

15 program under this section shall terminate on September 

16 30, 2015. Any amounts made available for the program 

17 that remain available for obligation on the date the pro18 gram terminates may be transferred under subsection (d) 

19 during the 180-day period beginning on the date of the 

20 termination of the program. 

21 SEC. 1055. TECHNICAL AND CLERICAL AMENDMENTS. 

22 (a) TITLE 5, UNITED STATES CODE.—Subsection 

23 (l)(2)(B) of section 8344 of title 5, United States Code, 

24 as added by section 1122(a) of the National Defense Au25 thorization Act for Fiscal Year 2010 (Public Law 111– 


smartinez on DSKB9S0YB1PROD with BILLS
572 

HR 5136 PCS1S 

1 84; 123 Stat. 2505), is amended by striking ‘‘5201 et 

2 seq.’’ and inserting ‘‘5211 et seq.’’. 

3 (b) TITLE 10, UNITED STATES CODE.—Title 10, 

4 United States Code, is amended as follows: 

5 (1) Section 127d(d)(1) is amended by striking 

6 ‘‘Committee on International Relations’’ and insert7 ing ‘‘Committee on Foreign Affairs’’. 

8 (2) Section 132 is amended— 

9 (A) by redesignating subsection (d), as 

10 added by section 2831(a) of the National De11 fense Authorization Act for Fiscal Year 2010 

12 (Public Law 111–84; 123 Stat. 2669), as sub13 section (e); and 

14 (B) in such subsection, by striking ‘‘Guam 

15 Executive Council’’ and inserting ‘‘Guam Over16 sight Council’’. 

17 (3)(A) Section 382 is amended by striking ‘‘sec18 tion 175 or 2332c’’ in subsections (a), (b)(2)(C), 

19 and (d)(2)(A)(ii) and inserting ‘‘section 175, 229, or 

20 2332a’’. 

21 (B) The heading of such section is amended by 

22 striking ‘‘chemical or biological’’. 

23 (C) The table of sections at the beginning of 

24 chapter 18 is amended by striking the item relating 

25 to section 382 and inserting the following new item: 

‘‘382. Emergency situations involving weapons of mass destruction.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
573 

HR 5136 PCS1S 

1 (4) Section 1175a(j)(3) is amended by striking 

2 ‘‘title 10’’ and inserting ‘‘this title’’. 

3 (5) Section 1781b(d) is amended by striking 

4 ‘‘March 1, 2008, and each year thereafter’’ and in5 serting ‘‘March 1 each year’’. 

6 (6) Section 1781c(h)(1) is amended by striking 

7 ‘‘180 days after the date of the enactment of the 

8 National Defense Authorization Act for Fiscal Year 

9 2010, and annually thereafter’’ and inserting ‘‘April 

10 30 each year’’. 

11 (7) Section 2130a(b)(1) is amended by striking 

12 ‘‘Training Program’’ both places it appears and in13 serting ‘‘Training Corps program’’. 

14 (8) Section 2222(a) is amended by striking 

15 ‘‘Effective October 1, 2005, funds’’ and inserting 

16 ‘‘Funds’’. 

17 (9) The table of sections at the beginning of 

18 subchapter I of chapter 134, as amended by section 

19 1031(a)(2) of the National Defense Authorization 

20 Act for Fiscal Year 2010 (Public Law 111–84; 123 

21 Stat. 2448), is amended by transferring the item re22 lating to section 2241a from the end of the table of 

23 sections to appear after the item relating to section 

24 2241. 


smartinez on DSKB9S0YB1PROD with BILLS
574 

HR 5136 PCS1S 

1 (10) Section 2362(e)(1) is amended by striking 

2 ‘‘IV’’ and inserting ‘‘V’’. 

3 (11) Section 2533a(d) is amended in para4 graphs (1) and (4) by striking ‘‘(b)(1)(A), (b)(2), or 

5 (b)(3)’’ and inserting ‘‘(b)(1)(A) or (b)(2)’’. 

6 (12) Section 2642(a)(3) is amended by striking 

7 ‘‘During the five-year period beginning on the date 

8 of the enactment of the National Defense Authoriza9 tion Act for Fiscal Year 2010’’ and inserting ‘‘Dur10 ing the period beginning on October 28, 2009, and 

11 ending on October 28, 2014’’. 

12 (13) Section 2667(e)(1)(A)(ii) is amended by 

13 striking ‘‘sections 2668 and 2669’’ and inserting 

14 ‘‘section 2668’’. 

15 (14) Section 2684a(g)(1) is amended by strik16 ing ‘‘March 1, 2007, and annually thereafter’’ and 

17 inserting ‘‘March 1 each year’’. 

18 (15) Section 2687a(a) is amended by striking 

19 ‘‘31for’’ and inserting ‘‘31 for’’. 

20 (16) Section 2922d is amended by striking ‘‘1 

21 or more’’ each place it appears and inserting ‘‘one 

22 or more’’. 

23 (17) Section 10216 is amended by striking 

24 ‘‘section 115(c)’’ in subsections (b)(1), (c)(1), and 

25 (c)(2)(A) and inserting ‘‘section 115(d)’’. 


smartinez on DSKB9S0YB1PROD with BILLS
575 

HR 5136 PCS1S 

1 (18) Section 10217(c)(1) is amended— 

2 (A) by striking ‘‘Effective October 1, 2007, 

3 the’’ and inserting ‘‘The’’; and 

4 (B) by striking ‘‘after the preceding sen5 tence takes effect’’. 

6 (19) Section 12203(a) is amended by striking 

7 ‘‘above’’ in the first sentence and inserting ‘‘of’’. 

8 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR

9 FISCAL YEAR 2010.—Effective as of October 28, 2009, 

10 and as if included therein as enacted, the National De11 fense Authorization Act for Fiscal Year 2010 (Public Law 

12 111–84) is amended as follows: 

13 (1) Section 325(d)(4) (123 Stat. 2254) is 

14 amended by striking ‘‘section 236’’ and inserting 

15 ‘‘section 235’’. 

16 (2) Section 581(a)(1)(C) (123 Stat. 2326) is 

17 amended by striking ‘‘subsection (f)’’ and inserting 

18 ‘‘subsection (g), as redesignated by section 

19 582(b)(1)’’. 

20 (3) Section 584(a) (123 Stat. 2330) is amended 

21 by striking ‘‘such Act’’ and inserting ‘‘the Uni22 formed and Overseas Citizens Absentee Voting Act’’. 

23 (4) Section 585(b)(1) (123 Stat. 2331) is 

24 amended by striking subparagraphs (A) and (B), 

25 and inserting the following new subparagraphs: 


smartinez on DSKB9S0YB1PROD with BILLS
576 

HR 5136 PCS1S 

1 ‘‘(A) in paragraph (2), by striking ‘section 

2 102(4)’ and inserting ‘section 102(a)(4)’; and 

3 ‘‘(B) by striking paragraph (4) and insert4 ing the following new paragraph: 

5 ‘‘ ‘(4) prescribe a suggested design for absentee 

6 ballot mailing envelopes;’; and’’. 

7 (5) Section 589 (123 Stat. 2334; 42 U.S.C. 

8 1973ff–7) is amended— 

9 (A) in subsection (a)(1)— 

10 (i) by striking ‘‘section 107(a)’’ and 

11 inserting ‘‘section 107(1)’’; and 

12 (ii) by striking ‘‘1973ff et seq.’’ and 

13 inserting ‘‘1973ff–6(1)’’; and 

14 (B) in subsection (e)(1), by striking 

15 ‘‘1977ff note’’ and inserting ‘‘1973ff note’’. 

16 (6) The undesignated section immediately fol17 lowing section 603 (123 Stat. 2350) is designated as 

18 section 604. 

19 (7) Section 714(c) (123 Stat. 2382; 10 U.S.C. 

20 1071 note) is amended— 

21 (A) by striking ‘‘feasability’’ both places it 

22 appears and inserting ‘‘feasibility’’; and 

23 (B) by striking ‘‘specialities’’ both places it 

24 appears and inserting ‘‘specialties’’. 


smartinez on DSKB9S0YB1PROD with BILLS
577 

HR 5136 PCS1S 

1 (8) Section 813(a)(3) is amended by inserting 

2 ‘‘order’’ after ‘‘task’’ in the matter proposed to be 

3 struck. 

4 (9) Section 921(b)(2) (123 Stat. 2432) is 

5 amended by inserting ‘‘subchapter I of’’ before 

6 ‘‘chapter 21’’. 

7 (10) Section 1014(c) (123 Stat. 2442) is 

8 amended by striking ‘‘in which the support’’ and in9 serting ‘‘in which support’’. 

10 (11) Section 1043(d) (123 Stat. 2457; 10 

11 U.S.C. 2353 note) is amended by striking ‘‘et 13 

12 seq.’’ and inserting ‘‘et seq.’’. 

13 (12) Section 1055(f) (123 Stat. 2462) is 

14 amended by striking ‘‘Combating’’ and inserting 

15 ‘‘Combatting’’. 

16 (13) Section 1063(d)(2) (123 Stat. 2470) is 

17 amended by striking ‘‘For purposes of this section, 

18 the’’ and inserting ‘‘The’’. 

19 (14) Section 1080(b) (123 Stat. 2479; 10 

20 U.S.C. 801 note) is amended— 

21 (A) by striking ‘‘title 14’’ and inserting 

22 ‘‘title XIV’’; 

23 (B) by striking ‘‘title 10’’ and inserting 

24 ‘‘title X’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
578 

HR 5136 PCS1S 

1 (C) by striking ‘‘the Military Commissions 

2 Act of 2006 (10 U.S.C. 948 et seq.; Public Law 

3 109–366)’’ and inserting ‘‘chapter 47A of title 

4 10, United States Code’’. 

5 (15) Section 1111(b) (123 Stat. 2495; 10 

6 U.S.C. 1580 note prec.) is amended by striking ‘‘the 

7 Secretary’’ in the first sentence and inserting ‘‘the 

8 Secretary of Defense’’. 

9 (16) Section 1113(g)(1) (123 Stat. 2502; 5 

10 U.S.C. 9902 note) is amended by inserting ‘‘United 

11 States Code,’’ after ‘‘title 5,’’ the first place it ap12 pears. 

13 (17) Section 1121 (123 Stat. 2505) is amend14 ed— 

15 (A) in subsection (a)— 

16 (i) by striking ‘‘Section 9902(h)’’ and 

17 inserting ‘‘Section 9902(g)’’; and 

18 (ii) by inserting ‘‘as redesignated by 

19 section 1113(b)(1)(B),’’ after ‘‘Code,’’; and 

20 (B) in subsection (b), by striking ‘‘section 

21 9902(h)’’ and inserting ‘‘section 9902(g)’’. 

22 (18) Section 1261 (123 Stat. 2553; 22 U.S.C. 

23 6201 note) is amended by inserting a space between 

24 the first short title and ‘‘or’’. 


smartinez on DSKB9S0YB1PROD with BILLS
579 

HR 5136 PCS1S 

1 (19) Section 1306(b) (123 Stat. 2560) is 

2 amended by striking ‘‘fiscal year’’ and inserting 

3 ‘‘Fiscal Year’’. 

4 (20) Subsection (b) of section 1803 (123 Stat. 

5 2612) is amended to read as follows: 

6 ‘‘(b) APPELLATE REVIEW UNDER DETAINEE TREAT7 MENT ACT OF 2005.— 

8 ‘‘(1) DEPARTMENT OF DEFENSE, EMERGENCY

9 SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HUR10 RICANES IN THE GULF OF MEXICO, AND PANDEMIC

11 INFLUENZA ACT, 2006.—Section 1005(e) of the De12 tainee Treatment Act of 2005 (title X of Public Law 

13 109–148; 10 U.S.C. 801 note) is amended by strik14 ing paragraph (3). 

15 ‘‘(2) NATIONAL DEFENSE AUTHORIZATION ACT

16 FOR FISCAL YEAR 2006.—Section 1405(e) of the De17 tainee Treatment Act of 2005 (Public Law 109–163; 

18 10 U.S.C. 801 note) is amended by striking para19 graph (3).’’. 

20 (21) Section 1916(b)(1)(B) (123 Stat. 2624) is 

21 amended by striking the comma after ‘‘5941’’. 

22 (22) Section 2804(d)(2) (123 Stat. 2662) is 

23 amended by inserting ‘‘subchapter III of’’ before 

24 ‘‘chapter 169’’. 


smartinez on DSKB9S0YB1PROD with BILLS
580 

HR 5136 PCS1S 

1 (23) Section 2835(f)(1) (123 Stat. 2677) is 

2 amended by striking ‘‘publically-available’’ and in3 serting ‘‘publicly available’’. 

4 (24) Section 3503(b)(1) (123 Stat. 2719) is 

5 amended by striking the extra quotation marks. 

6 (25) Section 3508(1) (123 Stat. 2721) is 

7 amended by striking ‘‘headline’’ and inserting 

8 ‘‘heading’’. 

9 (d) DUNCAN HUNTER NATIONAL DEFENSE AUTHOR10 IZATION ACT FOR FISCAL YEAR 2009.— 

11 (1) Section 596(b)(1)(D) of the Duncan Hunter 

12 National Defense Authorization Act for Fiscal Year 

13 2009 (Public Law 110–417; 10 U.S.C. 1071 note), 

14 as amended by section 594 of the National Defense 

15 Authorization Act for Fiscal Year 2010 (Public Law 

16 111–84; 123 Stat. 2337), is amended by striking 

17 ‘‘or flag’’ the second place it appears. 

18 (2) Section 1111(b) of the Duncan Hunter Na19 tional Defense Authorization Act for Fiscal Year 

20 2009 (Public Law 110–417; 10 U.S.C. 143 note), as 

21 amended by section 1109 of the National Defense 

22 Authorization Act for Fiscal Year 2010 (Public Law 

23 111–84; 123 Stat. 2492), is amended— 

24 (A) in the matter preceding paragraph (1), 

25 by striking ‘‘secretary of a military departVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
581 

HR 5136 PCS1S 

1 ment’’ and inserting ‘‘Secretary of a military 

2 department’’; 

3 (B) in paragraph (1)— 

4 (i) by striking ‘‘the the requirements’’ 

5 and inserting ‘‘the requirements’’; and 

6 (ii) by striking ‘‘this title’’ and insert7 ing ‘‘such title’’; and 

8 (C) in paragraph (2), by striking ‘‘any any 

9 of the following’’ and inserting ‘‘any of the fol10 lowing’’. 

11 (e) WEAPON SYSTEMS ACQUISITION REFORM ACT OF

12 2009.—Effective as of May 22, 2009, and as if included 

13 therein as enacted, the Weapon Systems Acquisition Re14 form Act of 2009 (Public Law 111–23) is amended as fol15 lows: 

16 (1) Section 205(a)(1)(B) (123 Stat. 1724) is 

17 amended in the matter proposed to be inserted by 

18 striking ‘‘paragraphs (1) and (2)’’ and inserting 

19 ‘‘paragraphs (1), (2), and (3)’’. 

20 (2) Section 205(c) (124 Stat. 1725) is amended 

21 by striking ‘‘2433a(c)(3)’’ and inserting 

22 ‘‘2433a(c)(1)(C)’’. 

23 (f) TECHNICAL CORRECTION REGARDING SBIR EX24 TENSION.—Section 9(m)(2) of the Small Business Act (15 

25 U.S.C. 638(m)(2)), as added by section 847(a) of the NaVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
582 

HR 5136 PCS1S 

1 tional Defense Authorization Act for Fiscal Year 2010 

2 (Public Law 111–84; 123 Stat. 2420), is amended by 

3 striking ‘‘is authorized’’ and inserting ‘‘are authorized’’. 

4 (g) TECHNICAL CORRECTION REGARDING PERFORM5 ANCE MANAGEMENT AND WORKFORCE INCENTIVES.— 

6 Section 9902(a)(2) of title 5, United States Code, as 

7 added by section 1113(d) of the National Defense Author8 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

9 Stat. 2499), is amended by striking ‘‘chapters’’ both 

10 places it appears and inserting ‘‘chapter’’. 

11 (h) TECHNICAL CORRECTION REGARDING SMALL

12 SHIPYARDS AND MARITIME COMMUNITIES ASSISTANCE

13 PROGRAM.—Section 3506 of the National Defense Au14 thorization Act for Fiscal Year 2006, as reinstated by the 

15 amendment made by section 1073(c)(14) of the National 

16 Defense Authorization Act for Fiscal Year 2010 (Public 

17 Law 111–84; 123 Stat. 2475), is repealed. 

18 (i) TECHNICAL CORRECTION REGARDING DOT MAR19 ITIME HERITAGE PROPERTY.—Section 6(a)(1)(C) of the 

20 National Maritime Heritage Act of 1994 (16 U.S.C. 

21 5405(a)(1)(C)), as amended by section 3509 of the Na22 tional Defense Authorization Act for Fiscal Year 2010 

23 (Public Law 111–84; 123 Stat. 2721), is amended by 

24 striking ‘‘the date of enactment of the Maritime AdminisVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
583 

HR 5136 PCS1S 

1 tration Authorization Act of 2010’’ and inserting ‘‘October 

2 28, 2009’’. 

3 (j) TECHNICAL CORRECTION REGARDING DOE NA4 TIONAL SECURITY PROGRAMS.—The table of contents at 

5 the beginning of the National Nuclear Security Adminis6 tration Act (title XXXII of Public Law 106–65; 50 U.S.C. 

7 2401 et seq.) is amended by striking the item relating to 

8 section 3255 and inserting the following new item: 

‘‘Sec. 3255. Biennial plan and budget assessment on the modernization and refurbishment of the nuclear security complex.’’. 

9 SEC. 1056. BUDGETING FOR THE SUSTAINMENT AND MOD10 ERNIZATION OF NUCLEAR DELIVERY SYS11 TEMS. 

12 Consistent with the plan contained in the report sub13 mitted to Congress under section 1251 of the National De14 fense Authorization Act for Fiscal Year 2010 (Public Law 

15 111–84; 123 Stat. 2549), in the budget materials sub16 mitted to the President by the Secretary of Defense in 

17 connection with the submission to Congress, pursuant to 

18 section 1105 of title 31, United States Code, of the budget 

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

20 Secretary shall ensure that a separate budget (including 

21 separate, dedicated line items and program elements) is 

22 included with respect to programs and platforms regard23 ing the sustainment and modernization of nuclear delivery 

24 systems. 


smartinez on DSKB9S0YB1PROD with BILLS
584 

HR 5136 PCS1S 

1 SEC. 1057. LIMITATION ON NUCLEAR FORCE REDUCTIONS. 

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

3 (1) As of September 30, 2009, the stockpile of 

4 nuclear weapons of the United States has been re5 duced by 84 percent from its maximum level in 1967 

6 and by more than 75 percent from its level when the 

7 Berlin Wall fell in November, 1989. 

8 (2) The number of non-strategic nuclear weap9 ons of the United States has declined by approxi10 mately 90 percent from September 30, 1991, to Sep11 tember 30, 2009. 

12 (3) In 2002, the United States announced plans 

13 to reduce its number of operationally deployed stra14 tegic nuclear warheads to between 1,700 and 2,200 

15 by December 31, 2012. 

16 (4) The United States plans to further reduce 

17 its stockpile of deployed strategic nuclear warheads 

18 to 1,550 during the next seven years. 

19 (5) The United States plans to further reduce 

20 its deployed ballistic missiles and heavy bombers to 

21 700 and its deployed and non-deployed launchers 

22 and heavy bombers to 800 during the next seven 

23 years. 

24 (6) Beyond these plans for reductions, the Nu25 clear Posture Review of April 2010 stated that, ‘‘the 

26 President has directed a review of potential future 


smartinez on DSKB9S0YB1PROD with BILLS
585 

HR 5136 PCS1S 

1 reductions in U.S. nuclear weapons below New 

2 START levels. Several factors will influence the 

3 magnitude and pace of such reductions.’’. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) any reductions in the nuclear forces of the 

7 United States should be supported by a thorough as8 sessment of the strategic environment, threat, and 

9 policy and the technical and operational implications 

10 of such reductions; and 

11 (2) specific criteria are necessary to guide fu12 ture decisions regarding further reductions in the 

13 nuclear forces of the United States. 

14 (c) LIMITATION.—No action may be taken to imple15 ment the reduction of nuclear forces of the United States 

16 below the levels described in paragraphs (4) and (5) of 

17 subsection (a), unless— 

18 (1) the Secretary of Defense and the Adminis19 trator for Nuclear Security jointly submit to the con20 gressional defense committees a report on such re21 duction, including— 

22 (A) the justification for such reduction; 

23 (B) an assessment of the strategic environ24 ment, threat, and policy and the technical and 

25 operational implications of such reduction; 


smartinez on DSKB9S0YB1PROD with BILLS
586 

HR 5136 PCS1S 

1 (C) written certification by the Secretary 

2 of Defense that— 

3 (i) either— 

4 (I) the strategic environment or 

5 the assessment of the threat has 

6 changed to allow for such reduction; 

7 or 

8 (II) technical measures to pro9 vide a commensurate or better level of 

10 safety, security, and reliability as be11 fore such reduction have been imple12 mented for the remaining nuclear 

13 forces of the United States; 

14 (ii) such reduction preserves the nu15 clear deterrent capabilities of the ‘‘nuclear 

16 triad’’ (intercontinental ballistic missiles, 

17 ballistic missile submarines, and heavy 

18 bombers and dual-capable aircraft); 

19 (iii) such reduction does not require a 

20 change in targeting strategy from 

21 counterforce targeting to countervalue tar22 geting; 

23 (iv) the remaining nuclear forces of 

24 the United States provide a sufficient 

25 means of protection against unforeseen 


smartinez on DSKB9S0YB1PROD with BILLS
587 

HR 5136 PCS1S 

1 technical challenges and geopolitical 

2 events; and 

3 (v) such reduction is compensated by 

4 other measures (such as nuclear mod5 ernization, conventional forces, and missile 

6 defense) that together provide a commen7 surate or better deterrence capability and 

8 level of credibility as before such reduction; 

9 and 

10 (D) written certification by the Adminis11 trator for Nuclear Security that— 

12 (i) technical measures to provide a 

13 commensurate or better level of safety, se14 curity, and reliability as before such reduc15 tion have been implemented for the re16 maining nuclear forces of the United 

17 States; 

18 (ii) the remaining nuclear forces of 

19 the United States provide a sufficient 

20 means of protection against unforeseen 

21 technical challenges and geopolitical 

22 events; and 

23 (iii) measures to modernize the nu24 clear weapons complex have been imple25 mented to provide a sufficiently responsive 


smartinez on DSKB9S0YB1PROD with BILLS
588 

HR 5136 PCS1S 

1 infrastructure to support the remaining 

2 nuclear forces of the United States; and 

3 (2) a period of 180 days has elapsed after the 

4 date on which the report under paragraph (1) is 

5 submitted. 

6 (d) DEFINITION.—In this section, the term ‘‘nuclear 

7 forces of the United States’’ includes— 

8 (1) both active and inactive nuclear warheads in 

9 the nuclear weapons stockpile; and 

10 (2) deployed and non-deployed delivery vehicles. 

11 SEC. 1058. SENSE OF CONGRESS ON THE NUCLEAR POS12 TURE REVIEW. 

13 It is the sense of Congress that the Nuclear Posture 

14 Review, released in April 2010 by the Secretary of De15 fense, weakens the national security of the United States 

16 by eliminating options to defend against a catastrophic nu17 clear, biological, chemical, or conventional attack against 

18 the United States. 

19 SEC. 1059. STRATEGIC ASSESSMENT OF STRATEGIC CHAL20 LENGES POSED BY POTENTIAL COMPETI21 TORS. 

22 The Secretary of Defense shall, in consultation with 

23 the Joint Chiefs of Staff and the commanders of the re24 gional combatant commands, submit to the congressional 

25 defense committees, not later than March 15, 2011, a 


smartinez on DSKB9S0YB1PROD with BILLS
589 

HR 5136 PCS1S 

1 comprehensive strategic assessment of the current and fu2 ture strategic challenges posed to the United States by 

3 potential competitors out through 2021, with particular 

4 attention paid to those challenges posed by the military 

5 modernization of the People’s Republic of China, Iran, 

6 North Korea, and Russia. 

7 SEC. 1060. ELECTRONIC ACCESS TO CERTAIN CLASSIFIED 

8 INFORMATION. 

9 The Secretary of Defense shall provide to each com10 mittee of Congress an electronic communications link to 

11 classified information in the possession of the Department 

12 of Defense pertaining to a subject matter that is in the 

13 jurisdiction of such committee under the Rules of the 

14 House of Representatives or the Standing Rules of the 

15 Senate. Such electronic communications link shall be ca16 pable of supporting appropriate classified communications 

17 between the Department of Defense and each committee 

18 of Congress authorized to carry out such communications. 

19 SEC. 1061. JUSTICE FOR VICTIMS OF TORTURE AND TER20 RORISM. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) The National Defense Authorization Act for 

24 Fiscal Year 2008 (Public Law 110–181) expressed 

25 the sense of Congress (in section 1083(d)(4)) that 


smartinez on DSKB9S0YB1PROD with BILLS
590 

HR 5136 PCS1S 

1 the Secretary of State ‘‘should work with the Gov2 ernment of Iraq on a state-to-state basis to ensure 

3 compensation for any meritorious claims based on 

4 terrorist acts committed by the Saddam Hussein re5 gime against individuals who were United States na6 tionals or members of the United States Armed 

7 Forces at the time of those terrorist acts and whose 

8 claims cannot be addressed in courts in the United 

9 States due to the exercise of the waiver authority’’ 

10 provided to the President under section 1083(d) of 

11 that Act. 

12 (2) The House of Representatives in the 110th 

13 Congress unanimously adopted H.R. 5167, the Jus14 tice for Victims of Torture and Terrorism Act, which 

15 set forth an appropriate compromise of the claims 

16 described in paragraph (1). 

17 (3) The National Defense Authorization Act for 

18 Fiscal Year 2010 (in section 1079) further ex19 pressed the sense of Congress that these claims of 

20 American victims of torture and hostage taking by 

21 Iraq ‘‘should be resolved by a prompt and fair settle22 ment negotiated between the Government of Iraq 

23 and the Government of the United States, taking 

24 note of the provisions of H.R. 5167 of the 110th 


smartinez on DSKB9S0YB1PROD with BILLS
591 

HR 5136 PCS1S 

1 Congress, which was adopted by the United States 

2 House of Representatives’’. 

3 (4) Pursuant to these congressional actions, the 

4 Secretary of State has diligently pursued these nego5 tiations with the Government of Iraq. To date, how6 ever, more than three years after the enactment of 

7 the National Defense Authorization Act for Fiscal 

8 Year 2008, and nearly a year after the enactment of 

9 the National Defense Authorization Act for Fiscal 

10 Year 2010, there has been no resolution of these 

11 claims of injured Americans, despite the resolution 

12 by Iraq of claims of foreign corporations against the 

13 Saddam Hussein regime. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that the claims of American victims of torture and 

16 hostage taking by the Government of Iraq during the re17 gime of Saddam Hussein that are subject to Presidential 

18 Determination Number 2008–9 of January 28, 2008, 

19 which waived application of section 1083 of the National 

20 Defense Authorization Act for Fiscal Year 2008, should 

21 be resolved by a prompt and fair settlement negotiated be22 tween the Government of Iraq and the Government of the 

23 United States. 


smartinez on DSKB9S0YB1PROD with BILLS
592 

HR 5136 PCS1S 

1 SEC. 1062. POLICY REGARDING APPROPRIATE USE OF DE2 PARTMENT OF DEFENSE RESOURCES. 

3 (a) POLICY.— 

4 (1) IN GENERAL.—Chapter 2 of Title 10, 

5 United States Code, is amended by inserting after 

6 section 113a the following new section: 

7 ‘‘§ 113b. Use of Department of Defense resources 

8 ‘‘(a) POLICY.—The Secretary of Defense shall ensure 

9 that all resources of the Department of Defense are used 

10 only for activities that— 

11 ‘‘(1) fulfill a legitimate Government purpose; 

12 ‘‘(2) comply with all applicable laws, regula13 tions, and policies of the Department of Defense; 

14 and 

15 ‘‘(3) contribute to the mission of the Depart16 ment of Defense. 

17 ‘‘(b) GUIDANCE.—The Secretary shall prescribe such 

18 guidance as is necessary to ensure compliance with the 

19 policy required under subsection (a) and to address any 

20 violations of the policy, including, as appropriate, any ap21 plicable legal remedies.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended 

24 by inserting after the item relating to section 113a 

25 the following new item: 

‘‘113b. Use of Department of Defense resources.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
593 

HR 5136 PCS1S 

1 (b) PROHIBITION ON USE OF FUNDS.—None of the 

2 funds authorized to be appropriated in this Act or other3 wise available to the Department of Defense may be 

4 used— 

5 (1) for any activity that does not comply with 

6 the policy established under section 113b of title 10, 

7 United States Code, as added by subsection (a), in8 cluding any improper activity involving— 

9 (A) transportation or travel (including use 

10 of Government vehicles); or 

11 (B) Department of Defense information 

12 technology resources; or 

13 (2) to pay the salary of any employee who en14 gages in an intentional violation of the policy estab15 lished under such section. 

16 SEC. 1063. EXECUTIVE AGENT FOR PREVENTING THE IN17 TRODUCTION OF COUNTERFEIT MICROELEC18 TRONICS INTO THE DEFENSE SUPPLY CHAIN. 

19 (a) EXECUTIVE AGENT.—Not later than 90 days 

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

21 of Defense shall designate a senior official of the Depart22 ment of Defense to serve as the executive agent for pre23 venting the introduction of counterfeit microelectronics 

24 into the defense supply chain. 


smartinez on DSKB9S0YB1PROD with BILLS
594 

HR 5136 PCS1S 

1 (b) ROLES, RESPONSIBILITIES, AND AUTHORI2 TIES.— 

3 (1) ESTABLISHMENT.—Not later than 180 days 

4 after the date of the enactment of this Act, the Sec5 retary of Defense shall prescribe the roles, respon6 sibilities, and authorities of the executive agent des7 ignated under subsection (a). 

8 (2) SPECIFICATION.—The roles and responsibil9 ities of the executive agent designated under sub10 section (a) shall include the following: 

11 (A) Development and maintenance of a 

12 strategy and implementation plan that ensures 

13 that the Department of Defense has the ability 

14 to identify, mitigate, prevent, and eliminate 

15 counterfeit microelectronics from the defense 

16 supply chain. 

17 (B) Development of recommendations for 

18 funding strategies necessary to meet the re19 quirements of the strategy and implementation 

20 plan developed under subparagraph (A). 

21 (C) Assessments of trends in counterfeit 

22 microelectronics, including— 

23 (i) an analysis of recent incidents of 

24 discovery of counterfeit microelectronics in 

25 the defense supply chain, including inciVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00594 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
595 

HR 5136 PCS1S 

1 dents involving material and service pro2 viders; 

3 (ii) a projection of future trends in 

4 counterfeit microelectronics; 

5 (iii) the sufficiency of reporting mech6 anisms and metrics within the Department 

7 of Defense and each component of the De8 partment of Defense; 

9 (iv) the economic impact of identifying 

10 and remediating counterfeit microelec11 tronics in the defense supply chain; and 

12 (v) the impact of counterfeit micro13 electronics in the defense supply chain on 

14 defense readiness. 

15 (D) Coordination of planning and activities 

16 with interagency and international partners. 

17 (E) Development and participation in pub18 lic-private partnerships to prevent the introduc19 tion of counterfeit microelectronics into the sup20 ply chain. 

21 (F) Such other roles and responsibilities as 

22 the Secretary of Defense considers appropriate. 

23 (c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.— 

24 The Secretary of Defense shall ensure that each compo25 nent of the Department of Defense provides the executive 


smartinez on DSKB9S0YB1PROD with BILLS
596 

HR 5136 PCS1S 

1 agent designated under subsection (a) with the appro2 priate support and resources needed to perform the roles, 

3 responsibilities, and authorities of the executive agent. 

4 (d) REQUIRED ACTIONS.—The Secretary of Defense 

5 shall submit to the congressional defense committees— 

6 (1) not later than 180 days after the date of 

7 the enactment of this Act, a description of the roles, 

8 responsibilities, and authorities of the executive 

9 agent prescribed in accordance with subsection 

10 (b)(1); 

11 (2) not later than one year after the date of the 

12 enactment of this Act, a strategy for how the De13 partment of Defense will identify, mitigate, prevent, 

14 and eliminate counterfeit microelectronics within the 

15 defense supply chain; and 

16 (3) not later than 18 months after the date of 

17 the enactment of this Act, an implementation plan 

18 for how the Department of Defense will execute the 

19 strategy submitted in accordance with paragraph 

20 (2). 

21 (e) DEFINITIONS.—In this section: 

22 (1) COUNTERFEIT MICROELECTRONIC.—The 

23 term ‘‘counterfeit microelectronic’’ means any type 

24 of integrated circuit or other microelectronic compo25 nent that consists of— 


smartinez on DSKB9S0YB1PROD with BILLS
597 

HR 5136 PCS1S 

1 (A) a substitute or unauthorized copy of a 

2 valid product from an original manufacturer; 

3 (B) a product in which the materials used 

4 or the performance of the product has been 

5 changed without notice by a person other than 

6 the original manufacturer of the product; or 

7 (C) a substandard component misrepre8 sented by the supplier of such component. 

9 (2) EXECUTIVE AGENT.—The term ‘‘executive 

10 agent’’ has the meaning given the term ‘‘DoD Exec11 utive Agent’’ in Department of Defense Directive 

12 5101.1, or any successor directive relating to the re13 sponsibilities of an executive agent of the Depart14 ment of Defense. 

15 SEC. 1064. SHARED INFORMATION REGARDING TRAINING 

16 EXERCISES. 

17 The Secretary of Defense, acting through Joint Task 

18 Force North, may share with the Department of Home19 land Security and the Department of Justice any data 

20 gathered during training exercises. 

21 SEC. 1065. SENSE OF CONGRESS REGARDING PRESI22 DENTIAL LETTERS OF CONDOLENCE TO THE 

23 FAMILIES OF MEMBERS OF THE ARMED 

24 FORCES WHO HAVE DIED BY SUICIDE. 

25 (a) FINDINGS.—Congress finds that— 


smartinez on DSKB9S0YB1PROD with BILLS
598 

HR 5136 PCS1S 

1 (1) suicide is a growing problem in the Armed 

2 Forces that cannot be ignored; 

3 (2) a record number of military suicides was re4 ported in 2008, with 128 active-duty Army and 48 

5 Marine deaths reported; 

6 (3) the number of military suicides during 2009 

7 is expected to equal or exceed the 2008 total; 

8 (4) long-standing policy prevents President 

9 Obama from sending a condolence letter to the fam10 ily of a member of the Armed Forces who has died 

11 by suicide; 

12 (5) members of the Armed Forces sacrifice 

13 their physical, mental, and emotional well-being for 

14 the freedoms Americans hold dear; 

15 (6) the military family also bears the cost of de16 fending the United States, with military spouses and 

17 children sacrificing much and standing ready to pro18 vide unending support to their spouse or parent who 

19 is a member of the Armed Forces; 

20 (7) the loss of a member of the Armed Forces 

21 to suicide directly and tragically affects military 

22 spouses and children, as well as the United States; 

23 (8) much more needs to be done to protect and 

24 address the mental health needs of members of the 


smartinez on DSKB9S0YB1PROD with BILLS
599 

HR 5136 PCS1S 

1 Armed Forces, just as they serve to protect and de2 fend the freedoms of the United States; 

3 (9) a presidential letter of condolence is not 

4 only about the deceased because it also serves as a 

5 sign of respect for the grieving family and an ac6 knowledgment of the family for their personal loss; 

7 and 

8 (10) a lack of acknowledgment and condolence 

9 from the President only leaves these families with an 

10 emotional vacuum and a feeling that somehow their 

11 sacrifices have been less than the sacrifices of oth12 ers. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that— 

15 (1) the current policy that prohibits sending a 

16 presidential letter of condolence to the family of a 

17 member of the Armed Forces who has died by sui18 cide only serves to perpetuate the stigma of mental 

19 illness that pervades the Armed Forces; and 

20 (2) the President, as Commander-in-Chief, 

21 should overturn the policy and treat all military fam22 ilies equally. 


smartinez on DSKB9S0YB1PROD with BILLS
600 

HR 5136 PCS1S 

1 SEC. 1066. FINDINGS AND SENSE OF CONGRESS ON OBE2 SITY AND FEDERAL CHILD NUTRITION PRO3 GRAMS. 

4 (a) FINDINGS.—Congress find the following: 

5 (1) According to the April 2010 report, ‘‘Too 

6 Fat to Fight’’, more than 100 retired generals and 

7 admirals wrote that, ‘‘[o]besity among children and 

8 young adults have increased so dramatically that 

9 they threaten not only the overall health of America 

10 but the future strength of our military.’’. 

11 (2) Twenty-seven percent, over 9,000,000, 17– 

12 24-year-olds in the United States are too fat to serve 

13 in the military. 

14 (3) Between 1995 and 2008, the military had 

15 140,000 individuals who showed up at the centers 

16 for processing but failed their entrance physicals be17 cause they were too heavy. 

18 (4) Being overweight is now the leading medical 

19 reason for rejection from military service. 

20 (5) Between 1995 and 2008, the proportion of 

21 potential recruits who failed their physicals each 

22 year because they were overweight rose nearly 70 

23 percent. 

24 (6) The military annually discharges over 1,200 

25 first-term enlistees before their contracts are up be26 cause of weight problems. 


smartinez on DSKB9S0YB1PROD with BILLS
601 

HR 5136 PCS1S 

1 (7) The military must then recruit and train 

2 their replacements at a cost of $50,000 for each 

3 man or woman. 

4 (8) Training replacements for those discharged 

5 because of weight problems adds up to more than 

6 $60,000,000 annually. 

7 (9) Overweight adolescents are more likely to 

8 become overweight adults. 

9 (10) Overweight adolescents and overweight 

10 adults are at risk of developing obesity-related, life11 threatening diseases including cancer, type 2 diabe12 tes, stroke, heart disease, arthritis, and breathing 

13 problems. 

14 (11) According to the American Public Health 

15 Association, ‘‘left unchecked, obesity will add nearly 

16 $344 billion to the nations annual health care costs 

17 by 2018 and account for more than 21 percent of 

18 health care spending’’. 

19 (12) Overweight and undernourished adoles20 cents face academic challenges due to poor health 

21 behaviors, resulting in even greater risk to their fu22 ture health and earing and the Nation’s economic 

23 growth and worldwide competition. 


smartinez on DSKB9S0YB1PROD with BILLS
602 

HR 5136 PCS1S 

1 (13) For decades military leaders have cham2 pioned efforts to improve the nutrition of young peo3 ple in America. 

4 (14) During World War II, 40 percent of re5 jected recruits were turned away because of poor or 

6 under nutrition. 

7 (15) The preamble to the Richard B. Russell 

8 National School Lunch Act (42 U.S.C. 1751) states 

9 ‘‘It is hereby declared to be the policy of Congress, 

10 as a measure of national security, to safeguard the 

11 health and well-being of the Nation’s children and to 

12 encourage the domestic consumption of nutritious 

13 agricultural commodities and other food, by assisting 

14 the States, through grants in aid and other means, 

15 in providing an adequate supply of food and other 

16 facilities for the establishment, maintenance, oper17 ation and expansion of nonprofit school lunch pro18 grams’’. 

19 (16) Over 17 million children were food inse20 cure, or hungry, in 2008, according to data collected 

21 by the Department of Agriculture. 

22 (17) The Federal Child Nutrition Programs 

23 under the Richard B. Russell National School Lunch 

24 Act (42 U.S.C. 1751 et seq.) and the Child Nutri25 tion Act of 1966 (42 U.S.C. 1771 et seq.) are provVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00602 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
603 

HR 5136 PCS1S 

1 en to be effective in combating both hunger and obe2 sity. 

3 (18) President Obama has called for a historic 

4 investment in the Federal Child Nutrition Programs 

5 in order to respond to 2 of the greatest child health 

6 challenges of our time, hunger and poor nutrition. 

7 (19) Two hundred twenty-one Members of Con8 gress signed a letter to Speaker Pelosi in support of 

9 President Obama’s budget request for the Federal 

10 Child Nutrition Programs. 

11 (20) This same letter requested identification of 

12 possible offsets for the new investments in these im13 portant anti-hunger and nutrition programs. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) reducing domestic childhood obesity and 

17 hunger is a matter of national security; 

18 (2) obesity and hunger will continue to nega19 tively impact recruitment for Armed Forces without 

20 access to physical activity, healthy food, and proper 

21 nutrition; 

22 (3) Congress should act to reduce childhood 

23 obesity and hunger; 

24 (4) the Federal Child Nutrition Programs 

25 under the Richard B. Russell National School Lunch 


smartinez on DSKB9S0YB1PROD with BILLS
604 

HR 5136 PCS1S 

1 Act (42 U.S.C. 1751 et seq.) and the Child Nutri2 tion Act of 1966 (42 U.S.C. 1771 et seq.) should be 

3 funded at the President’s request; and 

4 (5) the increases in funding for such programs 

5 should be properly offset. 

6 SEC. 1067. SENSE OF CONGRESS REGARDING REC7 REATIONAL HUNTING AND FISHING ON MILI8 TARY INSTALLATIONS. 

9 It is the sense of the Congress that— 

10 (1) military installations that permit public ac11 cess for recreational hunting and fishing should con12 tinue to permit such hunting and fishing where ap13 propriate; 

14 (2) permitting the public to access military in15 stallations for recreational hunting and fishing bene16 fits local communities by conserving and promoting 

17 the outdoors and establishing positive relations be18 tween the civilian and defense sectors; 

19 (3) any military installations that make rec20 reational hunting and fishing permits available for 

21 purchase should provide a discounted rate for active 

22 and retired members of the Armed Forces and vet23 erans with disabilities; and 

24 (4) the Department of Defense, all of the serv25 ice branches, and military installations that permit 


smartinez on DSKB9S0YB1PROD with BILLS
605 

HR 5136 PCS1S 

1 public access for recreational hunting and fishing 

2 should promote access to such installations by mak3 ing the appropriate accommodations for members of 

4 the Armed Forces and veterans with disabilities. 

5 SEC. 1068. SENSE OF CONGRESS ENCOURAGING THE PRESI6 DENT TO ORDER THE UNITED STATES FLAG 

7 TO BE FLOWN OVER UNITED STATES MILI8 TARY AND CIVILIAN OUTPOSTS IN HAITI DUR9 ING EARTHQUAKE RELIEF EFFORTS. 

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

11 (1) On January 12, 2010, the nation of Haiti 

12 was hit by a magnitude 7.0 earthquake, adversely 

13 affecting nearly 3,000,000 people. 

14 (2) The United States has provided millions of 

15 dollars in humanitarian assistance to meet imme16 diate needs on the ground and plans to give more 

17 over the next year. 

18 (3) The Armed Forces have diligently worked to 

19 aid the people of Haiti during their time of need, 

20 providing humanitarian aid and logistical support. 

21 (4) The Armed Forces, civilians, and charitable 

22 groups have led the charge in an effort to maintain 

23 civility and bring some small semblance of hope to 

24 the devastated nation. 


smartinez on DSKB9S0YB1PROD with BILLS
606 

HR 5136 PCS1S 

1 (5) Members of the Armed Forces serve as the 

2 premier ambassadors of liberty, freedom, and good3 will when tasked with a humanitarian mission. 

4 (6) The generosity of the people of the United 

5 States is known the world over and the United 

6 States flag is universally recognized as a symbol of 

7 that generosity. 

8 (7) The United States has provided more aid to 

9 the nation of Haiti than all other nations combined. 

10 (b) SENSE OF CONGRESS.—The Congress— 

11 (1) commends the Armed Forces for their com12 mitment to completing their humanitarian mission 

13 in Haiti; and 

14 (2) encourages the President to order the 

15 United States flag to be flown over all military and 

16 civilian outposts in Haiti under United States juris17 diction. 

18 SEC. 1069. STUDY ON OPTIMAL BALANCE OF MANNED AND 

19 UNMANNED AERIAL VEHICLE CAPABILITY. 

20 (a) STUDY.— 

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

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

23 of Defense shall commission a study by an inde24 pendent, non-profit organization on the optimal balVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
607 

HR 5136 PCS1S 

1 ance between manned and unmanned aerial vehicle 

2 forces of the Armed Forces. 

3 (2) SELECTION.—The independent, non-profit 

4 organization selected for the study under paragraph 

5 (1) shall be qualified on the basis of having per6 formed work in the fields of national security and 

7 combat systems. 

8 (b) MATTERS INCLUDED.—The study under sub9 section (a) shall include the following: 

10 (1) With respect to each military department 

11 (but in particular the Air Force), an assessment of 

12 the feasibility and desirability of a more rapid tran13 sition from manned to unmanned vehicles for a 

14 range of operations, including combat operations. 

15 (2) An evaluation of the current ability of each 

16 military department to resist attacks mounted by 

17 foreign militaries with significant investments in re18 search and development and deployment of un19 manned combat drones, including an assessment of 

20 each military department’s ability to defend 

21 against— 

22 (A) a large enemy force of unmanned aer23 ial vehicles; and 

24 (B) any other relevant unmanned scenario 

25 the Secretary determines appropriate. 


smartinez on DSKB9S0YB1PROD with BILLS
608 

HR 5136 PCS1S 

1 (3) An analysis of— 

2 (A) current and future capabilities of for3 eign militaries in developing and deploying un4 manned systems; and 

5 (B) vulnerabilities to drone systems re6 vealed in past war games and other strategy 

7 materials. 

8 (4) Conclusions on the matters described in 

9 paragraphs (1) through (3) and what the inde10 pendent, non-profit organization conducting the 

11 study determines is the optimal balance of invest12 ment in development and deployment of manned 

13 versus unmanned platforms. 

14 (c) REPORT.—Not later than December 1, 2011, the 

15 Secretary of Defense shall submit to the congressional de16 fense committees, the Committee on Oversight and Gov17 ernment Reform of the House of Representatives, and the 

18 Committee on Homeland Security and Governmental Af19 fairs of the Senate a report that includes the study under 

20 subsection (a). 

21 (d) FORM.— 

22 (1) STUDY.—The study under subsection (a) 

23 shall include a classified annex with respect to the 

24 matters described in subsection (b)(3). 


smartinez on DSKB9S0YB1PROD with BILLS
609 

HR 5136 PCS1S 

1 (2) REPORT.—The report under subsection (c) 

2 may include a classified annex. 

3 TITLE XI—CIVILIAN PERSONNEL 

4 MATTERS 

5 SEC. 1101. AUTHORITY FOR THE DEPARTMENT OF DE6 FENSE TO APPROVE AN ALTERNATE METHOD 

7 OF PROCESSING EQUAL EMPLOYMENT OP8 PORTUNITY COMPLAINTS WITHIN ONE OR 

9 MORE COMPONENT ORGANIZATIONS UNDER 

10 SPECIFIED CIRCUMSTANCES. 

11 (a) AUTHORITY.—The Secretary of Defense may im12 plement within one or more of the component organiza13 tions of the Department of Defense an alternate program 

14 for processing equal employment opportunity complaints. 

15 (1) Complaints processed under the alternate 

16 program shall be subject to the procedural require17 ments established for the alternate program and 

18 shall not be subject to the procedural requirements 

19 of part 1614 of title 29 of the Code of Federal Reg20 ulations or other regulations, directives, or regu21 latory restrictions prescribed by the Equal Employ22 ment Opportunity Commission. 

23 (2) The alternate program shall include proce24 dures to reduce processing time and eliminate re25 dundancy with respect to processes for the resolution 


smartinez on DSKB9S0YB1PROD with BILLS
610 

HR 5136 PCS1S 

1 of equal employment opportunity complaints, rein2 force local management and chain-of-command ac3 countability, and provide the parties involved with 

4 early opportunity for resolution. 

5 (3) The Secretary may carry out the alternate 

6 program during a 5-year period beginning on the 

7 date of the enactment of this Act. Not later than 

8 180 days before the expiration of such period, the 

9 Secretary shall submit to the Committees on Armed 

10 Services of the House of Representatives and the 

11 Senate, a recommendation regarding whether the 

12 program should be extended for an additional pe13 riod. 

14 (4)(A) Participation in the alternate program 

15 shall be voluntary on the part of the complainant. 

16 Complainants who participate in the alternate pro17 gram shall retain the right to appeal a final agency 

18 decision to the Equal Employment Opportunity 

19 Commission and to file suit in district court. The 

20 Equal Employment Opportunity Commission shall 

21 not reverse a final agency decision on the grounds 

22 that the agency did not comply with the regulatory 

23 requirements promulgated by the Commission. 

24 (B) Subparagraph (A) shall apply to all cases 

25 filed with the Commission after the date of the enVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
611 

HR 5136 PCS1S 

1 actment of this Act and under the alternate program 

2 established under this subsection. 

3 (C) The Secretary shall consult with the Equal 

4 Employment Commission in the development of the 

5 alternate program. 

6 (b) EVALUATION PLAN.—The Secretary of Defense 

7 shall develop an evaluation plan to accurately and reliably 

8 assess the results of each alternate program implemented 

9 under subsection (a), identifying the key features of the 

10 program, including— 

11 (1) well-defined, clear, and measurable objec12 tives; 

13 (2) measures that are directly linked to the pro14 gram objectives; 

15 (3) criteria for determining the program per16 formance; 

17 (4) a way to isolate the effects of the alternate 

18 program; 

19 (5) a data analysis plan for the evaluation de20 sign; and 

21 (6) a detailed plan to ensure that data collec22 tion, entry, and storage are reliable and error-free. 

23 (c) REPORTS.—The Comptroller General shall submit 

24 to the Speaker of the House of Representatives and the 


smartinez on DSKB9S0YB1PROD with BILLS
612 

HR 5136 PCS1S 

1 President pro tempore of the Senate, two reports on the 

2 alternate program. 

3 (1) CONTENTS OF REPORTS.—Each report shall 

4 contain the following: 

5 (A) A description of the processes tested 

6 by the alternate program. 

7 (B) The results of the testing of such proc8 esses. 

9 (C) Recommendations for changes to the 

10 processes for the resolution of equal employ11 ment opportunity complaints as a result of the 

12 alternate program. 

13 (D) A comparison of the processes used, 

14 and results obtained, under the alternate pro15 gram to traditional and alternative dispute res16 olution processes used in the Government or 

17 private industry. 

18 (2) DATES OF SUBMISSION.—The first of such 

19 reports shall be submitted at the end of the 2-year 

20 period beginning on the date of the enactment of 

21 this Act. The second of such reports shall be sub22 mitted at the end of the 4-year period beginning on 

23 the date of the enactment of this Act. 


smartinez on DSKB9S0YB1PROD with BILLS
613 

HR 5136 PCS1S 

1 SEC. 1102. CLARIFICATION OF AUTHORITIES AT PER2 SONNEL DEMONSTRATION LABORATORIES. 

3 (a) CLARIFICATION OF APPLICABILITY OF DIRECT

4 HIRE AUTHORITY.—Section 1108 of the Duncan Hunter 

5 National Defense Authorization Act for Fiscal Year 2009 

6 (Public Law 110–417; 122 Stat. 4618; 10 U.S.C. 1580 

7 note) is amended— 

8 (1) in subsection (b), by striking ‘‘identified’’ 

9 and all that follows and inserting ‘‘designated by 

10 section 1105(a) of the National Defense Authoriza11 tion Act for Fiscal Year 2010 (Public Law 111–84; 

12 123 Stat. 2486) as a Department of Defense science 

13 and technology reinvention laboratory.’’; and 

14 (2) in subsection (c), by striking ‘‘2 percent’’ 

15 and inserting ‘‘4 percent’’. 

16 (b) CLARIFICATION OF APPLICABILITY OF FULL IM17 PLEMENTATION REQUIREMENT.—Section 1107 of the Na18 tional Defense Authorization Act for Fiscal Year 2008 

19 (Public Law 110–181; 122 Stat 357; 10 U.S.C. 2358 

20 note) is amended— 

21 (1) in subsection (a), by striking ‘‘that are ex22 empted by’’ and all that follows and inserting ‘‘des23 ignated by section 1105(a) of the National Defense 

24 Authorization Act for Fiscal Year 2010 (Public Law 

25 111–84; 123 Stat. 2486) as Department of Defense 


smartinez on DSKB9S0YB1PROD with BILLS
614 

HR 5136 PCS1S 

1 science and technology reinvention laboratories.’’; 

2 and 

3 (2) in subsection (c), by striking ‘‘as enumer4 ated in’’ and all that follows and inserting ‘‘des5 ignated by section 1105(a) of the National Defense 

6 Authorization Act for Fiscal Year 2010 (Public Law 

7 111–84; 123 Stat 2486) as a Department of De8 fense science and technology reinvention labora9 tory.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 subsections (a) and (b) shall take effect as of October 28, 

12 2009. 

13 SEC. 1103. SPECIAL RULE RELATING TO CERTAIN OVER14 TIME PAY. 

15 (a) IN GENERAL.—Section 5542(a) of title 5, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘(6)(A) Notwithstanding paragraphs (1) and (2), for 

19 an employee who is described in subparagraph (B), and 

20 whose rate of basic pay exceeds the minimum rate for GS– 

21 10, the overtime hourly rate of pay is an amount equal 

22 to one and one–half times the hourly rate of basic pay 

23 of the employee, and all that amount is premium pay. 

24 ‘‘(B) This paragraph applies in the case of an em25 ployee of the Department of the Navy— 


smartinez on DSKB9S0YB1PROD with BILLS
615 

HR 5136 PCS1S 

1 ‘‘(i) who is performing work aboard or in sup2 port of the U.S.S. GEORGE WASHINGTON while 

3 that vessel is forward deployed in Japan; and 

4 ‘‘(ii) as to whom the application of this para5 graph is necessary (as determined under regulations 

6 prescribed by the Secretary of the Navy)— 

7 ‘‘(I) in order to ensure equal treatment 

8 with employees performing similar work in the 

9 United States; 

10 ‘‘(II) in order to secure the services of 

11 qualified employees; or 

12 ‘‘(III) for such other reasons as may be set 

13 forth in such regulations.’’. 

14 (b) REPORTING REQUIREMENT.—Within one year 

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

16 Navy shall submit to the Secretary of Defense and the 

17 Director of the Office of Personnel Management a report 

18 that addresses the use of paragraph (6) of section 5542(a) 

19 of title 5, United States Code, as added by subsection (a), 

20 including associated costs. 


smartinez on DSKB9S0YB1PROD with BILLS
616 

HR 5136 PCS1S 

1 SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

2 ANNUAL LIMITATION ON PREMIUM PAY AND 

3 AGGREGATE LIMITATION ON PAY FOR FED4 ERAL CIVILIAN EMPLOYEES WORKING OVER5 SEAS. 

6 Effective January 1, 2011, section 1101(a) of the 

7 Duncan Hunter National Defense Authorization Act for 

8 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), 

9 as amended by section 1106(a) of the National Defense 

10 Authorization Act for Fiscal Year 2010 (Public Law 111– 

11 84; 123 Stat. 2487), is amended by striking ‘‘calendar 

12 years 2009 and 2010’’ and inserting ‘‘calendar years 2011 

13 and 2012’’. 

14 SEC. 1105. WAIVER OF CERTAIN PAY LIMITATIONS. 

15 Section 9903(d) of title 5, United States Code, is 

16 amended— 

17 (1) by amending paragraph (2) to read as fol18 lows: 

19 ‘‘(2) An employee appointed under this section is not 

20 eligible for any bonus, monetary award, or other monetary 

21 incentive for service, except for— 

22 ‘‘(A) payments authorized under this section; 

23 and 

24 ‘‘(B) in the case of an employee who is assigned 

25 in support of a contingency operation (as defined in 


smartinez on DSKB9S0YB1PROD with BILLS
617 

HR 5136 PCS1S 

1 section 101(a)(13) of title 10), allowances and any 

2 other payments authorized under chapter 59.’’; and 

3 (2) in paragraph (3), by adding at the end the 

4 following: ‘‘In computing an employee’s total annual 

5 compensation for purposes of the preceding sen6 tence, any payment referred to in paragraph (2)(B) 

7 shall be excluded.’’. 

8 SEC. 1106. SERVICES OF POST-COMBAT CASE COORDINA9 TORS. 

10 (a) IN GENERAL.—Chapter 79 of title 5, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 7906. Services of post-combat case coordinators 

14 ‘‘(a) DEFINITIONS.—For purposes of this section— 

15 ‘‘(1) the terms ‘employee’, ‘agency’, ‘injury’, 

16 ‘war-risk hazard’, and ‘hostile force or individual’ 

17 have the meanings given those terms in section 

18 8101; and 

19 ‘‘(2) the term ‘qualified employee’ means an 

20 employee as described in subsection (b). 

21 ‘‘(b) REQUIREMENT.—The head of each agency shall, 

22 in a manner consistent with the guidelines prescribed 

23 under subsection (c), provide for the assignment of a post24 combat case coordinator in the case of any employee of 

25 such agency who suffers an injury or disability incurred, 


smartinez on DSKB9S0YB1PROD with BILLS
618 

HR 5136 PCS1S 

1 or an illness contracted, while in the performance of such 

2 employee’s duties, as a result of a war-risk hazard or dur3 ing or as a result of capture, detention, or other restraint 

4 by a hostile force or individual. 

5 ‘‘(c) GUIDELINES.—The Office of Personnel Manage6 ment shall, after such consultation as the Office considers 

7 appropriate, prescribe guidelines for the operation of this 

8 section. Under the guidelines, the responsibilities of a 

9 post-combat case coordinator shall include— 

10 ‘‘(1) acting as the main point of contact for 

11 qualified employees seeking administrative guidance 

12 or assistance relating to benefits under chapter 81 

13 or 89; 

14 ‘‘(2) assisting qualified employees in the collec15 tion of documentation or other supporting evidence 

16 for the expeditious processing of claims under chap17 ter 81 or 89; 

18 ‘‘(3) assisting qualified employees in connection 

19 with the receipt of prescribed medical care and the 

20 coordination of benefits under chapter 81 or 89; 

21 ‘‘(4) resolving problems relating to the receipt 

22 of benefits under chapter 81 or 89; and 

23 ‘‘(5) ensuring that qualified employees are 

24 properly screened and receive appropriate treat25 ment— 


smartinez on DSKB9S0YB1PROD with BILLS
619 

HR 5136 PCS1S 

1 ‘‘(A) for post-traumatic stress disorder or 

2 other similar disorder stemming from combat 

3 trauma; or 

4 ‘‘(B) for suicidal or homicidal thoughts or 

5 behaviors. 

6 ‘‘(d) DURATION.—The services of a post-combat case 

7 coordinator shall remain available to a qualified employee 

8 until— 

9 ‘‘(1) such employee accepts or declines a rea10 sonable offer of employment in a position in the em11 ployee’s agency for which the employee is qualified, 

12 which is not lower than 2 grades (or pay levels) 

13 below the employee’s grade (or pay level) before the 

14 occurrence or onset of the injury, disability, or ill15 ness (as referred to in subsection (a)), and which is 

16 within the employee’s commuting area; or 

17 ‘‘(2) such employee gives written notice, in such 

18 manner as the employing agency prescribes, that 

19 those services are no longer desired or necessary.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 for chapter 79 of title 5, United States Code, is amended 

22 by adding after the item relating to section 7905 the fol23 lowing: 

‘‘7906. Services of post-combat case coordinators.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
620 

HR 5136 PCS1S 

1 SEC. 1107. AUTHORITY TO WAIVE MAXIMUM AGE LIMIT FOR 

2 CERTAIN APPOINTMENTS. 

3 Section 3307(e) of title 5, United States Code, is 

4 amended— 

5 (1) by striking ‘‘(e) The’’ and inserting ‘‘(e)(1) 

6 Except as provided in paragraph (2), the’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2)(A) In the case of the conversion of an agency 

9 function from performance by a contractor to performance 

10 by an employee of the agency, the head of the agency may 

11 waive any maximum limit of age, determined or fixed for 

12 positions within such agency under paragraph (1), if nec13 essary in order to promote the recruitment or appointment 

14 of experienced personnel. 

15 ‘‘(B) For purposes of this paragraph— 

16 ‘‘(i) the term ‘agency’ means the Department of 

17 Defense or a military department; and 

18 ‘‘(ii) the term ‘head of the agency’ means the 

19 Secretary of Defense or the Secretary of a military 

20 department.’’. 

21 SEC. 1108. SENSE OF CONGRESS REGARDING WAIVER OF 

22 RECOVERY OF CERTAIN PAYMENTS MADE 

23 UNDER CIVILIAN EMPLOYEES VOLUNTARY 

24 SEPARATION INCENTIVE PROGRAM. 

25 (a) CONGRESSIONAL FINDING.—Congress finds that 

26 employees and former employees of the Department of DeVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
621 

HR 5136 PCS1S 

1 fense described in subsection (c) provided a valuable serv2 ice to such Department in response to the national emer3 gency declared in the aftermath of the attacks of Sep4 tember 11, 2001. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) employees and former employees of the De8 partment of Defense described in subsection (c) de9 serve to retain or to be repaid their voluntary sepa10 ration incentive payment pursuant to section 9902 

11 of title 5, United States Code; 

12 (2) recovery of the amount of the payment re13 ferred to in section 9902 of title 5, United States 

14 Code, would be against equity and good conscience 

15 and contrary to the best interests of the United 

16 States; 

17 (3) the Secretary of Defense should waive the 

18 requirement under subsection (f)(6)(B) of section 

19 9902 of title 5, United States Code, for repayment 

20 to the Department of Defense of a voluntary separa21 tion incentive payment made under subsection (f)(1) 

22 of such section 9902 in the case of an employee or 

23 former employee of the Department of Defense de24 scribed in subsection (c); and 


smartinez on DSKB9S0YB1PROD with BILLS
622 

HR 5136 PCS1S 

1 (4) a person who has repaid to the United 

2 States all or part of the voluntary separation incen3 tive payment for which repayment is waived under 

4 this section may receive a refund of the amount pre5 viously repaid to the United States. 

6 (c) PERSONS COVERED.—Subsection (a) applies to 

7 any employee or former employee of the Department of 

8 Defense who— 

9 (1) during the period beginning on April 1, 

10 2004, and ending on May 1, 2008, received a vol11 untary separation incentive payment under section 

12 9902(f)(1) of title 5, United States Code; 

13 (2) was reappointed to a position in the Depart14 ment of Defense during the period beginning on 

15 June 1, 2004, and ending on May 1, 2008; and 

16 (3) received a written representation from an 

17 officer or employee of the Department of Defense, 

18 before accepting the reappointment referred to in 

19 paragraph (2), that recovery of the amount of the 

20 payment referred to in paragraph (1) would not be 

21 required or would be waived, and reasonably relied 

22 on that representation in accepting reappointment. 


smartinez on DSKB9S0YB1PROD with BILLS
623 

HR 5136 PCS1S 

1 SEC. 1109. SUSPENSION OF DCIPS PAY AUTHORITY EX2 TENDED FOR A YEAR. 

3 Section 1114(a) of the National Defense Authoriza4 tion Act for Fiscal Year 2010 (10 U.S.C. 1601 note) is 

5 amended by striking ‘‘December 31, 2010’’ and inserting 

6 ‘‘December 31, 2011’’. 

7 SEC. 1110. FEDERAL INTERNSHIP PROGRAMS. 

8 (a) IN GENERAL.—Subchapter I of chapter 31 of title 

9 5, United States Code, is amended by inserting after sec10 tion 3111 the following: 

11 ‘‘§ 3111a. Federal internship programs 

12 ‘‘(a) INTERNSHIP COORDINATOR.—The head of each 

13 agency operating an internship program shall appoint an 

14 individual within such agency to serve as an internship 

15 coordinator. 

16 ‘‘(b) ONLINE INFORMATION.— 

17 ‘‘(1) AGENCIES.—The head of each agency op18 erating an internship program shall make publicly 

19 available on the Internet— 

20 ‘‘(A) the name and contact information of 

21 the internship coordinator for such program; 

22 and 

23 ‘‘(B) information regarding application 

24 procedures and deadlines for such internship 

25 program. 


smartinez on DSKB9S0YB1PROD with BILLS
624 

HR 5136 PCS1S 

1 ‘‘(2) OFFICE OF PERSONNEL MANAGEMENT.— 

2 The Office of Personnel Management shall make 

3 publicly available on the Internet links to the 

4 websites where the information described in para5 graph (1) is displayed. 

6 ‘‘(c) CENTRALIZED DATABASE.—The Office shall es7 tablish and maintain a centralized electronic database that 

8 contains the names, contact information, and relevant 

9 skills of individuals who have completed or are nearing 

10 completion of an internship program and are currently 

11 seeking full-time Federal employment. 

12 ‘‘(d) EXIT INTERVIEW REQUIREMENT.—The agency 

13 operating an internship program shall conduct an exit 

14 interview of each intern that completes such program. 

15 ‘‘(e) REPORT.— 

16 ‘‘(1) IN GENERAL.—The head of each agency 

17 operating an internship program shall annually sub18 mit to the Office a report assessing such internship 

19 program. 

20 ‘‘(2) CONTENTS.—Each report required under 

21 paragraph (1) for an agency shall include, for the 1- 

22 year period ending on September 1 of the year in 

23 which the report is submitted— 

24 ‘‘(A) the number of interns that partici25 pated in an internship program at such agency; 


smartinez on DSKB9S0YB1PROD with BILLS
625 

HR 5136 PCS1S 

1 ‘‘(B) information regarding the demo2 graphic characteristics of interns at such agen3 cy, including educational background; 

4 ‘‘(C) a description of the steps taken by 

5 such agency to increase the percentage of in6 terns who are offered permanent Federal jobs 

7 and the percentage of interns who accept the 

8 offers of such jobs, and any barriers encoun9 tered; 

10 ‘‘(D) a description of activities engaged in 

11 by such agency to recruit new interns, including 

12 locations and methods; 

13 ‘‘(E) a description of the diversity of work 

14 roles offered within internship programs at such 

15 agency; 

16 ‘‘(F) a description of the mentorship por17 tion of such internship programs; and 

18 ‘‘(G) a summary of exit interviews con19 ducted by such agency upon completion of an 

20 internship program by an intern. 

21 ‘‘(3) SUBMISSION.—Each report required under 

22 paragraph (1) shall be submitted to the Office be23 tween September 1 and September 30 of each year. 

24 Not later than December 30 of each year, the Office 

25 shall submit to Congress a report summarizing the 


smartinez on DSKB9S0YB1PROD with BILLS
626 

HR 5136 PCS1S 

1 information submitted to the Office in accordance 

2 with paragraph (1) for such year. 

3 ‘‘(f) DEFINITIONS.—For purposes of this section— 

4 ‘‘(1) the term ‘internship program’ means— 

5 ‘‘(A) a volunteer service program under 

6 section 3111(b); and 

7 ‘‘(B) the Student Educational Employment 

8 Program established under section 213.3202 of 

9 title 5, Code of Federal Regulations, as in effect 

10 on January 1, 2009; 

11 ‘‘(2) the term ‘intern’ means an individual serv12 ing in an internship program.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 31 of title 5, United States Code, is amended 

15 by inserting after the item relating to section 3111 the 

16 following: 

‘‘3111a. Federal internship programs.’’. 

17 TITLE XII—MATTERS RELATING 

18 TO FOREIGN NATIONS 

19 Subtitle A—Assistance and 

20 Training 

21 SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF 

22 SPECIAL OPERATIONS TO COMBAT TER23 RORISM. 

24 (a) IN GENERAL.—Section 1208(a) of the Ronald W. 

25 Reagan National Defense Authorization Act for Fiscal 


smartinez on DSKB9S0YB1PROD with BILLS
627 

HR 5136 PCS1S 

1 Year 2005 (Public Law 108–375; 118 Stat. 2086), as 

2 most recently amended by section 1202(a) of the National 

3 Defense Authorization Act for Fiscal Year 2010 (Public 

4 Law 111–84; 123 Stat. 2511), is further amended by 

5 striking ‘‘$40,000,000’’ and inserting ‘‘$50,000,000’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall take effect on October 1, 2010. 

8 SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES 

9 TO ENHANCED LOGISTICS INTEROPER10 ABILITY AUTHORITY. 

11 (a) ENHANCED INTEROPERABILITY AUTHORITY.— 

12 Subsection (a) of section 127d of title 10, United States 

13 Code, is amended— 

14 (1) by inserting ‘‘(1)’’ before ‘‘Subject to’’; 

15 (2) by inserting ‘‘of the United States’’ after 

16 ‘‘armed forces’’; 

17 (3) by striking the second sentence; and 

18 (4) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(2) In addition to any logistic support, supplies, and 

21 services provided under paragraph (1), the Secretary may 

22 provide logistic support, supplies, and services to allied 

23 forces solely for the purpose of enhancing the interoper24 ability of the logistical support systems of military forces 

25 participating in combined operations with the United 


smartinez on DSKB9S0YB1PROD with BILLS
628 

HR 5136 PCS1S 

1 States in order to facilitate such operations. Such logistic 

2 support, supplies, and services may also be provided under 

3 this paragraph to a nonmilitary logistics, security, or simi4 lar agency of an allied government if such provision would 

5 directly benefit the armed forces of the United States. 

6 ‘‘(3) Provision of support, supplies, and services pur7 suant to paragraph (1) or (2) may be made only with the 

8 concurrence of the Secretary of State.’’. 

9 (b) CONFORMING AMENDMENTS.—Such section is 

10 further amended— 

11 (1) in subsection (b), by striking ‘‘subsection 

12 (a)’’ in paragraphs (1) and (2) and inserting ‘‘sub13 section (a)(1)’’; and 

14 (2) in subsection (c)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘Except as provided in 

17 paragraph (2), the’’ and inserting ‘‘The’’; 

18 and 

19 (ii) by striking ‘‘this section’’ and in20 serting ‘‘subsection (a)(1)’’; and 

21 (B) in paragraph (2), by striking ‘‘In addi22 tion’’ and all that follows through ‘‘fiscal year,’’ 

23 and inserting ‘‘The value of the logistic support, 

24 supplies, and services provided under subsection 

25 (a)(2) in any fiscal year may not’’. 


smartinez on DSKB9S0YB1PROD with BILLS
629 

HR 5136 PCS1S 

1 SEC. 1203. MODIFICATION AND EXTENSION OF AUTHORI2 TIES RELATING TO PROGRAM TO BUILD THE 

3 CAPACITY OF FOREIGN MILITARY FORCES. 

4 (a) ANNUAL FUNDING LIMITATION.—Subsection 

5 (c)(1) of section 1206 of the National Defense Authoriza6 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

7 Stat. 3456), as amended by section 1206(b) of the Duncan 

8 Hunter National Defense Authorization Act for Fiscal 

9 Year 2009 (Public Law 110–417; 122 Stat. 4625), is fur10 ther amended by striking ‘‘$350,000,000’’ and inserting 

11 ‘‘$500,000,000’’. 

12 (b) TEMPORARY LIMITATION ON AMOUNT FOR

13 BUILDING CAPACITY TO PARTICIPATE IN OR SUPPORT

14 MILITARY AND STABILITY OPERATIONS.— 

15 (1) IN GENERAL.—Subsection (c)(5) of such 

16 section is amended— 

17 (A) by striking ‘‘and not more than’’ and 

18 inserting ‘‘not more than’’; and 

19 (B) by inserting after ‘‘fiscal year 2011’’ 

20 the following: ‘‘, and not more than 

21 $100,000,000 may be used during fiscal year 

22 2012’’. 

23 (2) EFFECTIVE DATE.—The amendments made 

24 by paragraph (1) shall take effect on October 1, 

25 2010, and shall apply with respect to programs 


smartinez on DSKB9S0YB1PROD with BILLS
630 

HR 5136 PCS1S 

1 under subsection (a) of such section that begin on 

2 or after that date. 

3 (c) TEMPORARY AUTHORITY TO BUILD THE CAPAC4 ITY OF YEMEN’S COUNTER-TERRORISM FORCES.—Such 

5 section is further amended— 

6 (1) by redesignating subsection (g) as sub7 section (h); and 

8 (2) by inserting after subsection (f) the fol9 lowing: 

10 ‘‘(g) TEMPORARY AUTHORITY TO BUILD THE CAPAC11 ITY OF YEMEN’S COUNTER-TERRORISM FORCES.— 

12 ‘‘(1) AUTHORITY OF SECRETARY OF STATE.— 

13 ‘‘(A) IN GENERAL.—Of the funds made 

14 available under subsection (c) for the authority 

15 of subsection (a) for fiscal year 2011, the Sec16 retary of Defense shall transfer to the Secretary 

17 of State $75,000,000 of such funds for pur18 poses of providing assistance under section 23 

19 of the Arms Export Control Act (22 U.S.C. 

20 2763) to build the capacity of the counter-ter21 rorism forces of the Yemeni Ministry of Inte22 rior. 

23 ‘‘(B) CERTIFICATION.—The Secretary of 

24 Defense may transfer funds pursuant to sub25 paragraph (A) only if, not later than July 31, 


smartinez on DSKB9S0YB1PROD with BILLS
631 

HR 5136 PCS1S 

1 2011, the Secretary of State certifies to the 

2 Secretary of Defense and the congressional 

3 committees specified in subsection (e)(3) that 

4 the Secretary of State is able to effectively 

5 carry out the purpose of subparagraph (A). 

6 ‘‘(C) AVAILABILITY OF FUNDS.—Amounts 

7 available under this paragraph for the authority 

8 of subparagraph (A) for fiscal year 2011 may 

9 be used to conduct or support a program or 

10 programs under that authority that begin in fis11 cal year 2011 but end in fiscal year 2012. 

12 ‘‘(2) AUTHORITY OF SECRETARY OF DE13 FENSE.—If a certification described in paragraph 

14 (1)(B) is not made by July 31, 2011, the Secretary 

15 of Defense may, with the concurrence of the Sec16 retary of State, use up to $75,000,000 of the funds 

17 made available under subsection (c) for the authority 

18 of subsection (a) for fiscal year 2011 to conduct or 

19 support a program or programs under the authority 

20 of subsection (a) to build the capacity of the 

21 counter-terrorism forces of the Yemeni Ministry of 

22 Interior. 

23 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 

24 ‘‘(A) BY SECRETARY OF STATE.—The Sec25 retary of State shall notify the congressional 


smartinez on DSKB9S0YB1PROD with BILLS
632 

HR 5136 PCS1S 

1 committees specified in subsection (e)(3) when2 ever the Secretary of State makes a certifi3 cation under paragraph (1)(B) for purposes of 

4 exercising the authority of paragraph (1). 

5 ‘‘(B) BY SECRETARY OF DEFENSE.—The 

6 Secretary of Defense shall notify the congres7 sional committees specified in subsection (e)(3) 

8 whenever the Secretary of Defense exercises the 

9 authority of paragraph (2) to support or con10 duct a program or programs described in para11 graph (2). 

12 ‘‘(C) CONTENTS.—A notification under 

13 subparagraph (A) or (B) shall include a de14 scription of the program or programs to be con15 ducted or supported under the authority of this 

16 subsection.’’. 

17 (d) ONE-YEAR EXTENSION OF AUTHORITY.—Sub18 section (h) of such section, as most recently amended by 

19 section 1206(c) of the Duncan Hunter National Defense 

20 Authorization Act for Fiscal Year 2009 (Public Law 110– 

21 417; 122 Stat. 4625) and redesignated by subsection (c) 

22 of this section, is further amended by— 

23 (1) by striking ‘‘September 30, 2011’’ and in24 serting ‘‘September 30, 2012’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
633 

HR 5136 PCS1S 

1 (2) by striking ‘‘fiscal years 2006 through 

2 2011’’ and inserting ‘‘fiscal years 2006 through 

3 2012’’. 

4 SEC. 1204. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP 

5 FOR PEACE NATIONS TO PARTICIPATE IN 

6 THE EURO-NATO JOINT JET PILOT TRAINING 

7 PROGRAM. 

8 (a) ESTABLISHMENT OF SCHOLARSHIP PROGRAM.— 

9 The Secretary of the Air Force shall establish and main10 tain a demonstration scholarship program to allow per11 sonnel of the air forces of countries that are signatories 

12 of the Partnership for Peace Framework Document to re13 ceive undergraduate pilot training and necessary related 

14 training through the Euro-NATO Joint Jet Pilot Training 

15 (ENJJPT) program. The Secretary of the Air Force shall 

16 establish the program pursuant to regulations prescribed 

17 by the Secretary of Defense in consultation with the Sec18 retary of State. 

19 (b) TRANSPORTATION, SUPPLIES, AND ALLOW20 ANCE.—Under such conditions as the Secretary of the Air 

21 Force may prescribe, the Secretary may provide to a per22 son receiving a scholarship under the scholarship pro23 gram— 

24 (1) transportation incident to the training re25 ceived under the ENJJPT program; 


smartinez on DSKB9S0YB1PROD with BILLS
634 

HR 5136 PCS1S 

1 (2) supplies and equipment to be used during 

2 the training; 

3 (3) flight clothing and other special clothing re4 quired for the training; 

5 (4) billeting, food, and health services; and 

6 (5) a living allowance at a rate to be prescribed 

7 by the Secretary, taking into account the amount of 

8 living allowances authorized for a member of the 

9 armed forces under similar circumstances. 

10 (c) RELATION TO EURO-NATO JOINT JET PILOT

11 TRAINING PROGRAM.— 

12 (1) ENJJPT STEERING COMMITTEE AUTHOR13 ITY.—Nothing in this section shall be construed or 

14 interpreted to supersede the authority of the 

15 ENJJPT Steering Committee under the ENJJPT 

16 Memorandum of Understanding. Pursuant to the 

17 ENJJPT Memorandum of Understanding, the 

18 ENJJPT Steering Committee may resolve to forbid 

19 any airman or airmen from a Partnership for Peace 

20 nation to participate in the Euro-NATO Joint Jet 

21 Pilot Training program under the authority of a 

22 scholarship under this section. 

23 (2) NO REPRESENTATION.—Countries whose 

24 air force personnel receive scholarships under the 


smartinez on DSKB9S0YB1PROD with BILLS
635 

HR 5136 PCS1S 

1 scholarship program shall not have privilege of 

2 ENJJPT Steering Committee representation. 

3 (d) LIMITATION ON ELIGIBLE COUNTRIES.—The 

4 Secretary of the Air Force may not use the authority in 

5 subsection (a) to provide assistance described in sub6 section (b) to any foreign country that is otherwise prohib7 ited from receiving such type of assistance under the For8 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or 

9 any other provision of law. 

10 (e) COST-SHARING.—For purposes of ENJJPT cost11 sharing, personnel of an air force of a foreign country who 

12 receive a scholarship under the scholarship program may 

13 be counted as United States pilots. 

14 (f) PROGRESS REPORT.—Not later than February 1, 

15 2015, the Secretary of the Air Force shall submit to the 

16 congressional defense committees, the Committee on For17 eign Affairs of the House of Representatives, and the 

18 Committee on Foreign Relations of the Senate a report 

19 on the status of the demonstration program, including the 

20 opinion of the Secretary and NATO allies on the benefits 

21 of the program and whether or not to permanently author22 ize the program or extend the program beyond fiscal year 

23 2015. The report shall specify the following: 

24 (1) The countries participating in the scholar25 ship program. 


smartinez on DSKB9S0YB1PROD with BILLS
636 

HR 5136 PCS1S 

1 (2) The total number of foreign pilots who re2 ceived scholarships under the scholarship program. 

3 (3) The amount expended on scholarships 

4 under the scholarship program. 

5 (4) The source of funding for scholarships 

6 under the scholarship program. 

7 (g) DURATION.—No scholarship may be awarded 

8 under the scholarship program after September 30, 2015. 

9 (h) FUNDING SOURCE.—Amounts to award scholar10 ships under the scholarship program shall be derived from 

11 amounts authorized to be appropriated for operation and 

12 maintenance for the Air Force. 

13 Subtitle B—Matters Relating to 

14 Iraq, Afghanistan, and Pakistan 

15 SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR 

16 CERTAIN PURPOSES RELATING TO IRAQ. 

17 No funds appropriated pursuant to an authorization 

18 of appropriations in this Act may be obligated or expended 

19 for a purpose as follows: 

20 (1) To establish any military installation or 

21 base for the purpose of providing for the permanent 

22 stationing of United States Armed Forces in Iraq. 

23 (2) To exercise United States control of the oil 

24 resources of Iraq. 


smartinez on DSKB9S0YB1PROD with BILLS
637 

HR 5136 PCS1S 

1 SEC. 1212. COMMANDERS’ EMERGENCY RESPONSE PRO2 GRAM. 

3 (a) AUTHORITY FOR FISCAL YEAR 2011.—During 

4 fiscal year 2011, from funds made available to the Depart5 ment of Defense for operation and maintenance for such 

6 fiscal year— 

7 (1) not to exceed $100,000,000 may be used by 

8 the Secretary of Defense in such fiscal year to pro9 vide funds for the Commanders’ Emergency Re10 sponse Program in Iraq; and 

11 (2) not to exceed $800,000,000 may be used by 

12 the Secretary of Defense in such fiscal year to pro13 vide funds for the Commanders’ Emergency Re14 sponse Program in Afghanistan. 

15 (b) QUARTERLY REPORTS.— 

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

17 the end of each fiscal-year quarter of fiscal year 

18 2011, the Secretary of Defense shall submit to the 

19 congressional defense committees a report regarding 

20 the Commanders’ Emergency Response Program. 

21 (2) MATTERS TO BE INCLUDED.—The report 

22 required under paragraph (1) shall include the fol23 lowing: 

24 (A) The allocation and use of funds under 

25 the Commanders’ Emergency Response Pro26 gram or any other provision of law making 


smartinez on DSKB9S0YB1PROD with BILLS
638 

HR 5136 PCS1S 

1 funding available for the Commanders’ Emer2 gency Response Program during the fiscal-year 

3 quarter. 

4 (B) The dates of obligation and expendi5 ture of such funds during the fiscal-year quar6 ter. 

7 (C) A description of each project for which 

8 amounts in excess of $500,000 were obligated 

9 or expended during the fiscal-year quarter. 

10 (D) The dates of obligation and expendi11 ture of funds under the Commanders’ Emer12 gency Response Program or any other provision 

13 of law making funding available for the Com14 manders’ Emergency Response Program for 

15 each of fiscal years 2004 through 2010. 

16 (3) MATTERS TO BE INCLUDED WITH RESPECT

17 TO COMMANDERS’ EMERGENCY RESPONSE PROGRAM

18 IN IRAQ.—The report required under paragraph (1) 

19 shall include the following with respect to the Com20 manders’ Emergency Response Program in Iraq: 

21 (A) A written statement by the Secretary 

22 of Defense, or the Deputy Secretary of Defense 

23 if the authority under subsection (f) is dele24 gated to the Deputy Secretary of Defense, af25 firming that the certification required under 


smartinez on DSKB9S0YB1PROD with BILLS
639 

HR 5136 PCS1S 

1 subsection (f) was issued for each project for 

2 which amounts in excess of $1,000,000 were 

3 obligated or expended during the fiscal-year 

4 quarter. 

5 (B) For each project listed in subpara6 graph (A), the following information: 

7 (i) A description and justification for 

8 carrying out the project. 

9 (ii) A description of the extent of in10 volvement by the Government of Iraq in 

11 the project, including— 

12 (I) the amount of funds provided 

13 by the Government of Iraq for the 

14 project; and 

15 (II) a description of the plan for 

16 the transition of such project upon 

17 completion to the people of Iraq and 

18 for the sustainment of any completed 

19 facilities, including any commitments 

20 by the Government of Iraq to sustain 

21 projects requiring the support of the 

22 Government of Iraq for sustainment. 

23 (iii) A description of the current sta24 tus of the project, including, where appro25 priate, the projected completion date. 


smartinez on DSKB9S0YB1PROD with BILLS
640 

HR 5136 PCS1S 

1 (C) A description of the status of 

2 transitioning activities to the Government of 

3 Iraq, including— 

4 (i) the level of funding provided and 

5 expended by the Government of Iraq in 

6 programs designed to meet urgent humani7 tarian relief and reconstruction require8 ments that immediately assist the Iraqi 

9 people; and 

10 (ii) a description of the progress made 

11 in transitioning the responsibility for the 

12 Sons of Iraq Program to the Government 

13 of Iraq. 

14 (c) SUBMISSION OF GUIDANCE.— 

15 (1) INITIAL SUBMISSION.—Not later than 30 

16 days after the date of the enactment of this Act, the 

17 Secretary of Defense shall submit to the congres18 sional defense committees a copy of the guidance 

19 issued by the Secretary to the Armed Forces con20 cerning the allocation of funds through the Com21 manders’ Emergency Response Program. 

22 (2) MODIFICATIONS.—If the guidance in effect 

23 for the purpose stated in paragraph (1) is modified, 

24 the Secretary shall submit to the congressional de25 fense committees a copy of the modification not later 


smartinez on DSKB9S0YB1PROD with BILLS
641 

HR 5136 PCS1S 

1 than 15 days after the date on which the Secretary 

2 makes the modification. 

3 (d) WAIVER AUTHORITY.—For purposes of exer4 cising the authority provided by this section or any other 

5 provision of law making funding available for the Com6 manders’ Emergency Response Program, the Secretary of 

7 Defense may waive any provision of law not contained in 

8 this section that would (but for the waiver) prohibit, re9 strict, limit, or otherwise constrain the exercise of that au10 thority. 

11 (e) PROHIBITION ON CERTAIN PROJECTS UNDER

12 COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN

13 IRAQ.— 

14 (1) PROHIBITION.—Except as provided in para15 graph (2), funds made available under this section 

16 for the Commanders’ Emergency Response Program 

17 in Iraq may not be obligated or expended to carry 

18 out any project if the total amount of such funds 

19 made available for the purpose of carrying out the 

20 project exceeds $2,000,000. 

21 (2) EXCEPTION.—The prohibition contained in 

22 paragraph (1) shall not apply with respect to funds 

23 managed or controlled by the Department of De24 fense that were otherwise provided by another de25 partment or agency of the United States GovernVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
642 

HR 5136 PCS1S 

1 ment, the Government of Iraq, the government of a 

2 foreign country, a foundation or other charitable or3 ganization (including a foundation or charitable or4 ganization that is organized or operates under the 

5 laws of a foreign country), or any source in the pri6 vate sector of the United States or a foreign coun7 try. 

8 (3) WAIVER.—The Secretary of Defense may 

9 waive the prohibition contained in paragraph (1) if 

10 the Secretary— 

11 (A) determines that such a waiver is re12 quired to meet urgent humanitarian relief and 

13 reconstruction requirements that will imme14 diately assist the Iraqi people; and 

15 (B) submits in writing, within 15 days of 

16 issuing such waiver, to the congressional de17 fense committees a notification of the waiver, 

18 together with a discussion of— 

19 (i) the unmet and urgent needs to be 

20 addressed by the project; and 

21 (ii) any arrangements between the 

22 Government of the United States and the 

23 Government of Iraq regarding the provi24 sion of Iraqi funds for carrying out and 

25 sustaining the project. 


smartinez on DSKB9S0YB1PROD with BILLS
643 

HR 5136 PCS1S 

1 (f) CERTIFICATION OF CERTAIN PROJECTS UNDER

2 THE COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN

3 IRAQ.— 

4 (1) CERTIFICATION.—Funds made available 

5 under this section for the Commanders’ Emergency 

6 Response Program in Iraq may not be obligated or 

7 expended to carry out any project if the total 

8 amount of such funds made available for the pur9 pose of carrying out the project exceeds $1,000,000 

10 unless the Secretary of Defense certifies that the 

11 project addresses urgent humanitarian relief and re12 construction requirements that will immediately as13 sist the Iraqi people. 

14 (2) DELEGATION.—The Secretary may delegate 

15 the authority under paragraph (1) to the Deputy 

16 Secretary of Defense. 

17 (g) DEFINITIONS.—In this section— 

18 (1) the term ‘‘Commanders’ Emergency Re19 sponse Program’’ means— 

20 (A) with respect to Iraq, the program es21 tablished by the Administrator of the Coalition 

22 Provisional Authority for the purpose of ena23 bling United States military commanders in 

24 Iraq to respond to urgent humanitarian relief 

25 and reconstruction requirements within their 


smartinez on DSKB9S0YB1PROD with BILLS
644 

HR 5136 PCS1S 

1 areas of responsibility by carrying out programs 

2 that will immediately assist the Iraqi people; 

3 and 

4 (B) with respect to Afghanistan, the pro5 gram established for Afghanistan for purposes 

6 similar to the program established for Iraq, as 

7 described in subparagraph (A); 

8 (2) the term ‘‘Commanders’ Emergency Re9 sponse Program in Iraq’’ means the program de10 scribed in paragraph (1)(A); and 

11 (3) the term ‘‘Commanders’ Emergency Re12 sponse Program in Afghanistan’’ means the program 

13 described in paragraph (1)(B). 

14 SEC. 1213. MODIFICATION OF AUTHORITY FOR REIMBURSE15 MENT TO CERTAIN COALITION NATIONS FOR 

16 SUPPORT PROVIDED TO UNITED STATES 

17 MILITARY OPERATIONS. 

18 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

19 section 1233 of the National Defense Authorization Act 

20 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

21 393), as amended by section 1223 of the National Defense 

22 Authorization Act for Fiscal Year 2010 (Public Law 111– 

23 84; 123 Stat. 2519), is further amended— 

24 (1) in the matter preceding paragraph (1), by 

25 striking ‘‘2010’’ and inserting ‘‘2011’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
645 

HR 5136 PCS1S 

1 (2) by adding at the end the following: 

2 ‘‘(3) Logistical and military support provided 

3 by that nation to confront the threat posed by 

4 al’Qaida, the Taliban, and other militant extremists 

5 in Pakistan.’’. 

6 (b) LIMITATION ON AMOUNT.—Subsection (d)(1) of 

7 such section is amended by striking ‘‘2010’’ and inserting 

8 ‘‘2011’’. 

9 SEC. 1214. MODIFICATION OF REPORT ON RESPONSIBLE 

10 REDEPLOYMENT OF UNITED STATES ARMED 

11 FORCES FROM IRAQ. 

12 (a) REPORT REQUIRED.—Subsection (a) of section 

13 1227 of the National Defense Authorization Act for Fiscal 

14 Year 2010 (Public Law 111–84; 123 Stat. 2525; 50 

15 U.S.C. 1541 note) is amended— 

16 (1) by striking ‘‘December 31, 2009’’ and in17 serting ‘‘December 31, 2010’’; and 

18 (2) by striking ‘‘90 days thereafter’’ and insert19 ing ‘‘180 days thereafter’’. 

20 (b) ELEMENTS.—Subsection (b) of such section is 

21 amended— 

22 (1) in paragraph (5), by striking ‘‘Multi-Na23 tional Force–Iraq’’ each place it occurs and inserting 

24 ‘‘United States Forces–Iraq’’; and 

25 (2) by adding at the end the following: 


smartinez on DSKB9S0YB1PROD with BILLS
646 

HR 5136 PCS1S 

1 ‘‘(6) An assessment of progress to transfer re2 sponsibility of programs, projects, and activities car3 ried out in Iraq by the Department of Defense to 

4 other United States Government departments and 

5 agencies, international or nongovernmental entities, 

6 or the Government of Iraq. The assessment should 

7 include a description of the numbers and categories 

8 of programs, projects, and activities for which such 

9 other entities have taken responsibility or which 

10 have been discontinued by the Department of De11 fense. The assessment should also include a discus12 sion of any difficulties or barriers in transitioning 

13 such programs, projects, and activities and what, if 

14 any, solutions have been developed to address such 

15 difficulties or barriers. 

16 ‘‘(7) An assessment of progress toward the goal 

17 of establishing those minimum essential capabilities 

18 determined by the Secretary of Defense as necessary 

19 to allow the Government of Iraq to provide for its 

20 own internal and external defense, including a de21 scription of— 

22 ‘‘(A) such capabilities both extant and re23 maining to be developed; 

24 ‘‘(B) major military equipment necessary 

25 to achieve such capabilities; 


smartinez on DSKB9S0YB1PROD with BILLS
647 

HR 5136 PCS1S 

1 ‘‘(C) the level and type of support provided 

2 by the United States to address shortfalls in 

3 such capabilities; and 

4 ‘‘(D) the level of commitment, both finan5 cial and political, made by the Government of 

6 Iraq to develop such capabilities, including a 

7 discussion of resources used by the Government 

8 of Iraq to develop capabilities that the Sec9 retary determines are not minimum essential 

10 capabilities for purposes of this paragraph. 

11 ‘‘(8) An assessment of the anticipated level and 

12 type of support to be provided by United States spe13 cial operations forces to the Government of Iraq and 

14 Iraqi special operations forces during the redeploy15 ment of United States conventional forces from Iraq. 

16 The assessment should include a listing of antici17 pated organic support, organic combat service sup18 port, and additional critical enabling asset require19 ments for United States special operations forces 

20 and Iraqi special operations forces, to include engi21 neers, rotary aircraft, logisticians, communications 

22 assets, information support specialists, forensic ana23 lysts, and intelligence, surveillance, and reconnais24 sance assets needed through December 31, 2011.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
648 

HR 5136 PCS1S 

1 (c) SECRETARY OF STATE COMMENTS.—Such section 

2 is further amended by striking subsection (c) and insert3 ing the following: 

4 ‘‘(c) SECRETARY OF STATE COMMENTS.—Prior to 

5 submitting the report required under subsection (a), the 

6 Secretary of Defense shall provide a copy of the report 

7 to the Secretary of State for review. At the request of the 

8 Secretary of State, the Secretary of Defense shall include 

9 an appendix to the report which contains any comments 

10 or additional information that the Secretary of State re11 quests.’’. 

12 (d) FORM.—Subsection (d) of such section is amend13 ed by striking ‘‘, whether or not included in another report 

14 on Iraq submitted to Congress by the Secretary of De15 fense,’’. 

16 (e) TERMINATION.—Such section is further amended 

17 by adding at the end the following: 

18 ‘‘(f) TERMINATION.—The requirement to submit the 

19 report required under subsection (a) shall terminate on 

20 September 30, 2012.’’. 

21 (f) REPEAL OF OTHER REPORTING REQUIRE22 MENTS.—The following provisions of law are hereby re23 pealed: 

24 (1) Section 1227 of the National Defense Au25 thorization Act for Fiscal Year 2006 (Public Law 


smartinez on DSKB9S0YB1PROD with BILLS
649 

HR 5136 PCS1S 

1 109–163; 119 Stat. 3465; 50 U.S.C. 1541 note) (as 

2 amended by section 1223 of the National Defense 

3 Authorization Act for Fiscal Year 2008 (Public Law 

4 110–181; 122 Stat. 373)). 

5 (2) Section 1225 of the National Defense Au6 thorization Act for Fiscal Year 2008 (Public Law 

7 110–181; 122 Stat. 375). 

8 SEC. 1215. MODIFICATION OF REPORTS RELATING TO AF9 GHANISTAN. 

10 (a) REPORT ON PROGRESS TOWARD SECURITY AND

11 STABILITY IN AFGHANISTAN.— 

12 (1) REPORT REQUIRED.—Subsection (a) of sec13 tion 1230 of the National Defense Authorization Act 

14 for Fiscal Year 2008 (Public Law 110–181; 122 

15 Stat. 385), as amended by section 1236 of the Na16 tional Defense Authorization Act for Fiscal Year 

17 2010 (Public Law 111–84; 123 Stat. 2535), is fur18 ther amended by striking ‘‘2011’’ and inserting 

19 ‘‘2012’’. 

20 (2) MATTERS TO BE INCLUDED: STRATEGIC DI21 RECTION OF UNITED STATES ACTIVITIES RELATING

22 TO SECURITY AND STABILITY IN AFGHANISTAN.— 

23 Subsection (c) of such section is amended by adding 

24 at the end the following: 


smartinez on DSKB9S0YB1PROD with BILLS
650 

HR 5136 PCS1S 

1 ‘‘(8) CONDITIONS NECESSARY FOR ACHIEVE2 MENT OF PROGRESS.—A discussion of the conditions 

3 and criteria that would need to exist in key districts 

4 and across Afghanistan to— 

5 ‘‘(A) meet United States and coalition 

6 goals in Afghanistan and the region; 

7 ‘‘(B) permit the transition of lead security 

8 responsibility in key districts to the Government 

9 of Afghanistan; and 

10 ‘‘(C) permit the redeployment of United 

11 States Armed Forces and coalition forces from 

12 Afghanistan.’’. 

13 (3) MATTERS TO BE INCLUDED: PERFORMANCE

14 INDICATORS AND MEASURES OF PROGRESS TOWARD

15 SUSTAINABLE LONG-TERM SECURITY AND STABILITY

16 IN AFGHANISTAN.—Subsection (d) of such section is 

17 amended by adding at the end the following: 

18 ‘‘(3) CONDITIONS NECESSARY FOR ACHIEVE19 MENT OF PROGRESS.—With respect to each perform20 ance indicator and measure of progress specified in 

21 paragraph (2) (A) through (L), the report shall in22 clude a description of the conditions that would need 

23 to exist in Afghanistan for the Secretary of Defense 

24 to conclude that such indicator or measure of 

25 progress has been achieved.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
651 

HR 5136 PCS1S 

1 (b) UNITED STATES PLAN FOR SUSTAINING THE AF2 GHANISTAN NATIONAL SECURITY FORCES.—Section 

3 1231(a) of the National Defense Authorization Act for 

4 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 390) 

5 is amended by striking ‘‘2010’’ and inserting ‘‘2012’’. 

6 SEC. 1216. NO PERMANENT MILITARY BASES IN AFGHANI7 STAN. 

8 None of the funds authorized to be appropriated by 

9 this Act may be obligated or expended by the United 

10 States Government to establish any military installation 

11 or base for the purpose of providing for the permanent 

12 stationing of United States Armed Forces in Afghanistan. 

13 SEC. 1217. AUTHORITY TO USE FUNDS FOR REINTEGRA14 TION ACTIVITIES IN AFGHANISTAN. 

15 (a) AUTHORITY.—If a certification described in sub16 section (b) is made in accordance with such subsection, 

17 the Secretary of Defense may utilize not more than 

18 $50,000,000 from funds made available to the Depart19 ment of Defense for operations and maintenance for fiscal 

20 year 2011 to support in those areas of Afghanistan speci21 fied in the certification the reintegration into Afghan soci22 ety of those individuals who— 

23 (1) have ceased all support to the insurgency in 

24 Afghanistan; 


smartinez on DSKB9S0YB1PROD with BILLS
652 

HR 5136 PCS1S 

1 (2) have agreed to live in accordance with the 

2 Constitution of Afghanistan; 

3 (3) have renounced violence against the Govern4 ment of Afghanistan and its international partners; 

5 and 

6 (4) do not have material ties to al Qaeda or af7 filiated transnational terrorist organizations. 

8 (b) CERTIFICATION.—A certification described in this 

9 subsection is a certification made by the Secretary of 

10 State, in coordination with the Administrator of United 

11 States Agency for International Development, to the ap12 propriate congressional committees stating that it is nec13 essary for the Department of Defense to carry out a pro14 gram of reintegration in areas of Afghanistan that are 

15 specified by the Secretary of State in the certification. 

16 Such certification shall include— 

17 (1) a statement that such program is necessary 

18 to support the goals of the United States in Afghan19 istan; and 

20 (2) a certification that the Department of State 

21 and the United States Agency for International De22 velopment are unable to carry out a similar program 

23 of reintegration in the areas specified by the Sec24 retary of State because of the security environment 

25 of such areas or for other reasons. 


smartinez on DSKB9S0YB1PROD with BILLS
653 

HR 5136 PCS1S 

1 (c) SUBMISSION OF GUIDANCE.— 

2 (1) INITIAL SUBMISSION.—Not later than 30 

3 days after the date of the enactment of this Act, the 

4 Secretary of Defense, with the concurrence of the 

5 Secretary of State, shall submit to the appropriate 

6 congressional committees a copy of the guidance 

7 issued by the Secretary or the Secretary’s designee 

8 concerning the allocation of funds utilizing the au9 thority of subsection (a). Such guidance shall in10 clude— 

11 (A) mechanisms for coordination with the 

12 Government of Afghanistan and other United 

13 States Government departments and agencies 

14 as appropriate; 

15 (B) mechanisms to track the status of 

16 those individuals described in subsection (a); 

17 and 

18 (C) metrics to monitor and evaluate the 

19 impact of funds used pursuant to subsection 

20 (a). 

21 (2) MODIFICATIONS.—If the guidance in effect 

22 for the purpose stated in paragraph (1) is modified, 

23 the Secretary of Defense, with the concurrence of 

24 the Secretary of State, shall submit to the appro25 priate congressional committees a copy of the modiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
654 

HR 5136 PCS1S 

1 fication not later than 15 days after the date on 

2 which such modification is made. 

3 (d) QUARTERLY REPORTS.—The Secretary of De4 fense shall submit to the appropriate congressional com5 mittees a report on activities carried out utilizing the au6 thority of subsection (a). 

7 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE8 FINED.—In this section, the term ‘‘appropriate congres9 sional committees’’ means— 

10 (1) the congressional defense committees; and 

11 (2) the Committee on Foreign Affairs of the 

12 House of Representative and the Committee on For13 eign Relations of the Senate. 

14 (f) EXPIRATION.—The authority to utilize funds 

15 under subsection (a) shall expire at the close of December 

16 31, 2011. 

17 SEC. 1218. ONE-YEAR EXTENSION OF PAKISTAN COUNTER18 INSURGENCY FUND. 

19 Section 1224(h) of the National Defense Authoriza20 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

21 Stat. 2521) is amended by striking ‘‘September 30, 2010’’ 

22 both places it appears and inserting ‘‘September 30, 

23 2011’’. 


smartinez on DSKB9S0YB1PROD with BILLS
655 

HR 5136 PCS1S 

1 SEC. 1219. AUTHORITY TO USE FUNDS TO PROVIDE SUP2 PORT TO COALITION FORCES SUPPORTING 

3 MILITARY AND STABILITY OPERATIONS IN 

4 IRAQ AND AFGHANISTAN. 

5 (a) AUTHORITY.—Notwithstanding section 127d(c) 

6 of title 10, United States Code, up to $400,000,000 of 

7 the funds available to the Department of Defense by sec8 tion 1509 of this Act may be used to provide supplies, 

9 services, transportation, including airlift and sealift, and 

10 other logistical support to coalition forces supporting mili11 tary and stability operations in Iraq and Afghanistan. 

12 (b) QUARTERLY REPORTS.—The Secretary of De13 fense shall submit quarterly reports to the congressional 

14 defense committees regarding support provided under this 

15 section. 

16 SEC. 1220. REQUIREMENT TO PROVIDE UNITED STATES 

17 BRIGADE AND EQUIVALENT UNITS DE18 PLOYED TO AFGHANISTAN WITH THE COM19 MENSURATE LEVEL OF UNIT AND THEATER20 WIDE COMBAT ENABLERS. 

21 (a) STATEMENT OF POLICY.—It is the policy of the 

22 United States to provide each United States brigade and 

23 equivalent units deployed to Afghanistan with the com24 mensurate level of unit and theater-wide combat enablers 

25 to— 


smartinez on DSKB9S0YB1PROD with BILLS
656 

HR 5136 PCS1S 

1 (1) implement the United States strategy to 

2 disrupt, dismantle, and defeat al Qaeda, the Taliban, 

3 and their affiliated networks and eliminate their safe 

4 haven; 

5 (2) achieve the military campaign plan; 

6 (3) minimize the level risk to United States, co7 alition, and Afghan forces; and 

8 (4) reduce the number of military and civilian 

9 casualties. 

10 (b) REQUIREMENT.—In order to achieve the policy 

11 expressed in subsection (a), the Secretary of Defense shall 

12 provide each United States brigade and equivalent units 

13 deployed to Afghanistan with the commensurate level of 

14 unit and theater-wide combat enablers. 

15 (c) REPORT.—Not later than 30 days after the date 

16 of the enactment of this Act, the Secretary of Defense 

17 shall submit to the Committees on Armed Services of the 

18 Senate and House of Representatives a report con19 taining— 

20 (1) a description of United States Forces–Af21 ghanistan requests for forces for fiscal years 2008, 

22 2009, and 2010; 

23 (2) a description of the current troop-to-task 

24 analysis and resource requirements; 


smartinez on DSKB9S0YB1PROD with BILLS
657 

HR 5136 PCS1S 

1 (3) the number of United States brigade and 

2 equivalent units deployed to Afghanistan; 

3 (4) the number of United States unit and the4 ater-wide combat enablers deployed to Afghanistan, 

5 including at a minimum, a breakdown of— 

6 (A) Intelligence, Surveillance, and Recon7 naissance (ISR); 

8 (B) force protection, including force pro9 tection at each United States Forward Oper10 ating Base (FOB); and 

11 (C) medical evacuation (MEDEVAC); and 

12 (5) an assessment of the risk to United States, 

13 coalition, and Afghan forces based on a lack of com14 bat enablers. 

15 (d) COMBAT ENABLERS DEFINED.—In this section, 

16 the term ‘‘combat enablers’’ includes— 

17 (1) Intelligence, Surveillance, and Reconnais18 sance (ISR); 

19 (2) force protection, including force protection 

20 at each United States Forward Operating Base 

21 (FOB); 

22 (3) medical evacuation (MEDEVAC); and 

23 (4) any other combat enablers as determined by 

24 the Secretary of Defense. 


smartinez on DSKB9S0YB1PROD with BILLS
658 

HR 5136 PCS1S 

1 SEC. 1221. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 ELECTIONS IN AFGHANISTAN. 

3 (a) LIMITATION.—No funds authorized to be appro4 priated by this Act may be made available to support the 

5 holding of elections in Afghanistan unless and until the 

6 President submits a certification described in subsection 

7 (b) to the congressional officials specified in subsection 

8 (c). 

9 (b) CERTIFICATION DESCRIBED.—A certification de10 scribed in this subsection is certification in writing that 

11 contains a determination of the President of the following: 

12 (1) The Afghanistan Independent Election 

13 Commission has the professional capacity, personnel, 

14 skills, independence, and legal authority to conduct 

15 and oversee free, fair, and honest elections. 

16 (2) The Afghanistan Independent Election 

17 Commission, to the extent possible, has been purged 

18 of all members and staff who committed or were 

19 otherwise participants in any fraud of the 2009 

20 presidential elections, including covering up the elec21 toral fraud or otherwise were negligent in inves22 tigating allegations of electoral fraud. 

23 (3) The Afghan Electoral Complaints Commis24 sion is a genuinely independent body with all the au25 thorities that were invested in it under Afghanistan 


smartinez on DSKB9S0YB1PROD with BILLS
659 

HR 5136 PCS1S 

1 law as of December 31, 2009, and with no members 

2 appointed by President Hamid Karzai. 

3 (c) CONGRESSIONAL OFFICIALS SPECIFIED.—The 

4 congressional officials specified in this subsection are the 

5 following: 

6 (1) The Speaker and minority leader of the 

7 House of Representatives. 

8 (2) The majority leader and minority leader of 

9 the Senate. 

10 (3) The Chairman and ranking member of the 

11 Committee on Armed Services and the Chairman 

12 and ranking member of the Committee on Foreign 

13 Affairs of the House of Representatives. 

14 (4) The Chairman and ranking member of the 

15 Committee on Armed Services and the Chairman 

16 and ranking member of the Committee on Foreign 

17 Relations of the Senate. 

18 SEC. 1222. RECOMMENDATIONS ON OVERSIGHT OF CON19 TRACTORS ENGAGED IN ACTIVITIES RELAT20 ING TO AFGHANISTAN. 

21 (a) RECOMMENDATIONS REQUIRED.—Not later than 

22 90 days after the date of the enactment of this Act, the 

23 Special Inspector General for Afghanistan Reconstruction 

24 shall, in consultation with the Inspector General of the De25 partment of Defense, the Inspector General of the United 


smartinez on DSKB9S0YB1PROD with BILLS
660 

HR 5136 PCS1S 

1 States Agency for International Development, and the In2 spector General of the Department of State— 

3 (1) issue recommendations on measures to in4 crease oversight of contractors engaged in activities 

5 relating to Afghanistan that have a record of engag6 ing in waste, fraud, or abuse; 

7 (2) report on the status of efforts of the De8 partment of Defense, the United States Agency for 

9 International Development, and the Department of 

10 State to implement existing recommendations re11 garding oversight of such contractors; and 

12 (3) report on the extent to which military and 

13 security contractors or subcontractors engaged in ac14 tivities relating to Afghanistan have been responsible 

15 for the deaths of Afghan civilians. 

16 (b) ELEMENTS OF RECOMMENDATIONS.—The rec17 ommendations issued under subsection (a)(1) shall in18 clude— 

19 (1) recommendations for reducing the reliance 

20 of the United States on— 

21 (A) military and security contractors or 

22 subcontractors engaged in activities relating to 

23 Afghanistan that have been responsible respon24 sible for the deaths of Afghan civilians; and 


smartinez on DSKB9S0YB1PROD with BILLS
661 

HR 5136 PCS1S 

1 (B) Afghan militias or other armed groups 

2 that are not part of the Afghan National Secu3 rity Forces; and 

4 (2) recommendations for prohibiting the De5 partment of Defense, the Department of State, or 

6 the United States Agency for International Develop7 ment from entering into contracts with contractors 

8 engaged in activities relating to Afghanistan that 

9 have a record of engaging in waste, fraud, or abuse. 

10 SEC. 1223. REPORT ON LONG-TERM COSTS OF OPERATION 

11 IRAQI FREEDOM AND OPERATION ENDURING 

12 FREEDOM. 

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

14 (1) The United States has been engaged in 

15 military operations in Afghanistan since October 

16 2001 and in military operations in Iraq since March 

17 2003. 

18 (2) According to the Congressional Research 

19 Service, through fiscal year 2009, Congress has ap20 propriated $944,000,000,000 for the Department of 

21 Defense, the Department of State, and for medical 

22 costs paid by the Department of Veterans Affairs. 

23 This amount includes $683,000,000,000 for Iraq 

24 and $227,000,000,000 for Afghanistan. 


smartinez on DSKB9S0YB1PROD with BILLS
662 

HR 5136 PCS1S 

1 (3) Over 90 percent of Department of Defense 

2 funds for operations in Iraq and Afghanistan have 

3 been provided as emergency funds in supplemental 

4 or additional appropriations. 

5 (4) The Congressional Budget Office and the 

6 Congressional Research Service have stated that fu7 ture war costs are difficult to estimate because the 

8 Department of Defense provides little information on 

9 costs incurred to date, does not report outlays or ac10 tual expenditures for war because war and baseline 

11 funds are mixed in the same accounts, and because 

12 of a lack of information from the Department of De13 fense on many of the key factors that determine 

14 costs, including personnel levels or the pace of oper15 ations. 

16 (5) Over 2 million United States troops have 

17 served in Iraq and Afghanistan since the beginning 

18 of the conflicts. 

19 (6) Over 4,400 United States troops and De20 partment of Defense civilian personnel have been 

21 killed in Operation Iraqi Freedom and over 1,060 

22 United States troops and Department of Defense ci23 vilian personnel have been killed in Operation En24 during Freedom. 


smartinez on DSKB9S0YB1PROD with BILLS
663 

HR 5136 PCS1S 

1 (7) Over 1,340 service members have suffered 

2 amputations as a result of their service in Iraq and 

3 Afghanistan. 

4 (8) More than 243,685 Iraq and Afghanistan 

5 veterans have been treated for mental health condi6 tions, more than 129,654 Iraq and Afghanistan vet7 erans have been diagnosed with Post-Traumatic 

8 Stress Disorder, and approximately 30,000 have a 

9 confirmed Traumatic Brain Injury diagnosis. 

10 (9) Approximately 46 percent of Iraq and Af11 ghanistan veterans have sought treatment at De12 partment of Veterans Affairs hospitals and clinics. 

13 (10) The Independent Review Group on Reha14 bilitative Care and Administrative Processes at Wal15 ter Reed Army Medical Center and National Naval 

16 Medical Center identified Traumatic Brain Injury, 

17 Post-Traumatic Stress Disorder, increased survival 

18 of severe burns, and traumatic amputations as the 

19 four signature wounds of the current conflicts. 

20 (11) The Independent Review Group report also 

21 states that the recovery process ‘‘can take months or 

22 years and must accommodate recurring or delayed 

23 manifestations of symptoms, extended rehabilitation 

24 and all the life complications that emerge over time 

25 from such trauma’’. 


smartinez on DSKB9S0YB1PROD with BILLS
664 

HR 5136 PCS1S 

1 (b) REPORT REQUIREMENT; SCENARIOS.—Not later 

2 than the date on which the budget of the United States 

3 Government is submitted under section 1105(a) of title 

4 31, United States Code, for fiscal year 2012, the Presi5 dent, with contributions from the Secretary of Defense, 

6 the Secretary of State, and the Secretary of the Depart7 ment of Veterans Affairs, shall submit a report to Con8 gress containing an estimate of the long-term costs of Op9 eration Iraqi Freedom and Operation Enduring Freedom. 

10 The report shall contain estimates for the following sce11 narios: 

12 (1) The number of personnel deployed in sup13 port of Operation Iraqi Freedom and Operation En14 during Freedom is reduced from current levels to 

15 approximately 150,000 by the end of fiscal year 

16 2011, 65,000 by the end of fiscal year 2012, and 

17 30,000 by the end of fiscal year 2013, and remains 

18 at that level through fiscal year 2020. 

19 (2) The number of personnel deployed in sup20 port of Operation Iraqi Freedom and Operation En21 during Freedom is increased from current levels to 

22 approximately 235,000 by the end of fiscal year 

23 2010, is reduced to 230,000 by the end of fiscal year 

24 2011, is reduced to 195,000 by the end of fiscal year 

25 2012, is reduced to 135,000 by the end of fiscal year 


smartinez on DSKB9S0YB1PROD with BILLS
665 

HR 5136 PCS1S 

1 2013, is reduced to 80,000 by the end of fiscal year 

2 2014, is reduced to 60,000 by the end of fiscal year 

3 2015, and remains at that level through fiscal year 

4 2020. 

5 (3) An alternative scenario, defined by the 

6 President and based on current war and withdrawal 

7 plans, which takes into account expected troop levels 

8 and the expected length of time that troops will be 

9 deployed in support of Operation Iraqi Freedom and 

10 Operation Enduring Freedom. 

11 (c) SPECIAL CONSIDERATIONS.—The estimates re12 quired for each scenario shall make projections through 

13 at least fiscal year 2020, shall be adjusted appropriately 

14 for inflation, shall be based on historical trends, and to 

15 the maximum extent practicable shall take into account 

16 and specify the following: 

17 (1) The total number of troops expected to be 

18 activated and deployed to Iraq and Afghanistan dur19 ing the course of Operation Iraqi Freedom and Op20 eration Enduring Freedom. This number shall in21 clude all troops deployed in the region in support of 

22 Operation Iraqi Freedom and Operation Enduring 

23 Freedom and activated reservists in the United 

24 States who are training, backfilling for deployed 

25 troops, or supporting other Department of Defense 


smartinez on DSKB9S0YB1PROD with BILLS
666 

HR 5136 PCS1S 

1 missions directly or indirectly related to Operation 

2 Iraqi Freedom and Operation Enduring Freedom. 

3 This number shall also break down activations and 

4 deployments of Active Duty, Reservists, and Na5 tional Guard troops. 

6 (2) The number of troops, including National 

7 Guard and Reserve troops, who have served and who 

8 are expected to serve multiple deployments. 

9 (3) The number of contractors and private mili10 tary security firms that have been utilized and are 

11 expected to be utilized during the course of the con12 flicts in Iraq and Afghanistan. 

13 (4) The number of veterans currently suffering 

14 and expected to suffer from Post-Traumatic Stress 

15 Disorder, Traumatic Brain Injury, or other mental 

16 injuries. 

17 (5) The number of veterans currently in need of 

18 and expected to be in need of prosthetic care and 

19 treatment because of amputations incurred during 

20 Operation Iraqi Freedom and Operation Enduring 

21 Freedom. 

22 (6) The current number of pending Department 

23 of Veterans Affairs claims from Iraq and Afghani24 stan veterans, and the total number of Iraq and Af25 ghanistan veterans expected to seek disability comVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00666 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
667 

HR 5136 PCS1S 

1 pensation benefits from the Department of Veterans 

2 Affairs. 

3 (7) The total number of troops who have been 

4 killed and wounded in Iraq and Afghanistan to date, 

5 including noncombat casualties, the total number of 

6 troops expected to suffer injuries in Iraq and Af7 ghanistan, and the total number of troops expected 

8 to be killed in Iraq and Afghanistan, including non9 combat casualties. 

10 (8) Funding already appropriated for the De11 partment of Defense, the Department of State, and 

12 the Department of Veterans Affairs for costs related 

13 to the wars in Iraq and Afghanistan. This shall in14 clude an account of the amount of funding from reg15 ular Department of Defense, Department of State, 

16 and Department of Veterans Affairs budgets that 

17 has gone and will go to Iraq and Afghanistan. 

18 (9) Current and future operational expendi19 tures, including funding for combat operations; de20 ploying, transporting, feeding, and housing troops 

21 (including fuel costs); deployment of National Guard 

22 and Reserve troops; the equipping and training of 

23 Iraqi and Afghani forces; purchasing, upgrading, 

24 and repairing weapons, munitions and other equipVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00667 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
668 

HR 5136 PCS1S 

1 ment; and payments to other countries for logistical 

2 assistance. 

3 (10) Past, current, and future cost of govern4 ment contractors and private military security firms. 

5 (11) Average annual cost for each troop and 

6 combat brigade deployed in support of Operation 

7 Iraqi Freedom and Operation Enduring Freedom, 

8 including room and board, equipment and body 

9 armor, transportation of troops and equipment (in10 cluding fuel costs), and operational costs. 

11 (12) Current and future cost of combat-related 

12 special pays and benefits, including reenlistment bo13 nuses. 

14 (13) Current and future cost of activating Na15 tional Guard and Reserve forces and paying them on 

16 a full-time basis. 

17 (14) Current and future cost for reconstruction, 

18 embassy operations and construction, and foreign 

19 aid programs for Iraq and Afghanistan. 

20 (15) Current and future cost of bases and other 

21 infrastructure to support United States troops in 

22 Iraq and Afghanistan. 

23 (16) Current and future cost of providing 

24 healthcare for returning veterans. This estimate 

25 shall include the cost of mental health treatment for 


smartinez on DSKB9S0YB1PROD with BILLS
669 

HR 5136 PCS1S 

1 veterans suffering from Post-Traumatic Stress Dis2 order and Traumatic Brain Injury, and other mental 

3 problems as a result of their service in Operation 

4 Iraqi Freedom and Operation Enduring Freedom. 

5 This estimate shall also include the cost of lifetime 

6 prosthetics care and treatment for veterans suffering 

7 from amputations as a result of their service in Op8 eration Iraqi Freedom and Operation Enduring 

9 Freedom. 

10 (17) Current and future cost of providing De11 partment of Veterans Affairs disability benefits for 

12 lifetime of veterans. 

13 (18) Current and future cost of providing sur14 vivors’ benefits to survivors of service members. 

15 (19) Cost of bringing troops and equipment 

16 home at the end of the wars, including cost of de17 mobilizing troops, transporting troops home (includ18 ing fuel costs), providing transition services from ac19 tive duty to veteran status, transporting equipment, 

20 weapons, and munitions (including fuel costs), and 

21 an estimate of the value of equipment which will be 

22 left behind. 

23 (20) Cost to restore the military and military 

24 equipment, including the National Guard and NaVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
670 

HR 5136 PCS1S 

1 tional Guard equipment, to full strength after the 

2 wars. 

3 (21) Cost of the administration’s plan to per4 manently increase the Army and Marine Corps by 

5 92,000. 

6 (22) Amount of money borrowed to pay for the 

7 wars in Iraq and Afghanistan, and the sources of 

8 that money. 

9 (23) Interest on borrowed money, including in10 terest for money already borrowed and anticipated 

11 interest payments on future borrowing for the war 

12 in Iraq and the war in Afghanistan to the extent all 

13 spending associated with the war in Iraq and the 

14 war in Afghanistan have been and will be financed 

15 with borrowed money. 

16 Subtitle C—Other Matters 

17 SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION 

18 CENTER. 

19 Section 1244(a) of the National Defense Authoriza20 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

21 Stat. 2541) is amended— 

22 (1) by striking ‘‘fiscal year 2010’’ and inserting 

23 ‘‘fiscal year 2011’’; and 

24 (2) by striking ‘‘$30,000,000’’ and inserting 

25 ‘‘$50,000,000’’. 


smartinez on DSKB9S0YB1PROD with BILLS
671 

HR 5136 PCS1S 

1 SEC. 1232. NATIONAL MILITARY STRATEGIC PLAN TO 

2 COUNTER IRAN. 

3 (a) NATIONAL MILITARY STRATEGIC PLAN RE4 QUIRED.—The Secretary of Defense shall develop a stra5 tegic plan, to be known as the ‘‘National Military Strategic 

6 Plan to Counter Iran’’. The strategic plan shall— 

7 (1) outline the Department of Defense’s stra8 tegic planning and provide strategic guidance for 

9 military activities and operations that support the 

10 United States policy objective of countering threats 

11 posed by Iran; 

12 (2) identify the direct and indirect military con13 tribution to this policy objective, and constitute the 

14 comprehensive military plan to counter threats posed 

15 by Iran; 

16 (3) undertake a review of the intelligence in the 

17 possession of the Department of Defense to develop 

18 a list of gaps in intelligence that limit the ability of 

19 the Department of Defense to counter threats ema20 nating from Iran that the Secretary considers to be 

21 critical; 

22 (4) shall develop a plan to address those gaps 

23 identified in the review under paragraph (3); and 

24 (5) undertake a review of the plans of the De25 partment of Defense to counter threats to the 


smartinez on DSKB9S0YB1PROD with BILLS
672 

HR 5136 PCS1S 

1 United States, its forces, allies, and interests from 

2 Iran, including— 

3 (A) plans for both conflict and peace; 

4 (B) contributions of the Department of 

5 Defense to the efforts of other agencies of the 

6 United States Government to counter or ad7 dress the threat emanating from Iran; and 

8 (C) any gaps in the plans, capabilities and 

9 authorities of the Department. 

10 (b) PLAN.—In addition to the plan required under 

11 subsection (a), the Secretary of Defense shall develop a 

12 plan to address those gaps identified in the review re13 quired in subsection (a)(5). The plan shall guide the plan14 ning and actions of the relevant combatant commands, the 

15 military departments, and combat support agencies that 

16 the Secretary of Defense determines have a role in coun17 tering threats posed by Iran. 

18 (c) REPORT TO CONGRESS.— 

19 (1) IN GENERAL.—Not later than the date on 

20 which the President submits to Congress the budget 

21 for a fiscal year under section 1105 of title 31, 

22 United States Code, the Secretary of Defense shall 

23 submit to the congressional defense committees a re24 port identifying and justifying any resources, capa25 bilities, legislative authorities, or changes to current 


smartinez on DSKB9S0YB1PROD with BILLS
673 

HR 5136 PCS1S 

1 law the Secretary believes are necessary to carry out 

2 the plan required under subsection (b) to address 

3 the gaps identified in the strategic plan required in 

4 subsection (a). 

5 (2) FORM.—The report required in paragraph 

6 (1) shall be in unclassified form, but may include a 

7 classified annex. 

8 SEC. 1233. REPORT ON DEPARTMENT OF DEFENSE’S PLANS 

9 TO REFORM THE EXPORT CONTROL SYSTEM. 

10 (a) REPORT REQUIRED.—Not later than 60 days 

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

12 of Defense shall submit to the appropriate congressional 

13 committees a report on the Department of Defense’s plans 

14 to reform the Department’s export control system. 

15 (b) MATTERS TO BE INCLUDED.—The report re16 quired under subsection (a) shall include— 

17 (1) a description of the plans of the Depart18 ment of Defense to implement Presidential Study 

19 Directive 8; and 

20 (2) an assessment of the extent to which the 

21 plans to reform the export control system will— 

22 (A) impact the Defense Technology Secu23 rity Administration of the Department of De24 fense; 


smartinez on DSKB9S0YB1PROD with BILLS
674 

HR 5136 PCS1S 

1 (B) affect the role of the Department of 

2 Defense with respect to export control policy; 

3 and 

4 (C) ensure greater protection and moni5 toring of key defense items and technologies. 

6 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—In this section, the term ‘‘appropriate congres8 sional committees’’ means— 

9 (1) the Committee on Armed Services and the 

10 Committee on Foreign Affairs of the House of Rep11 resentatives; and 

12 (2) the Committee on Armed Services and the 

13 Committee on Foreign Relations of the Senate. 

14 SEC. 1234. REPORT ON UNITED STATES EFFORTS TO DE15 FEND AGAINST THREATS POSED BY THE AD16 VANCED ANTI-ACCESS CAPABILITIES OF PO17 TENTIALLY HOSTILE FOREIGN COUNTRIES. 

18 (a) CONGRESSIONAL FINDING.—Congress finds that 

19 the report of the 2010 Department of Defense Quadren20 nial Defense Review finds that ‘‘Anti-access strategies 

21 seek to deny outside countries the ability to project power 

22 into a region, thereby allowing aggression or other desta23 bilizing actions to be conducted by the anti-access power. 

24 Without dominant capabilities to project power, the integ25 rity of U.S. alliances and security partnerships could be 


smartinez on DSKB9S0YB1PROD with BILLS
675 

HR 5136 PCS1S 

1 called into question, reducing U.S. security and influence 

2 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 threats posed by the ad8 vanced anti-access capabilities of potentially hostile for9 eign 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 threats posed by the advanced anti-access capabilities 

15 of potentially hostile foreign countries. 

16 (d) MATTERS TO BE INCLUDED.—The report re17 quired under subsection (c) shall include the following: 

18 (1) An assessment of any threats posed by the 

19 advanced anti-access capabilities of potentially hos20 tile foreign countries, including an identification of 

21 the foreign countries with such capabilities, the na22 ture of such capabilities, and the possible advances 

23 in such capabilities over the next 10 years. 

24 (2) A description of any efforts by the Depart25 ment of Defense since the release of the 2010 QuadVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
676 

HR 5136 PCS1S 

1 rennial Defense Review to address the finding in 

2 subsection (a). 

3 (3) A description of the authorities, capabilities, 

4 and force structure that the United States may re5 quire over the next 10 years to address the finding 

6 in subsection (a). 

7 (e) FORM.—The report required under subsection (c) 

8 shall be submitted in unclassified form, but may contain 

9 a classified annex if necessary. 

10 (f) MODIFICATION OF OTHER REPORTS.— 

11 (1) CONCERNING THE PEOPLE’S REPUBLIC OF

12 CHINA.—Section 1202(b) of the National Defense 

13 Authorization Act for Fiscal Year 2000 (Public Law 

14 106–65; 113 Stat. 781; 10 U.S.C. 113 note), as 

15 most recently amended by section 1246 of the Na16 tional Defense Authorization Act for Fiscal Year 

17 2010 (Public Law 111–84; 123 Stat. 2544), is fur18 ther amended— 

19 (A) by redesignating paragraphs (10) 

20 through (12) as paragraphs (11) through (13), 

21 respectively; and 

22 (B) by inserting after paragraph (9) the 

23 following: 

24 ‘‘(10) Developments in China’s anti-access and 

25 area denial capabilities.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
677 

HR 5136 PCS1S 

1 (2) CONCERNING IRAN.—Section 1245(b) of the 

2 National Defense Authorization Act for Fiscal Year 

3 2010 (Public Law 111–84; 123 Stat. 2542) is 

4 amended by adding at the end the following: 

5 ‘‘(5) A description and assessment of Iran’s 

6 anti-access and area denial strategy and capabili7 ties.’’. 

8 SEC. 1235. REPORT ON FORCE STRUCTURE CHANGES IN 

9 COMPOSITION AND CAPABILITIES AT MILI10 TARY INSTALLATIONS IN EUROPE. 

11 (a) REPORT REQUIRED.—Not later than one year 

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

13 of Defense, in coordination with the Secretary of State, 

14 shall submit to the appropriate congressional committees 

15 a report evaluating potential changes in the composition 

16 and capabilities of units of the United States Armed 

17 Forces at military installations in European member na18 tions of the North Atlantic Treaty Organization— 

19 (1) to satisfy the commitments undertaken by 

20 United States pursuant to Article 5 of the North At21 lantic Treaty, signed at Washington, District of Co22 lumbia, on April 4, 1949, and entered into force on 

23 August 24, 1949 (63 Stat. 2241; TIAS 1964); 


smartinez on DSKB9S0YB1PROD with BILLS
678 

HR 5136 PCS1S 

1 (2) to address the current security environment 

2 in Europe, including United States participation in 

3 theater cooperation activities; and 

4 (3) to contribute to peace and stability in Eu5 rope. 

6 (b) MATTERS TO BE CONSIDERED.—As part of the 

7 report, the Secretary of Defense shall consider— 

8 (1) the stationing of advisory and assist bri9 gades at military installations in Europe; 

10 (2) the expanded use of Joint Task Forces to 

11 train and build mutual capabilities with partner 

12 countries; and 

13 (3) the stationing of units of the United States 

14 Armed Forces to support missile defense and cyber15 security missions. 

16 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE17 FINED.—In this section, the term ‘‘appropriate congres18 sional committees’’ means— 

19 (1) the Committee on Armed Services and the 

20 Committee on Foreign Affairs of the House of Rep21 resentatives; and 

22 (2) the Committee on Armed Services and the 

23 Committee on Foreign Relations of the Senate. 


smartinez on DSKB9S0YB1PROD with BILLS
679 

HR 5136 PCS1S 

1 SEC. 1236. SENSE OF CONGRESS ON MISSILE DEFENSE AND 

2 NEW START TREATY WITH RUSSIAN FEDERA3 TION. 

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

5 (1) The United States and the Russian Federa6 tion signed the Treaty between the United States of 

7 America and the Russian Federation on Measures 

8 for the Further Reduction and Limitation of Stra9 tegic Offensive Arms (commonly known as the ‘‘New 

10 START Treaty’’) on April 8, 2010. 

11 (2) The preamble of the New START Treaty 

12 states, ‘‘Recognizing the existence of the inter13 relationship between strategic offensive arms and 

14 strategic defensive arms, that this interrelationship 

15 will become more important as strategic nuclear 

16 arms are reduced, and that current strategic defen17 sive arms do not undermine the viability and effec18 tiveness of the strategic offensive arms of the Par19 ties.’’. 

20 (3) Officials of the United States have stated 

21 that the New START Treaty does not constrain the 

22 missile defenses of the United States and according 

23 to the New START Treaty U.S. Congressional 

24 Briefing Book of April, 2010, released by the De25 partment of State and the Department of Defense, 

26 ‘‘The United States will continue to invest in imVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
680 

HR 5136 PCS1S 

1 provements to both strategic and theater missile de2 fenses, both qualitatively and quantitatively, as need3 ed for our security and the security of our allies.’’. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) as stated by officials of the United States, 

7 there would be no limitations on any phase of the 

8 phased, adaptive approach to missile defense in Eu9 rope resulting from ratification of the New START 

10 treaty between the United States and Russia, signed 

11 on 8 April 2010; 

12 (2) the United States should deploy the phased, 

13 adaptive approach for missile defense in Europe to 

14 protect the United States, its deployed forces, and 

15 NATO allies, after appropriate testing and con16 sistent with NATO policy; and 

17 (3) the ground-based midcourse defense system 

18 in Alaska and California should be maintained, 

19 evolved, and appropriately tested because it is the 

20 only missile defense capability as of the date of the 

21 enactment of this Act that would protect the United 

22 States from the growing threat of a long-range bal23 listic missile attack. 


smartinez on DSKB9S0YB1PROD with BILLS
681 

HR 5136 PCS1S 

1 SEC. 1237. REPORT ON THE STRATEGIC IMPLICATIONS OF 

2 THE SUCCESSFUL NEGOTIATION OF AN INCI3 DENTS AT SEA AGREEMENT BETWEEN THE 

4 UNITED STATES AND THE GOVERNMENT OF 

5 IRAN. 

6 (a) REPORT REQUIRED.—Not later than one year 

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

8 of Defense, in coordination with the Secretary of State, 

9 shall submit to the appropriate congressional committees 

10 a report evaluating naval security in the Persian Gulf and 

11 the Strait of Hormuz. 

12 (b) MATTERS TO BE INCLUDED.—The report re13 quired under subsection (a) shall include an assessment 

14 of the strategic benefits of the successful negotiation of 

15 a multilateral or bilateral Incidents at Sea military-to-mili16 tary agreement including the United States and the Gov17 ernment of Iran aimed at defusing tension and preventing 

18 accidental naval conflict in the Persian Gulf and the Strait 

19 of Hormuz. Such an assessment should consider and 

20 evaluate the effect that such an agreement might have on 

21 commercial, military, and other naval traffic in the region, 

22 as well as other United States regional strategic interests. 

23 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE24 FINED.—In this section, the term ‘‘appropriate congres25 sional committees’’ means— 


smartinez on DSKB9S0YB1PROD with BILLS
682 

HR 5136 PCS1S 

1 (1) the Committee on Armed Services and the 

2 Committee on Foreign Affairs of the House of Rep3 resentatives; and 

4 (2) the Committee on Armed Services and the 

5 Committee on Foreign Relations of the Senate. 

6 SEC. 1238. REQUIREMENT TO MONITOR AND EVALUATE DE7 PARTMENT OF DEFENSE ACTIVITIES TO 

8 COUNTER VIOLENT EXTREMISM IN AFRICA. 

9 (a) IN GENERAL.—The Secretary of Defense, in con10 sultation with the Secretary of State, shall monitor and 

11 evaluate the impact of United States Africa Command 

12 (USAFRICOM) Combined Joint Task Force–Horn of Af13 rica’s (CJTF–HOA) activities to counter violent extre14 mism in Africa, including civil affairs, psychological oper15 ations, humanitarian assistance, and operations to 

16 strengthen the capacity of partner nations. 

17 (b) REPORT.—Not later than 90 days after the date 

18 of the enactment of this Act, the Secretary of Defense 

19 shall submit to the appropriate congressional committees 

20 a report on the following: 

21 (1) An evaluation of the impact of CJTF– 

22 HOA’s activities described in subsection (a) to ad23 vance United States security objectives in the Horn 

24 of Africa, including the extent to which CJTF– 

25 HOA’s activities— 


smartinez on DSKB9S0YB1PROD with BILLS
683 

HR 5136 PCS1S 

1 (A) disrupt or deny terrorist networks; 

2 (B) combat violent extremist ideology; 

3 (C) are aligned with USAFRICOM’s mis4 sion; and 

5 (D) complement programs conducted by 

6 the United States Agency for International De7 velopment. 

8 (2) USAFRICOM’s efforts to monitor and 

9 evaluate the impact of CJTF–HOA’s activities de10 scribed in subsection (a), including— 

11 (A) the means by which CJTF–HOA fol12 lows up on such activities to evaluate the effec13 tiveness of such activities; 

14 (B) USAFRICOM’s specific assessments 

15 of CJTF–HOA’s activities; and 

16 (C) a description of plans by the Secretary 

17 of Defense to make permanent CJTF–HOA’s 

18 presence in Djibouti. 

19 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE20 FINED.—In this section, the term ‘‘appropriate congres21 sional committees’’ means— 

22 (1) the Committee on Armed Services and the 

23 Committee on Foreign Affairs of the House of Rep24 resentatives; and 


smartinez on DSKB9S0YB1PROD with BILLS
684 

HR 5136 PCS1S 

1 (2) the Committee on Armed Services and the 

2 Committee on Foreign Relations of the Senate. 

3 SEC. 1239. REPORT ON CERTAIN IRAQIS AFFILIATED WITH 

4 THE UNITED STATES. 

5 (a) IN GENERAL.—Not later than 120 days after the 

6 date of the enactment of this Act, the Secretary of De7 fense, in consultation with the Secretary of State, the At8 torney General, the Secretary of Homeland Security, the 

9 Administrator of the United States Agency for Inter10 national Development, and the heads of other appropriate 

11 Federal agencies (as determined by the Secretary of De12 fense), shall submit to the Congress a report containing 

13 the information described in subsection (b). In preparing 

14 such report, the Secretary of Defense shall use available 

15 information from organizations and entities closely associ16 ated with the United States mission in Iraq that have re17 ceived United States Government funding through an offi18 cial and documented contract, award, grant, or coopera19 tive agreement. 

20 (b) INFORMATION.—The information described in 

21 this subsection is the following: 

22 (1) The number of Iraqis who were or are em23 ployed by the United States Government in Iraq or 

24 who are or were employed in Iraq by an organization 

25 or entity closely associated with the United States 


smartinez on DSKB9S0YB1PROD with BILLS
685 

HR 5136 PCS1S 

1 mission in Iraq that has received United States Gov2 ernment funding through an official and documented 

3 contract, award, grant, or cooperative agreement. 

4 (2) The number of Iraqis who have applied— 

5 (A) for resettlement in the United States 

6 as a refugee under section 1243 of the Refugee 

7 Crisis in Iraq Act of 2007 (subtitle C of title 

8 XII of division A of Public Law 110–181; 122 

9 Stat. 395 et seq.); or 

10 (B) to enter the United States as a special 

11 immigrant under section 1244 of such Act. 

12 (3) The status of each application described in 

13 paragraph (2). 

14 (4) The estimated number of individuals de15 scribed in paragraph (1) who have been injured or 

16 killed in Iraq. 

17 (c) EXPEDITED PROCESSING.—The Secretary of De18 fense, the Secretary of State, and the Secretary of Home19 land Security shall develop a plan using the report sub20 mitted under subsection (a) to expedite the processing of 

21 the applications described in subsection (b)(2) in the case 

22 of Iraqis at risk as the United States withdraws from Iraq. 


smartinez on DSKB9S0YB1PROD with BILLS
686 

HR 5136 PCS1S 

1 TITLE XIII—COOPERATIVE 

2 THREAT REDUCTION 

3 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE4 DUCTION PROGRAMS AND FUNDS. 

5 (a) SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS.—For purposes of section 301 and 

7 other provisions of this Act, Cooperative Threat Reduction 

8 programs are the programs specified in section 1501 of 

9 the National Defense Authorization Act for Fiscal Year 

10 1997 (50 U.S.C. 2362 note). 

11 (b) FISCAL YEAR 2011 COOPERATIVE THREAT RE12 DUCTION FUNDS DEFINED.—As used in this title, the 

13 term ‘‘fiscal year 2011 Cooperative Threat Reduction 

14 funds’’ means the funds appropriated pursuant to the au15 thorization of appropriations in section 301 for Coopera16 tive Threat Reduction programs. 

17 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

18 pursuant to the authorization of appropriations in section 

19 301 for Cooperative Threat Reduction programs shall be 

20 available for obligation for fiscal years 2011, 2012, and 

21 2013. 

22 SEC. 1302. FUNDING ALLOCATIONS. 

23 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

24 $522,512,000 authorized to be appropriated to the De25 partment of Defense for fiscal year 2011 in section 


smartinez on DSKB9S0YB1PROD with BILLS
687 

HR 5136 PCS1S 

1 301(20) for Cooperative Threat Reduction programs, the 

2 following amounts may be obligated for the purposes spec3 ified: 

4 (1) For strategic offensive arms elimination in 

5 Russia, $66,732,000. 

6 (2) For strategic nuclear arms elimination in 

7 Ukraine, $6,800,000. 

8 (3) For nuclear weapons storage security in 

9 Russia, $9,614,000. 

10 (4) For nuclear weapons transportation security 

11 in Russia, $45,000,000. 

12 (5) For weapons of mass destruction prolifera13 tion prevention in the states of the former Soviet 

14 Union, $79,821,000. 

15 (6) For biological threat reduction in the 

16 former Soviet Union, $209,034,000. 

17 (7) For chemical weapons destruction, 

18 $3,000,000. 

19 (8) For defense and military contacts, 

20 $5,000,000. 

21 (9) For Global Nuclear Lockdown, 

22 $74,471,000. 

23 (10) For activities designated as Other Assess24 ments/Administrative Costs, $23,040,000. 


smartinez on DSKB9S0YB1PROD with BILLS
688 

HR 5136 PCS1S 

1 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

2 FUNDS FOR OTHER PURPOSES.—No fiscal year 2011 Co3 operative Threat Reduction funds may be obligated or ex4 pended for a purpose other than a purpose listed in para5 graphs (1) through (10) of subsection (a) until 15 days 

6 after the date that the Secretary of Defense submits to 

7 Congress a report on the purpose for which the funds will 

8 be obligated or expended and the amount of funds to be 

9 obligated or expended. Nothing in the preceding sentence 

10 shall be construed as authorizing the obligation or expend11 iture of fiscal year 2011 Cooperative Threat Reduction 

12 funds for a purpose for which the obligation or expendi13 ture of such funds is specifically prohibited under this title 

14 or any other provision of law. 

15 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

16 AMOUNTS.— 

17 (1) IN GENERAL.—Subject to paragraph (2), in 

18 any case in which the Secretary of Defense deter19 mines that it is necessary to do so in the national 

20 interest, the Secretary may obligate amounts appro21 priated for fiscal year 2011 for a purpose listed in 

22 paragraphs (1) through (10) of subsection (a) in ex23 cess of the specific amount authorized for that pur24 pose. 


smartinez on DSKB9S0YB1PROD with BILLS
689 

HR 5136 PCS1S 

1 (2) NOTICE-AND-WAIT REQUIRED.—An obliga2 tion of funds for a purpose stated in paragraphs (1) 

3 through (10) of subsection (a) in excess of the spe4 cific amount authorized for such purpose may be 

5 made using the authority provided in paragraph (1) 

6 only after— 

7 (A) the Secretary submits to Congress no8 tification of the intent to do so together with a 

9 complete discussion of the justification for 

10 doing so; and 

11 (B) 15 days have elapsed following the 

12 date of the notification. 

13 TITLE XIV—OTHER 

14 AUTHORIZATIONS 

15 Subtitle A—Military Programs 

16 SEC. 1401. WORKING CAPITAL FUNDS. 

17 Funds are hereby authorized to be appropriated for 

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

19 activities and agencies of the Department of Defense for 

20 providing capital for working capital and revolving funds 

21 in amounts as follows: 

22 (1) For the Defense Working Capital Funds, 

23 $160,965,000. 

24 (2) For the Defense Working Capital Fund, 

25 Defense Commissary, $1,273,571,000. 


smartinez on DSKB9S0YB1PROD with BILLS
690 

HR 5136 PCS1S 

1 SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BAL2 ANCES. 

3 (a) STUDY REQUIRED.—Not later than 30 days after 

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

5 Defense shall seek to enter into a contract with a federally 

6 funded research and development center with appropriate 

7 expertise in revolving fund financial management to carry 

8 out a study to determine a sufficient operational level of 

9 cash that each revolving fund of the Department of De10 fense should maintain in order to sustain a single rate or 

11 price throughout the fiscal year. 

12 (b) CONTENTS OF STUDY.—In carrying out a study 

13 pursuant to a contract entered into under subsection (a), 

14 the federally funded research and development center 

15 shall— 

16 (1) qualitatively analyze the operational require17 ments and inherent risks associated with maintain18 ing a specific level of cash within each revolving fund 

19 of the Department; 

20 (2) for each such revolving fund, take into con21 sideration any effects on appropriation accounts that 

22 have occurred due to changes made in the rates 

23 charged by the fund during a fiscal year; 

24 (3) take into consideration direct input from 

25 the Secretary of Defense and officials of each of the 


smartinez on DSKB9S0YB1PROD with BILLS
691 

HR 5136 PCS1S 

1 military departments with leadership responsibility 

2 for financial management; 

3 (4) examine the guidance provided and regula4 tions prescribed by the Secretary of Defense and the 

5 Secretary of each of the military departments, as in 

6 effect on the date of the enactment of this Act, in7 cluding such guidance with respect to programming 

8 and budgeting and the annual budget displays pro9 vided to Congress; 

10 (5) examine the effects on appropriations ac11 counts that have occurred due to congressional ad12 justments relating to excess cash balances in revolv13 ing funds; 

14 (6) identify best business practices from the 

15 private sector relating to sufficient cash balance re16 serves; 

17 (7) examine any relevant applicable laws, in18 cluding the relevant body of work performed by the 

19 Government Accountability Office; and 

20 (8) address— 

21 (A) instances where the fiscal policy of the 

22 Department of Defense directly follows the law, 

23 as in effect on the date of the enactment of this 

24 Act, and instances where such policy is more reVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00691 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
692 

HR 5136 PCS1S 

1 strictive with respect to the fiscal management 

2 of revolving funds than such law requires; 

3 (B) instances where current Department 

4 fiscal policy restricts the capability of a revolv5 ing fund to achieve the most economical and ef6 ficient organization and operation of activities; 

7 (C) fiscal policy adjustments required to 

8 comply with recommendations provided in the 

9 study, including proposed adjustments to— 

10 (i) the Department of Defense Finan11 cial Management Regulation; 

12 (ii) published service regulations and 

13 instructions; and 

14 (iii) major command fiscal guidance; 

15 and 

16 (D) such other matters as determined rel17 evant by the center carrying out the study. 

18 (c) AVAILABILITY OF INFORMATION.—The Secretary 

19 of Defense and the Secretary of each of the military de20 partments shall make available to a federally funded re21 search and development center carrying out a study pursu22 ant to a contract entered into under subsection (a) all nec23 essary and relevant information to allow the center to con24 duct the study in a quantitative and analytical manner. 


smartinez on DSKB9S0YB1PROD with BILLS
693 

HR 5136 PCS1S 

1 (d) REPORT.—Any contract entered into under sub2 section (a) shall provide that not later than 9 months after 

3 the date on which the Secretary of Defense enters into 

4 the contract, the chief executive officer of the entity that 

5 carries out the study pursuant to the contract shall submit 

6 to the Committees on Armed Services of the Senate and 

7 House of Representatives and the Secretary of Defense 

8 a final report on the study. The report shall include each 

9 of the following: 

10 (1) A description of the revolving fund environ11 ment, as of the date of the conclusion of the study, 

12 and the anticipated future environment, together 

13 with the quantitative data used in conducting the as14 sessment of such environments under the study. 

15 (2) Recommended fiscal policy adjustments to 

16 support the initiatives identified in the study, includ17 ing adjustments to— 

18 (A) the Department of Defense Financial 

19 Management Regulation; 

20 (B) published service regulations and in21 structions; and 

22 (C) major command fiscal guidance. 

23 (3) Recommendations with respect to any 

24 changes to any applicable law that would be approVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00693 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
694 

HR 5136 PCS1S 

1 priate to support the initiatives identified in the 

2 study. 

3 (e) SUBMITTAL OF COMMENTS.—Not later than 90 

4 days after the date of the submittal of the report under 

5 subsection (d), the Secretary of Defense and the Secre6 taries of each of the military departments shall submit to 

7 the Committees on Armed Services of the Senate and 

8 House of Representatives comments on the findings and 

9 recommendations contained in the report. 

10 SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL 

11 FUND REQUIREMENTS. 

12 Section 2208 of title 10, United States Code, is 

13 amended— 

14 (1) in subsection (c)(1), by striking ‘‘or used’’ 

15 and inserting ‘‘used, or developed through contin16 uous technology refreshment’’; and 

17 (2) in subsection (k)(2), by striking ‘‘$100,000’’ 

18 and inserting ‘‘$250,000’’. 

19 SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITH20 IN THE PENTAGON RESERVATION MAINTE21 NANCE REVOLVING FUND. 

22 Not later than 60 days after the date of the enact23 ment of this Act, the Secretary of Defense shall transfer 

24 $77,000,000 from the unobligated balances of the Pen25 tagon Reservation Maintenance Revolving Fund estabVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
695 

HR 5136 PCS1S 

1 lished under section 2674(e) of title 10, United States 

2 Code, to the Miscellaneous Receipts Fund of the United 

3 States Treasury. 

4 SEC. 1405. NATIONAL DEFENSE SEALIFT FUND. 

5 Funds are hereby authorized to be appropriated for 

6 the fiscal year 2011 for the National Defense Sealift Fund 

7 in the amount of $934,866,000. 

8 SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUC9 TION, DEFENSE. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

11 are hereby authorized to be appropriated for the Depart12 ment of Defense for fiscal year 2011 for expenses, not oth13 erwise provided for, for Chemical Agents and Munitions 

14 Destruction, Defense, in the amount of $1,467,307,000, 

15 of which— 

16 (1) $1,067,364,000 is for Operation and Main17 tenance; 

18 (2) $392,811,000 is for Research, Development, 

19 Test, and Evaluation; and 

20 (3) $7,132,000 is for Procurement. 

21 (b) USE.—Amounts authorized to be appropriated 

22 under subsection (a) are authorized for— 

23 (1) the destruction of lethal chemical agents 

24 and munitions in accordance with section 1412 of 


smartinez on DSKB9S0YB1PROD with BILLS
696 

HR 5136 PCS1S 

1 the Department of Defense Authorization Act, 1986 

2 (50 U.S.C. 1521); and 

3 (2) the destruction of chemical warfare materiel 

4 of the United States that is not covered by section 

5 1412 of such Act. 

6 SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG AC7 TIVITIES, DEFENSE-WIDE. 

8 Funds are hereby authorized to be appropriated for 

9 the Department of Defense for fiscal year 2011 for ex10 penses, not otherwise provided for, for Drug Interdiction 

11 and Counter-Drug Activities, Defense-wide, in the amount 

12 of $1,131,351,000. 

13 SEC. 1408. DEFENSE INSPECTOR GENERAL. 

14 Funds are hereby authorized to be appropriated for 

15 the Department of Defense for fiscal year 2011 for ex16 penses, not otherwise provided for, for the Office of the 

17 Inspector General of the Department of Defense, in the 

18 amount of $283,354,000, of which— 

19 (1) $282,354,000 is for Operation and Mainte20 nance; and 

21 (2) $1,000,000 is for Procurement. 

22 SEC. 1409. DEFENSE HEALTH PROGRAM. 

23 Funds are hereby authorized to be appropriated for 

24 the Department of Defense for fiscal year 2011 for exVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
697 

HR 5136 PCS1S 

1 penses, not otherwise provided for, for the Defense Health 

2 Program, in the amount of $30,991,952,000, of which— 

3 (1) $29,947,792,000 is for Operation and 

4 Maintenance; 

5 (2) $524,239,000 is for Research, Development, 

6 Test, and Evaluation; and 

7 (3) $519,921,000 is for Procurement. 

8 Subtitle B—National Defense 

9 Stockpile 

10 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

11 STOCKPILE FUNDS. 

12 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis13 cal year 2011, the National Defense Stockpile Manager 

14 may obligate up to $41,181,000 of the funds in the Na15 tional Defense Stockpile Transaction Fund established 

16 under subsection (a) of section 9 of the Strategic and Crit17 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

18 authorized uses of such funds under subsection (b)(2) of 

19 such section, including the disposal of hazardous materials 

20 that are environmentally sensitive. 

21 (b) ADDITIONAL OBLIGATIONS.—The National De22 fense Stockpile Manager may obligate amounts in excess 

23 of the amount specified in subsection (a) if the National 

24 Defense Stockpile Manager notifies Congress that extraor25 dinary or emergency conditions necessitate the additional 


smartinez on DSKB9S0YB1PROD with BILLS
698 

HR 5136 PCS1S 

1 obligations. The National Defense Stockpile Manager may 

2 make the additional obligations described in the notifica3 tion after the end of the 45-day period beginning on the 

4 date on which Congress receives the notification. 

5 (c) LIMITATIONS.—The authorities provided by this 

6 section shall be subject to such limitations as may be pro7 vided in appropriations Acts. 

8 SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES 

9 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

10 FROM THE NATIONAL DEFENSE STOCKPILE. 

11 Section 3402(b)(5) of the National Defense Author12 ization Act for Fiscal Year 2000 (50 U.S.C. 98d note), 

13 as most recently amended by section 1412(a) of the Na14 tional Defense Authorization Act for Fiscal Year 2008 

15 (Public Law 110–181; 122 Stat. 418), is amended by 

16 striking ‘‘$710,000,000’’ and inserting ‘‘$730,000,000’’. 

17 Subtitle C—Other Matters 

18 SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR 

19 ARMED FORCES RETIREMENT HOME. 

20 There is authorized to be appropriated for fiscal year 

21 2011 from the Armed Forces Retirement Home Trust 

22 Fund the sum of $71,200,000 for the operation of the 

23 Armed Forces Retirement Home. 


smartinez on DSKB9S0YB1PROD with BILLS
699 

HR 5136 PCS1S 

1 SEC. 1422. PLAN FOR FUNDING FUEL INFRASTRUCTURE 

2 SUSTAINMENT, RESTORATION, AND MOD3 ERNIZATION REQUIREMENTS. 

4 Not later than the date on which the President sub5 mits to Congress the budget for fiscal year 2012 pursuant 

6 to section 1105 of title 31, United States Code, the Direc7 tor of the Defense Logistics Agency shall submit to the 

8 congressional defense committees a report on the fuel in9 frastructure of the Department of Defense. Such report 

10 shall include projections for fuel infrastructure 

11 sustainment, restoration, and modernization require12 ments, and a plan for funding such requirements. 

13 TITLE XV—AUTHORIZATION OF 

14 ADDITIONAL APPROPRIA15 TIONS FOR OVERSEAS CON16 TINGENCY OPERATIONS 

17 SEC. 1501. PURPOSE. 

18 The purpose of this title is to authorize appropria19 tions for the Department of Defense for fiscal year 2011 

20 to provide additional funds for overseas contingency oper21 ations being carried out by the Armed Forces. 

22 SEC. 1502. ARMY PROCUREMENT. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2011 for procurement accounts of the Army 

25 in amounts as follows: 

26 (1) For aircraft procurement, $1,373,803,000. 


smartinez on DSKB9S0YB1PROD with BILLS
700 

HR 5136 PCS1S 

1 (2) For missile procurement, $343,828,000. 

2 (3) For weapons and tracked combat vehicles 

3 procurement, $687,500,000. 

4 (4) For ammunition procurement, 

5 $652,491,000. 

6 (5) For other procurement, $5,865,446,000. 

7 SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

8 FUND. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

10 are hereby authorized to be appropriated for fiscal year 

11 2011 for the Joint Improvised Explosive Device Defeat 

12 Fund in the amount of $3,464,368,000. 

13 (b) USE AND TRANSFER OF FUNDS.—Subsections 

14 (b) and (c) of section 1514 of the John Warner National 

15 Defense Authorization Act for Fiscal Year 2007 (Public 

16 Law 109–364; 120 Stat. 2439), as amended by section 

17 1503 of the Duncan Hunter National Defense Authoriza18 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 

19 Stat. 4649), shall apply to the funds appropriated pursu20 ant to the authorization of appropriations in subsection 

21 (a) and made available to the Department of Defense for 

22 the Joint Improvised Explosive Device Defeat Fund. 

23 (c) MONTHLY OBLIGATIONS AND EXPENDITURE RE24 PORTS.—Not later than 15 days after the end of each 

25 month of fiscal year 2011, the Secretary of Defense shall 


smartinez on DSKB9S0YB1PROD with BILLS
701 

HR 5136 PCS1S 

1 provide to the congressional defense committees a report 

2 on the Joint Improvised Explosive Device Defeat Fund ex3 plaining monthly commitments, obligations, and expendi4 tures by line of action. 

5 SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2011 for procurement accounts of the Navy and 

8 Marine Corps in amounts as follows: 

9 (1) For aircraft procurement, Navy, 

10 $843,358,000. 

11 (2) For weapons procurement, Navy, 

12 $93,425,000. 

13 (3) For ammunition procurement, Navy and 

14 Marine Corps, $565,084,000. 

15 (4) For other procurement, Navy, 

16 $480,735,000. 

17 (5) For procurement, Marine Corps, 

18 $1,854,243,000. 

19 SEC. 1505. AIR FORCE PROCUREMENT. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2011 for procurement accounts of the Air 

22 Force in amounts as follows: 

23 (1) For aircraft procurement, $1,096,520,000. 

24 (2) For ammunition procurement, 

25 $292,959,000. 


smartinez on DSKB9S0YB1PROD with BILLS
702 

HR 5136 PCS1S 

1 (3) For missile procurement, $56,621,000. 

2 (4) For other procurement, $3,087,481,000. 

3 SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2011 for the procurement account for Defense6 wide activities in the amount of $1,376,046,000. 

7 SEC. 1507. IRON DOME SHORT-RANGE ROCKET DEFENSE 

8 PROGRAM. 

9 Of the funds authorized to be appropriated by section 

10 1506 for the procurement account for Defense-wide activi11 ties, the Secretary of Defense may provide up to 

12 $205,000,000 to the government of Israel for the procure13 ment of the Iron Dome defense system to counter short14 range rocket threats. 

15 SEC. 1508. NATIONAL GUARD AND RESERVE EQUIPMENT. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2011 for the procurement of aircraft, missiles, 

18 wheeled and tracked combat vehicles, tactical wheeled ve19 hicles, ammunition, other weapons, and other procurement 

20 for the reserve components of the Armed Forces in the 

21 amount of $700,000,000. 


smartinez on DSKB9S0YB1PROD with BILLS
703 

HR 5136 PCS1S 

1 SEC. 1509. MINE RESISTANT AMBUSH PROTECTED VEHICLE 

2 FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2011 for the Mine Resistant Ambush Protected 

5 Vehicle Fund in the amount of $3,415,000,000. 

6 SEC. 1510. RESEARCH, DEVELOPMENT, TEST, AND EVALUA7 TION. 

8 Funds are hereby authorized to be appropriated for 

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

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

11 (1) For the Army, $112,734,000. 

12 (2) For the Navy, $60,401,000. 

13 (3) For the Air Force, $266,241,000. 

14 (4) For Defense-wide activities, $657,240,000. 

15 SEC. 1511. OPERATION AND MAINTENANCE. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2011 for the use of the Armed Forces for ex18 penses, not otherwise provided for, for operation and 

19 maintenance, in amounts as follows: 

20 (1) For the Army, $62,202,618,000. 

21 (2) For the Navy, $8,946,634,000. 

22 (3) For the Marine Corps, $4,136,522,000. 

23 (4) For the Air Force, $13,487,283,000 

24 (5) For Defense-wide activities, 

25 $9,426,358,000. 

26 (6) For the Army Reserve, $286,950,000. 


smartinez on DSKB9S0YB1PROD with BILLS
704 

HR 5136 PCS1S 

1 (7) For the Navy Reserve, $93,559,000. 

2 (8) For the Marine Corps Reserve, 

3 $29,685,000. 

4 (9) For the Air Force Reserve, $129,607,000. 

5 (10) For the Army National Guard, 

6 $544,349,000. 

7 (11) For the Air National Guard, 

8 $350,823,000. 

9 (12) For the Afghanistan Security Forces 

10 Fund, $10,964,983,000. 

11 (13) For the Iraq Security Forces Fund, 

12 $2,000,000,000. 

13 (14) For the Overseas Contingency Operations 

14 Transfer Fund, $506,781,000. 

15 SEC. 1512. LIMITATIONS ON AVAILABILITY OF FUNDS IN AF16 GHANISTAN SECURITY FORCES FUND. 

17 Funds appropriated pursuant to the authorization of 

18 appropriations for the Afghanistan Security Forces Fund 

19 in section 1511(12) shall be subject to the conditions con20 tained in subsections (b) through (g) of section 1513 of 

21 the National Defense Authorization Act for Fiscal Year 

22 2008 (Public Law 110–181; 122 Stat. 428). 

23 SEC. 1513. LIMITATIONS ON IRAQ SECURITY FORCES FUND. 

24 (a) APPLICATION OF EXISTING LIMITATIONS.—Sub25 ject to subsection (b), funds made available to the DepartVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
705 

HR 5136 PCS1S 

1 ment of Defense for the Iraq Security Forces Fund for 

2 fiscal year 2011 shall be subject to the conditions con3 tained in subsections (b) through (g) of section 1512 of 

4 the National Defense Authorization Act for Fiscal Year 

5 2008 (Public Law 110–181; 122 Stat. 426). 

6 (b) COST-SHARE REQUIREMENT.— 

7 (1) REQUIREMENT.—If funds made available to 

8 the Department of Defense for the Iraq Security 

9 Forces Fund for fiscal year 2011 are used for the 

10 purchase of any item or service for Iraq Security 

11 Forces, the funds may not cover more than 80 per12 cent of the cost of the item or service. 

13 (2) EXCEPTION.—Paragraph (1) does not apply 

14 to any item that the Secretary of Defense deter15 mines— 

16 (A) is an item of significant military equip17 ment (as such term is defined in section 47(9) 

18 of the Arms Export Control Act (22 U.S.C. 

19 2794(9))); or 

20 (B) is included on the United States Muni21 tions List, as designated pursuant to section 

22 38(a)(1) of the Arms Export Control Act (22 

23 U.S.C. 2778(a)(1)). 


smartinez on DSKB9S0YB1PROD with BILLS
706 

HR 5136 PCS1S 

1 SEC. 1514. MILITARY PERSONNEL. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2011 to the Department of Defense for military 

4 personnel accounts in the total amount of 

5 $15,275,502,000. 

6 SEC. 1515. WORKING CAPITAL FUNDS. 

7 Funds are hereby authorized to be appropriated for 

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

9 activities and agencies of the Department of Defense for 

10 providing capital for working capital and revolving funds 

11 in the amount of $485,384,000. 

12 SEC. 1516. DEFENSE HEALTH PROGRAM. 

13 Funds are hereby authorized to be appropriated for 

14 the Department of Defense for fiscal year 2011 for ex15 penses, not otherwise provided for, for the Defense Health 

16 Program in the amount of $1,398,092,000 for operation 

17 and maintenance. 

18 SEC. 1517. DRUG INTERDICTION AND COUNTER-DRUG AC19 TIVITIES, DEFENSE-WIDE. 

20 Funds are hereby authorized to be appropriated for 

21 the Department of Defense for fiscal year 2011 for ex22 penses, not otherwise provided for, for Drug Interdiction 

23 and Counter-Drug Activities, Defense-wide in the amount 

24 of $457,110,000. 


smartinez on DSKB9S0YB1PROD with BILLS
707 

HR 5136 PCS1S 

1 SEC. 1518. DEFENSE INSPECTOR GENERAL. 

2 Funds are hereby authorized to be appropriated for 

3 the Department of Defense for fiscal year 2011 for ex4 penses, not otherwise provided for, for the Office of the 

5 Inspector General of the Department of Defense in the 

6 amount of $10,529,000. 

7 SEC. 1519. CONTINUATION OF PROHIBITION ON USE OF 

8 UNITED STATES FUNDS FOR CERTAIN FACILI9 TIES PROJECTS IN IRAQ. 

10 Section 1508(a) of the Duncan Hunter National De11 fense Authorization Act for Fiscal Year 2009 (Public Law 

12 110–417; 122 Stat. 4651) shall apply to funds authorized 

13 to be appropriated by this title. 

14 SEC. 1520. AVAILABILITY OF FUNDS FOR RAPID FORCE 

15 PROTECTION IN AFGHANISTAN. 

16 (a) AVAILABILITY OF FUNDS.—Of the funds author17 ized to be appropriated by section 1511(5) for operation 

18 and maintenance for Defense-wide activities, the Secretary 

19 of Defense may obligate up to $200,000,000 during fiscal 

20 year 2011 to address urgent force protection requirements 

21 facing United States military forces in Afghanistan, as 

22 identified by the Commander of United States Forces–Af23 ghanistan. 

24 (b) USE OF RAPID ACQUISITION AUTHORITY.—To 

25 carry out this section, the Secretary of Defense shall utiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00707 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
708 

HR 5136 PCS1S 

1 lize the rapid acquisition authority available to the Sec2 retary. 

3 (c) USE OF TRANSFER AUTHORITY.—To carry out 

4 this section, the Secretary of Defense may utilize the 

5 transfer authority provided by section 1522, subject to the 

6 limitation in subsection (a)(2) of such section on the total 

7 amount of authorizations that may be transferred. 

8 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

9 The amounts authorized to be appropriated by this 

10 title are in addition to amounts otherwise authorized to 

11 be appropriated by this Act. 

12 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

13 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

14 (1) AUTHORITY.—Upon determination by the 

15 Secretary of Defense that such action is necessary in 

16 the national interest, the Secretary may transfer 

17 amounts of authorizations made available to the De18 partment of Defense in this title for fiscal year 2011 

19 between any such authorizations for that fiscal year 

20 (or any subdivisions thereof). Amounts of authoriza21 tions so transferred shall be merged with and be 

22 available for the same purposes as the authorization 

23 to which transferred. 

24 (2) LIMITATION.—The total amount of author25 izations that the Secretary may transfer under the 


smartinez on DSKB9S0YB1PROD with BILLS
709 

HR 5136 PCS1S 

1 authority of this section may not exceed 

2 $3,500,000,000. 

3 (b) TERMS AND CONDITIONS.—Transfers under this 

4 section shall be subject to the same terms and conditions 

5 as transfers under section 1001. 

6 (c) ADDITIONAL AUTHORITY.—The transfer author7 ity provided by this section is in addition to the transfer 

8 authority provided under section 1001. 

9 SEC. 1523. REPORT ON MINE RESISTANT AMBUSH PRO10 TECTED VEHICLES. 

11 (a) REPORT.—Not later than 120 days after the date 

12 of the enactment of this Act, the Secretary of Defense 

13 shall submit to the congressional defense committees a re14 port on the procurement of mine resistant ambush pro15 tected vehicles. 

16 (b) MATTERS INCLUDED.—The report under sub17 section (a) shall include the following: 

18 (1) An evaluation of potential cost benefits and 

19 manufacturing efficiencies with respect to mine re20 sistant ambush protected vehicles. 

21 (2) An evaluation of the advisability and feasi22 bility of sustained low-level production of mine re23 sistant ambush protected vehicles across the indus24 trial base as part of a long-term sustainment fleet 

25 integration strategy. 


smartinez on DSKB9S0YB1PROD with BILLS
710 

HR 5136 PCS1S 

1 TITLE XVI—IMPROVED SEXUAL 

2 ASSAULT PREVENTION AND 

3 RESPONSE IN THE ARMED 

4 FORCES 

5 SEC. 1601. DEFINITION OF DEPARTMENT OF DEFENSE SEX6 UAL ASSAULT PREVENTION AND RESPONSE 

7 PROGRAM AND OTHER DEFINITIONS. 

8 (a) SEXUAL ASSAULT PREVENTION AND RESPONSE

9 PROGRAM DEFINED.—In this title, the term ‘‘sexual as10 sault prevention and response program’’ refers to Depart11 ment of Defense policies and programs, including policies 

12 and programs of a specific military department or Armed 

13 Force, that are intended to reduce the number of sexual 

14 assaults involving members of the Armed Forces and im15 prove the response of the department to reports of sexual 

16 assaults involving members of the Armed Forces, whether 

17 members of the Armed Forces are the victim, alleged as18 sailant, or both. 

19 (b) OTHER DEFINITIONS.—In this title: 

20 (1) The term ‘‘Armed Forces’’ means the 

21 Army, Navy, Air Force, and Marine Corps. 

22 (2) The term ‘‘department’’ has the meaning 

23 given that term in section 101(a)(6) of title 10, 

24 United States Code. 


smartinez on DSKB9S0YB1PROD with BILLS
711 

HR 5136 PCS1S 

1 (3) The term ‘‘military installation’’ has the 

2 meaning given that term by the Secretary concerned. 

3 (4) The term ‘‘Secretary concerned’’ means— 

4 (A) the Secretary of the Army, with re5 spect to matters concerning the Army; 

6 (B) the Secretary of the Navy, with re7 spect to matters concerning the Navy and the 

8 Marine Corps; and 

9 (C) the Secretary of the Air Force, with 

10 respect to matters concerning the Air Force. 

11 Subtitle A—Immediate Actions to 

12 Improve Department of Defense 

13 Sexual Assault Prevention and 

14 Response Program 

15 SEC. 1611. SPECIFIC BUDGETING FOR DEPARTMENT OF DE16 FENSE SEXUAL ASSAULT PREVENTION AND 

17 RESPONSE PROGRAM. 

18 Effective with the Program Objective Memorandum 

19 to be issued for fiscal year 2012 and thereafter and con20 taining recommended programming and resource alloca21 tions for the Department of Defense, the Secretary of De22 fense shall specifically address the Department of Defense 

23 sexual assault prevention and response program to ensure 

24 that a separate line of funding is allocated to the program. 


smartinez on DSKB9S0YB1PROD with BILLS
712 

HR 5136 PCS1S 

1 SEC. 1612. CONSISTENCY IN TERMINOLOGY, POSITION DE2 SCRIPTIONS, PROGRAM STANDARDS, AND OR3 GANIZATIONAL STRUCTURES. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of the enactment of this Act, the Secretary of Defense 

6 shall require the use of consistent terminology, position 

7 descriptions, minimum program standards, and organiza8 tional structures throughout the Armed Forces in imple9 menting the Department of Defense sexual assault preven10 tion and response program. 

11 (b) RECOGNIZING OPERATIONAL DIFFERENCES.—In 

12 complying with subsection (a), the Secretary of Defense 

13 shall take into account the responsibilities of the Secretary 

14 concerned and operational needs of the Armed Force in15 volved. 

16 SEC. 1613. GUIDANCE FOR COMMANDERS. 

17 Not later than one year after the date of the enact18 ment of this Act, the Secretary of each military depart19 ment shall issue guidance to all military unit commanders 

20 that implementation of the Department of Defense sexual 

21 assault prevention and response program requires their 

22 leadership and is their responsibility. 

23 SEC. 1614. COMMANDER CONSULTATION WITH VICTIMS OF 

24 SEXUAL ASSAULT. 

25 Before making a decision regarding how to proceed 

26 under the Uniform Code of Military Justice in the case 


smartinez on DSKB9S0YB1PROD with BILLS
713 

HR 5136 PCS1S 

1 of an alleged sexual assault or other offense covered by 

2 section 920 of title 10, United States Code (article 120), 

3 the commanding officer shall offer to meet with the victim 

4 of the offense to determine the opinion of the victim re5 garding case disposition and provide that information to 

6 the convening authority. 

7 SEC. 1615. OVERSIGHT AND EVALUATION. 

8 Not later than one year after the date of the enact9 ment of this Act, the Secretary of Defense shall— 

10 (1) issue standards to be used to assess and 

11 evaluate the effectiveness of the sexual assault pre12 vention and response program of each Armed Force 

13 in reducing the number of sexual assaults involving 

14 members of the Armed Forces and in improving the 

15 response of the department to reports of sexual as16 saults involving members of the Armed Forces, 

17 whether members of the Armed Forces are the vic18 tim, alleged assailant, or both; and 

19 (2) develop measures to ensure that the Armed 

20 Forces comply with those standards. 

21 SEC. 1616. SEXUAL ASSAULT REPORTING HOTLINE. 

22 (a) AVAILABILITY OF HOTLINE.—Not later than 180 

23 days after the date of the enactment of this Act, the Sec24 retary of Defense shall establish a universal hotline to fa25 cilitate the reporting of a sexual assault— 


smartinez on DSKB9S0YB1PROD with BILLS
714 

HR 5136 PCS1S 

1 (1) by a member of the Armed Forces, whether 

2 serving in the United States or overseas, who is a 

3 victim of a sexual assault; or 

4 (2) by any other person who is a victim of a 

5 sexual assault involving a member of the Armed 

6 Forces. 

7 (b) PROMPT RESPONSE.—The Secretary of Defense 

8 shall ensure that a Sexual Assault Response Coordinator 

9 serving in the locality of the victim promptly responds to 

10 the reporting of a sexual assault using the hotline. The 

11 Secretary of Defense shall define appropriate localities for 

12 purposes of this subsection. 

13 SEC. 1617. REVIEW OF APPLICATION OF SEXUAL ASSAULT 

14 PREVENTION AND RESPONSE PROGRAM TO 

15 RESERVE COMPONENTS. 

16 (a) REPORT REQUIRED.—Not later than one year 

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

18 of Defense shall submit to the congressional defense com19 mittees a report on the application of the sexual assault 

20 prevention and response program for the reserve compo21 nents. 

22 (b) CONTENTS.—The report required by subsection 

23 (a) shall include, at a minimum, the following: 

24 (1) The ability of members of the reserve com25 ponents to access the services available under the 


smartinez on DSKB9S0YB1PROD with BILLS
715 

HR 5136 PCS1S 

1 sexual assault prevention and response program, in2 cluding policies and programs of a specific military 

3 department or Armed Force. 

4 (2) The quality of training provided to Sexual 

5 Assault Response Coordinators and Sexual Assault 

6 Victim Advocates in the reserve components. 

7 (3) The degree to which the services available 

8 for regular and reserve members under the sexual 

9 assault prevention and response program are inte10 grated. 

11 (4) Such recommendations as the Secretary of 

12 Defense considers appropriate on how to improve the 

13 services available for reserve members under the sex14 ual assault prevention and response program and 

15 their access to the services. 

16 SEC. 1618. REVIEW OF EFFECTIVENESS OF REVISED UNI17 FORM CODE OF MILITARY JUSTICE OF18 FENSES REGARDING RAPE, SEXUAL ASSAULT, 

19 AND OTHER SEXUAL MISCONDUCT. 

20 (a) REVIEW REQUIRED.—The Secretary of Defense 

21 shall conduct a review of the effectiveness of section 920 

22 of title 10, United States Code (article 120 of the Uniform 

23 Code of Military Justice), as amended by section 552 of 

24 the National Defense Authorization Act for Fiscal Year 

25 2006 (Public Law 109–163; 119 Stat. 3256). The SecVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
716 

HR 5136 PCS1S 

1 retary shall use a panel of military justice experts to con2 duct the review. 

3 (b) SUBMISSION OF RESULTS.—Not later than one 

4 year after the date of the enactment of this Act, the Sec5 retary of Defense shall submit the results of the review 

6 to the congressional defense committees. 

7 SEC. 1619. TRAINING AND EDUCATION PROGRAMS FOR SEX8 UAL ASSAULT PREVENTION AND RESPONSE 

9 PROGRAM. 

10 (a) SEXUAL ASSAULT PREVENTION AND RESPONSE

11 TRAINING AND EDUCATION.— 

12 (1) DEVELOPMENT OF CURRICULA.—Not later 

13 than one year after the date of the enactment of this 

14 Act, the Secretary of each military department shall 

15 develop curricula to provide sexual assault preven16 tion and response training and education for mem17 bers of the Armed Forces under the jurisdiction of 

18 the Secretary and civilian employees of the military 

19 department to strengthen individual knowledge, 

20 skills, and capacity to prevent and respond to sexual 

21 assault. 

22 (2) SCOPE OF TRAINING AND EDUCATION.— 

23 The sexual assault prevention and response training 

24 and education shall encompass initial entry and ac25 cession programs, annual refresher training, profesVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
717 

HR 5136 PCS1S 

1 sional military education, peer education, and spe2 cialized leadership training. Training shall be tai3 lored for specific leadership levels and local area re4 quirements. 

5 (3) CONSISTENT TRAINING.—The Secretary of 

6 Defense shall ensure that the sexual assault preven7 tion and response training provided to members of 

8 the Armed Forces and Department of Defense civil9 ian employees is consistent throughout the military 

10 departments. 

11 (b) INCLUSION IN PROFESSIONAL MILITARY EDU12 CATION.—The Secretary of Defense shall provide for the 

13 inclusion of a sexual assault prevention and response 

14 training module at each level of professional military edu15 cation. The training shall be tailored to the new respon16 sibilities and leadership requirements of members of the 

17 Armed Forces as they are promoted. 

18 (c) INCLUSION IN FIRST RESPONDER TRAINING.— 

19 (1) IN GENERAL.—The Secretary of Defense 

20 shall direct that managers of specialty skills associ21 ated with first responders described in paragraph 

22 (2) integrate sexual assault response training in ini23 tial and recurring training courses. 

24 (2) COVERED FIRST RESPONDERS.—First re25 sponders referred to in paragraph (1) include fireVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00717 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
718 

HR 5136 PCS1S 

1 fighters, emergency medical technicians, law enforce2 ment officers, military criminal investigators, 

3 healthcare personnel, judge advocates, and chap4 lains. 

5 SEC. 1620. USE OF SEXUAL ASSAULT FORENSIC MEDICAL 

6 EXAMINERS. 

7 Not later than two years after the date of the enact8 ment of this Act, the Secretary of Defense shall provide 

9 for the use of forensic medical examiners within the De10 partment of Defense who are specially trained regarding 

11 the collection and preservation of evidence in cases involv12 ing sexual assault. 

13 SEC. 1621. SEXUAL ASSAULT ADVISORY BOARD. 

14 (a) ESTABLISHMENT.—Not later than one year after 

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

16 Defense shall establish a Sexual Assault Advisory Board, 

17 to be modeled after other Defense advisory boards, such 

18 as the Defense Business Board, the Defense Policy Board, 

19 or the Defense Science Board. 

20 (b) PURPOSE.—The purpose of the Sexual Assault 

21 Advisory Board is— 

22 (1) to advise the Secretary of Defense on the 

23 overall Department of Defense sexual assault pre24 vention and response program and its comprehensive 

25 prevention strategy and on the effectiveness of the 


smartinez on DSKB9S0YB1PROD with BILLS
719 

HR 5136 PCS1S 

1 sexual assault prevention and response program of 

2 each Armed Force; and 

3 (2) to make recommendations regarding 

4 changes and improvements to the sexual assault pre5 vention and response program. 

6 (c) RELATION TO SEXUAL ASSAULT PREVENTION

7 AND RESPONSE OFFICE.—The Sexual Assault Advisory 

8 Board is not intended to replace the organic capabilities 

9 that must reside in the Sexual Assault Prevention and Re10 sponse Office, but to ensure that best practices from both 

11 the civilian and military community perspective are incor12 porated into the design, development, and performance of 

13 the sexual assault prevention and response program. 

14 (d) ORGANIZATION AND MEMBERSHIP.—The Sexual 

15 Assault Advisory Board shall be chaired by the Undersec16 retary of Defense for Personnel and Readiness. The Sex17 ual Assault Advisory Board shall include experts on crimi18 nal law and sexual assault prevention, response, and train19 ing who are not members of the Armed Forces or civilian 

20 employees of the Department of Defense and include rep21 resentatives from other Federal agencies. 

22 (e) FREQUENCY OF MEETINGS.—The Sexual Assault 

23 Advisory Board shall meet not less frequently than bian24 nually. 


smartinez on DSKB9S0YB1PROD with BILLS
720 

HR 5136 PCS1S 

1 SEC. 1622. DEPARTMENT OF DEFENSE SEXUAL ASSAULT 

2 ADVISORY COUNCIL. 

3 (a) REORGANIZATION.—Not later than one year after 

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

5 Defense shall reorganize the Sexual Assault Advisory 

6 Council and limit membership on the Sexual Assault Advi7 sory Council to Department of Defense personnel. 

8 (b) PURPOSE.—The purpose of the Sexual Assault 

9 Advisory Council is— 

10 (1) to oversee the Department’s overall sexual 

11 assault prevention and response Program and its 

12 comprehensive prevention strategy; 

13 (2) to ensure accountability of the sexual as14 sault prevention and response program of each 

15 Armed Force; 

16 (3) to make recommendations regarding 

17 changes and improvements to the sexual assault pre18 vention and response program; and 

19 (4) to identify cross-cutting issues and solutions 

20 in the area of sexual assault. 

21 (c) ORGANIZATION AND MEMBERSHIP.—The Sexual 

22 Assault Advisory Council shall be chaired by the Deputy 

23 Secretary of Defense or the designee of the Deputy Sec24 retary. Members shall include, at a minimum, the fol25 lowing: 


smartinez on DSKB9S0YB1PROD with BILLS
721 

HR 5136 PCS1S 

1 (1) Principals or deputies from every office 

2 within the Office of the Secretary of Defense with 

3 responsibilities involving the sexual assault preven4 tion and response program. 

5 (2) The Assistant Secretary of each of the mili6 tary departments with responsibility for the sexual 

7 assault prevention and response program. 

8 (3) The Vice Chief of Staff of the Army, the 

9 Vice Chief of Naval Operations, the Vice Chief of 

10 Staff of the Air Force, and the Assistant Com11 mandant of the Marine Corps. 

12 (4) A general or flag officer from the staff of 

13 each officer specified in paragraph (3) who has re14 sponsibility for the sexual assault prevention and re15 sponse program. 

16 (5) A general officer from the National Guard 

17 Bureau. 

18 (d) FREQUENCY OF MEETINGS.—The Sexual Assault 

19 Advisory Council shall meet not less frequently than once 

20 each calendar-year quarter. 

21 (e) SERVICE-LEVEL SEXUAL ASSAULT ADVISORY

22 COUNCILS.—The Secretary of a military department shall 

23 establish a sexual assault advisory council, comparable to 

24 the Sexual Assault Advisory Council required by subVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00721 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
722 

HR 5136 PCS1S 

1 section (a), for each Armed Force under the jurisdiction 

2 of the Secretary. 

3 SEC. 1623. SERVICE-LEVEL SEXUAL ASSAULT REVIEW 

4 BOARDS. 

5 (a) ESTABLISHMENT.—Not later than one year after 

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

7 a military department shall establish for each military in8 stallation or operational command under the jurisdiction 

9 of the Secretary a multi-disciplinary group to serve as a 

10 sexual assault review board. 

11 (b) MEMBERSHIP.—The chair of a sexual assault re12 view board shall be the senior commander, senior deputy 

13 commander, or chief of staff. Other members should in14 clude the Sexual Assault Response Coordinator, command 

15 legal representative or staff judge advocate, command 

16 chaplain, and representation of senior commanders or su17 pervisors from the Military Criminal Investigative Organi18 zations, military law enforcement, medical, alcohol and 

19 substance abuse office, and the safety office. 

20 (c) RESPONSIBILITIES.—A sexual assault review 

21 board shall be responsible for, at a minimum, addressing 

22 safety issues, developing prevention strategies, analyzing 

23 response processes, community impact and overall trends, 

24 and identifying training issues. These functions should be 


smartinez on DSKB9S0YB1PROD with BILLS
723 

HR 5136 PCS1S 

1 flexible to accommodate the resources available at dif2 ferent installations and operational commands. 

3 (d) FREQUENCY OF MEETINGS.—A sexual assault re4 view board shall meet not less frequently than once each 

5 calendar-year quarter. 

6 SEC. 1624. RENEWED EMPHASIS ON ACQUISITION OF CEN7 TRALIZED DEPARTMENT OF DEFENSE SEX8 UAL ASSAULT DATABASE. 

9 (a) NEW DEADLINE FOR ACQUISITION.—Notwith10 standing subsection (c) of section 563 of the Duncan 

11 Hunter National Defense Authorization Act for Fiscal 

12 Year 2009 (Public Law 110–417; 122 Stat. 4470), the 

13 Secretary of Defense shall complete implementation of the 

14 centralized sexual assault database required by subsection 

15 (a) of such section not later than September 30, 2011. 

16 (b) ACQUISITION PROCESS.—To meet the deadline 

17 imposed by subsection (a), acquisition best practices asso18 ciated with successfully acquiring and deploying informa19 tion technology systems related to the database, such as 

20 economically justifying the proposed system solution and 

21 effectively developing and managing requirements, shall be 

22 completed as soon as possible. 


smartinez on DSKB9S0YB1PROD with BILLS
724 

HR 5136 PCS1S 

1 Subtitle B—Sexual Assault Preven2 tion Strategy and Annual Re3 porting Requirement 

4 SEC. 1631. COMPREHENSIVE DEPARTMENT OF DEFENSE 

5 SEXUAL ASSAULT PREVENTION STRATEGY. 

6 (a) STRATEGY REQUIRED.—Not later than one year 

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

8 of Defense shall submit to the congressional defense com9 mittees a comprehensive strategy to reduce the number 

10 of sexual assaults involving members of the Armed Forces, 

11 whether members of the Armed Forces are the victim, al12 leged assailant, or both. All activities and programs of a 

13 specific military department or Armed Force related to 

14 preventing sexual assault must align with and support the 

15 overall comprehensive strategy. 

16 (b) COORDINATION WITH OTHER REQUIREMENTS.— 

17 In developing the comprehensive strategy under subsection 

18 (a), the Secretary of Defense shall incorporate and build 

19 upon— 

20 (1) the new requirements imposed by this sub21 title; 

22 (2) the policies and procedure developed under 

23 section 577 of the Ronald W. Reagan National De24 fense Authorization Act for Fiscal Year 2005 (Pub25 lic Law 108–375; 10 U.S.C. 113 note); and 


smartinez on DSKB9S0YB1PROD with BILLS
725 

HR 5136 PCS1S 

1 (3) the prevention and response plan developed 

2 under section 567(a) of the National Defense Au3 thorization Act for Fiscal Year 2010 (Public Law 

4 111–84; 123 Stat. 2313). 

5 (c) IMPLEMENTATION OF STRATEGY.—Not later 

6 than 6 months after the submission of the comprehensive 

7 strategy prepared under subsection (a), the Secretary of 

8 Defense shall complete implementation of the comprehen9 sive strategy throughout the Department of Defense. 

10 (d) SEXUAL ASSAULT PREVENTION EVALUATION

11 PLAN.— 

12 (1) PLAN REQUIRED.—The Secretary of De13 fense shall develop and implement an evaluation 

14 plan for assessing the effectiveness of the com15 prehensive strategy prepared under subsection (a) 

16 its intended outcomes at the Department of Defense 

17 and individual Armed Force levels. 

18 (2) COMMANDER ROLE.—As a component of 

19 the evaluation plan, the commander of each military 

20 installation and the commander of each unified or 

21 specified combatant command shall assess the ade22 quacy of measures undertaken at facilities under the 

23 authority of the commander to ensure the safest and 

24 most secure living and working environments with 

25 regard to preventing sexual assault. 


smartinez on DSKB9S0YB1PROD with BILLS
726 

HR 5136 PCS1S 

1 (3) SUBMISSION OF RESULTS.—The results of 

2 assessments conducted under the evaluation plan 

3 shall be included in the annual report required by 

4 section 1632, beginning with the report required to 

5 be submitted in calendar year 2012. 

6 SEC. 1632. ANNUAL REPORT ON SEXUAL ASSAULTS INVOLV7 ING MEMBERS OF THE ARMED FORCES AND 

8 SEXUAL ASSAULT PREVENTION AND RE9 SPONSE PROGRAM. 

10 (a) ANNUAL REPORT ON SEXUAL ASSAULTS.—Not 

11 later than January 15 of each year, the Secretary of each 

12 military department shall submit to the Secretary of De13 fense a report on the sexual assaults involving members 

14 of the Armed Forces under the jurisdiction of that Sec15 retary during the preceding year. In the case of the Sec16 retary of the Navy, separate reports shall be prepared for 

17 the Navy and for the Marine Corps. 

18 (b) CONTENTS.—The report of a Secretary of a mili19 tary department on an Armed Force under subsection (a) 

20 shall contain the following: 

21 (1) The number of sexual assaults committed 

22 against members of the Armed Force that were re23 ported to military officials during the year covered 

24 by the report, and the number of the cases so re25 ported that were founded. 


smartinez on DSKB9S0YB1PROD with BILLS
727 

HR 5136 PCS1S 

1 (2) The number of sexual assaults committed 

2 by members of the Armed Force that were reported 

3 to military officials during the year covered by the 

4 report, and the number of the cases so reported that 

5 were founded. The information required by this 

6 paragraph shall not be combined with the informa7 tion required by paragraph (1). 

8 (3) A synopsis of each such founded case, orga9 nized by offense, and, for each such case, the dis10 ciplinary action taken in the case, including the type 

11 of disciplinary or administrative sanction imposed, if 

12 any. 

13 (4) The policies, procedures, and processes im14 plemented by the Secretary concerned during the 

15 year covered by the report in response to incidents 

16 of sexual assault involving members of the Armed 

17 Force concerned. 

18 (5) The number of founded sexual assault cases 

19 in which the victim is a deployed member of the 

20 Armed Forces and the assailant is a foreign na21 tional, and the policies, procedures, and processes 

22 implemented by the Secretary concerned to monitor 

23 the investigative process and disposition of such 

24 cases and to eliminate any gaps in investigating and 

25 adjudicating such cases. 


smartinez on DSKB9S0YB1PROD with BILLS
728 

HR 5136 PCS1S 

1 (6) A description of the implementation during 

2 the year covered by the report of the tracking sys3 tem implemented pursuant to section 596(a) of the 

4 National Defense Authorization Act for Fiscal Year 

5 2006 (Public Law 109–163; 10 U.S.C. 113 note), 

6 including information collected on cases during that 

7 year in which care to a victim of rape or sexual as8 sault was hindered by the lack of availability of a 

9 rape kit or other needed supplies or by the lack of 

10 timely access to appropriate laboratory testing re11 sources. 

12 (7) A description of the implementation during 

13 the year covered by the report of the accessibility 

14 plan implemented pursuant to section 596(b) of such 

15 Act, including a description of the steps taken dur16 ing that year to provide that trained personnel, ap17 propriate supplies, and transportation resources are 

18 accessible to deployed units in order to provide an 

19 appropriate and timely response in any case of re20 ported sexual assault in a deployed unit. 

21 (8) A description of the required supply inven22 tory, location, accessibility, and availability of sup23 plies, trained personnel, and transportation re24 sources needed, and in fact in place, in order to be 

25 able to provide an appropriate and timely response 


smartinez on DSKB9S0YB1PROD with BILLS
729 

HR 5136 PCS1S 

1 in any case of reported sexual assault in a deployed 

2 unit. 

3 (9) A plan for the actions that are to be taken 

4 in the year following the year covered by such report 

5 on reducing the number of sexual assaults involving 

6 members of the Armed Forces concerned and im7 proving the response to sexual assaults involving 

8 members of the Armed Forces concerned. 

9 (10) The results of the most recent biennial 

10 gender-relations survey of an adequate sample of 

11 members to evaluate and improve the sexual assault 

12 prevention and response program. 

13 (c) VERIFICATION.—The Office of the Judge Advo14 cate General of an Armed Force (or, in the case of the 

15 Marine Corps, the Office of the Staff Judge Advocate to 

16 the Commandant of the Marine Corps) shall verify the ac17 curacy of the information required by paragraphs (1), (2), 

18 (3), and (5) of subsection (b), including courts-martial 

19 data. 

20 (d) CONSISTENT DEFINITION OF FOUNDED.—Not 

21 later than one year after the date of the enactment of this 

22 Act, the Secretary of Defense shall establish a consistent 

23 definition of ‘‘founded’’ for purposes of paragraphs (1), 

24 (2), (3), and (5) of subsection (b) and require that mili25 tary criminal investigative organizations only provide synVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
730 

HR 5136 PCS1S 

1 opses for those cases for the preparation of reports under 

2 this section. 

3 (e) ASSESSMENT COMPONENT.—Each report under 

4 subsection (a) shall include an assessment by the Sec5 retary concerned of the implementation during the pre6 ceding fiscal year of the sexual assault prevention and re7 sponse program in order to determine the effectiveness of 

8 the program during such fiscal year in providing an appro9 priate response to sexual assaults involving members of 

10 the Armed Forces. 

11 (f) SUBMISSION TO CONGRESS.—The Secretary of 

12 Defense shall submit to the Committees on Armed Serv13 ices of the Senate and House of Representatives each re14 port prepared under subsection (a), together with the com15 ments of the Secretary of Defense on the report. The Sec16 retary of Defense shall submit each such report not later 

17 than March 15 of the year following the year covered by 

18 the report. 

19 (g) REPEAL OF SUPERSEDED REPORTING REQUIRE20 MENT.—Section 577 of the Ronald W. Reagan National 

21 Defense Authorization Act for Fiscal Year 2005 (Public 

22 Law 108–375; 10 U.S.C. 113 note) is amended by striking 

23 subsection (f). 


smartinez on DSKB9S0YB1PROD with BILLS
731 

HR 5136 PCS1S 

1 Subtitle C—Amendments to Title 

2 10 

3 SEC. 1641. SEXUAL ASSAULT PREVENTION AND RESPONSE 

4 OFFICE. 

5 (a) APPOINTMENT OF DIRECTOR; DUTIES.—Chapter 

6 4 of title 10, United States Code, as amended by section 

7 902, is amended by inserting after section 139 the fol8 lowing new section: 

9 ‘‘§ 139a. Director of Sexual Assault Prevention and 

10 Response Office 

11 ‘‘(a) APPOINTMENT.—There is a Director of the Sex12 ual Assault Prevention and Response Office who shall be 

13 a general or flag officer or an employee of the Department 

14 of Defense in a comparable Senior Executive Service posi15 tion. 

16 ‘‘(b) DUTIES.—The Director of the Sexual Assault 

17 Prevention and Response Office serves as the single point 

18 of authority, accountability, and oversight for the Depart19 ment of Defense sexual assault prevention and response 

20 program and provides oversight to ensure that the military 

21 departments comply with the program. 

22 ‘‘(c) ROLE OF INSPECTORS GENERAL.—The Inspec23 tor General of the Department of Defense, the Inspector 

24 General of the Army, the Naval Inspector General, and 

25 the Inspector General of the Air Force shall include sexual 


smartinez on DSKB9S0YB1PROD with BILLS
732 

HR 5136 PCS1S 

1 assault prevention and response programs within the 

2 scope of their assessments. The Inspector General teams 

3 shall include at least one member with expertise and 

4 knowledge of sexual assault prevention and response poli5 cies related to a specific armed force. 

6 ‘‘(d) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘armed forces’ means the Army, 

8 Navy, Air Force, and Marine Corps. 

9 ‘‘(2) The term ‘sexual assault prevention and 

10 response program’ refers to Department of Defense 

11 policies and programs, including policies and pro12 grams of a specific military department or the that 

13 are intended to reduce the number of sexual assaults 

14 involving members of the armed forces and improve 

15 the response of the department to reports of sexual 

16 assaults involving members of the armed forces, 

17 whether members of the armed forces are the victim, 

18 alleged assailant, or both.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by inserting 

21 after the item relating to section 139 the following new 

22 item: 

‘‘139a. Director of Sexual Assault Prevention and Response Office.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
733 

HR 5136 PCS1S 

1 SEC. 1642. SEXUAL ASSAULT RESPONSE COORDINATORS 

2 AND SEXUAL ASSAULT VICTIM ADVOCATES. 

3 (a) ASSIGNMENT AND TRAINING.—Chapter 80 of 

4 title 10, United States Code, is amended by adding at the 

5 end the following new section: 

6 ‘‘§ 1568. Sexual assault prevention and response: Sex7 ual Assault Response Coordinators and 

8 Victim Advocates 

9 ‘‘(a) ASSIGNMENT OF COORDINATORS.—(1) At least 

10 one full-time Sexual Assault Response Coordinator shall 

11 be assigned to each brigade or equivalent or higher unit 

12 level of the armed forces. The Secretary of the military 

13 department concerned may assign additional Sexual As14 sault Response Coordinators as necessary based on the de15 mographics or needs of the unit. The additional Sexual 

16 Assault Response Coordinator may serve on a full-time or 

17 part-time basis at the discretion of the Secretary. 

18 ‘‘(2) Effective October 1, 2013, only members of the 

19 armed forces and civilian employees of the Department of 

20 Defense may be assigned to duty as a Sexual Assault Re21 sponse Coordinator. After that date, contractor employees 

22 may serve as a Sexual Assault Response Coordinator only 

23 on a temporary basis, as determined by the Secretary of 

24 Defense. 

25 ‘‘(b) ASSIGNMENT OF VICTIM ADVOCATES.—(1) At 

26 least one full-time Sexual Assault Victim Advocate shall 


smartinez on DSKB9S0YB1PROD with BILLS
734 

HR 5136 PCS1S 

1 be assigned to each brigade or equivalent or higher unit 

2 level of the armed forces. The Secretary of the military 

3 department concerned may assign additional Victim Advo4 cates as necessary based on the demographics or needs 

5 of the unit. The additional Victim Advocates may serve 

6 on a full-time or part-time basis at the discretion of the 

7 Secretary. 

8 ‘‘(2) Only members of the armed forces and civilian 

9 employees of the Department of Defense may be assigned 

10 to duty as a Victim Advocate. Contractor employees may 

11 serve as a Victim Advocate only on a temporary basis, as 

12 determined by the Secretary of Defense. 

13 ‘‘(c) DEPLOYABLE COORDINATORS AND VICTIM AD14 VOCATES.—(1) The Secretary of a military department 

15 shall assign members of the armed forces under the juris16 diction of the Secretary to serve as a deployable Sexual 

17 Assault Response Coordinator or Sexual Assault Victim 

18 Advocate when a Sexual Assault Response Coordinator as19 signed to a unit under subsection (a) or a Sexual Assault 

20 Victim Advocate assigned to a unit under subsection (b) 

21 is not deployed with the unit. 

22 ‘‘(2) A deployable Sexual Assault Response Coordi23 nator or deployable Sexual Assault Victim Advocate may 

24 serve on a full-time or part-time basis at the discretion 

25 of the Secretary. 


smartinez on DSKB9S0YB1PROD with BILLS
735 

HR 5136 PCS1S 

1 ‘‘(d) TRAINING AND CERTIFICATION.—(1) As part of 

2 the sexual assault prevention and response program, the 

3 Secretary of Defense shall establish a professional and 

4 uniform training and certification program for Sexual As5 sault Response Coordinators assigned under subsection 

6 (a) and Sexual Assault Victim Advocates assigned under 

7 subsection (b). The program shall be structured and ad8 ministered in a manner similar to the professional training 

9 available for Equal Opportunity Advisors through the De10 fense Equal Opportunity Management Institute. 

11 ‘‘(2) Effective beginning one year after the date of 

12 the enactment of this section, before a member or civilian 

13 employee may be assigned to duty as a Sexual Assault 

14 Response Coordinator under subsection (a), the member 

15 or employee must have completed the training program 

16 required by paragraph (1) and obtained the certification. 

17 ‘‘(3) A member or civilian employee assigned to duty 

18 as a Victim Advocate under subsection (b) may obtain cer19 tification under the training program required by para20 graph (1). At a minimum, the Sexual Assault Response 

21 Coordinator to whom a Victim Advocate reports shall train 

22 the Victim Advocate using the same training materials 

23 used to train the Sexual Assault Response Coordinator 

24 under the program. 


smartinez on DSKB9S0YB1PROD with BILLS
736 

HR 5136 PCS1S 

1 ‘‘(4) Deployable Sexual Assault Response Coordina2 tors and deployable Sexual Assault Victim Advocates shall 

3 receive training from a designated Sexual Assault Re4 sponse Coordinator or Sexual Assault Victim Advocate on 

5 their specific roles and responsibilities before assuming 

6 such responsibilities. 

7 ‘‘(e) ACCESS TO COMMANDERS AND UNITS.—(1) The 

8 Secretaries of the military departments shall ensure that 

9 a Sexual Assault Response Coordinator, including a 

10 deployable Sexual Assault Response Coordinator assigned 

11 under subsection (c), has direct access to senior com12 manders and any other commander within the unit or geo13 graphical area of responsibility of the Sexual Assault Re14 sponse Coordinator. 

15 ‘‘(2) A Sexual Assault Response Coordinator may 

16 work with supporting medical staff, mental health staff, 

17 and chaplains to offer unit counseling options for com18 manders of units in which a sexual assault involving a 

19 member of the armed forces occurs. 

20 ‘‘(f) SEXUAL ASSAULT RESPONSE TEAMS RESPON21 SIBLE FOR OVERSEEING UNRESTRICTED REPORTED

22 CASES.— 

23 ‘‘(1) RESPONSE TEAM PROTOCOL.—Not later 

24 than one year after the date of the enactment of this 

25 section, the Secretary of Defense shall develop and 


smartinez on DSKB9S0YB1PROD with BILLS
737 

HR 5136 PCS1S 

1 implement a protocol for the establishment and use 

2 of sexual assault response teams throughout the De3 partment of Defense. 

4 ‘‘(2) EMERGENCY RESPONSE.—A sexual assault 

5 response team shall be led by a Sexual Assault Re6 sponse Coordinator and convene as soon as prac7 ticable after a reported sexual assault involving a 

8 member of the armed forces. 

9 ‘‘(3) OTHER ELEMENTS.—At a minimum, the 

10 protocol for sexual assault response teams shall also 

11 provide for— 

12 ‘‘(A) in addition to meetings required by 

13 paragraph (2), monthly meetings to review indi14 vidual cases, facilitate timely victim updates, 

15 and ensure system coordination, accountability 

16 (to include tracking case adjudication), and vic17 tim access to quality services; and 

18 ‘‘(B) depending on the resources available 

19 at different locations, membership drawn from 

20 the relevant military criminal investigator, med21 ical personnel, chaplain, trial counsel, and Sex22 ual Assault Victim Advocate. 

23 ‘‘(4) COMMAND INVOLVEMENT.—Within the 

24 first 3 months of assuming a command, the com25 mander shall attend a meeting of their command’s 


smartinez on DSKB9S0YB1PROD with BILLS
738 

HR 5136 PCS1S 

1 sexual assault response team occurring after the 

2 commander’s assumption of command. The Sec3 retary of Defense shall provide for the inclusion of 

4 a sexual assault prevention and response training 

5 module as part of commanders pre-command 

6 courses. 

7 ‘‘(g) PROHIBITION ON USE OF INSPECTOR GENERAL

8 PERSONNEL.—Personnel of the Inspector General of the 

9 Department of Defense, the Inspector General of the 

10 Army, the Naval Inspector General, and the Inspector 

11 General of the Air Force may not perform Sexual Assault 

12 Response Coordinator duties. 

13 ‘‘(h) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘armed forces’ means the Army, 

15 Navy, Air Force, and Marine Corps. 

16 ‘‘(2) The term ‘sexual assault prevention and 

17 response program’ refers to Department of Defense 

18 policies and programs, including policies and pro19 grams of a specific military department or the that 

20 are intended to reduce the number of sexual assaults 

21 involving members of the armed forces and improve 

22 the response of the department to reports of sexual 

23 assaults involving members of the armed forces, 

24 whether members of the armed forces are the victim, 

25 alleged assailant, or both.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
739 

HR 5136 PCS1S 

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘1568. Sexual assault prevention and response: Sexual Assault Response Coordinators and Victim Advocates.’’. 

4 SEC. 1643. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL 

5 COUNSEL AND VICTIM ADVOCATE SERVICES. 

6 (a) ACCESS.—Chapter 53 of title 10, United States 

7 Code, is amended by inserting after section 1044d the fol8 lowing new section: 

9 ‘‘§ 1044e. Access to legal assistance and Victim Advo10 cate services for victims of sexual assault 

11 ‘‘(a) AVAILABILITY OF LEGAL ASSISTANCE AND VIC12 TIM ADVOCATE SERVICES.— 

13 ‘‘(1) MEMBERS.—A member of the armed 

14 forces or a dependent of a member of the armed 

15 forces who is the victim of a sexual assault is enti16 tled to— 

17 ‘‘(A) legal assistance provided by a mili18 tary legal assistance counsel certified as com19 petent to provide such duties pursuant to sec20 tion 827(b) of this title (article 27(b) of the 

21 Uniform Code of Military Justice); and 

22 ‘‘(B) assistance provided by a qualified 

23 Sexual Assault Victim Advocate. 


smartinez on DSKB9S0YB1PROD with BILLS
740 

HR 5136 PCS1S 

1 ‘‘(2) DEPENDENTS.—To the extent practicable, 

2 the Secretary of a military department shall make 

3 the assistance described in paragraph (1) available 

4 to dependent of a member of the armed forces who 

5 is the victim of a sexual assault and resides on or 

6 in the vicinity of a military installation. The Sec7 retary concerned shall define the term ‘vicinity’ for 

8 purposes of this paragraph. 

9 ‘‘(3) NOTICE OF AVAILABILITY OF ASSISTANCE; 

10 OPT OUT.—The member or dependent shall be in11 formed of the availability of assistance under this 

12 subsection as soon as the member or dependent 

13 seeks assistance from a Sexual Assault Response Co14 ordinator or any other responsible member of the 

15 armed forces or Department of Defense civilian em16 ployee. The victim shall also be informed that the 

17 legal assistance and services of a Sexual Assault Re18 sponse Coordinator and Sexual Assault Victim Advo19 cate are optional and these services may be declined, 

20 in whole or in part, at any time. 

21 ‘‘(4) NATURE OF REPORTING IMMATERIAL.—In 

22 the case of a member of the armed forces, access to 

23 legal assistance and Victim Advocate services is 

24 available regardless of whether the member elects 


smartinez on DSKB9S0YB1PROD with BILLS
741 

HR 5136 PCS1S 

1 unrestricted or restricted (confidential) reporting of 

2 the sexual assault. 

3 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection shall be construed to establish an at5 torney-client relationship. 

6 ‘‘(b) RESTRICTED REPORTING OPTION.— 

7 ‘‘(1) AVAILABILITY OF RESTRICTED REPORT8 ING.—A member of the armed forces who is the vic9 tim of a sexual assault may confidentially disclose 

10 the details of the assault to an individual specified 

11 in paragraph (2) and receive medical treatment, 

12 legal assistance, or counseling, without triggering an 

13 official investigation of the allegations. 

14 ‘‘(2) PERSONS COVERED BY RESTRICTED RE15 PORTING.—Individuals covered by paragraph (1) are 

16 the following: 

17 ‘‘(A) Military legal assistance counsel. 

18 ‘‘(B) Sexual Assault Response Coordi19 nator. 

20 ‘‘(C) Sexual Assault Victim Advocate. 

21 ‘‘(D) Healthcare personnel. 

22 ‘‘(E) Chaplain. 

23 ‘‘(3) IMPORTANCE OF CONTACTING SEXUAL AS24 SAULT RESPONSE COORDINATOR.—The Secretary of 

25 Defense shall ensure that all sexual assault prevenVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
742 

HR 5136 PCS1S 

1 tion and response training emphasizes the impor2 tance of immediately contacting a Sexual Assault 

3 Response Coordinator after a sexual assault to en4 sure that the victim preserves the restricted report5 ing option and receives guidance on available serv6 ices and victim care. A member’s responsibility to 

7 report a sexual assault is satisfied by informing the 

8 Sexual Assault Response Coordinator, in addition to 

9 or in lieu of informing the member’s commander or 

10 military law enforcement. 

11 ‘‘(c) CLARIFICATION OF VICTIM OPTION TO PARTICI12 PATE IN INVESTIGATION.—The Secretary of Defense shall 

13 implement a Sexual Assault Response Coordinator-led 

14 process by which a member or dependent referred to in 

15 subsection (a) may decline to participate in the investiga16 tion of the sexual assault. The member or dependent, after 

17 consultation with a Sexual Assault Victim Advocate or 

18 Sexual Assault Response Coordinator, or both, may com19 plete a form indicating a preference not to participate fur20 ther in the investigative process. 

21 ‘‘(d) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘sexual assault’ includes any of 

23 the offenses covered by section 920 of this title (arti24 cle 120). 


smartinez on DSKB9S0YB1PROD with BILLS
743 

HR 5136 PCS1S 

1 ‘‘(2) The term ‘military legal assistance counsel’ 

2 means— 

3 ‘‘(A) a judge advocate (as defined in sec4 tion 801(13) of this title (article 1(13) of the 

5 Uniform Code of Military Justice)); or 

6 ‘‘(B) a civilian attorney serving as a legal 

7 assistance officer under the provisions of sec8 tion 1044 of this title.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by inserting 

11 after the item relating to section 1044d the following new 

12 item: 

‘‘1044e. Access to legal assistance and Victim Advocate services for victims of 

sexual assault.’’. 

13 (c) CONFORMING AMENDMENT REGARDING PROVI14 SION OF LEGAL COUNSEL.—Section 1044(d)(3)(B) of 

15 such title is amended by striking ‘‘sections 1044a, 1044b, 

16 1044c, and 1044d’’ and inserting ‘‘sections 1044a through 

17 1044e’’. 

18 SEC. 1644. NOTIFICATION OF COMMAND OF OUTCOME OF 

19 COURT-MARTIAL INVOLVING CHARGES OF 

20 SEXUAL ASSAULT. 

21 Section 853 of title 10, United States Code (article 

22 53 of the Uniform Code of Military Justice), is amended— 

23 (1) by inserting ‘‘(a) ANNOUNCEMENT TO PAR24 TIES.—’’ before ‘‘A court-martial’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
744 

HR 5136 PCS1S 

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) DISSEMINATION OF RESULTS TO COMMAND IN

4 CERTAIN CASES.—In the case of an alleged sexual assault 

5 or other offense covered by section 920 of this title (article 

6 120), the trial counsel shall notify the servicing staff judge 

7 advocate at the military installation, who shall notify the 

8 convening authority and commanders, as appropriate. In 

9 consultation with the servicing staff judge advocate, the 

10 commanding officer shall notify members of the command 

11 of the outcome of the case.’’. 

12 SEC. 1645. COPY OF RECORD OF COURT-MARTIAL TO VIC13 TIM OF SEXUAL ASSAULT INVOLVING A MEM14 BER OF THE ARMED FORCES. 

15 Section 854 of title 10, United States Code (article 

16 54 of the Uniform Code of Military Justice), is amended 

17 by adding at the end the following new subsection: 

18 ‘‘(e) In the case of a general or special court-martial 

19 involving a sexual assault or other offense covered by sec20 tion 920 of this title (article 120), a copy of the prepared 

21 record of the proceedings of the court-martial shall be 

22 given to the victim of the offence if the victim testified 

23 during the proceedings. The record of the proceedings 

24 shall be provided without charge and as soon as the record 


smartinez on DSKB9S0YB1PROD with BILLS
745 

HR 5136 PCS1S 

1 is authenticated. The victim shall be notified of the oppor2 tunity to receive the record of the proceedings.’’. 

3 SEC. 1646. MEDICAL CARE FOR VICTIMS OF SEXUAL AS4 SAULT. 

5 (a) MEDICAL CARE AND RECORDS.—Chapter 55 of 

6 title 10, United States Code, is amended by inserting after 

7 section 1074l the following new section: 

8 ‘‘§ 1074m. Medical care for members who are victims 

9 of sexual assault 

10 ‘‘(a) MEDICAL CARE.—(1) The Secretary of Defense 

11 shall establish protocols for providing medical care to a 

12 member of the armed forces who is a victim of a sexual 

13 assault, including protocols with respect to the appropriate 

14 screening, prevention, and mitigation of diseases. 

15 ‘‘(2) In establishing the protocols under paragraph 

16 (1), the Secretary shall take into consideration the sex of 

17 the member of the armed forces. 

18 ‘‘(b) MEDICAL RECORDS.—The Secretary shall en19 sure that— 

20 ‘‘(1) an accurate and complete medical record is 

21 made for each member of the armed forces who is 

22 a victim of a sexual assault with respect to the phys23 ical and mental condition of the member resulting 

24 from the assault; and 


smartinez on DSKB9S0YB1PROD with BILLS
746 

HR 5136 PCS1S 

1 ‘‘(2) such record complies with the requirement 

2 for confidentiality in making a restricted report 

3 under section 1044e(b) of this title. 

4 ‘‘(c) RESTRICTED REPORTING.—Nothing in this sec5 tion shall be construed as affecting the right of a member 

6 of the armed forces to make a restricted report under sec7 tion 1044e(b) of this title.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 1074l the following new 

11 item: 

‘‘1074m. Medical care for members who are victims of sexual assault.’’. 

12 SEC. 1647. PRIVILEGE AGAINST DISCLOSURE OF CERTAIN 

13 COMMUNICATIONS WITH SEXUAL ASSAULT 

14 VICTIM ADVOCATES. 

15 (a) PRIVILEGE ESTABLISHED.— 

16 (1) IN GENERAL.—Chapter 53 of title 10, 

17 United States Code is amended by inserting after 

18 section 1034a the following new section: 

19 ‘‘§ 1034b. Privilege against disclosure of certain com20 munications with Sexual Assault Victim 

21 Advocates 

22 ‘‘A confidential communication between the victim of 

23 a sexual assault or other offense covered by section 920 

24 of this title (article 120 of the Uniform Code of Military 

25 Justice) and a Sexual Assault Victim Advocate assigned 


smartinez on DSKB9S0YB1PROD with BILLS
747 

HR 5136 PCS1S 

1 under section 1568 of this title, including a deployable 

2 Sexual Assault Victim Advocate, shall be treated in the 

3 same manner as a confidential communication between a 

4 patient and a psychiatrist for purposes of any privilege 

5 which may attach to such a communication.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by inserting after the item relating to section 1034a 

9 the following new item: 

‘‘1034b. Privilege against disclosure of certain communications with Sexual Assault Victim Advocates.’’. 

10 (b) APPLICABILITY.—Section 1034b of title 10, 

11 United States Code, as added by subsection (a), applies 

12 to communications described in such section whether made 

13 before, on, or after the date of the enactment of this Act. 

14 SEC. 1648. EXPEDITED CONSIDERATION AND PRIORITY FOR 

15 APPLICATION FOR CONSIDERATION OF A 

16 PERMANENT CHANGE OF STATION OR UNIT 

17 TRANSFER BASED ON HUMANITARIAN CONDI18 TIONS FOR VICTIM OF SEXUAL ASSAULT. 

19 (a) IN GENERAL.—Chapter 39 of title 10, United 

20 States Code, is amended by inserting after section 672 the 

21 following new section: 


smartinez on DSKB9S0YB1PROD with BILLS
748 

HR 5136 PCS1S 

1 ‘‘§ 673. Consideration of application for permanent 

2 change of station or unit transfer for 

3 members on active duty who are the vic4 tim of a sexual assault 

5 ‘‘(a) EXPEDITED CONSIDERATION AND PRIORITY

6 FOR APPROVAL.—To the maximum extent practicable, the 

7 Secretary concerned shall provide for the expedited consid8 eration and approval of an application for consideration 

9 of a permanent change of station or unit transfer sub10 mitted by a member of the armed forces serving on active 

11 duty who was a victim of a sexual assault or other offense 

12 covered by section 920 of this title (article 120) so as to 

13 reduce the possibility of retaliation against the member 

14 for reporting the sexual assault. 

15 ‘‘(b) REGULATIONS.—The Secretaries of the military 

16 departments shall issue regulations to carry out this sec17 tion, within guidelines provided by the Secretary of De18 fense.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by inserting 

21 after the item relating to section 672 the following new 

22 item: 

‘‘673. Consideration of application for permanent change of station or unit 

transfer for members on active duty who are the victim of a 

sexual assault.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
749 

HR 5136 PCS1S 

1 Subtitle D—Other Matters 

2 SEC. 1661. RECRUITER SELECTION AND OVERSIGHT. 

3 (a) SCREENING, TRAINING, AND OVERSIGHT OF RE4 CRUITERS.—The Secretaries of the military departments 

5 shall ensure effective recruiter selection and oversight with 

6 regard to sexual assault prevention and response by ensur7 ing that— 

8 (1) recruiters are screened and trained under 

9 the sexual assault prevention and response program; 

10 (2) sexual assault prevention and response pro11 gram information is disseminated to recruiters and 

12 potential recruits for the Armed Forces; and 

13 (3) oversight is in place to preclude the poten14 tial for sexual misconduct by recruiters. 

15 (b) IMPROVED AWARENESS OF RECRUITS.—Com16 manders of recruiting organizations and Military Entrance 

17 Processing Stations shall ensure that sexual assault pre18 vention and response awareness campaign materials are 

19 available and posted in locations visible to potential and 

20 actual recruits for the Armed Forces. 


smartinez on DSKB9S0YB1PROD with BILLS
750 

HR 5136 PCS1S 

1 SEC. 1662. AVAILABILITY OF SERVICES UNDER SEXUAL AS2 SAULT PREVENTION AND RESPONSE PRO3 GRAM FOR DEPENDENTS OF MEMBERS, MILI4 TARY RETIREES, DEPARTMENT OF DEFENSE 

5 CIVILIAN EMPLOYEES, AND DEFENSE CON6 TRACTOR EMPLOYEES. 

7 (a) NOTIFICATION OF EXTENT OF CURRENT SERV8 ICES.—Not later than 90 days after the date of the enact9 ment of this Act, the Secretary of Defense shall revise ma10 terials made available under the sexual assault prevention 

11 and response program to include information on the extent 

12 to which dependents of members of the Armed Forces, re13 tired members, Department of Defense civilian employees, 

14 and employees of defense contractors are eligible for sex15 ual assault prevention and response services under the 

16 sexual assault prevention and response program. 

17 (b) REPORT REQUIRED.—Not later than one year 

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

19 of Defense shall submit to the congressional defense com20 mittees a report on the feasibility of extending all sexual 

21 assault prevention and response services available for a 

22 member of the Armed Forces who is the victim of a sexual 

23 assault to persons referred to in subsection (a). 


smartinez on DSKB9S0YB1PROD with BILLS
751 

HR 5136 PCS1S 

1 SEC. 1663. APPLICATION OF SEXUAL ASSAULT PREVENTION 

2 AND RESPONSE PROGRAM IN TRAINING EN3 VIRONMENTS. 

4 The Secretaries of the military departments shall en5 sure that a member of the Armed Forces who is a victim 

6 of a sexual assault in a training environment is provided, 

7 to the maximum extent possible, with confidential access 

8 to victim support services and afforded time for recovery. 

9 The member should not be required to repeat training un10 less the time needed for support services and recovery sig11 nificantly interferes with the progress of the member’s 

12 training. 

13 SEC. 1664. APPLICATION OF SEXUAL ASSAULT PREVENTION 

14 AND RESPONSE PROGRAM IN REMOTE ENVI15 RONMENTS AND JOINT BASING SITUATIONS. 

16 (a) REMOTE AND DEPLOYED ENVIRONMENTS.—The 

17 Secretary of Defense and the combatant commanders shall 

18 ensure that the sexual assault prevention and response 

19 program continues to operate even in remote environments 

20 in which members of the Armed Forces are deployed, in21 cluding coalition operations. 

22 (b) JOINT BASING.—The Secretary of Defense shall 

23 monitor the implementation of the sexual assault preven24 tion and response program and military justice and juris25 diction issues at joint basing locations. Elements of the 

26 Armed Forces sharing a joint base location shall closely 


smartinez on DSKB9S0YB1PROD with BILLS
752 

HR 5136 PCS1S 

1 collaborate on sexual assault prevention and response 

2 issues to ensure consistency in approach and messages at 

3 the joint base location. 

4 TITLE XVII—FEDERAL 

5 INFORMATION SECURITY 

6 Subtitle A—Federal Information 

7 Security Amendments 

8 SEC. 1701. COORDINATION OF FEDERAL INFORMATION 

9 POLICY. 

10 Chapter 35 of title 44, United States Code, is amend11 ed by striking subchapters II and III and inserting the 

12 following: 

13 ‘‘SUBCHAPTER II—INFORMATION SECURITY 

14 ‘‘§ 3551. Purposes 

15 ‘‘The purposes of this subchapter are to— 

16 ‘‘(1) provide a comprehensive framework for en17 suring the effectiveness of information security con18 trols over information resources that support Fed19 eral operations and assets; 

20 ‘‘(2) recognize the highly networked nature of 

21 the current Federal computing environment and pro22 vide effective Governmentwide management and 

23 oversight of the related information security risks, 

24 including coordination of information security efforts 


smartinez on DSKB9S0YB1PROD with BILLS
753 

HR 5136 PCS1S 

1 throughout the civilian, national security, and law 

2 enforcement communities; 

3 ‘‘(3) provide for development and maintenance 

4 of minimum controls required to protect Federal in5 formation and information infrastructure; 

6 ‘‘(4) provide a mechanism for improved over7 sight of Federal agency information security pro8 grams; 

9 ‘‘(5) acknowledge that commercially developed 

10 information security products offer advanced, dy11 namic, robust, and effective information security so12 lutions, reflecting market solutions for the protection 

13 of critical information infrastructures important to 

14 the national defense and economic security of the 

15 Nation that are designed, built, and operated by the 

16 private sector; and 

17 ‘‘(6) recognize that the selection of specific 

18 technical hardware and software information secu19 rity solutions should be left to individual agencies 

20 from among commercially developed products. 

21 ‘‘§ 3552. Definitions 

22 ‘‘(a) SECTION 3502 DEFINITIONS.—Except as pro23 vided under subsection (b), the definitions under section 

24 3502 shall apply to this subchapter. 

25 ‘‘(b) ADDITIONAL DEFINITIONS.—In this subchapter: 


smartinez on DSKB9S0YB1PROD with BILLS
754 

HR 5136 PCS1S 

1 ‘‘(1) The term ‘adequate security’ means secu2 rity that complies with the regulations promulgated 

3 under section 3554 and the standards promulgated 

4 under section 3558. 

5 ‘‘(2) The term ‘incident’ means an occurrence 

6 that actually or potentially jeopardizes the confiden7 tiality, integrity, or availability of an information 

8 system, information infrastructure, or the informa9 tion the system processes, stores, or transmits or 

10 that constitutes a violation or imminent threat of 

11 violation of security policies, security procedures, or 

12 acceptable use policies. 

13 ‘‘(3) The term ‘information infrastructure’ 

14 means the underlying framework that information 

15 systems and assets rely on in processing, storing, or 

16 transmitting information electronically. 

17 ‘‘(4) The term ‘information security’ means 

18 protecting information and information infrastruc19 ture from unauthorized access, use, disclosure, dis20 ruption, modification, or destruction in order to pro21 vide— 

22 ‘‘(A) integrity, which means guarding 

23 against improper information modification or 

24 destruction, and includes ensuring information 

25 nonrepudiation and authenticity; 


smartinez on DSKB9S0YB1PROD with BILLS
755 

HR 5136 PCS1S 

1 ‘‘(B) confidentiality, which means pre2 serving authorized restrictions on access and 

3 disclosure, including means for protecting per4 sonal privacy and proprietary information; 

5 ‘‘(C) availability, which means ensuring 

6 timely and reliable access to and use of infor7 mation; and 

8 ‘‘(D) authentication, which means using 

9 digital credentials to assure the identity of 

10 users and validate access of such users. 

11 ‘‘(5) The term ‘information technology’ has the 

12 meaning given that term in section 11101 of title 

13 40. 

14 ‘‘(6)(A) The term ‘national security system’ 

15 means any information infrastructure (including any 

16 telecommunications system) used or operated by an 

17 agency or by a contractor of an agency, or other or18 ganization on behalf of an agency— 

19 ‘‘(i) the function, operation, or use of 

20 which— 

21 ‘‘(I) involves intelligence activities; 

22 ‘‘(II) involves cryptologic activities re23 lated to national security; 

24 ‘‘(III) involves command and control 

25 of military forces; 


smartinez on DSKB9S0YB1PROD with BILLS
756 

HR 5136 PCS1S 

1 ‘‘(IV) involves equipment that is an 

2 integral part of a weapon or weapons sys3 tem; or 

4 ‘‘(V) subject to subparagraph (B), is 

5 critical to the direct fulfillment of military 

6 or intelligence missions; or 

7 ‘‘(ii) is protected at all times by procedures 

8 established for information that have been spe9 cifically authorized under criteria established by 

10 an Executive order or an Act of Congress to be 

11 kept classified in the interest of national de12 fense or foreign policy. 

13 ‘‘(B) Subparagraph (A)(i)(V) does not include a 

14 system that is to be used for routine administrative 

15 and business applications (including payroll, finance, 

16 logistics, and personnel management applications). 

17 ‘‘§ 3553. National Office for Cyberspace 

18 ‘‘(a) ESTABLISHMENT.—There is established within 

19 the Executive Office of the President an office to be known 

20 as the National Office for Cyberspace. 

21 ‘‘(b) DIRECTOR.— 

22 ‘‘(1) IN GENERAL.—There shall be at the head 

23 of the Office a Director, who shall be appointed by 

24 the President by and with the advice and consent of 

25 the Senate. The Director of the National Office for 


smartinez on DSKB9S0YB1PROD with BILLS
757 

HR 5136 PCS1S 

1 Cyberspace shall administer all functions under this 

2 subchapter and collaborate to the extent practicable 

3 with the heads of appropriate agencies, the private 

4 sector, and international partners. The Office shall 

5 serve as the principal office for coordinating issues 

6 relating to achieving an assured, reliable, secure, 

7 and survivable information infrastructure and re8 lated capabilities for the Federal Government. 

9 ‘‘(2) BASIC PAY.—The Director shall be paid at 

10 the rate of basic pay for level III of the Executive 

11 Schedule. 

12 ‘‘(c) STAFF.—The Director may appoint and fix the 

13 pay of additional personnel as the Director considers ap14 propriate. 

15 ‘‘(d) EXPERTS AND CONSULTANTS.—The Director 

16 may procure temporary and intermittent services under 

17 section 3109(b) of title 5. 

18 ‘‘§ 3554. Federal Cybersecurity Practice Board 

19 ‘‘(a) ESTABLISHMENT.—Within the National Office 

20 for Cyberspace, there shall be established a board to be 

21 known as the ‘Federal Cybersecurity Practice Board’ (in 

22 this section referred to as the ‘Board’). 

23 ‘‘(b) MEMBERS.—The Board shall be chaired by the 

24 Director of the National Office for Cyberspace and consist 


smartinez on DSKB9S0YB1PROD with BILLS
758 

HR 5136 PCS1S 

1 of not more than 10 members, with at least one represent2 ative from— 

3 ‘‘(1) the Office of Management and Budget; 

4 ‘‘(2) civilian agencies; 

5 ‘‘(3) the Department of Defense; 

6 ‘‘(4) the Federal law enforcement community; 

7 ‘‘(5) the Federal Chief Technology Office; and 

8 ‘‘(6) such additional military and civilian agen9 cies as the Director considers appropriate. 

10 ‘‘(c) RESPONSIBILITIES.— 

11 ‘‘(1) DEVELOPMENT OF POLICIES AND PROCE12 DURES.—Subject to the authority, direction, and 

13 control of the Director of the National Office for 

14 Cyberspace, the Board shall be responsible for devel15 oping and periodically updating information security 

16 policies and procedures relating to the matters de17 scribed in paragraph (2). In developing such policies 

18 and procedures, the Board shall require that all 

19 matters addressed in the policies and procedures are 

20 consistent, to the maximum extent practicable and 

21 in accordance with applicable law, among the civil22 ian, military, intelligence, and law enforcement com23 munities. 

24 ‘‘(2) SPECIFIC MATTERS COVERED IN POLICIES

25 AND PROCEDURES.— 


smartinez on DSKB9S0YB1PROD with BILLS
759 

HR 5136 PCS1S 

1 ‘‘(A) MINIMUM SECURITY CONTROLS.— 

2 The Board shall be responsible for developing 

3 and periodically updating information security 

4 policies and procedures relating to minimum se5 curity controls for information technology, in 

6 order to— 

7 ‘‘(i) provide Governmentwide protec8 tion of Government-networked computers 

9 against common attacks; and 

10 ‘‘(ii) provide agencywide protection 

11 against threats, vulnerabilities, and other 

12 risks to the information infrastructure 

13 within individual agencies. 

14 ‘‘(B) MEASURES OF EFFECTIVENESS.— 

15 The Board shall be responsible for developing 

16 and periodically updating information security 

17 policies and procedures relating to measure18 ments needed to assess the effectiveness of the 

19 minimum security controls referred to in sub20 paragraph (A). Such measurements shall in21 clude a risk scoring system to evaluate risk to 

22 information security both Governmentwide and 

23 within contractors of the Federal Government. 

24 ‘‘(C) PRODUCTS AND SERVICES.—The 

25 Board shall be responsible for developing and 


smartinez on DSKB9S0YB1PROD with BILLS
760 

HR 5136 PCS1S 

1 periodically updating information security poli2 cies, procedures, and minimum security stand3 ards relating to criteria for products and serv4 ices to be used in agency information systems 

5 and information infrastructure that will meet 

6 the minimum security controls referred to in 

7 subparagraph (A). In carrying out this subpara8 graph, the Board shall act in consultation with 

9 the Office of Management and Budget and the 

10 General Services Administration. 

11 ‘‘(D) REMEDIES.—The Board shall be re12 sponsible for developing and periodically updat13 ing information security policies and procedures 

14 relating to methods for providing remedies for 

15 security deficiencies identified in agency infor16 mation infrastructure. 

17 ‘‘(3) ADDITIONAL CONSIDERATIONS.—The 

18 Board shall also consider— 

19 ‘‘(A) opportunities to engage with the 

20 international community to set policies, prin21 ciples, training, standards, or guidelines for in22 formation security; 

23 ‘‘(B) opportunities to work with agencies 

24 and industry partners to increase information 

25 sharing and policy coordination efforts in order 


smartinez on DSKB9S0YB1PROD with BILLS
761 

HR 5136 PCS1S 

1 to reduce vulnerabilities in the national infor2 mation infrastructure; and 

3 ‘‘(C) options necessary to encourage and 

4 maintain accountability of any agency, or senior 

5 agency official, for efforts to secure the infor6 mation infrastructure of such agency. 

7 ‘‘(4) RELATIONSHIP TO OTHER STANDARDS.— 

8 The policies and procedures developed under para9 graph (1) are supplemental to the standards promul10 gated by the Director of the National Office for 

11 Cyberspace under section 3558. 

12 ‘‘(5) RECOMMENDATIONS FOR REGULATIONS.— 

13 The Board shall be responsible for making rec14 ommendations to the Director of the National Office 

15 for Cyberspace on regulations to carry out the poli16 cies and procedures developed by the Board under 

17 paragraph (1). 

18 ‘‘(d) REGULATIONS.—The Director of the National 

19 Office for Cyberspace, in consultation with the Director 

20 of the Office of Management and the Administrator of 

21 General Services, shall promulgate and periodically update 

22 regulations to carry out the policies and procedures devel23 oped by the Board under subsection (c). 

24 ‘‘(e) ANNUAL REPORT.—The Director of the Na25 tional Office for Cyberspace shall provide to Congress a 


smartinez on DSKB9S0YB1PROD with BILLS
762 

HR 5136 PCS1S 

1 report containing a summary of agency progress in imple2 menting the regulations promulgated under this section as 

3 part of the annual report to Congress required under sec4 tion 3555(a)(8). 

5 ‘‘(f) NO DISCLOSURE BY BOARD REQUIRED.—The 

6 Board is not required to disclose under section 552 of title 

7 5 information submitted by agencies to the Board regard8 ing threats, vulnerabilities, and risks. 

9 ‘‘§ 3555. Authority and functions of the Director of 

10 the National Office for Cyberspace 

11 ‘‘(a) IN GENERAL.—The Director of the National Of12 fice for Cyberspace shall oversee agency information secu13 rity policies and practices, including— 

14 ‘‘(1) developing and overseeing the implementa15 tion of policies, principles, standards, and guidelines 

16 on information security, including through ensuring 

17 timely agency adoption of and compliance with 

18 standards promulgated under section 3558; 

19 ‘‘(2) requiring agencies, consistent with the 

20 standards promulgated under section 3558 and 

21 other requirements of this subchapter, to identify 

22 and provide information security protections com23 mensurate with the risk and magnitude of the harm 

24 resulting from the unauthorized access, use, disclo25 sure, disruption, modification, or destruction of— 


smartinez on DSKB9S0YB1PROD with BILLS
763 

HR 5136 PCS1S 

1 ‘‘(A) information collected or maintained 

2 by or on behalf of an agency; or 

3 ‘‘(B) information infrastructure used or 

4 operated by an agency or by a contractor of an 

5 agency or other organization on behalf of an 

6 agency; 

7 ‘‘(3) coordinating the development of standards 

8 and guidelines under section 20 of the National In9 stitute of Standards and Technology Act (15 U.S.C. 

10 278g–3) with agencies and offices operating or exer11 cising control of national security systems (including 

12 the National Security Agency) to assure, to the max13 imum extent feasible, that such standards and 

14 guidelines are complementary with standards and 

15 guidelines developed for national security systems; 

16 ‘‘(4) overseeing agency compliance with the re17 quirements of this subchapter, including through 

18 any authorized action under section 11303 of title 

19 40, to enforce accountability for compliance with 

20 such requirements; 

21 ‘‘(5) reviewing at least annually, and approving 

22 or disapproving, agency information security pro23 grams required under section 3556(b); 


smartinez on DSKB9S0YB1PROD with BILLS
764 

HR 5136 PCS1S 

1 ‘‘(6) coordinating information security policies 

2 and procedures with related information resources 

3 management policies and procedures; 

4 ‘‘(7) overseeing the operation of the Federal in5 formation security incident center required under 

6 section 3559; 

7 ‘‘(8) reporting to Congress no later than March 

8 1 of each year on agency compliance with the re9 quirements of this subchapter, including— 

10 ‘‘(A) a summary of the findings of audits 

11 required by section 3557; 

12 ‘‘(B) an assessment of the development, 

13 promulgation, and adoption of, and compliance 

14 with, standards developed under section 20 of 

15 the National Institute of Standards and Tech16 nology Act (15 U.S.C. 278g–3) and promul17 gated under section 3558; 

18 ‘‘(C) significant deficiencies in agency in19 formation security practices; 

20 ‘‘(D) planned remedial action to address 

21 such deficiencies; and 

22 ‘‘(E) a summary of, and the views of the 

23 Director of the National Office for Cyberspace 

24 on, the report prepared by the National Insti25 tute of Standards and Technology under section 


smartinez on DSKB9S0YB1PROD with BILLS
765 

HR 5136 PCS1S 

1 20(d)(10) of the National Institute of Stand2 ards and Technology Act (15 U.S.C. 278g–3); 

3 ‘‘(9) coordinating the defense of information in4 frastructure operated by agencies in the case of a 

5 large-scale attack on information infrastructure, as 

6 determined by the Director; 

7 ‘‘(10) establishing a national strategy, in con8 sultation with the Department of State, the United 

9 States Trade Representative, and the National Insti10 tute of Standards and Technology, to engage with 

11 the international community to set the policies, prin12 ciples, standards, or guidelines for information secu13 rity; and 

14 ‘‘(11) coordinating information security training 

15 for Federal employees with the Office of Personnel 

16 Management. 

17 ‘‘(b) NATIONAL SECURITY SYSTEMS.—Except for the 

18 authorities described in paragraphs (4) and (8) of sub19 section (a), the authorities of the Director of the National 

20 Office for Cyberspace under this section shall not apply 

21 to national security systems. 

22 ‘‘(c) DEPARTMENT OF DEFENSE AND CENTRAL IN23 TELLIGENCE AGENCY SYSTEMS.—(1) The authorities of 

24 the Director of the National Office for Cyberspace de25 scribed in paragraphs (1) and (2) of subsection (a) shall 


smartinez on DSKB9S0YB1PROD with BILLS
766 

HR 5136 PCS1S 

1 be delegated to the Secretary of Defense in the case of 

2 systems described in paragraph (2) and to the Director 

3 of Central Intelligence in the case of systems described 

4 in paragraph (3). 

5 ‘‘(2) The systems described in this paragraph are sys6 tems that are operated by the Department of Defense, a 

7 contractor of the Department of Defense, or another enti8 ty on behalf of the Department of Defense that processes 

9 any information the unauthorized access, use, disclosure, 

10 disruption, modification, or destruction of which would 

11 have a debilitating impact on the mission of the Depart12 ment of Defense. 

13 ‘‘(3) The systems described in this paragraph are sys14 tems that are operated by the Central Intelligence Agency, 

15 a contractor of the Central Intelligence Agency, or another 

16 entity on behalf of the Central Intelligence Agency that 

17 processes any information the unauthorized access, use, 

18 disclosure, disruption, modification, or destruction of 

19 which would have a debilitating impact on the mission of 

20 the Central Intelligence Agency. 

21 ‘‘(d) BUDGET OVERSIGHT AND REPORTING.—(1) 

22 The head of each agency shall submit to the Director of 

23 the National Office for Cyberspace a budget each year for 

24 the following fiscal year relating to the protection of infor25 mation infrastructure for such agency, by a date deterVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
767 

HR 5136 PCS1S 

1 mined by the Director that is before the submission of 

2 such budget by the head of the agency to the Office of 

3 Management and Budget. 

4 ‘‘(2) The Director shall review and offer a non-bind5 ing approval or disapproval of each agency’s annual budg6 et to each agency before the submission of such budget 

7 by the head of the agency to the Office of Management 

8 and Budget. 

9 ‘‘(3) If the Director offers a non-binding disapproval 

10 of an agency’s budget, the Director shall transmit rec11 ommendations to the head of such agency for strength12 ening its proposed budget with regard to the protection 

13 of such agency’s information infrastructure. 

14 ‘‘(4) Each budget submitted by the head of an agency 

15 pursuant to paragraph (1) shall include— 

16 ‘‘(A) a review of any threats to information 

17 technology for such agency; 

18 ‘‘(B) a plan to secure the information infra19 structure for such agency based on threats to infor20 mation technology, using the National Institute of 

21 Standards and Technology guidelines and rec22 ommendations; 

23 ‘‘(C) a review of compliance by such agency 

24 with any previous year plan described in subpara25 graph (B); and 


smartinez on DSKB9S0YB1PROD with BILLS
768 

HR 5136 PCS1S 

1 ‘‘(D) a report on the development of the 

2 credentialing process to enable secure authentication 

3 of identity and authorization for access to the infor4 mation infrastructure of such agency. 

5 ‘‘(5) The Director of the National Office for Cyber6 space may recommend to the President monetary penalties 

7 or incentives necessary to encourage and maintain ac8 countability of any agency, or senior agency official, for 

9 efforts to secure the information infrastructure of such 

10 agency. 

11 ‘‘§ 3556. Agency responsibilities 

12 ‘‘(a) IN GENERAL.—The head of each agency shall— 

13 ‘‘(1) be responsible for— 

14 ‘‘(A) providing information security protec15 tions commensurate with the risk and mag16 nitude of the harm resulting from unauthorized 

17 access, use, disclosure, disruption, modification, 

18 or destruction of— 

19 ‘‘(i) information collected or main20 tained by or on behalf of the agency; and 

21 ‘‘(ii) information infrastructure used 

22 or operated by an agency or by a con23 tractor of an agency or other organization 

24 on behalf of an agency; 


smartinez on DSKB9S0YB1PROD with BILLS
769 

HR 5136 PCS1S 

1 ‘‘(B) complying with the requirements of 

2 this subchapter and related policies, procedures, 

3 standards, and guidelines, including— 

4 ‘‘(i) the regulations promulgated 

5 under section 3554 and the information se6 curity standards promulgated under sec7 tion 3558; 

8 ‘‘(ii) information security standards 

9 and guidelines for national security sys10 tems issued in accordance with law and as 

11 directed by the President; and 

12 ‘‘(iii) ensuring the standards imple13 mented for information infrastructure and 

14 national security systems under the agency 

15 head are complementary and uniform, to 

16 the extent practicable; and 

17 ‘‘(C) ensuring that information security 

18 management processes are integrated with 

19 agency strategic and operational planning proc20 esses; 

21 ‘‘(2) ensure that senior agency officials provide 

22 information security for the information and infor23 mation infrastructure that support the operations 

24 and assets under their control, including through— 


smartinez on DSKB9S0YB1PROD with BILLS
770 

HR 5136 PCS1S 

1 ‘‘(A) assessing the risk and magnitude of 

2 the harm that could result from the unauthor3 ized access, use, disclosure, disruption, modi4 fication, or destruction of such information or 

5 information infrastructure; 

6 ‘‘(B) determining the levels of information 

7 security appropriate to protect such information 

8 and information infrastructure in accordance 

9 with regulations promulgated under section 

10 3554 and standards promulgated under section 

11 3558, for information security classifications 

12 and related requirements; 

13 ‘‘(C) implementing policies and procedures 

14 to cost effectively reduce risks to an acceptable 

15 level; and 

16 ‘‘(D) continuously testing and evaluating 

17 information security controls and techniques to 

18 ensure that they are effectively implemented; 

19 ‘‘(3) delegate to an agency official, designated 

20 as the ‘Chief Information Security Officer’, under 

21 the authority of the agency Chief Information Offi22 cer the responsibility to oversee agency information 

23 security and the authority to ensure and enforce 

24 compliance with the requirements imposed on the 

25 agency under this subchapter, including— 


smartinez on DSKB9S0YB1PROD with BILLS
771 

HR 5136 PCS1S 

1 ‘‘(A) overseeing the establishment and 

2 maintenance of a security operations capability 

3 on an automated and continuous basis that 

4 can— 

5 ‘‘(i) assess the state of compliance of 

6 all networks and systems with prescribed 

7 controls issued pursuant to section 3558 

8 and report immediately any variance there9 from and, where appropriate and with the 

10 approval of the agency Chief Information 

11 Officer, shut down systems that are found 

12 to be non-compliant; 

13 ‘‘(ii) detect, report, respond to, con14 tain, and mitigate incidents that impair 

15 adequate security of the information and 

16 information infrastructure, in accordance 

17 with policy provided by the Director of the 

18 National Office for Cyberspace, in con19 sultation with the Chief Information Offi20 cers Council, and guidance from the Na21 tional Institute of Standards and Tech22 nology; 

23 ‘‘(iii) collaborate with the National 

24 Office for Cyberspace and appropriate pub25 lic and private sector security operations 


smartinez on DSKB9S0YB1PROD with BILLS
772 

HR 5136 PCS1S 

1 centers to address incidents that impact 

2 the security of information and informa3 tion infrastructure that extend beyond the 

4 control of the agency; and 

5 ‘‘(iv) not later than 24 hours after 

6 discovery of any incident described under 

7 subparagraph (A)(ii), unless otherwise di8 rected by policy of the National Office for 

9 Cyberspace, provide notice to the appro10 priate security operations center, the Na11 tional Cyber Investigative Joint Task 

12 Force, and the Inspector General of the 

13 agency; 

14 ‘‘(B) developing, maintaining, and over15 seeing an agency wide information security pro16 gram as required by subsection (b); 

17 ‘‘(C) developing, maintaining, and over18 seeing information security policies, procedures, 

19 and control techniques to address all applicable 

20 requirements, including those issued under sec21 tions 3555 and 3558; 

22 ‘‘(D) training and overseeing personnel 

23 with significant responsibilities for information 

24 security with respect to such responsibilities; 

25 and 


smartinez on DSKB9S0YB1PROD with BILLS
773 

HR 5136 PCS1S 

1 ‘‘(E) assisting senior agency officials con2 cerning their responsibilities under paragraph 

3 (2); 

4 ‘‘(4) ensure that the agency has trained and 

5 cleared personnel sufficient to assist the agency in 

6 complying with the requirements of this subchapter 

7 and related policies, procedures, standards, and 

8 guidelines; 

9 ‘‘(5) ensure that the Chief Information Security 

10 Officer, in coordination with other senior agency of11 ficials, reports biannually to the agency head on the 

12 effectiveness of the agency information security pro13 gram, including progress of remedial actions; and 

14 ‘‘(6) ensure that the Chief Information Security 

15 Officer possesses necessary qualifications, including 

16 education, professional certifications, training, expe17 rience, and the security clearance required to admin18 ister the functions described under this subchapter; 

19 and has information security duties as the primary 

20 duty of that official. 

21 ‘‘(b) AGENCY PROGRAM.—Each agency shall develop, 

22 document, and implement an agencywide information se23 curity program, approved by the Director of the National 

24 Office for Cyberspace under section 3555(a)(5), to provide 

25 information security for the information and information 


smartinez on DSKB9S0YB1PROD with BILLS
774 

HR 5136 PCS1S 

1 infrastructure that support the operations and assets of 

2 the agency, including those provided or managed by an3 other agency, contractor, or other source, that includes— 

4 ‘‘(1) continuous automated technical monitoring 

5 of information infrastructure used or operated by an 

6 agency or by a contractor of an agency or other or7 ganization on behalf of an agency to assure conform8 ance with regulations promulgated under section 

9 3554 and standards promulgated under section 

10 3558; 

11 ‘‘(2) testing of the effectiveness of security con12 trols that are commensurate with risk (as defined by 

13 the National Institute of Standards and Technology 

14 and the National Office for Cyberspace) for agency 

15 information infrastructure; 

16 ‘‘(3) policies and procedures that— 

17 ‘‘(A) mitigate and remediate, to the extent 

18 practicable, information security vulnerabilities 

19 based on the risk posed to the agency; 

20 ‘‘(B) cost effectively reduce information se21 curity risks to an acceptable level; 

22 ‘‘(C) ensure that information security is 

23 addressed throughout the life cycle of each 

24 agency information system and information in25 frastructure; 


smartinez on DSKB9S0YB1PROD with BILLS
775 

HR 5136 PCS1S 

1 ‘‘(D) ensure compliance with— 

2 ‘‘(i) the requirements of this sub3 chapter; 

4 ‘‘(ii) policies and procedures as may 

5 be prescribed by the Director of the Na6 tional Office for Cyberspace, and informa7 tion security standards promulgated under 

8 section 3558; 

9 ‘‘(iii) minimally acceptable system 

10 configuration requirements, as determined 

11 by the Director of the National Office for 

12 Cyberspace; and 

13 ‘‘(iv) any other applicable require14 ments, including— 

15 ‘‘(I) standards and guidelines for 

16 national security systems issued in ac17 cordance with law and as directed by 

18 the President; 

19 ‘‘(II) the policy of the Director of 

20 the National Office for Cyberspace; 

21 ‘‘(III) the National Institute of 

22 Standards and Technology guidance; 

23 and 


smartinez on DSKB9S0YB1PROD with BILLS
776 

HR 5136 PCS1S 

1 ‘‘(IV) the Chief Information Offi2 cers Council recommended ap3 proaches; 

4 ‘‘(E) develop, maintain, and oversee infor5 mation security policies, procedures, and control 

6 techniques to address all applicable require7 ments, including those issued under sections 

8 3555 and 3558; and 

9 ‘‘(F) ensure the oversight and training of 

10 personnel with significant responsibilities for in11 formation security with respect to such respon12 sibilities; 

13 ‘‘(4) ensuring that the agency has trained and 

14 cleared personnel sufficient to assist the agency in 

15 complying with the requirements of this subchapter 

16 and related policies, procedures, standards, and 

17 guidelines; 

18 ‘‘(5) to the extent practicable, automated and 

19 continuous technical monitoring for testing, and 

20 evaluation of the effectiveness and compliance of in21 formation security policies, procedures, and prac22 tices, including— 

23 ‘‘(A) management, operational, and tech24 nical controls of every information infrastrucVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
777 

HR 5136 PCS1S 

1 ture identified in the inventory required under 

2 section 3505(b); and 

3 ‘‘(B) management, operational, and tech4 nical controls relied on for an evaluation under 

5 section 3556; 

6 ‘‘(6) a process for planning, implementing, eval7 uating, and documenting remedial action to address 

8 any deficiencies in the information security policies, 

9 procedures, and practices of the agency; 

10 ‘‘(7) to the extent practicable, continuous auto11 mated technical monitoring for detecting, reporting, 

12 and responding to security incidents, consistent with 

13 standards and guidelines issued by the Director of 

14 the National Office for Cyberspace, including— 

15 ‘‘(A) mitigating risks associated with such 

16 incidents before substantial damage is done; 

17 ‘‘(B) notifying and consulting with the ap18 propriate security operations response center; 

19 and 

20 ‘‘(C) notifying and consulting with, as ap21 propriate— 

22 ‘‘(i) law enforcement agencies and rel23 evant Offices of Inspectors General; 

24 ‘‘(ii) the National Office for Cyber25 space; and 


smartinez on DSKB9S0YB1PROD with BILLS
778 

HR 5136 PCS1S 

1 ‘‘(iii) any other agency or office, in ac2 cordance with law or as directed by the 

3 President; and 

4 ‘‘(8) plans and procedures to ensure continuity 

5 of operations for information infrastructure that 

6 support the operations and assets of the agency. 

7 ‘‘(c) AGENCY REPORTING.—Each agency shall— 

8 ‘‘(1) submit an annual report on the adequacy 

9 and effectiveness of information security policies, 

10 procedures, and practices, and compliance with the 

11 requirements of this subchapter, including compli12 ance with each requirement of subsection (b) to— 

13 ‘‘(A) the National Office for Cyberspace; 

14 ‘‘(B) the Committee on Homeland Security 

15 and Governmental Affairs of the Senate; 

16 ‘‘(C) the Committee on Oversight and Gov17 ernment Reform of the House of Representa18 tives; 

19 ‘‘(D) other appropriate authorization and 

20 appropriations committees of Congress; and 

21 ‘‘(E) the Comptroller General; 

22 ‘‘(2) address the adequacy and effectiveness of 

23 information security policies, procedures, and prac24 tices in plans and reports relating to— 

25 ‘‘(A) annual agency budgets; 


smartinez on DSKB9S0YB1PROD with BILLS
779 

HR 5136 PCS1S 

1 ‘‘(B) information resources management of 

2 this subchapter; 

3 ‘‘(C) information technology management 

4 under this chapter; 

5 ‘‘(D) program performance under sections 

6 1105 and 1115 through 1119 of title 31, and 

7 sections 2801 and 2805 of title 39; 

8 ‘‘(E) financial management under chapter 

9 9 of title 31, and the Chief Financial Officers 

10 Act of 1990 (31 U.S.C. 501 note; Public Law 

11 101–576) (and the amendments made by that 

12 Act); 

13 ‘‘(F) financial management systems under 

14 the Federal Financial Management Improve15 ment Act (31 U.S.C. 3512 note); and 

16 ‘‘(G) internal accounting and administra17 tive controls under section 3512 of title 31; and 

18 ‘‘(3) report any significant deficiency in a pol19 icy, procedure, or practice identified under para20 graph (1) or (2)— 

21 ‘‘(A) as a material weakness in reporting 

22 under section 3512 of title 31; and 

23 ‘‘(B) if relating to financial management 

24 systems, as an instance of a lack of substantial 

25 compliance under the Federal Financial ManVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00779 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
780 

HR 5136 PCS1S 

1 agement Improvement Act (31 U.S.C. 3512 

2 note). 

3 ‘‘(d) PERFORMANCE PLAN.—(1) In addition to the 

4 requirements of subsection (c), each agency, in consulta5 tion with the National Office for Cyberspace, shall include 

6 as part of the performance plan required under section 

7 1115 of title 31 a description of the resources, including 

8 budget, staffing, and training, that are necessary to imple9 ment the program required under subsection (b). 

10 ‘‘(2) The description under paragraph (1) shall be 

11 based on the risk assessments required under subsection 

12 (a)(2). 

13 ‘‘(e) PUBLIC NOTICE AND COMMENT.—Each agency 

14 shall provide the public with timely notice and opportuni15 ties for comment on proposed information security policies 

16 and procedures to the extent that such policies and proce17 dures affect communication with the public. 

18 ‘‘§ 3557. Annual independent audit 

19 ‘‘(a) IN GENERAL.—(1) Each year each agency shall 

20 have performed an independent audit of the information 

21 security program and practices of that agency to deter22 mine the effectiveness of such program and practices. 

23 ‘‘(2) Each audit under this section shall include— 

24 ‘‘(A) testing of the effectiveness of the informa25 tion infrastructure of the agency for automated, conVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
781 

HR 5136 PCS1S 

1 tinuous monitoring of the state of compliance of its 

2 information infrastructure with regulations promul3 gated under section 3554 and standards promul4 gated under section 3558 in a representative subset 

5 of— 

6 ‘‘(i) the information infrastructure used or 

7 operated by the agency; and 

8 ‘‘(ii) the information infrastructure used, 

9 operated, or supported on behalf of the agency 

10 by a contractor of the agency, a subcontractor 

11 (at any tier) of such contractor, or any other 

12 entity; 

13 ‘‘(B) an assessment (made on the basis of the 

14 results of the testing) of compliance with— 

15 ‘‘(i) the requirements of this subchapter; 

16 and 

17 ‘‘(ii) related information security policies, 

18 procedures, standards, and guidelines; 

19 ‘‘(C) separate assessments, as appropriate, re20 garding information security relating to national se21 curity systems; and 

22 ‘‘(D) a conclusion regarding whether the infor23 mation security controls of the agency are effective, 

24 including an identification of any significant defi25 ciencies in such controls. 


smartinez on DSKB9S0YB1PROD with BILLS
782 

HR 5136 PCS1S 

1 ‘‘(3) Each audit under this section shall be performed 

2 in accordance with applicable generally accepted Govern3 ment auditing standards. 

4 ‘‘(b) INDEPENDENT AUDITOR.—Subject to sub5 section (c)— 

6 ‘‘(1) for each agency with an Inspector General 

7 appointed under the Inspector General Act of 1978 

8 or any other law, the annual audit required by this 

9 section shall be performed by the Inspector General 

10 or by an independent external auditor, as deter11 mined by the Inspector General of the agency; and 

12 ‘‘(2) for each agency to which paragraph (1) 

13 does not apply, the head of the agency shall engage 

14 an independent external auditor to perform the 

15 audit. 

16 ‘‘(c) NATIONAL SECURITY SYSTEMS.—For each 

17 agency operating or exercising control of a national secu18 rity system, that portion of the audit required by this sec19 tion directly relating to a national security system shall 

20 be performed— 

21 ‘‘(1) only by an entity designated head; and 

22 ‘‘(2) in such a manner as to ensure appropriate 

23 protection for information associated with any infor24 mation security vulnerability in such system comVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
783 

HR 5136 PCS1S 

1 mensurate with the risk and in accordance with all 

2 applicable laws. 

3 ‘‘(d) EXISTING AUDITS.—The audit required by this 

4 section may be based in whole or in part on another audit 

5 relating to programs or practices of the applicable agency. 

6 ‘‘(e) AGENCY REPORTING.—(1) Each year, not later 

7 than such date established by the Director of the National 

8 Office for Cyberspace, the head of each agency shall sub9 mit to the Director the results of the audit required under 

10 this section. 

11 ‘‘(2) To the extent an audit required under this sec12 tion directly relates to a national security system, the re13 sults of the audit submitted to the Director of the Na14 tional Office for Cyberspace shall contain only a summary 

15 and assessment of that portion of the audit directly relat16 ing to a national security system. 

17 ‘‘(f) PROTECTION OF INFORMATION.—Agencies and 

18 auditors shall take appropriate steps to ensure the protec19 tion of information which, if disclosed, may adversely af20 fect information security. Such protections shall be com21 mensurate with the risk and comply with all applicable 

22 laws and regulations. 

23 ‘‘(g) NATIONAL OFFICE FOR CYBERSPACE REPORTS

24 TO CONGRESS.—(1) The Director of the National Office 

25 for Cyberspace shall summarize the results of the audits 


smartinez on DSKB9S0YB1PROD with BILLS
784 

HR 5136 PCS1S 

1 conducted under this section in the annual report to Con2 gress required under section 3555(a)(8). 

3 ‘‘(2) The Director’s report to Congress under this 

4 subsection shall summarize information regarding infor5 mation security relating to national security systems in 

6 such a manner as to ensure appropriate protection for in7 formation associated with any information security vulner8 ability in such system commensurate with the risk and in 

9 accordance with all applicable laws. 

10 ‘‘(3) Audits and any other descriptions of information 

11 infrastructure under the authority and control of the Di12 rector of Central Intelligence or of National Foreign Intel13 ligence Programs systems under the authority and control 

14 of the Secretary of Defense shall be made available to Con15 gress only through the appropriate oversight committees 

16 of Congress, in accordance with applicable laws. 

17 ‘‘(h) COMPTROLLER GENERAL.—The Comptroller 

18 General shall periodically evaluate and report to Congress 

19 on— 

20 ‘‘(1) the adequacy and effectiveness of agency 

21 information security policies and practices; and 

22 ‘‘(2) implementation of the requirements of this 

23 subchapter. 

24 ‘‘(i) CONTRACTOR AUDITS.—Each year each con25 tractor that operates, uses, or supports an information 


smartinez on DSKB9S0YB1PROD with BILLS
785 

HR 5136 PCS1S 

1 system or information infrastructure on behalf of an agen2 cy and each subcontractor of such contractor— 

3 ‘‘(1) shall conduct an audit using an inde4 pendent external auditor in accordance with sub5 section (a), including an assessment of compliance 

6 with the applicable requirements of this subchapter; 

7 and 

8 ‘‘(2) shall submit the results of such audit to 

9 such agency not later than such date established by 

10 the Agency. 

11 ‘‘§ 3558. Responsibilities for Federal information sys12 tems standards 

13 ‘‘(a) REQUIREMENT TO PRESCRIBE STANDARDS.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) REQUIREMENT.—Except as provided 

16 under paragraph (2), the Secretary of Com17 merce shall, on the basis of proposed standards 

18 developed by the National Institute of Stand19 ards and Technology pursuant to paragraphs 

20 (2) and (3) of section 20(a) of the National In21 stitute of Standards and Technology Act (15 

22 U.S.C. 278g–3(a)) and in consultation with the 

23 Secretary of Homeland Security, promulgate in24 formation security standards pertaining to Fed25 eral information systems. 


smartinez on DSKB9S0YB1PROD with BILLS
786 

HR 5136 PCS1S 

1 ‘‘(B) REQUIRED STANDARDS.—Standards 

2 promulgated under subparagraph (A) shall in3 clude— 

4 ‘‘(i) standards that provide minimum 

5 information security requirements as deter6 mined under section 20(b) of the National 

7 Institute of Standards and Technology Act 

8 (15 U.S.C. 278g–3(b)); and 

9 ‘‘(ii) such standards that are other10 wise necessary to improve the efficiency of 

11 operation or security of Federal informa12 tion systems. 

13 ‘‘(C) REQUIRED STANDARDS BINDING.— 

14 Information security standards described under 

15 subparagraph (B) shall be compulsory and 

16 binding. 

17 ‘‘(2) STANDARDS AND GUIDELINES FOR NA18 TIONAL SECURITY SYSTEMS.—Standards and guide19 lines for national security systems, as defined under 

20 section 3552(b), shall be developed, promulgated, en21 forced, and overseen as otherwise authorized by law 

22 and as directed by the President. 

23 ‘‘(b) APPLICATION OF MORE STRINGENT STAND24 ARDS.—The head of an agency may employ standards for 

25 the cost-effective information security for all operations 


smartinez on DSKB9S0YB1PROD with BILLS
787 

HR 5136 PCS1S 

1 and assets within or under the supervision of that agency 

2 that are more stringent than the standards promulgated 

3 by the Secretary of Commerce under this section, if such 

4 standards— 

5 ‘‘(1) contain, at a minimum, the provisions of 

6 those applicable standards made compulsory and 

7 binding by the Secretary; and 

8 ‘‘(2) are otherwise consistent with policies and 

9 guidelines issued under section 3555. 

10 ‘‘(c) REQUIREMENTS REGARDING DECISIONS BY THE

11 SECRETARY.— 

12 ‘‘(1) DEADLINE.—The decision regarding the 

13 promulgation of any standard by the Secretary of 

14 Commerce under subsection (b) shall occur not later 

15 than 6 months after the submission of the proposed 

16 standard to the Secretary by the National Institute 

17 of Standards and Technology, as provided under sec18 tion 20 of the National Institute of Standards and 

19 Technology Act (15 U.S.C. 278g–3). 

20 ‘‘(2) NOTICE AND COMMENT.—A decision by 

21 the Secretary of Commerce to significantly modify, 

22 or not promulgate, a proposed standard submitted to 

23 the Secretary by the National Institute of Standards 

24 and Technology, as provided under section 20 of the 

25 National Institute of Standards and Technology Act 


smartinez on DSKB9S0YB1PROD with BILLS
788 

HR 5136 PCS1S 

1 (15 U.S.C. 278g–3), shall be made after the public 

2 is given an opportunity to comment on the Sec3 retary’s proposed decision. 

4 ‘‘§ 3559. Federal information security incident center 

5 ‘‘(a) IN GENERAL.—The Director of the National Of6 fice for Cyberspace shall ensure the operation of a central 

7 Federal information security incident center to— 

8 ‘‘(1) provide timely technical assistance to oper9 ators of agency information systems and information 

10 infrastructure regarding security incidents, including 

11 guidance on detecting and handling information se12 curity incidents; 

13 ‘‘(2) compile and analyze information about in14 cidents that threaten information security; 

15 ‘‘(3) inform operators of agency information 

16 systems and information infrastructure about cur17 rent and potential information security threats, and 

18 vulnerabilities; and 

19 ‘‘(4) consult with the National Institute of 

20 Standards and Technology, agencies or offices oper21 ating or exercising control of national security sys22 tems (including the National Security Agency), and 

23 such other agencies or offices in accordance with law 

24 and as directed by the President regarding informa25 tion security incidents and related matters. 


smartinez on DSKB9S0YB1PROD with BILLS
789 

HR 5136 PCS1S 

1 ‘‘(b) NATIONAL SECURITY SYSTEMS.—Each agency 

2 operating or exercising control of a national security sys3 tem shall share information about information security in4 cidents, threats, and vulnerabilities with the Federal infor5 mation security incident center to the extent consistent 

6 with standards and guidelines for national security sys7 tems, issued in accordance with law and as directed by 

8 the President. 

9 ‘‘(c) REVIEW AND APPROVAL.—In coordination with 

10 the Administrator for Electronic Government and Infor11 mation Technology, the Director of the National Office for 

12 Cyberspace shall review and approve the policies, proce13 dures, and guidance established in this subchapter to en14 sure that the incident center has the capability to effec15 tively and efficiently detect, correlate, respond to, contain, 

16 mitigate, and remediate incidents that impair the ade17 quate security of the information systems and information 

18 infrastructure of more than one agency. To the extent 

19 practicable, the capability shall be continuous and tech20 nically automated. 

21 ‘‘§ 3560. National security systems 

22 ‘‘The head of each agency operating or exercising 

23 control of a national security system shall be responsible 

24 for ensuring that the agency— 


smartinez on DSKB9S0YB1PROD with BILLS
790 

HR 5136 PCS1S 

1 ‘‘(1) provides information security protections 

2 commensurate with the risk and magnitude of the 

3 harm resulting from the unauthorized access, use, 

4 disclosure, disruption, modification, or destruction of 

5 the information contained in such system; 

6 ‘‘(2) implements information security policies 

7 and practices as required by standards and guide8 lines for national security systems, issued in accord9 ance with law and as directed by the President; and 

10 ‘‘(3) complies with the requirements of this sub11 chapter.’’. 

12 SEC. 1702. INFORMATION SECURITY ACQUISITION RE13 QUIREMENTS. 

14 (a) IN GENERAL.—Chapter 113 of title 40, United 

15 States Code, is amended by adding at the end of sub16 chapter II the following new section: 

17 ‘‘§ 11319. Information security acquisition require18 ments 

19 ‘‘(a) PROHIBITION.—Notwithstanding any other pro20 vision of law, beginning one year after the date of the en21 actment of the Federal Information Security Amendments 

22 Act of 2010, no agency may enter into a contract, an order 

23 under a contract, or an interagency agreement for— 


smartinez on DSKB9S0YB1PROD with BILLS
791 

HR 5136 PCS1S 

1 ‘‘(1) the collection, use, management, storage, 

2 or dissemination of information on behalf of the 

3 agency; 

4 ‘‘(2) the use or operation of an information sys5 tem or information infrastructure on behalf of the 

6 agency; or 

7 ‘‘(3) information technology; 

8 unless such contract, order, or agreement includes require9 ments to provide effective information security that sup10 ports the operations and assets under the control of the 

11 agency, in compliance with the policies, standards, and 

12 guidance developed under subsection (b), and otherwise 

13 ensures compliance with this section. 

14 ‘‘(b) COORDINATION OF SECURE ACQUISITION POLI15 CIES.— 

16 ‘‘(1) IN GENERAL.—The Director, in consulta17 tion with the Director of the National Institute of 

18 Standards and Technology, the Director of the Na19 tional Office for Cyberspace, and the Administrator 

20 of General Services, shall oversee the development 

21 and implementation of policies, standards, and guid22 ance, including through revisions to the Federal Ac23 quisition Regulation and the Department of Defense 

24 supplement to the Federal Acquisition Regulation, to 


smartinez on DSKB9S0YB1PROD with BILLS
792 

HR 5136 PCS1S 

1 cost effectively enhance agency information security, 

2 including— 

3 ‘‘(A) minimum information security re4 quirements for agency procurement of informa5 tion technology products and services; and 

6 ‘‘(B) approaches for evaluating and miti7 gating significant supply chain security risks 

8 associated with products or services to be ac9 quired by agencies. 

10 ‘‘(2) REPORT.—Not later than two years after 

11 the date of the enactment of the Federal Informa12 tion Security Amendments Act of 2010, the Director 

13 shall submit to Congress a report describing— 

14 ‘‘(A) actions taken to improve the informa15 tion security associated with the procurement of 

16 products and services by the Federal Govern17 ment; and 

18 ‘‘(B) plans for overseeing and coordinating 

19 efforts of agencies to use best practice ap20 proaches for cost-effectively purchasing more 

21 secure products and services. 

22 ‘‘(c) VULNERABILITY ASSESSMENTS OF MAJOR SYS23 TEMS.— 

24 ‘‘(1) REQUIREMENT FOR INITIAL VULNER25 ABILITY ASSESSMENTS.—The Director shall require 


smartinez on DSKB9S0YB1PROD with BILLS
793 

HR 5136 PCS1S 

1 each agency to conduct an initial vulnerability as2 sessment for any major system and its significant 

3 items of supply prior to the development of the sys4 tem. The initial vulnerability assessment of a major 

5 system and its significant items of supply shall in6 clude use of an analysis-based approach to— 

7 ‘‘(A) identify vulnerabilities; 

8 ‘‘(B) define exploitation potential; 

9 ‘‘(C) examine the system’s potential effec10 tiveness; 

11 ‘‘(D) determine overall vulnerability; and 

12 ‘‘(E) make recommendations for risk re13 duction. 

14 ‘‘(2) SUBSEQUENT VULNERABILITY ASSESS15 MENTS.— 

16 ‘‘(A) The Director shall require a subse17 quent vulnerability assessment of each major 

18 system and its significant items of supply with19 in a program if the Director determines that 

20 circumstances warrant the issuance of an addi21 tional vulnerability assessment. 

22 ‘‘(B) Upon the request of a congressional 

23 committee, the Director may require a subse24 quent vulnerability assessment of a particular 


smartinez on DSKB9S0YB1PROD with BILLS
794 

HR 5136 PCS1S 

1 major system and its significant items of supply 

2 within the program. 

3 ‘‘(C) Any subsequent vulnerability assess4 ment of a major system and its significant 

5 items of supply shall include use of an analysis6 based approach and, if applicable, a testing7 based approach, to monitor the exploitation po8 tential of such system and reexamine the fac9 tors described in subparagraphs (A) through 

10 (E) of paragraph (1). 

11 ‘‘(3) CONGRESSIONAL OVERSIGHT.—The Direc12 tor shall provide to the appropriate congressional 

13 committees a copy of each vulnerability assessment 

14 conducted under paragraph (1) or (2) not later than 

15 10 days after the date of the completion of such as16 sessment. 

17 ‘‘(d) DEFINITIONS.—In this section: 

18 ‘‘(1) ITEM OF SUPPLY.—The term ‘item of sup19 ply’— 

20 ‘‘(A) means any individual part, compo21 nent, subassembly, assembly, or subsystem inte22 gral to a major system, and other property 

23 which may be replaced during the service life of 

24 the major system, including a spare part or re25 plenishment part; and 


smartinez on DSKB9S0YB1PROD with BILLS
795 

HR 5136 PCS1S 

1 ‘‘(B) does not include packaging or label2 ing associated with shipment or identification of 

3 an item. 

4 ‘‘(2) VULNERABILITY ASSESSMENT.—The term 

5 ‘vulnerability assessment’ means the process of iden6 tifying and quantifying vulnerabilities in a major 

7 system and its significant items of supply. 

8 ‘‘(3) MAJOR SYSTEM.—The term ‘major system’ 

9 has the meaning given that term in section 4 of the 

10 Office of Federal Procurement Policy Act (41 U.S.C. 

11 403).’’. 

12 SEC. 1703. TECHNICAL AND CONFORMING AMENDMENTS. 

13 (a) TABLE OF SECTIONS IN TITLE 44.—The table 

14 of sections for chapter 35 of title 44, United States Code, 

15 is amended by striking the matter relating to subchapters 

16 II and III and inserting the following: 

‘‘SUBCHAPTER II—INFORMATION SECURITY

‘‘3551. Purposes. 

‘‘3552. Definitions. 

‘‘3553. National Office for Cyberspace. 

‘‘3554. Federal Cybersecurity Practice Board. 

‘‘3555. Authority and functions of the Director of the National Office for 

Cyberspace. 

‘‘3556. Agency responsibilities. 

‘‘3557. Annual independent audit. 

‘‘3558. Responsibilities for Federal information systems standards. 

‘‘3559. Federal information security incident center. 

‘‘3560. National security systems.’’. 

17 (b) TABLE OF SECTIONS IN TITLE 40.—The table 

18 of sections for chapter 113 of title 40, United States Code, 


smartinez on DSKB9S0YB1PROD with BILLS
796 

HR 5136 PCS1S 

1 is amended by inserting after the item relating to section 

2 11318 the following new item: 

‘‘Sec. 11319. Information security acquisition requirements.’’. 

3 (c) OTHER REFERENCES.— 

4 (1) Section 1001(c)(1)(A) of the Homeland Se5 curity Act of 2002 (6 U.S.C. 511(c)(1)(A)) is 

6 amended by striking ‘‘section 3532(3)’’ and insert7 ing ‘‘section 3552(b)’’. 

8 (2) Section 2222(j)(6) of title 10, United States 

9 Code, is amended by striking ‘‘section 3542(b)(2))’’ 

10 and inserting ‘‘section 3552(b)’’. 

11 (3) Section 2223(c)(3) of title 10, United 

12 States Code, is amended, by striking ‘‘section 

13 3542(b)(2))’’ and inserting ‘‘section 3552(b)’’. 

14 (4) Section 2315 of title 10, United States 

15 Code, is amended by striking ‘‘section 3542(b)(2))’’ 

16 and inserting ‘‘section 3552(b)’’. 

17 (5) Section 20 of the National Institute of 

18 Standards and Technology Act (15 U.S.C. 278g–3) 

19 is amended— 

20 (A) in subsections (a)(2) and (e)(5), by 

21 striking ‘‘section 3532(b)(2)’’ and inserting 

22 ‘‘section 3552(b)’’; 

23 (B) in subsection (e)(2), by striking ‘‘sec24 tion 3532(1)’’ and inserting ‘‘section 3552(b)’’; 

25 and 


smartinez on DSKB9S0YB1PROD with BILLS
797 

HR 5136 PCS1S 

1 (C) in subsections (c)(3) and (d)(1), by 

2 striking ‘‘section 11331 of title 40’’ and insert3 ing ‘‘section 3558 of title 44’’. 

4 (6) Section 8(d)(1) of the Cyber Security Re5 search and Development Act (15 U.S.C. 7406(d)(1)) 

6 is amended by striking ‘‘section 3534(b)’’ and in7 serting ‘‘section 3556(b)’’. 

8 (d) REPEAL.— 

9 (1) Subchapter III of chapter 113 of title 40, 

10 United States Code, is repealed. 

11 (2) The table of sections for chapter 113 of 

12 such title is amended by striking the matter relating 

13 to subchapter III. 

14 (e) EXECUTIVE SCHEDULE PAY RATE.—Section 

15 5314 of title 5, United States Code, is amended by adding 

16 at the end the following: 

17 ‘‘Director of the National Office for Cyber18 space.’’. 

19 (f) MEMBERSHIP ON THE NATIONAL SECURITY

20 COUNCIL.—Section 101(a) of the National Security Act 

21 of 1947 (50 U.S.C. 402(a)) is amended— 

22 (1) by redesignating paragraphs (7) and (8) as 

23 paragraphs (8) and (9), respectively; and 

24 (2) by inserting after paragraph (6) the fol25 lowing: 


smartinez on DSKB9S0YB1PROD with BILLS
798 

HR 5136 PCS1S 

1 ‘‘(7) the Director of the National Office for 

2 Cyberspace;’’. 

3 SEC. 1704. EFFECTIVE DATE. 

4 (a) IN GENERAL.—Unless otherwise specified in this 

5 section, this subtitle (including the amendments made by 

6 this subtitle) shall take effect 30 days after the date of 

7 enactment of this Act. 

8 (b) NATIONAL OFFICE FOR CYBERSPACE.—Section 

9 3553 of title 44, United States Code, as added by section 

10 1701 of this division, shall take effect 180 days after the 

11 date of enactment of this Act. 

12 (c) FEDERAL CYBERSECURITY PRACTICE BOARD.— 

13 Section 3554 of title 44, United States Code, as added 

14 by section 1701 of this division, shall take effect one year 

15 after the date of enactment of this Act. 

16 Subtitle B—Federal Chief 

17 Technology Officer 

18 SEC. 1711. OFFICE OF THE CHIEF TECHNOLOGY OFFICER. 

19 (a) ESTABLISHMENT AND STAFF.— 

20 (1) ESTABLISHMENT.— 

21 (A) IN GENERAL.—There is established in 

22 the Executive Office of the President an Office 

23 of the Federal Chief Technology Officer (in this 

24 section referred to as the ‘‘Office’’). 

25 (B) HEAD OF THE OFFICE.— 


smartinez on DSKB9S0YB1PROD with BILLS
799 

HR 5136 PCS1S 

1 (i) FEDERAL CHIEF TECHNOLOGY OF2 FICER.—The President shall appoint a 

3 Federal Chief Technology Officer (in this 

4 section referred to as the ‘‘Federal CTO’’) 

5 who shall be the head of the Office. 

6 (ii) COMPENSATION.—Section 5314 of 

7 title 5, United States Code, is amended by 

8 adding at the end the following: 

9 ‘‘Federal Chief Technology Officer.’’. 

10 (2) STAFF OF THE OFFICE.—The President 

11 may appoint additional staff members to the Office. 

12 (b) DUTIES OF THE OFFICE.—The functions of the 

13 Federal CTO are the following: 

14 (1) Undertake fact-gathering, analysis, and as15 sessment of the Federal Government’s information 

16 technology infrastructures, information technology 

17 strategy, and use of information technology, and 

18 provide advice on such matters to the President, 

19 heads of Federal departments and agencies, and 

20 government chief information officers and chief tech21 nology officers. 

22 (2) Lead an interagency effort, working with 

23 the chief technology and chief information officers of 

24 each of the Federal departments and agencies, to de25 velop and implement a planning process to ensure 


smartinez on DSKB9S0YB1PROD with BILLS
800 

HR 5136 PCS1S 

1 that they use best-in-class technologies, share best 

2 practices, and improve the use of technology in sup3 port of Federal Government requirements. 

4 (3) Advise the President on information tech5 nology considerations with regard to Federal budg6 ets and with regard to general coordination of the 

7 research and development programs of the Federal 

8 Government for information technology-related mat9 ters. 

10 (4) Promote technological innovation in the 

11 Federal Government, and encourage and oversee the 

12 adoption of robust cross-governmental architectures 

13 and standards-based information technologies, in 

14 support of effective operational and management 

15 policies, practices, and services across Federal de16 partments and agencies and with the public and ex17 ternal entities. 

18 (5) Establish cooperative public-private sector 

19 partnership initiatives to achieve knowledge of tech20 nologies available in the marketplace that can be 

21 used for improving governmental operations and in22 formation technology research and development ac23 tivities. 

24 (6) Gather timely and authoritative information 

25 concerning significant developments and trends in 


smartinez on DSKB9S0YB1PROD with BILLS
801 

HR 5136 PCS1S 

1 information technology, and in national priorities, 

2 both current and prospective, and analyze and inter3 pret the information for the purpose of determining 

4 whether the developments and trends are likely to 

5 affect achievement of the priority goals of the Fed6 eral Government. 

7 (7) Develop, review, revise, and recommend cri8 teria for determining information technology activi9 ties warranting Federal support, and recommend 

10 Federal policies designed to advance the develop11 ment and maintenance of effective and efficient in12 formation technology capabilities, including human 

13 resources, at all levels of government, academia, and 

14 industry, and the effective application of the capa15 bilities to national needs. 

16 (8) Any other functions and activities that the 

17 President may assign to the Federal CTO. 

18 (c) POLICY PLANNING; ANALYSIS AND ADVICE.—The 

19 Office shall serve as a source of analysis and advice for 

20 the President and heads of Federal departments and agen21 cies with respect to major policies, plans, and programs 

22 of the Federal Government in accordance with the func23 tions described in subsection (b). 

24 (d) COORDINATION OF THE OFFICE WITH OTHER

25 ENTITIES.— 


smartinez on DSKB9S0YB1PROD with BILLS
802 

HR 5136 PCS1S 

1 (1) FEDERAL CTO ON DOMESTIC POLICY COUN2 CIL.—The Federal CTO shall be a member of the 

3 Domestic Policy Council. 

4 (2) FEDERAL CTO ON CYBER SECURITY PRAC5 TICE BOARD.—The Federal CTO shall be a member 

6 of the Federal Cybersecurity Practice Board. 

7 (3) OBTAIN INFORMATION FROM AGENCIES.— 

8 The Office may secure, directly from any depart9 ment or agency of the United States, information 

10 necessary to enable the Federal CTO to carry out 

11 this section. On request of the Federal CTO, the 

12 head of the department or agency shall furnish the 

13 information to the Office, subject to any applicable 

14 limitations of Federal law. 

15 (4) STAFF OF FEDERAL AGENCIES.—On re16 quest of the Federal CTO, to assist the Office in 

17 carrying out the duties of the Office, the head of any 

18 Federal department or agency may detail personnel, 

19 services, or facilities of the department or agency to 

20 the Office. 

21 (e) ANNUAL REPORT.— 

22 (1) PUBLICATION AND CONTENTS.—The Fed23 eral CTO shall publish, in the Federal Register and 

24 on a public Internet website of the Federal CTO, an 

25 annual report that includes the following: 


smartinez on DSKB9S0YB1PROD with BILLS
803 

HR 5136 PCS1S 

1 (A) Information on programs to promote 

2 the development of technological innovations. 

3 (B) Recommendations for the adoption of 

4 policies to encourage the generation of techno5 logical innovations. 

6 (C) Information on the activities and ac7 complishments of the Office in the year covered 

8 by the report. 

9 (2) SUBMISSION.—The Federal CTO shall sub10 mit each report under paragraph (1) to— 

11 (A) the President; 

12 (B) the Committee on Oversight and Gov13 ernment Reform of the House of Representa14 tives; 

15 (C) the Committee on Science and Tech16 nology of the House of Representatives; and 

17 (D) the Committee on Commerce, Science, 

18 and Transportation of the Senate. 

19 TITLE XVIII—GUAM WORLD WAR 

20 II LOYALTY RECOGNITION ACT 

21 SEC. 1801. SHORT TITLE. 

22 This title may be cited as the ‘‘Guam World War II 

23 Loyalty Recognition Act’’. 


smartinez on DSKB9S0YB1PROD with BILLS
804 

HR 5136 PCS1S 

1 SEC. 1802. 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. 1803. 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 1806(a), after receipt of 

25 certification pursuant to section 1804(b)(8) and in accordVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00804 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
805 

HR 5136 PCS1S 

1 ance with the provisions of this title, the Secretary of the 

2 Treasury shall make payments as follows: 

3 (1) RESIDENTS INJURED.—The Secretary shall 

4 pay compensable Guam victims who are not de5 ceased before any payments are made to individuals 

6 described in paragraphs (2) and (3) 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) and before payments are made 

22 under paragraph (3). 

23 (3) SURVIVORS OF DECEASED INJURED RESI24 DENTS.—In the case of a compensable Guam victim 

25 who is deceased, the Secretary shall pay $7,000 for 


smartinez on DSKB9S0YB1PROD with BILLS
806 

HR 5136 PCS1S 

1 distribution to eligible survivors of the victim as 

2 specified in subsection (b). The Secretary shall make 

3 payments under this paragraph after payments are 

4 made under paragraphs (1) and (2). 

5 (b) DISTRIBUTION OF SURVIVOR PAYMENTS.—Pay6 ments under paragraph (2) or (3) of subsection (a) to eli7 gible survivors of an individual who is a compensable 

8 Guam decedent or a compensable Guam victim who is de9 ceased shall be made as follows: 

10 (1) If there is living a spouse of the individual, 

11 but no child of the individual, all of the payment 

12 shall be made to such spouse. 

13 (2) If there is living a spouse of the individual 

14 and one or more children of the individual, one-half 

15 of the payment shall be made to the spouse and the 

16 other half to the child (or to the children in equal 

17 shares). 

18 (3) If there is no living spouse of the individual, 

19 but there are one or more children of the individual 

20 alive, all of the payment shall be made to such child 

21 (or to such children in equal shares). 

22 (4) If there is no living spouse or child of the 

23 individual but there is a living parent (or parents) 

24 of the individual, all of the payment shall be made 

25 to the parents (or to the parents in equal shares). 


smartinez on DSKB9S0YB1PROD with BILLS
807 

HR 5136 PCS1S 

1 (5) If there is no such living spouse, child, or 

2 parent, no payment shall be made. 

3 (c) DEFINITIONS.—For purposes of this title: 

4 (1) COMPENSABLE GUAM DECEDENT.—The 

5 term ‘‘compensable Guam decedent’’ means an indi6 vidual determined under section 1804(a)(1) to have 

7 been a resident of Guam who died or was killed as 

8 a result of the attack and occupation of Guam by 

9 Imperial Japanese military forces during World War 

10 II, or incident to the liberation of Guam by United 

11 States military forces, and whose death would have 

12 been compensable under the Guam Meritorious 

13 Claims Act of 1945 (Public Law 79–224) if a timely 

14 claim had been filed under the terms of such Act. 

15 (2) COMPENSABLE GUAM VICTIM.—The term 

16 ‘‘compensable Guam victim’’ means an individual de17 termined under section 1804(a)(1) to have suffered, 

18 as a result of the attack and occupation of Guam by 

19 Imperial Japanese military forces during World War 

20 II, or incident to the liberation of Guam by United 

21 States military forces, any of the following: 

22 (A) Rape or severe personal injury (such 

23 as loss of a limb, dismemberment, or paralysis). 


smartinez on DSKB9S0YB1PROD with BILLS
808 

HR 5136 PCS1S 

1 (B) Forced labor or a personal injury not 

2 under subparagraph (A) (such as disfigure3 ment, scarring, or burns). 

4 (C) Forced march, internment, or hiding 

5 to evade internment. 

6 (3) DEFINITIONS OF SEVERE PERSONAL INJU7 RIES AND PERSONAL INJURIES.—The Foreign 

8 Claims Settlement Commission shall promulgate reg9 ulations to specify injuries that constitute a severe 

10 personal injury or a personal injury for purposes of 

11 subparagraphs (A) and (B), respectively, of para12 graph (2). 

13 SEC. 1804. ADJUDICATION. 

14 (a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT

15 COMMISSION.— 

16 (1) IN GENERAL.—The Foreign Claims Settle17 ment Commission is authorized to adjudicate claims 

18 and determine eligibility for payments under section 

19 1803. 

20 (2) RULES AND REGULATIONS.—The chairman 

21 of the Foreign Claims Settlement Commission shall 

22 prescribe such rules and regulations as may be nec23 essary to enable it to carry out its functions under 

24 this title. Such rules and regulations shall be pub25 lished in the Federal Register. 


smartinez on DSKB9S0YB1PROD with BILLS
809 

HR 5136 PCS1S 

1 (b) CLAIMS SUBMITTED FOR PAYMENTS.— 

2 (1) SUBMITTAL OF CLAIM.—For purposes of 

3 subsection (a)(1) and subject to paragraph (2), the 

4 Foreign Claims Settlement Commission may not de5 termine an individual is eligible for a payment under 

6 section 1803 unless the individual submits to the 

7 Commission a claim in such manner and form and 

8 containing such information as the Commission 

9 specifies. 

10 (2) FILING PERIOD FOR CLAIMS AND NOTICE.— 

11 All claims for a payment under section 1803 shall be 

12 filed within one year after the Foreign Claims Set13 tlement Commission publishes public notice of the 

14 filing period in the Federal Register. The Foreign 

15 Claims Settlement Commission shall provide for the 

16 notice required under the previous sentence not later 

17 than 180 days after the date of the enactment of 

18 this title. In addition, the Commission shall cause to 

19 be publicized the public notice of the deadline for fil20 ing claims in newspaper, radio, and television media 

21 on Guam. 

22 (3) ADJUDICATORY DECISIONS.—The decision 

23 of the Foreign Claims Settlement Commission on 

24 each claim shall be by majority vote, shall be in writ25 ing, and shall state the reasons for the approval or 


smartinez on DSKB9S0YB1PROD with BILLS
810 

HR 5136 PCS1S 

1 denial of the claim. If approved, the decision shall 

2 also state the amount of the payment awarded and 

3 the distribution, if any, to be made of the payment. 

4 (4) DEDUCTIONS IN PAYMENT.—The Foreign 

5 Claims Settlement Commission shall deduct, from 

6 potential payments, amounts previously paid under 

7 the Guam Meritorious Claims Act of 1945 (Public 

8 Law 79–224). 

9 (5) INTEREST.—No interest shall be paid on 

10 payments awarded by the Foreign Claims Settlement 

11 Commission. 

12 (6) REMUNERATION PROHIBITED.—No remu13 neration on account of representational services ren14 dered on behalf of any claimant in connection with 

15 any claim filed with the Foreign Claims Settlement 

16 Commission under this title shall exceed one percent 

17 of the total amount paid pursuant to any payment 

18 certified under the provisions of this title on account 

19 of such claim. Any agreement to the contrary shall 

20 be unlawful and void. Whoever demands or receives, 

21 on account of services so rendered, any remunera22 tion in excess of the maximum permitted by this sec23 tion shall be fined not more than $5,000 or impris24 oned not more than 12 months, or both. 


smartinez on DSKB9S0YB1PROD with BILLS
811 

HR 5136 PCS1S 

1 (7) APPEALS AND FINALITY.—Objections and 

2 appeals of decisions of the Foreign Claims Settle3 ment Commission shall be to the Commission, and 

4 upon rehearing, the decision in each claim shall be 

5 final, and not subject to further review by any court 

6 or agency. 

7 (8) CERTIFICATIONS FOR PAYMENT.—After a 

8 decision approving a claim becomes final, the chair9 man of the Foreign Claims Settlement Commission 

10 shall certify it to the Secretary of the Treasury for 

11 authorization of a payment under section 1803. 

12 (9) TREATMENT OF AFFIDAVITS.—For pur13 poses of section 1803 and subject to paragraph (2), 

14 the Foreign Claims Settlement Commission shall 

15 treat a claim that is accompanied by an affidavit of 

16 an individual that attests to all of the material facts 

17 required for establishing eligibility of such individual 

18 for payment under such section as establishing a 

19 prima facie case of the individual’s eligibility for 

20 such payment without the need for further docu21 mentation, except as the Commission may otherwise 

22 require. Such material facts shall include, with re23 spect to a claim under paragraph (2) or (3) of sec24 tion 1803(a), a detailed description of the injury or 


smartinez on DSKB9S0YB1PROD with BILLS
812 

HR 5136 PCS1S 

1 other circumstance supporting the claim involved, in2 cluding the level of payment sought. 

3 (10) RELEASE OF RELATED CLAIMS.—Accept4 ance of payment under section 1803 by an individual 

5 for a claim related to a compensable Guam decedent 

6 or a compensable Guam victim shall be in full satis7 faction of all claims related to such decedent or vic8 tim, respectively, arising under the Guam Meri9 torious Claims Act of 1945 (Public Law 79–224), 

10 the implementing regulations issued by the United 

11 States Navy pursuant thereto, or this title. 

12 SEC. 1805. GRANTS PROGRAM TO MEMORIALIZE THE OCCU13 PATION OF GUAM DURING WORLD WAR II. 

14 (a) ESTABLISHMENT.—Subject to section 1806(b) 

15 and in accordance with this section, the Secretary of the 

16 Interior shall establish a grants program under which the 

17 Secretary shall award grants for research, educational, 

18 and media activities that memorialize the events sur19 rounding the occupation of Guam during World War II, 

20 honor the loyalty of the people of Guam during such occu21 pation, or both, for purposes of appropriately illuminating 

22 and interpreting the causes and circumstances of such oc23 cupation and other similar occupations during a war. 

24 (b) ELIGIBILITY.—The Secretary of the Interior may 

25 not award to a person a grant under subsection (a) unless 


smartinez on DSKB9S0YB1PROD with BILLS
813 

HR 5136 PCS1S 

1 such person submits an application to the Secretary for 

2 such grant, in such time, manner, and form and con3 taining such information as the Secretary specifies. 

4 SEC. 1806. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) GUAM WORLD WAR II CLAIMS PAYMENTS AND

6 ADJUDICATION.—For purposes of carrying out sections 

7 1803 and 1804, there are authorized to be appropriated 

8 $126,000,000, to remain available for obligation until Sep9 tember 30, 2013, to the Foreign Claims Settlement Com10 mission. Not more than 5 percent of funds made available 

11 under this subsection shall be used for administrative 

12 costs. 

13 (b) GUAM WORLD WAR II GRANTS PROGRAM.—For 

14 purposes of carrying out section 1805, there are author15 ized to be appropriated $5,000,000, to remain available 

16 for obligation until September 30, 2013. 

17 DIVISION B—MILITARY CON18 STRUCTION AUTHORIZA19 TIONS 

20 SEC. 2001. SHORT TITLE. 

21 This division may be cited as the ‘‘Military Construc22 tion Authorization Act for Fiscal Year 2011’’. 


smartinez on DSKB9S0YB1PROD with BILLS
814 

HR 5136 PCS1S 

1 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

2 AMOUNTS REQUIRED TO BE SPECIFIED BY 

3 LAW. 

4 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

5 YEARS.—Except as provided in subsection (b), all author6 izations contained in titles XXI through XXVII and title 

7 XXIX for military construction projects, land acquisition, 

8 family housing projects and facilities, and contributions to 

9 the North Atlantic Treaty Organization Security Invest10 ment Program (and authorizations of appropriations 

11 therefor) shall expire on the later of— 

12 (1) October 1, 2013; or 

13 (2) the date of the enactment of an Act author14 izing funds for military construction for fiscal year 

15 2014. 

16 (b) EXCEPTION.—Subsection (a) shall not apply to 

17 authorizations for military construction projects, land ac18 quisition, family housing projects and facilities, and con19 tributions to the North Atlantic Treaty Organization Se20 curity Investment Program (and authorizations of appro21 priations therefor), for which appropriated funds have 

22 been obligated before the later of— 

23 (1) October 1, 2013; or 

24 (2) the date of the enactment of an Act author25 izing funds for fiscal year 2014 for military con26 struction projects, land acquisition, family housing 


smartinez on DSKB9S0YB1PROD with BILLS
815 

HR 5136 PCS1S 

1 projects and facilities, and contributions to the 

2 North Atlantic Treaty Organization Security Invest3 ment Program. 

4 SEC. 2003. EFFECTIVE DATE. 

5 Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, 

6 XXVII, and XXIX shall take effect on the later of— 

7 (1) October 1, 2010; or 

8 (2) the date of the enactment of this Act. 

9 SEC. 2004. GENERAL REDUCTION ACROSS DIVISION. 

10 (a) REDUCTION.—Of the amounts provided in the au11 thorizations of appropriations in this division, the overall 

12 authorization of appropriations in this division is reduced 

13 by $441,096,000. 

14 (b) REPORT ON APPLICATION.—Not later than 90 

15 days after the date of the enactment of this Act, the Sec16 retary of Defense shall submit to the congressional defense 

17 committees a report describing how the reduction required 

18 by subsection (a) is applied. 

19 TITLE XXI—ARMY MILITARY 

20 CONSTRUCTION 

21 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

22 ACQUISITION PROJECTS AND AUTHORIZA23 TION OF APPROPRIATIONS. 

24 (a) INSIDE THE UNITED STATES.—The Secretary of 

25 the Army may acquire real property and carry out military 


smartinez on DSKB9S0YB1PROD with BILLS
816 

HR 5136 PCS1S 

1 construction projects for the installations or locations in2 side the United States, and subject to the purpose, total 

3 amount authorized, and authorization of appropriations 

4 specified for each project, set forth in the following table: 

Army: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AK Fort Wainwright ............ Urban Assault Course ................................... 3,350 3,350 

AK Fort Richardson ............. Multipurpose Machine Gun Range ............... 12,200 12,200 

AK Fort Greely ..................... Fire Station .................................................. 26,000 26,000 

AK Fort Wainwright ............ Aviation Task Force Complex, Ph 2B (Company Ops Facility) .................................... 27,000 27,000 

AK Fort Richardson ............. Simulations Center ....................................... 34,000 34,000 

AK Fort Richardson ............. Brigade Complex, Ph 1 ................................. 67,038 67,038 

AK Fort Wainwright ............ Aviation Task Force Complex, Ph 2A 

(Hangar) ................................................... 142,650 142,650 

AL Fort Rucker ................... Training Aids Center .................................... 4,650 4,650 

AL Fort Rucker ................... Aviation Component Maintenance Shop ....... 29,000 29,000 

AL Fort Rucker ................... Aviation Maintenance Facility ...................... 36,000 36,000 

CA Presidio Monterey .......... Satellite Communications Facility ................ 38,000 38,000 

CA Presidio Monterey .......... General Instruction Building ........................ 39,000 39,000 

CA Presidio Monterey .......... Advanced Individual Training Barracks ....... 63,000 63,000 

CO Fort Carson .................... Automated Sniper Field Fire Range ............ 3,650 3,650 

CO Fort Carson .................... Battalion Headquarters ................................ 6,700 6,700 

CO Fort Carson .................... Simulations Center ....................................... 40,000 40,000 

CO Fort Carson .................... Brigade Complex ........................................... 56,000 56,000 

FL Eglin AB ........................ Chapel ........................................................... 6,900 6,900 

FL US Army Garrison 

Miami ......................... Commissary ................................................... 19,000 19,000 

FL Miami-Dade County ....... Command & Control Facility ........................ 41,000 41,000 

GA Fort Stewart .................. Modified Record Fire Range ........................ 3,750 3,750 

GA Fort Gordon ................... Training Aids Center .................................... 4,150 4,150 

GA Fort Stewart .................. Automated Infantry Platoon Battle Course 6,200 6,200 

GA Fort Stewart .................. Training Aids Center .................................... 7,000 7,000 

GA Fort Stewart .................. General Instruction Building ........................ 8,200 8,200 

GA Fort Stewart .................. Automated Multipurpose Machine Gun 

Range ........................................................ 9,100 9,100 

GA Fort Benning ................. Land Acquisition ........................................... 12,200 12,200 

GA Fort Benning ................. Training Battalion Complex, Ph 2 ............... 14,600 14,600 

GA Fort Benning ................. Training Battalion Complex, Ph 2 ............... 14,600 14,600 

GA Fort Stewart .................. Battalion Complex ........................................ 18,000 18,000 

GA Fort Stewart .................. Simulations Center ....................................... 26,000 26,000 

GA Fort Benning ................. Museum Operations Support Building ......... 32,000 32,000 

GA Fort Stewart .................. Aviation Unit Operations Complex ............... 47,000 47,000 

GA Fort Benning ................. Trainee Barracks, Ph 2 ................................ 51,000 51,000 

GA Fort Benning ................. Vehicle Maintenance Shop ............................ 53,000 53,000 

HI Fort Shafter ................... Flood Mitigation ........................................... 23,000 23,000 

HI Schofield Barracks ......... Training Aids Center .................................... 24,000 24,000 

HI Tripler Army Medical 

Center ......................... Barracks ....................................................... 28,000 28,000 

HI Fort Shafter ................... Command & Control Facility, Ph 1 .............. 58,000 58,000 

HI Schofield Barracks ......... Barracks ....................................................... 90,000 90,000 

HI Schofield Barracks ......... Barracks ....................................................... 98,000 98,000 

KS Fort Riley ....................... Automated Infantry Squad Battle Course ... 4,100 4,100 

KS Fort Leavenworth .......... Vehicle Maintenance Shop ............................ 7,100 7,100 

KS Fort Riley ....................... Known Distance Range ................................ 7,200 7,200 

KS Fort Riley ....................... Automated Qualification/Training Range ..... 14,800 14,800 

KS Fort Riley ....................... Battalion Complex, Ph 1 .............................. 31,000 31,000 

KY Fort Campbell ................ Automated Sniper Field Fire Range ............ 1,500 1,500 

KY Fort Campbell ................ Urban Assault Course ................................... 3,300 3,300 

KY Fort Campbell ................ Rappelling Training Area ............................. 5,600 5,600 

KY Fort Knox ...................... Access Corridor Improvements ..................... 6,000 6,000 

KY Fort Knox ...................... Military Operation Urban Terrain Collective 

Training Facility ....................................... 12,800 12,800 

KY Fort Campbell ................ Vehicle Maintenance Shop ............................ 15,500 15,500 

KY Fort Campbell ................ Company Operations Facilities ..................... 25,000 25,000 

KY Fort Campbell ................ Unit Operations Facilities ............................ 26,000 26,000 

KY Fort Campbell ................ Brigade Complex ........................................... 67,000 67,000 

LA Fort Polk ........................ Heavy Sniper Range ..................................... 4,250 4,250 

LA Fort Polk ........................ Land Acquisition ........................................... 6,000 6,000 

LA Fort Polk ........................ Land Acquisition ........................................... 24,000 24,000 

LA Fort Polk ........................ Barracks ....................................................... 29,000 29,000 

MD Fort Meade ..................... Indoor Firing Range ..................................... 7,600 7,600 


smartinez on DSKB9S0YB1PROD with BILLS
817 

HR 5136 PCS1S 

Army: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

MD Aberdeen Proving 

Ground ....................... Auto Tech Evaluate Facility, Ph 2 .............. 14,600 14,600 

MD Fort Meade ..................... Wideband SATCOM Operations Center ....... 25,000 25,000 

MO Fort Leonard Wood ....... General Instruction Building ........................ 7,000 7,000 

MO Fort Leonard Wood ....... Brigade Headquarters .................................. 12,200 12,200 

MO Fort Leonard Wood ....... Information Systems Facility ....................... 15,500 15,500 

MO Fort Leonard Wood ....... Training Barracks ........................................ 19,000 19,000 

MO Fort Leonard Wood ....... Barracks ....................................................... 29,000 29,000 

MO Fort Leonard Wood ....... Transient Advanced Trainee Barracks, Ph 2 29,000 29,000 

NC Fort Bragg ..................... Vehicle Maintenance Shop ............................ 7,500 7,500 

NC Fort Bragg ..................... Dining Facility .............................................. 11,200 11,200 

NC Fort Bragg ..................... Company Operations Facilities ..................... 12,600 12,600 

NC Fort Bragg ..................... Staging Area Complex .................................. 14,600 14,600 

NC Fort Bragg ..................... Murchison Road Right of Way Acquisition .. 17,000 17,000 

NC Fort Bragg ..................... Student Barracks .......................................... 18,000 18,000 

NC Fort Bragg ..................... Brigade Complex ........................................... 25,000 25,000 

NC Fort Bragg ..................... Vehicle Maintenance Shop ............................ 28,000 28,000 

NC Fort Bragg ..................... Battalion Complex ........................................ 33,000 33,000 

NC Fort Bragg ..................... Brigade Complex ........................................... 41,000 41,000 

NC Fort Bragg ..................... Brigade Complex ........................................... 50,000 50,000 

NC Fort Bragg ..................... Command and Control Facility .................... 53,000 53,000 

NM White Sands ................... Barracks ....................................................... 29,000 29,000 

NY U.S. Military Academy ... Urban Assault Course ................................... 1,700 1,700 

NY Fort Drum ..................... Alert Holding Area Facility .......................... 6,700 6,700 

NY Fort Drum ..................... Infantry Squad Battle Course ...................... 8,200 8,200 

NY Fort Drum ..................... Aircraft Fuel Storage Complex ..................... 14,600 14,600 

NY Fort Drum ..................... Aircraft Maintenance Hangar ...................... 16,500 16,500 

NY Fort Drum ..................... Training Aids Center .................................... 18,500 18,500 

NY Fort Drum ..................... Brigade Complex, Ph 1 ................................. 55,000 55,000 

NY Fort Drum ..................... Transient Training Barracks ........................ 55,000 55,000 

NY Fort Drum ..................... Battalion Complex ........................................ 61,000 61,000 

NY U.S. Military Academy ... Science Facility, Ph 2 ................................... 130,624 130,624 

OK McAlester ....................... Igloo Storage, Depot Level ........................... 3,000 3,000 

OK Fort Sill .......................... Museum Operations Support Building ......... 12,800 12,800 

OK Fort Sill .......................... General Purpose Storage Building ............... 13,800 13,800 

SC Fort Jackson .................. Training Aids Center .................................... 17,000 17,000 

SC Fort Jackson .................. Trainee Barracks .......................................... 28,000 28,000 

SC Fort Jackson .................. Trainee Barracks Complex, Ph 1 ................. 46,000 46,000 

TX Fort Bliss ....................... Light Demolition Range ............................... 2,100 2,100 

TX Fort Hood ...................... Live Fire Exercise Shoothouse ..................... 2,100 2,100 

TX Fort Hood ...................... Urban Assault Course ................................... 2,450 2,450 

TX Fort Bliss ....................... Urban Assault Course ................................... 2,800 2,800 

TX Fort Bliss ....................... Squad Defense Range ................................... 3,000 3,000 

TX Fort Bliss ....................... Live Fire Exercise Shoothouse ..................... 3,150 3,150 

TX Fort Hood ...................... Convoy Live Fire .......................................... 3,200 3,200 

TX Fort Bliss ....................... Heavy Sniper Range ..................................... 3,500 3,500 

TX Fort Hood ...................... Company Operations Facilities ..................... 4,300 4,300 

TX Fort Sam Houston ......... Training Aids Center .................................... 6,200 6,200 

TX Fort Bliss ....................... Automated Multipurpose Machine Gun 

Range ........................................................ 6,700 6,700 

TX Fort Bliss ....................... Vehicle Bridge Overpass ............................... 8,700 8,700 

TX Corpus Christi NAS ....... Rotor Blade Processing Facility, Ph 2 ......... 13,400 13,400 

TX Fort Bliss ....................... Indoor Swimming Pool ................................. 15,500 15,500 

TX Fort Bliss ....................... Scout/Reconnaissance Crew Engagement 

Gunnery Complex ...................................... 15,500 15,500 

TX Fort Sam Houston ......... Simulations Center ....................................... 16,000 16,000 

TX Fort Bliss ....................... Theater High Altitude Area Defense Battery Complex ............................................. 17,500 17,500 

TX Fort Bliss ....................... Company Operations Facilities ..................... 18,500 18,500 

TX Fort Bliss ....................... Digital Multipurpose Training Range .......... 22,000 22,000 

TX Fort Bliss ....................... Transient Training Complex ......................... 31,000 31,000 

TX Fort Hood ...................... Brigade Complex ........................................... 38,000 38,000 

TX Fort Hood ...................... Battalion Complex ........................................ 40,000 40,000 

TX Fort Hood ...................... Unmanned Aerial System Hangar ................ 55,000 55,000 

VA Fort A.P. Hill ................ Known Distance Range ................................ 3,800 3,800 

VA Fort A.P. Hill ................ Light Demolition Range ............................... 4,100 4,100 

VA Fort Lee ......................... Company Operations Facility ....................... 4,900 4,900 

VA Fort Lee ......................... Training Aids Center .................................... 5,800 5,800 

VA Fort A.P. Hill ................ Indoor Firing Range ..................................... 6,200 6,200 

VA Fort Lee ......................... Automated Qualification Training Range .... 7,700 7,700 

VA Fort A.P. Hill ................ 1200 Meter Range ........................................ 14,500 14,500 

VA Fort Eustis ..................... Warrior in Transition Complex .................... 18,000 18,000 

VA Fort Lee ......................... Museum Operations Support Building ......... 30,000 30,000 

VA Fort A.P. Hill ................ Military Operation Urban Terrain Collective 

Training Facility ....................................... 65,000 65,000 

WA Yakima ........................... Sniper Field Fire Range ............................... 3,750 3,750 

WA Fort Lewis ...................... Rappelling Training Area ............................. 5,300 5,300 

WA Fort Lewis ...................... Regional Logistic Support Complex Warehouse ......................................................... 16,500 16,500 


smartinez on DSKB9S0YB1PROD with BILLS
818 

HR 5136 PCS1S 

Army: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

WA Fort Lewis ...................... Barracks Complex ......................................... 40,000 40,000 

WA Fort Lewis ...................... Barracks ....................................................... 47,000 47,000 

WA Fort Lewis ...................... Regional Logistic Support Complex ............. 63,000 63,000 

ZU Various ........................... Training Barracks ........................................ 190,000 190,000 

1 (b) OUTSIDE THE UNITED STATES.—The Secretary 

2 of the Army may acquire real property and carry out mili3 tary construction projects for the installations or locations 

4 outside the United States, and subject to the purpose, 

5 total amount authorized, and authorization of appropria6 tions specified for each project, set forth in the following 

7 table: 

Army: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Bagram AB ...................... Joint Defense Operations Center ............... 2,800 2,800 

AF Bagram AB ...................... Entry Control Point ................................... 7,500 7,500 

AF Bagram AB ...................... Eastside Electrical Distribution ................. 10,400 10,400 

AF Bagram AB ...................... Consolidated Community Support Area ..... 14,800 14,800 

AF Bagram AB ...................... Barracks ..................................................... 18,000 18,000 

AF Bagram AB ...................... Army Aviation HQ Facilities ..................... 19,000 19,000 

AF Bagram AB ...................... Eastside Utilities Infrastructure ................ 29,000 29,000 

GY Wiesbaden AB .................. Command and Battle Center, Incr 2 ......... 0 59,500 

GY Wiesbaden AB .................. Construct New Access Control Point ......... 5,100 5,100 

GY Sembach AB ..................... Confinement Facility .................................. 9,100 9,100 

GY Ansbach ............................ Physical Fitness Center ............................. 13,800 13,800 

GY Grafenwoehr ..................... Barracks ..................................................... 17,500 17,500 

GY Ansbach ............................ Vehicle Maintenance Shop ......................... 18,000 18,000 

GY Grafenwoehr ..................... Barracks ..................................................... 19,000 19,000 

GY Grafenwoehr ..................... Barracks ..................................................... 19,000 19,000 

GY Grafenwoehr ..................... Barracks ..................................................... 20,000 20,000 

GY Wiesbaden AB .................. Information Processing Center .................. 30,400 30,400 

GY Rhine Ordnance Barracks Barracks Complex ...................................... 35,000 35,000 

GY Wiesbaden AB .................. Sensitive Compartmented Information Facility Inc 1 .............................................. 91,000 46,000 

HO Soto Cano AB .................. Barracks ..................................................... 20,400 20,400 

IT Vicenza ............................. Brigade Complex - Barracks/Community, 

Incr 4 ...................................................... 0 13,000 

IT Vicenza ............................. Brigade Complex - Operations Support 

Facility, Incr 4 ....................................... 0 13,000 

KR Camp Walker .................... Electrical System Upgrade & Natural Gas 

System .................................................... 19,500 19,500 

8 (c) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) INSIDE THE UNITED STATES.—For military 

10 construction projects inside the United States au11 thorized by subsection (a), funds are hereby author12 ized to be appropriated for fiscal years beginning 


smartinez on DSKB9S0YB1PROD with BILLS
819 

HR 5136 PCS1S 

1 after September 30, 2010, in the total amount of 

2 $3,456,462,000. 

3 (2) OUTSIDE THE UNITED STATES.—For mili4 tary construction projects outside the United States 

5 authorized by subsection (b), funds are hereby au6 thorized to be appropriated for fiscal years begin7 ning after September 30, 2010, in the total amount 

8 of $459,800,000. 

9 (3) UNSPECIFIED MINOR MILITARY CONSTRUC10 TION PROJECTS.—For unspecified minor military 

11 construction projects authorized by section 2805 of 

12 title 10, United States Code, funds are hereby au13 thorized to be appropriated for fiscal years begin14 ning after September 30, 2010, in the total amount 

15 of $26,450,000. 

16 (4) HOST NATION SUPPORT AND CERTAIN

17 SERVICES AND DESIGN.—For host nation support 

18 and architectural and engineering services and con19 struction design under section 2807 of title 10, 

20 United States Code, funds are hereby authorized to 

21 be appropriated for fiscal years beginning after Sep22 tember 30, 2010, in the total amount of 

23 $255,462,000. 


smartinez on DSKB9S0YB1PROD with BILLS
820 

HR 5136 PCS1S 

1 SEC. 2102. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—The Sec3 retary of the Army may construct or acquire family hous4 ing units (including land acquisition and supporting facili5 ties) at the installations or locations, and subject to the 

6 purpose and number of units, total amount authorized, 

7 and authorization of appropriations specified for each 

8 project, set forth in the following table: 

Army: Family Housing 

(Amounts Are Specified In Thousands of Dollars) 

Location Installation or Location 

Purpose of Project 

and Number of Units 

Project 

Amount 

Authorization of 

Appropriations 

AK Fort Wainwright ........... Family Housing Replacement Construction (110 units) ......................... 21,000 21,000 

GY Baumholder .................. Family Housing Replacement Construction (64 units) ........................... 34,329 34,329 

9 (b) PLANNING AND DESIGN.—The Secretary of the 

10 Army may carry out architectural and engineering services 

11 and construction design activities with respect to the con12 struction or improvement of family housing units in an 

13 amount not to exceed $2,040,000. 

14 (c) IMPROVEMENTS TO MILITARY FAMILY HOUSING

15 UNITS.—Subject to section 2825 of title 10, United States 

16 Code, the Secretary of the Army may improve existing 

17 military family housing units in an amount not to exceed 

18 $35,000,000. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Funds 

20 are hereby authorized to be appropriated for fiscal years 

21 beginning after September 30, 2010— 


smartinez on DSKB9S0YB1PROD with BILLS
821 

HR 5136 PCS1S 

1 (1) for construction and acquisition, planning 

2 and design, and improvement of military family 

3 housing and facilities authorized by subsections (a), 

4 (b), and (c) in the total amount of $92,369,000; and 

5 (2) for support of military family housing (in6 cluding the functions described in section 2833 of 

7 title 10, United States Code), in the total amount of 

8 $518,140,000. 

9 SEC. 2103. USE OF UNOBLIGATED ARMY MILITARY CON10 STRUCTION FUNDS IN CONJUNCTION WITH 

11 FUNDS PROVIDED BY THE COMMONWEALTH 

12 OF VIRGINIA TO CARRY OUT CERTAIN FISCAL 

13 YEAR 2002 PROJECT. 

14 (a) FIRE STATION AT FORT BELVOIR, VIRGINIA.— 

15 Section 2836(d) of the Military Construction Authoriza16 tion Act for Fiscal Year 2002 (division B of Public Law 

17 107–107; 115 Stat. 1314), as most recently amended by 

18 section 2849 of the John Warner National Defense Au19 thorization Act for Fiscal Year 2007 (Public Law 109– 

20 364; 120 Stat. 2486), is further amended— 

21 (1) in paragraph (2), by inserting ‘‘through a 

22 project for construction of an Army standard-design, 

23 two-company fire station at Fort Belvoir, Virginia,’’ 

24 after ‘‘Building 191’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
822 

HR 5136 PCS1S 

1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) The Secretary may use up to $3,900,000 of 

4 available, unobligated Army military construction funds 

5 appropriated for a fiscal year before fiscal year 2011, in 

6 conjunction with the funds provided under paragraph (1), 

7 for the project described in paragraph (2).’’. 

8 (b) CONGRESSIONAL NOTIFICATION.—The Secretary 

9 of the Army shall provide information, in accordance with 

10 section 2851(c) of title 10, United States Code, regarding 

11 the project described in the amendment made by sub12 section (a). If it becomes necessary to exceed the estimated 

13 project cost of $8,780,000, including $4,880,000 contrib14 uted by the Commonwealth of Virginia, the Secretary shall 

15 utilize the authority provided by section 2853 of such title 

16 regarding authorized cost and scope of work variations. 

17 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

18 CERTAIN FISCAL YEAR 2009 PROJECT. 

19 The table in section 2101(b) of the Military Con20 struction Authorization Act for Fiscal Year 2009 (division 

21 B of Public Law 110–417; 122 Stat. 4661) is amended 

22 by striking ‘‘Katterbach’’ and inserting ‘‘Grafenwoehr’’. 


smartinez on DSKB9S0YB1PROD with BILLS
823 

HR 5136 PCS1S 

1 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2010 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2101(a) of the Military Construction Authoriza5 tion Act for Fiscal Year 2010 (division B of Public Law 

6 111–84; 123 Stat. 2628) for Fort Riley, Kansas, for con7 struction of a Brigade Complex at the installation, the 

8 Secretary of the Army may construct up to a 40,100 

9 square-feet brigade headquarters consistent with the 

10 Army’s construction guidelines for brigade headquarters. 

11 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

12 FISCAL YEAR 2008 PROJECTS. 

13 (a) EXTENSION.—Notwithstanding section 2002 of 

14 the Military Construction Authorization Act for Fiscal 

15 Year 2008 (division B of Public Law 110–181; 122 Stat. 

16 503), authorizations set forth in the table in subsection 

17 (b), as provided in section 2101 of that Act (122 Stat. 

18 504), shall remain in effect until October 1, 2011, or the 

19 date of the enactment of an Act authorizing funds for mili20 tary construction for fiscal year 2012, whichever is later. 

21 (b) TABLE.—The table referred to in subsection (a) 

22 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 ............ $51,000,000 

Louisiana ......... Fort Polk ............... Brigade Headquarters ...... $9,800,000 


smartinez on DSKB9S0YB1PROD with BILLS
824 

HR 5136 PCS1S 

Army: Extension of 2008 Project Authorizations—Continued 

State Installation or 

Location Project Amount 

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 

1 TITLE XXII—NAVY MILITARY 

2 CONSTRUCTION 

3 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS AND AUTHORIZA5 TION OF APPROPRIATIONS. 

6 (a) INSIDE THE UNITED STATES.—The Secretary of 

7 the Navy may acquire real property and carry out military 

8 construction projects for the installations or locations in9 side the United States, and subject to the purpose, total 

10 amount authorized, and authorization of appropriations 

11 specified for each project, set forth in the following table: 

Navy: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AL Mobile ............................. T-6 Outlying Landing Field ......................... 29,082 29,082 

AZ Yuma .............................. Aircraft Maintenance Hangar ...................... 40,600 40,600 

AZ Yuma .............................. Aircraft Maintenance Hangar ...................... 63,280 63,280 

AZ Yuma .............................. Communications Infrastructure Upgrade ..... 63,730 63,730 

AZ Yuma .............................. Intermediate Maintenance Activity Facility 21,480 21,480 

AZ Yuma .............................. Simulator Facility ......................................... 36,060 36,060 

AZ Yuma .............................. Utilities Infrastructure Upgrades ................. 44,320 44,320 

AZ Yuma .............................. Van Pad Complex Relocation ....................... 15,590 15,590 

CA Coronado NB ................. Maritime Expeditionary Security Group-One 

(MESG-1) Consolidated Boat Maintenance Facility ............................................ 6,890 6,890 

CA Monterey NSA ............... International Academic Instruction Building 11,960 11,960 

CA Camp Pendleton ............. Bachelor Enlisted Quarters - 13 Area .......... 42,864 42,864 

CA Camp Pendleton ............. Bachelor Enlisted Quarters - Las Flores ..... 37,020 37,020 

CA Camp Pendleton ............. Center for Naval Aviation Technical Training/Fleet Replacement Squadron - Aviation Training and Bachelor Enlisted 

Quarters .................................................... 66,110 66,110 

CA Camp Pendleton ............. Conveyance/Water Treatment ....................... 100,700 100,700 

CA Camp Pendleton ............. Marine Aviation Logistics Squadron-39 

Maintenance Hangar Expansion ............... 48,230 48,230 

CA Camp Pendleton ............. Marine Corps Energy Initiative .................... 9,950 9,950 

CA Camp Pendleton ............. North Region Tert Treat Plant (Incremented) ..................................................... 0 30,000 

CA Camp Pendleton ............. Small Arms Magazine - Edson Range .......... 3,760 3,760 

CA Camp Pendleton ............. Truck Company Operations Complex ........... 53,490 53,490 

CA Coronado ........................ Rotary Hangar .............................................. 67,160 67,160 


smartinez on DSKB9S0YB1PROD with BILLS
825 

HR 5136 PCS1S 

Navy: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

CA Miramar ......................... Aircraft Maintenance Hangar ...................... 90,490 90,490 

CA Miramar ......................... Hangar 4 ...................................................... 33,620 33,620 

CA Miramar ......................... Parking Apron/ Taxiway Expansion ............. 66,500 66,500 

CA San Diego ....................... Bachelor Enlisted Quarters, Homeport 

Ashore ....................................................... 75,342 75,342 

CA San Diego ....................... Berthing Pier 12 Replace & Dredging, Ph 1 108,414 108,414 

CA San Diego ....................... Marine Corps Energy Initiative .................... 9,950 9,950 

CA Twentynine Palms .......... Bachelor Enlisted Quarters & Parking 

Structure ................................................... 53,158 53,158 

FL Panama City NSA ......... Purchase 9 Acres .......................................... 5,960 5,960 

FL Blount Island ................. Consolidated Warehouse Facility .................. 17,260 17,260 

FL Blount Island ................. Container Staging and Loading Lot ............ 5,990 5,990 

FL Blount Island ................. Container Storage Lot .................................. 4,910 4,910 

FL Blount Island ................. Hardstand Extension .................................... 17,930 17,930 

FL Blount Island ................. Paint and Blast Facility ............................... 18,840 18,840 

FL Blount Island ................. Washrack Expansion .................................... 9,690 9,690 

FL Tampa ............................ Joint Comms Support Element Vehicle 

Paint Facility ............................................ 2,300 2,300 

GA Albany MCLB ................ Maintenance Center Test Firing Range ....... 5,180 5,180 

GA Kings Bay ...................... Security Enclave & Vehicle Barriers ............ 45,004 45,004 

GA Kings Bay ...................... Waterfront Emergency Power ...................... 15,660 15,660 

HI Camp Smith ................... Physical Fitness Center ................................ 29,960 29,960 

HI Kaneohe Bay .................. Bachelor Enlisted Quarters .......................... 90,530 90,530 

HI Kaneohe Bay .................. Waterfront Operations Facility .................... 19,130 19,130 

HI Pearl Harbor .................. Center for Disaster Mgt/Humanitarian Assistance ...................................................... 9,140 9,140 

HI Pearl Harbor .................. Joint POW/MIA Accounting Command ....... 99,328 99,328 

MD Patuxent River NAS ...... Atlantic Test Range Addition ....................... 10,160 10,160 

MD Indian Head ................... Agile Chemical Facility, Ph 2 ....................... 34,238 34,238 

MD Patuxent River ............... Broad Area Maritime Surveillance & E Facility .......................................................... 42,211 42,211 

ME Portsmouth NSY ............ Structural Shops Addition, Ph 1 .................. 11,910 11,910 

NC Camp Lejeune ................ 2nd Intel Battalion Maintenance/Ops Complex ............................................................ 90,270 90,270 

NC Camp Lejeune ................ Armory- II MEF - Wallace Creek ................ 12,280 12,280 

NC Camp Lejeune ................ Bachelor Enlisted Quarters - Courthouse 

Bay ............................................................ 40,780 40,780 

NC Camp Lejeune ................ Bachelor Enlisted Quarters - Courthouse 

Bay ............................................................ 42,330 42,330 

NC Camp Lejeune ................ Bachelor Enlisted Quarters - French Creek 43,640 43,640 

NC Camp Lejeune ................ Bachelor Enlisted Quarters - Rifle Range .... 55,350 55,350 

NC Camp Lejeune ................ Bachelor Enlisted Quarters - Wallace Creek 51,660 51,660 

NC Camp Lejeune ................ Bachelor Enlisted Quarters - Wallace Creek 

North ......................................................... 46,290 46,290 

NC Camp Lejeune ................ Bachelor Enlisted Quarters - Camp Johnson 46,550 46,550 

NC Camp Lejeune ................ Explosive Ordnance Disposal Unit Addition 

- 2nd Marine Logistics Group .................. 7,420 7,420 

NC Camp Lejeune ................ Hangar .......................................................... 73,010 73,010 

NC Camp Lejeune ................ Maintenance Hangar .................................... 74,260 74,260 

NC Camp Lejeune ................ Maintenance/Ops Complex - 2ND Air Naval 

Gunfire Liaison Company ......................... 36,100 36,100 

NC Camp Lejeune ................ Marine Corps Energy Initiative .................... 9,950 9,950 

NC Camp Lejeune ................ Mess Hall - French Creek ............................ 25,960 25,960 

NC Camp Lejeune ................ Mess Hall Addition - Courthouse Bay .......... 2,553 2,553 

NC Camp Lejeune ................ Motor Transportation/Communications 

Maintenance Facility ................................. 18,470 18,470 

NC Camp Lejeune ................ Utility Expansion - Hadnot Point ................ 56,470 56,470 

NC Camp Lejeune ................ Utility Expansion - French Creek ................ 56,050 56,050 

NC Cherry Point Marine 

Corps Air Station ....... Bachelor Enlisted Quarters .......................... 42,500 42,500 

NC Cherry Point Marine 

Corps Air Station ....... Mariners Bay Land Acquisition - Bogue ...... 3,790 3,790 

NC Cherry Point Marine 

Corps Air Station ....... Missile Magazine ........................................... 13,420 13,420 

NC Cherry Point Marine 

Corps Air Station ....... Station Infrastructure Upgrades .................. 5,800 5,800 

RI Newport .......................... Electromagnetic Facility ............................... 27,007 27,007 

SC Beaufort ......................... Air Installation Compatible Use Zone Land 

Acquisition ................................................ 21,190 21,190 

SC Beaufort ......................... Aircraft Hangar ............................................ 46,550 46,550 

SC Beaufort ......................... Physical Fitness Center ................................ 15,430 15,430 

SC Beaufort ......................... Training and Simulator Facility ................... 46,240 46,240 

TX Kingsville NAS ............... Youth Center ................................................ 2,610 2,610 

VA Norfolk ........................... Pier 9 & 10 Upgrades for DDG 1000 .......... 2,400 2,400 

VA Norfolk ........................... Pier 1 Upgrades to Berth USNS Comfort ... 10,035 10,035 

VA Portsmouth ..................... Ship Repair Pier Replacement ..................... 0 100,000 

VA Quantico ......................... Academic Facility Addition - Staff Non 

Commissioned Officer Academy ................ 12,080 12,080 


smartinez on DSKB9S0YB1PROD with BILLS
826 

HR 5136 PCS1S 

Navy: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

VA Quantico ......................... Bachelor Enlisted Quarters .......................... 37,810 37,810 

VA Quantico ......................... Research Center Addition - MCU ................. 37,920 37,920 

VA Quantico ......................... Student Officer Quarters - The Basic School 55,822 55,822 

WA Kitsap NB ...................... Charleston Gate ECP Improvements ........... 6,150 6,150 

WA Bangor ............................ Commander Submarine Development Squadron 5 Laboratory Expansion Ph1 ............. 16,170 16,170 

WA Bangor ............................ Limited Area Emergency Power ................... 15,810 15,810 

WA Bangor ............................ Waterfront Restricted Area Emergency 

Power ........................................................ 24,913 24,913 

WA Bremerton ...................... Limited Area Product/STRG Complex (incremented) ................................................ 0 19,116 

1 (b) OUTSIDE THE UNITED STATES.—The Secretary 

2 of the Navy may acquire real property and carry out mili3 tary construction projects for the installations or locations 

4 outside the United States, and subject to the purpose, 

5 total amount authorized, and authorization of appropria6 tions specified for each project, set forth in the following 

7 table: 

Navy: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

BI SW Asia ............................ Navy Central Command Ammunition Magazines ...................................................... 89,280 89,280 

BI SW Asia ............................ Operations and Support Facilities ............. 60,002 60,002 

BI SW Asia ............................ Waterfront Development, Ph 3 .................. 63,871 63,871 

DJ Camp Lemonier ................ Camp Lemonier HQ Facility ..................... 12,407 12,407 

DJ Camp Lemonier ................ General Warehouse .................................... 7,324 7,324 

DJ Camp Lemonier ................ Horn of Africa Joint Operations Center .... 28,076 28,076 

DJ Camp Lemonier ................ Pave External Roads .................................. 3,824 3,824 

JA Atsugi ............................... MH-60R/S Trainer Facility ....................... 6,908 6,908 

ML Guam ................................ Anderson AFB North Ramp Parking, Ph 

1, Inc 2 ................................................... 0 93,588 

ML Guam ................................ Anderson AFB North Ramp Utilities, Ph 

1, Inc 2 ................................................... 0 79,350 

ML Guam ................................ Apra Harbor Wharves Improvements, Ph 

1 ............................................................. 0 40,000 

ML Guam ................................ Defense Access Roads Improvements ........ 66,730 66,730 

ML Guam ................................ Finegayan Site Prep and Utilities ............. 147,210 147,210 

SP Rota .................................. Air Traffic Control Tower .......................... 23,190 23,190 

8 (c) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) INSIDE THE UNITED STATES.—For military 

10 construction projects inside the United States au11 thorized by subsection (a), funds are hereby author12 ized to be appropriated for fiscal years beginning 


smartinez on DSKB9S0YB1PROD with BILLS
827 

HR 5136 PCS1S 

1 after September 30, 2010, in the total amount of 

2 $3,077,237,000. 

3 (2) OUTSIDE THE UNITED STATES.—For mili4 tary construction projects outside the United States 

5 authorized by subsection (b), funds are hereby au6 thorized to be appropriated for fiscal years begin7 ning after September 30, 2010, in the total amount 

8 of $721,760,000. 

9 (3) UNSPECIFIED MINOR MILITARY CONSTRUC10 TION PROJECTS.—For unspecified minor military 

11 construction projects authorized by section 2805 of 

12 title 10, United States Code, funds are hereby au13 thorized to be appropriated for fiscal years begin14 ning after September 30, 2010, in the total amount 

15 of $20,877,000. 

16 (4) ARCHITECTURAL AND ENGINEERING SERV17 ICES AND CONSTRUCTION DESIGN.—For architec18 tural and engineering services and construction de19 sign under section 2807 of title 10, United States 

20 Code, funds are hereby authorized to be appro21 priated for fiscal years beginning after September 

22 30, 2010, in the total amount of $121,765,000. 

23 None of the funds appropriated pursuant to this au24 thorization of appropriations may be used for archi25 tectural and engineering services and construction 


smartinez on DSKB9S0YB1PROD with BILLS
828 

HR 5136 PCS1S 

1 design of any military construction project necessary 

2 to establish a homeport for a nuclear-powered air3 craft carrier at Naval Station Mayport, Florida. 

4 SEC. 2202. FAMILY HOUSING. 

5 (a) CONSTRUCTION AND ACQUISITION.—The Sec6 retary of the Navy may construct or acquire family hous7 ing units (including land acquisition and supporting facili8 ties) at the installations or locations, and subject to the 

9 purpose and number of units, total amount authorized, 

10 and authorization of appropriations specified for each 

11 project, set forth in the following table: 

Navy: Family Housing 

(Amounts Are Specified In Thousands of Dollars) 

Location Installation or Location 

Purpose of Project 

and Number of Units 

Project 

Amount 

Authorization of 

Appropriations 

GB Guantanamo Bay .......... Replace GTMO Housing ....................... 37,169 37,169 

12 (b) PLANNING AND DESIGN.—The Secretary of the 

13 Navy may carry out architectural and engineering services 

14 and construction design activities with respect to the con15 struction or improvement of family housing units in an 

16 amount not to exceed $3,255,000. 

17 (c) IMPROVEMENTS TO MILITARY FAMILY HOUSING

18 UNITS.—Subject to section 2825 of title 10, United States 

19 Code, the Secretary of the Navy may improve existing 

20 military family housing units in an amount not to exceed 

21 $146,020,000. 


smartinez on DSKB9S0YB1PROD with BILLS
829 

HR 5136 PCS1S 

1 (d) AUTHORIZATION OF APPROPRIATIONS.—Funds 

2 are hereby authorized to be appropriated for fiscal years 

3 beginning after September 30, 2010— 

4 (1) for construction and acquisition, planning 

5 and design, and improvement of military family 

6 housing and facilities authorized by subsections (a), 

7 (b), and (c) in the total amount of $186,444,000; 

8 and 

9 (2) for support of military family housing (in10 cluding the functions described in section 2833 of 

11 title 10, United States Code), in the total amount of 

12 $366,346,000. 

13 SEC. 2203. TECHNICAL AMENDMENT TO REFLECT MULTI14 INCREMENT FISCAL YEAR 2010 PROJECT. 

15 Section 2204 of the Military Construction Authoriza16 tion Act for Fiscal Year 2010 (division B of Public Law 

17 111–84; 123 Stat. 2634), is amended— 

18 (1) in subsection (a), by adding at the end the 

19 following new paragraph: 

20 ‘‘(14) For the construction of the first incre21 ment of a tertiary water treatment plant at Marine 

22 Corps Base, Camp Pendleton, California, authorized 

23 by section 2201(a), $112,330,000.’’; and 

24 (2) in subsection (b), by adding at the end the 

25 following new paragraph: 


smartinez on DSKB9S0YB1PROD with BILLS
830 

HR 5136 PCS1S 

1 ‘‘(7) $30,000,000 (the balance of the amount 

2 authorized under section 2201(a) for North Region 

3 Tertiary Treatment Plant, Camp Pendleton, Cali4 fornia).’’. 

5 SEC. 2204. EXTENSION OF AUTHORIZATION OF CERTAIN 

6 FISCAL YEAR 2008 PROJECT. 

7 (a) EXTENSION.—Notwithstanding section 2002 of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2008 (division B of Public Law 110–181; 122 Stat. 

10 503), the authorization set forth in the table in subsection 

11 (b), as provided in section 2201(c) of that Act (122 Stat. 

12 511), shall remain in effect until October 1, 2011, or the 

13 date of the enactment of an Act authorizing funds for mili14 tary construction for fiscal year 2012, whichever is later. 

15 (b) TABLE.—The table referred to in subsection (a) 

16 is as follows: 

Navy: Extension of 2008 Project Authorization 

Location Installation or 

Location Project Amount 

Worldwide ....... Unspecified ............ Host Nation Infrastructure.$2,700,000 


smartinez on DSKB9S0YB1PROD with BILLS
831 

HR 5136 PCS1S 

1 TITLE XXIII—AIR FORCE 

2 MILITARY CONSTRUCTION 

3 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

4 LAND ACQUISITION PROJECTS AND AUTHOR5 IZATION OF APPROPRIATIONS. 

6 (a) INSIDE THE UNITED STATES.—The Secretary of 

7 the Air Force may acquire real property and carry out 

8 military construction projects for the installations or loca9 tions inside the United States, and subject to the purpose, 

10 total amount authorized, and authorization of appropria11 tions specified for each project, set forth in the following 

12 table: 

Air Force: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AK Eielson AFB ................... Repair Central Heat Plant & Power Plant 

Boilers ....................................................... 28,000 28,000 

AK Elmendorf AFB ............. Add/Alter Air Support Operations Squadron 

Training .................................................... 4,749 4,749 

AK Elmendorf AFB ............. Construct Railhead Operations Facility ....... 15,000 15,000 

AK Elmendorf AFB ............. F-22 Add/Alter Weapons Release Systems 

Shop .......................................................... 10,525 10,525 

AL Maxwell AFB ................. ADAL Air University Library ...................... 13,400 13,400 

AZ Davis-Monthan AFB ...... Aerospace Maintenance and Regeneration 

Group Hangar ........................................... 25,000 25,000 

AZ Davis-Monthan AFB ...... HC-130 Aerospace Ground Equipment 

Maintenance Facility ................................. 4,600 4,600 

AZ Davis-Monthan AFB ...... HC-130J Aerial Cargo Facility .................... 10,700 10,700 

AZ Davis-Monthan AFB ...... HC-130J Parts Store ................................... 8,200 8,200 

AZ Fort Huachuca ............... Total Force Integration-Predator Launch 

and Recovery Element Beddown .............. 11,000 11,000 

CA Los Angeles AFB ........... Parking Garage, Ph 2 ................................... 4,500 4,500 

CO Buckley AFB .................. Security Forces Operations Facility ............. 12,160 12,160 

CO Peterson AFB ................ Rapid Attack Identification Detection Repair System Space Control Facility .......... 24,800 24,800 

CO U.S. Air Force Academy Const Center for Character & Leadership 

Development .............................................. 27,600 27,600 

DC Bolling AFB ................... Joint Air Defense Operations Center ........... 13,200 13,200 

DE Dover AFB ..................... C-5M/C-17 Maintenance Training Facility, 

Ph 2 .......................................................... 3,200 3,200 

FL Eglin AFB ...................... F-35 Fuel Cell Maintenance Hangar ........... 11,400 11,400 

FL Hurlburt Field ............... ADAL Special Operations School Facility ... 6,170 6,170 

FL Hurlburt Field ............... Add to Visiting Quarters (24 Rm) ............... 4,500 4,500 

FL Hurlburt Field ............... Base Logistics Facility ................................. 24,000 24,000 

FL Patrick AFB .................. Air Force Technical Application Center ....... 158,009 79,009 

GA Robins AFB ................... Warehouse ..................................................... 5,500 5,500 

LA Barksdale AFB .............. Weapons Load Crew Training Facility ........ 18,140 18,140 

MO Whiteman AFB .............. Consolidated Air Ops Facility ...................... 23,500 23,500 

NC Pope AFB ...................... Crash/Fire/Rescue Station ............................ 13,500 13,500 

ND Minot AFB ..................... Control Tower/Base Operations Facility ...... 18,770 18,770 

NJ McGuire AFB ................. Base Ops/Command Post Facility (TFI) ..... 8,000 8,000 

NJ McGuire AFB ................. Dormitory (120 RM) .................................... 18,440 18,440 

NM Holloman AFB ............... Parallel Taxiway, Runway 07/25 .................. 8,000 8,000 

NM Kirtland AFB ................. Replace Fire Station ..................................... 6,800 6,800 


smartinez on DSKB9S0YB1PROD with BILLS
832 

HR 5136 PCS1S 

Air Force: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

NM Cannon AFB .................. Dormitory (96 rm) ........................................ 14,000 14,000 

NM Cannon AFB .................. UAS Squadron Ops Facility ......................... 20,000 20,000 

NM Holloman AFB ............... UAS Add/Alter Maintenance Hangar ........... 15,470 15,470 

NM Holloman AFB ............... UAS Maintenance Hangar ........................... 22,500 22,500 

NM Kirtland AFB ................. Aerial Delivery Facility Addition .................. 3,800 3,800 

NM Kirtland AFB ................. Armament Shop ............................................ 6,460 6,460 

NM Kirtland AFB ................. H/MC-130 Fuel System Maintenance Facility .............................................................. 14,142 14,142 

NV Creech AFB ................... UAS Airfield Fire/Crash Rescue Station ...... 11,710 11,710 

NV Nellis AFB ..................... F-35 Add/Alter 422 Test Evaluation Squadron Facility ............................................... 7,870 7,870 

NV Nellis AFB ..................... F-35 Add/Alter Flight Test Instrumentation 

Facility ...................................................... 1,900 1,900 

NV Nellis AFB ..................... F-35 Flight Simulator Facility ..................... 13,110 13,110 

NV Nellis AFB ..................... F-35 Maintenance Hangar ........................... 28,760 28,760 

NY Fort Drum ..................... 20th Air Support Operations Squadron 

Complex ..................................................... 20,440 20,440 

OK Tinker AFB ................... Upgrade Building 3001 Infrastructure, Ph 3 14,000 14,000 

SC Charleston AFB ............. Civil Engineer Complex (TFI) - Ph 1 .......... 15,000 15,000 

TX Laughlin AFB ................ Community Event Complex .......................... 10,500 10,500 

TX Dyess AFB ..................... C-130J Add/Alter Flight Simulator Facility 4,080 4,080 

TX Ellington Field ............... Upgrade Unmanned Aerial Vehicle Maintenance Hangar ............................................ 7,000 7,000 

TX Lackland AFB ............... Basic Military Training Satellite Classroom/ 

Dining Facility No 2 ................................. 32,000 32,000 

TX Lackland AFB ............... One-Company Fire Station ........................... 5,500 5,500 

TX Lackland AFB ............... Recruit Dormitory, Ph 3 .............................. 67,980 67,980 

TX Lackland AFB ............... Recruit/Family Inprocessing & Info Center 21,800 21,800 

UT Hill AFB ........................ F-22 T-10 Engine Test Cell ......................... 2,800 2,800 

VA Langley AFB ................. F-22 Add/Alter Hangar Bay LO/CR Facility 8,800 8,800 

WY Camp Guernsey .............. Nuclear/Space Security Tactics Training 

Center ........................................................ 4,650 4,650 

1 (b) OUTSIDE THE UNITED STATES.—The Secretary 

2 of the Air Force may acquire real property and carry out 

3 military construction projects for the installations or loca4 tions outside the United States, and subject to the pur5 pose, total amount authorized, and authorization of appro6 priations specified for each project, set forth in the fol7 lowing table: 

Air Force: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

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 

BI SW Asia ............................ North Apron Expansion ............................. 45,000 45,000 

GU Andersen AFB .................. Combat Communications Operations Facility ........................................................... 9,200 9,200 

GU Andersen AFB .................. Commando Warrior Open Bay Student 

Barracks ................................................. 11,800 11,800 

GU Andersen AFB .................. Guam Strike Ops Group & Tanker Task 

Force ...................................................... 9,100 9,100 

GU Andersen AFB .................. Guam Strike South Ramp Utilities, Ph 1 12,200 12,200 

GU Andersen AFB .................. Red Horse Headquarters/Engineering Facility ........................................................ 8,000 8,000 

GY Kapaun ............................. Dormitory (128 RM) .................................. 19,600 19,600 

GY Ramstein AB .................... Unmanned Aerial System Satellite Communication Relay Pads & Facility .......... 10,800 10,800 


smartinez on DSKB9S0YB1PROD with BILLS
833 

HR 5136 PCS1S 

Air Force: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

GY Ramstein AFB ................. Construct C-130J Flight Simulator Facility ........................................................... 8,800 8,800 

GY Ramstein AFB ................. Deicing Fluid Storage & Dispensing Facility ........................................................... 2,754 2,754 

GY Vilseck .............................. Air Support Operations Squadron Complex 12,900 12,900 

IT Aviano AFB ...................... Air Support Operations Squadron Facility 10,200 10,200 

IT Aviano AFB ...................... Dormitory (144 RM) .................................. 19,000 19,000 

KR Kunsan AFB .................... Construct Distributed Mission Training 

Flight Simulator Facility ....................... 7,500 7,500 

QA Al Udeid ........................... Blatchford-Preston Complex Ph 2 ............. 62,300 62,300 

UK Royal Air Force 

Mildenhall ..................... Extend Taxiway Alpha ............................... 15,000 15,000 

1 (c) UNSPECIFIED WORLDWIDE.—The Secretary of 

2 the Air Force may acquire real property and carry out 

3 military construction projects at various unspecified in4 stallations or locations, and subject to the purpose, total 

5 amount authorized, and authorization of appropriations 

6 specified for each project, set forth in the following table: 

Air Force: Unspecified Worldwide 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

ZU Unspecified Worldwide Locations ........................... F-35 Academic Training Center ................ 54,150 54,150 

ZU Unspecified Worldwide Locations ........................... F-35 Flight Simulator Facility .................. 12,190 12,190 

ZU Various Worldwide Locations .............................. F-35 Squadron Operations Facility ........... 10,260 10,260 

7 (d) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) INSIDE THE UNITED STATES.—For military 

9 construction projects inside the United States au10 thorized by subsection (a), funds are hereby author11 ized to be appropriated for fiscal years beginning 

12 after September 30, 2010, in the total amount of 

13 $836,635,000. 

14 (2) OUTSIDE THE UNITED STATES.—For mili15 tary construction projects outside the United States 

16 authorized by subsection (b), funds are hereby auVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00833 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
834 

HR 5136 PCS1S 

1 thorized to be appropriated for fiscal years begin2 ning after September 30, 2010, in the total amount 

3 of $307,114,000. 

4 (3) UNSPECIFIED WORLDWIDE.—For the mili5 tary construction projects at unspecified worldwide 

6 locations authorized by subsection (c), funds are 

7 hereby authorized to be appropriated for fiscal years 

8 beginning after September 30, 2010, in the total 

9 amount of $76,600,000. 

10 (4) UNSPECIFIED MINOR MILITARY CONSTRUC11 TION PROJECTS.—For unspecified minor military 

12 construction projects authorized by section 2805 of 

13 title 10, United States Code, funds are hereby au14 thorized to be appropriated for fiscal years begin15 ning after September 30, 2010, in the total amount 

16 of $21,000,000. 

17 (5) ARCHITECTURAL AND ENGINEERING SERV18 ICES AND CONSTRUCTION DESIGN.—For architec19 tural and engineering services and construction de20 sign under section 2807 of title 10, United States 

21 Code, funds are hereby authorized to be appro22 priated for fiscal years beginning after September 

23 30, 2010, in the total amount of $74,424,000. 


smartinez on DSKB9S0YB1PROD with BILLS
835 

HR 5136 PCS1S 

1 SEC. 2302. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—The Sec3 retary of the Air Force may construct or acquire family 

4 housing units (including land acquisition and supporting 

5 facilities) at the installations or locations, and subject to 

6 the purpose and number of units, total amount authorized, 

7 and authorization of appropriations specified for each 

8 project, set forth in the following table: 

Air Force: Family Housing 

(Amounts Are Specified In Thousands of Dollars) 

Location Installation or Location 

Purpose of Project 

and Number of Units 

Project 

Amount 

Authorization of 

Appropriations 

ZU Various Worldwide locations .......................... Classified Project .................................. 50 50 

9 (b) PLANNING AND DESIGN.—The Secretary of the 

10 Air Force may carry out architectural and engineering 

11 services and construction design activities with respect to 

12 the construction or improvement of family housing units 

13 in an amount not to exceed $4,225,000. 

14 (c) IMPROVEMENTS TO MILITARY FAMILY HOUSING

15 UNITS.—Subject to section 2825 of title 10, United States 

16 Code, the Secretary of the Air Force may improve existing 

17 military family housing units in an amount not to exceed 

18 $73,750,000. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Funds 

20 are hereby authorized to be appropriated for fiscal years 

21 beginning after September 30, 2010— 

22 (1) for construction and acquisition, planning 

23 and design, and improvement of military family 


smartinez on DSKB9S0YB1PROD with BILLS
836 

HR 5136 PCS1S 

1 housing and facilities authorized by subsections (a), 

2 (b), and (c) in the total amount of $78,025,000; and 

3 (2) for support of military family housing (in4 cluding the functions described in section 2833 of 

5 title 10, United States Code), in the total amount of 

6 $513,792,000. 

7 SEC. 2303. EXTENSION OF AUTHORIZATION OF CERTAIN 

8 FISCAL YEAR 2007 PROJECT. 

9 (a) EXTENSION.—Notwithstanding section 2701 of 

10 the Military Construction Authorization Act for Fiscal 

11 Year 2007 (division B of Public Law 109–364; 120 Stat. 

12 2463), authorization set forth in the table in subsection 

13 (b), as provided in section 2302 of that Act (120 Stat. 

14 2455) and extended by section 2306 of the Military Con15 struction Authorization Act for Fiscal Year 2010 (division 

16 B of Public Law 111–84; 123 Stat. 2638), shall remain 

17 in effect until October 1, 2011, or the date of the enact18 ment of an Act authorizing funds for military construction 

19 for fiscal year 2012, whichever is later. 

20 (b) TABLE.—The table referred to in subsection (a) 

21 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 


smartinez on DSKB9S0YB1PROD with BILLS
837 

HR 5136 PCS1S 

1 TITLE XXIV—DEFENSE AGEN2 CIES MILITARY CONSTRUC3 TION 

4 Subtitle A—Defense Agency 

5 Authorizations 

6 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC7 TION AND LAND ACQUISITION PROJECTS 

8 AND AUTHORIZATION OF APPROPRIATIONS. 

9 (a) INSIDE THE UNITED STATES.—The Secretary of 

10 Defense may acquire real property and carry out military 

11 construction projects for the Defense Agencies at installa12 tions or locations inside the United States, and subject 

13 to the purpose, total amount authorized, and authorization 

14 of appropriations specified for each project, set forth in 

15 the following table: 

Defense Wide: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AZ Marana ........................... Special Operations Forces Parachute Training Facility ................................................ 6,250 6,250 

AZ Yuma .............................. Special Operations Forces Military Free 

Fall Simulator ........................................... 8,977 8,977 

CA Point Loma Annex ......... Replace Storage Facility, Incr 3 ................... 0 20,000 

CA Point Mugu .................... Aircraft Direct Fueling Station .................... 3,100 3,100 

CO Fort Carson .................... Special Operations Forces Tactical Unmanned Aerial Vehicle Hangar ................. 3,717 3,717 

DC Bolling AFB ................... Replace Parking Structure, Ph 1 ................. 3,000 3,000 

FL Eglin AFB ...................... Special Operations Forces Ground Support 

Battalion Detachment ............................... 6,030 6,030 

GA Augusta .......................... National Security Agency/Central Security 

Service Georgia Training Facility ............. 12,855 12,855 

GA Fort Benning ................. Dexter Elementary School Construct Gym .. 2,800 2,800 

GA Fort Benning ................. Special Operations Forces Company Support Facility .............................................. 20,441 20,441 

GA Fort Benning ................. Special Operations Forces Military Working 

Dog Kennel Complex ................................ 3,624 3,624 

GA Fort Stewart .................. Health Clinic Addition/Alteration ................. 35,100 35,100 

GA Hunter ANGS ................ Fuel Unload Facility ..................................... 2,400 2,400 

GA Hunter Army Airfield .... Special Operations Forces Tactical Equipment Maintenance Facility Expansion ..... 3,318 3,318 

HI Hickam AFB .................. Alter Fuel Storage Tanks ............................. 8,500 8,500 

HI Pearl Harbor .................. Naval Special Warfare Group 3 Command 

and Operations Facility ............................ 28,804 28,804 

ID Mountain Home AFB .... Replace Fuel Storage Tanks ........................ 27,500 27,500 

IL Scott Air Force Base ..... Field Command Facility Upgrade ................ 1,388 1,388 

KY Fort Campbell ................ Special Operations Forces Battalion Ops 

Complex ..................................................... 38,095 38,095 


smartinez on DSKB9S0YB1PROD with BILLS
838 

HR 5136 PCS1S 

Defense Wide: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

MA Hanscom AFB ............... Mental Health Clinic Addition ...................... 2,900 2,900 

MD Aberdeen Proving 

Ground ....................... US Army Medical Research Institute of Infectious Diseases Replacement, Inc 3 ....... 0 105,000 

MD Andrews AFB ................. Replace Fuel Storage & Distribution Facility .............................................................. 14,000 14,000 

MD Bethesda Naval Hospital National Naval Medical Center Parking Expansion ...................................................... 17,100 17,100 

MD Bethesda Naval Hospital Transient Wounded Warrior Lodging .......... 62,900 62,900 

MD Fort Detrick ................... Consolidated Logistics Facility ..................... 23,100 23,100 

MD Fort Detrick ................... Information Services Facility Expansion ...... 4,300 4,300 

MD Fort Detrick ................... National Interagency Biodefense Campus 

Security Fencing And Equipment ............ 2,700 2,700 

MD Fort Detrick ................... Supplemental Water Storage ........................ 3,700 3,700 

MD Fort Detrick ................... US Army Medical Research Institute of Infectious Diseases - Stage I, Inc 5 ............. 0 17,400 

MD Fort Detrick ................... Water Treatment Plant Repair & Supplement .......................................................... 11,900 11,900 

MD Fort Meade ..................... North Campus Utility Plant ......................... 219,360 219,360 

MS Stennis Space Center ..... Special Operations Forces Land Acquisition, 

Ph 3 .......................................................... 8,000 8,000 

NC Camp Lejeune ................ Tarawa Terrace I Elementary School Replace School ............................................... 16,646 16,646 

NC Fort Bragg ..................... McNair Elementary School - Replace School 23,086 23,086 

NC Fort Bragg ..................... Murray Elementary School - Replace School 22,000 22,000 

NC Fort Bragg ..................... Special Operations Forces Admin/Company 

Operations ................................................. 10,347 10,347 

NC Fort Bragg ..................... Special Operations Forces C4 Facility ......... 41,000 41,000 

NC Fort Bragg ..................... Special Operations Forces Joint Intelligence 

Brigade Facility ........................................ 32,000 32,000 

NC Fort Bragg ..................... Special Operations Forces Operational Communications Facility .................................. 11,000 11,000 

NC Fort Bragg ..................... Special Operations Forces Operations Additions .......................................................... 15,795 15,795 

NC Fort Bragg ..................... Special Operations Forces Operations Support Facility .............................................. 13,465 13,465 

NM Cannon AFB .................. Special Operations Forces ADD/ALT Simulator Facility For MC-130 ........................ 13,287 13,287 

NM Cannon AFB .................. Special Operations Forces Aircraft Parking 

Apron (MC-130j) ...................................... 12,636 12,636 

NM Cannon AFB .................. Special Operations Forces C-130 Parking 

Apron Phase I ........................................... 26,006 26,006 

NM Cannon AFB .................. Special Operations Forces Hangar/AMU 

(MC-130j) ................................................. 24,622 24,622 

NM Cannon AFB .................. Special Operations Forces Operations And 

Training Complex ..................................... 39,674 39,674 

NM White Sands ................... Health And Dental Clinics ........................... 22,900 22,900 

NY U.S. Military Academy ... West Point MS Add/Alt ................................ 27,960 27,960 

OH Columbus ........................ Replace Public Safety Facility ...................... 7,400 7,400 

PA Def Distribution Depot 

New Cumberland ........ Replace Headquarters Facility ..................... 96,000 96,000 

TX Fort Bliss ....................... Hospital Replacement, Incr 2 ....................... 0 147,100 

TX Lackland AFB ............... Ambulatory Care Center, Ph 2 ..................... 162,500 162,500 

UT Camp Williams ............... Comprehensive National Cybersecurity Initiative Data Center Increment 2 .............. 0 398,358 

VA Craney Island ................. Replace Fuel Pier ......................................... 58,000 58,000 

VA Fort Belvoir .................... Dental Clinic Replacement ........................... 6,300 6,300 

VA Pentagon ........................ Pentagon Metro & Corridor 8 Screening Facility .......................................................... 6,473 6,473 

VA Pentagon ........................ Power Plant Modernization, Ph 3 ................ 51,928 51,928 

VA Pentagon ........................ Secure Access Lane-Remote Vehicle Screening ............................................................. 4,923 4,923 

VA Quantico ......................... New Consolidated Elementary School .......... 47,355 47,355 

WA Fort Lewis ...................... Special Operations Forces Military Working 

Dogs Kennel .............................................. 4,700 4,700 

WA Fort Lewis ...................... Preventive Medicine Facility ......................... 8,400 8,400 

ZU Unspecified Locations .... General Reduction ........................................ -150,000 

1 (b) OUTSIDE THE UNITED STATES.—The Secretary 

2 of Defense may acquire real property and carry out mili3 tary construction projects for the Defense Agencies at the 


smartinez on DSKB9S0YB1PROD with BILLS
839 

HR 5136 PCS1S 

1 installations or locations outside the United States, and 

2 subject to the purpose, total amount authorized, and au3 thorization of appropriations specified for each project, set 

4 forth in the following table: 

Defense Wide: Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

BE Brussels .......................... NATO Headquarters Facility ....................... 31,863 31,863 

BE Brussels .......................... Replace Shape Middle School/High School ... 67,311 67,311 

GU Agana NAS .................... Hospital Replacement, Incr 2 ....................... 0 70,000 

GY Katterbach ...................... Health/Dental Clinic Replacement ............... 37,100 37,100 

GY Panzer Kaserne .............. Replace Boeblingen High School .................. 48,968 48,968 

GY Vilseck ............................ Health Clinic Add/Alt ................................... 34,800 34,800 

JA Kadena AB ..................... Install Fuel Filters-Separators ..................... 3,000 3,000 

JA Misawa AB ..................... Hydrant Fuel System ................................... 31,000 31,000 

KR Camp Carroll .................. Health/Dental Clinic Replacement ............... 19,500 19,500 

PR Fort Buchanan ............... Antilles Elementary School/Intermediate 

School - Replace School ............................ 58,708 58,708 

QA Al Udeid ......................... Qatar Warehouse .......................................... 1,961 1,961 

UK Menwith Hill Station ..... Menwith Hill Station PSC Construction - 

Generators 10 & 11 .................................. 2,000 2,000 

UK Royal Air Force 

Alconbury ................... Alconbury Elementary School Replacement 30,308 30,308 

UK Royal Air Force 

Mildenhall ................... Replace Hydrant Fuel Distribution System 15,900 15,900 

5 (c) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) INSIDE THE UNITED STATES.—For military 

7 construction projects inside the United States au8 thorized by subsection (a), funds are hereby author9 ized to be appropriated for fiscal years beginning 

10 after September 30, 2010, in the total amount of 

11 $1,930,120,000. 

12 (2) OUTSIDE THE UNITED STATES.—For mili13 tary construction projects outside the United States 

14 authorized by subsection (b), funds are hereby au15 thorized to be appropriated for fiscal years begin16 ning after September 30, 2010, in the total amount 

17 of $452,419,000. 


smartinez on DSKB9S0YB1PROD with BILLS
840 

HR 5136 PCS1S 

1 (3) 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 $42,856,000. 

8 (4) CONTINGENCY CONSTRUCTION.—For con9 tingency construction projects of the Secretary of 

10 Defense under section 2804 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 $10,000,000. 

14 (5) ARCHITECTURAL AND ENGINEERING SERV15 ICES AND CONSTRUCTION DESIGN.—For architec16 tural and engineering services and construction de17 sign under section 2807 of title 10, United States 

18 Code, funds are hereby authorized to be appro19 priated for fiscal years beginning after September 

20 30, 2010, in the total amount of $434,185,000. 

21 SEC. 2402. FAMILY HOUSING. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal years beginning after September 30, 2010— 

24 (1) for support of military family housing (in25 cluding the functions described in section 2833 of 


smartinez on DSKB9S0YB1PROD with BILLS
841 

HR 5136 PCS1S 

1 title 10, United States Code), in the total amount of 

2 $50,464,000; and 

3 (2) for credits to the Department of Defense 

4 Family Housing Improvement Fund under section 

5 2883 of title 10, United States Code, and the Home6 owners Assistance Fund established under section 

7 1013 of the Demonstration Cities and Metropolitan 

8 Development Act of 1966 (42 U.S.C. 3374), in the 

9 total amount of $17,611,000. 

10 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

12 are hereby authorized to be appropriated for fiscal years 

13 beginning after September 30, 2010, for energy conserva14 tion projects under chapter 173 of title 10, United States 

15 Code, $130,000,000. 

16 (b) AVAILABILITY OF FUNDS FOR RESERVE COMPO17 NENT PROJECTS.—Of the amount authorized to be appro18 priated by subsection (a) for energy conservation projects, 

19 the Secretary of Defense shall reserve a portion of the 

20 amount for energy conservation projects for the reserve 

21 components in an amount that is not less than an amount 

22 that bears the same proportion to the total amount au23 thorized to be appropriated as the total quantity of energy 

24 consumed by reserve facilities (as defined in section 

25 18232(2) of title 10, United States Code) during fiscal 


smartinez on DSKB9S0YB1PROD with BILLS
842 

HR 5136 PCS1S 

1 year 2010 bears to the total quantity of energy consumed 

2 by all military installations (as defined in section 

3 2687(e)(1) of such title) during that fiscal year, as deter4 mined by the Secretary. 

5 Subtitle B—Chemical 

6 Demilitarization Authorizations 

7 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM8 ICAL DEMILITARIZATION CONSTRUCTION, 

9 DEFENSE-WIDE. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal years beginning after September 30, 2010, for mili12 tary construction and land acquisition for chemical demili13 tarization in the total amount of $124,971,000, as follows: 

14 (1) For the construction of phase 12 of a chem15 ical munitions demilitarization facility at Pueblo 

16 Chemical Activity, Colorado, authorized by section 

17 2401(a) of the Military Construction Authorization 

18 Act for Fiscal Year 1997 (division B of Public Law 

19 104–201; 110 Stat. 2775), as amended by section 

20 2406 of the Military Construction Authorization Act 

21 for Fiscal Year 2000 (division B of Public Law 106– 

22 65; 113 Stat. 839), section 2407 of the Military 

23 Construction Authorization Act for Fiscal Year 2003 

24 (division B of Public Law 107–314; 116 Stat. 

25 2698), and section 2413 of the Military ConstrucVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00842 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
843 

HR 5136 PCS1S 

1 tion Authorization Act for Fiscal Year 2009 (divi2 sion B of Public Law 110–417; 122 Stat. 4697), 

3 $65,569,000. 

4 (2) For the construction of phase 11 of a muni5 tions demilitarization facility at Blue Grass Army 

6 Depot, Kentucky, authorized by section 2401(a) of 

7 the Military Construction Authorization Act for Fis8 cal Year 2000 (division B of Public Law 106–65; 

9 113 Stat. 835), as amended by section 2405 of the 

10 Military Construction Authorization Act for Fiscal 

11 Year 2002 (division B of Public Law 107–107; 115 

12 Stat. 1298), section 2405 of the Military Construc13 tion Authorization Act for Fiscal Year 2003 (divi14 sion B of Public Law 107–314; 116 Stat. 2698), 

15 and section 2414 of the Military Construction Au16 thorization Act for Fiscal Year 2009 (division B of 

17 Public Law 110–417; 122 Stat. 4697), $59,402,000. 

18 SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT 

19 CERTAIN FISCAL YEAR 2000 PROJECT. 

20 (a) MODIFICATION.—The table in section 2401(a) of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2000 (division B of Public Law 106–65; 113 Stat. 

23 835), as amended by section 2405 of the Military Con24 struction Authorization Act for Fiscal Year 2002 (division 

25 B of Public Law 107–107; 115 Stat. 1298), section 2405 


smartinez on DSKB9S0YB1PROD with BILLS
844 

HR 5136 PCS1S 

1 of the Military Construction Authorization Act for Fiscal 

2 Year 2003 (division B of Public Law 107–314; 116 Stat. 

3 2698), and section 2414 of the Military Construction Au4 thorization Act for Fiscal Year 2009 (division B of Public 

5 Law 110–417; 122 Stat. 4697), is amended— 

6 (1) under the agency heading relating to Chem7 ical Demilitarization, in the item relating to Blue 

8 Grass Army Depot, Kentucky, by striking 

9 ‘‘$492,000,000’’ in the amount column and inserting 

10 ‘‘$746,000,000’’; and 

11 (2) by striking the amount identified as the 

12 total in the amount column and inserting 

13 ‘‘$1,203,920,000’’. 

14 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) 

15 of the Military Construction Authorization Act for Fiscal 

16 Year 2000 (division B of Public Law 106–65; 113 Stat. 

17 839), as amended by section 2405 of the Military Con18 struction Authorization Act for Fiscal Year 2002 (division 

19 B of Public Law 107–107; 115 Stat. 1298), section 2405 

20 of the Military Construction Authorization Act for Fiscal 

21 Year 2003 (division B of Public Law 107–314; 116 Stat. 

22 2698), and section 2414 of the Military Construction Au23 thorization Act for Fiscal Year 2009 (division B of Public 

24 Law 110–417; 122 Stat. 4697), is amended by striking 

25 ‘‘$469,200,000’’ and inserting ‘‘$723,200,000’’. 


smartinez on DSKB9S0YB1PROD with BILLS
845 

HR 5136 PCS1S 

1 TITLE XXV—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

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. 


smartinez on DSKB9S0YB1PROD with BILLS
846 

HR 5136 PCS1S 

1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON4 STRUCTION AND LAND ACQUISITION 

5 PROJECTS AND AUTHORIZATION OF APPRO6 PRIATIONS. 

7 (a) INSIDE THE UNITED STATES.—The Secretary of 

8 the Army may acquire real property and carry out military 

9 construction projects for the Army National Guard loca10 tions inside the United States, and subject to the purpose, 

11 total amount authorized, and authorization of appropria12 tions specified for each project, set forth in the following 

13 table: 

Army National Guard: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AR Camp Robinson .............. Combined Support Maintenance Shop .......... 30,000 30,000 

AR Fort Chaffee ................... Combined Arms Collective Training Facility 19,000 19,000 

AR Fort Chaffee ................... Live Fire Shoot House ................................. 2,500 2,500 

AZ Florence .......................... Readiness Center .......................................... 16,500 16,500 

CA Camp Roberts ................ Combined Arms Collective Training Facility 19,000 19,000 

CO Watkins .......................... Parachute Maintenance Facility ................... 3,569 3,569 

CO Colorado Springs ............ Readiness Center .......................................... 20,000 20,000 

CO Fort Carson .................... Regional Training Institute .......................... 40,000 40,000 

CO Gypsum .......................... High Altitude Army Aviation Training Site/ 

Army Aviation Support Facility ............... 39,000 39,000 

CO Windsor .......................... Readiness Center .......................................... 7,500 7,500 

CT Windsor Locks ............... Readiness Center (Aviation) ......................... 41,000 41,000 

DE New Castle ..................... Armed Forces Reserve Center (JFHQ) ....... 27,000 27,000 

GA Cumming ........................ Readiness Center .......................................... 17,000 17,000 

GA Dobbins ARB ................. Readiness Center Add/Alt ............................. 10,400 10,400 

HI Kalaeloa .......................... Combined Support Maintenance Shop .......... 38,000 38,000 

ID Gowen Field ................... Barracks (Operational Readiness Training 

Complex) Ph1 ........................................... 17,500 17,500 

ID Mountain Home ............. Tactical Unmanned Aircraft System Facility 6,300 6,300 

IL Marseilles TA ................. Simulation Center ......................................... 2,500 2,500 

IL Springfield ...................... Combined Support Maintenance Shop Add/ 

Alt ............................................................. 15,000 15,000 

KS Wichita ........................... Field Maintenance Shop ............................... 24,000 24,000 

KS Wichita ........................... Readiness Center .......................................... 43,000 43,000 

KY Burlington ...................... Readiness Center .......................................... 19,500 19,500 

LA Fort Polk ........................ Tactical Unmanned Aircraft System Facility 5,500 5,500 

LA Minden ........................... Readiness Center .......................................... 28,000 28,000 

MA Hanscom AFB ............... Armed Forces Reserve Center (JFHQ) Ph2 23,000 23,000 

MD St. Inigoes ...................... Tactical Unmanned Aircraft System Facility 5,500 5,500 

MI Camp Grayling Range .... Combined Arms Collective Training Facility 19,000 19,000 

MN Arden Hills ..................... Field Maintenance Shop ............................... 29,000 29,000 

MN Camp Ripley ................... Infantry Squad Battle Course ...................... 4,300 4,300 

MN Camp Ripley ................... Tactical Unmanned Aircraft System Facility 4,450 4,450 

NC Morrisville ....................... AASF 1 Fixed Wing Aircraft Hangar Annex 8,815 8,815 

NC High Point ..................... Readiness Center Add/Alt ............................. 1,551 1,551 

ND Camp Grafton ................ Readiness Center Add/Alt ............................. 11,200 11,200 


smartinez on DSKB9S0YB1PROD with BILLS
847 

HR 5136 PCS1S 

Army National Guard: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

NE Lincoln ........................... Readiness Center Add/Alt ............................. 3,300 3,300 

NE Mead ............................... Readiness Center .......................................... 11,400 11,400 

NH Pembroke ....................... Barracks Facility (Regional Training Institute) .......................................................... 15,000 15,000 

NH Pembroke ....................... Classroom Facility (Regional Training Institute) .......................................................... 21,000 21,000 

NM Farmington .................... Readiness Center Add/Alt ............................. 8,500 8,500 

NV Las Vegas ....................... CST Ready Building ..................................... 8,771 8,771 

NY Ronkonkoma ................... Flightline Rehabilitation ............................... 2,780 2,780 

OH Camp Sherman ............... Maintenance Building Add/Alt ..................... 3,100 3,100 

RI Middletown ..................... Readiness Center Add/Alt ............................. 3,646 3,646 

RI East Greenwich .............. United States Property & Fiscal Office ........ 27,000 27,000 

SD Watertown ...................... Readiness Center .......................................... 25,000 25,000 

TX Camp Maxey ................... Combat Pistol/Military Pistol Qualification 

Course ....................................................... 2,500 2,500 

TX Camp Swift .................... Urban Assault Course ................................... 2,600 2,600 

WA Tacoma ........................... Combined Support Maintenance Shop .......... 25,000 25,000 

WI Wausau ........................... Field Maintenance Shop ............................... 12,008 12,008 

WI Madison .......................... Aircraft Parking ........................................... 5,700 5,700 

WV Moorefield ....................... Readiness Center .......................................... 14,200 14,200 

WV Morgantown ................... Readiness Center .......................................... 21,000 21,000 

WY Laramie .......................... Field Maintenance Shop ............................... 14,400 14,400 

ZU Various ........................... Various .......................................................... 60,000 60,000 

1 (b) OUTSIDE THE UNITED STATES.—The Secretary 

2 of the Army may acquire real property and carry out mili3 tary construction projects for the Army National Guard 

4 locations outside the United States, and subject to the 

5 purpose, total amount authorized, and authorization of ap6 propriations specified for each project, set forth in the fol7 lowing table: 

Army National Guard: Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

GU Barrigada ......................... Combined Support Maint Shop Ph1 .......... 19,000 19,000 

PR Camp Santiago ................. Live Fire Shoot House ............................... 3,100 3,100 

PR Camp Santiago ................. Multipurpose Machine Gun Range ............ 9,200 9,200 

VI St. Croix ........................... Readiness Center (JFHQ) ......................... 25,000 25,000 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Funds 

9 are hereby authorized to be appropriated to the Secretary 

10 of the Army for fiscal years beginning after September 

11 30, 2010, for the costs of acquisition, architectural and 

12 engineering services, and construction of facilities for the 

13 Army National Guard of the United States, and for conVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
848 

HR 5136 PCS1S 

1 tributions therefor, under chapter 1803 of title 10, United 

2 States Code (including the cost of acquisition of land for 

3 those facilities), in the total amount of $1,019,902,000. 

4 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

5 AND LAND ACQUISITION PROJECTS AND AU6 THORIZATION OF APPROPRIATIONS. 

7 (a) INSIDE THE UNITED STATES.—The Secretary of 

8 the Army may acquire real property and carry out military 

9 construction projects for the Army Reserve locations in10 side the United States, and subject to the purpose, total 

11 amount authorized, and authorization of appropriations 

12 specified for each project, set forth in the following table: 

Army Reserve: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

CA Fairfield ......................... Army Reserve Center .................................... 26,000 26,000 

CA Fort Hunter Liggett ...... Equipment Concentration Site Tactical 

Equipment Maint Facility ........................ 22,000 22,000 

CA Fort Hunter Liggett ...... Equipment Concentration Site Warehouse ... 15,000 15,000 

CA Fort Hunter Liggett ...... Grenade Launcher Range ............................. 1,400 1,400 

CA Fort Hunter Liggett ...... Hand Grenade Familiarization Range (Live) 1,400 1,400 

CA Fort Hunter Liggett ...... Light Demolition Range ............................... 2,700 2,700 

CA Fort Hunter Liggett ...... Tactical Vehicle Wash Rack ......................... 9,500 9,500 

FL North Fort Myers .......... Army Reserve Center/Land .......................... 13,800 13,800 

FL Orlando ........................... Army Reserve Center/Land .......................... 10,200 10,200 

FL Tallahassee ..................... Army Reserve Center/Land .......................... 10,400 10,400 

GA Macon ............................. Army Reserve Center/Land .......................... 11,400 11,400 

IA Des Moines ..................... Army Reserve Center .................................... 8,175 8,175 

IL Quincy ............................ Army Reserve Center/Land .......................... 12,200 12,200 

IN Michigan City ................. Army Reserve Center/Land .......................... 15,500 15,500 

MA Devens Reserve Forces 

Training Area ............. Automated Record Fire Range ..................... 4,700 4,700 

MO Belton ............................. Army Reserve Center .................................... 11,800 11,800 

NJ Fort Dix ......................... Automated Multipurpose Machine Gun 

Range ........................................................ 9,800 9,800 

NM Las Cruces ..................... Army Reserve Center/Land .......................... 11,400 11,400 

NY Binghamton .................... Army Reserve Center/Land .......................... 13,400 13,400 

TX Denton ............................ Army Reserve Center/Land .......................... 12,600 12,600 

TX Rio Grande ..................... Army Reserve Center/Land .......................... 6,100 6,100 

TX San Marcos .................... Army Reserve Center/Land .......................... 8,500 8,500 

VA Fort A.P. Hill ................ Army Reserve Center .................................... 15,500 15,500 

VA Roanoke .......................... Army Reserve Center/Land .......................... 14,800 14,800 

VA Fort Story ...................... Army Reserve Center .................................... 11,000 11,000 

WI Fort McCoy .................... AT/MOB Billeting Complex, Ph 1 ............... 9,800 9,800 

WI Fort McCoy .................... NCO Academy, Ph 2 .................................... 10,000 10,000 

ZU Various ........................... Various .......................................................... 30,000 30,000 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated to the Secretary 


smartinez on DSKB9S0YB1PROD with BILLS
849 

HR 5136 PCS1S 

1 of the Army for fiscal years beginning after September 

2 30, 2010, for the costs of acquisition, architectural and 

3 engineering services, and construction of facilities for the 

4 Army Reserve, and for contributions therefor, under chap5 ter 1803 of title 10, United States Code (including the 

6 cost of acquisition of land for those facilities), in the total 

7 amount of $358,331,000. 

8 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

9 CORPS RESERVE CONSTRUCTION AND LAND 

10 ACQUISITION PROJECTS AND AUTHORIZA11 TION OF APPROPRIATIONS. 

12 (a) INSIDE THE UNITED STATES.—The Secretary of 

13 the Navy may acquire real property and carry out military 

14 construction projects for the Navy Reserve and Marine 

15 Corps Reserve locations inside the United States, and sub16 ject to the purpose, total amount authorized, and author17 ization of appropriations specified for each project, set 

18 forth in the following table: 

Navy Reserve and Marine Corps Reserve: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

CA Twentynine Palms .......... Tank Vehicle Maintenance Facility .............. 5,991 5,991 

LA New Orleans ................... Joint Air Traffic Control Facility ................ 16,281 16,281 

VA Williamsburg .................. Navy Ordnance Cargo Logistics Training 

Camp ......................................................... 21,346 21,346 

WA Yakima ........................... Marine Corps Reserve Center ....................... 13,844 13,844 

ZU Various ........................... Various .......................................................... 15,000 15,000 

ZU Various ........................... Various .......................................................... 15,000 15,000 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

20 are hereby authorized to be appropriated to the Secretary 

21 of the Navy for fiscal years beginning after September 30, 


smartinez on DSKB9S0YB1PROD with BILLS
850 

HR 5136 PCS1S 

1 2010, for the costs of acquisition, architectural and engi2 neering services, and construction of facilities for the Navy 

3 Reserve and Marine Corps Reserve, and for contributions 

4 therefor, under chapter 1803 of title 10, United States 

5 Code (including the cost of acquisition of land for those 

6 facilities), in the total amount of $91,557,000. 

7 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC8 TION AND LAND ACQUISITION PROJECTS 

9 AND AUTHORIZATION OF APPROPRIATIONS. 

10 (a) INSIDE THE UNITED STATES.—The Secretary of 

11 the Air Force may acquire real property and carry out 

12 military construction projects for the Air National Guard 

13 locations inside the United States, and subject to the pur14 pose, total amount authorized, and authorization of appro15 priations specified for each project, set forth in the fol16 lowing table: 

Air National Guard: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AL Montgomery Regional 

Airport (ANG) Base ... Fuel Cell And Corrosion Control Hangar .... 7,472 7,472 

AZ Davis Monthan AFB ...... Predator Foc-Active Duty Associate ............ 4,650 4,650 

CO Buckely AFB .................. Taxiway Juliet and Lima ............................. 4,000 4,000 

DE New Castle County Airport ............................. Joint Forces Operations Center-Ang Share 1,500 1,500 

FL Jacksonville IAP ............ Security Forces Training Facility ................ 6,700 6,700 

GA Savannah/Hilton Head 

IAP ............................. Relocate Air Supt Opers Sqdn (Asos) Fac ... 7,450 7,450 

HI Hickam AFB .................. F-22 Beddown Intrastructure Support ........ 5,950 5,950 

HI Hickam AFB .................. F-22 Hangar, Squadron Operations And 

Amu ........................................................... 48,250 48,250 

HI Hickam AFB .................. F-22 Upgrade Munitions Complex ............... 17,250 17,250 

IA Des Moines IAP ............. Corrosion Control Hangar ............................ 4,750 4,750 

IL Capital Map .................... CNAF Beddown - Upgrade Facilities .......... 16,700 16,700 

IN Hulman Regional Airport ASOS Beddown - Upgrade Facilities ........... 4,100 4,100 

MA Barnes ANGB ................ Add to Aircraft Maintenance Hangar .......... 6,000 6,000 

MD Martin State Airport ...... Replace Ops and Medical Training Facility 11,400 11,400 

MN Duluth ............................ Load Crew Training and Weapon Release 

Shops ......................................................... 8,000 8,000 

NC Stanly County Airport .... Upgrade Asos Facilities ................................ 2,000 2,000 

NJ Atlantic City IAP ........... Fuel Cell and Corrosion Control Hangar ..... 8,500 8,500 

NY Stewart ANGB ............... Aircraft Conversion Facility ......................... 3,750 3,750 

NY Fort Drum ..................... Reaper Infrastructure Support ..................... 2,500 2,500 

NY Stewart IAP ................... Base Defense Group Beddown ..................... 14,250 14,250 

OH Toledo Express Airport .. Replace Security Forces Complex ................. 7,300 7,300 

PA State College ANGS ....... Add to and Alter AOS Facility ..................... 4,100 4,100 


smartinez on DSKB9S0YB1PROD with BILLS
851 

HR 5136 PCS1S 

Air National Guard: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

SC McEntire Joint National 

Guard Base ................ Replace Operations and Training ................. 9,100 9,100 

TN Nashville IAP ................. Renovate Intel Squadron Facilities .............. 5,500 5,500 

ZU Various ........................... Various .......................................................... 50,000 50,000 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

2 are hereby authorized to be appropriated to the Secretary 

3 of the Air Force for fiscal years beginning after September 

4 30, 2010, for the costs of acquisition, architectural and 

5 engineering services, and construction of facilities for the 

6 Air National Guard of the United States, and for con7 tributions therefor, under chapter 1803 of title 10, United 

8 States Code (including the cost of acquisition of land for 

9 those facilities), in the total amount of $292,371,000. 

10 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC11 TION AND LAND ACQUISITION PROJECTS 

12 AND AUTHORIZATION OF APPROPRIATIONS. 

13 (a) INSIDE THE UNITED STATES.—The Secretary of 

14 the Air Force may acquire real property and carry out 

15 military construction projects for the Air Force Reserve 

16 locations inside the United States, and subject to the pur17 pose, total amount authorized, and authorization of appro18 priations specified for each project, set forth in the fol19 lowing table: 

Air Force Reserve: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

FL Patrick AFB .................. Weapons Maintenance Facility ..................... 3,420 3,420 

NY Niagara ARS .................. C-130 Flightline Operations Facility, Ph 1 .. 9,500 9,500 

ZU Various ........................... Various .......................................................... 30,000 30,000 


smartinez on DSKB9S0YB1PROD with BILLS
852 

HR 5136 PCS1S 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

2 are hereby authorized to be appropriated to the Secretary 

3 of the Air Force for fiscal years beginning after September 

4 30, 2010, for the costs of acquisition, architectural and 

5 engineering services, and construction of facilities for the 

6 Air Force Reserve, and for contributions therefor, under 

7 chapter 1803 of title 10, United States Code (including 

8 the cost of acquisition of land for those facilities), in the 

9 total amount of $47,332,000. 

10 SEC. 2606. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

11 FISCAL YEAR 2008 PROJECTS. 

12 (a) EXTENSION.—Notwithstanding section 2002 of 

13 the Military Construction Authorization Act for Fiscal 

14 Year 2008 (division B of Public Law 110–181; 122 Stat. 

15 503), the authorizations set forth in the table in sub16 section (b), as provided in sections 2601 and 2604 of that 

17 Act (122 Stat. 527, 528), shall remain in effect until Octo18 ber 1, 2011, or the date of the enactment of an Act au19 thorizing funds for military construction for fiscal year 

20 2012, whichever is later. 

21 (b) TABLE.—The table referred to in subsection (a) 

22 is as follows: 

National Guard: Extension of 2008 Project Authorizations 

State Installation or 

Location Project Amount 

Pennsylvania ... East Fallowfield 

Township.

Readiness Center .............. $8,300,000 

Vermont .......... Burlington ............. Security Improvements ..... $6,600,000 


smartinez on DSKB9S0YB1PROD with BILLS
853 

HR 5136 PCS1S 

1 TITLE XXVII—BASE REALIGN2 MENT AND CLOSURE ACTIVI3 TIES 

4 Subtitle A—Authorizations 

5 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

6 BASE REALIGNMENT AND CLOSURE ACTIVI7 TIES FUNDED THROUGH DEPARTMENT OF 

8 DEFENSE BASE CLOSURE ACCOUNT 1990. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2010, for base 

11 realignment and closure activities, including real property 

12 acquisition and military construction projects, as author13 ized by the Defense Base Closure and Realignment Act 

14 of 1990 (part A of title XXIX of Public Law 101–510; 

15 10 U.S.C. 2687 note) and funded through the Department 

16 of Defense Base Closure Account 1990 established by sec17 tion 2906 of such Act, in the total amount of 

18 $360,474,000 as follows: 

19 (1) For the Department of the Army, 

20 $73,600,000. 

21 (2) For the Department of the Navy, 

22 $162,000,000. 

23 (3) For the Department of the Air Force, 

24 $124,874,000. 


smartinez on DSKB9S0YB1PROD with BILLS
854 

HR 5136 PCS1S 

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 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00854 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
855 

HR 5136 PCS1S 

1 tion 2906A of such Act, in the total amount of 

2 $2,354,285,000, as follows: 

3 (1) For the Department of the Army, 

4 $1,012,420,000. 

5 (2) For the Department of the Navy, 

6 $342,146,000. 

7 (3) For the Department of the Air Force, 

8 $127,255,000. 

9 (4) For the Defense Agencies, $872,464,000. 

10 Subtitle B—Other Matters 

11 SEC. 2711. TRANSPORTATION PLAN FOR BRAC 133 PROJECT 

12 UNDER FORT BELVOIR, VIRGINIA, BRAC INI13 TIATIVE. 

14 (a) LIMITATION ON PROJECT IMPLEMENTATION.— 

15 The Secretary of the Army may not take beneficial occu16 pancy of more than 1,000 parking spaces provided by the 

17 combination spaces provided by the BRAC 133 project 

18 and the lease of spaces in the immediate vicinity of the 

19 BRAC 133 project until both of the following occur: 

20 (1) The Secretary submits to the congressional 

21 defense committees a viable transportation plan for 

22 the BRAC 133 project. 

23 (2) The Secretary certifies to the congressional 

24 defense committees that construction has been com25 pleted to provide adequate ingress to and egress 


smartinez on DSKB9S0YB1PROD with BILLS
856 

HR 5136 PCS1S 

1 from the business park at which the BRAC 133 

2 project is located. 

3 (b) VIABILITY OF TRANSPORTATION PLAN.—To be 

4 considered a viable transportation plan under subsection 

5 (a)(1), the transportation plan must provide for the in6 gress and egress of all personnel to and from the BRAC 

7 133 project site without further reducing the level of serv8 ice at the following six intersections: 

9 (1) The intersection of Beauregard Street and 

10 Mark Center Drive. 

11 (2) The intersection of Beauregard Street and 

12 Seminary Road. 

13 (3) The intersection of Seminary Road and 

14 Mark Center Drive. 

15 (4) The intersection of Seminary Road and the 

16 northbound entrance-ramp to I–395. 

17 (5) The intersection of Seminary Road and the 

18 northbound exit-ramp from I–395. 

19 (6) The intersection of Seminary Road and the 

20 southbound exit-ramp from I–395. 

21 (c) INSPECTOR GENERAL REPORT.—Not later than 

22 September 30, 2011, the Inspector General of the Depart23 ment of Defense shall submit to the congressional defense 

24 committees a report evaluating the sufficiency and coordi25 nation conducted in completing the requisite environVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00856 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
857 

HR 5136 PCS1S 

1 mental studies associated with the site selection of the 

2 BRAC 133 project pursuant to the National Environ3 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The 

4 Inspector General shall give specific attention to the trans5 portation determinations associated with the BRAC 133 

6 project and review and provide comment on the Secretary 

7 of Army’s transportation plan and adherence to the limita8 tions imposed by subsection (a). 

9 (d) DEFINITIONS.—In this section: 

10 (1) BRAC 133 PROJECT.—The term ‘‘BRAC 

11 133 project’’ refers to the proposed office complex to 

12 be developed at an established mixed-use business 

13 park in Alexandria, Virginia, to implement rec14 ommendation 133 of the Defense Base Closure and 

15 Realignment Commission contained in the report of 

16 the Commission transmitted to Congress on Sep17 tember 15, 2005, under section 2903(e) of the De18 fense Base Closure and Realignment Act of 1990 

19 (part A of title XXIX of Public Law 101–510; 10 

20 U.S.C. 2687 note). 

21 (2) LEVEL OF SERVICE.—The term ‘‘level of 

22 service’’ has the meaning given that term in the 

23 most-recent Highway Capacity Manual of the Trans24 portation Research Board. 


smartinez on DSKB9S0YB1PROD with BILLS
858 

HR 5136 PCS1S 

1 TITLE XXVIII—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS 

4 Subtitle A—Military Construction 

5 Program and Military Family 

6 Housing Changes 

7 SEC. 2801. AVAILABILITY OF MILITARY CONSTRUCTION IN8 FORMATION ON INTERNET. 

9 (a) MODIFICATION OF INFORMATION REQUIRED TO

10 BE PROVIDED.—Paragraph (2) of subsection (c) of sec11 tion 2851 of title 10, United States Code, is amended— 

12 (1) by striking subparagraph (F); and 

13 (2) by redesignating subparagraphs (G) and 

14 (H) as subparagraphs (F) and (G), respectively. 

15 (b) EXPANDED AVAILABILITY OF INFORMATION.— 

16 Such subsection is further amended— 

17 (1) by striking paragraph (3); and 

18 (2) by redesignating paragraph (4) as para19 graph (3). 

20 (c) CONFORMING AMENDMENTS.—Such subsection is 

21 further amended— 

22 (1) in paragraph (1), by striking ‘‘that, when 

23 activated by a person authorized under paragraph 

24 (3), will permit the person’’ and inserting ‘‘that will 

25 permit a person’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
859 

HR 5136 PCS1S 

1 (2) in paragraph (3), as redesignated by sub2 section (b)(2)— 

3 (A) by striking ‘‘to the persons referred to 

4 in paragraph (3)’’ and inserting ‘‘on the Inter5 net site required by such paragraph’’; and 

6 (B) by striking ‘‘to such persons’’. 

7 SEC. 2802. AUTHORITY TO TRANSFER PROCEEDS FROM 

8 SALE OF MILITARY FAMILY HOUSING TO DE9 PARTMENT OF DEFENSE FAMILY HOUSING 

10 IMPROVEMENT FUND. 

11 (a) AUTHORITY TO TRANSFER PROCEEDS.—Section 

12 2831 of title 10, United States Code, is amended— 

13 (1) in subsection (b), by striking ‘‘There’’ in the 

14 matter preceding paragraph (1) and inserting ‘‘Ex15 cept as authorized by subsection (e), there’’; 

16 (2) by redesignating subsections (e) and (f) as 

17 subsections (f) and (g), respectively; 

18 (3) in subsection (g) (as so redesignated), by 

19 striking ‘‘subsection (e)’’ both places it appears and 

20 inserting ‘‘subsection (f)’’; and 

21 (4) by inserting after subsection (d) the fol22 lowing new subsection (e): 

23 ‘‘(e) AUTHORITY TO TRANSFER FAMILY HOUSING

24 PROCEEDS.—(1) The Secretary concerned may transfer 

25 proceeds of the handling and the disposal of family housVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
860 

HR 5136 PCS1S 

1 ing received under subsection (b)(3), less those expenses 

2 payable pursuant to section 572(a) of title 40, to the De3 partment of Defense Family Housing Improvement Fund 

4 established under section 2883(a) of this title. 

5 ‘‘(2) A transfer under paragraph (1) may be made 

6 only after the end of the 30-day period beginning on the 

7 date the Secretary concerned submits written notice of, 

8 and justification for, the transfer to the appropriate com9 mittees of Congress or, if earlier, the end of the 14-day 

10 period beginning on the date on which a copy of the notice 

11 and justification is provided in an electronic medium pur12 suant to section 480 of this title.’’. 

13 (b) CONFORMING AMENDMENT TO DEPARTMENT OF

14 DEFENSE FAMILY HOUSING IMPROVEMENT FUND.—Sec15 tion 2883(c)(1) of such title is amended by adding at the 

16 end the following new subparagraph: 

17 ‘‘(H) Any amounts from the proceeds of the 

18 handling and disposal of family housing of a military 

19 department transferred to that Fund pursuant to 

20 section 2831(e) of this title.’’. 

21 SEC. 2803. ENHANCED AUTHORITY FOR PROVISION OF EX22 CESS CONTRIBUTIONS FOR NATO SECURITY 

23 INVESTMENT PROGRAM. 

24 Section 2806 of title 10, United States Code, is 

25 amended— 


smartinez on DSKB9S0YB1PROD with BILLS
861 

HR 5136 PCS1S 

1 (1) in subsection (c), by striking ‘‘Secretary’’ 

2 the first two places it appears and inserting ‘‘Sec3 retary of Defense’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(d) If the Secretary of Defense determines that con7 struction of facilities described in subsection (a) is nec8 essary to advance United States national security or na9 tional interest, the Secretary may include the pre-financ10 ing and initiation of construction services, which will be 

11 provided by the Department of Defense and are not other12 wise authorized by law, as an element of the excess North 

13 Atlantic Treaty Organization Security Investment pro14 gram contributions made under subsection (c).’’. 

15 SEC. 2804. DURATION OF AUTHORITY TO USE PENTAGON 

16 RESERVATION MAINTENANCE REVOLVING 

17 FUND FOR CONSTRUCTION AND REPAIRS AT 

18 PENTAGON RESERVATION. 

19 Section 2674(e) of title 10, United States Code, is 

20 amended— 

21 (1) in paragraph (2), by striking ‘‘Monies’’ and 

22 inserting ‘‘Subject to paragraph (3), monies’’; and 

23 (2) by adding at the end the following new 

24 paragraph: 


smartinez on DSKB9S0YB1PROD with BILLS
862 

HR 5136 PCS1S 

1 ‘‘(3) The authority of the Secretary to use monies 

2 from the Fund to support construction, repair, alteration, 

3 or related activities for the Pentagon Reservation expires 

4 on September 30, 2012.’’. 

5 SEC. 2805. AUTHORITY TO USE OPERATION AND MAINTE6 NANCE FUNDS FOR CONSTRUCTION 

7 PROJECTS INSIDE THE UNITED STATES CEN8 TRAL COMMAND AREA OF RESPONSIBILITY. 

9 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Sub10 section (h) of section 2808 of the Military Construction 

11 Authorization Act for Fiscal Year 2004 (division B of 

12 Public Law 108–136; 117 Stat. 1723), as added by sec13 tion 2806 of the Military Construction Authorization Act 

14 for Fiscal Year 2010 (division B of Public Law 111–84; 

15 123 Stat. 2662), is amended— 

16 (1) in paragraph (1), by striking ‘‘September 

17 30, 2010’’ and inserting ‘‘September 30, 2011’’; and 

18 (2) in paragraph (2), by striking ‘‘fiscal year 

19 2011’’ and inserting ‘‘fiscal year 2012’’. 

20 (b) AVAILABILITY OF AUTHORITY.—Subsection 

21 (a)(1) of such section is amended— 

22 (1) by striking ‘‘war,’’ and inserting ‘‘war or’’; 

23 and 

24 (2) by striking ‘‘, or a contingency operation’’. 


smartinez on DSKB9S0YB1PROD with BILLS
863 

HR 5136 PCS1S 

1 (c) WAIVER OF ADVANCE NOTIFICATION REQUIRE2 MENT.—Subsection (b) of such section is amended— 

3 (1) by redesignating paragraphs (1) through 

4 (4) as subparagraphs (A) through (D); respectively; 

5 (2) by striking ‘‘Before using’’ and inserting 

6 ‘‘(1) Before using’’; and 

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

8 paragraph: 

9 ‘‘(2) During fiscal year 2011, the Secretary of De10 fense may waive the prenotification requirements under 

11 paragraph (1) and section 2805(b) of title 10, United 

12 States Code, with regard to a construction project carried 

13 out under the authority of this section. In the case of any 

14 such waiver, the Secretary of Defense shall include in the 

15 next quarterly report submitted under subsection (d) the 

16 information otherwise required in advance by subpara17 graphs (A) through (D) of paragraph (1) with regard to 

18 the construction project.’’. 

19 (d) ANNUAL LIMITATION ON USE OF AUTHORITY IN

20 AFGHANISTAN.—Subsection (c)(2) of such section is 

21 amended— 

22 (1) by striking ‘‘$300,000,000 in funds avail23 able for operation and maintenance for fiscal year 

24 2010 may be used in Afghanistan upon completing 

25 the prenotification requirements under subsection 


smartinez on DSKB9S0YB1PROD with BILLS
864 

HR 5136 PCS1S 

1 (b)’’ and inserting ‘‘$100,000,000 in funds available 

2 for operation and maintenance for fiscal year 2011 

3 may be used in Afghanistan subject to the notifica4 tion requirements under subsection (b)’’; and 

5 (2) by striking ‘‘$500,000,000’’ and inserting 

6 ‘‘$300,000,000’’. 

7 SEC. 2806. VETERANS TO WORK PILOT PROGRAM FOR MILI8 TARY CONSTRUCTION PROJECTS. 

9 (a) VETERANS TO WORK PROGRAM.—Subchapter III 

10 of chapter 169 of title 10, United States Code, is amended 

11 by inserting after section 2856 the following new section: 

12 ‘‘§ 2857. Veterans to Work Pilot Program 

13 ‘‘(a) PILOT PROGRAM; PURPOSES.—(1) The Sec14 retary of Defense shall establish the Veterans to Work 

15 pilot program to determine— 

16 ‘‘(A) the maximum feasible extent to which ap17 prentices who are also veterans may be employed to 

18 work on military construction projects designated 

19 under subsection (b); and 

20 ‘‘(B) the feasibility of expanding the employ21 ment of apprentices who are also veterans to include 

22 military construction projects in addition to those 

23 projects designated under subsection (b). 


smartinez on DSKB9S0YB1PROD with BILLS
865 

HR 5136 PCS1S 

1 ‘‘(2) The Secretary of Defense shall establish and 

2 conduct the pilot program in consultation with the Sec3 retary of Labor and the Secretary of Veterans Affairs. 

4 ‘‘(b) DESIGNATION OF MILITARY CONSTRUCTION

5 PROJECTS FOR PILOT PROGRAM.—(1) For each of fiscal 

6 years 2011 through 2015, the Secretary of Defense shall 

7 designate for inclusion in the pilot program not less than 

8 20 military construction projects (including unspecified 

9 minor military construction projects under section 2805(a) 

10 of this title) that will be conducted in that fiscal year. 

11 ‘‘(2) In designating military construction projects 

12 under this subsection, the Secretary of Defense shall— 

13 ‘‘(A) designate military construction projects 

14 that are located where there are veterans enrolled in 

15 qualified apprenticeship programs or veterans who 

16 could be enrolled in qualified apprenticeship pro17 grams in a cost-effective, timely, and feasible man18 ner; and 

19 ‘‘(B) ensure geographic diversity among the 

20 States in the military construction projects des21 ignated. 

22 ‘‘(3) Unspecified minor military construction projects 

23 may not exceed 40 percent of the military construction 

24 projects designated under this subsection for a fiscal year. 


smartinez on DSKB9S0YB1PROD with BILLS
866 

HR 5136 PCS1S 

1 ‘‘(c) CONTRACT PROVISIONS.—Any agreement that 

2 the Secretary of Defense enters into for a military con3 struction project that is designated for inclusion in the 

4 pilot program shall ensure that— 

5 ‘‘(1) to the maximum extent feasible, appren6 tices who are also veterans are employed on that 

7 military construction project; and 

8 ‘‘(2) contractors participate in a qualified ap9 prenticeship program. 

10 ‘‘(d) REPORT.—(1) Not later than 150 days after the 

11 end of each fiscal year during which the pilot program 

12 is active, the Secretary of Defense shall submit to Con13 gress a report that includes the following: 

14 ‘‘(A) The progress of designated military con15 struction projects and the role of apprentices who 

16 are also veterans in achieving that progress. 

17 ‘‘(B) Any challenges, difficulties, or problems 

18 encountered in recruiting veterans to become ap19 prentices. 

20 ‘‘(C) Cost differentials in the designated mili21 tary construction projects compared to similar 

22 projects completed contemporaneously, but not des23 ignated for the pilot program. 

24 ‘‘(D) Evaluation of benefits derived from em25 ploying apprentices, including the following: 


smartinez on DSKB9S0YB1PROD with BILLS
867 

HR 5136 PCS1S 

1 ‘‘(i) Workforce sustainability. 

2 ‘‘(ii) Workforce skills enhancement. 

3 ‘‘(iii) Increased short- and long-term cost4 effectiveness. 

5 ‘‘(iv) Improved veteran employment in sus6 tainable wage fields. 

7 ‘‘(E) Any other information the Secretary of 

8 Defense determines appropriate. 

9 ‘‘(2) Not later than March 1, 2016, the Secretary of 

10 Defense shall submit to Congress a report that— 

11 ‘‘(A) analyzes the pilot program in terms of its 

12 effect on the sustainability of a workforce to meet 

13 the military construction needs of the Armed Forces; 

14 ‘‘(B) analyzes the effects of the pilot program 

15 on veteran employment in sustainable wage fields or 

16 professions; and 

17 ‘‘(C) makes recommendations on the continu18 ation, modification, or expansion of the pilot pro19 gram on the basis of such factors as the Secretary 

20 of Defense determines appropriate, including the fol21 lowing: 

22 ‘‘(i) Workforce sustainability. 

23 ‘‘(ii) Cost-effectiveness. 

24 ‘‘(iii) Community development. 


smartinez on DSKB9S0YB1PROD with BILLS
868 

HR 5136 PCS1S 

1 ‘‘(3) The Secretary of Defense shall prepare the re2 port required by paragraph (2) in consultation with the 

3 Secretary of Labor and the Secretary of Veterans Affairs. 

4 ‘‘(e) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘apprentice’ means an individual 

6 who is employed pursuant to, and individually reg7 istered in, a qualified apprenticeship program. 

8 ‘‘(2) The term ‘pilot program’ means the Vet9 erans to Work pilot program established under sub10 section (a). 

11 ‘‘(3)(A) Except as provided in subparagraph 

12 (B), the term ‘qualified apprenticeship program’ 

13 means an apprenticeship or other training program 

14 that qualifies as an employee welfare benefit plan, as 

15 defined in section 3(1) of the Employee Retirement 

16 Income Security Act of 1974 (29 U.S.C. 1002(1)). 

17 ‘‘(B) If the Secretary of Labor determines that 

18 a qualified apprenticeship program (as defined in 

19 subparagraph (A)) for a craft or trade classification 

20 of workers that a prospective contractor or subcon21 tractor intends to employ for a military construction 

22 project included in the pilot program is not operated 

23 in the locality of the project, the Secretary of Labor 

24 may expand the definition of qualified apprenticeship 

25 program to include another apprenticeship or trainVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00868 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
869 

HR 5136 PCS1S 

1 ing program, so long as the apprenticeship or train2 ing program is registered for Federal purposes with 

3 the Office of Apprenticeship of the Department of 

4 Labor or a State apprenticeship agency recognized 

5 by such Office. 

6 ‘‘(4) The term ‘State’ means any of the States, 

7 the District of Columbia, or territories of Guam, 

8 Puerto Rico, the Northern Mariana Islands, and the 

9 United States Virgin Islands. 

10 ‘‘(5) The term ‘veteran’ has the meaning given 

11 such term under section 101(2) of title 38.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such subchapter is amended by insert14 ing after the item relating to section 2856 the following 

15 new item: 

‘‘2857. Veterans to Work Pilot Program.’’. 

16 Subtitle B—Real Property and 

17 Facilities Administration 

18 SEC. 2811. NOTICE-AND-WAIT REQUIREMENTS APPLICABLE 

19 TO REAL PROPERTY TRANSACTIONS. 

20 (a) EXCEPTION FOR LEASES UNDER BASE CLOSURE

21 PROCESS.—Subsection (a)(1)(C) of section 2662 of title 

22 10, United States Code, is amended by inserting after 

23 ‘‘United States’’ the following: ‘‘(other than a lease or li24 cense entered into under section 2667(g) of this title)’’. 


smartinez on DSKB9S0YB1PROD with BILLS
870 

HR 5136 PCS1S 

1 (b) REPEAL OF ANNUAL REPORT ON MINOR REAL

2 ESTATE TRANSACTIONS.—Subsection (b) of such section 

3 is repealed. 

4 (c) GEOGRAPHIC SCOPE OF REQUIREMENTS.—Sub5 section (c) of such section is amended— 

6 (1) by striking ‘‘GEOGRAPHIC SCOPE; EX7 CEPTED’’ and inserting ‘‘EXCEPTED’’; 

8 (2) by striking the first sentence; and 

9 (3) by striking ‘‘It does not’’ and inserting 

10 ‘‘This section does not’’. 

11 (d) REPEAL OF NOTICE AND WAIT REQUIREMENT

12 REGARDING GSA LEASES OF SPACE FOR DOD.—Sub13 section (e) of such section is repealed. 

14 (e) ADDITIONAL REPORTING REQUIREMENTS RE15 GARDING LEASES OF REAL PROPERTY OWNED BY THE

16 UNITED STATES.—Such section is further amended by in17 serting after subsection (a) the following new subsection: 

18 ‘‘(b) ADDITIONAL REPORTING REQUIREMENTS RE19 GARDING LEASES OF REAL PROPERTY OWNED BY THE

20 UNITED STATES.—(1) In the case of a proposed lease or 

21 license of real property owned by the United States cov22 ered by paragraph (1)(C) of subsection (a), the Secretary 

23 concerned shall comply with the notice-and-wait require24 ments of paragraph (3) of such subsection before— 


smartinez on DSKB9S0YB1PROD with BILLS
871 

HR 5136 PCS1S 

1 ‘‘(A) issuing a contract solicitation or other 

2 lease offering with regard to the transaction; and 

3 ‘‘(B) providing public notice regarding any 

4 meeting to discuss a proposed contract solicitation 

5 with regard to the transaction. 

6 ‘‘(2) The report under paragraph (3) of subsection 

7 (a) shall include the following with regard to a proposed 

8 transaction covered by paragraph (1)(C) of such sub9 section: 

10 ‘‘(A) A description of the proposed transaction, 

11 including the proposed duration of the lease or li12 cense. 

13 ‘‘(B) A description of the authorities to be used 

14 in entering into the transaction. 

15 ‘‘(C) A statement of the scored cost of the en16 tire transaction, determined using the scoring cri17 teria of the Office of Management and Budget. 

18 ‘‘(D) A determination that the property in19 volved in the transaction is not excess property, as 

20 required by section 2667(a)(3) of this title, including 

21 the basis for the determination. 

22 ‘‘(E) A determination that the proposed trans23 action is directly compatible with the mission of the 

24 military installation or Defense Agency at which the 

25 property is located and a description of the anticiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
872 

HR 5136 PCS1S 

1 pated long-term use of the property at the conclu2 sion of the lease or license. 

3 ‘‘(F) A description of the requirements or con4 ditions within the contract solicitation or other lease 

5 offering for the person making the offer to address 

6 taxation issues, including payments-in-lieu-of taxes, 

7 and other development issues related to local munici8 palities. 

9 ‘‘(G) If the proposed lease involves a project re10 lated to energy production, a certification by the 

11 Secretary of Defense that the project, as it will be 

12 specified in the contract solicitation or other lease 

13 offering, is consistent with the Department of De14 fense performance goals and plan required by sec15 tion 2911 of this title. 

16 ‘‘(3) The Secretary concerned may not enter into the 

17 actual lease or license with respect to property for which 

18 the information required by paragraph (2) was submitted 

19 in a report under subsection (a)(3) unless the Secretary 

20 again complies with the notice-and-wait requirements of 

21 such subsection. The subsequent report shall include the 

22 following with regard to the proposed transaction: 

23 ‘‘(A) A cross reference to the prior report that 

24 contained the information submitted under para25 graph (2) with respect to the transaction. 


smartinez on DSKB9S0YB1PROD with BILLS
873 

HR 5136 PCS1S 

1 ‘‘(B) A description of the differences between 

2 the information submitted under paragraph (2) and 

3 the information regarding the transaction being sub4 mitted in the subsequent report. 

5 ‘‘(C) A description of the payment to be re6 quired in connection with the lease or license, includ7 ing a description of any in-kind consideration that 

8 will be accepted. 

9 ‘‘(D) A description of any community support 

10 facility or provision of community support services 

11 under the lease or license, regardless of whether the 

12 facility will be operated by a covered entity (as de13 fined in section 2667(d) of this title) or the lessee 

14 or the services will be provided by a covered entity 

15 or the lessee. 

16 ‘‘(E) A description of the competitive proce17 dures used to select the lessee or, in the case of a 

18 lease involving the public benefit exception author19 ized by section 2667(h)(2) of this title, a description 

20 of the public benefit to be served by the lease.’’. 

21 (f) CONFORMING AMENDMENTS.—Such section is 

22 further amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1), by striking ‘‘the Sec25 retary submits’’ in the matter preceding subVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00873 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
874 

HR 5136 PCS1S 

1 paragraph (A) and inserting ‘‘the Secretary 

2 concerned submits’’; and 

3 (B) in paragraph (3), by striking ‘‘the Sec4 retary of a military department or the Sec5 retary of Defense’’ and inserting ‘‘the Secretary 

6 concerned’’; 

7 (2) by redesignating subsections (f) and (g) as 

8 subsections (e) and (f), respectively; 

9 (3) in subsection (f), as so redesignated— 

10 (A) in paragraph (1), by striking ‘‘, and 

11 the reporting requirement set forth in sub12 section (e) shall not apply with respect to a real 

13 property transaction otherwise covered by that 

14 subsection,’’; 

15 (B) in paragraph (3), by striking ‘‘or (e), 

16 as the case may be’’; and 

17 (C) by striking paragraph (4); and 

18 (4) by adding at the end the following new sub19 section: 

20 ‘‘(g) SECRETARY CONCERNED DEFINED.—In this 

21 section, the term ‘Secretary concerned’ includes, with re22 spect to Defense Agencies, the Secretary of Defense.’’. 

23 (g) CONFORMING AMENDMENTS TO LEASE OF NON24 EXCESS PROPERTY AUTHORITY.—Section 2667 of such 

25 title is amended— 


smartinez on DSKB9S0YB1PROD with BILLS
875 

HR 5136 PCS1S 

1 (1) in subsection (c), by striking paragraph (4); 

2 (2) in subsection (d), by striking paragraph (6); 

3 (3) in subsection (e)(1), by striking subpara4 graph (E); and 

5 (4) in subsection (h)— 

6 (A) by striking paragraphs (3) and (5); 

7 and 

8 (B) by redesignating paragraph (4) as 

9 paragraph (3). 

10 SEC. 2812. TREATMENT OF PROCEEDS GENERATED FROM 

11 LEASES OF NON-EXCESS PROPERTY INVOLV12 ING MILITARY MUSEUMS. 

13 Section 2667(e)(1) of title 10, United States Code, 

14 as amended by section 2811(g), is amended by inserting 

15 after subparagraph (D) the following new subparagraph 

16 (E): 

17 ‘‘(E) If the proceeds deposited in the special account 

18 established for the Secretary concerned are derived from 

19 activities associated with a military museum described in 

20 section 489(a) of this title, the proceeds shall be available 

21 for activities described in subparagraph (C) only at that 

22 museum.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
876 

HR 5136 PCS1S 

1 SEC. 2813. REPEAL OF EXPIRED AUTHORITY TO LEASE 

2 LAND FOR SPECIAL OPERATIONS ACTIVITIES. 

3 (a) REPEAL.—Section 2680 of title 10, United States 

4 Code, is repealed. 

5 (b) EFFECT OF REPEAL.—The amendment made by 

6 subsection (a) shall not affect the validity of any contract 

7 entered into under section 2680 of title 10, United States 

8 Code, on or before September 30, 2005. 

9 (c) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 159 of such title is amended 

11 by striking the item relating to section 2680. 

12 SEC. 2814. FORMER NAVAL BOMBARDMENT AREA, 

13 CULEBRA ISLAND, PUERTO RICO. 

14 (a) IN GENERAL.—Notwithstanding section 204(c) of 

15 the Military Construction Authorization Act, 1974 (Public 

16 Law 93–166; 87 Stat. 668), and paragraph 9 of the quit17 claim deed relating to the island of Culebra in the Com18 monwealth of Puerto Rico, the Secretary of Defense— 

19 (1) may provide for the removal of any 

20 unexploded ordnance and munitions scrap on that 

21 portion of Flamenco Beach located within the 

22 former bombardment area of the island; and 

23 (2) shall conduct a study relating to the pres24 ence of unexploded ordnance in the former bombard25 ment area transferred to the Commonwealth, with 


smartinez on DSKB9S0YB1PROD with BILLS
877 

HR 5136 PCS1S 

1 the exception of the area referred to in paragraph 

2 (1). 

3 (b) CONTENTS OF STUDY.—The study required by 

4 subsection (a)(2) shall include the following: 

5 (1) An estimate of the type and amount of 

6 unexploded ordnance. 

7 (2) An estimate of the cost of removing 

8 unexploded ordnance. 

9 (3) An examination of the impact of such re10 moval on any endangered or threatened species and 

11 their habitat. 

12 (4) An examination of current public access to 

13 the former bombardment area. 

14 (5) An examination of any threats to public 

15 health or safety and the environment from 

16 unexploded ordnance. 

17 (c) CONSULTATION WITH COMMONWEALTH.—In 

18 conducting the study under subsection (a)(2), the Sec19 retary of Defense shall consult with the Commonwealth 

20 regarding the Commonwealth’s planned future uses of the 

21 former bombardment area. The Secretary shall consider 

22 the Commonwealth’s planned future uses in developing 

23 any conclusions or recommendations the Secretary may in24 clude in the study. 


smartinez on DSKB9S0YB1PROD with BILLS
878 

HR 5136 PCS1S 

1 (d) SUBMISSION OF REPORT.—Not later than one 

2 year after the date of the enactment of this Act, the Sec3 retary of Defense shall submit to the congressional defense 

4 committees a report containing the results of the study 

5 conducted under subsection (a)(2). 

6 (e) DEFINITIONS.—In this section: 

7 (1) The term ‘‘quitclaim deed’’ refers to the 

8 quitclaim deed from the United States to the Com9 monwealth of Puerto Rico, signed by the Secretary 

10 of the Interior on August 11, 1982, for that portion 

11 of Tract (1b) consisting of the former bombardment 

12 area on the island of Culebra, Puerto Rico. 

13 (2) The term ‘‘unexploded ordnance’’ has the 

14 meaning given that term by section 101(e)(5) of title 

15 10, United States Code. 

16 SEC. 2815. CLARIFICATION OF AUTHORITY OF SECRETARY 

17 TO ASSIST WITH DEVELOPMENT OF PUBLIC 

18 INFRASTRUCTURE IN CONNECTION WITH 

19 THE ESTABLISHMENT OR EXPANSION OF A 

20 MILITARY INSTALLATION. 

21 Section 2391(b) of title 10, United States Code, is 

22 amended— 

23 (1) in paragraph (1), by adding at the end the 

24 following: 


smartinez on DSKB9S0YB1PROD with BILLS
879 

HR 5136 PCS1S 

1 ‘‘If the proposed or actual establishment or expan2 sion of a military installation would otherwise qual3 ify a State or local government for assistance under 

4 this paragraph and is the result of base realignment 

5 and closure activities authorized by the Defense 

6 Base Closure and Realignment Act of 1990 (10 

7 U.S.C. 2687 note), the Secretary may make grants, 

8 conclude cooperative agreements, and supplement 

9 funds available under Federal programs adminis10 tered by agencies other than the Department of De11 fense in order to assist the State or local govern12 ment with development of the public infrastructure 

13 (including construction) required by the proposed or 

14 actual establishment or expansion.’’; and 

15 (2) in paragraph (5)(A), by striking ‘‘in plan16 ning community adjustments and economic diver17 sification’’ and inserting ‘‘as provided in paragraph 

18 (1)’’. 

19 Subtitle C—Provisions Related to 

20 Guam Realignment 

21 SEC. 2821. SENSE OF CONGRESS REGARDING IMPORTANCE 

22 OF PROVIDING COMMUNITY ADJUSTMENT 

23 ASSISTANCE TO GOVERNMENT OF GUAM. 

24 It is the Sense of Congress that— 


smartinez on DSKB9S0YB1PROD with BILLS
880 

HR 5136 PCS1S 

1 (1) for national security reasons, the United 

2 States is required from time to time to construct 

3 major, new military installations despite the serious 

4 adverse impacts that the installations will have on 

5 the communities and the areas in which the installa6 tions are constructed; and 

7 (2) neither the impacted local governments nor 

8 the communities in which the installations are con9 structed should be expected to bear the full cost of 

10 mitigating such adverse impacts. 

11 SEC. 2822. DEPARTMENT OF DEFENSE ASSISTANCE FOR 

12 COMMUNITY ADJUSTMENTS RELATED TO RE13 ALIGNMENT OF MILITARY INSTALLATIONS 

14 AND RELOCATION OF MILITARY PERSONNEL 

15 ON GUAM. 

16 (a) TEMPORARY ASSISTANCE AUTHORIZED.— 

17 (1) ASSISTANCE TO GOVERNMENT OF GUAM.— 

18 The Secretary of Defense may assist the Govern19 ment of Guam in meeting the costs of providing in20 creased municipal services and facilities required as 

21 a result of the realignment of military installations 

22 and the relocation of military personnel on Guam (in 

23 this section referred to as the ‘‘Guam realignment’’) 

24 if the Secretary determines that an unfair and exces25 sive financial burden will be incurred by the GovernVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00880 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
881 

HR 5136 PCS1S 

1 ment of Guam to provide the services and facilities 

2 in the absence of the Department of Defense assist3 ance. 

4 (2) MITIGATION OF IDENTIFIED IMPACTS.—The 

5 Secretary of Defense may take such actions as the 

6 Secretary considers to be appropriate to mitigate the 

7 significant impacts identified in the Record of Deci8 sion of the ‘‘Guam and CNMI Military Relocation 

9 Environmental Impact Statement’’ by providing in10 creased municipal services and facilities to activities 

11 that directly support the Guam realignment. 

12 (b) METHODS TO PROVIDE ASSISTANCE.— 

13 (1) USE OF EXISTING PROGRAMS.—The Sec14 retary of Defense shall carry out subsection (a) 

15 through existing Federal programs. 

16 (2) TRANSFER AUTHORITY.—To the extent nec17 essary to carry out subsection (a), the Secretary 

18 may transfer appropriated funds available to the De19 partment of Defense or a military department for 

20 operation and maintenance to supplement funds 

21 made available to Guam under a Federal program. 

22 The transfer authority provided by this paragraph is 

23 in addition to the transfer authority provided by sec24 tion 1001. Amounts so transferred shall be merged 


smartinez on DSKB9S0YB1PROD with BILLS
882 

HR 5136 PCS1S 

1 with and be available for the same purposes as the 

2 appropriation to which transferred. 

3 (3) COST SHARE ASSISTANCE.—The Secretary 

4 may use appropriated amounts referred to in para5 graph (2) to provide financial assistance to the Gov6 ernment of Guam to assist the Government of Guam 

7 to pay its share of the costs under Federal programs 

8 utilized by the Secretary under paragraph (1). 

9 (c) LIMITATION ON PROVISION OF ASSISTANCE.— 

10 The total cost of the construction of facilities carried out 

11 utilizing the authority provided by subsection (a) may not 

12 exceed $500,000,000. 

13 (d) SPECIAL CONSIDERATIONS.—In determining the 

14 amount of financial assistance to be made available under 

15 this section to the Government of Guam for any commu16 nity service or facility, the Secretary of Defense shall con17 sult with the head of the department or agency of the Fed18 eral Government concerned with the type of service or fa19 cility for which financial assistance is being made available 

20 and shall take into consideration— 

21 (1) the time lag between the initial impact of 

22 increased population on Guam and any increase in 

23 the local tax base that will result from such in24 creased population; 


smartinez on DSKB9S0YB1PROD with BILLS
883 

HR 5136 PCS1S 

1 (2) the possible temporary nature of the in2 creased population and the long-range cost impact 

3 on the permanent residents of Guam; and 

4 (3) such other pertinent factors as the Sec5 retary of Defense considers appropriate. 

6 (e) PROGRESS REPORTS REQUIRED.—The Secretary 

7 of Defense shall submit to the Committees on Armed Serv8 ices of the Senate and the House of Representatives semi9 annual reports indicating the total amount expended 

10 under the authority of this section during the preceding 

11 6-month period, the specific projects for which assistance 

12 was provided during such period, and the total amount 

13 provided for each project during such period. 

14 (f) TERMINATION.—The authority to provide assist15 ance under subsection (a) expires September 30, 2017. 

16 Amounts obligated before that date may be expended after 

17 that date. 

18 SEC. 2823. EXTENSION OF TERM OF DEPUTY SECRETARY 

19 OF DEFENSE’S LEADERSHIP OF GUAM OVER20 SIGHT COUNCIL. 

21 Subsection (d) of section 132 of title 10, United 

22 States Code, as added by section 2831(a) of the National 

23 Defense Authorization Act for Fiscal Year 2010 (Public 

24 Law 111–84; 123 Stat. 2669), is amended by striking 


smartinez on DSKB9S0YB1PROD with BILLS
884 

HR 5136 PCS1S 

1 ‘‘September 30, 2015’’ and inserting ‘‘September 30, 

2 2020’’. 

3 SEC. 2824. UTILITY CONVEYANCES TO SUPPORT INTE4 GRATED WATER AND WASTEWATER TREAT5 MENT SYSTEM ON GUAM. 

6 (a) CONVEYANCE OF UTILITIES.—The Secretary of 

7 Defense may convey to the Guam Waterworks Authority 

8 (in this section referred to as the ‘‘Authority’’) all right, 

9 title, and interest of the United States in and to the water 

10 and wastewater treatment utility systems on Guam, in11 cluding the Fena Reservoir, for the purpose of establishing 

12 an integrated water and wastewater treatment system on 

13 Guam. 

14 (b) CONSIDERATION.— 

15 (1) CONSIDERATION REQUIRED.—As consider16 ation for the conveyance of the water and waste17 water treatment utility systems on Guam, the Au18 thority shall pay to the Secretary of Defense an 

19 amount equal to the fair market value of the utility 

20 infrastructure to be conveyed, as determined pursu21 ant to an agreement between the Secretary and the 

22 Authority. 

23 (2) DEFERRED PAYMENTS.—At the discretion 

24 of the Authority, the Authority may elect to pay the 

25 consideration determined under paragraph (1) in 


smartinez on DSKB9S0YB1PROD with BILLS
885 

HR 5136 PCS1S 

1 equal annual payments over a period of not more 

2 than 25 years, starting with the first year beginning 

3 after the date of the conveyance of the water and 

4 wastewater treatment utility systems to the Author5 ity. 

6 (3) ACCEPTANCE OF IN-KIND SERVICES.—The 

7 consideration required by paragraph (1) may be paid 

8 in cash or in-kind, as acceptable to the Secretary of 

9 Defense. The Secretary of Defense, in consultation 

10 with the Secretary of the Interior, shall consider the 

11 value of in-kind services provided by the Government 

12 of Guam pursuant to section 311 of the Compact of 

13 Free Association between the Government of the 

14 United States and the Government of the Federated 

15 States of Micronesia, approved by Congress in the 

16 Compact of Free Association Amendments Act of 

17 2003 (Public Law 108–188; 117 Stat. 2781), sec18 tion 311 of the Compact of Free Association be19 tween the Government of the United States and the 

20 Government of the Republic of the Marshall Islands, 

21 approved by Congress in such Act, and the Compact 

22 of Free Association between the Government of the 

23 United States and the Government of the Republic 

24 of Palau, approved by Congress in the Palau ComVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
886 

HR 5136 PCS1S 

1 pact of Free Association Act (Public Law 99–658; 

2 100 Stat. 3672). 

3 (c) CONDITION OF CONVEYANCE.—As a condition of 

4 the conveyance under subsection (a), the Secretary of De5 fense must obtain at least a 33 percent voting representa6 tion on the Guam Consolidated Commission on Utilities, 

7 including a proportional representation as chairperson of 

8 the Commission. 

9 (d) IMPLEMENTATION REPORT.— 

10 (1) REPORT REQUIRED.—If the Secretary of 

11 Defense determines to use the authority provided by 

12 subsection (a) to convey the water and wastewater 

13 treatment utility systems to the Authority, the Sec14 retary shall submit to the congressional defense com15 mittees a report containing— 

16 (A) a description of the actions needed to 

17 efficiently convey the water and wastewater 

18 treatment utility systems to the Authority; and 

19 (B) an estimate of the cost of the convey20 ance. 

21 (2) SUBMISSION.—The Secretary shall submit 

22 the report not later than 30 days after the date on 

23 which the Secretary makes the determination trig24 gering the report requirement. 


smartinez on DSKB9S0YB1PROD with BILLS
887 

HR 5136 PCS1S 

1 (e) NEW WATER SYSTEMS.—If the Secretary of De2 fense determines to use the authority provided by sub3 section (a) to convey the water and wastewater treatment 

4 utility systems to the Authority, the Secretary shall also 

5 enter into an agreement with the Authority, under which 

6 the Authority will manage and operate any water well or 

7 wastewater treatment plant that is constructed by the Sec8 retary of a military department on Guam on or after the 

9 date of the enactment of this Act. 

10 (f) ADDITIONAL TERM AND CONDITIONS.—The Sec11 retary of Defense may require such additional terms and 

12 conditions in connection with the conveyance under this 

13 section as the Secretary considers appropriate to protect 

14 the interests of the United States. 

15 (g) TECHNICAL ASSISTANCE.— 

16 (1) ASSISTANCE AUTHORIZED; REIMBURSE17 MENT.—The Secretary of the Interior, acting 

18 through the Commissioner of the Bureau of Rec19 lamation, may provide technical assistance to the 

20 Secretary of Defense and the Authority regarding 

21 the development of plans for the design, construc22 tion, operation, and maintenance of integrated water 

23 and wastewater treatment utility systems on Guam. 

24 (2) CONTRACTING AUTHORITY; CONDITION.— 

25 The Secretary of the Interior, acting through the 


smartinez on DSKB9S0YB1PROD with BILLS
888 

HR 5136 PCS1S 

1 Commissioner of the Bureau of Reclamation, may 

2 enter into memoranda of understanding, cooperative 

3 agreements, and other agreements with the Sec4 retary of Defense to provide technical assistance as 

5 described in paragraph (1) under such terms and 

6 conditions as the Secretary of the Interior and the 

7 Secretary of Defense consider appropriate, except 

8 that costs incurred by the Secretary of the Interior 

9 to provide technical assistance under paragraph (1) 

10 shall be covered by the Secretary of Defense. 

11 (3) REPORT AND OTHER ASSISTANCE.—Not 

12 later than one year after date of the enactment of 

13 this Act, the Secretary of the Interior and the Sec14 retary of Defense shall submit to the congressional 

15 defense committees, the Committee on Natural Re16 sources of the House of Representatives, and the 

17 Committee on Energy and Natural Resources of the 

18 Senate a report detailing the following: 

19 (A) Any technical assistance provided 

20 under paragraph (1) and information pertaining 

21 to any memoranda of understanding, coopera22 tive agreements, and other agreements entered 

23 into pursuant to paragraph (2). 

24 (B) An assessment of water and waste25 water systems on Guam, including cost estiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00888 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
889 

HR 5136 PCS1S 

1 mates and budget authority, including authori2 ties available under the Acts of June 17, 1902, 

3 and June 12, 1906 (popularly known as the 

4 Reclamation Act; 43 U.S.C. 391) and other au5 thority available to the Secretary of the Inte6 rior, for financing the design, construction, op7 eration, and maintenance of such systems. 

8 (C) The needs related to water and waste9 water infrastructure on Guam and the protec10 tion of water resources on Guam identified by 

11 the Authority. 

12 SEC. 2825. REPORT ON TYPES OF FACILITIES REQUIRED TO 

13 SUPPORT GUAM REALIGNMENT. 

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

15 after the date of the enactment of the Act, the Secretary 

16 of Defense shall submit to the congressional defense com17 mittees a report on the structural integrity of facilities re18 quired to support the realignment of military installations 

19 and the relocation of military personnel on Guam. 

20 (b) CONTENTS OF REPORT.—The report required by 

21 subsection (a) shall contain the following elements: 

22 (1) A threat assessment to the realigned forces, 

23 including natural and manmade threats. 

24 (2) An evaluation of the types of facilities and 

25 the enhanced structural requirements required to 


smartinez on DSKB9S0YB1PROD with BILLS
890 

HR 5136 PCS1S 

1 deter the threat assessment specified in paragraph 

2 (1). 

3 (3) An assessment of the costs associated with 

4 the enhanced structural requirements specified in 

5 paragraph (2). 

6 SEC. 2826. REPORT ON CIVILIAN INFRASTRUCTURE NEEDS 

7 FOR GUAM. 

8 (a) REPORT REQUIRED.—The Secretary of the Inte9 rior shall prepare a report— 

10 (1) detailing the civilian infrastructure improve11 ments needed on Guam to directly and indirectly 

12 support and sustain the realignment of military in13 stallations and the relocation of military personnel 

14 on Guam; and 

15 (2) identifying, to the maximum extent prac16 tical, the potential funding sources for such improve17 ments from other Federal departments and agencies 

18 and from existing authorities and funds within the 

19 Department of Defense. 

20 (b) CONSULTATION.—The Secretary of the Interior 

21 shall prepare the report required by subsection (a) in con22 sultation with the Secretary of Defense, the Government 

23 of Guam, and the Interagency Group on the Insular Areas 

24 established by Executive Order No. 13537. 


smartinez on DSKB9S0YB1PROD with BILLS
891 

HR 5136 PCS1S 

1 (c) SUBMISSION.—The Secretary of the Interior shall 

2 submit the report required by subsection (a) to the con3 gressional defense committees and the Committee on Nat4 ural Resources of the House of Representatives, and the 

5 Committee on Energy and Natural Resources of the Sen6 ate not later than 180 days after the date of the enact7 ment of this Act. 

8 SEC. 2827. COMPTROLLER GENERAL REPORT ON PLANNED 

9 REPLACEMENT NAVAL HOSPITAL ON GUAM. 

10 (a) ASSESSMENT REQUIRED.—The Comptroller Gen11 eral of the United States shall review and assess the pro12 posed replacement Naval Hospital on Guam to determine 

13 whether the size and scope of the hospital will be sufficient 

14 to support the current and projected military mission re15 quirements and Department of Defense beneficiary popu16 lation on Guam. 

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

18 of the enactment of this Act, the Comptroller General shall 

19 submit to the congressional defense committees a report 

20 containing the results of the review and assessment under 

21 subsection (a). 


smartinez on DSKB9S0YB1PROD with BILLS
892 

HR 5136 PCS1S 

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) and paragraphs (5) through (8) as para11 graphs (6) through (9), respectively; 

12 (3) by inserting after paragraph (4) the fol13 lowing new paragraph: 

14 ‘‘(5) Opportunities for the high-performance 

15 construction, lease, operation, and maintenance of 

16 buildings.’’; and 

17 (4) by inserting after paragraph (9) (as redesig18 nated by paragraph (2)) the following new para19 graph: 

20 ‘‘(10) The value of incorporating electric, hy21 brid-electric, and high efficiency vehicles into vehicle 

22 fleets.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
893 

HR 5136 PCS1S 

1 SEC. 2832. PLAN AND IMPLEMENTATION GUIDELINES FOR 

2 ACHIEVING DEPARTMENT OF DEFENSE GOAL 

3 REGARDING USE OF RENEWABLE ENERGY TO 

4 MEET FACILITY ENERGY NEEDS. 

5 (a) PLAN AND GUIDELINES REQUIRED.—Section 

6 2911(e) of title 10, United States Code, is amended— 

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

9 (2) by inserting after paragraph (1) the fol10 lowing new paragraph: 

11 ‘‘(2) The Secretary of Defense, in coordination with 

12 the Secretaries of the military departments, shall develop 

13 a plan and implementation guidelines for achieving the 

14 percentage goal specified in paragraph (1)(A).’’. 

15 (b) SUBMISSION.—Not later than one year after the 

16 date of the enactment of this Act, the Secretary of Defense 

17 shall submit to the Committees on Armed Services of the 

18 Senate and House of Representatives a report containing 

19 the plan and implementation guidelines required by para20 graph (2) of section 2911(e) of title 10, United States 

21 Code, as added by subsection (a). 

22 SEC. 2833. INSULATION RETROFITTING ASSESSMENT FOR 

23 DEPARTMENT OF DEFENSE FACILITIES. 

24 (a) SUBMISSION AND CONTENTS OF INSULATION

25 RETROFITTING ASSESSMENT.—Not later than one year 

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


smartinez on DSKB9S0YB1PROD with BILLS
894 

HR 5136 PCS1S 

1 of Defense shall submit to the Committees on Armed Serv2 ices of the Senate and House of Representatives an assess3 ment containing an estimate of— 

4 (1) the number of Department of Defense fa5 cilities described in subsection (b); and 

6 (2) the overall cost savings and energy savings 

7 to the Department that would result from retro8 fitting those facilities with improved insulation. 

9 (b) FACILITIES INCLUDED IN ASSESSMENT.—The 

10 assessment requirement in subsection (a) shall apply with 

11 respect to each Department of Defense facility the retro12 fitting of which (as described in such subsection) would 

13 result, over the remaining expected life of the facility, in 

14 an amount of cost savings that is at least twice the 

15 amount of the cost of the retrofitting. 

16 Subtitle E—Land Conveyances 

17 SEC. 2841. CONVEYANCE OF PERSONAL PROPERTY RE18 LATED TO WASTE-TO-ENERGY POWER PLANT 

19 SERVING EIELSON AIR FORCE BASE, ALASKA. 

20 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

21 the Air Force may convey to the Fairbanks North Star 

22 Borough, Alaska (in this section referred to as the ‘‘Bor23 ough’’), personal property acquired for the Eielson Air 

24 Force Base Alternate Energy Source Program to be used 

25 for a waste-to-energy power plant that would generate 


smartinez on DSKB9S0YB1PROD with BILLS
895 

HR 5136 PCS1S 

1 electricity through the burning of waste generated by the 

2 Borough, Eielson Air Force Base, and other Federal fa3 cilities or State or local government entities. 

4 (b) CONSIDERATION.—As consideration for the con5 veyance of personal property under subsection (a), the 

6 Secretary shall require the Borough to offset Eielson Air 

7 Force Base waste disposal fees by the fair market value 

8 of the conveyed property. 

9 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

10 Secretary may require such additional terms and condi11 tions in connection with the conveyance under subsection 

12 (a) as the Secretary considers appropriate to protect the 

13 interests of the United States. 

14 SEC. 2842. LAND CONVEYANCE, WHITTIER PETROLEUM, 

15 OIL, AND LUBRICANT TANK FARM, WHITTIER, 

16 ALASKA. 

17 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

18 the Army may convey, without consideration, to the City 

19 of Whittier, Alaska (in this section referred to as the 

20 ‘‘City’’), all right, title, and interest of the United States 

21 in and to parcels of real property, including any improve22 ments thereon, consisting of approximately 31 acres at the 

23 Whittier Petroleum, Oil, and Lubricant Tank Farm, Whit24 tier, Alaska, for the purpose of permitting the City to use 

25 the property for local public activities. 


smartinez on DSKB9S0YB1PROD with BILLS
896 

HR 5136 PCS1S 

1 (b) PAYMENT OF COSTS OF CONVEYANCES.— 

2 (1) PAYMENT REQUIRED.—The Secretary shall 

3 require the City to cover costs to be incurred by the 

4 Secretary, or to reimburse the Secretary for costs in5 curred by the Secretary, to carry out the conveyance 

6 under subsection (a), including survey costs, costs 

7 related to environmental documentation, and other 

8 administrative costs related to the conveyance. 

9 (2) TREATMENT OF AMOUNTS RECEIVED.— 

10 Amounts received as reimbursements under para11 graph (1) shall be credited to the fund or account 

12 that was used to cover the costs incurred by the Sec13 retary in carrying out the conveyance. Amounts so 

14 credited shall be merged with amounts in such fund 

15 or account and shall be available for the same pur16 poses, and subject to the same conditions and limita17 tions, as amounts in such fund or account. 

18 (c) SAVINGS PROVISION.—Nothing in this section 

19 shall be construed to affect or limit the application of, or 

20 any obligation to comply with, any environmental law, in21 cluding the Comprehensive Environmental Response, 

22 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

23 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

24 et seq.). 


smartinez on DSKB9S0YB1PROD with BILLS
897 

HR 5136 PCS1S 

1 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

2 and legal descriptions of the real property to be conveyed 

3 under subsection (a) shall be determined by a survey satis4 factory to the Secretary. 

5 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

6 Secretary may require such additional terms and condi7 tions in connection with the conveyance under subsection 

8 (a), including easements or covenants to protect cultural 

9 or natural resources, as the Secretary considers appro10 priate to protect the interests of the United States. 

11 SEC. 2843. LAND CONVEYANCE, FORT KNOX, KENTUCKY. 

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

13 the Army may convey, without consideration, to the De14 partment of Veterans Affairs of the Commonwealth of 

15 Kentucky (in this section referred to as the ‘‘Depart16 ment’’) all right, title, and interest of the United States 

17 in and to a parcel of real property, including any improve18 ments thereon, consisting of approximately 194 acres at 

19 Fort Knox, Kentucky, for the purpose of permitting the 

20 Department to establish and operate a State veterans 

21 home and future expansion of the adjacent State veterans 

22 cemetery for veterans and eligible family members of the 

23 Armed Forces. 

24 (b) REIMBURSEMENT FOR COSTS OF CONVEY25 ANCE.—(1) The Department shall reimburse the SecVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
898 

HR 5136 PCS1S 

1 retary for any costs incurred by the Secretary in making 

2 the conveyance under subsection (a), including costs re3 lated to environmental documentation and other adminis4 trative costs. This paragraph does not apply to costs asso5 ciated with the environmental remediation of the property 

6 to be conveyed. 

7 (2) Amounts received as reimbursement under para8 graph (1) shall be credited to the fund or account that 

9 was used to cover the costs incurred by the Secretary in 

10 carrying out the conveyance. Amounts so credited shall be 

11 merged with amounts in such fund or account and shall 

12 be available for the same purposes, and subject to the 

13 same conditions and limitations, as other amounts in such 

14 fund or account. 

15 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

16 and legal description of the real property to be conveyed 

17 under subsection (a) shall be determined by a survey satis18 factory to the Secretary. 

19 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance under subsection 

22 (a), as the Secretary considers appropriate to protect the 

23 interests of the United States. 


smartinez on DSKB9S0YB1PROD with BILLS
899 

HR 5136 PCS1S 

1 SEC. 2844. LAND CONVEYANCE, NAVAL SUPPORT ACTIVITY 

2 (WEST BANK), NEW ORLEANS, LOUISIANA. 

3 (a) CONVEYANCE AUTHORIZED.—Except as provided 

4 in subsection (b), the Secretary of the Navy may convey 

5 to the Algiers Development District all right, title, and in6 terest of the United States in and to the real property 

7 comprising the Naval Support Activity (West Bank), New 

8 Orleans, Louisiana, including— 

9 (1) any improvements and facilities on the real 

10 property; and 

11 (2) available personal property on the real prop12 erty. 

13 (b) CERTAIN PROPERTY EXCLUDED.—The convey14 ance under subsection (a) may not include— 

15 (1) the approximately 29-acre area known as 

16 the Secured Area of the real property described in 

17 such subsection, which shall remain subject to the 

18 Lease; and 

19 (2) the Quarters A site, which is located at 

20 Sanctuary Drive, as determined by a survey satisfac21 tory to the Secretary of the Navy. 

22 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

23 and legal description of the real property to be conveyed 

24 under subsection (a) shall be determined by a survey satis25 factory to the Secretary of the Navy. 


smartinez on DSKB9S0YB1PROD with BILLS
900 

HR 5136 PCS1S 

1 (d) TIMING.—The authority provided in subsection 

2 (a) may only be exercised after— 

3 (1) the Secretary of the Navy determines that 

4 the property described in subsection (a) is no longer 

5 needed by the Department of the Navy; and 

6 (2) the Algiers Development District delivers 

7 the full consideration as required by Article 3 of the 

8 Lease. 

9 (e) CONDITION OF CONVEYANCE.—The conveyance 

10 authorized by subsection (a) shall include a condition that 

11 expressly prohibits any use of the property that would 

12 interfere or otherwise restrict operations of the Depart13 ment of the Navy in the Secured Area referred to in sub14 section (b), as determined by the Secretary of the Navy. 

15 (f) SUBSEQUENT CONVEYANCE OF SECURED

16 AREA.—If at any time the Secretary of the Navy deter17 mines and notifies the Algiers Development District that 

18 there is no longer a continuing requirement to occupy or 

19 otherwise control the Secured Area referred to in sub20 section (b) to support the mission of the Marine Forces 

21 Reserve or other comparable Marine Corps use, the Sec22 retary may convey to the Algiers Development District the 

23 Secured Area and the any improvements situated thereon. 

24 (g) SUBSEQUENT CONVEYANCE OF QUARTERS A.— 

25 If at any time the Secretary of the Navy determines that 


smartinez on DSKB9S0YB1PROD with BILLS
901 

HR 5136 PCS1S 

1 the Department of the Navy no longer has a continuing 

2 requirement for general officers quarters to be located on 

3 the Quarters A site referred to in subsection (b) or the 

4 Department of the Navy elects or offers to transfer, sell, 

5 lease, assign, gift or otherwise convey any or all of the 

6 Quarters A site or any improvements thereon to any third 

7 party, the Secretary may convey to the Algiers Develop8 ment District the real property containing the Quarters 

9 A site. 

10 (h) ADDITIONAL TERMS AND CONDITIONS.—The 

11 Secretary of the Navy may require such additional terms 

12 and conditions in connection with the conveyance of prop13 erty under this section, consistent with the Lease, as the 

14 Secretary considers appropriate to protect the interest of 

15 the United States. 

16 (i) DEFINITIONS.—In this section: 

17 (1) The term ‘‘Algiers Development District’’ 

18 means the Algiers Development District, a local po19 litical subdivision of the State of Louisiana. 

20 (2) The term ‘‘Lease’’ means that certain Real 

21 Estate Lease for Naval Support Activity New Orle22 ans, West Bank, New Orleans, Louisiana, Lease No. 

23 N47692–08–RP–08P30, by and between the United 

24 States, acting by and through the Department of the 


smartinez on DSKB9S0YB1PROD with BILLS
902 

HR 5136 PCS1S 

1 Navy, and the Algiers Development District dated 

2 September 30, 2008. 

3 SEC. 2845. LAND CONVEYANCE, FORMER NAVY EXTREMELY 

4 LOW FREQUENCY COMMUNICATIONS 

5 PROJECT SITE, REPUBLIC, MICHIGAN. 

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

7 the Navy may convey, without consideration, to Humboldt 

8 Township in Marquette County, Michigan, all right, title, 

9 and interest of the United States in and to a parcel of 

10 real property, including any improvements thereon, in Re11 public, Michigan, consisting of approximately seven acres 

12 and formerly used as an Extremely Low Frequency com13 munications project site, for the purpose of permitting the 

14 Township to use the property for local public activities. 

15 (b) DESCRIPTION OF PROPERTY.—The exact acreage 

16 and legal description of the real property to be conveyed 

17 under subsection (a) shall be determined by a survey satis18 factory to the Secretary. 

19 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance under subsection 

22 (a) as the Secretary considers appropriate to protect the 

23 interests of the United States. 


smartinez on DSKB9S0YB1PROD with BILLS
903 

HR 5136 PCS1S 

1 SEC. 2846. LAND CONVEYANCE, MARINE FORCES RESERVE 

2 CENTER, WILMINGTON, NORTH CAROLINA. 

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

4 the Navy may convey to the North Carolina State Port 

5 Authority of Wilmington, North Carolina (in this section 

6 referred to as the ‘‘Port Authority’’), all right, title, and 

7 interest of the United States in and to a parcel of real 

8 property, including any improvements thereon, consisting 

9 of approximately 3.03 acres and known as the Marine 

10 Forces Reserve Center in Wilmington, North Carolina, for 

11 the purpose of permitting the Port Authority to use the 

12 parcel for development of a port facility and for other pub13 lic purposes. 

14 (b) INCLUSION OF PERSONAL PROPERTY.—The Sec15 retary of the Navy may include as part of the conveyance 

16 under subsection (a) personal property of the Navy at the 

17 Marine Forces Reserve Center that the Secretary of 

18 Transportation recommends is appropriate for the devel19 opment or operation of the port facility and the Secretary 

20 of the Navy agrees is excess to the needs of the Navy. 

21 (c) INTERIM LEASE.—Until such time as the real 

22 property described in subsection (a) is conveyed by deed, 

23 the Secretary of the Navy may lease the property to the 

24 Port Authority. 

25 (d) CONSIDERATION.— 


smartinez on DSKB9S0YB1PROD with BILLS
904 

HR 5136 PCS1S 

1 (1) CONVEYANCE.—The conveyance under sub2 section (a) shall be made without consideration as a 

3 public benefit conveyance for port development if the 

4 Secretary of the Navy determines that the Port Au5 thority satisfies the criteria specified in section 554 

6 of title 40, United States Code, and regulations pre7 scribed to implement such section. If the Secretary 

8 determines that the Port Authority fails to qualify 

9 for a public benefit conveyance, but still desires to 

10 acquire the property, the Port Authority shall pay to 

11 the United States an amount equal to the fair mar12 ket value of the property to be conveyed. The fair 

13 market value of the property shall be determined by 

14 the Secretary. 

15 (2) LEASE.—The Secretary of the Navy may 

16 accept as consideration for a lease of the property 

17 under subsection (c) an amount that is less than fair 

18 market value if the Secretary determines that the 

19 public interest will be served as a result of the lease. 

20 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

21 and legal description of the property to be conveyed under 

22 subsection (a) shall be determined by a survey satisfactory 

23 to the Secretary of the Navy and the Port Authority. The 

24 cost of such survey shall be borne by the Port Authority. 


smartinez on DSKB9S0YB1PROD with BILLS
905 

HR 5136 PCS1S 

1 (f) ADDITIONAL TERMS.—The Secretary of the Navy 

2 may require such additional terms and conditions in con3 nection with the conveyance as the Secretary considers ap4 propriate to protect the interests of the United States. 

5 Subtitle F—Other Matters 

6 SEC. 2851. REQUIREMENTS RELATED TO PROVIDING 

7 WORLD CLASS MILITARY MEDICAL FACILI8 TIES. 

9 (a) UNIFIED CONSTRUCTION STANDARD FOR MILI10 TARY CONSTRUCTION AND REPAIRS TO MILITARY MED11 ICAL FACILITIES.—Not later than 90 days after the date 

12 of the enactment of this Act, the Secretary of Defense 

13 shall establish a unified construction standard for military 

14 construction and repairs for military medical facilities that 

15 provides a single standard of care. This standard shall also 

16 include a size standard for operating rooms and patient 

17 recovery rooms. 

18 (b) INDEPENDENT REVIEW PANEL.— 

19 (1) ESTABLISHMENT; PURPOSE.—The Sec20 retary of Defense shall establish an independent ad21 visory panel for the purpose of— 

22 (A) advising the Secretary regarding 

23 whether the Comprehensive Master Plan for the 

24 National Capital Region Medical, dated April 

25 2010, is adequate to fulfill statutory requireVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00905 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
906 

HR 5136 PCS1S 

1 ments, as required by section 2714 of the Mili2 tary Construction Authorization Act for Fiscal 

3 Year 2010 (division B of Public Law 111–84; 

4 123 Stat. 2656), to ensure that the facilities 

5 and organizational structure described in the 

6 plan result in world class military medical facili7 ties in the National Capital Region; 

8 (B) monitoring the implementation and 

9 any subsequent modification of the master plan 

10 referred to in subparagraph (A); and 

11 (C) making recommendations regarding 

12 any adjustments of the master plan referred to 

13 in subparagraph (A) needed to ensure the pro14 vision of world class military medical facilities 

15 and delivery system in the National Capital Re16 gion. 

17 (2) MEMBERS.— 

18 (A) APPOINTMENTS BY SECRETARY.—The 

19 panel shall be composed of such members as de20 termined by the Secretary of Defense, except 

21 that the Secretary shall include as members— 

22 (i) medical facility design experts; 

23 (ii) military healthcare professionals; 

24 (iii) representatives of premier health 

25 care facilities in the United States; and 


smartinez on DSKB9S0YB1PROD with BILLS
907 

HR 5136 PCS1S 

1 (iv) former retired senior military offi2 cers with joint operational and budgetary 

3 experience. 

4 (B) CONGRESSIONAL APPOINTMENTS.— 

5 The chairmen and ranking members of the 

6 Committees on the Armed Services of the Sen7 ate and House of Representatives may each 

8 designate one member of the panel. 

9 (C) TERM.—Members of the panel may 

10 serve on the panel until the termination date 

11 specified in paragraph (7). 

12 (D) COMPENSATION.—While performing 

13 duties on behalf of the panel, a member and 

14 any adviser referred to in paragraph (4) shall 

15 be reimbursed under Government travel regula16 tions for necessary travel expenses. 

17 (3) MEETINGS.—The panel shall meet not less 

18 than quarterly. The panel or its members may make 

19 other visits to military treatment facilities and mili20 tary headquarters in connection with the duties of 

21 the panel. 

22 (4) STAFF AND ADVISORS.—The Secretary of 

23 Defense shall provide necessary administrative staff 

24 support to the panel. The panel may call in advisers 

25 for consultation. 


smartinez on DSKB9S0YB1PROD with BILLS
908 

HR 5136 PCS1S 

1 (5) REPORTS.— 

2 (A) INITIAL REPORT.—Not later than 120 

3 days after the first meeting of the panel, the 

4 panel shall submit to the Secretary of Defense 

5 a written report containing an assessment of 

6 the adequacy of the master plan referred to in 

7 paragraph (1)(A) and the recommendations of 

8 the panel to improve the plan. 

9 (B) ADDITIONAL REPORTS.—Not later 

10 than February 28, 2011, and February 29, 

11 2012, the panel shall submit to the Secretary of 

12 Defense a report on the findings and rec13 ommendations of the panel to address any defi14 ciencies identified by the panel. 

15 (6) ASSESSMENT OF RECOMMENDATIONS.—Not 

16 later than 30 days after the date of the submission 

17 of each report under paragraph (5), the Secretary of 

18 Defense shall submit to the congressional defense 

19 committees a report including— 

20 (A) an assessment by the Secretary of the 

21 findings and recommendations of the panel; and 

22 (B) the plans of the Secretary for address23 ing such findings and recommendations. 

24 (7) TERMINATION.—The panel shall terminate 

25 on September 30, 2015. 


smartinez on DSKB9S0YB1PROD with BILLS
909 

HR 5136 PCS1S 

1 (c) DEFINITIONS.—In this section: 

2 (1) NATIONAL CAPITAL REGION.—The term 

3 ‘‘National Capital Region’’ has the meaning given 

4 the term in section 2674(f) of title 10, United States 

5 Code. 

6 (2) WORLD CLASS MILITARY MEDICAL FACIL7 ITY.—The term ‘‘world class military medical facil8 ity’’ has the meaning given the term by the National 

9 Capital Region Base Realignment and Closure 

10 Health Systems Advisory Subcommittee of the De11 fense Health Board in appendix B of the report ti12 tled ‘‘Achieving World Class—An Independent Re13 view of the Design Plans for the Walter Reed Na14 tional Military Medical Center and the Fort Belvoir 

15 Community Hospital’’ and published in May 2009, 

16 as required by section 2721 of the Military Con17 struction Authorization Act for Fiscal Year 2009 

18 (division B of Public Law 110–417; 122 Stat. 

19 4716). 

20 SEC. 2852. NAMING OF ARMED FORCES RESERVE CENTER, 

21 MIDDLETOWN, CONNECTICUT. 

22 The newly constructed Armed Forces Reserve Center 

23 in Middletown, Connecticut, shall be known and des24 ignated as the ‘‘Major General Maurice Rose Armed 

25 Forces Reserve Center’’. Any reference in a law, map, regVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00909 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
910 

HR 5136 PCS1S 

1 ulation, document, paper, or other record of the United 

2 States to such Armed Forces Reserve Center shall be 

3 deemed to be a reference to the Major General Maurice 

4 Rose Armed Forces Reserve Center. 

5 TITLE XXIX—OVERSEAS CONTIN6 GENCY OPERATIONS MILI7 TARY CONSTRUCTION 

8 Subtitle A—Fiscal Year 2010 

9 Projects 

10 SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 

11 ACQUISITION PROJECTS AND AUTHORIZA12 TION OF APPROPRIATIONS. 

13 (a) OUTSIDE THE UNITED STATES.—The Secretary 

14 of the Army may acquire real property and carry out mili15 tary construction projects for various locations outside the 

16 United States, and subject to the purpose, total amount 

17 authorized, and authorization of appropriations specified 

18 for the projects, set forth in the following table: 

Army: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Various Locations ............. Operational Facilities ................................. 80,100 80,100 

AF Various Locations ............. Supporting Activities .................................. 62,900 62,900 

AF Various Locations ............. Utility Facilities ......................................... 52,600 52,600 

19 (b) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) OUTSIDE THE UNITED STATES.—For mili21 tary construction projects outside the United States 

22 authorized by subsection (a), funds are hereby auVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
911 

HR 5136 PCS1S 

1 thorized to be appropriated for fiscal years begin2 ning after September 30, 2009, in the total amount 

3 of $195,600,000. 

4 (2) UNSPECIFIED MINOR MILITARY CONSTRUC5 TION PROJECTS.—For unspecified minor military 

6 construction projects authorized by section 2805 of 

7 title 10, United States Code, funds are hereby au8 thorized to be appropriated for fiscal years begin9 ning after September 30, 2009, in the total amount 

10 of $40,000,000. 

11 (3) ARCHITECTURAL AND ENGINEERING SERV12 ICES AND CONSTRUCTION DESIGN.—For architec13 tural and engineering services and construction de14 sign under section 2807 of title 10, United States 

15 Code, funds are hereby authorized to be appro16 priated for fiscal years beginning after September 

17 30, 2009, in the total amount of $6,696,000. 

18 SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 

19 LAND ACQUISITION PROJECTS AND AUTHOR20 IZATION OF APPROPRIATIONS. 

21 (a) OUTSIDE THE UNITED STATES.—The Secretary 

22 of the Air Force may acquire real property and carry out 

23 military construction projects for various locations outside 

24 the United States, and subject to the purpose, total 


smartinez on DSKB9S0YB1PROD with BILLS
912 

HR 5136 PCS1S 

1 amount authorized, and authorization of appropriations 

2 specified for the projects, set forth in the following table: 

Air Force: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Various Locations ............. Operational Facilities ................................. 220,500 220,500 

AF Various Locations ............. Supply Facilities ......................................... 24,550 24,550 

3 (b) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) OUTSIDE THE UNITED STATES.—For mili5 tary construction projects outside the United States 

6 authorized by subsection (a), funds are hereby au7 thorized to be appropriated for fiscal years begin8 ning after September 30, 2009, in the total amount 

9 of $245,050,000. 

10 (2) UNSPECIFIED MINOR MILITARY CONSTRUC11 TION PROJECTS.—For unspecified minor military 

12 construction projects authorized by section 2805 of 

13 title 10, United States Code, funds are hereby au14 thorized to be appropriated for fiscal years begin15 ning after September 30, 2009, in the total amount 

16 of $15,000,000. 

17 (3) ARCHITECTURAL AND ENGINEERING SERV18 ICES AND CONSTRUCTION DESIGN.—For architec19 tural and engineering services and construction de20 sign under section 2807 of title 10, United States 

21 Code, funds are hereby authorized to be appro22 priated for fiscal years beginning after September 

23 30, 2009, in the total amount of $19,040,000. 


smartinez on DSKB9S0YB1PROD with BILLS
913 

HR 5136 PCS1S 

1 Subtitle B—Fiscal Year 2011 

2 Projects 

3 SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS AND AUTHORIZA5 TION OF APPROPRIATIONS. 

6 (a) OUTSIDE THE UNITED STATES.—The Secretary 

7 of the Army may acquire real property and carry out mili8 tary construction projects for various locations outside the 

9 United States, and subject to the purpose, total amount 

10 authorized, and authorization of appropriations specified 

11 for the projects, set forth in the following table: 

Army: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Various Locations ............. Air Pollution Abatement ............................ 16,000 16,000 

AF Various Locations ............. Community Facilities ................................. 21,450 21,450 

AF Various Locations ............. Hospital and Medical Facilities ................. 50,800 50,800 

AF Various Locations ............. Operational Facilities ................................. 69,600 69,600 

AF Various Locations ............. Supply Facilities ......................................... 30,700 30,700 

AF Various Locations ............. Supporting Activities .................................. 199,800 199,800 

AF Various Locations ............. Troop Housing Facilities ........................... 283,000 283,000 

AF Various Locations ............. Utility Facilities ......................................... 90,600 90,600 

12 (b) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) OUTSIDE THE UNITED STATES.—For mili14 tary construction projects outside the United States 

15 authorized by subsection (a), funds are hereby au16 thorized to be appropriated for fiscal years begin17 ning after September 30, 2010, in the total amount 

18 of $761,950,000. 

19 (2) UNSPECIFIED MINOR MILITARY CONSTRUC20 TION PROJECTS.—For unspecified minor military 

21 construction projects authorized by section 2805 of 


smartinez on DSKB9S0YB1PROD with BILLS
914 

HR 5136 PCS1S 

1 title 10, United States Code, funds are hereby au2 thorized to be appropriated for fiscal years begin3 ning after September 30, 2010, in the total amount 

4 of $78,330,000. 

5 (3) ARCHITECTURAL AND ENGINEERING SERV6 ICES AND CONSTRUCTION DESIGN.—For architec7 tural and engineering services and construction de8 sign under section 2807 of title 10, United States 

9 Code, funds are hereby authorized to be appro10 priated for fiscal years beginning after September 

11 30, 2010, in the total amount of $89,716,000. 

12 SEC. 2912. AUTHORIZED AIR FORCE CONSTRUCTION AND 

13 LAND ACQUISITION PROJECTS AND AUTHOR14 IZATION OF APPROPRIATIONS. 

15 (a) OUTSIDE THE UNITED STATES.—The Secretary 

16 of the Air Force may acquire real property and carry out 

17 military construction projects for various locations outside 

18 the United States, and subject to the purpose, total 

19 amount authorized, and authorization of appropriations 

20 specified for the projects, set forth in the following table: 

Air Force: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Various Locations ............. Maintenance and Production Facilities ..... 7,400 7,400 

AF Various Locations ............. Operational Facilities ................................. 203,000 203,000 

AF Various Locations ............. Supply Facilities ......................................... 7,100 7,100 

21 (b) AUTHORIZATION OF APPROPRIATIONS.— 


smartinez on DSKB9S0YB1PROD with BILLS
915 

HR 5136 PCS1S 

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 $217,500,000. 

7 (2) UNSPECIFIED MINOR MILITARY CONSTRUC8 TION PROJECTS.—For unspecified minor military 

9 construction projects authorized by section 2805 of 

10 title 10, United States Code, funds are hereby au11 thorized to be appropriated for fiscal years begin12 ning after September 30, 2010, in the total amount 

13 of $49,584,000. 

14 (3) ARCHITECTURAL AND ENGINEERING SERV15 ICES AND CONSTRUCTION DESIGN.—For architec16 tural and engineering services and construction de17 sign under section 2807 of title 10, United States 

18 Code, funds are hereby authorized to be appro19 priated for fiscal years beginning after September 

20 30, 2010, in the total amount of $13,422,000. 

21 SEC. 2913. AUTHORIZED DEFENSE WIDE CONSTRUCTION 

22 AND LAND ACQUISITION PROJECTS AND AU23 THORIZATION OF APPROPRIATIONS. 

24 (a) OUTSIDE THE UNITED STATES.—The Secretary 

25 of Defense may acquire real property and carry out miliVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00915 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
916 

HR 5136 PCS1S 

1 tary construction projects for the Defense Agencies for a 

2 classified project at a classified location outside the United 

3 States, and subject to the total amount authorized and 

4 authorization of appropriations specified for the project, 

5 set forth in the following table: 

Defense Wide: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

XC Classified Location ........... Classified Project ....................................... 41,900 41,900 

6 (b) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) OUTSIDE THE UNITED STATES.—For mili8 tary construction projects outside the United States 

9 authorized by subsection (a), funds are hereby au10 thorized to be appropriated for fiscal years begin11 ning after September 30, 2010, in the total amount 

12 of $41,900,000. 

13 (2) ARCHITECTURAL AND ENGINEERING SERV14 ICES AND CONSTRUCTION DESIGN.—For architec15 tural and engineering services and construction de16 sign authorized by section 2807 of title 10, United 

17 States Code, funds are hereby authorized to be ap18 propriated for fiscal years beginning after September 

19 30, 2010, in the total amount of $4,600,000. 


smartinez on DSKB9S0YB1PROD with BILLS
917 

HR 5136 PCS1S 

1 SEC. 2914. CONSTRUCTION AUTHORIZATION FOR DEPART2 MENT OF DEFENSE FACILITIES IN A FOREIGN 

3 COUNTRY. 

4 Of the amounts authorized to be appropriated by this 

5 subtitle, the Secretary of Defense may use not more than 

6 $46,500,000 to plan, design, and construct facilities in a 

7 foreign country for the Department of Defense. 

8 Subtitle C—Other Matters 

9 SEC. 2921. NOTIFICATION OF OBLIGATION OF FUNDS AND 

10 QUARTERLY REPORTS. 

11 (a) NOTIFICATION OF OBLIGATION OF FUNDS.— 

12 (1) NOTICE AND WAIT REQUIREMENT.—Before 

13 using appropriated funds to carry out a construction 

14 project outside the United States that is authorized 

15 by section 2901, 2902, 2911, or 2912 and has an 

16 estimated cost in excess of the amounts authorized 

17 for unspecified minor military construction projects 

18 under section 2805(c) of title 10, United States 

19 Code, the Secretary of Defense shall submit to the 

20 congressional defense committees a notice regarding 

21 the construction project. The project may be carried 

22 out only after the end of the 10-day period begin23 ning on the date the notice is received by the com24 mittees or, if earlier, the end of the 7-day period be25 ginning on the date on which a copy of the notificaVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00917 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
918 

HR 5136 PCS1S 

1 tion is provided in an electronic medium pursuant to 

2 section 480 of title 10, United States Code. 

3 (2) CONTENTS OF NOTICE.—The notice for a 

4 construction project covered by subsection (a) shall 

5 include the following: 

6 (A) Certification that the construction— 

7 (i) is necessary to meet urgent mili8 tary operational requirements of a tem9 porary nature involving the use of the 

10 Armed Forces; 

11 (ii) is carried out in support of a non12 enduring mission; and 

13 (iii) is the minimum construction nec14 essary to meet temporary operational re15 quirements. 

16 (B) A description of the purpose for which 

17 appropriated funds are being obligated. 

18 (C) All relevant documentation detailing 

19 the construction project. 

20 (D) An estimate of the total amount obli21 gated for the construction. 

22 (b) QUARTERLY REPORTS.— 

23 (1) REPORT REQUIRED.—Not later than 45 

24 days after the end of each fiscal-year quarter during 

25 which appropriated funds are obligated or expended 


smartinez on DSKB9S0YB1PROD with BILLS
919 

HR 5136 PCS1S 

1 to carry out construction projects outside the United 

2 States that are authorized by section 2901, 2902, 

3 2911, or 2912, the Secretary of Defense shall sub4 mit to the congressional defense committees a report 

5 on the worldwide obligation and expenditure during 

6 that quarter of appropriated funds for such con7 struction projects. 

8 (2) PROJECT AUTHORITY CONTINGENT ON SUB9 MISSION OF REPORTS.—The ability to use section 

10 2901, 2902, 2911, or 2912 as authority during a 

11 fiscal year to obligate appropriated funds available 

12 to carry out construction projects outside the United 

13 States shall commence for that fiscal year only after 

14 the date on which the Secretary of Defense submits 

15 to the congressional defense committees all of the 

16 quarterly reports (if any) that were required under 

17 paragraph (1) for the preceding fiscal year. 

18 (c) LIMITATION ON TRANSFER AUTHORITY.—If the 

19 Secretary of the Army or the Secretary of the Air Force 

20 determines that amounts appropriated pursuant to the au21 thorization of appropriation in section 2901, 2902, 2911, 

22 or 2912 are required for any construction project that will 

23 cause obligations to exceed any of the category amounts 

24 specified in this title or for a construction project that is 

25 not within the scope of the category, the Secretary shall 


smartinez on DSKB9S0YB1PROD with BILLS
920 

HR 5136 PCS1S 

1 notify the congressional defense committees of this deter2 mination at least 14 days before obligating funds for the 

3 project. 

4 DIVISION C—DEPARTMENT OF 

5 ENERGY NATIONAL SECURITY 

6 AUTHORIZATIONS AND 

7 OTHER AUTHORIZATIONS 

8 TITLE XXXI—DEPARTMENT OF 

9 ENERGY NATIONAL SECURITY 

10 PROGRAMS 

11 Subtitle A—National Security 

12 Programs Authorizations 

13 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA14 TION. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

16 are hereby authorized to be appropriated to the Depart17 ment of Energy for fiscal year 2011 for the activities of 

18 the National Nuclear Security Administration in carrying 

19 out programs necessary for national security in the 

20 amount of $11,214,755,000, to be allocated as follows: 

21 (1) For weapons activities, $7,008,835,000. 

22 (2) For defense nuclear nonproliferation activi23 ties, $2,687,167,000. 

24 (3) For naval reactors, $1,070,486,000. 


smartinez on DSKB9S0YB1PROD with BILLS
921 

HR 5136 PCS1S 

1 (4) For the Office of the Administrator for Nu2 clear Security, $448,267,000. 

3 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

4 From funds referred to in subsection (a) that are available 

5 for carrying out plant projects, the Secretary of Energy 

6 may carry out new plant projects for the National Nuclear 

7 Security Administration as follows: 

8 (1) Project 11–D–801, reinvestment project 

9 phase 2, Los Alamos National Laboratory, Los Ala10 mos, New Mexico, $23,300,000. 

11 (2) Project 11–D–601, sanitary effluent rec12 lamation facility expansion, Los Alamos National 

13 Laboratory, Los Alamos, New Mexico, $15,000,000. 

14 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

15 Funds are hereby authorized to be appropriated to 

16 the Department of Energy for fiscal year 2011 for defense 

17 environmental cleanup activities in carrying out programs 

18 necessary for national security in the amount of 

19 $5,588,039,000. 

20 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

21 Funds are hereby authorized to be appropriated to 

22 the Department of Energy for fiscal year 2011 for other 

23 defense activities in carrying out programs necessary for 

24 national security in the amount of $878,209,000. 


smartinez on DSKB9S0YB1PROD with BILLS
922 

HR 5136 PCS1S 

1 SEC. 3104. ENERGY SECURITY AND ASSURANCE. 

2 Funds are hereby authorized to be appropriated to 

3 the Department of Energy for fiscal year 2011 for energy 

4 security and assurance programs necessary for national 

5 security in the amount of $6,188,000. 

6 Subtitle B—Program Authoriza7 tions, Restrictions, and Limita8 tions 

9 SEC. 3111. EXTENSION OF AUTHORITY RELATING TO THE 

10 INTERNATIONAL MATERIALS PROTECTION, 

11 CONTROL, AND ACCOUNTING PROGRAM OF 

12 THE DEPARTMENT OF ENERGY. 

13 Section 3156(b)(1) of the Bob Stump National De14 fense Authorization Act for Fiscal Year 2003 (Public Law 

15 107–314; 116 Stat. 2739; 50 U.S.C. 2343(b)(1)) is 

16 amended by striking ‘‘January 1, 2013’’ and inserting 

17 ‘‘January 1, 2018’’. 

18 SEC. 3112. ENERGY PARKS INITIATIVE. 

19 (a) IN GENERAL.—Subtitle B of title XLVIII of the 

20 Atomic Energy Defense Act (division D of Public Law 

21 107–314; 50 U.S.C. 2501 et seq.) is amended by adding 

22 at the end the following: 

23 ‘‘SEC. 4815. ENERGY PARKS INITIATIVE. 

24 ‘‘(a) IN GENERAL.—The Secretary of Energy may fa25 cilitate the development of energy parks described in sub26 section (b) on defense nuclear facility reuse property 


smartinez on DSKB9S0YB1PROD with BILLS
923 

HR 5136 PCS1S 

1 through the use of collaborative partnerships with State 

2 and local governments, the private sector, and community 

3 reuse organizations approved by the Secretary. 

4 ‘‘(b) ENERGY PARKS.—An energy park described in 

5 this subsection is a facility (or group of facilities) devel6 oped for the purpose of— 

7 ‘‘(1) promoting energy security, environmental 

8 sustainability, economic competitiveness, and energy 

9 sector jobs; and 

10 ‘‘(2) encouraging pilot programs, demonstration 

11 projects, or commercial projects, at or near such fa12 cility, with respect to energy generation, energy effi13 ciency, and advanced manufacturing technologies 

14 that will contribute to a stabilization of atmospheric 

15 greenhouse gas concentrations through the reduc16 tion, avoidance, or sequestration of energy-related 

17 emissions. 

18 ‘‘(c) INFRASTRUCTURE.—In facilitating the develop19 ment of an energy park under this section, the Secretary 

20 shall— 

21 ‘‘(1) use existing infrastructure, facilities, 

22 workforces, and other assets in the vicinity of the 

23 energy park; and 


smartinez on DSKB9S0YB1PROD with BILLS
924 

HR 5136 PCS1S 

1 ‘‘(2) ensure that such energy park does not 

2 interfere with the Secretary’s other responsibilities 

3 at any defense nuclear facility. 

4 ‘‘(d) REPORT.—Not later than December 31, 2011, 

5 the Secretary shall submit to the Committee on Armed 

6 Services and the Committee on Energy and Commerce of 

7 the House of Representatives and the Committee on 

8 Armed Services and the Committee on Energy and Nat9 ural Resources of the Senate a report on steps taken to 

10 facilitate the development of energy parks under this sec11 tion. 

12 ‘‘(e) DEFINITIONS.—In this section: 

13 ‘‘(1) The term ‘defense nuclear facility’ has the 

14 meaning given the term ‘Department of Energy de15 fense nuclear facility’ in section 318 of the Atomic 

16 Energy Act of 1954 (42 U.S.C. 2286g). 

17 ‘‘(2) The term ‘defense nuclear facility reuse 

18 property’ means property that— 

19 ‘‘(A) is located at a defense nuclear facil20 ity; and 

21 ‘‘(B) the Secretary of Energy determines— 

22 ‘‘(i) has been adequately remediated 

23 by the Secretary or was not in need of re24 mediation; and 


smartinez on DSKB9S0YB1PROD with BILLS
925 

HR 5136 PCS1S 

1 ‘‘(ii) is ready for use as an energy 

2 park.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in section 4001(b) of such Act (division D of Public Law 

5 107–314) is amended by inserting after the item relating 

6 to section 4814 the following new item: 

‘‘Sec. 4815. Energy parks initiative.’’. 

7 SEC. 3113. ESTABLISHMENT OF TECHNOLOGY TRANSFER 

8 CENTERS. 

9 (a) TECHNOLOGY TRANSFER CENTERS.— 

10 (1) IN GENERAL.—Section 4813 of the Atomic 

11 Energy Defense Act (division D of Public Law 107– 

12 314; 50 U.S.C. 2794) is amended— 

13 (A) by redesignating subsection (b) as sub14 section (c); and 

15 (B) by inserting after subsection (a) the 

16 following new subsection (b): 

17 ‘‘(b) TECHNOLOGY TRANSFER CENTERS.—(1) Sub18 ject to the availability of appropriations provided for such 

19 purpose, the Administrator shall establish a technology 

20 transfer center described in paragraph (2) at each na21 tional security laboratory. 

22 ‘‘(2) A technology transfer center described in this 

23 paragraph is a center to foster collaborative scientific re24 search, technology development, and the appropriate 


smartinez on DSKB9S0YB1PROD with BILLS
926 

HR 5136 PCS1S 

1 transfer of research and technology to users in addition 

2 to the national security laboratories. 

3 ‘‘(3) In establishing a technology transfer center 

4 under this subsection, the Administrator— 

5 ‘‘(A) shall enter into cooperative research and 

6 development agreements with governmental, public, 

7 academic, or private entities; and 

8 ‘‘(B) may enter into a contract with respect to 

9 constructing, purchasing, managing, or leasing 

10 buildings or other facilities.’’. 

11 (2) DEFINITION.—Subsection (c) of such sec12 tion, as redesignated by paragraph (1)(A), is amend13 ed by adding at the end the following new para14 graph: 

15 ‘‘(5) The term ‘national security laboratory’ has 

16 the meaning given that term in section 3281 of the 

17 National Nuclear Security Administration Act (50 

18 U.S.C. 2471).’’. 

19 (3) SECTION HEADING.—The heading of such 

20 section is amended by inserting ‘‘AND TECH21 NOLOGY TRANSFER CENTERS’’ after ‘‘PARTNER22 SHIPS’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 4001(b) of such Act (division D of Public Law 


smartinez on DSKB9S0YB1PROD with BILLS
927 

HR 5136 PCS1S 

1 107–314) is amended by striking the item relating to sec2 tion 4813 and inserting the following new item: 

‘‘Sec. 4813. Critical technology partnerships and technology transfer centers.’’. 

3 SEC. 3114. AIRCRAFT PROCUREMENT. 

4 Of the amounts authorized to be appropriated under 

5 section 3101(a)(1) for fiscal year 2011 for weapons activi6 ties, the Secretary of Energy may procure not more than 

7 two aircraft. 

8 SEC. 3115. ENHANCING PRIVATE-SECTOR EMPLOYMENT 

9 THROUGH TECHNOLOGY TRANSFER ACTIVI10 TIES. 

11 (a) IN GENERAL.—The Administrator for Nuclear 

12 Security shall encourage technology transfer activities at 

13 the national security laboratories (as defined in section 

14 3281 of the National Nuclear Security Administration Act 

15 (50 U.S.C. 2471)) that lead to the creation of new private16 sector employment opportunities. 

17 (b) REPORTS.—Not later than January 31 of each 

18 year, the Administrator shall submit to Congress a report 

19 detailing the number of new private-sector employment op20 portunities created as a result of the previous years’ tech21 nology transfer activities at each national security labora22 tory. 


smartinez on DSKB9S0YB1PROD with BILLS
928 

HR 5136 PCS1S 

1 Subtitle C—Reports 

2 SEC. 3121. COMPTROLLER GENERAL REPORT ON NNSA BI3 ENNIAL COMPLEX MODERNIZATION STRAT4 EGY. 

5 Section 3255 of the National Nuclear Security Ad6 ministration Act (50 U.S.C. 2455) 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) GAO STUDY AND REPORTS.—(1) For each plan 

12 and assessment submitted under subsection (a), the 

13 Comptroller General of the United States shall conduct 

14 a study that includes the following: 

15 ‘‘(A) An analysis of the plan under subsection 

16 (a)(1). 

17 ‘‘(B) An analysis of the assessment under sub18 section (a)(2). 

19 ‘‘(C) Whether both the budget for the fiscal 

20 year in which the plan and assessment are submitted 

21 and the future-years nuclear security program sub22 mitted to Congress in relation to such budget under 

23 section 3253 provide for funding of the nuclear secu24 rity complex at a level that is sufficient for the modVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00928 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
929 

HR 5136 PCS1S 

1 ernization and refurbishment of the nuclear security 

2 complex in accordance with the plan. 

3 ‘‘(D) An analysis of any assessment submitted 

4 by the Administrator under subsection (c). 

5 ‘‘(E) With respect to the facilities infrastruc6 ture recapitalization program— 

7 ‘‘(i) whether such program achieved its 

8 mission of addressing deferred and backlogged 

9 maintenance; 

10 ‘‘(ii) to what extent deferred and back11 logged maintenance remains unaddressed; 

12 ‘‘(iii) whether the expiration of such pro13 gram’s authorities has weakened or strength14 ened plans under subsection (a); and 

15 ‘‘(iv) whether the reauthorization of such 

16 program would further the goal of modernizing 

17 and refurbishing the nuclear security complex. 

18 ‘‘(2) Not later than 180 days after the date on which 

19 the Administrator submits the plan and assessment under 

20 subsection (a), the Comptroller General shall submit to the 

21 congressional defense committees a report on the study 

22 under paragraph (1), including— 

23 ‘‘(A) the findings of the study under paragraph 

24 (1); 


smartinez on DSKB9S0YB1PROD with BILLS
930 

HR 5136 PCS1S 

1 ‘‘(B) whether the plan and assessment sub2 mitted under subsection (a) support each element 

3 under subsection (b); and 

4 ‘‘(C) the role of the United States Strategic 

5 Command in making an assessment under sub6 section (c). 

7 ‘‘(3) Not later than 90 days after the date on which 

8 a budget is submitted to Congress during an even-num9 bered fiscal year, the Comptroller General shall submit to 

10 the congressional defense committees an update to the 

11 previous study under paragraph (1) taking into account 

12 the nuclear security budget materials included with such 

13 budget.’’. 

14 SEC. 3122. REPORT ON GRADED SECURITY PROTECTION 

15 POLICY. 

16 (a) REPORT.—Not later than February 1, 2011, the 

17 Secretary of Energy shall submit to the congressional de18 fense committees a report on the implementation of the 

19 graded security protection policy of the Department of En20 ergy. 

21 (b) MATTERS INCLUDED.—The report under sub22 section (a) shall include the following: 

23 (1) A comprehensive plan and schedule (includ24 ing any benchmarks, milestones, or other deadlines) 


smartinez on DSKB9S0YB1PROD with BILLS
931 

HR 5136 PCS1S 

1 for implementing the graded security protection pol2 icy. 

3 (2) An explanation of the current status of the 

4 graded security protection policy for each site with 

5 respect to the comprehensive plan under paragraph 

6 (1). 

7 (3) An explanation of the Secretary’s objective 

8 end-state for implementation of the graded security 

9 protection policy (such end-state shall include sup10 porting justification and rationale to ensure that ro11 bust and adaptive security measures meet the grad12 ed security protection policy requirements). 

13 (4) Identification of each site that has received 

14 an exception or waiver to the graded security protec15 tion policy, including the justification for each such 

16 exception or waiver. 

17 (5) A schedule for ‘‘force-on-force’’ exercises 

18 that the Secretary considers necessary to maintain 

19 operational readiness. 

20 (6) A description of a program that will provide 

21 proper training and equipping of personnel to a cer22 tifiable standard. 

23 (c) FORM.—The report required by subsection (a) 

24 shall be submitted in unclassified form, but may include 

25 a classified annex. 


smartinez on DSKB9S0YB1PROD with BILLS
932 

HR 5136 PCS1S 

1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY 

3 BOARD 

4 SEC. 3201. AUTHORIZATION. 

5 There are authorized to be appropriated for fiscal 

6 year 2011, $28,640,000 for the operation of the Defense 

7 Nuclear Facilities Safety Board under chapter 21 of the 

8 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

9 TITLE XXXIV—NAVAL 

10 PETROLEUM RESERVES 

11 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AMOUNT.—There are hereby authorized to be ap13 propriated to the Secretary of Energy $23,614,000 for fis14 cal year 2011 for the purpose of carrying out activities 

15 under chapter 641 of title 10, United States Code, relating 

16 to the naval petroleum reserves. 

17 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

18 pursuant to the authorization of appropriations in sub19 section (a) shall remain available until expended. 


smartinez on DSKB9S0YB1PROD with BILLS
933 

HR 5136 PCS1S 

1 TITLE XXXV—MARITIME 

2 ADMINISTRATION 

3 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NA4 TIONAL SECURITY ASPECTS OF THE MER5 CHANT MARINE FOR FISCAL YEAR 2011. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2011, to be available without fiscal year limita8 tion if so provided in appropriations Acts, for the use of 

9 the Department of Transportation for Maritime Adminis10 tration programs associated with maintaining national se11 curity aspects of the merchant marine, as follows: 

12 (1) For expenses necessary for operations of the 

13 United States Merchant Marine Academy, 

14 $100,020,000, of which— 

15 (A) $63,120,000 shall remain available 

16 until expended for Academy operations; 

17 (B) $6,000,000 shall remain available until 

18 expended for refunds to Academy midshipmen 

19 for improperly charged fees; and 

20 (C) $30,900,000 shall remain available 

21 until expended for capital improvements at the 

22 Academy. 

23 (2) For expenses necessary to support the State 

24 maritime academies, $15,007,000, of which— 


smartinez on DSKB9S0YB1PROD with BILLS
934 

HR 5136 PCS1S 

1 (A) $2,000,000 shall remain available until 

2 expended for student incentive payments; 

3 (B) $2,000,000 shall remain available until 

4 expended for direct payments to such acad5 emies; and 

6 (C) $11,007,000 shall remain available 

7 until expended for maintenance and repair of 

8 State maritime academy training vessels. 

9 (3) For expenses necessary to dispose of vessels 

10 in the National Defense Reserve Fleet, $10,000,000. 

11 (4) For expenses to maintain and preserve a 

12 United States-flag merchant marine to serve the na13 tional security needs of the United States under 

14 chapter 531 of title 46, United States Code, 

15 $174,000,000. 

16 (5) For the cost (as defined in section 502(5) 

17 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

18 661a(5)) of loan guarantees under the program au19 thorized by chapter 537 of title 46, United States 

20 Code, $60,000,000, of which $3,688,000 shall re21 main available until expended for administrative ex22 penses of the program. 


smartinez on DSKB9S0YB1PROD with BILLS
935 

HR 5136 PCS1S 

1 SEC. 3502. EXTENSION OF MARITIME SECURITY FLEET PRO2 GRAM. 

3 Chapter 531 of title 46, United States Code, is 

4 amended— 

5 (1) in section 53104(a), by striking ‘‘2015’’ and 

6 inserting ‘‘2025’’; 

7 (2) in section 53106(a)(1)(C), by striking ‘‘for 

8 each fiscal years 2012, 2013, 2014, and 2015’’ and 

9 inserting ‘‘for each of fiscal years 2012 though 

10 2025’’; and 

11 (3) in section 53111(3), by striking ‘‘2015’’ and 

12 inserting ‘‘2025’’. 

13 SEC. 3503. UNITED STATES MERCHANT MARINE ACADEMY 

14 NOMINATIONS OF RESIDENTS OF THE 

15 NORTHERN MARIANA ISLANDS. 

16 Section 51302(b) of title 46, United States Code, is 

17 amended— 

18 (1) in paragraph (3), by inserting ‘‘the North19 ern Mariana Islands,’’ after ‘‘Guam,’’; and 

20 (2) by striking paragraph (5) and redesignating 

21 paragraph (6) as paragraph (5). 


smartinez on DSKB9S0YB1PROD with BILLS
936 

HR 5136 PCS1S 

1 SEC. 3504. ADMINISTRATIVE EXPENSES FOR PORT OF 

2 GUAM IMPROVEMENT ENTERPRISE PRO3 GRAM. 

4 Section 3512(c)(4) of the Duncan Hunter National 

5 Defense Authorization Act for Fiscal Year 2009 (48 

6 U.S.C. 1421r(c)(4)) is amended— 

7 (1) by inserting ‘‘, and of other amounts appro8 priated or otherwise made available to the Maritime 

9 Administration for the purposes of the Program for 

10 fiscal year 2011 or thereafter,’’ after ‘‘for a fiscal 

11 year’’; and 

12 (2) by inserting ‘‘under this section’’ before the 

13 period at the end. 

14 SEC. 3505. VESSEL LOAN GUARANTEES: PROCEDURES FOR 

15 TRADITIONAL AND NONTRADITIONAL APPLI16 CATIONS. 

17 (a) DEFINITIONS.—Section 53701 of title 46, United 

18 States Code, is amended— 

19 (1) by redesignating paragraph (14) as para20 graph (16); 

21 (2) by redesignating paragraphs (10) through 

22 (13) as paragraphs (11) through (14), respectively; 

23 (3) by inserting after paragraph (8) the fol24 lowing new paragraph: 

25 ‘‘(9) NONTRADITIONAL APPLICATION.—The 

26 term ‘nontraditional application’ means an applicaVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
937 

HR 5136 PCS1S 

1 tion for a loan, guarantee, or commitment to guar2 antee under this chapter, that is not a traditional 

3 application, as determined by the Administrator.’’; 

4 and 

5 (4) by inserting after paragraph (14), as so re6 designated, the following new paragraph: 

7 ‘‘(15) TRADITIONAL APPLICATION.—The term 

8 ‘traditional application’ means an application for a 

9 loan, guarantee, or commitment to guarantee under 

10 this chapter that involves a market, technology, and 

11 financial structure of a type that has proven success12 ful in previous applications and does not present an 

13 unreasonable risk to the United States, as deter14 mined by the Administrator.’’. 

15 (b) DEADLINE FOR DECISION ON APPLICATION; EX16 TENSION.—Section 53703(a) of title 46, United States 

17 Code, is amended— 

18 (1) by amending paragraph (1) to read as fol19 lows: 

20 ‘‘(1) IN GENERAL.—The Secretary or Adminis21 trator shall approve or deny an application for a 

22 loan guarantee under this chapter— 

23 ‘‘(A) in the case of a traditional applica24 tion, before the end of the 90-day period begin25 ning on the date on which the signed applicaVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00937 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
938 

HR 5136 PCS1S 

1 tion is received by the Secretary or Adminis2 trator; and 

3 ‘‘(B) in the case of a nontraditional appli4 cation, before the end of the 120-day period be5 ginning on such date of receipt.’’; and 

6 (2) in paragraph (2), by striking ‘‘the 270-day 

7 period in paragraph (1) to a date not later than 2 

8 years’’ and inserting ‘‘the applicable period under 

9 paragraph (1) to a date that is not later than one 

10 year after the date on which the signed application 

11 was received by the Secretary or Administrator’’. 

12 (c) INDEPENDENT ANALYSIS.—Section 53708(d) of 

13 title 46, United States Code, is amended by striking ‘‘an 

14 application’’ and inserting ‘‘a nontraditional application’’. 

15 (d) APPLICATION.—The amendments made by this 

16 section shall apply only to applications submitted after the 

17 date of enactment of this Act. 


smartinez on DSKB9S0YB1PROD with BILLS
939 

HR 5136 PCS1S 

1 DIVISION D—IMPLEMENTING 

2 MANAGEMENT FOR PER3 FORMANCE AND RELATED 

4 REFORMS TO OBTAIN VALUE 

5 IN EVERY ACQUISITION ACT 

6 SEC. 100A. SHORT TITLE. 

7 This division may be cited as the ‘‘Implementing 

8 Management for Performance and Related Reforms to Ob9 tain Value in Every Acquisition Act of 2010’’. 

10 SEC. 100B. DEFINITION OF CONGRESSIONAL DEFENSE 

11 COMMITTEES. 

12 In this division, the term ‘‘congressional defense com13 mittees’’ has the meaning given that term in section 

14 101(a)(16) of title 10, United States Code. 

15 TITLE I—DEFENSE ACQUISITION 

16 SYSTEM 

17 SEC. 101. PERFORMANCE MANAGEMENT OF THE DEFENSE 

18 ACQUISITION SYSTEM. 

19 (a) PERFORMANCE MANAGEMENT OF THE DEFENSE

20 ACQUISITION SYSTEM.— 

21 (1) IN GENERAL.—Part IV of title 10, United 

22 States Code, is amended by inserting after chapter 

23 148 the following new chapter: 


smartinez on DSKB9S0YB1PROD with BILLS
940 

HR 5136 PCS1S 

1 ‘‘CHAPTER 149—PERFORMANCE MANAGE2 MENT OF THE DEFENSE ACQUISITION 

3 SYSTEM 

‘‘Sec. 

‘‘2545. Performance assessments of the defense acquisition system. 

‘‘2546. Audits of performance assessments. 

‘‘2547. Use of performance assessments for managing performance. 

‘‘2548. Acquisition-related functions of the Chiefs of Staff of the armed forces. 

4 ‘‘§ 2545. Performance assessments of the defense ac5 quisition system 

6 ‘‘(a) PERFORMANCE ASSESSMENTS REQUIRED.—(1) 

7 The Secretary of Defense shall ensure that all elements 

8 of the defense acquisition system are subject to regular 

9 performance assessments— 

10 ‘‘(A) to determine the extent to which such ele11 ments deliver appropriate value to the Department 

12 of Defense; and 

13 ‘‘(B) to enable senior officials of the Depart14 ment of Defense to manage the elements of the de15 fense acquisition system to maximize their value to 

16 the Department. 

17 ‘‘(2) The performance of each element of the defense 

18 acquisition system shall be assessed as needed, but not 

19 less often than annually. 

20 ‘‘(3) The Secretary shall ensure that the performance 

21 assessments required by this subsection are appropriately 

22 tailored to reflect the diverse nature of defense acquisition 

23 so that the performance assessment of each element of the 


smartinez on DSKB9S0YB1PROD with BILLS
941 

HR 5136 PCS1S 

1 defense acquisition system accurately reflects the work 

2 performed by such element. 

3 ‘‘(b) SYSTEMWIDE CATEGORIES.—(1) The Secretary 

4 of Defense shall establish categories of metrics for the de5 fense acquisition system, including, at a minimum, cat6 egories relating to cost, quality, delivery, workforce, and 

7 policy implementation that apply to all elements of the de8 fense acquisition system. 

9 ‘‘(2) The Secretary of Defense shall issue guidance 

10 for service acquisition executives within the Department 

11 of Defense on the establishment of metrics, and goals and 

12 standards relating to such metrics, within the categories 

13 established by the Secretary under paragraph (1) to en14 sure that there is sufficient uniformity in performance as15 sessments across the defense acquisition system so that 

16 elements of the defense acquisition system can be mean17 ingfully compared. 

18 ‘‘(c) METRICS, GOALS, AND STANDARDS.—(1) Each 

19 service acquisition executive of the Department of Defense 

20 shall establish metrics to be used in the performance as21 sessments required by subsection (a) for each element of 

22 the defense acquisition system for which such executive 

23 is responsible within the categories established by the Sec24 retary under subsection (b). Such metrics shall be approVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00941 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
942 

HR 5136 PCS1S 

1 priately tailored pursuant to subsection (a)(3) and may 

2 include measures of— 

3 ‘‘(A) cost, quality, and delivery; 

4 ‘‘(B) contractor performance, including compli5 ance with the Department of Defense policy regard6 ing the participation of small business concerns 

7 owned and controlled by socially and economically 

8 disadvantaged individuals, veteran-owned small busi9 nesses, service-disabled, veteran-owned small busi10 nesses, and women-owned small businesses; 

11 ‘‘(C) excessive use of contract bundling and 

12 availability of non-bundled contract vehicles; 

13 ‘‘(D) workforce quality and program manager 

14 tenure (where applicable); 

15 ‘‘(E) the quality of market research; 

16 ‘‘(F) appropriate use of integrated testing; 

17 ‘‘(G) appropriate consideration of long-term 

18 sustainment and energy efficiency; and 

19 ‘‘(H) appropriate acquisition of technical data 

20 and other rights and assets necessary to support 

21 long-term sustainment. 

22 ‘‘(2) Each service acquisition executive within the De23 partment of Defense shall establish goals and standards 

24 (including, at a minimum, a threshold standard and an 

25 objective goal) for each metric established under paraVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00942 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
943 

HR 5136 PCS1S 

1 graph (1) by the executive. In establishing the goals and 

2 standards for an element of the defense acquisition sys3 tem, a service acquisition executive shall consult with the 

4 head of the element to the maximum extent practicable, 

5 but the service acquisition executive shall retain the final 

6 authority to determine the goals and standards estab7 lished. The service acquisition executive shall update the 

8 goals and standards as necessary and appropriate con9 sistent with the guidance issued under subsection (b)(2). 

10 ‘‘(3) The Under Secretary of Defense for Acquisition, 

11 Technology, and Logistics shall periodically review the 

12 metrics, goals, and standards established by service acqui13 sition executives under this subsection to ensure that they 

14 are consistent with the guidance issued under subsection 

15 (b)(2). 

16 ‘‘(d) RESPONSIBILITY FOR OVERSIGHT AND DIREC17 TION OF PERFORMANCE ASSESSMENTS.—(1) Perform18 ance assessments required by subsection (a) shall either 

19 be carried out by, or shall be subject to the oversight of, 

20 the Director of the Office of Performance Assessment and 

21 Root Cause Analysis. The authority and responsibility 

22 granted by this subsection is in addition to any other au23 thority or responsibility granted to the Director of the Of24 fice of Performance Assessment and Root Cause Analysis 

25 by the Secretary of Defense or by any other provision of 


smartinez on DSKB9S0YB1PROD with BILLS
944 

HR 5136 PCS1S 

1 law. In the performance of duties pursuant to this section, 

2 the Director of the Office of Performance Assessment and 

3 Root Cause Analysis shall coordinate with the Deputy 

4 Chief Management Officer to ensure that performance as5 sessments carried out pursuant to this section are con6 sistent with the performance management initiatives of 

7 the Department of Defense. 

8 ‘‘(2) A performance assessment may be carried out 

9 by an organization under the control of the service acquisi10 tion executive of a military department if— 

11 ‘‘(A) the assessment fulfills the requirements of 

12 subsection (a); 

13 ‘‘(B) the organization is approved to carry out 

14 the assessment by the Director of the Office of Per15 formance Assessment and Root Cause Analysis; and 

16 ‘‘(C) the assessment is subject to the oversight 

17 of the Director of the Office of Performance Assess18 ment and Root Cause Analysis in accordance with 

19 paragraph (1). 

20 ‘‘(e) RETENTION AND ACCESS TO RECORDS OF PER21 FORMANCE ASSESSMENTS WITHIN THE MILITARY DE22 PARTMENTS AND DEFENSE AGENCIES.—The Secretary of 

23 Defense shall ensure that information from performance 

24 assessments of all elements of the defense acquisition sys25 tem are retained electronically and that the Director of 


smartinez on DSKB9S0YB1PROD with BILLS
945 

HR 5136 PCS1S 

1 the Office of Performance Assessment and Root Cause 

2 Analysis— 

3 ‘‘(1) promptly receives the results of all per4 formance assessments conducted by an organization 

5 under the control of the service acquisition executive 

6 of a military department; and 

7 ‘‘(2) has timely access to any records and data 

8 in the Department of Defense (including the records 

9 and data of each military department and Defense 

10 Agency and including classified and proprietary in11 formation) that the Director considers necessary to 

12 review in order to perform or oversee performance 

13 assessments pursuant to this section. 

14 ‘‘(f) INCLUSION IN ANNUAL REPORT.—The Director 

15 of the Office of Performance Assessment and Root Cause 

16 Analysis shall include information on the activities under17 taken by the Director under this section in the annual re18 port of the Director required under section 103(f) of the 

19 Weapon Systems Acquisition Reform Act of 2009 (Public 

20 Law 111–23; 123 Stat. 1716), including information on 

21 any performance assessment required by subsection (a) 

22 with significant findings. In addition, if a performance as23 sessment uncovers particularly egregious problems, as 

24 identified by the Director, the Director shall submit to the 

25 Committees on Armed Services of the Senate and the 


smartinez on DSKB9S0YB1PROD with BILLS
946 

HR 5136 PCS1S 

1 House of Representatives a report on such problems with2 in 30 days after the problems are identified. 

3 ‘‘(g) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘defense acquisition system’ 

5 means the acquisition workforce; the process by 

6 which the Department of Defense manages the ac7 quisition of goods and services, including weapon 

8 systems, commodities, commercial and military 

9 unique services, and information technology; and the 

10 management structure for carrying out the acquisi11 tion function within the Department of Defense. 

12 ‘‘(2) The term ‘element of the defense acquisi13 tion system’ means an organization that operates 

14 within the defense acquisition system and that fo15 cuses primarily on acquisition. 

16 ‘‘(3) The term ‘metric’ means a specific meas17 ure that serves as a basis for comparison. 

18 ‘‘(4) The term ‘threshold performance standard’ 

19 means the minimum acceptable level of performance 

20 in relation to a metric. 

21 ‘‘(5) The term ‘objective performance goal’ 

22 means the most desired level of performance in rela23 tion to a metric. 

24 ‘‘(6) The term ‘Office of Performance Assess25 ment and Root Cause Analysis’ means the office reVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00946 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
947 

HR 5136 PCS1S 

1 porting to the senior official designated by the Sec2 retary of Defense under section 103(a) of the Weap3 on Systems Acquisition Reform Act of 2009 (Public 

4 Law 111–23, 10 U.S.C. 2430 note). 

5 ‘‘§ 2546. Audits of performance assessments 

6 ‘‘(a) AUDITS REQUIRED.—The Secretary of Defense 

7 shall ensure that the performance assessments of the de8 fense acquisition system required by section 2545 of this 

9 title are subject to periodic audits to determine the accu10 racy, reliability, and completeness of such assessments. 

11 ‘‘(b) STANDARDS AND APPROACH.—In performing 

12 the audits required by subsection (a), the Secretary shall 

13 ensure that such audits— 

14 ‘‘(1) comply with generally accepted government 

15 auditing standards issued by the Comptroller Gen16 eral; 

17 ‘‘(2) use a risk-based approach to audit plan18 ning; and 

19 ‘‘(3) appropriately account for issues associated 

20 with auditing assessments of activities occurring in 

21 a contingency operation. 

22 ‘‘§ 2547. Use of performance assessments for man23 aging performance 

24 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

25 ensure that the results of performance assessments are 


smartinez on DSKB9S0YB1PROD with BILLS
948 

HR 5136 PCS1S 

1 used in the management of elements of the defense acqui2 sition system through direct linkages between the results 

3 of a performance assessment and the following: 

4 ‘‘(1) The size of the bonus pool available to the 

5 workforce of an element of the defense acquisition 

6 system. 

7 ‘‘(2) Rates of promotion in the workforce of an 

8 element of the defense acquisition system. 

9 ‘‘(3) Awards for acquisition excellence. 

10 ‘‘(4) The scope of work assigned to an element 

11 of the defense acquisition system. 

12 ‘‘(b) ADDITIONAL REQUIREMENTS.—The Secretary 

13 of Defense shall ensure that actions taken to manage the 

14 acquisition workforce pursuant to subsection (a) are un15 dertaken in accordance with the requirements of sub16 sections (c) and (d) of section 1701a of this title. 

17 ‘‘§ 2548. Acquisition-related functions of the Chiefs of 

18 Staff of the armed forces 

19 ‘‘(a) ASSISTANCE.—The Secretary of Defense shall 

20 ensure, notwithstanding section 3014(c)(1)(A), section 

21 5014(c)(1)(A), and section 8014(c)(1)(A) of this title, that 

22 the Chief of Staff of the Army, the Chief of Naval Oper23 ations, the Chief of Staff of the Air Force, and the Com24 mandant of the Marine Corps assist the Secretary of the 


smartinez on DSKB9S0YB1PROD with BILLS
949 

HR 5136 PCS1S 

1 military department concerned in the performance of the 

2 following acquisition-related functions of such department: 

3 ‘‘(1) The development of requirements relating 

4 to the defense acquisition system. 

5 ‘‘(2) The development of measures to control 

6 requirements creep in the defense acquisition sys7 tem. 

8 ‘‘(3) The development of career paths in acqui9 sition for military personnel (as required by section 

10 1722a of this title). 

11 ‘‘(4) The assignment and training of con12 tracting officer representatives when such represent13 atives are required to be members of the armed 

14 forces because of the nature of the contract con15 cerned. 

16 ‘‘(b) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘requirements creep’ means the 

18 addition of new technical or operational specifica19 tions after a requirements document is approved. 

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— 


smartinez on DSKB9S0YB1PROD with BILLS
950 

HR 5136 PCS1S 

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 (2) CLERICAL AMENDMENTS.—The table of 

13 chapters at the beginning of subtitle A of title 10, 

14 United States Code, and at the beginning of part IV 

15 of such subtitle, are each amended by inserting after 

16 the item relating to chapter 148 the following new 

17 item: 

‘‘149. Performance Management of the Defense Acquisition System ...... 2545’’. 

18 (b) PHASED IMPLEMENTATION OF PERFORMANCE

19 ASSESSMENTS.—The Secretary of Defense shall imple20 ment the requirements of chapter 149 of title 10, United 

21 States Code, as added by subsection (a), in a phased man22 ner while guidance is issued, and categories, metrics, 

23 goals, and standards are established. Implementation shall 

24 begin with a cross section of elements of the defense acqui25 sition system representative of the entire system and shall 


smartinez on DSKB9S0YB1PROD with BILLS
951 

HR 5136 PCS1S 

1 be completed for all elements not later than two years 

2 after the date of the enactment of this Act. 

3 SEC. 102. MEANINGFUL CONSIDERATION BY JOINT RE4 QUIREMENTS OVERSIGHT COUNCIL OF 

5 INPUT FROM CERTAIN OFFICIALS. 

6 (a) ADVISORS TO THE JOINT REQUIREMENTS OVER7 SIGHT COUNCIL.— 

8 (1) ADDITIONAL CIVILIAN ADVISORS.—Sub9 section (d)(1) of section 181 of title 10, United 

10 States Code, is amended by striking ‘‘The Under 

11 Secretary’’ and all that follows through ‘‘and exper12 tise.’’ and inserting the following: ‘‘The following of13 ficials of the Department of Defense shall serve as 

14 advisors to the Council on matters within their au15 thority and expertise: 

16 ‘‘(A) The Under Secretary of Defense for Ac17 quisition, Technology, and Logistics. 

18 ‘‘(B) The Under Secretary of Defense (Comp19 troller). 

20 ‘‘(C) The Under Secretary of Defense for Pol21 icy. 

22 ‘‘(D) The Director of Cost Assessment and Pro23 gram Evaluation.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
952 

HR 5136 PCS1S 

1 (2) ROLE OF COMBATANT COMMANDERS AS

2 MEMBERS OF THE JROC.—Paragraph (1) of sub3 section (c) of such section is amended— 

4 (A) by striking ‘‘and’’ at the end of sub5 paragraph (D); 

6 (B) by striking the period at the end of 

7 subparagraph (E) and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following new 

9 subparagraph: 

10 ‘‘(F) when directed by the chairman, the 

11 commander of any combatant command (or, as 

12 directed by that commander, the deputy com13 mander of that command) when matters related 

14 to the area of responsibility or functions of that 

15 command will be under consideration by the 

16 Council.’’. 

17 (b) AMENDMENT RELATED TO REPORT.—Paragraph 

18 (2) of section 105(c) of the Weapon Systems Acquisition 

19 Reform Act of 2009 (Public Law 111–23; 123 Stat. 1718) 

20 is amended to read as follows: 

21 ‘‘(2) MATTERS COVERED.—The report shall in22 clude, at a minimum, an assessment of— 

23 ‘‘(A) the extent to which the Council has 

24 effectively sought, and the commanders of the 

25 combatant commands have provided, meaningVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00952 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
953 

HR 5136 PCS1S 

1 ful input on proposed joint military require2 ments; 

3 ‘‘(B) the extent to which the Council has 

4 meaningfully considered the input and expertise 

5 of the Under Secretary of Defense for Acquisi6 tion, Technology, and Logistics in its discus7 sions; 

8 ‘‘(C) the extent to which the Council has 

9 meaningfully considered the input and expertise 

10 of the Director of Cost Assessment and Pro11 gram Evaluation in its discussions; 

12 ‘‘(D) the quality and effectiveness of ef13 forts to estimate the level of resources needed 

14 to fulfill joint military requirements; and 

15 ‘‘(E) the extent to which the Council has 

16 considered trade-offs among cost, schedule, and 

17 performance objectives.’’. 

18 (c) ASSESSMENT OF INDEPENDENCE OF COST ESTI19 MATORS AND COST ANALYSTS REQUIRED IN NEXT AN20 NUAL REPORT ON COST ASSESSMENT ACTIVITIES.—In 

21 the next annual report prepared by the Director of Cost 

22 Assessment and Program Evaluation under section 

23 2334(e) of title 10, United States Code, the Director shall 

24 include an assessment of whether and to what extent per25 sonnel responsible for cost estimates or cost analysis develVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00953 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
954 

HR 5136 PCS1S 

1 oped by a military department or defense agency for a 

2 major defense acquisition program are independent and 

3 whether their independence or lack thereof affects their 

4 ability to generate reliable cost estimates. 

5 SEC. 103. PERFORMANCE MANAGEMENT FOR THE JOINT 

6 CAPABILITIES INTEGRATION AND DEVELOP7 MENT SYSTEM. 

8 (a) REQUIREMENT FOR PROGRAM.—The Secretary of 

9 Defense shall ensure that the Department of Defense de10 velops and implements a program to manage performance 

11 in establishing joint military requirements pursuant to 

12 section 181 of title 10, United States Code. 

13 (b) LEADERS.—The Secretary of Defense shall des14 ignate an officer identified or designated as a joint quali15 fied officer to serve as leader of a joint effort to develop 

16 the performance management program required by sub17 section (a). The Secretary shall also designate an officer 

18 from each Armed Force to serve as leader of the effort 

19 within the Armed Force concerned. Officers designated 

20 pursuant to this section shall have the seniority and au21 thority necessary to oversee and direct all personnel en22 gaged in establishing joint military requirements within 

23 the Joint Staff or within the Armed Force concerned. 

24 (c) MATTERS COVERED.—The program developed 

25 pursuant to subsection (a) shall: 


smartinez on DSKB9S0YB1PROD with BILLS
955 

HR 5136 PCS1S 

1 (1) Measure the following in relation to each 

2 joint military requirement: 

3 (A) The time a requirements document 

4 takes to receive validation through the require5 ments process. 

6 (B) The quality of cost information associ7 ated with the requirement and the extent to 

8 which cost information was considered during 

9 the requirements process. 

10 (C) The extent to which the requirements 

11 process established a meaningful level of pri12 ority for the requirement. 

13 (D) The extent to which the requirements 

14 process considered trade-offs between cost, 

15 schedule, and performance objectives. 

16 (E) The quality of information on 

17 sustainment associated with the requirement 

18 and the extent to which sustainment informa19 tion was considered during the requirements 

20 process. 

21 (F) Such other matters as the Secretary 

22 shall determine appropriate. 

23 (2) Achieve, to the maximum extent practicable, 

24 the following outcomes in the requirements process: 


smartinez on DSKB9S0YB1PROD with BILLS
956 

HR 5136 PCS1S 

1 (A) Timeliness in delivering capability to 

2 the warfighter. 

3 (B) Mechanisms for controlling require4 ments creep. 

5 (C) Responsiveness to fact-of-life changes 

6 occurring after the approval of a requirements 

7 document, including changes to the threat envi8 ronment, the emergence of new capabilities, or 

9 changes in the resources estimated to procure 

10 or sustain a capability. 

11 (D) The development of the personnel 

12 skills, capacity, and training needed for an ef13 fective and efficient requirements process. 

14 (E) Such other outcomes as the Secretary 

15 shall determine appropriate. 

16 (d) IMPLEMENTATION.—The program required by 

17 subsection (a) shall be developed and initially implemented 

18 not later than one year after the date of the enactment 

19 of this Act and shall apply to requirements documents en20 tering the requirements process after the date of initial 

21 implementation. 

22 (e) INITIAL REPORT.—Not later than 90 days after 

23 the initial implementation of the program required by sub24 section (a), the Secretary shall submit to the congressional 

25 defense committees a report on the steps taken to develop 


smartinez on DSKB9S0YB1PROD with BILLS
957 

HR 5136 PCS1S 

1 and implement the performance management program for 

2 joint military requirements. The report shall address the 

3 measures specified in subsection (c)(1). 

4 (f) FINAL REPORT.—Not later than four years after 

5 the initial implementation of the program required by sub6 section (a), the Secretary shall submit to the congressional 

7 defense committees a report on the effectiveness of the 

8 program for joint military requirements in achieving the 

9 outcomes specified in subsection (c)(2). 

10 (g) DEFINITIONS.—In this section: 

11 (1) REQUIREMENTS PROCESS.—The term ‘‘re12 quirements process’’ means the Joint Capabilities 

13 Integration and Development System (JCIDS) proc14 ess or any successor to such process established by 

15 the Chairman of the Joint Chiefs of Staff to support 

16 the statutory responsibility of the Joint Require17 ments Oversight Council in advising the Chairman 

18 and the Secretary of Defense in identifying, assess19 ing, and validating joint military capability needs, 

20 with their associated operational performance cri21 teria, in order to successfully execute missions. 

22 (2) REQUIREMENTS DOCUMENT.—The term 

23 ‘‘requirements document’’ means a document pro24 duced in the requirements process that is provided 

25 for an acquisition program to guide the subsequent 


smartinez on DSKB9S0YB1PROD with BILLS
958 

HR 5136 PCS1S 

1 development, production, and testing of the program 

2 and that— 

3 (A) justifies the need for a materiel ap4 proach, or an approach that is a combination of 

5 materiel and non-materiel, to satisfy one or 

6 more specific capability gaps; 

7 (B) details the information necessary to 

8 develop an increment of militarily useful, 

9 logistically supportable, and technically mature 

10 capability, including key performance param11 eters; or 

12 (C) identifies production attributes re13 quired for a single increment of a program. 

14 (3) REQUIREMENTS CREEP.—The term ‘‘re15 quirements creep’’ means the addition of new tech16 nical or operational specifications after a require17 ments document is approved. 

18 (h) DISCRETIONARY IMPLEMENTATION AFTER FIVE

19 YEARS.—After the date that is five years after the initial 

20 implementation of the performance management program 

21 under this section, the requirement to implement a pro22 gram under this section shall be at the discretion of the 

23 Secretary of Defense. 


smartinez on DSKB9S0YB1PROD with BILLS
959 

HR 5136 PCS1S 

1 SEC. 104. REQUIREMENTS FOR THE ACQUISITION OF SERV2 ICES. 

3 (a) PROCESS REQUIRED.—The Secretary of Defense 

4 shall ensure that each military department establishes a 

5 process for identifying, assessing, and approving require6 ments for the acquisition of services, and that com7 manders of unified combatant commands and other offi8 cers identified or designated as joint qualified officers have 

9 an opportunity to participate in the process of each mili10 tary department to provide input on joint requirements 

11 for the acquisition of services. 

12 (b) GUIDANCE AND PLAN REQUIRED.—The Chief of 

13 Staff of the Army, the Chief of Naval Operations, the 

14 Chief of Staff of the Air Force, and the Commandant of 

15 the Marine Corps shall— 

16 (1) issue and maintain guidance relating to 

17 each process established under subsection (a); and 

18 (2) develop a plan to implement each process 

19 established under subsection (a). 

20 (c) MATTERS REQUIRED IN GUIDANCE.—The guid21 ance issued under subsection (b) shall establish, in relation 

22 to a process for identifying, assessing, and approving re23 quirements for the acquisition of services, the following: 

24 (1) Organization of such process. 

25 (2) The level of command responsibility re26 quired for identifying and validating requirements 


smartinez on DSKB9S0YB1PROD with BILLS
960 

HR 5136 PCS1S 

1 for the acquisition of services in accordance with the 

2 categories established under section 2330(a)(1)(C) 

3 of title 10, United States Code. 

4 (3) The composition of billets necessary to oper5 ate such process. 

6 (4) The training required for personnel engaged 

7 in such process. 

8 (5) The relationship between doctrine and such 

9 process. 

10 (6) Methods of obtaining input on joint require11 ments for the acquisition of services. 

12 (7) Procedures for coordinating with the acqui13 sition process. 

14 (8) Considerations relating to opportunities for 

15 strategic sourcing. 

16 (d) MATTERS REQUIRED IN IMPLEMENTATION

17 PLAN.—Each plan required under subsection (b) shall 

18 provide for initial implementation of a process for identi19 fying, assessing, and approving requirements for the ac20 quisition of services not later than 180 days after the date 

21 of the enactment of this Act and shall provide for full im22 plementation of such process at the earliest date prac23 ticable. 

24 (e) CONSISTENCY WITH JOINT GUIDANCE.—When25 ever, at any time, guidance is issued by the Chairman of 


smartinez on DSKB9S0YB1PROD with BILLS
961 

HR 5136 PCS1S 

1 the Joint Chiefs of Staff relating to requirements for the 

2 acquisition of services, each process established under sub3 section (a) shall be revised in accordance with such joint 

4 guidance. 

5 (f) DEFINITION.—The term ‘‘requirements for the 

6 acquisition of services’’ means objectives to be achieved 

7 through acquisitions primarily involving the procurement 

8 of services. 

9 SEC. 105. JOINT EVALUATION TASK FORCES. 

10 (a) TASK FORCES REQUIRED.—For each joint mili11 tary requirement involving a materiel solution for which 

12 the Chairman of the Joint Requirements Oversight Coun13 cil is the validation authority, the Chairman shall des14 ignate a commander of a unified combatant command to 

15 provide a joint evaluation task force to participate in such 

16 materiel solution. Such task force shall— 

17 (1) come from a military unit or units des18 ignated by the combatant commander concerned; 

19 (2) be selected based on the relevance of such 

20 materiel solution to the mission of the unit; and 

21 (3) participate consistent with its operational 

22 obligations. 

23 (b) RESPONSIBILITIES.—A task force provided pur24 suant to subsection (a) shall, for the materiel solution con25 cerned— 


smartinez on DSKB9S0YB1PROD with BILLS
962 

HR 5136 PCS1S 

1 (1) provide input to the analysis of alternatives; 

2 (2) participate in testing (including limited user 

3 tests and prototype testing); 

4 (3) provide input on a concept of operations 

5 and doctrine; 

6 (4) provide end user feedback to the resource 

7 sponsor; and 

8 (5) participate, through the combatant com9 mander concerned, in any alteration of the require10 ment for such solution. 

11 (c) ADMINISTRATIVE SUPPORT.—The resource spon12 sor for the joint military requirement shall provide admin13 istrative support to the joint evaluation task force for pur14 poses of carrying out this section. 

15 (d) DEFINITIONS.—In this section: 

16 (1) RESOURCE SPONSOR.—The term ‘‘resource 

17 sponsor’’ means the organization responsible for all 

18 common documentation, periodic reporting, and 

19 funding actions required to support the capabilities 

20 development and acquisition process for the materiel 

21 solution. 

22 (2) MATERIEL SOLUTION.—The term ‘‘materiel 

23 solution’’ means the development, acquisition, pro24 curement, or fielding of a new item, or of a modiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
963 

HR 5136 PCS1S 

1 fication to an existing item, necessary to equip, oper2 ate, maintain, and support military activities. 

3 SEC. 106. REVIEW OF DEFENSE ACQUISITION GUIDANCE. 

4 (a) REVIEW OF GUIDANCE.—The Secretary of De5 fense shall review the acquisition guidance of the Depart6 ment of Defense, including, at a minimum, the guidance 

7 contained in Department of Defense Instruction 5000.02 

8 entitled ‘‘Operation of the Defense Acquisition System’’. 

9 (b) MATTERS CONSIDERED.—The review performed 

10 under subsection (a) shall consider— 

11 (1) the extent to which it is appropriate to 

12 apply guidance primarily relating to the acquisition 

13 of weapon systems to acquisitions not involving 

14 weapon systems (including the acquisition of com15 mercial goods and commodities, commercial and 

16 military unique services, and information tech17 nology); 

18 (2) whether long-term sustainment and energy 

19 efficiency of weapon systems is appropriately empha20 sized; 

21 (3) whether appropriate mechanisms exist to 

22 communicate information relating to the mission 

23 needs of the Department of Defense to the industrial 

24 base in a way that allows the industrial base to 

25 make appropriate investments in infrastructure, caVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
964 

HR 5136 PCS1S 

1 pacity, and technology development to help meet 

2 such needs; 

3 (4) the extent to which earned value manage4 ment should be required on acquisitions not involv5 ing the acquisition of weapon systems and whether 

6 measures of quality and technical performance 

7 should be included in any earned value management 

8 system; 

9 (5) the extent to which it is appropriate to 

10 apply processes primarily relating to the acquisition 

11 of weapon systems to the acquisition of information 

12 technology systems, consistent with the requirement 

13 to develop an alternative process for such systems 

14 contained in section 804 of the National Defense 

15 Authorization Act for Fiscal Year 2010 (Public Law 

16 111–84; 123 Stat. 2401; 10 U.S.C. 2225 note); and 

17 (6) such other matters as the Secretary con18 siders appropriate. 

19 (c) REPORT.—Not later than 270 days after the date 

20 of the enactment of this Act, the Secretary of Defense 

21 shall submit to the Committees on Armed Services of the 

22 Senate and of the House of Representatives a report de23 tailing any changes in the acquisition guidance of the De24 partment of Defense identified during the review required 


smartinez on DSKB9S0YB1PROD with BILLS
965 

HR 5136 PCS1S 

1 by subsection (a), and any actions taken, or planned to 

2 be taken, to implement such changes. 

3 SEC. 107. REQUIREMENT TO INCLUDE REFERENCES TO 

4 SERVICES ACQUISITION THROUGHOUT THE 

5 FEDERAL ACQUISITION REGULATION. 

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

7 (1) The acquisition of services can be extremely 

8 complex, and program management skills, tools, and 

9 processes need to be applied to services acquisitions. 

10 (2) An emphasis on the concept of ‘‘services’’ 

11 throughout the Federal Acquisition Regulation 

12 would enhance and support the procurement and 

13 project management community in all aspects of the 

14 acquisition planning process, including requirements 

15 development, assessment of reasonableness, and 

16 post-award management and oversight. 

17 (b) REQUIREMENT FOR CHANGES TO FAR.—The 

18 Federal Acquisition Regulation shall be revised to provide, 

19 throughout the Regulation, appropriate references to serv20 ices acquisition that are in addition to references provided 

21 in part 37 (which relates specifically to services acquisi22 tion). 

23 (c) DEADLINE.—This section shall be carried out 

24 within 270 days after the date of the enactment of this 

25 Act. 


smartinez on DSKB9S0YB1PROD with BILLS
966 

HR 5136 PCS1S 

1 SEC. 108. PROCUREMENT OF MILITARY PURPOSE NON2 DEVELOPMENTAL ITEMS. 

3 (a) IN GENERAL.— 

4 (1) PROCUREMENT OF MILITARY PURPOSE

5 NONDEVELOPMENTAL ITEMS.—Chapter 141 of title 

6 10, United States Code, is amended by adding at 

7 the end the following new section: 

8 ‘‘§ 2410r. Military purpose nondevelopmental items 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘military purpose nondevelop11 mental item’ means an item— 

12 ‘‘(A) developed exclusively at private ex13 pense; 

14 ‘‘(B) that meets a validated military re15 quirement, as certified in writing by the respon16 sible program manager; 

17 ‘‘(C) for which delivery of an initial lot of 

18 production-representative items may be made 

19 within 9 months after contract award; and 

20 ‘‘(D) for which the unit cost is less than 

21 $10,000,000. 

22 ‘‘(2) The term ‘item’ has the meaning provided 

23 in section 2302(3) of this title. 

24 ‘‘(b) REQUIREMENTS.—The Secretary of Defense 

25 shall ensure that, with respect to a contract for the acquiVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
967 

HR 5136 PCS1S 

1 sition of a military purpose nondevelopmental item, the 

2 following requirements apply: 

3 ‘‘(1) The contract shall be awarded using com4 petitive procedures in accordance with section 2304 

5 of this title. 

6 ‘‘(2) Certain contract clauses, as specified in 

7 regulations prescribed under subsection (c), shall be 

8 included in each such contract. 

9 ‘‘(3) The type of contract used shall be a firm, 

10 fixed price type contract. 

11 ‘‘(4) Nothing in the contract shall further re12 strict or otherwise affect the rights in technical data 

13 of the Government, the contractor, or any subcon14 tractor of the contractor for items developed by the 

15 contractor or any such subcontractor exclusively at 

16 private expense, as prescribed in regulations imple17 menting section 2320(a)(2)(B) of this title. 

18 ‘‘(c) REGULATIONS.—The Secretary of Defense shall 

19 prescribe regulations to carry out this section. Such regu20 lations shall be included in regulations of the Department 

21 of Defense prescribed as part of the Federal Acquisition 

22 Regulation. At a minimum, the regulations shall include— 

23 ‘‘(1) a list of contract clauses to be included in 

24 each contract for the acquisition of a military pur25 pose nondevelopmental item; 


smartinez on DSKB9S0YB1PROD with BILLS
968 

HR 5136 PCS1S 

1 ‘‘(2) definitions for the terms ‘developed’ and 

2 ‘exclusively at private expense’ that— 

3 ‘‘(A) are consistent with the definitions de4 veloped for such terms in accordance with 

5 2320(a)(3) of this title; and 

6 ‘‘(B) also exclude an item developed in 

7 part or in whole with— 

8 ‘‘(i) foreign government funding; or 

9 ‘‘(ii) foreign or Federal Government 

10 loan financing at nonmarket rates; and 

11 ‘‘(3) standards for evaluating the reasonable12 ness of price for the military purpose nondevelop13 mental item, in lieu of certified cost or pricing 

14 data.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of such chapter is amended 

17 by adding at the end the following new item: 

‘‘2410r. Military purpose nondevelopmental items.’’. 

18 (b) COST OR PRICING DATA EXCEPTION.—Section 

19 2306a(b)(1) of title 10, United States Code, is amended— 

20 (1) by striking ‘‘or’’ at the end of subparagraph 

21 (B); 

22 (2) by striking the period at the end of sub23 paragraph (C) and inserting ‘‘; or’’; and 

24 (3) by adding at the end the following new sub25 paragraph: 


smartinez on DSKB9S0YB1PROD with BILLS
969 

HR 5136 PCS1S 

1 ‘‘(D) for the acquisition of a military pur2 pose nondevelopmental item, as defined in sec3 tion 2410r of this title, if the contracting officer 

4 determines in writing that— 

5 ‘‘(i) the contract, subcontract or modi6 fication will be a firm, fixed price type con7 tract; and 

8 ‘‘(ii) the offeror has submitted suffi9 cient information to evaluate, through 

10 price analysis, the reasonableness of the 

11 price for the military purpose nondevelop12 mental item.’’. 

13 (c) EFFECTIVE DATE.—Section 2410r of title 10, 

14 United States Code, as added by subsection (a), and the 

15 amendment made by subsection (b), shall apply with re16 spect to contracts entered into after the date that is 120 

17 days after the date of the enactment of this Act. 

18 TITLE II—DEFENSE 

19 ACQUISITION WORKFORCE 

20 SEC. 201. ACQUISITION WORKFORCE EXCELLENCE. 

21 (a) IN GENERAL.— 

22 (1) ACQUISITION WORKFORCE EXCELLENCE.— 

23 Subchapter I of chapter 87 of title 10, United States 

24 Code, is amended by inserting after section 1701 the 

25 following new section: 


smartinez on DSKB9S0YB1PROD with BILLS
970 

HR 5136 PCS1S 

1 ‘‘§ 1701a. Management for acquisition workforce ex2 cellence 

3 ‘‘(a) PURPOSE.—The purpose of this chapter is to re4 quire the Department of Defense to develop and manage 

5 a highly skilled professional acquisition workforce— 

6 ‘‘(1) in which excellence and contribution to 

7 mission is rewarded; 

8 ‘‘(2) which has the technical expertise and busi9 ness skills to ensure the Department receives the 

10 best value for the expenditure of public resources; 

11 ‘‘(3) which serves as a model for performance 

12 management of employees of the Department; and 

13 ‘‘(4) which is managed in a manner that com14 plements and reinforces the performance manage15 ment of the defense acquisition system pursuant to 

16 chapter 149 of this title. 

17 ‘‘(b) PERFORMANCE MANAGEMENT.—In order to 

18 achieve the purpose set forth in subsection (a), the Sec19 retary of Defense shall— 

20 ‘‘(1) use the full authorities provided in sub21 sections (a) through (d) of section 9902 of title 5, 

22 including flexibilities related to performance manage23 ment and hiring and to training of managers; 

24 ‘‘(2) require managers to develop performance 

25 plans for individual members of the acquisition 

26 workforce in order to give members an underVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00970 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
971 

HR 5136 PCS1S 

1 standing of how their performance contributes to 

2 their organization’s mission and the success of the 

3 defense acquisition system (as defined in section 

4 2545 of this title); 

5 ‘‘(3) to the extent appropriate, use the lessons 

6 learned from the acquisition demonstration project 

7 carried out under section 1762 of this title related 

8 to contribution-based compensation and appraisal, 

9 and how those lessons may be applied within the 

10 General Schedule system; 

11 ‘‘(4) develop attractive career paths; 

12 ‘‘(5) encourage continuing education and train13 ing; 

14 ‘‘(6) develop appropriate procedures for warn15 ings during performance evaluations and due process 

16 for members of the acquisition workforce who con17 sistently fail to meet performance standards; 

18 ‘‘(7) take full advantage of the Defense Civilian 

19 Leadership Program established under section 1112 

20 of the National Defense Authorization Act for Fiscal 

21 Year 2010 (Public Law 111–84; 123 Stat. 2496; 10 

22 U.S.C. 1580 note prec.); 

23 ‘‘(8) use the authorities for highly qualified ex24 perts under section 9903 of title 5, to hire experts 

25 who are skilled acquisition professionals to— 


smartinez on DSKB9S0YB1PROD with BILLS
972 

HR 5136 PCS1S 

1 ‘‘(A) serve in leadership positions within 

2 the acquisition workforce to strengthen manage3 ment and oversight; 

4 ‘‘(B) provide mentors to advise individuals 

5 within the acquisition workforce on their career 

6 paths and opportunities to advance and excel 

7 within the acquisition workforce; and 

8 ‘‘(C) assist with the design of education 

9 and training courses and the training of indi10 viduals in the acquisition workforce; and 

11 ‘‘(9) use the authorities for expedited security 

12 clearance processing pursuant to section 1564 of 

13 this title. 

14 ‘‘(c) NEGOTIATIONS.—Any action taken by the Sec15 retary under this section, or to implement this section, 

16 shall be subject to the requirements of chapter 71 of title 

17 5. 

18 ‘‘(d) REGULATIONS.—Any rules or regulations pre19 scribed pursuant to this section shall be deemed an agency 

20 rule or regulation under section 7117(a)(2) of title 5, and 

21 shall not be deemed a Government-wide rule or regulation 

22 under section 7117(a)(1) of such title.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such subchapter is amendVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00972 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
973 

HR 5136 PCS1S 

1 ed by inserting after the item relating to section 

2 1701 the following new item: 

‘‘1701a. Management for acquisition workforce excellence.’’. 

3 (b) AUTHORITY TO APPOINT HIGHLY QUALIFIED

4 EXPERTS ON PART-TIME BASIS.—Section 9903(b)(1) of 

5 title 5, United States Code, is amended by inserting ‘‘, 

6 on a full-time or part-time basis,’’ after ‘‘positions in the 

7 Department of Defense’’ the first place it appears. 

8 SEC. 202. AMENDMENTS TO THE ACQUISITION WORKFORCE 

9 DEMONSTRATION PROJECT. 

10 (a) CODIFICATION INTO TITLE 10.— 

11 (1) IN GENERAL.—Chapter 87 of title 10, 

12 United States Code, is amended by inserting after 

13 section 1761 the following new section: 

14 ‘‘§ 1762. Demonstration project relating to certain ac15 quisition personnel management policies 

16 and procedures 

17 ‘‘(a) COMMENCEMENT.—The Secretary of Defense is 

18 encouraged to carry out a demonstration project, the pur19 pose of which is to determine the feasibility or desirability 

20 of one or more proposals for improving the personnel man21 agement policies or procedures that apply with respect to 

22 the acquisition workforce of the Department of Defense 

23 and supporting personnel assigned to work directly with 

24 the acquisition workforce. 


smartinez on DSKB9S0YB1PROD with BILLS
974 

HR 5136 PCS1S 

1 ‘‘(b) TERMS AND CONDITIONS.—(1) Except as other2 wise provided in this subsection, any demonstration 

3 project described in subsection (a) shall be subject to sec4 tion 4703 of title 5 and all other provisions of such title 

5 that apply with respect to any demonstration project 

6 under such section. 

7 ‘‘(2) Subject to paragraph (3), in applying section 

8 4703 of title 5 with respect to a demonstration project 

9 described in subsection (a)— 

10 ‘‘(A) ‘180 days’ in subsection (b)(4) of such 

11 section shall be deemed to read ‘120 days’; 

12 ‘‘(B) ‘90 days’ in subsection (b)(6) of such sec13 tion shall be deemed to read ‘30 days’; and 

14 ‘‘(C) subsection (d)(1) of such section shall be 

15 disregarded. 

16 ‘‘(3) Paragraph (2) shall not apply with respect to 

17 a demonstration project unless— 

18 ‘‘(A) for each organization or team partici19 pating in the demonstration project— 

20 ‘‘(i) at least one-third of the workforce par21 ticipating in the demonstration project consists 

22 of members of the acquisition workforce; and 

23 ‘‘(ii) at least two-thirds of the workforce 

24 participating in the demonstration project con25 sists of members of the acquisition workforce 


smartinez on DSKB9S0YB1PROD with BILLS
975 

HR 5136 PCS1S 

1 and supporting personnel assigned to work di2 rectly with the acquisition workforce; and 

3 ‘‘(B) the demonstration project commences be4 fore October 1, 2007. 

5 ‘‘(c) LIMITATION ON NUMBER OF PARTICIPANTS.— 

6 The total number of persons who may participate in the 

7 demonstration project under this section may not exceed 

8 120,000. 

9 ‘‘(d) EFFECT OF REORGANIZATIONS.—The applica10 bility of paragraph (2) of subsection (b) to an organization 

11 or team shall not terminate by reason that the organiza12 tion or team, after having satisfied the conditions in para13 graph (3) of such subsection when it began to participate 

14 in a demonstration project under this section, ceases to 

15 meet one or both of the conditions set forth in subpara16 graph (A) of such paragraph (3) as a result of a reorga17 nization, restructuring, realignment, consolidation, or 

18 other organizational change. 

19 ‘‘(e) ASSESSMENT.—(1) The Secretary of Defense 

20 shall designate an independent organization to review the 

21 acquisition workforce demonstration project described in 

22 subsection (a). 

23 ‘‘(2) Such assessment shall include: 

24 ‘‘(A) A description of the workforce included in 

25 the project. 


smartinez on DSKB9S0YB1PROD with BILLS
976 

HR 5136 PCS1S 

1 ‘‘(B) An explanation of the flexibilities used in 

2 the project to appoint individuals to the acquisition 

3 workforce and whether those appointments are based 

4 on competitive procedures and recognize veteran’s 

5 preferences. 

6 ‘‘(C) An explanation of the flexibilities used in 

7 the project to develop a performance appraisal sys8 tem that recognizes excellence in performance and 

9 offers opportunities for improvement. 

10 ‘‘(D) The steps taken to ensure that such sys11 tem is fair and transparent for all employees in the 

12 project. 

13 ‘‘(E) How the project allows the organization to 

14 better meet mission needs. 

15 ‘‘(F) An analysis of how the flexibilities in sub16 paragraphs (B) and (C) are used, and what barriers 

17 have been encountered that inhibit their use. 

18 ‘‘(G) Whether there is a process for— 

19 ‘‘(i) ensuring ongoing performance feed20 back and dialogue among supervisors, man21 agers, and employees throughout the perform22 ance appraisal period; and 

23 ‘‘(ii) setting timetables for performance ap24 praisals. 


smartinez on DSKB9S0YB1PROD with BILLS
977 

HR 5136 PCS1S 

1 ‘‘(H) The project’s impact on career progres2 sion. 

3 ‘‘(I) The project’s appropriateness or inappro4 priateness in light of the complexities of the work5 force affected. 

6 ‘‘(J) The project’s sufficiency in terms of pro7 viding protections for diversity in promotion and re8 tention of personnel. 

9 ‘‘(K) The adequacy of the training, policy 

10 guidelines, and other preparations afforded in con11 nection with using the project. 

12 ‘‘(L) Whether there is a process for ensuring 

13 employee involvement in the development and im14 provement of the project. 

15 ‘‘(3) The first such assessment under this subsection 

16 shall be completed not later than September 30, 2011, and 

17 subsequent assessments shall be completed every two 

18 years thereafter until the termination of the project. The 

19 Secretary shall submit to the covered congressional com20 mittees a copy of the assessment within 30 days after re21 ceipt by the Secretary of the assessment. 

22 ‘‘(f) COVERED CONGRESSIONAL COMMITTEES.—In 

23 this section, the term ‘covered congressional committees’ 

24 means— 


smartinez on DSKB9S0YB1PROD with BILLS
978 

HR 5136 PCS1S 

1 ‘‘(1) the Committees on Armed Services of the 

2 Senate and the House of Representatives; 

3 ‘‘(2) the Committee on Homeland Security and 

4 Governmental Affairs of the Senate; and 

5 ‘‘(3) the Committee on Oversight and Govern6 ment Reform of the House of Representatives. 

7 ‘‘(g) TERMINATION OF AUTHORITY.—The authority 

8 to conduct a demonstration program under this section 

9 shall terminate on September 30, 2017. 

10 ‘‘(h) CONVERSION.—Within 6 months after the au11 thority to conduct a demonstration project under this sec12 tion is terminated as provided in subsection (g), employees 

13 in the project shall convert to the civilian personnel system 

14 created pursuant to section 9902 of title 5.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of subchapter V of chapter 87 

17 of title 10, United States Code, is amended by in18 serting after the item relating to section 1761 the 

19 following new item: 

‘‘1762. Demonstration project relating to certain acquisition personnel management policies and procedures.’’. 

20 (b) CONFORMING REPEAL.—Section 4308 of the Na21 tional Defense Authorization Act for Fiscal Year 1996 

22 (Public Law 104–106; 10 U.S.C. 1701 note) is repealed. 


smartinez on DSKB9S0YB1PROD with BILLS
979 

HR 5136 PCS1S 

1 SEC. 203. INCENTIVE PROGRAMS FOR CIVILIAN AND MILI2 TARY PERSONNEL IN THE ACQUISITION 

3 WORKFORCE. 

4 (a) IN GENERAL.—Chapter 87 of title 10, United 

5 States Code, is amended by inserting after section 1762, 

6 as added by section 202, the following new section: 

7 ‘‘§ 1763. Incentive programs for civilian and military 

8 personnel in the acquisition workforce 

9 ‘‘(a) CIVILIAN ACQUISITION WORKFORCE INCEN10 TIVES.—The Secretary of Defense, acting through the 

11 Under Secretary of Defense for Acquisition, Technology, 

12 and Logistics, shall provide for an enhanced system of in13 centives for the encouragement of excellence in the acqui14 sition workforce by providing rewards for employees who 

15 contribute to achieving the agency’s performance goals. 

16 The system of incentives shall include provisions that— 

17 ‘‘(1) relate salary increases, bonuses, and 

18 awards to performance and contribution to the agen19 cy mission (including the extent to which the per20 formance of personnel in such workforce contributes 

21 to achieving the goals and standards established for 

22 acquisition programs pursuant to section 2545 of 

23 this title); 

24 ‘‘(2) provide for consideration, in personnel 

25 evaluations and promotion decisions, of the extent to 

26 which the performance of personnel in such workVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00979 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
980 

HR 5136 PCS1S 

1 force contributes to achieving such goals and stand2 ards; 

3 ‘‘(3) use the Department of Defense Civilian 

4 Workforce Incentive Fund established pursuant to 

5 section 9902(a) of title 5; and 

6 ‘‘(4) provide opportunities for career broad7 ening experiences for high performers. 

8 ‘‘(b) MILITARY ACQUISITION WORKFORCE INCEN9 TIVES.—The Secretaries of the military departments shall 

10 fully use and enhance incentive programs that reward in11 dividuals, through recognition certificates or cash awards, 

12 for suggestions of process improvements that contribute 

13 to improvements in efficiency and economy and a better 

14 way of doing business.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of subchapter V of chapter 87 of title 

17 10, United States Code, is amended by inserting after the 

18 item relating to section 1762, as added by section 202, 

19 the following new item: 

‘‘1763. Incentive programs for civilian and military personnel in the acquisition 

workforce.’’. 

20 SEC. 204. CAREER DEVELOPMENT FOR CIVILIAN AND MILI21 TARY PERSONNEL IN THE ACQUISITION 

22 WORKFORCE. 

23 (a) CAREER PATHS.— 


smartinez on DSKB9S0YB1PROD with BILLS
981 

HR 5136 PCS1S 

1 (1) AMENDMENT.—Chapter 87 of title 10, 

2 United States Code, is amended by inserting after 

3 section 1722a the following new section: 

4 ‘‘§ 1722b. Special requirements for civilian employees 

5 in the acquisition field 

6 ‘‘(a) REQUIREMENT FOR POLICY AND GUIDANCE RE7 GARDING CIVILIAN PERSONNEL IN ACQUISITION.—The 

8 Secretary of Defense, acting through the Under Secretary 

9 of Defense for Acquisition, Technology, and Logistics, 

10 shall establish policies and issue guidance to ensure the 

11 proper development, assignment, and employment of civil12 ian members of the acquisition workforce to achieve the 

13 objectives specified in subsection (b). 

14 ‘‘(b) OBJECTIVES.—Policies established and guidance 

15 issued pursuant to subsection (a) shall ensure, at a min16 imum, the following: 

17 ‘‘(1) A career path in the acquisition field that 

18 attracts the highest quality civilian personnel, from 

19 either within or outside the Federal Government. 

20 ‘‘(2) A deliberate workforce development strat21 egy that increases attainment of key experiences 

22 that contribute to a highly qualified acquisition 

23 workforce. 

24 ‘‘(3) Sufficient opportunities for promotion and 

25 advancement in the acquisition field. 


smartinez on DSKB9S0YB1PROD with BILLS
982 

HR 5136 PCS1S 

1 ‘‘(4) A sufficient number of qualified, trained 

2 members eligible for and active in the acquisition 

3 field to ensure adequate capacity, capability, and ef4 fective succession for acquisition functions, including 

5 contingency contracting, of the Department of De6 fense. 

7 ‘‘(5) A deliberate workforce development strat8 egy that ensures diversity in promotion, advance9 ment, and experiential opportunities commensurate 

10 with the general workforce outlined in this section. 

11 ‘‘(c) INCLUSION OF INFORMATION IN ANNUAL RE12 PORT.—The Secretary of Defense shall include in the re13 port to Congress required under section 115b(d) of this 

14 title the following information related to the acquisition 

15 workforce for the period covered by the report (which shall 

16 be shown for the Department of Defense as a whole and 

17 separately for the Army, Navy, Air Force, Marine Corps, 

18 Defense Agencies, and Office of the Secretary of Defense): 

19 ‘‘(1) The total number of persons serving in the 

20 Acquisition Corps, set forth separately for members 

21 of the armed forces and civilian employees, by grade 

22 level and by functional specialty. 

23 ‘‘(2) The total number of critical acquisition po24 sitions held, set forth separately for members of the 

25 armed forces and civilian employees, by grade level 


smartinez on DSKB9S0YB1PROD with BILLS
983 

HR 5136 PCS1S 

1 and by other appropriate categories (including by 

2 program manager, deputy program manager, and di3 vision head positions). For each such category, the 

4 report shall specify the number of civilians holding 

5 such positions compared to the total number of posi6 tions filled. 

7 ‘‘(3) The number of employees to whom the re8 quirements of subsections (b)(2)(A) and (b)(2)(B) of 

9 section 1732 of this title did not apply because of 

10 the exceptions provided in paragraphs (1) and (2) of 

11 section 1732(c) of this title, set forth separately by 

12 type of exception. 

13 ‘‘(4) The number of program managers and 

14 deputy program managers who were reassigned after 

15 completion of a major milestone occurring closest in 

16 time to the date on which the person has served in 

17 the position for four years (as required under section 

18 1734(b) of this title), and the proportion of those re19 assignments to the total number of reassignments of 

20 program managers and deputy program managers, 

21 set forth separately for program managers and dep22 uty program managers. The Secretary also shall in23 clude the average length of assignment served by 

24 program managers and deputy program managers so 

25 reassigned. 


smartinez on DSKB9S0YB1PROD with BILLS
984 

HR 5136 PCS1S 

1 ‘‘(5) The number of persons, excluding those 

2 reported under paragraph (4), in critical acquisition 

3 positions who were reassigned after a period of three 

4 years or longer (as required under section 1734(a) 

5 of this title), and the proportion of those reassign6 ments to the total number of reassignments of per7 sons, excluding those reported under paragraph (4), 

8 in critical acquisition positions. 

9 ‘‘(6) 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 title 10, United States Code, is amended by in22 serting after the item relating to section 1722a the 

23 following new item: 

‘‘1722b. Special requirements for civilian employees in the acquisition field.’’. 

24 (b) CAREER EDUCATION AND TRAINING.—Chapter 

25 87 of title 10, United States Code, is amended in section 


smartinez on DSKB9S0YB1PROD with BILLS
985 

HR 5136 PCS1S 

1 1723 by redesignating subsection (b) as subsection (c) and 

2 inserting after subsection (a) the 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 


smartinez on DSKB9S0YB1PROD with BILLS
986 

HR 5136 PCS1S 

1 and experience in the acquisition process and become 

2 seasoned, well-qualified members of the acquisition 

3 workforce.’’. 

4 SEC. 205. RECERTIFICATION AND TRAINING REQUIRE5 MENTS. 

6 (a) CONTINUING EDUCATION.—Section 1723 of title 

7 10, United States Code, as amended by section 204, 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. 


smartinez on DSKB9S0YB1PROD with BILLS
987 

HR 5136 PCS1S 

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. Guidance and standards for acquisition 

13 workforce training 

14 ‘‘(a) FULFILLMENT STANDARDS.—The Secretary of 

15 Defense, acting through the Under Secretary of Defense 

16 for Acquisition, Technology, and Logistics, shall develop 

17 fulfillment standards, and implement and maintain a pro18 gram, for purposes of the training requirements of sec19 tions 1723, 1724, and 1735 of this title. Such fulfillment 

20 standards shall consist of criteria for determining whether 

21 an individual has demonstrated competence in the areas 

22 that would be taught in the training courses required 

23 under those sections. If an individual meets the appro24 priate fulfillment standard, the applicable training re25 quirement is fulfilled. 


smartinez on DSKB9S0YB1PROD with BILLS
988 

HR 5136 PCS1S 

1 ‘‘(b) GUIDANCE AND STANDARDS RELATING TO CON2 TRACTS FOR TRAINING.—The Secretary of Defense shall 

3 develop appropriate guidance and standards to ensure that 

4 the Department of Defense will continue, where appro5 priate and cost-effective, to enter into contracts for the 

6 training requirements of sections 1723, 1724, and 1735 

7 of this title, while maintaining appropriate control over the 

8 content and quality of such training.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such subchapter is amend11 ed by adding at the end the following new item: 

‘‘1748. Guidance and standards for acquisition workforce training.’’. 

12 (3) DEADLINE FOR FULFILLMENT STAND13 ARDS.—The fulfillment standards required under 

14 section 1748(a) of title 10, United States Code, as 

15 added by paragraph (1), shall be developed not later 

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

17 Act. 

18 (4) CONFORMING REPEAL.—Section 853 of 

19 Public Law 105–85 (111 Stat. 1851) is repealed. 

20 SEC. 206. INFORMATION TECHNOLOGY ACQUISITION 

21 WORKFORCE. 

22 (a) IN GENERAL.— 

23 (1) INFORMATION TECHNOLOGY.—Subchapter 

24 II of chapter 87 of title 10, United States Code, is 


smartinez on DSKB9S0YB1PROD with BILLS
989 

HR 5136 PCS1S 

1 amended by adding at the end the following new sec2 tion: 

3 ‘‘§ 1725. Information technology acquisition positions 

4 ‘‘(a) PLAN REQUIRED.—The Secretary of Defense 

5 shall develop and carry out a plan to strengthen the part 

6 of the acquisition workforce that specializes in information 

7 technology. The plan shall include the following: 

8 ‘‘(1) Defined targets for billets devoted to infor9 mation technology acquisition. 

10 ‘‘(2) Specific certification requirements for indi11 viduals in the acquisition workforce who specialize in 

12 information technology acquisition. 

13 ‘‘(3) Defined career paths for individuals in the 

14 acquisition workforce who specialize in information 

15 technology acquisitions. 

16 ‘‘(b) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘information technology’ has the 

18 meaning provided such term in section 11101 of title 

19 40 and includes information technology incorporated 

20 into a major weapon system. 

21 ‘‘(2) The term ‘major weapon system’ has the 

22 meaning provided such term in section 2379(f) of 

23 this title.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
990 

HR 5136 PCS1S 

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: 

‘‘1725. Information technology acquisition positions.’’. 

4 (b) DEADLINE.—The Secretary of Defense shall de5 velop the plan required under section 1725 of title 10, 

6 United States Code, as added by subsection (a), not later 

7 than 180 days after the date of the enactment of this Act. 

8 SEC. 207. DEFINITION OF ACQUISITION WORKFORCE. 

9 Section 101(a) of title 10, United States Code, is 

10 amended by inserting after paragraph (17) the following 

11 new paragraph: 

12 ‘‘(18) The term ‘acquisition workforce’ means 

13 the persons serving in acquisition positions within 

14 the Department of Defense, as designated pursuant 

15 to section 1721(a) of this title.’’. 

16 SEC. 208. DEFENSE ACQUISITION UNIVERSITY CUR17 RICULUM REVIEW. 

18 (a) CURRICULUM REVIEW.—Not later than one year 

19 after the date of the enactment of this Act, the Under 

20 Secretary of Defense for Acquisition, Technology, and Lo21 gistics shall lead a review of the curriculum offered by the 

22 Defense Acquisition University to ensure it adequately 

23 supports the training and education requirements of ac24 quisition professionals, particularly in service contracting, 

25 long term sustainment strategies, information technology, 


smartinez on DSKB9S0YB1PROD with BILLS
991 

HR 5136 PCS1S 

1 and rapid acquisition. The review shall also involve the 

2 service acquisition executives of each military department. 

3 (b) ANALYSIS OF FUNDING REQUIREMENTS FOR

4 TRAINING.—Following the review conducted under sub5 section (a), the Secretary of Defense shall analyze the 

6 most recent future-years defense program to determine 

7 the amounts of estimated expenditures and proposed ap8 propriations necessary to support the training require9 ments of the amendments made by section 205 of this Act, 

10 including any new training requirements determined after 

11 the review conducted under subsection (a). The Secretary 

12 shall identify any additional funding needed for such 

13 training requirements in the separate chapter on the de14 fense acquisition workforce required in the next annual 

15 strategic workforce plan under 115b of title 10, United 

16 States Code. 

17 (c) REQUIREMENT FOR ONGOING CURRICULUM DE18 VELOPMENT WITH CERTAIN SCHOOLS.— 

19 (1) REQUIREMENT.—Section 1746 of title 10, 

20 United States Code, is amended by adding at the 

21 end the following new subsection: 

22 ‘‘(c) CURRICULUM DEVELOPMENT.—The President 

23 of the Defense Acquisition University shall work with the 

24 relevant professional schools and degree-granting institu25 tions of the Department of Defense and military departVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00991 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
992 

HR 5136 PCS1S 

1 ments to ensure that best practices are used in curriculum 

2 development to support acquisition workforce positions.’’. 

3 (2) AMENDMENT TO SECTION HEADING.—(A) 

4 The heading of section 1746 of such title is amended 

5 to read as follows: 

6 ‘‘§ 1746. Defense Acquisition University’’. 

7 (B) The item relating to section 1746 in the 

8 table of sections at the beginning of subchapter IV 

9 of chapter 87 of such title is amended to read as fol10 lows: 

‘‘1746. Defense Acquisition University.’’. 

11 SEC. 209. COST ESTIMATING INTERNSHIP AND SCHOLAR12 SHIP PROGRAMS. 

13 (a) PURPOSE.—The purpose of this section is to re14 quire the Department of Defense to develop internship 

15 and scholarship programs in cost estimating to underscore 

16 the importance of cost estimating, as a core acquisition 

17 function, to the acquisition process. 

18 (b) REQUIREMENT.—The Secretary of Defense shall 

19 develop intern and scholarship programs in cost esti20 mating for purposes of improving education and training 

21 in cost estimating and providing an opportunity to meet 

22 any certification requirements in cost estimating. 

23 (c) IMPLEMENTATION.—Such programs shall be es24 tablished not later than 270 days after the date of the 


smartinez on DSKB9S0YB1PROD with BILLS
993 

HR 5136 PCS1S 

1 enactment of this Act and shall be implemented for a 4- 

2 year period following establishment of the programs. 

3 SEC. 210. PROHIBITION ON PERSONAL SERVICES CON4 TRACTS FOR SENIOR MENTORS. 

5 (a) PROHIBITION.—The Secretary of Defense shall 

6 prohibit the award of a contract for personal services by 

7 any component of the Department of Defense for the pur8 pose of obtaining the services of a senior mentor. 

9 (b) INTERPRETATION.—Nothing in this section shall 

10 be interpreted to prohibit the employment of a senior men11 tor as a highly qualified expert pursuant to section 9903 

12 of title 5, United States Code, subject to the pay and term 

13 limitations of that section. A senior mentor employed as 

14 a highly qualified expert shall be required to submit a fi15 nancial disclosure report and comply with all conflict of 

16 interest laws and regulations applicable to other Federal 

17 employees with similar conditions of service. 

18 (c) DEFINITIONS.—In this section: 

19 (1) The term ‘‘contract for personal services’’ 

20 means a contract awarded under the authority of 

21 section 129b(a) of title 10, United States Code, or 

22 section 3109 of title 5, United States Code. 

23 (2) The term ‘‘component of the Department of 

24 Defense’’ means a military department, a defense 


smartinez on DSKB9S0YB1PROD with BILLS
994 

HR 5136 PCS1S 

1 agency, a Department of Defense field activity, a 

2 unified combatant command, or the joint staff. 

3 (3) The term ‘‘senior mentor’’ means any per4 son— 

5 (A)(i) who has served as a general or flag 

6 officer in the Armed Forces; or 

7 (ii) who has served in a position at a level 

8 at or above the level of the senior executive 

9 service; 

10 (B) has retired within the 10 years pre11 ceding the award of a contract; and 

12 (C) who serves as a mentor, teacher, train13 er, or advisor to government personnel on mat14 ters pertaining to the former official duties of 

15 such person. 

16 TITLE III—FINANCIAL 

17 MANAGEMENT 

18 SEC. 301. INCENTIVES FOR ACHIEVING AUDITABILITY. 

19 (a) PREFERENTIAL TREATMENT AUTHORIZED.—The 

20 Under Secretary of Defense (Comptroller) shall ensure 

21 that any component of the Department of Defense that 

22 the Under Secretary determines has financial statements 

23 validated as ready for audit earlier than September 30, 

24 2017, shall receive preferential treatment, as the Under 

25 Secretary determines appropriate— 


smartinez on DSKB9S0YB1PROD with BILLS
995 

HR 5136 PCS1S 

1 (1) in financial matter matters, including— 

2 (A) consistent with the need to fund ur3 gent warfighter requirements and operational 

4 needs, priority in the release of appropriated 

5 funds to such component; 

6 (B) relief from the frequency of financial 

7 reporting of such component in cases in which 

8 such reporting is not required by law; 

9 (C) relief from departmental obligation and 

10 expenditure thresholds to the extent that such 

11 thresholds establish requirements more restric12 tive than those required by law; or 

13 (D) such other measures as the Under 

14 Secretary considers appropriate; and 

15 (2) in the availability of personnel management 

16 incentives, including— 

17 (A) the size of the bonus pool available to 

18 the financial and business management work19 force of the component; 

20 (B) the rates of promotion within the fi21 nancial and business management workforce of 

22 the component; 

23 (C) awards for excellence in financial and 

24 business management; or 


smartinez on DSKB9S0YB1PROD with BILLS
996 

HR 5136 PCS1S 

1 (D) the scope of work assigned to the fi2 nancial and business management workforce of 

3 the component. 

4 (b) INCLUSION OF INFORMATION IN REPORT.—The 

5 Under Secretary shall include information on any measure 

6 initiated pursuant to this section in the next semiannual 

7 report pursuant to section 1003(b) of the National De8 fense Authorization Act for Fiscal Year 2010 (Public Law 

9 111–84; 123 Stat. 2439; 10 U.S.C. 2222 note) after such 

10 measure is initiated. 

11 (c) EXPIRATION.—This section shall expire on Sep12 tember 30, 2017. 

13 (d) DEFINITION.—In this section, the term ‘‘compo14 nent of the Department of Defense’’ means any organiza15 tion within the Department of Defense that is required 

16 to submit an auditable financial statement to the Sec17 retary of Defense. 

18 SEC. 302. MEASURES REQUIRED AFTER FAILURE TO 

19 ACHIEVE AUDITABILITY. 

20 (a) IN GENERAL.—The Secretary of Defense shall 

21 ensure that corrective measures are immediately taken to 

22 address the failure of a component of the Department of 

23 Defense to achieve a financial statement validated as 

24 ready for audit by September 30, 2017. 


smartinez on DSKB9S0YB1PROD with BILLS
997 

HR 5136 PCS1S 

1 (b) MEASURES REQUIRED.—Not later than 180 days 

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

3 shall develop and issue guidance detailing measures to be 

4 taken in accordance with subsection (a). Such measures 

5 shall include— 

6 (1) the development of a remediation plan to 

7 ensure the component can achieve a financial state8 ment validated as ready for audit within one year; 

9 (2) additional reporting requirements that may 

10 be necessary to mitigate financial risk to the compo11 nent; 

12 (3) delaying the release of appropriated funds 

13 to such component, consistent with the need to fund 

14 urgent warfighter requirements and operational 

15 needs, until such time as the Secretary is assured 

16 that the component will achieve a financial state17 ment validated as ready for audit within one year; 

18 (4) specific consequences for key personnel in 

19 order to ensure accountability within the leadership 

20 of the component; and 

21 (5) such other measures as the Secretary con22 siders appropriate. 

23 (c) DEFINITION.—The term ‘‘component’’ of the De24 partment of Defense means any organization within the 


smartinez on DSKB9S0YB1PROD with BILLS
998 

HR 5136 PCS1S 

1 Department of Defense that is required to submit an 

2 auditable financial statement to the Secretary of Defense. 

3 SEC. 303. REVIEW OF OBLIGATION AND EXPENDITURE 

4 THRESHOLDS. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) Department of Defense program managers 

8 should be encouraged to place a higher priority on 

9 seeking the best value for the Government than on 

10 meeting arbitrary benchmarks for spending; and 

11 (2) actions to carry out paragraph (1) should 

12 be supported by the Department’s leadership at 

13 every level. 

14 (b) POLICY REVIEW.—Not later than 180 days after 

15 the date of the enactment of this Act, the Chief Manage16 ment Officer of the Department of Defense, in coordina17 tion with the Chief Management Officer of each military 

18 department, shall review and update as necessary all rel19 evant policy and instruction regarding obligation and ex20 penditure benchmarks to ensure that such guidance does 

21 not inadvertently prevent achieving the best value for the 

22 Government in the obligation and expenditure of funds. 

23 (c) PROCESS REVIEW.—Not later than one year after 

24 the date of the enactment of this Act, the Chief Manage25 ment Officer, in coordination with the Chief Management 


smartinez on DSKB9S0YB1PROD with BILLS
999 

HR 5136 PCS1S 

1 Officer of each military department, the Director of the 

2 Office of Performance Assessment and Root Cause Anal3 ysis, the Under Secretary of Defense (Comptroller), and 

4 the Comptrollers of the military departments, shall con5 duct a comprehensive review of the use and value of obli6 gation and expenditure benchmarks and propose new 

7 benchmarks or processes for tracking financial perform8 ance, including, as appropriate— 

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 (d) 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 


smartinez on DSKB9S0YB1PROD with BILLS
1000 

HR 5136 PCS1S 

1 and limitations of obligation and expenditure benchmarks 

2 are made clear. 

3 SEC. 304. DISCLOSURE AND TRACEABILITY OF THE COST 

4 OF DEPARTMENT OF DEFENSE HEALTH CARE 

5 CONTRACTS. 

6 (a) DISCLOSURE REQUIREMENT.—The Secretary of 

7 Defense shall require— 

8 (1) an offeror that submits a bid or proposal in 

9 response to an invitation for bids or a request for 

10 proposals issued by a component of the Department 

11 of Defense for a health care contract to submit with 

12 the bid or proposal a disclosure of the additional 

13 cost, if any, contained in such bid or proposal associ14 ated with compliance with the Patient Protection 

15 and Affordable Care Act (Public Law 111–148) and 

16 the Health Care and Education Reconciliation Act of 

17 2010 (Public Law 111–152); and 

18 (2) a contractor for a health care contract 

19 awarded following the date of the enactment of this 

20 Act to disclose on an annual basis the additional 

21 cost, if any, incurred for such contract associated 

22 with compliance with the Patient Protection and Af23 fordable Care Act (Public Law 111–148) and the 

24 Health Care and Education Reconciliation Act of 

25 2010 (Public Law 111–152). 


smartinez on DSKB9S0YB1PROD with BILLS
1001 

HR 5136 PCS1S 

1 (b) REPORT.— 

2 (1) REQUIREMENT.—Not later than April 1, 

3 2011, and each April 1st thereafter until April 1, 

4 2016, the Secretary of Defense shall submit to the 

5 Committee on Armed Services of the Senate and the 

6 Committee on Armed Services of the House of Rep7 resentatives a detailed report on the additional cost 

8 to the Department of Defense associated with com9 pliance with the Patient Protection and Affordable 

10 Care Act (Public Law 111–148) and the Health 

11 Care and Education Reconciliation Act of 2010 

12 (Public Law 111–152). 

13 (2) MATTERS COVERED.—The report required 

14 by paragraph (1) shall include— 

15 (A) the projected costs of compliance for 

16 all health care contracts awarded during the 

17 preceding year, as disclosed in a bid or proposal 

18 in accordance with subsection (a)(1); 

19 (B) for all other health care contracts, the 

20 incurred cost of compliance for the preceding 

21 year, as disclosed in accordance with subsection 

22 (a)(2); and 

23 (C) any additional costs to the Department 

24 of Defense necessary to comply with such Acts. 


smartinez on DSKB9S0YB1PROD with BILLS
1002 

HR 5136 PCS1S 

1 (c) HEALTH CARE CONTRACT DEFINED.—In this 

2 section, the term ‘‘health care contract’’ means a contract 

3 in an amount greater than the simplified acquisition 

4 threshold for the acquisition of any of the following: 

5 (1) Medical supplies. 

6 (2) Health care services and administration, in7 cluding the services of medical personnel. 

8 (3) Durable medical equipment. 

9 (4) Pharmaceuticals. 

10 (5) Health care-related information technology. 

11 TITLE IV—INDUSTRIAL BASE 

12 SEC. 401. EXPANSION OF THE INDUSTRIAL BASE. 

13 (a) PROGRAM TO EXPAND INDUSTRIAL BASE RE14 QUIRED.—The Secretary of Defense shall establish a pro15 gram to expand the industrial base of the Department of 

16 Defense to increase the Department’s access to innovation 

17 and the benefits of competition. The program shall be lim18 ited to firms within the national technology and industrial 

19 base (as defined in section 2500(1) of title 10, United 

20 States Code). 

21 (b) IDENTIFYING AND COMMUNICATING WITH NON22 TRADITIONAL SUPPLIERS.—The program established 

23 under subsection (a) shall use tools and resources available 

24 within the Federal Government and available from the pri25 vate sector, to provide a capability for identifying and 


smartinez on DSKB9S0YB1PROD with BILLS
1003 

HR 5136 PCS1S 

1 communicating with nontraditional suppliers, including 

2 commercial firms and firms of all business sizes, that are 

3 engaged in markets of importance to the Department of 

4 Defense. 

5 (c) OUTREACH TO LOCAL FIRMS NEAR DEFENSE IN6 STALLATIONS.—The program established under sub7 section (a) shall include outreach, using procurement tech8 nical assistance centers, to notify firms of all business 

9 sizes in the vicinity of Department of Defense installations 

10 of opportunities to obtain contracts and subcontracts to 

11 perform work at such installations. 

12 (d) INDUSTRIAL BASE REVIEW.—The program re13 quired by subsection (a) shall include a continuous effort 

14 to review the industrial base supporting the Department 

15 of Defense, including the identification of markets of im16 portance to the Department of Defense. 

17 (e) DEFINITION.—In this section: 

18 (1) NONTRADITIONAL SUPPLIERS.—The term 

19 ‘‘nontraditional suppliers’’ means firms that have re20 ceived contracts from the Department of Defense 

21 with a total value of not more than $100,000 in the 

22 previous five years. 

23 (2) MARKETS OF IMPORTANCE TO THE DE24 PARTMENT OF DEFENSE.—The term ‘‘markets of 

25 importance to the Department of Defense’’ means 


smartinez on DSKB9S0YB1PROD with BILLS
1004 

HR 5136 PCS1S 

1 industrial sectors in which the Department of De2 fense spends more than $500,000,000 annually. 

3 (3) PROCUREMENT TECHNICAL ASSISTANCE

4 CENTER.—The term ‘‘procurement technical assist5 ance center’’ means a center operating under a coop6 erative agreement with the Defense Logistics Agency 

7 to provide procurement technical assistance pursu8 ant to the authority provided in chapter 142 of title 

9 10, United States Code. 

10 SEC. 402. COMMERCIAL PRICING ANALYSIS. 

11 Section 803(c) of the Strom Thurmond National De12 fense Authorization Act for Fiscal Year 1999 (Public Law 

13 105–261; 10 U.S.C. 2306a note) is amended to read as 

14 follows: 

15 ‘‘(c) COMMERCIAL PRICE TREND ANALYSIS.— 

16 ‘‘(1) The Secretary of Defense shall develop and 

17 implement procedures that, to the maximum extent 

18 practicable, provide for the collection and analysis of 

19 information on price trends for categories of exempt 

20 commercial items described in paragraph (2). 

21 ‘‘(2) A category of exempt commercial items re22 ferred to in paragraph (1) consists of exempt com23 mercial items that are in a single Federal Supply 

24 Group or Federal Supply Class, are provided by a 

25 single contractor, or are otherwise logically grouped 


smartinez on DSKB9S0YB1PROD with BILLS
1005 

HR 5136 PCS1S 

1 for the purpose of analyzing information on price 

2 trends. 

3 ‘‘(3) The analysis of information on price 

4 trends under paragraph (1) shall include, in any cat5 egory in which significant escalation in prices is 

6 identified, a more detailed examination of the causes 

7 of escalation for such prices within the category and 

8 whether such price escalation is consistent across the 

9 Department of Defense. 

10 ‘‘(4) The head of a Department of Defense 

11 agency or the Secretary of a military department 

12 shall take appropriate action to address any unjusti13 fied escalation in prices being paid for items pro14 cured by that agency or military department as iden15 tified in an analysis conducted pursuant to para16 graph (1). 

17 ‘‘(5) Not later than April 1 of each of year, the 

18 Secretary of Defense shall submit to the Committee 

19 on Armed Services of the Senate and the Committee 

20 on Armed Services of the House of Representatives 

21 a report on the analyses of price trends that were 

22 conducted for categories of exempt commercial items 

23 during the preceding fiscal year under the proce24 dures prescribed pursuant to paragraph (1). The re25 port shall include a description of the actions taken 


smartinez on DSKB9S0YB1PROD with BILLS
1006 

HR 5136 PCS1S 

1 to identify and address any unjustified price esca2 lation for the categories of items. 

3 ‘‘(6) This subsection shall not be in effect on 

4 and after April 1, 2013.’’. 

5 SEC. 403. CONTRACTOR AND GRANTEE DISCLOSURE OF DE6 LINQUENT FEDERAL TAX DEBTS. 

7 (a) REQUIREMENT.— 

8 (1) IN GENERAL.—Chapter 37 of title 31, 

9 United States Code, is amended by adding at the 

10 end of subchapter II the following new section: 

11 ‘‘§ 3720F. Contractor and grantee disclosure of delin12 quent Federal tax debts 

13 ‘‘(a) REQUIREMENT RELATING TO CONTRACTS.— 

14 The head of any executive agency that issues an invitation 

15 for bids or a request for proposals for a contract in an 

16 amount greater than the simplified acquisition threshold 

17 shall require each person that submits a bid or proposal 

18 to submit with the bid or proposal a form— 

19 ‘‘(1) certifying that the person does not have a 

20 seriously delinquent tax debt; and 

21 ‘‘(2) authorizing the Secretary of the Treasury 

22 to disclose to the head of the agency information 

23 strictly limited to verifying whether the person has 

24 a seriously delinquent tax debt. 


smartinez on DSKB9S0YB1PROD with BILLS
1007 

HR 5136 PCS1S 

1 ‘‘(b) REQUIREMENT RELATING TO GRANTS.—The 

2 head of any executive agency that offers a grant in excess 

3 of an amount equal to the simplified acquisition threshold 

4 may not award such grant to any person unless such per5 son submits with the application for such grant a form— 

6 ‘‘(1) certifying that the person does not have a 

7 seriously delinquent tax debt; and 

8 ‘‘(2) authorizing the Secretary of the Treasury 

9 to disclose to the head of the executive agency infor10 mation strictly limited to verifying whether the per11 son has a seriously delinquent tax debt. 

12 ‘‘(c) FORM FOR RELEASE OF INFORMATION.—The 

13 Secretary of the Treasury shall make available to all exec14 utive agencies a standard form for the certification and 

15 authorization described in subsections (a) and (b). 

16 ‘‘(d) DEFINITIONS.—In this section: 

17 ‘‘(1) CONTRACT.—The term ‘contract’ means a 

18 binding agreement entered into by an executive 

19 agency for the purpose of obtaining property or serv20 ices, but does not include— 

21 ‘‘(A) a contract for property or services 

22 that is intended to be entered into through the 

23 use of procedures other than competitive proce24 dures by reason of section 2304(c)(2) of this 

25 title; or 


smartinez on DSKB9S0YB1PROD with BILLS
1008 

HR 5136 PCS1S 

1 ‘‘(B) a contract designated by the head of 

2 the agency as necessary to the national security 

3 of the United States. 

4 ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive 

5 agency’ has the meaning given that term in section 

6 4(1) of the Office of Federal Procurement Policy 

7 Act (41 U.S.C. 403(1)). 

8 ‘‘(3) PERSON.—The term ‘person’ includes— 

9 ‘‘(A) an individual; 

10 ‘‘(B) a partnership; and 

11 ‘‘(C) a corporation. 

12 ‘‘(4) SERIOUSLY DELINQUENT TAX DEBT.—The 

13 term ‘seriously delinquent tax debt’— 

14 ‘‘(A) means any Federal tax liability— 

15 ‘‘(i) that exceeds $3,000; 

16 ‘‘(ii) that has been assessed by the 

17 Secretary of the Treasury and not paid; 

18 and 

19 ‘‘(iii) for which a notice of lien has 

20 been filed in public records; and 

21 ‘‘(B) does not include any Federal tax li22 ability— 

23 ‘‘(i) being paid in a timely manner 

24 under an offer-in-compromise or install25 ment agreement; 


smartinez on DSKB9S0YB1PROD with BILLS
1009 

HR 5136 PCS1S 

1 ‘‘(ii) with respect to which collection 

2 due process proceedings are not completed; 

3 or 

4 ‘‘(iii) with respect to which collection 

5 due process proceedings are completed and 

6 no further payment is required. 

7 ‘‘(5) SIMPLIFIED ACQUISITION THRESHOLD.— 

8 The term ‘simplified acquisition threshold’ has the 

9 meaning given that term in section 4(11) of the Of10 fice of Federal Procurement Policy Act (41 U.S.C. 

11 403(11)). 

12 ‘‘(e) REGULATIONS.—The Administrator for Federal 

13 Procurement Policy, in consultation with the Secretary of 

14 the Treasury, shall promulgate regulations that— 

15 ‘‘(1) treat corporations and partnerships as 

16 having a seriously delinquent tax debt if such cor17 poration or partnership is controlled (directly or in18 directly) by persons who have a seriously delinquent 

19 tax debt; 

20 ‘‘(2) provide for the proper application of sub21 sections (a)(2) and (b)(2) in the case of corporations 

22 and partnerships; and 

23 ‘‘(3) provide for the proper application of sub24 section (a) to first-tier subcontractors that are idenVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
1010 

HR 5136 PCS1S 

1 tified in a bid or proposal and are a significant part 

2 of a bid or proposal team.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 37 of such title is 

5 amended by adding after the item relating to section 

6 3720E the following new item: 

‘‘3720F. Contractor and grantee disclosure of delinquent Federal tax debts.’’. 

7 (b) REVISION OF FEDERAL ACQUISITION REGULA8 TION.—Not later than 90 days after the final promulga9 tion of regulations under section 3720F(e) of title 31, 

10 United States Code, as added by subsection (a), the Fed11 eral Acquisition Regulation shall be revised to incorporate 

12 the requirements of section 3720F of such title. 

13 SEC. 404. INDEPENDENCE OF CONTRACT AUDITS AND BUSI14 NESS SYSTEM REVIEWS. 

15 (a) DEFENSE CONTRACT AUDIT AGENCY GENERAL

16 COUNSEL.— 

17 (1) IN GENERAL.—Subchapter II of chapter 8 

18 of title 10, United States Code, is amended by add19 ing at the end the following new section: 

20 ‘‘§ 204. Defense Contract Audit Agency general coun21 sel 

22 ‘‘(a) GENERAL COUNSEL.—The Director of the De23 fense Contract Audit Agency shall appoint a General 

24 Counsel of the Defense Contract Audit Agency. 


smartinez on DSKB9S0YB1PROD with BILLS
1011 

HR 5136 PCS1S 

1 ‘‘(b) DUTIES.—(1) The General Counsel shall per2 form such functions as the Director may prescribe and 

3 shall serve at the discretion of the Director. 

4 ‘‘(2) Notwithstanding section 140(b) of this title, the 

5 General Counsel shall be the chief legal officer of the De6 fense Contract Audit Agency. 

7 ‘‘(3) The Defense Contract Audit Agency shall be the 

8 exclusive legal client of the General Counsel. 

9 ‘‘(c) OFFICE OF THE GENERAL COUNSEL.—There is 

10 established an Office of the General Counsel within the 

11 Defense Contract Audit Agency. The Director may ap12 point to the Office to serve as staff of the General Counsel 

13 such legal counsel as the Director determines is appro14 priate.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of subchapter II of chapter 8 

17 of such title is amended by adding at the end the 

18 following new item: 

‘‘204. Defense Contract Audit Agency general counsel.’’. 

19 (b) CRITERIA FOR BUSINESS SYSTEM REVIEWS.— 

20 (1) IN GENERAL.—Chapter 131 of title 10, 

21 United States Code, is amended by inserting after 

22 section 2222 the following new section: 

23 ‘‘§ 2222a. Criteria for business system reviews 

24 ‘‘(a) CRITERIA FOR BUSINESS SYSTEM REVIEWS.— 

25 The Secretary of Defense shall ensure that any contractor 


smartinez on DSKB9S0YB1PROD with BILLS
1012 

HR 5136 PCS1S 

1 business system review carried out by a military depart2 ment, a Defense Agency, or a Department of Defense 

3 Field Activity— 

4 ‘‘(1) complies with generally accepted govern5 ment auditing standards issued by the Comptroller 

6 General; 

7 ‘‘(2) is performed by an audit team that does 

8 not engage in any other official activity (audit-re9 lated or otherwise) involving the contractor con10 cerned; 

11 ‘‘(3) is performed in a time and manner con12 sistent with a documented assessment of risk to the 

13 Federal Government; and 

14 ‘‘(4) involves testing on a representative sample 

15 of transactions sufficient to fully examine the integ16 rity of the contractor business system concerned. 

17 ‘‘(b) CONTRACTOR BUSINESS SYSTEM REVIEW DE18 FINED.—In this section, the term ‘contractor business sys19 tem review’ means an audit of policies, procedures, and 

20 internal controls relating to accounting and management 

21 systems of a contractor.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 131 of such title 

24 is amended by inserting after the item relating to 

25 section 2222 the following new item: 

‘‘2222a. Criteria for business system reviews.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
1013 

HR 5136 PCS1S 

1 (c) CONTRACT AUDIT GUIDANCE.—Not later than 

2 180 days after the date of the enactment of this Act, the 

3 Secretary of Defense shall issue guidance relating to con4 tract audits carried out by a military department, a de5 fense agency, or a Department of Defense field activity 

6 that are not contractor business system reviews, as de7 scribed under section 2222a of title 10, United States 

8 Code, that— 

9 (1) requires that such audits comply with gen10 erally accepted government auditing standards 

11 issued by the Comptroller General and are per12 formed in a time and manner consistent with a doc13 umented assessment of risk to the Federal Govern14 ment; 

15 (2) establishes guidelines for discussions of the 

16 scope of the audit with the contractor concerned 

17 that ensure that such scope is not improperly influ18 enced by the contractor; 

19 (3) provides for withholding of contract pay20 ments when necessary to compel the submission of 

21 documentation from the contractor; and 

22 (4) requires that the results of contract audits 

23 performed on behalf of an agency of the Department 

24 of Defense be shared with other Federal agencies 

25 upon request, without reimbursement. 


smartinez on DSKB9S0YB1PROD with BILLS
1014 

HR 5136 PCS1S 

1 (d) EFFECTIVE DATES.— 

2 (1) SECTION 204.—Section 204 of title 10, 

3 United States Code, as added by subsection (a), 

4 shall take effect on the date of the enactment of this 

5 Act. 

6 (2) SECTION 2222A.—Section 2222a of title 10, 

7 United States Code, as added by subsection (b), 

8 shall take effect 180 days after the date of the en9 actment of this Act. 

10 SEC. 405. BLUE RIBBON PANEL ON ELIMINATING BARRIERS 

11 TO CONTRACTING WITH THE DEPARTMENT 

12 OF DEFENSE. 

13 (a) REQUIREMENT TO ESTABLISH.—The Secretary 

14 of Defense shall establish a panel consisting of owners of 

15 large and small businesses that are not traditional defense 

16 suppliers, for purposes of creating a set of recommenda17 tions on eliminating barriers to contracting with the De18 partment of Defense and its defense supply centers. 

19 (b) MEMBERS.—The panel shall consist of nine mem20 bers, of whom— 

21 (1) three shall be appointed by the Secretary of 

22 the Army; 

23 (2) three shall be appointed by the Secretary of 

24 the Navy; and 


smartinez on DSKB9S0YB1PROD with BILLS
1015 

HR 5136 PCS1S 

1 (3) three shall be appointed by the Secretary of 

2 the Air Force. 

3 (c) APPOINTMENT DEADLINE.—Members shall be 

4 appointed to the panel not later than 180 days after the 

5 date of the enactment of this Act. 

6 (d) DUTIES.—The panel shall be responsible for de7 veloping a set of recommendations on eliminating barriers 

8 to contracting with the Department of Defense and its de9 fense supply centers. 

10 (e) REPORT.—Not later than one year after the date 

11 of the enactment of this Act, the panel shall submit to 

12 Congress a report containing its recommendations. 

13 SEC. 406. 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’’; 


smartinez on DSKB9S0YB1PROD with BILLS
1016 

HR 5136 PCS1S 

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 


smartinez on DSKB9S0YB1PROD with BILLS
1017 

HR 5136 PCS1S 

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 systems 

9 (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. 407. CONSTRUCTION OF ACT ON COMPETITION RE15 QUIREMENTS FOR THE ACQUISITION OF 

16 SERVICES. 

17 Nothing in this Act or the amendments made by this 

18 Act shall be construed to affect the competition require19 ments of section 2304 of title 10, United States Code, with 

20 respect to the acquisition of services. 

21 SEC. 408. ACQUISITION SAVINGS PROGRAM. 

22 (a) PROGRAM REQUIRED.— 

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

24 acting through the Under Secretary of Defense for 

25 Acquisition, Technology, and Logistics, shall carry 


smartinez on DSKB9S0YB1PROD with BILLS
1018 

HR 5136 PCS1S 

1 out a program to provide opportunities to provide 

2 cost-savings on nondevelopmental items. 

3 (2) SAVINGS.—The program, to be known as 

4 the Acquisition Savings Program, shall provide any 

5 person or activity within or outside the Department 

6 of Defense with the opportunity to offer a proposal 

7 to provide savings in excess of 15 percent, to be 

8 known as an acquisition savings proposal, for cov9 ered contracts. 

10 (3) SUNSET.—The program shall cease to be 

11 required on September 30, 2013. 

12 (b) QUALIFYING ACQUISITION SAVINGS PRO13 POSALS.—A proposal shall qualify as an acquisition sav14 ings proposal for purposes of this section if it offers to 

15 supply a nondevelopmental item that is identical to, or 

16 equivalent to (under a performance specification or rel17 evant commercial standard), an item being procured under 

18 a covered contract. 

19 (c) REVIEW BY CONTRACTING OFFICER.—Each ac20 quisition savings proposal shall be reviewed by the con21 tracting officer for the covered contract concerned to de22 termine if such proposal qualifies under this section and 

23 to calculate the savings provided by such proposal. 

24 (d) ACTIONS UPON FAVORABLE REVIEW.—If the 

25 contracting officer for a covered contract determines after 


smartinez on DSKB9S0YB1PROD with BILLS
1019 

HR 5136 PCS1S 

1 review of an acquisition savings proposal that the proposal 

2 would provide an identical or equivalent nondevelopmental 

3 item at a savings in excess of 15 percent, and that a con4 tract award to the offeror of the proposal would not result 

5 in the violation of a minimum purchase agreement or oth6 erwise cause a breach of contract for the covered contract, 

7 the contracting officer may make an award under the cov8 ered contract to the offeror of the acquisition savings pro9 posal or otherwise award a contract for the nondevelop10 mental item concerned to such offeror. 

11 (e) ACTIONS UPON UNFAVORABLE REVIEW.—If a 

12 contracting officer determines after review of an acquisi13 tion savings proposal that the proposal would not satisfy 

14 the requirements of this section, the contracting officer 

15 shall debrief the person or activity offering such proposal 

16 within 30 days after completion of the review. 

17 (f) REPORT.—Not later than March 1, 2013, the Sec18 retary of Defense shall submit to the Committees on 

19 Armed Services of the Senate and House of Representa20 tives a report regarding the program, including the num21 ber of acquisition savings proposals submitted, the number 

22 favorably reviewed, the cumulative savings, and any fur23 ther recommendations for the program. 

24 (g) DEFINITIONS.—In this section: 


smartinez on DSKB9S0YB1PROD with BILLS
1020 

HR 5136 PCS1S 

1 (1) NONDEVELOPMENTAL ITEM.—The term 

2 ‘‘nondevelopmental item’’ has the meaning provided 

3 for such term in section 4 of the Office of Federal 

4 Procurement Policy Act (41 U.S.C. 403). 

5 (2) COVERED CONTRACT.—The term ‘‘covered 

6 contract’’— 

7 (A) means an indefinite delivery indefinite 

8 quantity contract for property as defined in sec9 tion 2304d(2) of title 10, United States Code; 

10 and 

11 (B) does not include any contract awarded 

12 under an exception to competitive acquisition 

13 authorized by the Small Business Act (15 

14 U.S.C. 631 et seq.) 

15 (3) PERFORMANCE SPECIFICATION.—The term 

16 ‘‘performance specification’’ means a specification of 

17 required item functional characteristics. 

18 (4) COMMERCIAL STANDARD.—The term ‘‘com19 mercial standard’’ means a standard used in indus20 try promulgated by an accredited standards organi21 zations that is not a Federal entity. 


smartinez on DSKB9S0YB1PROD with BILLS
1021 

HR 5136 PCS1S 

1 SEC. 409. SENSE OF CONGRESS REGARDING COMPLIANCE 

2 WITH THE BERRY AMENDMENT, THE BUY 

3 AMERICAN ACT, AND LABOR STANDARDS OF 

4 THE UNITED STATES. 

5 In order to create jobs, level the playing field for do6 mestic manufacturers, and strengthen economic recovery, 

7 it is the sense of Congress that the Department of Defense 

8 should— 

9 (1) ensure full contractor and subcontractor 

10 compliance with the Berry Amendment (10 U.S.C. 

11 2533a) and the Buy American Act (41 U.S.C. 10a 

12 et seq.); and 

13 (2) not procure products made by manufactur14 ers in the United States that violate labor standards 

15 as defined under the laws of the United States. 

16 SEC. 410. INDUSTRIAL BASE COUNCIL AND FUND. 

17 (a) INDUSTRIAL BASE COUNCIL.— 

18 (1) IN GENERAL.—Chapter 7 of title 10, United 

19 States Code, is amended by adding at the end the 

20 following new section: 

21 ‘‘§ 188. Industrial Base Council 

22 ‘‘(a) COUNCIL ESTABLISHED.—There is in the De23 partment of Defense an Industrial Base Council. 

24 ‘‘(b) MISSION.—The mission of the Industrial Base 

25 Council is to assist the Secretary in all matters pertaining 

26 to the industrial base of the Department of Defense, inVerDate Mar 15 2010 23:05 Jun 28, 2010 Jkt 089200 PO 00000 Frm 01021 Fmt 6652 Sfmt 6201 E:\BILLS\H5136.PCS H5136

smartinez on DSKB9S0YB1PROD with BILLS
1022 

HR 5136 PCS1S 

1 cluding matters pertaining to the national defense tech2 nology and industrial base included in chapter 148 of this 

3 title. 

4 ‘‘(c) MEMBERSHIP.—The following officials of the 

5 Department of Defense shall be members of the Council: 

6 ‘‘(1) The Chairman of the Council, who shall be 

7 the Under Secretary of Defense for Acquisition, 

8 Technology, and Logistics, the functions of which 

9 may be delegated by the Under Secretary only to the 

10 Principal Deputy Under Secretary of Defense for 

11 Acquisition, Technology, and Logistics. 

12 ‘‘(2) The Executive Director of the Council, 

13 who shall be an official from within the Office of the 

14 Under Secretary responsible for industrial base mat15 ters and who shall report directly to the Under Sec16 retary or the Principal Deputy Under Secretary. 

17 ‘‘(3) Officials from within the Office of the Sec18 retary of Defense, as designated by the Secretary, 

19 with direct responsibility for matters pertaining to 

20 following areas: 

21 ‘‘(A) Manufacturing. 

22 ‘‘(B) Research and development. 

23 ‘‘(C) Systems engineering and system inte24 gration. 

25 ‘‘(D) Services. 


smartinez on DSKB9S0YB1PROD with BILLS
1023 

HR 5136 PCS1S 

1 ‘‘(E) Information Technology. 

2 ‘‘(F) Sustainment and logistics. 

3 ‘‘(4) The Director of the Defense Logistics 

4 Agency. 

5 ‘‘(5) Officials from the military departments, as 

6 designated by the Secretary of each military depart7 ment, with responsibility for industrial base matters 

8 relevant to the military department concerned. 

9 ‘‘(d) DUTIES.—The Council shall assist the Secretary 

10 in the following: 

11 ‘‘(1) Providing input on industrial base matters 

12 to strategy reviews, including quadrennial defense 

13 reviews performed pursuant to section 118 of this 

14 title. 

15 ‘‘(2) Managing the industrial base. 

16 ‘‘(3) Providing recommendations to the Sec17 retary on budget matters pertaining to the industrial 

18 base. 

19 ‘‘(4) Providing recommendations to the Sec20 retary on supply chain management and supply 

21 chain vulnerability. 

22 ‘‘(5) Providing input on industrial base matters 

23 to defense acquisition policy guidance. 


smartinez on DSKB9S0YB1PROD with BILLS
1024 

HR 5136 PCS1S 

1 ‘‘(6) Issuing and revising the Department of 

2 Defense technology and industrial base guidance re3 quired by section 2506 of this title. 

4 ‘‘(7) Such other duties as are assigned by the 

5 Secretary. 

6 ‘‘(e) REPORTING OF ACTIVITIES.—The Secretary 

7 shall include a section describing the activities of the 

8 Council in the annual report to Congress required by sec9 tion 2505 of this title.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such chapter is amended 

12 by adding at the end the following new item: 

‘‘188. Industrial Base Council.’’. 

13 (b) INDUSTRIAL BASE FUND.— 

14 (1) IN GENERAL.—Chapter 148 of title 10, 

15 United States Code, is amended by adding at the 

16 end the following new section: 

17 ‘‘§ 2508. Industrial Base Fund 

18 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

19 shall establish an Industrial Base Fund (in this section 

20 referred to as the ‘Fund’). 

21 ‘‘(b) CONTROL OF FUND.—The Fund shall be under 

22 the control of the Industrial Base Council established pur23 suant to section 188 of this title. 


smartinez on DSKB9S0YB1PROD with BILLS
1025 

HR 5136 PCS1S 

1 ‘‘(c) AMOUNTS IN FUND.—The Fund shall consist of 

2 amounts appropriated or otherwise made available to the 

3 Fund. 

4 ‘‘(d) USE OF FUND.—Subject to subsection (e), the 

5 Fund shall be used— 

6 ‘‘(1) to support the monitoring and assessment 

7 of the industrial base required by this chapter; 

8 ‘‘(2) to address critical issues in the industrial 

9 base relating to urgent operation needs; 

10 ‘‘(3) to support efforts to expand the industrial 

11 base; and 

12 ‘‘(4) to address supply chain vulnerabilities. 

13 ‘‘(e) USE OF FUND SUBJECT TO APPROPRIATIONS.— 

14 The authority of the Secretary of Defense to use the Fund 

15 under this section in any fiscal year is subject to the avail16 ability of appropriations for that purpose. 

17 ‘‘(f) EXPENDITURES.—The Secretary shall establish 

18 procedures for expending monies in the Fund in support 

19 of the uses identified in subsection (d), including the fol20 lowing: 

21 ‘‘(1) Direct obligations from the Fund. 

22 ‘‘(2) Transfers of monies from the Fund to rel23 evant appropriations of the Department of De24 fense.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
1026 

HR 5136 PCS1S 

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘2508. Industrial Base Fund.’’. 

4 TITLE V—OTHER MATTERS 

5 SEC. 501. CLOTHING ALLOWANCE REQUIREMENT. 

6 The Comptroller General shall conduct a study of the 

7 items purchased under section 418 of title 37, United 

8 States Code, to determine if there is sufficient domestic 

9 production of such items to adequately supply members 

10 of the Armed Forces and shall transmit the results of such 

11 study to the Secretary of Defense. Not later than 6 

12 months after receiving the results of such study, the Sec13 retary of Defense shall transmit to the Committees on 

14 Armed Services of the Senate and the House of Represent15 atives an evaluation on whether such items under the 

16 study should be considered subject to section 2533a of 

17 title 10, United States Code (popularly known as the 

18 ‘‘Berry Amendment’’). 

19 SEC. 502. REQUIREMENT THAT COST OR PRICE TO THE 

20 FEDERAL GOVERNMENT BE GIVEN AT LEAST 

21 EQUAL IMPORTANCE AS TECHNICAL OR 

22 OTHER CRITERIA IN EVALUATING COMPETI23 TIVE PROPOSALS FOR DEFENSE CONTRACTS. 

24 (a) REQUIREMENT.—Subparagraph (A) of section 

25 2305(a)(3) of title 10, United States Code, is amended 


smartinez on DSKB9S0YB1PROD with BILLS
1027 

HR 5136 PCS1S 

1 by striking ‘‘proposals; and’’ at the end of clause (ii) and 

2 all that follows through the end of the subparagraph and 

3 inserting the following: ‘‘proposals and that must be as4 signed importance at least equal to all evaluation factors 

5 other than cost or price when combined.’’. 

6 (b) WAIVER.—Section 2305(a)(3) of such title is fur7 ther amended by striking subparagraph (B) and inserting 

8 the following: 

9 ‘‘(B) The requirement of subparagraph (A)(ii) relat10 ing to assigning at least equal importance to evaluation 

11 factors of cost or price may be waived by the head of the 

12 agency. The authority to issue a waiver under this sub13 paragraph may not be delegated.’’. 

14 (c) REPORT.—Section 2305(a)(3) of such title is fur15 ther amended by adding at the end the following new sub16 paragraph: 

17 ‘‘(C) Not later than 180 days after the end of each 

18 fiscal year, the Secretary of Defense shall submit to Con19 gress, and post on a publicly available website of the De20 partment of Defense, a report containing a list of each 

21 waiver issued by the head of an agency under subpara22 graph (B) during the preceding fiscal year.’’. 

Passed the House of Representatives May 28, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


smartinez on DSKB9S0YB1PROD with BILLS
Calendar No. 447 

111TH CONGRESS 

2D SESSION H. R. 5136 

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, 

JUNE 28, 2010 

Received; read twice and placed on the calendar 


smartinez on DSKB9S0YB1PROD with BILLS