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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5136 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 423
111th CONGRESS
  2d Session
                                H. R. 5136

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 9, 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 2011''.

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

    (a) Divisions.--This Act is organized into four divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.
            (4) Division D--Implementing Management for Performance and 
        Related Reforms to Obtain Value in Every Acquisition Act.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
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

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.
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

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.
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.
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.
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.
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.
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 non-regular 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

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 
                            post-graduate 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 health-care 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.
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.
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 
                            disadvantaged-owned 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

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 
                            counter-drug 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.
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.
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.
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

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.
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

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.
          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.
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.
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.
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.
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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

    For purposes of this Act, the term ``congressional defense 
committees'' has the meaning given that term in section 101(a)(16) of 
title 10, United States Code.

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

    Any law or regulation applicable to Operation Iraqi Freedom shall 
apply in the same manner and to the same extent to the successor 
contingency operation known as Operation New Dawn, except as 
specifically provided in this Act, any amendment made by this Act, or 
any other law enacted after the date of the enactment of this Act.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for procurement for the Army as follows:
            (1) For aircraft, $5,986,361,000.
            (2) For missiles, $1,631,463,000.
            (3) For weapons and tracked combat vehicles, 
        $1,616,245,000.
            (4) For ammunition, $1,946,948,000.
            (5) For other procurement, $9,398,728,000.

SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2011 for procurement for the Navy as follows:
            (1) For aircraft, $19,132,613,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,350,894,000.
            (3) For shipbuilding and conversion, $15,724,520,000.
            (4) For other procurement, $6,450,208,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2011 for procurement for the Marine Corps in the amount 
of $1,379,044,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2011 for procurement of ammunition 
for the Navy and the Marine Corps in the amount of $817,991,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for procurement for the Air Force as follows:
            (1) For aircraft, $15,355,908,000.
            (2) For ammunition, $672,420,000.
            (3) For missiles, $5,470,772,000.
            (4) For other procurement, $17,911,730,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for Defense-wide procurement in the amount of $4,399,768,000.

                       Subtitle B--Army Programs

SEC. 111. PROCUREMENT OF EARLY INFANTRY BRIGADE COMBAT TEAM INCREMENT 
              ONE EQUIPMENT.

    (a) Limitation on Production Quantities.--Except as provided in 
subsection (c), the Secretary of Defense may not procure more than two 
brigade sets of early-infantry brigade combat team increment one 
equipment (in this section referred to as a ``brigade set'').
    (b) Applicability to Long-lead Production Items.--The limitation in 
subsection (a) includes procurement of a long-lead item for an element 
of a brigade set beyond the two brigade sets authorized under such 
subsection.
    (c) Waiver.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics may waive the limitation in subsection (a) 
if--
            (1) the Under Secretary submits to Congress written 
        certification that--
                    (A) the initial operational test and evaluation of 
                the brigade set has been completed;
                    (B) the Director of Operational Test and Evaluation 
                has submitted to Congress a report describing the 
                results of the initial operational test and evaluation 
                (as described in section 2399(b) of title 10, United 
                States Code) and the comparative test of the brigade 
                set;
                    (C) all of the subsystems tested in the initial 
                operational test and evaluation were tested in the 
                intended production configuration; and
                    (D) all radios planned for fielding with the 
                brigade set have received the appropriate National 
                Security Agency approvals, as determined by the Under 
                Secretary; and
            (2) a period of 30 days has elapsed after the date on which 
        the certification under paragraph (1) is received.
    (d) Exception for Meeting Operational Need Statement 
Requirements.--The limitation in subsection (a) does not apply to the 
procurement of individual components of the brigade set if the 
procurement of such components is specifically intended to address an 
operational need statement requirement (as described in Army Regulation 
71-9 or a successor regulation).

SEC. 112. REPORT ON ARMY BATTLEFIELD NETWORK PLANS AND PROGRAMS.

    (a) Report Required.--Not later than March 1, 2011, the Secretary 
of the Army shall submit to the congressional defense committees a 
report on plans for fielding tactical communications network equipment. 
Such report shall include--
            (1) an explanation of the current communications 
        architecture of every level of the Army;
            (2) an explanation of the future communications 
        architecture of every level of the Army;
            (3) the quantities and types of new equipment that the 
        Secretary plans to procure in the 5-year period following the 
        date on which the report is submitted in order to develop the 
        architecture described in paragraph (2);
            (4) a list of the equipment described in paragraph (3) that 
        is included in the budget of the President for fiscal year 2012 
        (as submitted to Congress pursuant to section 1105 of title 31, 
        United States Code); and
            (5) for each item included in the list of equipment 
        described in paragraph (3)--
                    (A) an updated average procurement unit cost for 
                each year of the covered 5-year period; and
                    (B) the updated total Army acquisition objective.
    (b) Limitation on Obligation of Funds.--Except as provided in 
subsection (c), of the funds authorized to be appropriated by this or 
any other Act for fiscal year 2011 for procurement, Army, for tactical 
radios or tactical communications network equipment, not more than 50 
percent may be obligated or expended until the date that is 15 days 
after the date on which the report is submitted under subsection (a).
    (c) Exception for Meeting Operational Need Statement 
Requirements.--The limitation in subsection (b) does not apply to the 
procurement of tactical radio or tactical communications network 
equipment if the procurement of such equipment is specifically intended 
to address an operational need statement requirement (as described in 
Army Regulation 71-9 or a successor regulation).
    (d) Tactical Communications Network Equipment Defined.--In this 
section, the term ``tactical communications network equipment'' means 
all electronic communications systems operated by a tactical unit (of 
brigade size or smaller) of the Army.

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

    (a) Limitation.--None of the funds authorized to be appropriated by 
section 101(5) for other procurement, Army, may be obligated or 
expended by the Secretary of the Army for line-haul tractors unless the 
source selection is made based on a full and open competition.
    (b) Waiver.--The Secretary of the Army may waive the limitation 
under subsection (a) if the Secretary certifies to the congressional 
defense committees by not later than 90 days after the date of the 
enactment of this Act that a sole source selection--
            (1) is needed to fulfill mission requirements; or
            (2) is more cost effective than a full and open 
        competition.

                       Subtitle C--Navy Programs

SEC. 121. INCREMENTAL FUNDING FOR PROCUREMENT OF LARGE NAVAL VESSELS.

    (a) Incremental Funding of Large Naval Vessels.--Except as provided 
in subsection (b), the Secretary of the Navy may use incremental 
funding for the procurement of a large naval vessel over a period not 
to exceed the number of years equal to three-fourths of the total 
period of planned ship construction of such vessel.
    (b) LPD 26.--With respect to the vessel designated LPD 26, the 
Secretary may use incremental funding for the procurement of such 
vessel through fiscal year 2012 if the Secretary determines that such 
incremental funding--
            (1) is in the best interest of the overall shipbuilding 
        efforts of the Navy;
            (2) is needed to provide the Secretary with the ability to 
        facilitate changes to the shipbuilding industrial base of the 
        Navy; and
            (3) will provide the Secretary with the ability to award a 
        contract for construction of the vessel that provides the best 
        value to the United States.
    (c) Condition for Out-year Contract Payments.--A contract entered 
into under subsection (a) or (b) shall provide that any obligation of 
the United States to make a payment under the contract for a fiscal 
year after the fiscal year the vessel was authorized is subject to the 
availability of appropriations for that purpose for that later fiscal 
year.
    (d) Definitions.--In this section:
            (1) The term ``large naval vessel'' means a vessel--
                    (A) that is--
                            (i) an aircraft carrier designated a CVN;
                            (ii) an amphibious assault ship designated 
                        LPD, LHA, LHD, or LSD; or
                            (iii) an auxiliary vessel; and
                    (B) that has a light ship displacement of 17,000 
                tons or more.
            (2) The term ``total period of planned ship construction'' 
        means the period of years beginning on the date of the first 
        authorization of funding (not including funding requested for 
        advance procurement) and ending on the date that is projected 
        on the date of the first authorization of funding to be the 
        delivery date of the vessel to the Navy.

SEC. 122. MULTIYEAR PROCUREMENT OF F/A-18E, F/A-18F, AND EA-18G 
              AIRCRAFT.

    (a) Multiyear Procurement.--
            (1) Additional authority.--Section 128 of the National 
        Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
        84; 123 Stat. 2217) is amended by adding at the end the 
        following new subsections:
    ``(e) Updated Report.--With respect to a multiyear contract entered 
into under subsection (a), the Secretary of Defense may submit to the 
congressional defense committees an update to the report under section 
2306b(l)(4) of title 10, United States Code, by not later than 
September 1, 2010.
    ``(f) Required Authority.--Notwithstanding any other provision of 
law, with respect to a multiyear contract entered into under subsection 
(a), this section shall be deemed to meet the requirements under 
subsection (i)(3) and (l)(3) of section 2306b of title 10, United 
States Code.
    ``(g) Exception to Certain Requirement.--Section 8008(b) of the 
Department of Defense Appropriations Act, 1998 (Public Law 105-56; 10 
U.S.C. 2306b note) shall not apply to a multiyear contract entered into 
under subsection (a).
    ``(h) Use of Funds.--
            ``(1) Procurement.--In accordance with paragraph (2), the 
        Secretary of Defense shall ensure that all funds authorized to 
        be appropriated for the advance procurement or procurement of 
        F/A-18E, F/A-18F, or EA-18G aircraft under this section are 
        obligated or expended for such purpose.
            ``(2) Use of excess funds.--The Secretary of Defense shall 
        ensure that any excess funds are obligated or expended for the 
        advance procurement or procurement of F/A-18E or F/A-18F 
        aircraft under this section, regardless of whether such 
        aircraft are in addition to the 515 F/A-18E and F/A-18F 
        aircraft planned by the Secretary of the Navy.
            ``(3) Excess funds defined.--In this subsection, the term 
        `excess funds', with respect to funds available for the advance 
        procurement or procurement of F/A-18E, F/A-18F, or EA-18G 
        aircraft under this section, means the amount of funds that is 
        equal to the difference of--
                    ``(A) the sum of--
                            ``(i) the funds authorized to be 
                        appropriated by this Act or otherwise available 
                        for fiscal year 2010 for the advance 
                        procurement and procurement of F/A-18E, F/A-
                        18F, or EA-18G aircraft; and
                            ``(ii) the funding levels for the advance 
                        procurement and procurement of such aircraft 
                        for fiscal years 2011 through 2013 proposed by 
                        the Secretary of Defense in the future-years 
                        defense program for fiscal year 2011 submitted 
                        under section 221 of title 10, United States 
                        Code; and
                    ``(B) the funds required to execute the multiyear 
                contracts for the advance procurement and procurement 
                of such aircraft under this section.''.
            (2) Extension of certification.--Paragraph (2) of 
        subsection (a) of such section is amended by striking ``a 
        reference to March'' and inserting ``a reference to 
        September''.
    (b) Full Funding Certification.--Paragraph (1) of section 8011 of 
the Department of Defense Appropriations Act, 2010 (Public Law 111-118; 
10 U.S.C. 2306b note) is amended by inserting after ``within 30 days of 
enactment of this Act'' the following: ``(or in the case of a multiyear 
contract for the procurement of F/A-18E, F/A-18F, or EA-18G aircraft, 
by the date that is not less than 30 days prior to the contract 
award)''.

SEC. 123. REPORT ON NAVAL FORCE STRUCTURE AND MISSILE DEFENSE.

    (a) Report.--Not later than March 1, 2011, the Secretary of the 
Navy, in coordination with the Chief of Naval Operations, shall submit 
to the congressional defense committees a report on the requirements of 
the major combatant surface vessels with respect to missile defense.
    (b) Matters Included.--The report shall include the following:
            (1) An analysis of whether the requirement for sea-based 
        missile defense can be accommodated by upgrading Aegis ships 
        that exist as of the date of the report or by procuring 
        additional combatant surface vessels.
            (2) Whether such sea-based missile defense will require 
        increasing the overall number of combatant surface vessels 
        beyond the requirement of 88 cruisers and destroyers in the 
        313-ship fleet plan of the Navy.
            (3) The number of Aegis ships needed by each combatant 
        commander to fulfill ballistic missile defense requirements, 
        including (in consultation with the Chairman of the Joints 
        Chiefs of Staff) the number of such ships needed to support the 
        phased, adaptive approach to ballistic missile defense in 
        Europe.
            (4) A discussion of the potential effect of ballistic 
        missile defense operations on the ability of the Navy to meet 
        surface fleet demands in each geographic area and for each 
        mission set.
            (5) An evaluation of how the Aegis ballistic missile 
        defense program can succeed as part of a balanced fleet of 
        adequate size and strength to meet the security needs of the 
        United States.
            (6) A description of both the shortfalls and the benefits 
        of expected technological advancements in the sea-based missile 
        defense program.
            (7) A description of the anticipated plan for deployment of 
        Aegis ballistic missile ships within the context of the fleet 
        response plan.

                     Subtitle D--Air Force Programs

SEC. 131. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR F-22 FIGHTER 
              AIRCRAFT.

    Subsection (b) of section 133 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.2219) is amended 
by striking ``2010'' and inserting ``2011''.

               Subtitle E--Joint and Multiservice Matters

SEC. 141. LIMITATION ON PROCUREMENT OF F-35 LIGHTNING II AIRCRAFT.

    (a) Limitation.--Except as provided in subsection (c), of the 
amounts authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2011 for aircraft procurement, Air Force, and 
aircraft procurement, Navy, for F-35 Lightning II aircraft, not more 
than an amount necessary for the procurement of 30 such aircraft may be 
obligated or expended unless--
            (1) the certifications under subsection (b) are received by 
        the congressional defense committees on or before January 15, 
        2011; and
            (2) a period of 15 days has elapsed after the date of such 
        receipt.
    (b) Certifications.--Not later than January 15, 2011--
            (1) the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics shall certify in writing to the 
        congressional defense committees that--
                    (A) each of the 11 scheduled system development and 
                demonstration aircraft planned in the schedule for 
                delivery during 2010 has been delivered to the 
                designated test location;
                    (B) the initial service release has been granted 
                for the F135 engine designated for the short take-off 
                and vertical landing variant;
                    (C) facility configuration and industrial tooling 
                capability and capacity is sufficient to support 
                production of at least 42 F-35 aircraft for fiscal year 
                2011;
                    (D) block 1.0 software has been released and is in 
                flight test;
                    (E) the Secretary of Defense has--
                            (i) determined that two F-35 aircraft from 
                        low-rate initial production 1 have met 
                        established criteria for acceptance; and
                            (ii) accepted such aircraft for delivery; 
                        and
                    (F) advance procurement funds appropriated for the 
                advance procurement of F136 engines for fiscal years 
                2009 and 2010 have either been obligated or the 
                Secretary of Defense has submitted a reprogramming 
                action to the congressional defense committees that 
                would reprogram such funds to meet other F136 
                development requirements; and
            (2) the Director of Operational Test and Evaluation shall 
        certify in writing to the congressional defense committees 
        that--
                    (A) the F-35C aircraft designated as CF-1 has 
                effectively accomplished its first flight;
                    (B) the 394 F-35 aircraft test flights planned in 
                the schedule to occur during 2010 have been completed 
                with sufficient results;
                    (C) 95 percent of the 3,772 flight test points 
                planned for completion in 2010 were accomplished;
                    (D) the conventional take-off and land variant low 
                observable signature flight test has been conducted and 
                the results of such test have met or exceeded threshold 
                key performance parameters;
                    (E) six F136 engines have been made available for 
                testing; and
                    (F) not less than 1,000 test hours have been 
                completed in the F136 system development and 
                demonstration program.
    (c) Waiver.--After January 15, 2011, the Secretary of Defense may 
waive the limitation in subsection (a) if each of the following occurs:
            (1) The written certification described in subsection 
        (b)(1) is submitted by the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics not later than January 
        15, 2011.
            (2) The Under Secretary of Defense for Acquisition, 
        Technology, and Logistics certifies in writing to the 
        congressional defense committees that the failure to fully 
        achieve the milestones described in subsection (b)(2) will 
        not--
                    (A) delay or otherwise negatively affect the F-35 
                aircraft test schedule for fiscal year 2011;
                    (B) impede production of 42 F-35 aircraft in such 
                fiscal year; and
                    (C) otherwise increase risk to the F-35 aircraft 
                program.
            (3) A period of 30 days has elapsed after the date on which 
        the certification under paragraph (2) is submitted to the 
        congressional defense committees.
    (d) Schedule Defined.--In this section, the term ``schedule'' means 
the F-35 Lightning II program update schedule received by the 
congressional defense committees on March 15, 2010.

SEC. 142. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS.

    (a) General Limitation.--Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2011 for 
biometrics programs and operations, not more than 85 percent may be 
obligated or expended until--
            (1) the Secretary of Defense submits to the congressional 
        defense committees a report on the actions taken--
                    (A) to implement subparagraphs (A) through (F) of 
                paragraph (16) of the National Security Presidential 
                Directive dated June 5, 2008 (NSPD-59);
                    (B) to implement the recommendations of the 
                Comptroller General of the United States included in 
                the report of the Comptroller General numbered GAO-08-
                1065 dated September 2008;
                    (C) to implement the recommendations of the 
                Comptroller General included in the report of the 
                Comptroller General numbered GAO-09-49 dated October 
                2008;
                    (D) to fully and completely characterize the 
                current biometrics architecture and establish the 
                objective architecture for the Department of Defense;
                    (E) to ensure that an official of the Office of the 
                Secretary of Defense has the authority necessary to be 
                responsible for ensuring that all funding for 
                biometrics programs and operations is programmed, 
                budgeted, and executed; and
                    (F) to ensure that an officer within the Office of 
                the Joint Chiefs of Staff has the authority necessary 
                to be responsible for ensuring the development and 
                implementation of common and interoperable standards 
                for the collection, storage, and use of biometrics data 
                by all combatant commanders and their commands; and
            (2) a period of 30 days has elapsed after the date on which 
        the report is submitted under paragraph (1).
    (b) Specific Limitation.--None of the funds authorized to be 
appropriated by this Act or otherwise made available for fiscal year 
2011 for biometrics programs and operations may be obligated or 
expended unless the Under Secretary of Defense for Acquisition, 
Technology, and Logistics (acting through the Director of Defense 
Biometrics) approves such obligation or expenditure in writing.

SEC. 143. COUNTER-IMPROVISED EXPLOSIVE DEVICE INITIATIVES DATABASE.

    (a) Comprehensive Database.--
            (1) In general.--The Secretary of Defense, acting through 
        the Director of the Joint Improvised Explosive Device Defeat 
        Organization, shall develop and maintain a comprehensive 
        database containing appropriate information for coordinating, 
        tracking, and archiving each counter-improvised explosive 
        device initiative within the Department of Defense. The 
        database shall, at a minimum, ensure the visibility of each 
        counter-improvised explosive device initiative.
            (2) Use of information.--Using information contained in the 
        database developed under paragraph (1), the Secretary, acting 
        through the Director of the Joint Improvised Explosive Device 
        Defeat Organization, shall--
                    (A) identify and eliminate redundant counter-
                improvised explosive device initiatives;
                    (B) facilitate the transition of counter-improvised 
                explosive device initiatives from funding under the 
                Joint Improvised Explosive Device Defeat Fund to 
                funding provided by the military departments; and
                    (C) notify the appropriate personnel and 
                organizations prior to a counter-improvised explosive 
                device initiative being funded through the Joint 
                Improvised Explosive Device Defeat Fund.
            (3) Coordination.--In carrying out paragraph (1), the 
        Secretary shall ensure that the Secretary of each military 
        department coordinates and collaborates on development of the 
        database to ensure its interoperability, completeness, 
        consistency, and effectiveness.
    (b) Metrics.--The Secretary of Defense, acting through the Director 
of the Joint Improvised Explosive Device Defeat Organization, shall--
            (1) develop appropriate means to measure the effectiveness 
        of counter-improvised explosive device initiatives; and
            (2) prioritize the funding of such initiatives according to 
        such means.
    (c) Elimination of Prior Notice Requirement.--Subsection (c) of 
section 1514 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by 
the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4649), is further amended--
            (1) by striking paragraph (4); and
            (2) by redesignating paragraph (5) as paragraph (4).
    (d) Counter-improvised Explosive Device Initiative Defined.--In 
this section, the term ``counter-improvised explosive device 
initiative'' means any project, program, or research activity funded by 
any component of the Department of Defense that is intended to assist 
or support efforts to counter, combat, or defeat the use of improvised 
explosive devices.

SEC. 144. STUDY ON LIGHTWEIGHT BODY ARMOR SOLUTIONS.

    (a) Study Required.--The Secretary of Defense shall enter into a 
contract with a federally funded research and development center to 
conduct a study to--
            (1) assess the effectiveness of the processes used by the 
        Secretary to identify and examine the requirements for lighter 
        weight body armor systems; and
            (2) determine ways in which the Secretary may more 
        effectively address the research, development, and procurement 
        requirements regarding reducing the weight of body armor.
    (b) Matters Covered.--The study conducted under subsection (a) 
shall include findings and recommendations regarding the following:
            (1) The requirement for lighter weight body armor and 
        personal protective equipment and the ability of the Secretary 
        to meet such requirement.
            (2) Innovative design ideas for more modular body armor 
        that allow for scalable protection levels for various missions 
        and threats.
            (3) The need for research, development, and acquisition 
        funding dedicated specifically for reducing the weight of body 
        armor.
            (4) The efficiency and effectiveness of current body armor 
        funding procedures and processes.
            (5) Industry concerns, capabilities, and willingness to 
        invest in the development and production of lightweight body 
        armor initiatives.
            (6) Barriers preventing the development of lighter weight 
        body armor (including such barriers with respect to technical, 
        institutional, or financial problems).
            (7) Changes to procedures or policy with respect to 
        lightweight body armor.
            (8) Other areas of concern not previously addressed by 
        equipping boards, body armor producers, or program managers.
    (c) Submission to Congress.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to the 
congressional defense committees a report on the study conducted under 
subsection (a).

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $10,316,754,000.
            (2) For the Navy, $17,978,646,000.
            (3) For the Air Force, $27,269,902,000.
            (4) For Defense-wide activities, $20,908,006,000, of which 
        $194,910,000 is authorized for the Director of Operational Test 
        and Evaluation.

    Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. REPORT REQUIREMENTS FOR REPLACEMENT PROGRAM OF THE OHIO-CLASS 
              BALLISTIC MISSILE SUBMARINE.

    (a) Findings.--Congress makes the following findings:
            (1) The sea-based strategic deterrence provided by the 
        ballistic missile submarine force of the Navy has been 
        essential to the national security of the United States since 
        the deployment of the first ballistic missile submarine, the 
        USS George Washington SSBN 598, in 1960.
            (2) Since 1960, a total of 59 submarines have served the 
        United States to provide the sea-based strategic deterrence.
            (3) As of the date of the enactment of this Act, the sea-
        based strategic deterrence is provided by the tremendous 
        capability of the 14 ships of the Ohio-class submarine force, 
        which have been the primary sea-based deterrent force for more 
        than two decades.
            (4) Ballistic missile submarines are the most survivable 
        asset in the arsenal of the United States in the event of a 
        surprise nuclear attack on the country because, being submerged 
        for months at a time, these submarines are virtually 
        undetectable to any adversary and therefore invulnerable to 
        attack, thus providing the submarines with the ability to 
        respond with significant force against any adversary who 
        attacks the United States or its allies.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) as Ohio-class submarines reach the end of their service 
        life and are retired, the United States must maintain the 
        robust sea-based strategic deterrent force that has the ability 
        to remain undetected by potential adversaries and must have the 
        capability to deliver a retaliatory strike of such magnitude 
        that no rational actor would dare attack the United States;
            (2) the Secretary of Defense should conduct a comprehensive 
        analysis of the alternative capabilities to provide the sea-
        based strategic deterrence that includes consideration of 
        different types and sizes of submarines, different types and 
        sizes of missile systems, the number of submarines necessary to 
        provide such deterrence, and the cost of each alternative; and
            (3) prior to requesting more than $1,000,000,000 in 
        research and development funding to develop a replacement for 
        the Ohio-class ballistic missile submarine force in advance of 
        a Milestone A decision, the Secretary of Defense should have 
        made available to Congress the guidance issued by the Director 
        of Cost Assessment and Performance Evaluation with respect to 
        the analysis of alternative capabilities and the results of 
        such analysis.
    (c) Limitation.--
            (1) Report.--Of the funds authorized to be appropriated by 
        this Act or otherwise made available for fiscal year 2011 for 
        research and development for the Navy, not more than 50 percent 
        may be obligated or expended to research or develop a submarine 
        as a replacement for the Ohio-class ballistic missile submarine 
        force unless--
                    (A) the Secretary of Defense submits to the 
                congressional defense committees a report including--
                            (i) guidance issued by the Director of Cost 
                        Assessment and Performance Evaluation with 
                        respect to the analysis of alternative 
                        capabilities to provide the sea-based strategic 
                        deterrence currently provided by the Ohio-class 
                        ballistic missile submarine force and any other 
                        guidance relating to requirements for such 
                        alternatives intended to affect the analysis;
                            (ii) an analysis of the alternative 
                        capabilities considered by the Secretary to 
                        continue the sea-based strategic deterrence 
                        currently provided by the Ohio-class ballistic 
                        missile submarine force, including--
                                    (I) the cost estimates for each 
                                alternative capability;
                                    (II) the operational challenges and 
                                benefits associated with each 
                                alternative capability; and
                                    (III) the time needed to develop 
                                and deploy each alternative capability; 
                                and
                            (iii) detailed reasoning associated with 
                        the decision to replace the capability of sea-
                        based deterrence provided by the Ohio-class 
                        ballistic missile submarine force with an 
                        alternative capability designed to carry the 
                        Trident II D5 missile; and
                    (B) a period of 30 days has elapsed after the date 
                on which the report under subparagraph (A) is 
                submitted.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.

SEC. 212. LIMITATION ON OBLIGATION OF FUNDS FOR F-35 LIGHTNING II 
              AIRCRAFT PROGRAM.

    Of the amounts authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2011 for research, 
development, test, and evaluation for the F-35 Lightning II aircraft 
program, not more than 75 percent may be obligated until the date that 
is 15 days after the date on which the Under Secretary of Defense for 
Acquisition, Technology, and Logistics submits to the congressional 
defense committees certification in writing that all funds made 
available for fiscal year 2011 for the continued development and 
procurement of a competitive propulsion system for the F-35 Lightning 
II aircraft have been obligated.

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.

    (a) Annual Budget.--Chapter 9 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 236. Budgeting for competitive propulsion system for F-35 
              Lightning II aircraft
    ``(a) Annual Budget.--Effective for the budget for fiscal year 2012 
and each fiscal year thereafter, the Secretary of Defense shall include 
in the defense budget materials a request for such amounts as are 
necessary for the full funding of the continued development and 
procurement of a competitive propulsion system for the F-35 Lightning 
II aircraft.
    ``(b) Future-years Defense Program.--In each future-years defense 
program submitted to Congress under section 221 of this title, the 
Secretary of Defense shall ensure that the estimated expenditures and 
proposed appropriations for the F-35 Lightning II aircraft, for each 
fiscal year of the period covered by that program, include sufficient 
amounts for the full funding of the continued development and 
procurement of a competitive propulsion system for the F-35 Lightning 
II aircraft.
    ``(c) Requirement to Obligate and Expend Funds.--Of the amounts 
authorized to be appropriated for fiscal year 2011 or any fiscal year 
thereafter, for research, development, test, and evaluation and 
procurement for the F-35 Lightning II aircraft program, the Secretary 
of Defense shall ensure the obligation and expenditure in each such 
fiscal year of sufficient annual amounts for the continued development 
and procurement of two options for the propulsion system for the F-35 
Lightning II aircraft in order to ensure the development and 
competitive production for the propulsion system for such aircraft.
    ``(d) Definitions.--In this section:
            ``(1) The term `budget', with respect to a fiscal year, 
        means the budget for that fiscal year that is submitted to 
        Congress by the President under section 1105(a) of title 31.
            ``(2) The term `defense budget materials', with respect to 
        a fiscal year, means the materials submitted to Congress by the 
        Secretary of Defense in support of the budget for that fiscal 
        year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by at the end the following new item:

``236. Budgeting for competitive propulsion system for F-35 Lightning 
                            II aircraft.''.
    (c) Conforming Repeal.--Section 213 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181) is 
repealed.

SEC. 214. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH AND 
              DEVELOPMENT OF JOINT LIGHT TACTICAL VEHICLE.

    In the budget materials submitted to the President by the Secretary 
of Defense in connection with the submission to Congress, pursuant to 
section 1105 of title 31, United States Code, of the budget for fiscal 
year 2012, and each subsequent fiscal year, the Secretary shall ensure 
that within each research, development, test, and evaluation account of 
the Army and the Navy a separate, dedicated program element is assigned 
to the Joint Light Tactical Vehicle.

                  Subtitle C--Missile Defense Programs

SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR MISSILE DEFENSES IN 
              EUROPE.

    (a) Limitation on Construction and Deployment of Systems.--No funds 
authorized to be appropriated by this Act or otherwise made available 
for the Department of Defense for fiscal year 2011 or any fiscal year 
thereafter may be obligated or expended for site activation, 
construction, preparation of equipment for, or deployment of a medium-
range or long-range missile defense system in Europe until--
            (1) any nation agreeing to host such system has signed and 
        ratified a missile defense basing agreement and a status of 
        forces agreement; and
            (2) a period of 45 days has elapsed following the date on 
        which the Secretary of Defense submits to the congressional 
        defense committees the report on the independent assessment of 
        alternative missile defense systems in Europe required by 
        section 235(c)(2) of the National Defense Authorization Act for 
        Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2235).
    (b) Limitation on Procurement or Deployment of Interceptors.--No 
funds authorized to be appropriated by this Act or otherwise made 
available for the Department of Defense for fiscal year 2011 or any 
fiscal year thereafter may be obligated or expended for the procurement 
(other than initial long-lead procurement) or deployment of operational 
missiles of a medium-range or long-range missile defense system in 
Europe until the Secretary of Defense, after receiving the views of the 
Director of Operational Test and Evaluation, submits to the 
congressional defense committees a report certifying that the proposed 
interceptor to be deployed as part of such missile defense system has 
demonstrated, through successful, operationally realistic flight 
testing, a high probability of working in an operationally effective 
manner and that such missile defense system has the ability to 
accomplish the mission.
    (c) Conforming Repeal.--Section 234 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat. 
2234) is repealed.

SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CONTRACTS BY MISSILE DEFENSE 
              AGENCY WITH FOREIGN ENTITIES.

    Section 222 of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1055; 10 U.S.C. 2431 
note) is repealed.

SEC. 223. PHASED, ADAPTIVE APPROACH TO MISSILE DEFENSE IN EUROPE.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the new phased, adaptive approach to missile defense in 
        Europe, announced by the President on September 17, 2009, 
        should be supported by sound analysis, program plans, 
        schedules, and technologies that are credible;
            (2) the cost, performance, and risk of such approach to 
        missile defense should be well understood; and
            (3) Congress should have access to information regarding 
        the analyses, plans, schedules, technologies, cost, 
        performance, and risk of such approach to missile defense in 
        order to conduct effective oversight.
    (b) Report Required.--
            (1) Report.--The Secretary of Defense shall submit to the 
        congressional defense committees a report on the phased, 
        adaptive approach to missile defense in Europe.
            (2) Matters included.--The report under paragraph (1) shall 
        include the following:
                    (A) A discussion of the analyses conducted by the 
                Secretary of Defense preceding the announcement of the 
                phased, adaptive Approach to missile defense in Europe 
                on September 17, 2009, including--
                            (i) a description of any alternatives 
                        considered;
                            (ii) the criteria used to analyze each such 
                        alternative; and
                            (iii) the result of each analysis, 
                        including a description of the criteria used to 
                        judge each alternative.
                    (B) A discussion of any independent assessments or 
                reviews of alternative approaches to missile defense in 
                Europe considered by the Secretary in support of the 
                announcement of the phased, adaptive approach to 
                missile defense in Europe on September 17, 2009.
                    (C) A description of the architecture for each of 
                the four phases of the phased, adaptive approach to 
                missile defense in Europe, including--
                            (i) the composition, basing locations, and 
                        quantities of ballistic missile defense assets, 
                        including ships, batteries, interceptors, 
                        radars and other sensors, and command and 
                        control nodes;
                            (ii) program schedules and site-specific 
                        schedules with task activities, test plans, and 
                        knowledge and decision points;
                            (iii) technology maturity levels of missile 
                        defense assets and plans for retiring technical 
                        risks;
                            (iv) planned performance of missile defense 
                        assets and defended area coverage, including 
                        sensitivity analysis to various basing 
                        scenarios and varying threat capabilities 
                        (including simple and complex threats, liquid 
                        and solid-fueled ballistic missiles, and 
                        varying raid sizes);
                            (v) operational concepts and how such 
                        operational concepts effect force structure and 
                        inventory requirements;
                            (vi) total cost estimates and funding 
                        profiles, by year, for acquisition, fielding, 
                        and operations and support; and
                            (vii) acquisition strategies.
            (3) GAO.--The Comptroller General of the United States 
        shall submit to the congressional defense committees a report 
        assessing the report under paragraph (1) pursuant to section 
        232(g) of the National Defense Authorization Act for Fiscal 
        Year 2002 (Public Law 107-107; 10 U.S.C. 2431 note).
    (c) Limitation on Funds.--Of the amounts authorized to be 
appropriated by section 301(5) for operation and maintenance, Defense-
wide, for the Office of the Secretary of Defense, not more than 95 
percent of such amounts may be obligated or expended until the date on 
which the report required under subsection (b)(1) is submitted to the 
congressional defense committees.

SEC. 224. HOMELAND DEFENSE HEDGING POLICY.

    (a) Findings.--Congress finds the following:
            (1) As noted by the Director of National Intelligence, 
        testifying before the Senate Select Committee on Intelligence 
        on February 2, 2010, ``the Iranian regime continues to flout UN 
        Security Council restrictions on its nuclear program. . .we 
        judge Iran would likely choose missile delivery as its 
        preferred method of delivering a nuclear weapon. Iran already 
        has the largest inventory of ballistic missiles in the Middle 
        East and it continues to expand the scale, reach, and 
        sophistication of its ballistic missile forces--many of which 
        are inherently capable of carrying a nuclear payload.''.
            (2) The Unclassified Report on Military Power of Iran, 
        dated April 2010, states that, ``with sufficient foreign 
        assistance, Iran could probably develop and test an 
        intercontinental ballistic missile (ICBM) capable of reaching 
        the United States by 2015. Iran could also have an 
        intermediate-range ballistic missile (IRBM) capable of 
        threatening Europe.''.
            (3) Under phase 3 of the phased, adaptive approach for 
        missile defense in Europe (scheduled for 2018), the United 
        States plans to deploy the standard missile-3 block IIA 
        interceptor at sea- and land-based sites in addition to 
        existing missile defense systems to provide coverage for all 
        NATO allies in Europe against medium- and intermediate-range 
        ballistic missiles.
            (4) Under phase 4 of the phased, adaptive approach for 
        missile defense in Europe (scheduled for 2020), the United 
        States plans to deploy the standard missile-3 block IIB 
        interceptor to provide additional coverage of the United States 
        against a potential intercontinental ballistic missile launched 
        from the Middle East in the 2020 time frame.
            (5) According to the February 2010 Ballistic Missile 
        Defense Review, the United States will continue the development 
        and assessment of a two-stage ground-based interceptor as part 
        of a hedging strategy and, as further noted by the Under 
        Secretary of Defense for Policy during testimony before the 
        Committee on Armed Services of the House of Representatives on 
        October 1, 2009, ``we keep the development of the two-stage 
        [ground-based interceptor] on the books as a hedge in case 
        things come earlier, in case there's any kind of technological 
        challenge with the later models of the [standard missile-3].''.
    (b) Policy.--It shall be the policy of the United States to--
            (1) field missile defense systems in Europe that--
                    (A) provide protection against medium- and 
                intermediate-range ballistic missile threats consistent 
                with NATO policy and the phased, adapted approach for 
                missile defense announced on September 17, 2009; and
                    (B) have been confirmed to perform the assigned 
                mission after successful, operationally realistic 
                testing;
            (2) field missile defenses to protect the territory of the 
        United States pursuant to the National Missile Defense Act of 
        1999 (Public Law 106-38; 10 U.S.C. 2431 note) and to test those 
        systems in an operationally realistic manner;
            (3) ensure that the standard missile-3 block IIA 
        interceptor planned for phase 3 of the phased, adaptive 
        approach for missile defense is capable of addressing 
        intermediate-range ballistic missiles launched from the Middle 
        East and the standard missile-3 block IIB interceptor planned 
        for phase 4 of such approach is capable of addressing 
        intercontinental ballistic missiles launched from the Middle 
        East; and
            (4) continue the development and testing of the two-stage 
        ground-based interceptor to maintain it--
                    (A) as a means of protection in the event that--
                            (i) the intermediate-range ballistic 
                        missile threat to NATO allies in Europe 
                        materializes before the availability of the 
                        standard missile-3 block IIA interceptor;
                            (ii) the intercontinental ballistic missile 
                        threat to the United States that cannot be 
                        countered with the existing ground-based 
                        missile defense system materializes before the 
                        availability of the standard missile-3 block 
                        IIB interceptor; or
                            (iii) technical challenges or schedule 
                        delays affect the standard missile-3 block IIA 
                        interceptor or the standard missile-3 block IIB 
                        interceptor; and
                    (B) as a complement to the missile defense 
                capabilities deployed in Alaska and California for the 
                defense of the United States.

SEC. 225. INDEPENDENT ASSESSMENT OF THE PLAN FOR DEFENSE OF THE 
              HOMELAND AGAINST THE THREAT OF BALLISTIC MISSILES.

    (a) Finding.--Congress finds that section 2 of the National Missile 
Defense Act of 1999 (Public Law 106-38; 10 U.S.C. 2431 note) states 
that it is the policy of the United States to deploy as soon as is 
technologically possible an effective National Missile Defense system 
capable of defending the territory of the United States against limited 
ballistic missile attack (whether accidental, unauthorized, or 
deliberate) with funding subject to the annual authorization of 
appropriations and the annual appropriation of funds for National 
Missile Defense.
    (b) Assessment.--The Secretary of Defense shall contract with an 
independent entity to conduct an assessment of the plans of the 
Secretary for defending the territory of the United States against the 
threat of attack by ballistic missiles, including electromagnetic pulse 
attacks, as such plans are described in the Ballistic Missile Defense 
Review submitted to Congress on February 1, 2010, and the report 
submitted to Congress under section 232 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2232).
    (c) Elements.--The assessment required by subsection (b) shall 
include an assessment of the following:
            (1) The ballistic missile threat, including electromagnetic 
        pulse attacks, against which the homeland defense elements are 
        intended to defend, including mobile or fixed threats that 
        might arise from non-state actors and accidental or 
        unauthorized launches.
            (2) The military requirements for defending the territory 
        of the United States against such missile threats.
            (3) The capabilities of the missile defense elements 
        available to defend the territory of the United States as of 
        the date of the assessment.
            (4) The planned capabilities of the homeland defense 
        elements, if different from the capabilities under paragraph 
        (3).
            (5) The force structure and inventory levels necessary to 
        achieve the planned capabilities of the elements described in 
        paragraphs (3) and (4).
            (6) The infrastructure necessary to achieve such 
        capabilities, including the number and location of operational 
        silos.
            (7) The number of interceptor missiles necessary for 
        operational assets, test assets (including developmental and 
        operational test assets and aging and surveillance test 
        assets), and spare missiles.
    (d) Report.--
            (1) In general.--At or about the same time the budget of 
        the President for fiscal year 2012 is submitted to Congress 
        pursuant to section 1105 of title 31, United States Code, the 
        Secretary shall submit to the congressional defense committees 
        a report setting forth the results of the assessment required 
        by subsection (b).
            (2) Form.--The report shall be in unclassified form, but 
        may include a classified annex.

SEC. 226. STUDY ON BALLISTIC MISSILE DEFENSE CAPABILITIES OF THE UNITED 
              STATES.

    (a) Study.--The Secretary of Defense, in coordination with the 
Chairman of the Joint Chiefs of Staff, shall conduct a joint 
capabilities mix study on the ballistic missile defense capabilities of 
the United States.
    (b) Elements.--The study under paragraph (1) shall include, at a 
minimum, the following:
            (1) An assessment of the missile defense capability, force 
        structure, and inventory sufficiency requirements of the 
        combatant commanders based on the threat assessments and 
        operational plans for each combatant command.
            (2) A discussion of the infrastructure necessary to achieve 
        the ballistic missile defense capabilities, force structure, 
        and inventory assessed under paragraph (1).
            (3) An analysis of mobile and fixed missile defense assets.
    (c) Report.--
            (1) In general.--At or about the same time the budget of 
        the President for fiscal year 2012 is submitted to Congress 
        pursuant to section 1105 of title 31, United States Code, the 
        Secretary shall submit to the congressional defense committees 
        a report setting forth the results of the study under 
        subsection (a).
            (2) Form.--The report shall be in unclassified form, but 
        may include a classified annex.

SEC. 227. REPORTS ON STANDARD MISSILE SYSTEM.

    (a) Reports.--Not later than 90 days after the date of the 
enactment of this Act, and each 180-day period thereafter, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the standard missile system, particularly with 
respect to standard missile-3 block IIA and standard missile-3 block 
IIB.
    (b) Matters Included.--The reports under subsection (a) shall 
include the following:
            (1) A detailed discussion of the modernization, 
        capabilities, and limitations of the standard missile.
            (2) A review of the standard missile's comparison 
        capability against all expected threats.
            (3) A report on the progress of complimentary systems, 
        including, at a minimum, radar systems, delivery systems, and 
        recapitalization of supporting software and hardware.
            (4) Any industrial capacities that must be maintained to 
        ensure adequate manufacturing of standard missile technology 
        and production ratio.

                          Subtitle D--Reports

SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND PROGRAM REQUIREMENTS 
              FOR THE GROUND COMBAT VEHICLE PROGRAM.

    (a) Report Required.--Not later than January 15, 2011, the 
Secretary of the Army shall provide to the congressional defense 
committees a report on the Ground Combat Vehicle program of the Army. 
Such report shall include--
            (1) the results of the analysis of alternatives conducted 
        prior to milestone A, including any technical data; and
            (2) an explanation of any plans to adjust the requirements 
        of the Ground Combat Vehicle program during the technology 
        development phase of such program.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (c) Limitation on Obligation of Funds.--Of the funds authorized to 
be appropriated by this or any other Act for fiscal year 2011 for 
research, development, test, and evaluation, Army, for development of 
the Ground Combat Vehicle, not more than 50 percent may be obligated or 
expended until the date that is 30 days after the date on which the 
report is submitted under subsection (a).

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

    (a) Cost Benefit Analysis Required.--
            (1) In general.--The Secretary of the Army shall conduct a 
        cost benefit analysis of future munitions to be fired from the 
        M1 Abrams series main battle tank to determine the proper 
        investment to be made in tank munitions, including beyond line 
        of sight technology.
            (2) Elements.--The cost benefit analysis under paragraph 
        (1) shall include--
                    (A) the predicted operational performance of future 
                tank-fired munitions, including those incorporating 
                beyond line of sight technology, based on the relevant 
                modeling and simulation of future combat scenarios of 
                the Army, including a detailed analysis on the 
                suitability of each munition to address the full 
                spectrum of targets across the entire range of the tank 
                (including close range, mid-range, long-range, and 
                beyond line of sight);
                    (B) a detailed assessment of the projected costs to 
                develop and field each tank-fired munition included in 
                the analysis, including those incorporating beyond line 
                of sight technology; and
                    (C) a comparative analysis of each tank-fired 
                munition included in the analysis, including 
                suitability to address known capability gaps and 
                overmatch against known and projected threats.
            (3) Munitions included.--In conducting the cost benefit 
        analysis under paragraph (1), the Secretary shall include, at a 
        minimum, the Mid-Range Munition, the Advanced Kinetic Energy 
        round, and the Advanced Multipurpose Program.
    (b) Report.--Not later than March 15, 2011, the Secretary shall 
submit to the congressional defense committees the cost benefit 
analysis under subsection (a).

SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON THE VH-(XX) PRESIDENTIAL 
              HELICOPTER ACQUISITION PROGRAM.

    (a) Annual GAO Review.--During the period beginning on the date of 
the enactment of this Act and ending on March 1, 2018, the Comptroller 
General of the United States shall conduct an annual review of the VH-
(XX) aircraft acquisition program.
    (b) Annual Reports.--
            (1) In general.--Not later than March 1 of each year 
        beginning in 2011 and ending in 2018, the Comptroller General 
        shall submit to the congressional defense committees a report 
        on the review of the VH-(XX) aircraft acquisition program 
        conducted under subsection (a).
            (2) Matters to be included.--Each report on the review of 
        the VH-(XX) aircraft acquisition program shall include the 
        following:
                    (A) The extent to which the program is meeting 
                development and procurement cost, schedule, 
                performance, and risk mitigation goals.
                    (B) With respect to meeting the desired initial 
                operational capability and full operational capability 
                dates for the VH-(XX) aircraft, the progress and 
                results of--
                            (i) developmental and operational testing 
                        of the aircraft; and
                            (ii) plans for correcting deficiencies in 
                        aircraft performance, operational 
                        effectiveness, reliability, suitability, and 
                        safety.
                    (C) An assessment of VH-(XX) aircraft procurement 
                plans, production results, and efforts to improve 
                manufacturing efficiency and supplier performance.
                    (D) An assessment of the acquisition strategy of 
                the VH-(XX) aircraft, including whether such strategy 
                is in compliance with acquisition management best-
                practices and the acquisition policy and regulations of 
                the Department of Defense.
                    (E) A risk assessment of the integrated master 
                schedule and the test and evaluation master plan of the 
                VH-(XX) aircraft as it relates to--
                            (i) the probability of success;
                            (ii) the funding required for such aircraft 
                        compared with the funding programmed; and
                            (iii) development and production 
                        concurrency.
            (3) Additional information.--In submitting to the 
        congressional defense committees the first report under 
        paragraph (1) and a report following any changes made by the 
        Secretary of the Navy to the baseline documentation of the VH-
        (XX) aircraft acquisition program, the Comptroller General 
        shall include, with respect to such program, an assessment of 
        the sufficiency and objectivity of--
                    (A) the analysis of alternatives;
                    (B) the initial capabilities document;
                    (C) the capabilities development document; and
                    (D) the systems requirement document.

SEC. 234. JOINT ASSESSMENT OF THE JOINT EFFECTS TARGETING SYSTEM.

    (a) Review.--Not later than March 1, 2011, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall form a joint 
assessment team to review the joint effects targeting system.
    (b) Report.--Not later than 30 days after the date on which the 
review under subsection (a) is completed, the Under Secretary shall 
submit to the congressional defense committees a report on the review.

                       Subtitle E--Other Matters

SEC. 241. ESCALATION OF FORCE CAPABILITIES.

    (a) Non-lethal Demonstration Program.--The Secretary of Defense, 
acting through the Director of Operational Test and Evaluation and in 
consultation with the Executive Agent for Non-lethal Weapons, shall 
carry out a program to operationally test and evaluate non-lethal 
weapons that provide counter-personnel escalation of force options to 
members of the Armed Forces deploying in support of a contingency 
operation.
    (b) Technology Tested.--Technologies evaluated under subsection (a) 
shall include crowd control, area denial, space clearing, and personnel 
incapacitation tools.
    (c) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report that--
            (1) evaluates operational and situational suitability for 
        each non-lethal weapon tested;
            (2) defines the tactics, techniques, and procedures 
        approved for deployment of each non-lethal weapon by service;
            (3) identifies deployment schemes for each type of non-
        lethal weapon by service; and
            (4) details, by service, the number of units receiving pre-
        deployment training on each non-lethal weapon and the total 
        number of units trained.
    (d) Procurement Line Item.--In the budget materials submitted to 
the President by the Secretary of Defense in connection with submission 
to Congress, pursuant to section 1105 of title 31, United States Code, 
of the budget for fiscal year 2012, and each subsequent fiscal year, 
the Secretary shall ensure that within each military department 
procurement account, a separate, dedicated procurement line item is 
designated for non-lethal weapons.

SEC. 242. PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION FEATURES 
              DURING RESEARCH AND DEVELOPMENT OF DEFENSE SYSTEMS.

    (a) Pilot Program.--The Secretary of Defense shall carry out a 
pilot program to develop and incorporate technology protection features 
in a designated system during the research and development phase of 
such system.
    (b) Funding.--Of the amounts authorized to be appropriated by this 
Act for research, development, test, and evaluation, Defense-wide, not 
more than $5,000,000 may be available to carry out this section.
    (c) Annual Reports.--Not later than December 31 of each year in 
which the Secretary carries out the pilot program, the Secretary shall 
submit to the congressional defense committees a report on the pilot 
program established under this section, including a list of each 
designated system included in the program.
    (d) Termination.--The pilot program established under this section 
shall terminate on October 1, 2015.
    (e) Definitions.--In this section:
            (1) The term ``designated system'' means any system 
        (including a major system, as defined in section 2302(5) of 
        title 10, United States Code) that the Under Secretary of 
        Defense for Acquisition, Technology, and Logistics designates 
        as being included in the pilot program established under this 
        section.
            (2) The term ``technology protection features'' means the 
        technical modifications necessary to protect critical program 
        information, including anti-tamper technologies and other 
        systems engineering activities intended to prevent or delay 
        exploitation of critical technologies in a designated system.

SEC. 243. PILOT PROGRAM ON COLLABORATIVE ENERGY SECURITY.

    (a) Pilot Program.--The Secretary of Defense, in coordination with 
the Secretary of Energy, shall carry out a collaborative energy 
security pilot program involving one or more partnerships between one 
military installation and one national laboratory, for the purpose of 
evaluating and validating secure, salable microgrid components and 
systems for deployment.
    (b) Selection of Military Installation and National Laboratory.--
The Secretary of Defense and the Secretary of Energy shall jointly 
select a military installation and a national laboratory for the 
purpose of carrying out the pilot program under this section. In making 
such selections, the Secretaries shall consider each of the following:
            (1) A commitment to participate made by a military 
        installation being considered for selection.
            (2) The findings and recommendations of relevant energy 
        security assessments of military installations being considered 
        for selection.
            (3) The availability of renewable energy sources at a 
        military installation being considered for selection.
            (4) Potential synergies between the expertise and 
        capabilities of a national laboratory being considered for 
        selection and the infrastructure, interests, or other energy 
        security needs of a military installation being considered for 
        selection.
            (5) The effects of any utility tariffs, surcharges, or 
        other considerations on the feasibility of enabling any excess 
        electricity generated on a military installation being 
        considered for selection to be sold or otherwise made available 
        to the local community near the installation.
    (c) Program Elements.--The pilot program shall be carried out as 
follows:
            (1) Under the pilot program, the Secretaries shall evaluate 
        and validate the performance of new energy technologies that 
        may be incorporated into operating environments.
            (2) The pilot program shall involve collaboration with the 
        Office of Electricity Delivery and Energy Reliability of the 
        Department of Energy and other offices and agencies within the 
        Department of Energy, as appropriate, and the Environmental 
        Security Technical Certification Program of the Department of 
        Defense.
            (3) Under the pilot program, the Secretary of Defense shall 
        investigate opportunities for any excess electricity created 
        for the military installation to be sold or otherwise made 
        available to the local community near the installation.
            (4) The Secretary of Defense shall use the results of the 
        pilot program as the basis for informing key performance 
        parameters and validating energy components and designs that 
        could be implemented in various military installations across 
        the country and at forward operating bases.
            (5) The pilot program shall support the effort of the 
        Secretary of Defense to use the military as a test bed to 
        demonstrate innovative energy technologies.
    (d) Implementation and Duration.--The Secretary of Defense shall 
begin the pilot program under this section by not later than July 1, 
2011. Such pilot program shall be not less than 3 years in duration.
    (e) Reports.--
            (1) Initial report.--Not later than October 1, 2011, the 
        Secretary of Defense shall submit to the appropriate 
        congressional committees an initial report that provides an 
        update on the implementation of the pilot program under this 
        section, including an identification of the selected military 
        installation and national laboratory partner and a description 
        of technologies under evaluation.
            (2) Final report.--Not later than 90 days after completion 
        of the pilot program under this section, the Secretary shall 
        submit to the appropriate congressional committees a report on 
        the pilot program, including any findings and recommendations 
        of the Secretary.
    (f) Funding.--
            (1) Department of defense.--Of the funds authorized to be 
        appropriated by section 201 for fiscal year 2011 for research, 
        development, test, and evaluation, Defense-wide, $5,000,000 is 
        available to carry out this section.
            (2) Department of energy.--Upon determination by the 
        Secretary of Energy that the program under this section is 
        relevant and consistent with the mission of the Department of 
        Energy to lead the modernization of the electric grid, enhance 
        the security and reliability of the energy infrastructure, and 
        facilitate recovery from disruptions to energy supply, the 
        Secretary may transfer funds made available for the Office of 
        Electricity Delivery and Energy Reliability of the Department 
        of Energy in order to carry out this section.
    (g) Definitions.--For purposes of this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Energy and Commerce, and the Committee on Science 
                and Technology of the House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Energy and Natural Resources, and the Committee on 
                Commerce, Science, and Transportation of the Senate.
            (2) The term ``microgrid'' means an integrated energy 
        system consisting of interconnected loads and distributed 
        energy resources (including generators, energy storage devices, 
        and smart controls) that can operate with the utility grid or 
        in an intentional islanding mode.
            (3) The term ``national laboratory'' means--
                    (A) a national laboratory (as defined in section 2 
                of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
                    (B) a national security laboratory (as defined in 
                section 3281 of the National Nuclear Security 
                Administration Act (50 U.S.C. 2471)).

SEC. 244. REPORT ON REGIONAL ADVANCED TECHNOLOGY CLUSTERS.

    (a) Report.--Not later than March 1, 2011, the Secretary of Defense 
shall submit to the appropriate congressional committees a report on 
regional advanced technology clusters.
    (b) Matters Included.--The report under subsection (a) shall 
include the following:
            (1) An analysis of regional advanced technology clusters 
        throughout the United States, including--
                    (A) an estimate of the amount of public and private 
                funding activities within each cluster;
                    (B) an assessment of the technical competencies of 
                each of these regional advanced technology clusters;
                    (C) a comparison of the technical competencies of 
                each regional advanced technology clusters with the 
                technology needs of the Department of Defense; and
                    (D) a review of current Department of Defense 
                interaction, cooperation, or investment in regional 
                advanced technology clusters.
            (2) A strategic plan for encouraging the development of 
        innovative, advanced technologies, such as robotics and 
        autonomous systems, to address national security, homeland 
        security, and first responder challenges by--
                    (A) enhancing regional advanced technology clusters 
                that support the technology needs of the Department of 
                Defense; and
                    (B) identifying and assisting the expansion of 
                additional new regional advanced technology clusters to 
                foster research and development into emerging, 
                disruptive technologies identified through strategic 
                planning documents of the Department of Defense.
            (3) An identification of the resources needed to establish, 
        sustain, or grow regional advanced technology clusters.
            (4) An identification of mechanisms for collaborating and 
        cost sharing with other state, local, and Federal agencies with 
        respect to regional advanced technology clusters, including any 
        legal impediments that may inhibit collaboration or cost 
        sharing.
    (c) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' means 
        the following:
                    (A) The Committees on Armed Services, 
                Appropriations, and Small Business of the House of 
                Representatives.
                    (B) The Committees on Armed Services, 
                Appropriations, and Small Business and Entrepreneurship 
                of the Senate.
            (2) The term ``regional advanced technology cluster'' means 
        geographic centers focused on building science and technology-
        based innovation capacity in areas of local and regional 
        strength to foster economic growth and improve quality of life.

SEC. 245. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF DEPARTMENT OF 
              DEFENSE PARTICIPATION IN DEVELOPMENT OF NEXT GENERATION 
              SEMICONDUCTOR TECHNOLOGIES.

    (a) Findings.--Congress makes the following findings:
            (1) The next generation of weapons systems, battlefield 
        sensors, and intelligence platforms will need to be lighter, 
        more agile, consume less power, and have greater computational 
        power, which can only be achieved by decreasing the feature 
        size of integrated circuits to the nanometer scale.
            (2) There is a growing concern in the Department of Defense 
        and the United States intelligence community over the offshore 
        shift in development and production of high capacity 
        semiconductors. Reliance on providers of semiconductors in the 
        United States high tech industry will mitigate the security 
        risks of such an offshore shift.
            (3) The use of extreme-ultraviolet lithography (EUVL) is 
        recognized in the semiconductor industry as critical to the 
        development of the next generation of integrated circuits.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should establish research and 
        development facilities to take the lead in producing the next 
        generation of integrated circuits;
            (2) the Department of Defense should support the 
        establishment of a public-private partnership of defense 
        laboratory scientists and engineers, university researchers, 
        integrated circuit designers and fabricators, tool 
        manufacturers, material and chemical suppliers, and metrology 
        and inspection tool fabricators to develop extreme-ultraviolet 
        lithography (EUVL) technologies on 300 micrometer and 450 
        micrometer wafers; and
            (3) the targeted feature size of integrated circuits for 
        EUVL development in the United States should be the 15 
        nanometer node.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance, in amounts as follows:
            (1) For the Army, $34,232,221,000.
            (2) For the Navy, $37,976,443,000.
            (3) For the Marine Corps, $5,568,340,000.
            (4) For the Air Force, $36,684,588,000.
            (5) For Defense-wide activities, $30,200,596,000.
            (6) For the Army Reserve, $2,942,077,000.
            (7) For the Naval Reserve, $1,374,764,000.
            (8) For the Marine Corps Reserve, $287,234,000.
            (9) For the Air Force Reserve, $3,311,827,000.
            (10) For the Army National Guard, $6,628,525,000.
            (11) For the Air National Guard, $5,980,139,000.
            (12) For the United States Court of Appeals for the Armed 
        Forces, $14,068,000.
            (13) For the Acquisition Development Workforce Fund, 
        $229,561,000.
            (14) For Environmental Restoration, Army, $444,581,000.
            (15) For Environmental Restoration, Navy, $304,867,000.
            (16) For Environmental Restoration, Air Force, 
        $502,653,000.
            (17) For Environmental Restoration, Defense-wide, 
        $10,744,000.
            (18) For Environmental Restoration, Formerly Used Defense 
        Sites, $296,546,000.
            (19) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $108,032,000.
            (20) For Cooperative Threat Reduction programs, 
        $522,512,000.

            Subtitle B--Energy and Environmental Provisions

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN 
              COSTS IN CONNECTION WITH THE TWIN CITIES ARMY AMMUNITION 
              PLANT, MINNESOTA.

    (a) Authority to Reimburse.--
            (1) Transfer amount.--Using funds described in subsection 
        (b) and notwithstanding section 2215 of title 10, United States 
        Code, the Secretary of Defense may transfer to the Hazardous 
        Substance Superfund not more than $5,611,670.67 for fiscal year 
        2011.
            (2) Purpose of reimbursement.--A payment made under 
        paragraph (1) is to reimburse the Environmental Protection 
        Agency for all costs the Agency has incurred through fiscal 
        year 2011 relating to the response actions performed by the 
        Department of Defense under the Defense Environmental 
        Restoration Program at the Twin Cities Army Ammunition Plant, 
        Minnesota.
            (3) Interagency agreement.--The reimbursement described in 
        paragraph (2) is provided for in an interagency agreement 
        entered into by the Department of the Army and the 
        Environmental Protection Agency for the Twin Cities Army 
        Ammunition Plant that took effect in December 1987.
    (b) Source of Funds.--A payment under subsection (a) shall be made 
using funds authorized to be appropriated for fiscal year 2011 to the 
Department of Defense for operation and maintenance for Environmental 
Restoration, Army.
    (c) Use of Funds.--The Environmental Protection Agency shall use 
the amounts transferred under subsection (a) to pay costs incurred by 
the Agency at the Twin Cities Army Ammunition Plant.

SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED 
              PENALTIES IN CONNECTION WITH NAVAL AIR STATION, 
              BRUNSWICK, MAINE.

    (a) Authority to Transfer Funds.--From amounts authorized to be 
appropriated for fiscal year 2011 for the Department of Defense Base 
Closure Account 2005, and notwithstanding section 2215 of title 10, 
United States Code, the Secretary of Defense may transfer an amount of 
not more than $153,000 to the Hazardous Substance Superfund established 
under subchapter A of chapter 98 of the Internal Revenue Code of 1986.
    (b) Purpose of Transfer.--The purpose of a transfer made under 
subsection (a) is to satisfy a stipulated penalty assessed by the 
Environmental Protection Agency on June 12, 2008, against Naval Air 
Station, Brunswick, Maine, for the failure of the Navy to sample 
certain monitoring wells in a timely manner pursuant to a schedule 
included in the Federal facility agreement for Naval Air Station, 
Brunswick, which was entered into by the Secretary of the Navy and the 
Administrator of the Environmental Protection Agency on October 19, 
1990.
    (c) Acceptance of Payment.--If the Secretary of Defense makes a 
transfer authorized under subsection (a), the Administrator of the 
Environmental Protection Agency shall accept the amount transferred as 
payment in full of the penalty referred to in subsection (b).

SEC. 313. TESTING AND CERTIFICATION PLAN FOR OPERATIONAL USE OF AN 
              AVIATION BIOFUEL DERIVED FROM MATERIALS THAT DO NOT 
              COMPETE WITH FOOD STOCKS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress a testing and 
certification plan for the operational use of a biofuel that--
            (1) is derived from materials that do not compete with food 
        stocks; and
            (2) is suitable for use for military purposes as an 
        aviation fuel or in an aviation-fuel blend.

SEC. 314. REPORT IDENTIFYING HYBRID OR ELECTRIC PROPULSION SYSTEMS AND 
              OTHER FUEL-SAVING TECHNOLOGIES FOR INCORPORATION INTO 
              TACTICAL MOTOR VEHICLES.

    (a) Identification of Usable Alternative Technology.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of each military department shall submit to Congress a report 
identifying hybrid or electric propulsion systems and other vehicle 
technologies that reduce consumption of fossil fuels and are suitable 
for incorporation into the current fleet of tactical motor vehicles of 
each Armed Force under the jurisdiction of the Secretary. In 
identifying suitable alternative technologies, the Secretary shall 
consider the feasibility and cost of incorporating the technology, the 
design changes and amount of time required for incorporation, and the 
overall impact of incorporation on vehicle performance.
    (b) Hybrid Defined.--In this section, the term ``hybrid'' refers to 
a propulsion system, including the engine and drive train, that draws 
energy from onboard sources of stored energy that involve--
            (1) an internal combustion or heat engine using combustible 
        fuel; and
            (2) a rechargeable energy storage system.

SEC. 315. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

    Section 526 of the Energy Independence and Security Act of 2007 
(Public Law 110-140; 42 U.S.C. 17142) is amended--
            (1) by striking ``No Federal agency'' and inserting ``(a) 
        Requirement.--Except as provided in subsection (b), no Federal 
        agency''; and
            (2) by adding at the end the following:
    ``(b) Exception.--Subsection (a) does not prohibit a Federal agency 
from entering into a contract to purchase a generally available fuel 
that is not an alternative or synthetic fuel or predominantly produced 
from a nonconventional petroleum source, if--
            ``(1) the contract does not specifically require the 
        contractor to provide an alternative or synthetic fuel or fuel 
        from a nonconventional petroleum source;
            ``(2) the purpose of the contract is not to obtain an 
        alternative or synthetic fuel or fuel from a nonconventional 
        petroleum source; and
            ``(3) the contract does not provide incentives for a 
        refinery upgrade or expansion to allow a refinery to use or 
        increase its use of fuel from a nonconventional petroleum 
        source.''.

SEC. 316. INFORMATION SHARING RELATING TO INVESTIGATION OF EXPOSURE TO 
              DRINKING WATER CONTAMINATION AT CAMP LEJEUNE, NORTH 
              CAROLINA.

    By not later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall provide the Agency for Toxic 
Substances and Disease Registry with an electronic inventory of all 
existing documents, records, and electronic data pertaining to the 
CERCLA listed and RCRA listed contamination sites at Camp Lejeune and 
all existing documents, records, and electronic data pertaining to the 
contaminated drinking water at Camp Lejeune. If after the date of 
enactment of this Act, the Secretary of Defense generates new 
documents, records and electronic data, or comes into possession of 
existing documents, records or electronic data not previously included 
in the electronic inventory, the Secretary of the Navy shall provide 
the Agency for Toxic Substances and Disease Registry with an updated 
electronic inventory incorporating the newly located or generated 
documents, records and electronic data. The Secretary of the Navy shall 
ensure that Department of Defense personnel with appropriate experience 
and expertise, including in the area of environmental engineering and 
the conduct of water modeling, working in conjunction with the Agency 
for Toxic Substances and Disease Registry, are utilized to identify, 
compile, and submit existing and new documents, records, and electronic 
data in Navy and Marine Corps records and electronic libraries that 
would assist the Agency for Toxic Substances and Disease Registry in 
gathering data relating to the contamination and remediation of Camp 
Lejeune base-wide drinking-water systems.

                 Subtitle C--Workplace and Depot Issues

SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR SERVICE CONTRACT 
              INVENTORY.

    Section 2330a(c)(1) of title 10, United States Code, is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        after the first sentence the following new sentence: ``The 
        guidance for compiling the inventory shall be issued by the 
        Under Secretary of Defense for Personnel and Readiness, as 
        supported by the Under Secretary of Defense (Comptroller) and 
        the Under Secretary of Defense for Acquisition, Technology, and 
        Logistics.''; and
            (2) by striking subparagraph (E) and inserting the 
        following new subparagraph (E):
            ``(E) The number and work location of contractor employees, 
        expressed as full-time equivalents for direct labor, using 
        direct labor hours and associated cost data collected from 
        contractors.''.

SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED 
              UNDER PRIME VENDOR CONTRACTS FOR DEPOT-LEVEL MAINTENANCE 
              AND REPAIR.

    Section 346 of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1979; 10 U.S.C. 
2464 note) is repealed.

SEC. 323. PILOT PROGRAM ON BEST VALUE FOR CONTRACTS FOR PRIVATE 
              SECURITY FUNCTIONS.

    (a) Pilot Program Authorized.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
establish a pilot program under which the Secretary shall implement a 
best value procurement standard in entering into contracts for the 
provision of private security functions in Afghanistan and Iraq. In 
entering into a covered contract under the pilot program, in addition 
to taking into consideration the cost of the contract, the Secretary 
shall take into consideration each of the following:
            (1) Past performance.
            (2) Quality.
            (3) Delivery.
            (4) Management expertise.
            (5) Technical approach.
            (6) Experience of key personnel.
            (7) Management structure.
            (8) Risk.
            (9) Such other matters as the Secretary determines are 
        appropriate.
    (b) Justification.--A covered contract under the pilot program may 
not be awarded unless the contracting officer for the contract 
justifies in writing the reason for the award of the contract.
    (c) Annual Report.--Not later than January 15 of each year the 
pilot program under this section is carried out, the Secretary of 
Defense shall submit to the congressional defense committees an 
unclassified report containing each of the following:
            (1) A list of any covered contract awarded for private 
        security functions in Afghanistan and Iraq under the pilot 
        program.
            (2) A description of the matters that the Secretary of 
        Defense took into consideration, in addition to cost, in 
        awarding each such contract.
            (3) Any additional information or recommendations the 
        Secretary considers appropriate to include with respect to the 
        pilot program, the contracts awarded under the pilot program, 
        or the considerations for evaluating such contracts.
    (d) Termination of Program.--The authority of the Secretary of 
Defense to carry out a pilot program under this section terminates on 
September 30, 2013. The termination of the authority shall not affect 
the validity of contracts that are awarded or modified during the 
period of the pilot program, without regard to whether the contracts 
are performed during the period.
    (e) Discretionary Implementation After September 30, 2013.--After 
September 30, 2013, implementation of a best value procurement standard 
in entering into contracts for the provision of private security 
functions in Afghanistan and Iraq shall be at the discretion of the 
Secretary of Defense.
    (f) Definitions.--In this section:
            (1) The term ``best value'' means providing the best 
        overall benefit to the Government in accordance with the 
        tradeoff process described in section 15.101-1 of title 48 of 
        the Code of Federal Regulations.
            (2) The term ``covered contract'' means--
                    (A) a contract of the Department of Defense for the 
                performance of services; or
                    (B) a task order or delivery order issued under 
                such a contract.
            (3) The term ``private security functions'' means guarding, 
        by a contractor under a covered contract, of personnel, 
        facilities, or property of a Federal agency, the contractor, a 
        subcontractor of a contractor, or a third party.

SEC. 324. STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY CONTRACTORS.

    (a) Third-party Certification Policy Guidance.--Not later than 270 
days after the date of the enactment of this Act, the Secretary of 
Defense shall issue policy guidance requiring, as a condition for award 
of a covered contract for the provision of private security functions, 
that each contractor receive certification from a third party that the 
contractor adheres to specified operational and business practice 
standards. The guidance shall--
            (1) establish criteria for defining standard practices for 
        the performance of private security functions, which shall 
        reflect input from industry representatives as well as the 
        Inspector General of the Department of Defense;
            (2) establish criteria for weapons training programs for 
        contractors performing private security functions, including 
        minimum requirements for weapons training programs of 
        instruction and minimum qualifications for instructors for such 
        programs; and
            (3) identify organizations that can carry out the 
        certifications.
    (b) Regulations Required.--Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall revise the 
Department of Defense supplement to the Federal Acquisition Regulation 
to carry out the requirements of this section and the guidance issued 
under this section.
    (c) Definitions.--In this section:
            (1) The term ``covered contract'' means--
                    (A) a contract of the Department of Defense for the 
                performance of services;
                    (B) a subcontract at any tier under such contract;
                    (C) a task order or delivery order issued under 
                such a contract or subcontract.
            (2) The term ``contractor'' means, with respect to a 
        covered contract, the contractor or subcontractor carrying out 
        the covered contract.
            (3) The term ``private security functions'' means 
        activities engaged in by a contractor under a covered contract 
        as follows:
                    (A) Guarding of personnel, facilities, or property 
                of a Federal agency, the contractor or subcontractor, 
                or a third party.
                    (B) Any other activity for which personnel are 
                required to carry weapons in the performance of their 
                duties.
    (d)  Exception.--The requirements of this section shall not apply 
to contracts entered into by elements of the intelligence community in 
support of intelligence activities.

SEC. 325. PROHIBITION ON ESTABLISHING GOALS OR QUOTAS FOR CONVERSION OF 
              FUNCTIONS TO PERFORMANCE BY DEPARTMENT OF DEFENSE 
              CIVILIAN EMPLOYEES.

    (a) Prohibition.--The Secretary of Defense may not establish, 
apply, or enforce any numerical goal, target, or quota for the 
conversion of Department of Defense function to performance by 
Department of Defense civilian employees, unless such goal, target, or 
quota is based on considered research and analysis, as required by 
section 235, 2330a, or 2463 of title 10, United States Code.
    (b) Decisions to Insource.--In deciding which functions should be 
converted to performance by Department of Defense civilian employees 
pursuant to section 2463 of title 10, United States Code, the Secretary 
of Defense shall use the costing methodology outlined in the Directive-
Type Memorandum 09-007 (Estimating and Comparing the Full Costs of 
Civilian and Military Manpower and Contractor Support) or any successor 
guidance for the determination of costs when costs are the sole basis 
for the decision. The Secretary of a military department may issue 
supplemental guidance to assist in such decisions affecting functions 
of that military department.
    (c) Reports.--
            (1) Report to congress.--Not later than December 31, 2010, 
        the Secretary of Defense shall submit to the congressional 
        defense committees a report on the decisions with respect to 
        the conversion of functions to performance by Department of 
        Defense civilian employees made during fiscal year 2010. Such 
        report shall identify, for each such decision--
                    (A) the agency or service of the Department 
                involved in the decision;
                    (B) the basis and rationale for the decision; and
                    (C) the number of contractor employees whose 
                functions were converted to performance by Department 
                of Defense civilian employees.
            (2) Comptroller general review.--Not later than 120 days 
        after the submittal of the report under paragraph (1), the 
        Comptroller General of the United States shall submit to the 
        congressional defense committees an assessment of the report.

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.

    Section 2463 of title 10, United States Code, is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (f):
    ``(f) Treatment of Contributions to Health and Retirement Plans.--
For purposes of conducting a cost comparison to determine whether to 
convert a function from contractor performance to performance by 
Department of Defense civilian employee, the costs of employer 
contributions made by the Department of Defense or by a contractor 
towards employer-sponsored health benefits and retirement benefits 
plans shall not be considered unless, in the case of such contributions 
made by a contractor, the contractor does not receive an advantage for 
reducing costs for the Department of Defense by--
            ``(1) not making an employer-sponsored health insurance 
        plan available to the contractor employees who perform the 
        function under the contract;
            ``(2) offering to such employees an employer-sponsored 
        health benefits plan that requires the employer to contribute 
        less towards the premium or subscription share than the amount 
        that is paid by the Federal Government for health benefits for 
        civilian employees under chapter 89 of title 5, United States 
        Code; or
            ``(3) offering to such employees a retirement benefit that, 
        in any year, costs less than the annual retirement cost factor 
        applicable to Federal employees under chapter 84 of title 5, 
        United States Code.''.

                          Subtitle D--Reports

SEC. 331. REVISION TO REPORTING REQUIREMENT RELATING TO OPERATION AND 
              FINANCIAL SUPPORT FOR MILITARY MUSEUMS.

    (a) Change in Frequency of Report.--Subsection (a) of section 489 
of title 10, United States Code, is amended by striking ``As part of'' 
and all that follows through ``fiscal year--'' and inserting the 
following: ``As part of the budget materials submitted to Congress for 
every odd-numbered fiscal year, in connection with the submission of 
the budget for that fiscal year pursuant to section 1105 of title 31, 
the Secretary of Defense shall submit to Congress a report on military 
museums. In each such report, the Secretary shall identify all military 
museums that, during the most recently completed two fiscal-year 
period--''
    (b) Repeal of Required Report Element.--Subsection (b) of such 
section is amended--
            (1) by striking paragraph (5); and
            (2) by redesignating paragraph (6) as paragraph (5).
    (c) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 489. Department of Defense operation and financial support for 
              military museums: biennial report''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 23 of such title is amended by striking 
        the item relating to section 489 and inserting the following 
        new item:

``489. Department of Defense operation and financial support for 
                            military museums: biennial report.''.

SEC. 332. ADDITIONAL REPORTING REQUIREMENTS RELATING TO CORROSION 
              PREVENTION PROJECTS AND ACTIVITIES.

    Section 2228(e) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``The'' and 
                inserting ``For the fiscal year covered by the report 
                and the preceding fiscal year, the''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(E) For the fiscal year covered by the report and the 
        preceding fiscal year, the amount of funds requested in the 
        budget for each project or activity described in subparagraph 
        (E) compared to the funding requirements for the project or 
        activity.'';
            (2) in paragraph (2)(B), by inserting before the period at 
        the end the following: ``, including the annex to the report 
        described in paragraph (3)''; and
            (3) by adding at the end the following new paragraph:
    ``(3) Each report under this section shall include, in an annex to 
the report, a copy of the annual corrosion report most recently 
submitted by the corrosion control and prevention executive of each 
military department under section 903(b)(5) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 
110-417; 122 Stat. 4567; 10 U.S.C. 2228 note).''.

SEC. 333. MODIFICATION AND REPEAL OF CERTAIN REPORTING REQUIREMENTS.

    (a) Modification of Report on Army Progress.--Section 323 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2146; 10 U.S.C. 229 note) is amended--
            (1) by striking subsection (c) and redesignating 
        subsections (d) and (e) as subsections (c) and (d), 
        respectively; and
            (2) in subsection (d), as so redesignated, by striking ``or 
        (d)''.
    (b) Repeal of Report on Disposition of Reserve Equipment.--Title 
III of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364) is amended by striking section 349.
    (c) Repeal of Report on Readiness of Ground Forces.--Title III of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181) is amended by striking section 355.

SEC. 334. REPORT ON AIR SOVEREIGNTY ALERT MISSION.

    (a) Report Required.--Not later than March 1, 2011, the Commander 
of the United States Northern Command and the North American Aerospace 
Defense Command (hereinafter in this section referred to as 
``NORTHCOM'') shall submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Service of the House of 
Representatives a report on the Air Sovereignty Alert (hereinafter in 
this section referred to as ``ASA'') Mission and Operation Noble Eagle 
(hereinafter in this section referred to as ``ONE'').
    (b) Consultation.--NORTHCOM shall consult with the Director of the 
National Guard Bureau who shall be authorized to review and provide 
independent analysis and comments on the report required under 
subsection (a).
    (c) Contents of Report.--The report required under subsection (a) 
shall include each of the following:
            (1) An evaluation of the current ASA mission and ONE.
            (2) An evaluation of each of the following:
                    (A) The current ability to perform the mission with 
                regards to training, equipment, funding, and military 
                construction.
                    (B) Any current deficiencies in the mission.
                    (C) Any changes in threats which would allow for 
                any change in number of ASA sites or force structure 
                required to support the ASA mission.
                    (D) Future ability to perform the ASA mission with 
                current and programmed equipment.
                    (E) Coverage of units with respect to--
                            (i) population centers covered;
                            (ii) targets of value covered, including 
                        symbolic (national monuments, sports venue, and 
                        centers of commerce), critical infrastructure 
                        (nuclear plants, dams, bridges, and 
                        telecommunication nodes) and national security 
                        (military bases and organs of government); and
                            (iii) an unclassified, notional area of 
                        responsibility conforming to the unclassified 
                        response time of unit represented graphically 
                        on a map and detailing total population covered 
                        and number of targets described in clause (ii).
            (3) Status of implementation of the recommendations made in 
        the Government Accountability Office Report entitled ``Actions 
        Needed to Improve Management of Air Sovereignty Alert 
        Operations to Protect U.S. Airspace'' (GAO-09-184).
    (d) Means of Delivery of Report.--The report required by subsection 
(a) shall be unclassified, and NORTHCOM shall brief the Committees on 
Armed Services of the Senate and House of Representatives at the 
appropriate classification level.

SEC. 335. REPORT ON THE SEAD/DEAD MISSION REQUIREMENT FOR THE AIR 
              FORCE.

    (a) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit to 
the Committee on Armed Services of the Senate and the Committee on 
Armed Service of the House of Representatives a report describing the 
feasibility and desirability of designating the Suppression of Enemy 
Air Defenses/Destruction of Enemy Air Defenses (hereinafter in this 
section referred to as ``SEAD/DEAD'') mission as a responsibility of 
the Air National Guard.
    (b) Contents of Report.--The report required under subsection (a) 
shall include each of the following:
            (1) An evaluation of the SEAD/DEAD mission, as in effect on 
        the date of the enactment of this Act.
            (2) An evaluation of the following with respect to the 
        SEAD/DEAD mission:
                    (A) The current ability of the Air National Guard 
                to perform the mission with regards to training, 
                equipment, funding, and military construction.
                    (B) Any current deficiencies of the Air National 
                Guard to perform the mission.
                    (C) The corrective actions and costs required to 
                address any deficiencies described in subparagraph (B).
                    (D) The need for SEAD/DEAD ranges to be constructed 
                on existing ranges operated, controlled, or used by Air 
                National Guard units based on geographic considerations 
                of proximity and utility.
    (c) Consultation.--The Secretary of the Air Force shall consult 
with the Director of the National Guard Bureau who shall be authorized 
to review and provide independent analysis and comments on the report 
required under subsection (a).

SEC. 336. REQUIREMENT TO UPDATE STUDY ON STRATEGIC SEAPORTS.

    The Commander of the United States Transportation Command shall 
update the study entitled ``PORT LOOK 2008 Strategic Seaports Study''. 
In updating the study under this section, the commander shall consider 
the infrastructure in the vicinity of a strategic port, including 
bridges, roads, and rail, and any issues relating to the capacity and 
condition of such infrastructure.

SEC. 337. STUDY AND REPORT ON FEASIBILITY OF JOINT USAGE OF THE NASA 
              SHUTTLE LOGISTICS DEPOT.

    (a) Study.--The Secretary of Defense, in conjunction with the 
Administrator of the National Aeronautics and Space Administration, 
shall conduct a study of the feasibility of joint usage of the National 
Aeronautics and Space Administration Shuttle Logistics Depot in Cape 
Canaveral, Florida, to supplement requirements for products and 
services in support of reset initiatives, Advanced Technology Clusters, 
engineering and reverse engineering analysis, and development of 
innovative technology and processes to improve product procurement and 
reduce risk, cost, and cycle time of system delivery.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the committees on Armed 
Services of the Senate and House of Representatives a report on the 
study required under subsection (a).

          Subtitle E--Limitations and Extensions of Authority

SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE LANDING FEES CHARGED 
              FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL AIRCRAFT.

    (a) In General.--Chapter 159 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2697. Acceptance and use of landing fees charged for use of 
              domestic military airfields by civil aircraft
    ``(a) Authority.--The Secretary of a military department may impose 
landing fees for the use by civil aircraft of domestic military 
airfields under the jurisdiction of that Secretary and may use any fees 
received under this section as a source of funding for the operation 
and maintenance of airfields of that department.
    ``(b) Uniform Landing Fees.--The Secretary of Defense shall 
prescribe the amount of the landing fees that may be imposed under this 
section. Such fees shall be uniform among the military departments.
    ``(c) Use of Proceeds.--Amounts received for a fiscal year in 
payment of landing fees imposed under this section for the use of a 
military airfield shall be credited to the appropriation that is 
available for that fiscal year for the operation and maintenance of 
that military airfield, shall be merged with amounts in the 
appropriation to which credited, and shall be available for that 
military airfield for the same period and purposes as the appropriation 
is available.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2697. Acceptance and use of landing fees charged for use of domestic 
                            military airfields by civil aircraft.''.

SEC. 342. IMPROVEMENT AND EXTENSION OF ARSENAL SUPPORT PROGRAM 
              INITIATIVE.

    (a) Improvement.--
            (1) In general.--Section 343 of the Floyd D. Spence 
        National Defense Authorization Act for Fiscal Year 2001 (Public 
        Law 106-398; 10 U.S.C. 4551 note) is amended--
                    (A) in subsection (b), by striking paragraphs (3) 
                and (4) and redesignating paragraphs (5) through (11) 
                as paragraphs (3) through (9), respectively;
                    (B) by striking subsection (d) and redesignating 
                subsections (e), (f), and (g) as subsections (d), (e), 
                and (f), respectively.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.
    (b) Prioritization of Program Purposes.--The Secretary of the Army 
shall--
            (1) prioritize the purposes of the Arsenal Support Program 
        Initiative under section 343(b) of the Floyd D. Spence National 
        Defense Authorization Act for Fiscal Year 2001 (Public Law 106-
        398; U.S.C. 4551 note), as amended by subsection (a)(1)(A); and
            (2) issue guidance to the appropriate commands reflecting 
        such priorities.
    (c) Extension.--
            (1) In general.--Such section, as amended by subsection 
        (a)(1) of this section, is further amended--
                    (A) in subsection (a), by striking ``2010'' and 
                inserting ``2012''; and
                    (B) in paragraph (1) of subsection (f), as 
                redesignated by subsection (a)(1)(B) of this section, 
                by striking ``2010'' and inserting ``2012''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the submittal of the report 
        required under subsection (d).
    (d) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Army shall submit to 
Congress a report on the Arsenal Support Program Initiative that 
includes--
            (1) the Secretary's determination with respect to the 
        Army's highest priorities from among the purposes of the 
        Arsenal Support Program Initiative under section 343(b) of the 
        Floyd D. Spence National Defense Authorization Act for Fiscal 
        Year 2001 (Public Law 106-398; U.S.C. 4551 note), as amended by 
        subsection (a)(1)(A), reflecting the Secretary's overall 
        strategy to achieve desired results;
            (2) performance goals for the Arsenal Support Program 
        Initiative; and
            (3) outcome-focused performance measures to assess the 
        progress the Army has made toward addressing the purposes of 
        the Arsenal Support Program Initiative.

SEC. 343. EXTENSION OF AUTHORITY TO REIMBURSE EXPENSES FOR CERTAIN NAVY 
              MESS OPERATIONS.

    Section 1014(b) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4585) is 
amended by striking ``September 30, 2010'' and inserting ``September 
30, 2012''.

SEC. 344. LIMITATION ON OBLIGATION OF FUNDS FOR THE ARMY HUMAN TERRAIN 
              SYSTEM.

    (a) Limitation.--Of the amounts authorized to be appropriated for 
the Human Terrain System (hereinafter in this section referred to as 
the ``HTS'') that are described in subsection (b), not more than 50 
percent of the amounts remaining unobligated as of the date of 
enactment of this Act may be obligated until the Secretary of the Army 
submits to the congressional defense committees each of the following:
            (1) The independent assessment of the HTS called for in the 
        report of the Committee on Armed Services of the House of 
        Representatives accompanying the National Defense Authorization 
        Act for Fiscal Year 2010 (H. Rept. 111-166).
            (2) A validation of all HTS requirements, including any 
        prior joint urgent operations needs statements.
            (3) A certification that policies, procedures, and guidance 
        are in place to protect the integrity of social science 
        researchers participating in HTS, including ethical guidelines 
        and human studies research procedures.
    (b) Covered Authorizations or Appropriations.--The amounts 
authorized to be appropriated described in this subsection are amounts 
authorized to be appropriated for fiscal year 2011, including such 
amounts authorized to be appropriated for oversees contingency 
operations, for--
            (1) Operation and maintenance for HTS;
            (2) Procurement for Mapping the Human Terrain hardware and 
        software; and
            (3) Research, development, test, and evaluation for Mapping 
        the Human Terrain hardware and software.

SEC. 345. LIMITATION ON OBLIGATION OF FUNDS PENDING SUBMISSION OF 
              CLASSIFIED JUSTIFICATION MATERIAL.

    Of the amounts authorized to be appropriated in this title for 
fiscal year 2011 for the Office of the Secretary of Defense for budget 
activity four, line 270, not more than 90 percent may be obligated 
until 15 days after the information cited in the classified annex 
accompanying this Act relating to the provision of classified 
justification material to Congress is provided to the congressional 
defense committees.

SEC. 346. LIMITATION ON RETIREMENT OF C-130 AIRCRAFT FROM AIR FORCE 
              INVENTORY.

    The Secretary of the Air Force may not take any action to retire 
any C-130 aircraft from the inventory of the Air Force until 30 days 
after the date on which the Secretary submits to the congressional 
defense committees a written agreement between the Director of the Air 
National Guard, the Commander of Air Force Reserve Command, and the 
Chief of Staff of the Air Force. The agreement shall specify the 
following:
            (1) The number of and type of C-130 aircraft to be 
        transferred, on a temporary basis, from the Air National Guard 
        to the Air Force.
            (2) The schedule by which any C-130 aircraft transferred to 
        the Air Force will be returned to the Air National Guard.
            (3) A description of the condition, including the estimated 
        remaining service life, in which the C-130 aircraft will be 
        returned to the Air National Guard following the period during 
        which the aircraft are on loan to the Air Force.
            (4) A description of the allocation of resources, including 
        the designation of responsibility for funding aircraft 
        operations and maintenance, in fiscal year 2011, and detailed 
        description of budgetary responsibilities through the remaining 
        period the aircraft are on loan to the Air Force.
            (5) The designation of responsibility for funding depot 
        maintenance requirements or modifications to the aircraft 
        during the period the aircraft are on loan with the Air Force, 
        or otherwise generated as a result of transfer.
            (6) The locations from which the C-130 aircraft will be 
        transferred.
            (7) The manpower planning and certification that such a 
        transfer will not result in manpower authorization reductions 
        or resourcing at the Air National Guard facilities identified 
        in paragraph (6).
            (8) The manner by which Air National Guard personnel 
        affected by the transfer will maintain their skills and 
        proficiencies in order to preserve readiness at the affected 
        units.
            (9) Any other items the Director of the Air National Guard 
        or the Commander of Air Force Reserve Command determine are 
        necessary in order to ensure such a transfer will not 
        negatively impact the ability of the Air National Guard and Air 
        Force Reserve to accomplish their respective missions.

SEC. 347. COMMERCIAL SALE OF SMALL ARMS AMMUNITION IN EXCESS OF 
              MILITARY REQUIREMENTS.

    (a) Commercial Sale of Small Arms Ammunition.--Small arms 
ammunition and ammunition components in excess of military 
requirements, including fired cartridge cases, which is not otherwise 
prohibited from commercial sale or certified by the Secretary of 
Defense as unserviceable or unsafe, may not be demilitarized or 
destroyed and shall be made available for commercial sale.
    (b) Deadline for Guidance.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall issue 
guidance to ensure compliance with subsection (a). Not later than 15 
days after issuing such guidance, the Secretary shall submit to the 
congressional defense committees a letter of compliance providing 
notice of such guidance.

SEC. 348. LIMITATION ON AIR FORCE FISCAL YEAR 2011 FORCE STRUCTURE 
              ANNOUNCEMENT IMPLEMENTATION.

    None of the amounts authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2011 may be obligated or 
expended for the purpose of implementing the Air Force fiscal year 2011 
Force Structure Announcement until 45 days after--
            (1) the Secretary of the Air Force provides a detailed 
        report to the Committees on Armed Services of the Senate and 
        House of Representatives on the follow-on missions for bases 
        affected by the 2010 Combat Air Forces restructure; and
            (2) the Secretary of the Air Force certifies to the 
        Committees on Armed Services of the Senate and House of 
        Representatives that the Air Sovereignty Alert Mission will be 
        fully resourced with required funding, personnel, and aircraft.

                       Subtitle F--Other Matters

SEC. 351. EXPEDITED PROCESSING OF BACKGROUND INVESTIGATIONS FOR CERTAIN 
              INDIVIDUALS.

    (a) Expedited Processing of Security Clearances.--Section 1564 of 
title 10, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):
    ``(a) Expedited Process.--The Secretary of Defense may prescribe a 
process for expediting the completion of the background investigations 
necessary for granting security clearances for--
            ``(1) Department of Defense personnel and Department of 
        Defense contractor personnel who are engaged in sensitive 
        duties that are critical to the national security; and
            ``(2) any individual who submits an application for a 
        position as an employee of the Department of Defense for which 
        a security clearance is required who is a member of the armed 
        forces who was retired or separated for physical disability 
        pursuant to chapter 61 of this title.''; and
            (2) by adding at the end the following new subsection:
    ``(f) Use of Appropriated Funds.--The Secretary of Defense may use 
funds authorized to be appropriated to the Department of Defense for 
operation and maintenance to conduct background investigations under 
this section for individuals described in subsection (a)(2).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to a background investigation conducted after the 
date of the enactment of this Act.

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.

    Section 2583(c) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Military animals''; and
            (2) by adding at the end the following new paragraph:
    ``(2) For purposes of making a determination under subsection 
(a)(2), unusual or extraordinary circumstances may include situations 
in which the handler of a military working dog is a member of the armed 
forces who is killed in action, dies of wounds received in action, or 
is so seriously wounded in action that the member will (or most likely 
will) receive a medical discharge. If the Secretary of the military 
department concerned determines that an adoption is justified in such a 
situation, the military working dog shall be made available for 
adoption only by the immediate family of the member.''.

SEC. 353. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION OF 
              CIVILIAN PASSENGERS AND COMMERCIAL CARGOES BY DEPARTMENT 
              OF DEFENSE WHEN SPACE UNAVAILABLE ON COMMERCIAL LINES.

    (a) Transportation on DOD Vehicles and Aircraft.--Subsection (a) of 
section 2649 of title 10, United States Code, is amended--
            (1) by inserting ``Authority.--'' before ``Whenever''; and
            (2) by inserting ``, vehicles, or aircraft'' in the first 
        sentence after ``vessels'' both places it appears.
    (b) Amounts Charged for Transportation in Emergency, Disaster, or 
Humanitarian Response Cases.--
            (1) Limitation on amounts charged.--The second sentence of 
        subsection (a) of such section is amended by inserting before 
        the period the following: ``, except that in the case of 
        transportation provided in response to an emergency, a 
        disaster, or a request for humanitarian assistance, any amount 
        charged for such transportation may not exceed the cost of 
        providing the transportation''.
            (2) Crediting of receipts.--Subsection (b) of such section 
        is amended by striking ``Amounts'' and inserting ``Crediting of 
        Receipts.--Any amount received under this section with respect 
        to transportation provided in response to an emergency, a 
        disaster, or a request for humanitarian assistance may be 
        credited to the appropriation, fund, or account used in 
        incurring the obligation for which such amount is received. In 
        all other cases, amounts''.
    (c) Transportation During Contingencies or Disaster Responses.--
Such section is further amended by adding at the end the following new 
subsection:
    ``(c) Transportation of Allied Personnel During Contingencies or 
Disaster Responses.--(1) During the 5-year period beginning on the date 
of the enactment of the National Defense Authorization Act for Fiscal 
Year 2011, when space is available on vessels, vehicles, or aircraft 
operated by the Department of Defense and the Secretary of Defense 
determines that operations in the area of a contingency operation or 
disaster response would be facilitated if allied forces or civilians 
were to be transported using such vessels, vehicles, or aircraft, the 
Secretary may provide such transportation on a noninterference basis, 
without charge.
    ``(2) Not later than March 1 of each year following a year in which 
the Secretary provides transportation under paragraph (1), the 
Secretary shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report describing, in detail, the 
transportation so provided during that year. Each such report shall 
include a description of each of the following:
            ``(A) How the authority under paragraph (1) was used during 
        the year covered by the report.
            ``(B) The frequency with which such authority was used 
        during that year.
            ``(C) The rationale of the Secretary for each such use of 
        the authority.
            ``(D) The total cost of the transportation provided under 
        paragraph (1) during that year.
            ``(E) The appropriation, fund, or account credited and the 
        total amount received as a result of providing transportation 
        under paragraph (1) during that year.''.
    (d) Conforming Amendment.--Section 2648 of such title is amended by 
inserting ``, vehicles, or aircraft'' after ``vessels'' in the matter 
preceding paragraph (1).
    (e) Technical Amendments.--
            (1) The heading of section 2648 of such title is amended to 
        read as follows:
``Sec. 2648. Persons and supplies: sea, land, and air transportation''.
            (2) The heading of section 2649 of such title is amended to 
        read as follows:
``Sec. 2649. Civilian passengers and commercial cargoes: transportation 
              on Department of Defense vessels, vehicles, and 
              aircraft''.
    (f) Clerical Amendments.--The table of sections at the beginning of 
chapter 157 of such title is amended by striking the items relating to 
sections 2648 and 2649 and inserting the following new items:

``2648. Persons and supplies: sea, land, and air transportation.
``2649. Civilian passengers and commercial cargoes: transportation on 
                            Department of Defense vessels, vehicles, 
                            and aircraft.''.

SEC. 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.

    Section 2463(d)(1) of title 10, United States Code, is amended by 
striking ``under the National Security Personnel System, as 
established''.

SEC. 355. INVENTORY AND STUDY OF BUDGET MODELING AND SIMULATION TOOLS.

    (a) Inventory.--
            (1) Inventory required.--The Comptroller General of the 
        United States shall perform an inventory of all modeling and 
        simulation tools used by the Department of Defense to develop 
        and analyze the Department's annual budget submission and to 
        support decision making inside the budget process. In carrying 
        out the inventory, the Comptroller General shall identify the 
        purpose, scope, and levels of validation, verification, and 
        accreditation of each such model and simulation.
            (2) Report.--Not later than December 1, 2010, the 
        Comptroller General shall submit to Committees on Armed 
        Services of the Senate and House of Representatives and the 
        Secretary of Defense a report on the inventory under paragraph 
        (1) and the findings of the Comptroller General in carrying out 
        the inventory.
    (b) Study.--
            (1) Study required.--By not later than January 15, 2011, 
        the Secretary of Defense shall seek to enter into a contract 
        with a federally funded research and development center to 
        carry out a study examining the requirements for and 
        capabilities of modeling and simulation tools used by the 
        Department of Defense to support the annual budget process. A 
        contract entered into under this paragraph shall specify that 
        in carrying out the study, the center shall--
                    (A) use the inventory performed by the Comptroller 
                General under subsection (a) as a baseline;
                    (B) examine the efficacy and sufficiency of the 
                modeling and simulation tools used by the Department of 
                Defense to support the development, analysis, and 
                decision-making associated with the construction and 
                validation of requirements used as a basis for the 
                annual budget process of the Department;
                    (C) examine the requirements and any capability 
                gaps with respect to such modeling and simulation 
                tools;
                    (D) provide recommendations as to how the 
                Department should best address the requirements and 
                fill the capabilities gaps identified under 
                subparagraph (C);
                    (E) identify annual investment levels in modeling 
                and simulation tools and certifications required to 
                achieve a high degree of confidence in the relationship 
                between the Department's mission effectiveness and the 
                budget materials submitted to the President by the 
                Secretary of Defense in connection with the submission 
                to Congress, pursuant to section 1105 of title 31, 
                United States Code, of the budget for a fiscal year;
                    (F) examine the verification, validation, and 
                accreditation requirements for each of the military 
                services and provide recommendations with respect to 
                establishing uniform standards for such requirements 
                across all of the military services; and
                    (G) recommend improvements to enhance the 
                confidence, efficacy, and sufficiency of the modeling 
                and simulation tools used by the Department of Defense 
                in the development of the annual budget.
            (2) Report.--Not later than January 1, 2012, the chief 
        executive officer of the center that carries out the study 
        pursuant to a contract under paragraph (1) shall submit to the 
        Committees on Armed Services of the Senate and House of 
        Representatives a report on the findings of the study.

SEC. 356. SENSE OF CONGRESS REGARDING CONTINUED IMPORTANCE OF HIGH-
              ALTITUDE AVIATION TRAINING SITE, COLORADO.

    (a) Findings.--Congress makes the following findings:
            (1) The High-Altitude Aviation Training Site in Gypsum, 
        Colorado, is the only Department of Defense aviation school 
        that provides an opportunity for rotor-wing military pilots to 
        train in high-altitude, mountainous terrain, under full gross 
        weight and power management operations.
            (2) The High-Altitude Aviation Training Site is operated by 
        the Colorado Army National Guard and is available to pilots of 
        all branches of the Armed Forces and to pilots of allied 
        countries.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the High-Altitude Army Aviation Training Site continues 
        to be critically important to ensuring the readiness and 
        capabilities of rotor-wing military pilots; and
            (2) the Department of Defense should take all appropriate 
        actions to prevent encroachment on the High-Altitude Army 
        Aviation Training Site.

SEC. 357. DEPARTMENT OF DEFENSE STUDY ON SIMULATED TACTICAL FLIGHT 
              TRAINING IN A SUSTAINED G ENVIRONMENT.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
on the effectiveness of simulated tactical flight training in a 
sustained g environment. In conducting the study, the Secretary shall 
include all relevant factors, including each of the following:
            (1) Training effectiveness.
            (2) Cost reductions.
            (3) Safety.
            (4) Research benefits.
            (5) Carbon emissions reduction.
            (6) Lifecycles of training aircraft.
    (b) Deadline for Completion.--The study required by subsection (a) 
shall be completed not later than 18 months after the date of the 
enactment of this Act.
    (c) Submission to Congress.--Upon completion of the study required 
by subsection (a), the Secretary shall submit the results of the study 
to the congressional defense committees.

SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF OBSTRUCTIONS ON 
              MILITARY INSTALLATIONS AND OPERATIONS.

    (a) Designation of Department Organization.--Not later than 60 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall designate a single organization within the Department of Defense 
to--
            (1) serve as the executive agent to carry out the study 
        required by subsection (b);
            (2) serve as a clearinghouse to review applications filed 
        with the Secretary of Transportation pursuant to section 44718 
        of title 49, United States Code, and received by the Department 
        of Defense from the Secretary of Transportation; and
            (3) accelerate the development of planning tools to provide 
        preliminary notice as to the acceptability to the Department of 
        Defense of proposals included in an application submitted 
        pursuant to such section.
    (b) Military Installations and Operations Impact Study.--
            (1) Study required.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        carry out a study to identify any areas where military 
        installations and military operations, including the use of air 
        navigation facilities, navigable airspace, military training 
        routes, and air defense radars, could be affected by any 
        proposed construction, alteration, establishment, or expansion 
        of a structure described in section 44718 of title 49, United 
        States Code.
            (2) Military mission impact zones.--The Secretary of 
        Defense shall publish a notice of the areas identified pursuant 
        to the study under paragraph (1). Such areas shall be known as 
        ``military mission impact zones''.
    (c) Effect of Department of Defense Hazard Assessment.--A notice 
under subsection (a)(3) or (b)(2) shall not be considered to be a 
substitute for any assessment required by the Secretary of 
Transportation under section 44718 of title 49, United States Code.
    (d) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply 
with, any environmental law, including the National Environmental 
Policy Act (42 U.S.C. 4321 et seq.).
    (e) Definitions.--In this section:
            (1) The term ``military training route'' means a training 
        route developed as part of the Military Training Route Program, 
        carried out jointly by the Federal Aviation Administration and 
        the Secretary Defense, for use by the Armed Forces for the 
        purpose of conducting low-altitude, high-speed military 
        training.
            (2) The term ``high value military training route'' means a 
        military training route that is in the highest quartile of 
        military training routes used by the Department of Defense with 
        respect to frequency of use.
            (3) The term ``military installation'' has the meaning 
        given that term in section 2801(c)(4) of title 10, United 
        States Code.
            (4) The term ``military operation'' means military 
        navigable airspace, including high value military training 
        routes, air defense radars, special use airspace, warning 
        areas, and other military related systems.

SEC. 359. SENSE OF CONGRESS REGARDING FIRE-RESISTANT UTILITY ENSEMBLES 
              FOR NATIONAL GUARD PERSONNEL IN CIVIL AUTHORITY MISSIONS.

    It is the sense of Congress that the Chief of the National Guard 
Bureau should issue fire-resistant utility ensembles to National Guard 
personnel who are engaged, or likely to become engaged, in defense 
support to civil authority missions that routinely involve serious fire 
hazards, such as wildfire recovery efforts.

SEC. 360. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES AVAILABLE FOR 
              DOMESTIC EMERGENCY ASSISTANCE.

    (a) Domestic Authority.--Section 2557 of title 10, United States 
Code, is amended--
            (1) in subsection (a)(1), by adding at the end the 
        following new sentence: ``In addition, the Secretary may make 
        nonlethal excess supplies of the Department available to 
        support domestic emergency assistance activities.''; and
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' before ``Excess''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) Excess supplies made available under this section to support 
domestic emergency assistance activities shall be transferred to the 
Secretary of Homeland Security. The Secretary of Defense may provide 
assistance in the distribution of such supplies at the request of the 
Secretary of Homeland Security.''.
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 2557. Excess nonlethal supplies: availability for humanitarian 
              relief, domestic emergency assistance, and homeless 
              veterans assistance''.
            (2) Table of sections.--The item relating to such section 
        in the table of sections at the beginning of chapter 152 of 
        such title is amended to read as follows:

``2557. Excess nonlethal supplies: availability for humanitarian 
                            relief, domestic emergency assistance, and 
                            homeless veterans assistance.''.

SEC. 361. RECOVERY OF MISSING DEPARTMENT OF DEFENSE PROPERTY.

    (a) In General.--Section 2789 of title 10, United States Code, is 
amended to read as follows:
``Sec. 2789. Recovery of Department of Defense property: unauthorized 
              or improper disposition
    ``(a) Prohibitions.--No member of the armed forces, civilian 
employee of the Government, employee or agent of a contractor, or any 
other person may sell, lend, pledge, barter, give, transfer, or 
otherwise dispose of any clothing, arms, articles, equipment, or any 
other military or Department of Defense property--
            ``(1) to any person not authorized to receive the property 
        in accordance with applicable requirements established by the 
        Department of Defense or a component thereof; or
            ``(2) in violation of applicable demilitarization 
        regulations of the Department of Defense or a component 
        thereof.
    ``(b) Seizure of Improperly Disposed of Property.--If a member of 
the armed forces, civilian employee of the Government, employee or 
agent of a contractor, or any other person has improperly disposed of 
military or Department of Defense property in violation of subsection 
(a), any civil or military officer of the United States or any State or 
local law enforcement official may seize the property, wherever found. 
Title to military or Department of Defense property disposed of in 
violation of subsection (a) remains with the United States. Possession 
of such property by a person who is neither a member of the armed 
forces nor an official of the United States is prima facie evidence 
that the property has been disposed of in violation of subsection (a).
    ``(c) Delivery of Seized Property.--Any official who seizes 
property under subsection (b) and is not authorized to retain it for 
the United States shall immediately deliver the property to an 
authorized member of the armed forces or other authorized official of 
the Department of Defense or the Department of Justice.
    ``(d) Retroactive Enforcement Authorized.--This section shall apply 
to any military or Department of Defense property which was the subject 
of unauthorized disposition any time after January 1, 2002. This 
section shall apply to significant military equipment which was the 
subject of unauthorized disposition at any time.
    ``(e) Severability Clause.--In the event that any portion of this 
section is held unenforceable, all other portions of this section shall 
remain in full force and effect.
    ``(f) Definition.--In this section, the term `significant military 
equipment' means defense articles on the United States Munitions List 
for which special export controls are warranted because of their 
capacity for substantial military utility or capability.''.
    (b) Clerical Amendment.--The item relating to such section in the 
table of sections at the beginning of chapter 165 of such title is 
amended to read as follows:

``2789. Recovery of Department of Defense property: unauthorized or 
                            improper disposition.''.

SEC. 362. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR LOSS OR 
              DAMAGE TO HOUSEHOLD GOODS IN LIMITED CASES NOT COVERED BY 
              CARRIER LIABILITY.

    (a) Claims Authority.--
            (1) In general.--Chapter 163 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2740. Property loss: reimbursement of members and civilian 
              employees for full replacement value of household effects 
              when contractor reimbursement not available
    ``The Secretary of Defense and the Secretaries of the military 
departments, in paying a claim under section 3721 of title 31 arising 
from loss or damage to household goods stored or transported at the 
expense of the Department of Defense, may pay the claim on the basis of 
full replacement value in any of the following cases in which 
reimbursement for the full replacement value for the loss or damage is 
not available directly from a carrier under section 2636a of this 
title:
            ``(1) A case in which--
                    ``(A) the lost or damaged goods were stored or 
                transported under a contract, tender, or solicitation 
                in accordance with section 2636a of this title that 
                requires the transportation service provider to settle 
                claims on the basis of full replacement value; and
                    ``(B) the loss or damage occurred under 
                circumstances that exclude the transportation service 
                provider from liability.
            ``(2) A case in which--
                    ``(A) the loss or damage occurred while the lost or 
                damaged goods were in the possession of an ocean 
                carrier that was transporting, loading, or unloading 
                the goods under a Department of Defense contract for 
                ocean carriage; and
                    ``(B) the land-based portions of the transportation 
                were under contracts, in accordance with section 2636a 
                of this title, that require the land carriers to settle 
                claims on the basis of full replacement value.
            ``(3) A case in which--
                    ``(A) the lost or damaged goods were transported or 
                stored under a contract or solicitation that requires 
                at least one of the transportation service providers or 
                carriers that handled the shipment to settle claims on 
                the basis of full replacement value pursuant to section 
                2636a of this title;
                    ``(B) the lost or damaged goods have been in the 
                custody of more than one independent contractor or 
                transportation service provider; and
                    ``(C) a claim submitted to the delivering 
                transportation service provider or carrier is denied in 
                whole or in part because the loss or damage occurred 
                while the lost or damaged goods were in the custody of 
                a prior transportation service provider or carrier or 
                government entity.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2740. Property loss: reimbursement of members and civilian employees 
                            for full replacement value of household 
                            effects when contractor reimbursement not 
                            available.''.
    (b) Effective Date.--Section 2740 of title 10, United States Code, 
as added by subsection (a), shall apply with respect to losses incurred 
after the date of the enactment of this Act.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2011, as follows:
            (1) The Army, 569,400.
            (2) The Navy, 328,700.
            (3) The Marine Corps, 202,100.
            (4) The Air Force, 332,200.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
              LEVELS.

    Section 691(b) of title 10, United States Code, is amended by 
striking paragraphs (1) through (4) and inserting the following new 
paragraphs:
            ``(1) For the Army, 547,400.
            ``(2) For the Navy, 324,300.
            ``(3) For the Marine Corps, 202,100.
            ``(4) For the Air Force, 332,200.''.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 
30, 2011, as follows:
            (1) The Army National Guard of the United States, 358,200.
            (2) The Army Reserve, 205,000.
            (3) The Navy Reserve, 65,500.
            (4) The Marine Corps Reserve, 39,600.
            (5) The Air National Guard of the United States, 106,700.
            (6) The Air Force Reserve, 71,200.
            (7) The Coast Guard Reserve, 10,000.
    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or 
        for unsatisfactory participation in training) without their 
        consent at the end of the fiscal year.
    (c) End Strength Increases.--Whenever units or individual members 
of the Selected Reserve of any reserve component are released from 
active duty during any fiscal year, the end strength prescribed for 
such fiscal year for the Selected Reserve of such reserve component 
shall be increased proportionately by the total authorized strengths of 
such units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE 
              RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 
2011, the following number of Reserves to be serving on full-time 
active duty or full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components:
            (1) The Army National Guard of the United States, 32,060.
            (2) The Army Reserve, 16,261.
            (3) The Navy Reserve, 10,688.
            (4) The Marine Corps Reserve, 2,261.
            (5) The Air National Guard of the United States, 14,584.
            (6) The Air Force Reserve, 2,992.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    The minimum number of military technicians (dual status) as of the 
last day of fiscal year 2011 for the reserve components of the Army and 
the Air Force (notwithstanding section 129 of title 10, United States 
Code) shall be the following:
            (1) For the Army Reserve, 8,395.
            (2) For the Army National Guard of the United States, 
        27,210.
            (3) For the Air Force Reserve, 10,720.
            (4) For the Air National Guard of the United States, 
        22,394.

SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF NON-DUAL STATUS 
              TECHNICIANS.

    (a) Limitations.--
            (1) National guard.--Within the limitation provided in 
        section 10217(c)(2) of title 10, United States Code, the number 
        of non-dual status technicians employed by the National Guard 
        as of September 30, 2011, may not exceed the following:
                    (A) For the Army National Guard of the United 
                States, 2,520.
                    (B) For the Air National Guard of the United 
                States, 350.
            (2) Army reserve.--The number of non-dual status 
        technicians employed by the Army Reserve as of September 30, 
        2011, may not exceed 595.
            (3) Air force reserve.--The number of non-dual status 
        technicians employed by the Air Force Reserve as of September 
        30, 2011, may not exceed 90.
    (b) Non-Dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.
    (c) Conforming Amendment to Annual Limitation on Non-dual Status 
Technicians for the Army National Guard.--Section 10217(c)(2) of title 
10, United States Code, is amended by striking ``1,950'' and inserting 
``2,870''.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
              ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2011, the maximum number of members of the 
reserve components of the Armed Forces who may be serving at any time 
on full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:
            (1) The Army National Guard of the United States, 17,000.
            (2) The Army Reserve, 13,000.
            (3) The Navy Reserve, 6,200.
            (4) The Marine Corps Reserve, 3,000.
            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.

              Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated to the Department of Defense for military personnel for 
fiscal year 2011 a total of $138,540,700,000.
    (b) Construction of Authorization.--The authorization of 
appropriations in subsection (a) supersedes any other authorization of 
appropriations (definite or indefinite) for such purpose for fiscal 
year 2011.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

SEC. 501. AGE FOR HEALTH CARE PROFESSIONAL APPOINTMENTS AND MANDATORY 
              RETIREMENTS.

    (a) Age for Original Appointment as a Health Professions Officer.--
Section 532(d)(2) of title 10, United States Code, is amended by 
striking ``reserve''.
    (b) Additional Categories of Officers Eligible for Deferral of 
Mandatory Retirement for Age.--Section 1251(b) of such title is 
amended--
            (1) in paragraph (1), by striking ``the officer will be 
        performing duties consisting primarily of providing patient 
        care or performing other clinical duties.'' and inserting ``the 
        officer--
            ``(A) will be performing duties consisting primarily of 
        providing patient care or performing other clinical duties; or
            ``(B) is in a category of officers designated under 
        subparagraph (D) of paragraph (2) whose duties will consist 
        primarily of the duties described in clause (i), (ii), or (iii) 
        of such subparagraph.''; and
            (2) in paragraph (2)--
                    (A) by striking ``or'' at the end of subparagraph 
                (B);
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(D) an officer in a category of officers designated by 
        the Secretary concerned for the purposes of this paragraph as 
        consisting of officers whose duties consist primarily of--
                    ``(i) providing health care;
                    ``(ii) performing other clinical care; or
                    ``(iii) performing health-care related 
                administrative duties.''.

SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OFFICERS IN THE GRADE OF 
              W-1 BY COMMISSION AND STANDARDIZATION OF WARRANT OFFICER 
              APPOINTING AUTHORITY.

    (a) Regular Officers.--
            (1) Authority for appointments by commission in warrant 
        officer w-1 grade.--The first sentence of section 571(b) of 
        title 10, United States Code, is amended by striking ``by the 
        Secretary concerned'' and inserting ``, except that, with 
        respect to an armed force under the jurisdiction of the 
        Secretary of a military department, the Secretary may provide 
        by regulation that appointments in that grade shall be made by 
        commission''.
            (2) Appointing authority.--The second sentence of section 
        571(b) of such title is amended by inserting before the period 
        at the end the following: ``, and appointments in the grade of 
        regular warrant officer, W-1 (whether by warrant or 
        commission), shall be made by the President, except that 
        appointments in that grade in the Coast Guard shall be made by 
        the Secretary of Homeland Security when it is not operating as 
        a service in the Department of the Navy''.
    (b) Reserve Officers.--Subsection (b) of section 12241 of such 
title is amended to read as follows:
    ``(b) Appointments in permanent reserve warrant officer grades 
shall be made in the same manner as is prescribed for regular warrant 
officer grades by section 571(b) of this title.''.
    (c) Presidential Functions.--Except as otherwise provided by the 
President by Executive order, the provisions of Executive Order No. 
13384 (10 U.S.C. 531 note) relating to the functions of the President 
under the second sentence of section 571(b) of title 10, United States 
Code, shall apply in the same manner to the functions of the President 
under section 12241(b) of title 10, United States Code.

SEC. 503. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS, DELIBERATIONS, 
              NOTES, AND RECORDS OF SPECIAL SELECTION BOARDS.

    (a) Nondisclosure of Board Proceedings.--Section 613a of title 10, 
United States Code, is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection:
    ``(a) Prohibition on Disclosure.--The proceedings of a selection 
board convened under section 573, 611, or 628 of this title may not be 
disclosed to any person not a member of the board, except as authorized 
or required to process the report of the board. This prohibition is a 
statutory exemption from disclosure, as described in section 552(b)(3) 
of title 5.'';
            (2) in subsection (b), by striking ``and Records'' and 
        inserting ``Notes, and Records''; and
            (3) by adding at the end the following new subsection:
    ``(c) Applicability.--This section applies to all selection boards 
convened under section 573, 611, or 628 of this title, regardless of 
the date on which the board was convened.''.
    (b) Reports of Boards.--Section 628(c)(2) of such title is amended 
by striking ``sections 576(d) and 576(f)'' and inserting ``sections 
576(d), 576(f), and 613a''.
    (c) Reserve Boards.--Section 14104 of such title is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection:
    ``(a) Prohibition on Disclosure.--The proceedings of a selection 
board convened under section 14101 or 14502 of this title may not be 
disclosed to any person not a member of the board, except as authorized 
or required to process the report of the board. This prohibition is a 
statutory exemption from disclosure, as described in section 552(b)(3) 
of title 5.'';
            (2) in subsection (b), by striking ``and Records'' and 
        inserting ``Notes, and Records''; and
            (3) by adding at the end the following new subsection:
    ``(c) Applicability.--This section applies to all selection boards 
convened under section 14101 or 14502 of this title, regardless of the 
date on which the board was convened.''.

SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM LIST OF OFFICERS 
              RECOMMENDED FOR PROMOTION.

    (a) Active-duty List.--Section 629 of title 10, United States Code, 
is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Administrative Removal.--If an officer on the active-duty 
list is discharged or dropped from the rolls, transferred to a retired 
status, or found to have been erroneously included in a zone of 
consideration, after having been recommended for promotion to a higher 
grade under this chapter, but before being promoted, the officer shall 
be administratively removed from the promotion list under regulations 
prescribed by the Secretary concerned.''.
    (b) Reserve Active-status List.--Section 14310 of such title is 
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Administrative Removal.--If an officer on the reserve active-
status list is discharged or dropped from the rolls, transferred to a 
retired status, or found to have been erroneously included in a zone of 
consideration, after having been recommended for promotion to a higher 
grade under this chapter or after having been found qualified for 
Federal recognition in the higher grade under title 32, but before 
being promoted, the officer shall be administratively removed from the 
promotion list under regulations prescribed by the Secretary 
concerned.''.

SEC. 505. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS OF INQUIRY FOR 
              SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD 
              PERFORMANCE AND OTHER REASONS.

    (a) Active Duty.--Section 1187 of title 10, United States Code, is 
amended--
            (1) in subsection (a), by striking paragraphs (2) and (3) 
        and inserting the following new paragraphs:
            ``(2) Each member of the board shall be senior in rank or 
        grade to the officer being required to show cause for retention 
        on active duty.
            ``(3) At least one member of the board--
                    ``(A) shall be in or above the grade of major or 
                lieutenant commander, if the grade of the officer being 
                required to show cause for retention on active duty is 
                below the grade of major or lieutenant commander; or
                    ``(B) shall be in a grade above lieutenant colonel 
                or commander, if the grade of the officer being 
                required to show cause for retention on active duty is 
                major or lieutenant commander or above.'';
            (2) in subsection (b), by striking ``that officer--'' and 
        all that follows through the period at the end and inserting 
        ``that officer meets the grade requirements of subsection 
        (a)(2).''; and
            (3) by adding at the end the following new subsection:
    ``(e) Regulations.--The Secretary of a military department may 
prescribe regulations limiting the eligibility of officers to serve on 
a board convened under this chapter to officers who, while otherwise 
qualified, are in the opinion of the Secretary best suited for that 
duty by reason of age, education, training, experience, length of 
service, or temperament.''.
    (b) Reserves.--Section 14906 of such title is amended--
            (1) in subsection (a), by striking paragraphs (2) and (3) 
        and inserting the following new paragraphs:
            ``(2) Each member of the board shall be senior in rank or 
        grade to the officer being required to show cause for retention 
        in an active status.
            ``(3) At least one member of the board--
                    ``(A) shall be in or above the grade of major or 
                lieutenant commander, if the grade of the officer being 
                required to show cause for retention in an active 
                status is below the grade of major or lieutenant 
                commander; or
                    ``(B) shall be in a grade above lieutenant colonel 
                or commander, if the grade of the officer being 
                required to show cause for retention in an active 
                status is major or lieutenant commander or above.''; 
                and
            (2) by adding at the end the following new subsection:
    ``(c) Regulations.--The Secretary of a military department may 
prescribe regulations limiting the eligibility of officers to serve on 
a board convened under this chapter to officers who, while otherwise 
qualified, are in the opinion of the Secretary best suited for that 
duty by reason of age, education, training, experience, length of 
service, or temperament.''.

SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE 
              SERVICE AS A COMMISSIONED OFFICER REQUIRED FOR VOLUNTARY 
              RETIREMENT AS AN OFFICER.

    (a) Army.--Section 3911(b)(2) of title 10, United States Code, is 
amended by striking ``January 6, 2006, and ending on December 31, 
2008'' and inserting ``the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2011 and ending on September 
30, 2013''.
    (b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is 
amended by striking ``January 6, 2006, and ending on December 31, 
2008'' and inserting ``the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2011 and ending on September 
30, 2013''.
    (c) Air Force.--Section 8911(b)(2) of such title is amended by 
striking ``January 6, 2006, and ending on December 31, 2008'' and 
inserting ``the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2011 and ending on September 30, 
2013''.

                Subtitle B--Reserve Component Management

SEC. 511. PRESEPARATION COUNSELING FOR MEMBERS OF THE RESERVE 
              COMPONENTS.

    (a) Requirement; Exception.--Subsection (a)(1) of section 1142 of 
title 10, United States Code, is amended--
            (1) in the first sentence--
                    (A) by striking ``Within'' and inserting ``(A) 
                Within''; and
                    (B) by striking ``of each member'' and all that 
                follows through the period at the end of the sentence 
                and inserting the following: ``of--
            ``(i) each member of the armed forces whose discharge or 
        release from active duty is anticipated as of a specific date; 
        and
            ``(ii) each member of a reserve component not covered by 
        clause (i) whose discharge or release from service is 
        anticipated as of a specific date.''; and
            (2) in the second sentence, by striking ``A notation of the 
        provision of such counseling'' and inserting the following:
    ``(B) A notation of the provision of preseparation counseling''.
    (b) Clarification of Covered Matters.--Subsection (b)(7) of such 
section is amended by striking ``from active duty''.

SEC. 512. MILITARY CORRECTION BOARD REMEDIES FOR NATIONAL GUARD 
              MEMBERS.

    Subsection (a) of section 1552 of title 10, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``military record of the 
        Secretary's department'' and inserting ``military record of an 
        armed force, including reserve components thereof, under the 
        jurisdiction of the Secretary''; and
            (2) by adding at the end the following new paragraph:
    ``(5) In the case of a member of the National Guard, the authority 
to correct any military record of the member under this section extends 
only to records generated while the member was in Federal service and 
does not apply to matters related to State government policy and 
procedures related to its National Guard.''.

SEC. 513. REMOVAL OF STATUTORY DISTRIBUTION LIMITS ON NAVY RESERVE FLAG 
              OFFICER ALLOCATION.

    Section 12004(c) of title 10, United States Code, is amended--
            (1) by striking paragraphs (2), (3), and (5); and
            (2) by redesignating paragraph (4) as paragraph (2).

SEC. 514. ASSIGNMENT OF AIR FORCE RESERVE MILITARY TECHNICIANS (DUAL 
              STATUS) TO POSITIONS OUTSIDE AIR FORCE RESERVE UNIT 
              PROGRAM.

    Section 10216(d) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3) Paragraph (1) does not apply to a military technician (dual 
status) who is employed by the Air Force Reserve in an area other than 
the Air Force Reserve unit program, except that not more than 50 of 
such technicians may be assigned outside of the unit program at the 
same time.''.

SEC. 515. TEMPORARY AUTHORITY FOR TEMPORARY EMPLOYMENT OF NON-DUAL 
              STATUS MILITARY TECHNICIANS.

    Section 10217 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``or'' at the end of paragraph (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) is hired as a temporary employee pursuant to the 
        exception for temporary employment provided by subsection (d) 
        and subject to the terms and conditions of such subsection.''; 
        and
            (2) by adding at the end the following new subsection:
    ``(d) Exception for Temporary Employment.--(1) Notwithstanding 
section 10218 of this title, the Secretary of the Army or the Secretary 
of the Air Force may employ, for a period not to exceed 2 years, a 
person to fill a vacancy created by the mobilization of a military 
technician (dual status) occupying a position under section 10216 of 
this title.
    ``(2) The duration of the temporary employment of a person in a 
military technician position under this subsection may not exceed the 
shorter of the following:
            ``(A) The period of mobilization of the military technician 
        (dual status) whose vacancy is being filled by the temporary 
        employee.
            ``(B) Two years.
    ``(3) No persons may be hired under the authority of this 
subsection after the end of the 2-year period beginning on the date of 
the enactment of this subsection.''.

SEC. 516. REVISED STRUCTURE AND FUNCTIONS OF RESERVE FORCES POLICY 
              BOARD.

    (a) Revised Structure and Functions.--Section 10301 of title 10, 
United States Code, is amended to read as follows:
``Sec. 10301. Reserve Forces Policy Board
    ``(a) Functions.--As provided in section 175 of this title, there 
is in the Office of the Secretary of Defense a Reserve Forces Policy 
Board. The Board shall serve as an independent adviser to the Secretary 
of Defense to provide advice and recommendations to the Secretary on 
strategies, policies, and practices designed to improve and enhance the 
capabilities, efficiency, and effectiveness of the reserve components. 
The Board shall report directly to the Secretary to provide independent 
advice and recommendations to the Secretary on matters relating to the 
and reserve components.
    ``(b) Membership.--The Board consists of 20 members, appointed or 
designated as follows:
            ``(1) A civilian chairman appointed by the Secretary of 
        Defense, who shall be a person who the Secretary determines has 
        the knowledge of, and experience in, policy matters relevant to 
        national security and reserve component matters required to 
        carry out the duties of chairman.
            ``(2) Two reserve general officers designated by the 
        Secretary of Defense upon the recommendation of the Secretary 
        of the Army, one of whom shall be a member of the Army National 
        Guard of the United States and one of whom shall be a member of 
        the Army Reserve.
            ``(3) Two reserve officers designated by the Secretary of 
        Defense upon the recommendation of the Secretary of the Navy, 
        one of whom shall be a Navy Reserve flag officer and one of 
        whom shall be a Marine Corps Reserve general officer.
            ``(4) Two reserve general officers designated by the 
        Secretary of Defense upon the recommendation of the Secretary 
        of the Air Force, one of whom shall be a member of the Air 
        National Guard of the United States and one of whom shall be a 
        member of the Air Force Reserve.
            ``(5) One Coast Guard flag officer designated by the 
        Secretary of Homeland Security when the Coast Guard is not 
        operating as a service within the Department of the Navy, or 
        designated by the Secretary of Defense, upon the recommendation 
        of the Secretary of the Navy, when the Coast Guard is operating 
        as a service in the Navy under section 3 of title 14.
            ``(6) Ten persons appointed or designated by the Secretary 
        of Defense, each of whom shall be a United States citizen and 
        have significant knowledge of and experience in policy matters 
        relevant to national security and reserve component matters and 
        shall be one of the following:
                    ``(A) An individual not employed in any Federal or 
                State department or agency.
                    ``(B) An individual employed by a Federal or State 
                department or agency.
                    ``(C) An officer of a regular component on active 
                duty, or an officer of a reserve component in an active 
                status, who has served or is serving in a senior 
                position on the Joint Staff, a combatant command 
                headquarters staff, or a service headquarters staff.
            ``(7) A reserve officer of the Army, Navy, Air Force, or 
        Marine Corps who is a general or flag officer recommended by 
        the chairman and designated by the Secretary of Defense, who 
        shall serve without vote--
                    ``(A) as military adviser to the chairman;
                    ``(B) as military executive officer of the Board; 
                and
                    ``(C) as supervisor of the Board operations and 
                staff.
            ``(8) A senior enlisted member of a reserve component 
        recommended by the chairman and appointed by the Secretary of 
        Defense, who shall serve without vote as enlisted military 
        adviser to the chairman.
    ``(c) Independent Advice.--In the case of a member of the Board who 
is an officer or employee of the Department of Defense or a member of 
the armed forces, the advice provided in that member's capacity as a 
member of the Board shall be rendered independently of the Board 
member's other duties as an officer or employee of the Department of 
Defense or member of the armed forces.
    ``(d) Matters to Be Acted on.--The Board shall act on those matters 
referred to it by the chairman and on any matter raised by a member of 
the Board.
    ``(e) Staff.--The Board shall be supported by a staff consisting of 
one full-time officer from each of the reserve components listed in 
paragraphs (1) through (6) of section 10101 of this title who holds the 
grade of colonel, or in the case of the Navy the grade of captain, or 
who has been selected for promotion to that grade. These officers shall 
also serve as liaisons between their respective components and the 
Board. They shall perform their staff and liaison duties under the 
supervision of the military executive in an independent manner 
reflecting the independent nature of the Board.
    ``(f) Relationship to Service Reserve Policy Committees and 
Boards.--This section does not affect the committees and boards 
prescribed within the military departments by sections 10302 through 
10305 of this title, and a member of such a committee or board may, if 
otherwise eligible, be a member of the Board.''.
    (b) Board Membership Transition Provision.--The members of the 
Reserve Forces Policy Board as of the date of the enactment of this Act 
shall continue to serve on the Board in accordance with their 
respective terms of service as of such date, and except to ensure that 
the positions of chairman and military executive of the Board continue 
to be filled, and to ensure that the reserve components listed in 
paragraphs (1) through (7) of section 10101 of title 10, United States 
Code, continue to have representation, no appointment or designation of 
a member of the Board may be made after such date until the number of 
voting members of the Board is fewer than 18. Once the number of voting 
members is fewer than 18, vacancies in the Board membership shall be 
filled in accordance with section 10301 of title 10, United States 
Code, as amended by subsection (a).
    (c) Revision to Annual Report Requirement.--Section 113(c)(2) of 
title 10, United States Code, is amended by striking ``the reserve 
programs of the Department of Defense and on any other matters'' and 
inserting ``any reserve component matter''.

SEC. 517. MERIT SYSTEMS PROTECTION BOARD AND JUDICIAL REMEDIES FOR 
              NATIONAL GUARD TECHNICIANS.

    (a) Elimination of Restricted Right of Appeal.--
            (1) Current restriction to adjutant general.--Subsection 
        (f) of section 709 of title 32, United States Code, is amended 
        by striking paragraph (4).
            (2) Stylistic and conforming amendments.--Such subsection 
        is further amended--
                    (A) by striking the material preceding paragraph 
                (1);
                    (B) by capitalizing the first word in paragraphs 
                (1), (2), (3), and (5);
                    (C) by striking the semicolon at the end of 
                paragraphs (1), (2), and (3) and inserting a period;
                    (D) by redesignating paragraph (5) as paragraph 
                (4); and
                    (E) by adding at the end the following new 
                paragraph:
            ``(5) This subsection shall be carried out under 
        regulations prescribed by the Secretary concerned.''.
    (b) Application of Certain Title 5 Provisions.--Section 709(g) of 
title 32, United States Code, is amended by striking ``Sections 2108, 
3502, 7511, and 7512'' and inserting ``Section 2108''.
    (c) Application of Adverse Actions Subchapter.--Section 7511(b) of 
title 5, United States Code, is amended--
            (1) by striking paragraph (5); and
            (2) by redesignating paragraphs (6) through (10) as 
        paragraphs (5) through (9), respectively.

         Subtitle C--Joint Qualified Officers and Requirements

SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT MATTERS FOR 
              PURPOSES OF JOINT OFFICER MANAGEMENT.

    Section 668(a) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``multiple'' in the matter 
                preceding subparagraph (A) and inserting 
                ``integrated''; and
                    (B) by striking ``and'' at the end of the 
                subparagraph (D) and inserting ``or''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraph:
    ``(2) In the context of joint matters, the term `integrated 
military forces' refers to military forces that are involved in the 
planning or execution (or both) of operations involving participants 
from--
            ``(A) more than one military department; or
            ``(B) a military department and one or more of the 
        following:
                    ``(i) Other departments and agencies of the United 
                States.
                    ``(ii) The military forces or agencies of other 
                countries.
                    ``(iii) Non-governmental persons or entities.''.

SEC. 522. CHANGES TO PROCESS INVOLVING PROMOTION BOARDS FOR JOINT 
              QUALIFIED OFFICERS AND OFFICERS WITH JOINT STAFF 
              EXPERIENCE.

    (a) Board Composition.--Subsection (c) of section 612 of title 10, 
United States Code, is amended to read as follows:
    ``(c)(1) Each selection board convened under section 611(a) of this 
title that will consider an officer described in paragraph (2) shall 
include at least one officer designated by the Chairman of the Joint 
Chiefs of Staff who is a joint qualified officer.
    ``(2) Paragraph (1) applies with respect to an officer who--
            ``(A) is serving in, or has served in, a joint duty 
        assignment;
            ``(B) is serving on, or has served on, the Joint Staff; or
            ``(C) is a joint qualified officer.
    ``(3) The Secretary of Defense may waive the requirement in 
paragraph (1) in the case of--
            ``(A) any selection board of the Marine Corps; or
            ``(B) any selection board that is considering officers in 
        specialties identified in paragraph (2) or (3) of section 
        619a(b) of this title.''.
    (b) Information Furnished to Selection Boards.--Section 615 of such 
title is amended by striking ``in joint duty assignments of officers 
who are serving, or have served, in such assignments'' in subsections 
(b)(5) and (c) and inserting ``of officers who are serving on, or have 
served on, the Joint Staff or are joint qualified officers''.
    (c) Action on Report of Selection Boards.--Section 618(b) of such 
title is amended--
            (1) in paragraph (1), by striking ``are serving, or have 
        served, in joint duty assignments'' and inserting ``are serving 
        on, or have served on, the Joint Staff or are joint qualified 
        officers'';
            (2) in subparagraphs (A) and (B) of paragraph (2), by 
        striking ``in joint duty assignments of officers who are 
        serving, or have served, in such assignments'' and inserting 
        ``of officers who are serving on, or have served on, the Joint 
        Staff or are joint qualified officers''; and
            (3) in paragraph (4), by striking ``in joint duty 
        assignments'' and inserting ``who are serving on, or have 
        served on, the Joint Staff or are joint qualified officers''.

SEC. 523. SECURE ELECTRONIC DELIVERY OF CERTIFICATE OF RELEASE OR 
              DISCHARGE FROM ACTIVE DUTY (DD FORM 214).

    Section 596 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is amended--
            (1) by inserting ``(a) Election to Forward Certificate to 
        VA Offices--'' before ``The Secretary of Defense''; and
            (2) by adding at the end the following new subsection:
    ``(b) Secure Method of Electronic Delivery.--
            ``(1) Development and implementation.--The Secretary of 
        Veterans Affairs, in consultation with the Secretary of 
        Defense, shall develop and implement a secure electronic method 
        of forwarding the DD Form 214 to the appropriate office 
        specified in subsection (a)(2). The Secretary of Veterans 
        Affairs shall ensure that the method permits such offices to 
        access the forms electronically using current computer 
        operating systems.
            ``(2) Authority to cease delivery.--In developing the 
        secure electronic method of forwarding DD Forms 214, the 
        Secretary of Veterans Affairs shall ensure that the information 
        provided is not disclosed or used for unauthorized purposes and 
        may cease forwarding the forms electronically to an office 
        specified in subsection (a)(2) if demonstrated problems 
        arise.''.

                Subtitle D--General Service Authorities

SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS OF 
              THE ARMED FORCES TO ACTIVE DUTY IN HIGH-DEMAND, LOW-
              DENSITY ASSIGNMENTS.

    (a) Extension of Authority.--Section 688a(f) of title 10, United 
States Code, is amended by striking ``December 31, 2010'' and inserting 
``December 31, 2012''.
    (b) Report Required.--Not later than April 1, 2011, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report containing an 
assessment by the Secretary of the need to extend the authority 
provided by section 688a of title 10, United States Code, beyond 
December 31, 2012. The report shall include, at a minimum, the 
following:
            (1) A list of the current types of high-demand, low-density 
        capabilities (as defined in such section) for which the 
        authority is being used to address operational requirements.
            (2) For each high-demand, low-density capability included 
        in the list under paragraph (1), the number of retired members 
        of the Armed Forces who have served on active duty at any time 
        during each of fiscal years 2007 through 2010 under the 
        authority.
            (3) A plan to increase the required active duty strength 
        for the high-demand, low-density capabilities included in the 
        list under paragraph (1) to eliminate the need to use the 
        authority.

SEC. 532. CORRECTION OF MILITARY RECORDS.

    (a) Improved Documentation of Correction Board Decisions.--Section 
1552(a)(3) of title 10, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) In establishing correction procedures under subparagraph (A), 
the Secretary of a military department shall require that a board 
established under subsection (a)(1) present its findings and 
conclusions in an orderly and itemized fashion, with specific attention 
given to each issue presented by the claimant (or heir or 
representative) who requested the correction. This requirement applies 
to a request for correction received after the date of the enactment of 
this subparagraph, both during initial consideration of the request and 
upon subsequent consideration due to appeal or other circumstances.''.
    (b) Improved Documentation of Review Board Decisions Regarding 
Discharge or Dismissal.--Section 1553(b) of such title is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In establishing review procedures for use by a board 
established under this section, the Secretary of a military department 
shall require that the board present its findings and conclusions in an 
orderly and itemized fashion, with specific attention given to each 
issue presented by the person who requested the review. This 
requirement applies to a request for review received after the date of 
the enactment of this paragraph, both during initial consideration of 
the request and upon subsequent consideration due to appeal or other 
circumstances.''.
    (c) Boards Reviewing Retirement or Separation Without Pay for 
Physical Disability.--
            (1) Members eligible to request review.--Subsection (a) of 
        section 1554 of such title is amended--
                    (A) by striking ``an officer'' and inserting ``a 
                member or former member of the uniformed services''; 
                and
                    (B) by striking ``his case'' and inserting ``the 
                member's case''.
            (2) Improved documentation of board decisions.--Subsection 
        (b) of such section is amended--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) In establishing review procedures for use by a board 
established under this section, the Secretary of a military department 
shall require that the board present its findings and conclusions in an 
orderly and itemized fashion, with specific attention given to each 
issue presented by the person who requested the review. This 
requirement applies to a request for review received after the date of 
the enactment of this paragraph, both during initial consideration of 
the request and upon subsequent consideration due to appeal or other 
circumstances.''.
    (d) Limitation on Reduction in Personnel Assigned to Duty With 
Service Review Agency.--1559(a) of such title is amended by striking 
``December 31, 2010'' and inserting ``December 31, 2013''.

SEC. 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.

    The Secretary of Defense shall modify the Certificate of Release or 
Discharge from Active Duty (DD Form 214) to include a new Block, 19c., 
titled ``electronic mailing (e-mail) address after separation'' in 
order to permit a member of the Armed Forces to include an email 
address at which the member may be reached after the member's discharge 
or release.

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.

    (a) Findings.--Congress make the following findings:
            (1) Women are and have historically been an import part of 
        all United States war efforts, voluntarily serving in every 
        military conflict in United States history, including the 
        Revolutionary War.
            (2) Approximately 34,000 women served in the Armed Forces 
        in World War I, approximately 400,000 served in World War II, 
        approximately 120,000 served in the Korean War, over 7,000 
        served in the Vietnam War, and more than 41,000 served in the 
        first Gulf War.
            (3) Over 350,000 women serving in the Armed Forces make up 
        approximate 15 percent of all active duty personnel, 15 percent 
        of Reserves, and 17 percent of the National Guard.
            (4) Over 225,349 women have served in Operation Iraqi 
        Freedom or Operation Enduring Freedom as members of the Armed 
        Forces.
            (5) At least 120 female members of the Armed Forces have 
        been killed in Iraq or Afghanistan, and, of the women killed, 
        66 were killed in combat.
            (6) The nature of war has changed in Iraq and Afghanistan, 
        and, despite the prohibition on female members of the Armed 
        Forces serving in combat, so has the role of female members of 
        the Armed Forces.
    (b) Official Recognition.--Congress--
            (1) honors women who have served, and women who are 
        currently serving, as members of the Armed Forces; and
            (2) encourages all people in the United States to recognize 
        the service and achievements of female members of the Armed 
        Forces and female veterans.
    (c) Reviews Required.--
            (1) Reviews; elements.--The Secretary of Defense shall 
        conduct a review of military occupational positions available 
        to female members of the Armed Forces for the purpose of 
        ensuring that female members have the maximum opportunity to 
        compete and excel in the Armed Forces. The Secretary of 
        Defense, in coordination with the Secretaries of the military 
        departments, also shall review the collocation policy and other 
        policies and regulations that restrict the service of female 
        members to determine whether changes are needed, including 
        legislative change, if necessary, to enhance the ability of 
        women to serve in the Armed Forces.
            (2) Submission of results.--Not later than February 1, 
        2011, the Secretary of Defense shall submit to the 
        congressional defense committee a report containing the results 
        of the reviews.

SEC. 535. MATTERS COVERED BY PRESEPARATION COUNSELING FOR MEMBERS OF 
              THE ARMED FORCES AND THEIR SPOUSES.

    Section 1142(b) of title 10, United States Code, is amended--
            (1) in paragraph (5), by striking ``job placement 
        counseling for the spouse'' and inserting ``inclusion of the 
        spouse when counseling regarding the matters covered by 
        paragraphs (9), (10), and (16) is provided, job placement 
        counseling for the spouse, and the provision of information on 
        survivor benefits available under the laws administered by the 
        Secretary of Defense or the Secretary of Veterans Affairs'';
            (2) in paragraph (9), by inserting before the period the 
        following: ``, including information on budgeting, saving, 
        credit, loans, and taxes'';
            (3) in paragraph (10), by striking ``and employment'' and 
        inserting ``, employment, and financial'';
            (4) by striking paragraph (16) and inserting the following 
        new paragraph:
            ``(16) Information on home loan services and housing 
        assistance benefits available under the laws administered by 
        the Secretary of Veterans Affairs and counseling on responsible 
        borrowing practices.''; and
            (5) in paragraph (17), by inserting before the period the 
        following: ``, and information regarding the means by which the 
        member can receive additional counseling regarding the member's 
        actual entitlement to such benefits and apply for such 
        benefits''.

SEC. 536. DEPARTMENT OF DEFENSE POLICY CONCERNING HOMOSEXUALITY IN THE 
              ARMED FORCES.

    (a) Comprehensive Review on the Implementation of a Repeal of 10 
U.S.C. 654.--
            (1) In general.--On March 2, 2010, the Secretary of Defense 
        issued a memorandum directing the Comprehensive Review on the 
        Implementation of a Repeal of 10 U.S.C. 654 (section 654 of 
        title 10, United States Code).
            (2) Objectives and scope of review.--The Terms of Reference 
        accompanying the Secretary's memorandum established the 
        following objectives and scope of the ordered review:
                    (A) Determine any impacts to military readiness, 
                military effectiveness and unit cohesion, recruiting/
                retention, and family readiness that may result from 
                repeal of the law and recommend any actions that should 
                be taken in light of such impacts.
                    (B) Determine leadership, guidance, and training on 
                standards of conduct and new policies.
                    (C) Determine appropriate changes to existing 
                policies and regulations, including but not limited to 
                issues regarding personnel management, leadership and 
                training, facilities, investigations, and benefits.
                    (D) Recommend appropriate changes (if any) to the 
                Uniform Code of Military Justice.
                    (E) Monitor and evaluate existing legislative 
                proposals to repeal 10 U.S.C. 654 and proposals that 
                may be introduced in the Congress during the period of 
                the review.
                    (F) Assure appropriate ways to monitor the 
                workforce climate and military effectiveness that 
                support successful follow-through on implementation.
                    (G) Evaluate the issues raised in ongoing 
                litigation involving 10 U.S.C. 654.
    (b) Effective Date.--The amendments made by subsection (f) shall 
take effect 60 days after the date on which the last of the following 
occurs:
            (1) The Secretary of Defense has received the report 
        required by the memorandum of the Secretary referred to in 
        subsection (a).
            (2) The President transmits to the congressional defense 
        committees a written certification, signed by the President, 
        the Secretary of Defense, and the Chairman of the Joint Chiefs 
        of Staff, stating each of the following:
                    (A) That the President, the Secretary of Defense, 
                and the Chairman of the Joint Chiefs of Staff have 
                considered the recommendations contained in the report 
                and the report's proposed plan of action.
                    (B) That the Department of Defense has prepared the 
                necessary policies and regulations to exercise the 
                discretion provided by the amendments made by 
                subsection (f).
                    (C) That the implementation of necessary policies 
                and regulations pursuant to the discretion provided by 
                the amendments made by subsection (f) is consistent 
                with the standards of military readiness, military 
                effectiveness, unit cohesion, and recruiting and 
                retention of the Armed Forces.
    (c) No Immediate Effect on Current Policy.--Section 654 of title 
10, United States Code, shall remain in effect until such time that all 
of the requirements and certifications required by subsection (b) are 
met. If these requirements and certifications are not met, section 654 
of title 10, United States Code, shall remain in effect.
    (d) Benefits.--Nothing in this section, or the amendments made by 
this section, shall be construed to require the furnishing of benefits 
in violation of section 7 of title 1, United States Code (relating to 
the definitions of ``marriage'' and ``spouse'' and referred to as the 
``Defense of Marriage Act'').
    (e) No Private Cause of Action.--Nothing in this section, or the 
amendments made by this section, shall be construed to create a private 
cause of action.
    (f) Treatment of 1993 Policy.--
            (1) Title 10.--Upon the effective date established by 
        subsection (b), chapter 37 of title 10, United States Code, is 
        amended--
                    (A) by striking section 654; and
                    (B) in the table of sections at the beginning of 
                such chapter, by striking the item relating to section 
                654.
            (2) Conforming amendment.--Upon the effective date 
        established by subsection (b), section 571 of the National 
        Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 
        note) is amended by striking subsections (b), (c), and (d).

             Subtitle E--Military Justice and Legal Matters

SEC. 541. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY TO COMPLETE 
              DISCIPLINARY ACTION.

    Section 580 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) A warrant officer subject to discharge or retirement under 
this section, but against whom any action has been commenced with a 
view to trying the officer by court-martial, may be continued on active 
duty, without prejudice to such action, until the completion of such 
action.''.

SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY JUSTICE 
              PROCEEDINGS.

    (a) In General.--Section 848 of title 10, United States Code 
(article 48 of the Uniform Code of Military Justice), is amended to 
read as follows:
``Sec. 848. Art. 48. Contempts
    ``(a) Authority to Punish Contempt.--A military judge detailed to a 
court-martial, a court of inquiry, the Court of Appeals for the Armed 
Forces, a Court of Criminal Appeals, a provost court, or a military 
commission (other than a military commission established under chapter 
47A of this title) may punish for contempt any person who--
            ``(1) uses any menacing word, sign, or gesture in the 
        presence of the military judge during the proceedings of the 
        court-martial, court, or military commission;
            ``(2) disturbs the proceedings of the court-martial, court, 
        or military commission by any riot or disorder; or
            ``(3) willfully disobeys its lawful writ, process, order, 
        rule, decree, or command.
    ``(b) Punishment.--A person punished for contempt under this 
section may be confined for not more than 30 days, fined in an amount 
of not more than $1,000, or both.''.
    (b) Effective Date.--Section 848 of title 10, United States Code 
(article 48 of the Uniform Code of Military Justice), as amended by 
subsection (a), shall apply with respect to acts of contempt committed 
after the date of the enactment of this Act.

SEC. 543. LIMITATIONS ON USE IN PERSONNEL ACTION OF INFORMATION 
              CONTAINED IN CRIMINAL INVESTIGATIVE REPORT OR IN INDEX 
              MAINTAINED FOR LAW ENFORCEMENT RETRIEVAL AND ANALYSIS.

    (a) Limitations.--Chapter 53 of title 10, United States Code, is 
amended by inserting after section 1034 the following new section:
``Sec. 1034a. Criminal investigative report or index maintained for law 
              enforcement retrieval and analysis: limitations on use in 
              personnel actions
    ``(a) Prohibition on Use in Personnel Actions.--Except as provided 
in subsection (b), information relating to the titling or indexing of a 
member of the armed forces contained in any criminal investigative 
report prepared by any entity of the Department of Defense or index 
maintained by any entity of the Department of Defense for the purpose 
of potential retrieval and analysis by Department law enforcement 
organizations may not be used in connection with any personnel action 
involving the member.
    ``(b) Authorized Exceptions.--The prohibition in subsection (a) 
does not preclude the use of information relating to the titling or 
indexing of a member--
            ``(1) in connection with law enforcement activities;
            ``(2) in a judicial or administrative action involving the 
        member regarding the alleged offense referenced in the criminal 
        investigative report or index; or
            ``(3) in a personnel action if--
                    ``(A) the member has been adjudged guilty of the 
                alleged offense referenced in the criminal 
                investigative report or index by military non-judicial 
                or judicial proceedings or by civilian judicial 
                proceedings;
                    ``(B) a record of the proceedings is presented in 
                connection with the personnel action; and
                    ``(C) the member is provided the opportunity to 
                present additional information in response to the 
                record of the proceedings.
    ``(c) Definitions.--In this section:
            ``(1) Indexing.--The term `indexing' refers to the 
        procedure whereby a Department of Defense criminal 
        investigative agency submits identifying information concerning 
        subjects, victims, or incidentals of investigations for 
        addition to the Defense Clearance and Investigations Index.
            ``(2) Titling.--The term `titling' refers to the process by 
        which a Department of Defense criminal investigative agency 
        places the name of a person in the title block of a criminal 
        investigative report at a time when the agency has credible 
        information that the person committed a criminal offense. The 
        titling, however, does not connote any degree of guilt or 
        innocence.
            ``(3) Personnel action.--The term `personnel action', with 
        respect to a member, means any recommendation, action, or 
        decision impacting or affecting any aspect of the military 
        service of the member.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1034 the following new item:

``1034a. Criminal investigative report or index maintained for law 
                            enforcement retrieval and analysis: 
                            limitations on use in personnel actions.''.

SEC. 544. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE 
              MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A 
              CONTINGENCY OPERATION.

    (a) Child Custody Protection.--Title II of the Servicemembers Civil 
Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end 
the following new section:

``SEC. 208. CHILD CUSTODY PROTECTION.

    ``(a) Restriction on Change of Custody.--If a motion for change of 
custody of a child of a servicemember is filed while the servicemember 
is deployed in support of a contingency operation, no court may enter 
an order modifying or amending any previous judgment or order, or issue 
a new order, that changes the custody arrangement for that child that 
existed as of the date of the deployment of the servicemember, except 
that a court may enter a temporary custody order if the court finds 
that it is in the best interest of the child.
    ``(b) Completion of Deployment.--In any preceding covered under 
subsection (a), a court shall require that, upon the return of the 
servicemember from deployment in support of a contingency operation, 
the custody order that was in effect immediately preceding the date of 
the deployment of the servicemember is reinstated, unless the court 
finds that such a reinstatement is not in the best interest of the 
child, except that any such finding shall be subject to subsection (c).
    ``(c) Exclusion of Military Service From Determination of Child's 
Best Interest.--If a motion for the change of custody of the child of a 
servicemember is filed, no court may consider the absence of the 
servicemember by reason of deployment, or possibility of deployment, in 
determining the best interest of the child.
    ``(d) No Federal Right of Action.--Nothing in this section shall 
create a Federal right of action.
    ``(e) Preemption.--In any case where State or Federal law 
applicable to a child custody proceeding under State or Federal law 
provides a higher standard of protection to the rights of the parent 
who is a servicemember than the rights provided under this section, the 
State or Federal court shall apply the State or Federal standard.
    ``(f) Contingency Operation Defined.--In this section, the term 
`contingency operation' has the meaning given that term in section 
101(a)(13) of title 10, United States Code, except that the term may 
include such other deployments as the Secretary may prescribe.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to title 
II the following new item:

``208. Child custody protection.''.

SEC. 545. IMPROVEMENTS TO DEPARTMENT OF DEFENSE DOMESTIC VIOLENCE 
              PROGRAMS.

    (a) Immediate Actions Required.--
            (1) Entry of data into law enforcement systems.--The 
        Secretary of Defense shall ensure that all command actions 
        related to domestic violence incidents involving members of the 
        Army, Navy, Air Force, or Marine Corps are entered into all 
        Department of Defense law enforcement systems.
            (2) Issuance of family advocacy program guidance.--The 
        Secretary of Defense shall issue Department of Defense Family 
        Advocacy Program guidance.
    (b) Implementation of Outstanding Comptroller General 
Recommendations.--Consistent with the recommendations contained in the 
report of the Comptroller General of the United States titled ``Status 
of Implementation of GAO's 2006 Recommendations on the Department of 
Defense's Domestic Violence Program'' (GAO-10-577R), the Secretary of 
Defense shall complete, not later than 1 year after the date of 
enactment of this Act, implementation of actions to address the 
following recommendations:
            (1) Defense incident-based reporting system.--The Secretary 
        of Defense shall develop a comprehensive management plan to 
        address deficiencies in the data captured in the Defense 
        Incident-Based Reporting System to ensure the system can 
        provide an accurate count of the domestic violence incidents 
        that are reported throughout the Department of Defense.
            (2) Adequate personnel.--The Secretary of Defense shall 
        develop a plan to ensure that adequate personnel are available 
        to implement recommendations made by the Defense Task Force on 
        Domestic Violence.
            (3) Domestic violence training data for chaplains.--The 
        Secretary of Defense shall develop a plan to collect domestic 
        violence training data for chaplains.
            (4) Oversight framework.--The Secretary of Defense shall 
        develop an oversight framework for Department of Defense 
        domestic violence programs, to include oversight of 
        implementation of recommendations made by the Defense Task 
        Force on Domestic Violence, budgeting, and policy compliance.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report containing the planned actions required 
under subsections (a) and (b).

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.

    (a) Release Required.--Not later than 10 days after the date of the 
enactment of this Act, the Secretary of Defense shall release publicly 
the restricted annex, described in subsection (b), that was part of the 
January 2010 Department of Defense Report of the Independent Review 
Related to Fort Hood and the attack there on November 5, 2009.
    (b) Material Subject to Release; Exception.--The restricted annex 
referred to in subsection (a) is the document described on page 9 of 
the January 2010 Department of Defense Report of the Independent Review 
Related to Fort Hood, which provided the detailed findings, 
recommendations, and complete supporting discussions of the Independent 
Review pertaining to the oversight of the alleged perpetrator of the 
November 2009 attack. No part of the restricted annex shall be exempted 
from public release, except--
            (1) materials that the Secretary of Defense determines may 
        imperil, if disclosed, any criminal investigation or 
        prosecution related to the attack; and
            (2) in accordance with section 1102 of title 10, United 
        States Code, the memorandum summarizing the results of the 
        medical quality assurance records relating to the care provided 
        patients by the alleged perpetrator of the attack.

      Subtitle F--Member Education and Training Opportunities and 
                             Administration

SEC. 551. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS.

    (a) Enlisted Members on Active Duty in Specified Military 
Specialties.--Section 2171 of title 10, United States Code, is amended 
by adding at the end the following new subsections:
    ``(g) Except a person described in subsection (e) who transfers to 
service making the person eligible for repayment of loans under section 
16301 of this title, a member of the armed forces who fails to complete 
the period of service required to qualify for loan repayment under this 
section shall be subject to the repayment provisions of section 303a(e) 
of title 37.
    ``(h) The Secretary of Defense may prescribe, by regulations, 
procedures for implementing this section, including standards for 
qualified loans and authorized payees and other terms and conditions 
for making loan repayments. Such regulations may include exceptions 
that would allow for the payment as a lump sum of any loan repayment 
due to a member under a written agreement that existed at the time of a 
member's death or disability.''.
    (b) Members of Selected Reserve.--Section 16301 of such title is 
amended by adding at the end the following new subsections:
    ``(h) Except a person described in subsection (e) who transfers to 
service making the person eligible for repayment of loans under section 
2171 of this title, a member of the armed forces who fails to complete 
the period of service required to qualify for loan repayment under this 
section shall be subject to the repayment provisions of section 303a(e) 
of title 37.
    ``(i) The Secretary of Defense may prescribe, by regulations, 
procedures for implementing this section, including standards for 
qualified loans and authorized payees and other terms and conditions 
for making loan repayments. Such regulations may include exceptions 
that would allow for the payment as a lump sum of any loan repayment 
due to a member under a written agreement that existed at the time of a 
member's death or disability.''.

SEC. 552. ACTIVE DUTY OBLIGATION FOR GRADUATES OF THE MILITARY SERVICE 
              ACADEMIES PARTICIPATING IN THE ARMED FORCES HEALTH 
              PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.

    (a) United States Military Academy Graduates.--Section 4348(a) of 
title 10, United States Code, is amended by adding at the end the 
following new paragraph:
            ``(4) That if an appointment described in paragraph (2) or 
        (3) is tendered and the cadet participates in the Armed Forces 
        Health Professions Scholarship and Financial Assistance program 
        under subchapter I of chapter 105 of this title, the cadet will 
        fulfill any unserved obligation incurred under this section on 
        active duty, regardless of the type of appointment held, upon 
        completion of, and in addition to, any service obligation 
        incurred under section 2123 of this title for participation in 
        the program.''.
    (b) United States Naval Academy Graduates.--Section 6959(a) of such 
title is amended by adding at the end the following new paragraph:
            ``(4) That if an appointment described in paragraph (2) or 
        (3) is tendered and the midshipman participates in the Armed 
        Forces Health Professions Scholarship and Financial Assistance 
        program under subchapter I of chapter 105 of this title, the 
        midshipman will fulfill any unserved obligation incurred under 
        this section on active duty, regardless of the type of 
        appointment held, upon completion of, and in addition to, any 
        service obligation incurred under section 2123 of this title 
        for participation in the program.''.
    (c) United States Air Force Academy Graduates.--Section 9348(a) of 
such title is amended by adding at the end the following new paragraph:
            ``(4) That if an appointment described in paragraph (2) or 
        (3) is tendered and the cadet participates in the Armed Forces 
        Health Professions Scholarship and Financial Assistance program 
        under subchapter I of chapter 105 of this title, the cadet will 
        fulfill any unserved obligation incurred under this section on 
        active duty, regardless of the type of appointment held, upon 
        completion of, and in addition to, any service obligation 
        incurred under section 2123 of this title for participation in 
        the program.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to appointments to the United States Military 
Academy, the United States Naval Academy, and the United States Air 
Force Academy beginning with the first class of candidates nominated 
for appointment to these military service academies after the date of 
the enactment of this Act.

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.

    (a) Waiver Authority.--The Secretary of the military department 
concerned may waive the maximum age limitation specified in section 
4346(a), 6958(a)(1), or 9346(a) of title 10, United States Code, for 
the admission of a candidate to the United States Military Academy, the 
United States Naval Academy, or the United States Air Force Academy, if 
the candidate, otherwise satisfies the eligibility requirements for 
admission to that academy, and--
            (1) is an enlisted member of the Armed Forces and, as a 
        result of service on active duty in a theater of operations for 
        Operation Iraqi Freedom or Operation Enduring Freedom, was or 
        is prevented from being admitted to that academy before the 
        member reached the maximum age specified in such sections; or
            (2) possesses an exceptional overall record that the 
        Secretary concerned determines sets the candidate apart from 
        all other candidates.
    (b) Limitation of Waiver.--
            (1) Maximum age.--A waiver may not be granted under 
        subsection (a) to a member of the Armed Forces described in 
        such subsection if the member would pass the member's twenty-
        sixth birthday by July 1 of the year in which the member would 
        enter the military service academy.
            (2) Maximum number.--No more than five members of the Armed 
        Forces may attend each of the military service academies at any 
        one time pursuant to a waiver granted under subsection (a)(2).
    (c) Duration of Waiver Authority.--The authority to grant a waiver 
under subsection (a) expires on September 30, 2015.

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.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to Congress a report, 
prepared in consultation with the Secretary of the Air Force, 
evaluating the feasibility and cost of authorizing enlisted members of 
the Army, Navy, Marine Corps and Coast Guard to enroll in Community 
College of the Air Force programs offered under section 9315 of title 
10, United States Code.

               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.

    (a) Assistance to Schools With Significant Numbers of Military 
Dependent Students.--Of the amount authorized to be appropriated for 
fiscal year 2011 pursuant to section 301(5) for operation and 
maintenance for Defense-wide activities, $50,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (a) of section 572 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3271; 20 U.S.C. 7703b).
    (b) Assistance to Schools With Enrollment Changes Due to Base 
Closures, Force Structure Changes, or Force Relocations.--Of the amount 
authorized to be appropriated for fiscal year 2011 pursuant to section 
301(5) for operation and maintenance for Defense-wide activities, 
$15,000,000 shall be available only for the purpose of providing 
assistance to local educational agencies under subsection (b) of such 
section 572.
    (c) Local Educational Agency Defined.--In this section, the term 
``local educational agency'' has the meaning given that term in section 
8013(9) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7713(9)).

SEC. 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.

    Section 2164(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3)(A) The Secretary may, at the discretion of the Secretary, 
permit dependents of members of the armed forces described in 
subparagraph (B) to enroll in an educational program provided by the 
Secretary pursuant to this subsection without regard to the requirement 
in paragraph (1) with respect to residence on a military installation.
    ``(B) Subparagraph (A) applies only if--
            ``(i) the dependents reside in temporary housing 
        (regardless of whether the temporary housing is on Federal 
        property) in lieu of permanent living quarters on a military 
        installation; and
            ``(ii) the Secretary determines that the circumstances of 
        such living arrangements justify extending the enrollment 
        authority to include such dependents.
    ``(C) The Secretary shall prescribe regulations to ensure 
consistent application of this paragraph.''.

          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.

    Section 1130(b) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) If a determination under this section includes a favorable 
recommendation for the award of the Medal of Honor, submission of the 
detailed discussion of the rationale supporting the determination shall 
be made through the Secretary of Defense.''.

SEC. 572. DEPARTMENT OF DEFENSE RECOGNITION OF SPOUSES OF MEMBERS OF 
              THE ARMED FORCES.

    (a) Establishment and Presentation of Lapel Buttons.--Chapter 57 of 
title 10, United States Code, is amended by inserting after section 
1126 the following new section:
``Sec. 1126a. Spouse of combat veteran lapel button: eligibility and 
              presentation
    ``(a) Design and Eligibility.--A lapel button, to be known as the 
spouse-of-a-combat-veteran lapel button, shall be designed, as approved 
by the Secretary of Defense, to identify and recognize the spouse of a 
member of the armed forces who is serving or has served in a combat 
zone for a period of more than 30 days.
    ``(b) Presentation.--The Secretary concerned may authorize the use 
of appropriated funds to procure spouse-of-a-combat-veteran lapel 
buttons and to provide for their presentation to eligible spouses of 
members.
    ``(c) Exception to Time Period Requirement.--The 30-day periods 
specified in subsections (a) and (b) do not apply if the member is 
killed or wounded in the combat zone before the expiration the period.
    ``(d) License To Manufacture and Sell Lapel Buttons.--Section 
901(c) of title 36 shall apply with respect to the spouse-of-a-combat-
veteran lapel button authorized by this section.
    ``(e) Combat Zone Defined.--In this section, the term `combat zone' 
has the meaning given that term in section 112(c)(2) of the Internal 
Revenue Code of 1986.
    ``(f) Regulations.--The Secretary of Defense shall issue such 
regulations as may be necessary to carry out this section. The 
Secretary shall ensure that the regulations are uniform for each armed 
force to the extent practicable.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1126 the following new item:

``1126a. Spouse-of-a-combat-veteran lapel button: eligibility and 
                            presentation.''.
    (c) Implementation.--It is the sense of Congress that, as soon as 
practicable once the spouse-of-a-combat-veteran lapel button become 
available, the Secretary of Defense--
            (1) should widely announce the availability of spouse-of-a-
        combat-veteran lapel buttons through military and public 
        information channels; and
            (2) should encourage commanders at all levels to conduct 
        ceremonies recognizing the support provided by spouses of 
        members of the Armed Forces and to use the ceremonies as an 
        opportunity for members to present their spouses with a spouse-
        of-a-combat-veteran lapel button.

SEC. 573. DEPARTMENT OF DEFENSE RECOGNITION OF CHILDREN OF MEMBERS OF 
              THE ARMED FORCES.

    (a) Establishment and Presentation of Lapel Buttons.--Chapter 57 of 
title 10, United States Code, is amended by inserting after section 
1126a, as added by section 572, the following new section:
``Sec. 1126b. Children of members commemorative lapel button: 
              eligibility and presentation
    ``(a) Design and Eligibility.--A lapel button, to be known as the 
children of military service members commemorative lapel button, shall 
be designed, as approved by the Secretary of Defense, to identify and 
recognize an eligible child dependent of a member of the armed forces 
who serves on active duty for a period of more than 30 days.
    ``(b) Presentation.--The Secretary concerned may authorize the use 
of appropriated funds to procure children of military service members 
commemorative lapel buttons and to provide for their presentation to 
eligible child dependents.
    ``(c) License To Manufacture and Sell Lapel Buttons.--Section 
901(c) of title 36 shall apply with respect to the children of military 
service members commemorative lapel button authorized by this section.
    ``(d) Eligible Child Dependent Defined.--In this section, the term 
`eligible child dependent' means a dependent of a member of the armed 
forces described in subparagraph (D) or (I) of section 1072(2) of this 
title.
    ``(e) Regulations.--The Secretary of Defense shall issue such 
regulations as may be necessary to carry out this section. The 
Secretary shall ensure that the regulations are uniform for each armed 
force to the extent practicable.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1126a the following new item:

``1126b. Children of members commemorative lapel button: eligibility 
                            and presentation.''.
    (c) Implementation.--It is the sense of Congress that, as soon as 
practicable once the children of military service members commemorative 
lapel button become available, the Secretary of Defense--
            (1) should widely announce the availability of children of 
        military service members commemorative lapel buttons through 
        military and public information channels; and
            (2) should encourage commanders at all levels to conduct 
        ceremonies recognizing the support provided by children of 
        members of the Armed Forces and to use the ceremonies as an 
        opportunity for members to present their children with a 
        children of military service members commemorative lapel 
        button.

SEC. 574. CLARIFICATION OF PERSONS ELIGIBLE FOR AWARD OF BRONZE STAR 
              MEDAL.

    (a) Limitation on Eligible Persons.--Section 1133 of title 10, 
United States Code, is amended to read as follows:
``Sec. 1133. Bronze Star: limitation on persons eligible to receive
    ``The decoration known as the `Bronze Star' may only be awarded to 
a member of a military force who--
            ``(1) at the time of the events for which the decoration is 
        to be awarded, was serving in a geographic area in which 
        special pay is authorized under section 310 or paragraph (1) or 
        (3) of section 351(a) of title 37; or
            ``(2) receives special pay under section 310 or paragraph 
        (1) or (3) of section 351(a) of title 37 as a result of those 
        events.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 57 of such title is amended by striking the item relating to 
section 1133 and inserting the following new item:

``1133. Bronze Star: limitation on persons eligible to receive.''.
    (c) Application of Amendment.--The amendment made by subsection (a) 
applies to the award of the Bronze Star after October 30, 2000.

SEC. 575. AWARD OF VIETNAM SERVICE MEDAL TO VETERANS WHO PARTICIPATED 
              IN MAYAGUEZ RESCUE OPERATION.

    (a) In General.--The Secretary of the military department concerned 
shall, upon the application of an individual who is an eligible 
veteran, award that individual the Vietnam Service Medal, 
notwithstanding any otherwise applicable requirements for the award of 
that medal. Any such award shall be made in lieu of any Armed Forces 
Expeditionary Medal awarded the individual for the individual's 
participation in the Mayaguez rescue operation.
    (b) Eligible Veteran.--For purposes of this section, the term 
``eligible veteran'' means a member or former member of the Armed 
Forces who was awarded the Armed Forces Expeditionary Medal for 
participation in military operations known as the Mayaguez rescue 
operation of May 12-15, 1975.

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.

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons 
who served in the Armed Forces, the President is authorized to award 
the Medal of Honor under section 3741 of such title to the following 
former members of the Army for conspicuous acts of gallantry and 
intrepidity at the risk of their life and beyond the call of duty, as 
described in subsection (b):
            (1) First Lieutenant Alonzo H. Cushing, Civil War.
            (2) Private John A. Sipe, Civil War.
            (3) Chaplain (Captain) Emil J. Kapaun, Korean War.
            (4) Specialist Four Robert L. Towles, Vietnam War.
    (b) Acts of Valor Described.--
            (1) First lieutenant alonzo h. cushing.--In the case of 
        First Lieutenant Alonzo H. Cushing, the acts of valor referred 
        to in subsection (a) are the actions of then First Lieutenant 
        Alonzo H. Cushing while in command of Battery A, 4th United 
        States Artillery, Army of the Potomac, at Gettysburg, 
        Pennsylvania, on July 3, 1863, during the American Civil War.
            (2) Private john a. sipe.--In the case of Private John A. 
        Sipe, the acts of valor referred to in subsection (a) are the 
        actions of then Private John A. Sipe of Company I of the 205th 
        Regiment Pennsylvania Volunteers, part of the 2d Brigade, 3d 
        Division, 9th Corps, Army of the Potomac, on March 25, 1865, 
        during the American Civil War.
            (3) Chaplain emil j. kapaun.--In the case of Chaplain 
        (Captain) Emil J. Kapaun, the acts of valor referred to in 
        subsection (a) are the actions of Chaplain Emil J. Kapaun of 3d 
        Battalion, 8th Cavalry Regiment, 1st Cavalry Division during 
        the Battle of Unsan on November 1 and 2, 1950, and while a 
        prisoner of war until his death on May 23, 1952, during the 
        Korean War.
            (4) Specialist four robert l. towles.--In the case of 
        Specialist Four Robert L. Towles, the acts of valor referred to 
        in subsection (a) are the actions of then Specialist Four 
        Robert L. Towles of Company D, 2d Battalion, 7th Cavalry, 1st 
        Cavalry Division on November 17, 1965, during the Vietnam War 
        for which he was originally awarded the Bronze Star with ``V'' 
        Device.

SEC. 577. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE 
              CROSS TO JAY C. COPLEY FOR ACTS OF VALOR DURING THE 
              VIETNAM WAR.

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons 
who served in the Armed Forces, the Secretary of the Army is authorized 
and requested to award the Distinguished-Service Cross under section 
3742 of such title to former Captain Jay C. Copley of the United States 
Army for the acts of valor during the Vietnam War described in 
subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of then Captain Jay C. Copley on May 5, 
1968, as commander of Company C of the 1st Battalion, 50th Infantry, 
173d Airborne Brigade during an engagement with a regimental-size enemy 
force in Bin Dinh Province, South Vietnam.

SEC. 578. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY OF THE KOREAN WAR.

    (a) Commemorative Program Authorized.--The Secretary of Defense may 
establish and conduct a program to commemorate the 60th anniversary of 
the Korean War (in this section referred to as the ``commemorative 
program''). In conducting the commemorative program, the Secretary 
shall coordinate and support other programs and activities of the 
Federal Government, State and local governments, and other persons and 
organizations in commemoration of the Korean War.
    (b) Schedule.--If the Secretary of Defense establishes the 
commemorative program, the Secretary shall determine the schedule of 
major events and priority of efforts for the commemorative program to 
achieve the commemorative objectives specified in subsection (c). The 
Secretary may establish a committee to assist the Secretary in 
determining the schedule and conducting the commemorative program.
    (c) Commemorative Activities and Objectives.--The commemorative 
program may include activities and ceremonies to achieve the following 
objectives:
            (1) To thank and honor veterans of the Korean War, 
        including members of the Armed Forces who were held as 
        prisoners of war or listed as missing in action, for their 
        service and sacrifice on behalf of the United States.
            (2) To thank and honor the families of veterans of the 
        Korean War for their sacrifices and contributions, especially 
        families who lost a loved one in the Korean War.
            (3) To highlight the service of the Armed Forces during the 
        Korean War and the contributions of Federal agencies and 
        governmental and non-governmental organizations that served 
        with, or in support of, the Armed Forces.
            (4) To pay tribute to the sacrifices and contributions made 
        on the home front by the people of the United States during the 
        Korean War.
            (5) To provide the people of the United States with a clear 
        understanding and appreciation of the lessons and history of 
        the Korean War.
            (6) To highlight the advances in technology, science, and 
        medicine related to military research conducted during the 
        Korean War.
            (7) To recognize the contributions and sacrifices made by 
        the allies of the United States during the Korean War.
    (d) Use of The United States of America Korean War Commemoration 
and Symbols.--Subsection (c) of section 1083 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 
1918), as amended by section 1067 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 2134) and section 1052 of the National Defense Authorization Act 
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 764), shall apply to 
the commemorative program.
    (e) Commemorative Fund.--
            (1) Establishment of new account.--If the Secretary of 
        Defense establishes the commemorative program, the Secretary 
        the Treasury shall establish in the Treasury of the United 
        States an account to be known as the ``Department of Defense 
        Korean War Commemoration Fund'' (in this section referred to as 
        the ``Fund'').
            (2) Administration and use of fund.--The Fund shall be 
        available to, and administered by, the Secretary of Defense. 
        The Secretary shall use the assets of the Fund only for the 
        purpose of conducting the commemorative program and shall 
        prescribe such regulations regarding the use of the Fund as the 
        Secretary considers to be necessary.
            (3) Deposits.--There shall be deposited into the Fund the 
        following:
                    (A) Amounts appropriated to the Fund.
                    (B) Proceeds derived from the use by the Secretary 
                of Defense of the exclusive rights described in 
                subsection (c) of section 1083 of the National Defense 
                Authorization Act for Fiscal Year 1998 (Public Law 105-
                85; 111 Stat. 1918).
                    (C) Donations made in support of the commemorative 
                program by private and corporate donors.
            (4) Availability.--Subject to paragraph (5), amounts in the 
        Fund shall remain available until expended.
            (5) Treatment of unobligated funds; transfer.--If 
        unobligated amounts remain in the Fund as of September 30, 
        2013, the Secretary of the Treasury shall transfer the amounts 
        to the Department of Defense Vietnam War Commemorative Fund 
        established pursuant to section 598(e) of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 
        U.S.C. 113 note). The transferred amounts shall be merged with, 
        and available for the same purposes as, other amounts in the 
        Department of Defense Vietnam War Commemorative Fund.
    (f) Acceptance of Voluntary Services.--
            (1) Authority to accept services.--Notwithstanding section 
        1342 of title 31, United States Code, the Secretary of Defense 
        may accept from any person voluntary services to be provided in 
        furtherance of the commemorative program. The Secretary shall 
        prohibit the solicitation of any voluntary services if the 
        nature or circumstances of such solicitation would compromise 
        the integrity or the appearance of integrity of any program of 
        the Department of Defense or of any individual involved in the 
        program.
            (2) Compensation for work-related injury.--A person 
        providing voluntary services under this subsection shall be 
        considered to be a Federal employee for purposes of chapter 81 
        of title 5, United States Code, relating to compensation for 
        work-related injuries. The person shall also be considered a 
        special governmental employee for purposes of standards of 
        conduct and sections 202, 203, 205, 207, 208, and 209 of title 
        18, United States Code. A person who is not otherwise employed 
        by the Federal Government shall not be considered to be a 
        Federal employee for any other purpose by reason of the 
        provision of voluntary services under this subsection.
            (3) Reimbursement of incidental expenses.--The Secretary 
        may provide for reimbursement of incidental expenses incurred 
        by a person providing voluntary services under this subsection. 
        The Secretary shall determine which expenses are eligible for 
        reimbursement under this paragraph.
    (g) Report Required.--If the Secretary of Defense conducts the 
commemorative program, the Inspector General of the Department of 
Defense shall submit to Congress, not later than 60 days after the end 
of the commemorative program, a report containing an accounting of--
            (1) all of the funds deposited into and expended from the 
        Fund;
            (2) any other funds expended under this section; and
            (3) any unobligated funds remaining in the Fund as of 
        September 30, 2013, that are transferred to the Department of 
        Defense Vietnam War Commemorative Fund pursuant to subsection 
        (e)(5).
    (h) Limitation on Expenditures.--Using amounts appropriated to the 
Department of Defense, the Secretary of Defense may not expend more 
than $5,000,000 to carry out the commemorative program.

SEC. 579. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.

    (a) Army.--
            (1) In general.--Chapter 357 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 3757. Combat Medevac Badge
    ``(a) Issuance.--The Secretary of the Army shall issue a badge of 
appropriate design, to be known as the Combat Medevac Badge, to each 
person who while a member of the Army served in combat on or after June 
25, 1950, as a pilot or crew member of a helicopter medical evacuation 
ambulance and who meets the requirements for the award of that badge.
    ``(b) Eligibility Requirements.--The Secretary of the Army shall 
prescribe requirements for eligibility for the Combat Medevac Badge.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``3757. Combat Medevac Badge.''.
    (b) Navy and Marine Corps.--
            (1) In general.--Chapter 567 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 6259. Combat Medevac Badge
    ``(a) Issuance.--The Secretary of the Navy shall issue a badge of 
appropriate design, to be known as the Combat Medevac Badge, to each 
person who while a member of the Navy or Marine Corps served in combat 
on or after June 25, 1950, as a pilot or crew member of a helicopter 
medical evacuation ambulance and who meets the requirements for the 
award of that badge.
    ``(b) Eligibility Requirements.--The Secretary of the Navy shall 
prescribe requirements for eligibility for the Combat Medevac Badge.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``6259. Combat Medevac Badge.''.
    (c) Air Force.--
            (1) In general.--Chapter 857 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 8757. Combat Medevac Badge
    ``(a) Issuance.--The Secretary of the Air Force shall issue a badge 
of appropriate design, to be known as the Combat Medevac Badge, to each 
person who while a member of the Air Force served in combat on or after 
June 25, 1950, as a pilot or crew member of a helicopter medical 
evacuation ambulance and who meets the requirements for the award of 
that badge.
    ``(b) Eligibility Requirements.--The Secretary of the Air Force 
shall prescribe requirements for eligibility for the Combat Medevac 
Badge.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``8757. Combat Medevac Badge.''.
    (d) Award for Service Before Date of Enactment.--In the case of 
persons who, while a member of the Armed Forces, served in combat as a 
pilot or crew member of a helicopter medical evacuation ambulance 
during the period beginning on June 25, 1950, and ending on the date of 
enactment of this Act, the Secretary of the military department 
concerned shall issue the Combat Medevac Badge--
            (1) to each such person who is known to the Secretary 
        before the date of enactment of this Act; and
            (2) to each such person with respect to whom an application 
        for the issuance of the badge is made to the Secretary after 
        such date in such manner, and within such time period, as the 
        Secretary may require.

SEC. 580. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

    (a) Authority To Award.--The Secretary of the Army may award the 
Army Combat Action Badge (established by order of the Secretary of the 
Army through Headquarters, Department of the Army Letter 600-05-1, 
dated June 3, 2005) to a person who, while a member of the Army, 
participated in combat during which the person personally engaged, or 
was personally engaged by, the enemy at any time during the period 
beginning on December 7, 1941, and ending on September 18, 2001 (the 
date of the otherwise applicable limitation on retroactivity for the 
award of such decoration), if the Secretary determines that the person 
has not been previously recognized in an appropriate manner for such 
participation.
    (b) Procurement of Badge.--The Secretary of the Army may make 
arrangements with suppliers of the Army Combat Action Badge so that 
eligible recipients of the Army Combat Action Badge pursuant to 
subsection (a) may procure the badge directly from suppliers, thereby 
eliminating or at least substantially reducing administrative costs for 
the Army to carry out this section.

SEC. 580A. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO JEWISH AMERICAN 
              WORLD WAR I VETERANS.

    (a) Review Required.--The Secretary of the Army and the Secretary 
of the Navy shall review the service records of each Jewish American 
World War I veteran described in subsection (b) to determine whether 
that veteran should be posthumously awarded the Medal of Honor.
    (b) Covered Jewish American War Veterans.--The Jewish American 
World War I veterans whose service records are to be reviewed under 
subsection (a) are the following:
            (1) Any Jewish American World War I veteran who was 
        previously awarded the Distinguished Service Cross, the Navy 
        Cross, or other military decoration for service during World 
        War I.
            (2) Any other Jewish American World War I veteran whose 
        name is submitted to the Secretary concerned for such purpose 
        by the Jewish War Veterans of the United States of America 
        before the end of the 1-year period beginning on the date of 
        the enactment of this Act.
    (c) Consultations.--In carrying out the review under subsection 
(a), the Secretary concerned shall consult with the Jewish War Veterans 
of the United States of America and with such other veterans service 
organizations as the Secretary considers appropriate.
    (d) Recommendation Based on Review.--If the Secretary concerned 
determines, based upon the review under subsection (a) of the service 
records of any Jewish American World War I veteran, that the award of 
the Medal of Honor to that veteran is warranted, the Secretary shall 
submit to the President a recommendation that the President award the 
Medal of Honor posthumously to that veteran.
    (e) Authority to Award Medal of Honor.--A Medal of Honor may be 
awarded posthumously to a Jewish American World War I veteran in 
accordance with a recommendation of the Secretary concerned under 
subsection (a).
    (f) Waiver of Time Limitations.--An award of the Medal of Honor may 
be made under subsection (e) without regard to--
            (1) section 3744, 6248, or 8744 of title 10, United States 
        Code; and
            (2) any regulation or other administrative restriction on--
                    (A) the time for awarding the Medal of Honor; or
                    (B) the awarding of the Medal of Honor for service 
                for which a Distinguished Service Cross, Navy Cross, or 
                other military decoration has been awarded.
    (g) Definitions.--In this section:
            (1) The term ``Jewish American World War I veteran'' means 
        any person who served in the Armed Forces during World War I 
        and identified himself or herself as Jewish on his or her 
        military personnel records.
            (2) The term ``Secretary concerned'' means--
                    (A) the Secretary of the Army, in the case of the 
                Army; and
                    (B) the Secretary of the Navy, in the case of the 
                Navy and the Marine Corps.
            (3) The term ``World War I'' means the period beginning on 
        April 6, 1917, and ending on November 11, 1918.

             Subtitle I--Military Family Readiness Matters

SEC. 581. APPOINTMENT OF ADDITIONAL MEMBER OF DEPARTMENT OF DEFENSE 
              MILITARY FAMILY READINESS COUNCIL.

    (a) Inclusion of Spouse of General or Flag Officer.--Subsection (b) 
of section 1781a of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (B) by inserting after subparagraph (D) the 
                following new subparagraph:
            ``(E) The spouse of a general or flag officer.''; and
            (2) in paragraph (2), by striking ``subparagraphs (C) and 
        (D)'' and inserting ``subparagraphs (C), (D), and (E)''.
    (b) Clarification of Appointment Options for Existing Member.--
Subparagraph (F) of subsection (b)(1) of such section, as redesignated 
by subsection (a)(1)(A), is amended to read as follows:
            ``(F) In addition to the representatives appointed under 
        subparagraphs (B) and (C), the senior enlisted advisor, or the 
        spouse of a senior enlisted member, from each of the Army, 
        Navy, Marine Corps, and Air Force.''.
    (c) Appointment by Secretary of Defense.--Subsection (b) of such 
section is further amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``, who shall 
                be appointed by the Secretary of Defense'';
                    (B) in subparagraph (C), by striking ``, who shall 
                be appointed by the Secretary of Defense'' both places 
                it appears; and
                    (C) in subparagraph (D), by striking ``by the 
                Secretary of Defense''; and
            (2) by adding at the end the following new paragraph:
    ``(3) The Secretary of Defense shall appoint the members of the 
Council required by subparagraphs (B) through (F) of paragraph (1).''.

SEC. 582. DIRECTOR OF THE OFFICE OF COMMUNITY SUPPORT FOR MILITARY 
              FAMILIES WITH SPECIAL NEEDS.

    Subsection (c) of section 1781c of title 10, United States Code, is 
amended to read as follows:
    ``(c) Director.--(1) The head of the Office shall be the Director 
of the Office of Community Support for Military Families With Special 
Needs, who shall be a member of the Senior Executive Service or a 
general officer or flag officer.
    ``(2) In the discharge of the responsibilities of the Office, the 
Director shall be subject to the supervision, direction, and control of 
the Under Secretary of Defense for Personnel and Readiness.''.

SEC. 583. PILOT PROGRAM OF PERSONALIZED CAREER DEVELOPMENT COUNSELING 
              FOR MILITARY SPOUSES.

    (a) Pilot Program Required.--Section 1784a of title 10, United 
States Code, is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Personalized Career Development Counseling.--
            ``(1) Pilot program required.--The Secretary of Defense 
        shall conduct a pilot program designed to provide personalized 
        career development counseling to the spouses of members of the 
        armed forces eligible for assistance under this section, 
        including  the development of strategies, step-by-step 
        guidelines, and customizable milestones--
                    ``(A) to promote a comprehensive, introspective 
                review of personal skills, experience, goals, and 
                requirements with a view to developing a personalized 
                plan for career development;
                    ``(B) to identify career options that are portable, 
                personally rewarding, and compatible with personal 
                strengths, skills, and experience;
                    ``(C) to instruct and encourage the use of sound 
                personal and professional management practices; and
                    ``(D) to plan career attainment progression 
                objectives and measure progress.
            ``(2) Incentives to fill critical civilian specialties.--In 
        conducting the pilot program, the Secretary shall consider 
        methods to provide incentives for program participants to fill 
        critical civilian specialties needed in the Department of 
        Defense, including the following:
                    ``(A) Mental health and other health care.
                    ``(B) Social work.
                    ``(C) Family welfare.
                    ``(D) Contract and acquisition management.
                    ``(E) Personal financial management.
                    ``(F) Day care services.
                    ``(G) Education.
                    ``(H) Military resale system.
                    ``(I) Morale, welfare and recreation activities.
                    ``(J) Law enforcement.
            ``(3) Process reviews.--The Secretary shall include in the 
        pilot program a periodic review, to be conducted by counselors, 
        of progress made by participants to determine if changes to 
        personal career strategies may be necessary.
            ``(4) Number of participants.--The Secretary of Defense 
        shall enroll at least 75 military spouses in the pilot program, 
        but not more than 150 military spouses.
            ``(5) Geographic coverage of pilot program.--The pilot 
        program shall be conducted in at least three separate 
        geographic areas, as determined by the Secretary of Defense.
            ``(6) Counselors.--The Secretary of Defense may enter into 
        contracts with career counselors to provide counseling services 
        under the pilot program. There shall be at least one counselor 
        in each of the geographic areas of the pilot program.
            ``(7) Annual evaluation.--The Secretary of Defense shall 
        conduct an annual evaluation of the pilot program to determine 
        the following:
                    ``(A) The effectiveness of the pilot program in 
                improving the ability of participants to identify, 
                develop, and obtain employment in portable career 
                fields.
                    ``(B) The self-reported levels of professional 
                satisfaction of participants.
                    ``(C) The quality of careers selected and pursued.
                    ``(D) The rates of success--
                            ``(i) as determined and evaluated by 
                        participants; and
                            ``(ii) as determined by the Secretary.
            ``(8) Annual report.--
                    ``(A) Report required.--The Secretary of Defense 
                shall submit to the Committees on Armed Services of the 
                Senate and the House of Representatives an annual 
                report containing--
                            ``(i) the results of the most-recent annual 
                        evaluation conducted under paragraph (7); and
                            ``(ii) the matters required by subparagraph 
                        (B).
                    ``(B) Contents.--Each report under this paragraph 
                shall contain, at a minimum, the following:
                            ``(i) The number of participants in the 
                        pilot program.
                            ``(ii) Recommendations for adjustments to 
                        the pilot program.
                            ``(iii) Recommendations for extending the 
                        pilot program or implementing a permanent 
                        comprehensive career development for military 
                        spouses.
                    ``(C) Time for submission.--The first report under 
                this subsection shall be submitted not later than 1 
                year after the date of the commencement of counseling 
                services under the pilot program. Subsequent reports 
                shall be submitted for each year of the pilot program, 
                with the final report being submitted not later than 90 
                days after the termination of the pilot program.
            ``(9) Termination.--The pilot program shall terminate at 
        the end of the 3-year period beginning on the date on which the 
        Secretary of Defense notifies the Committees on Armed Services 
        of the Senate and the House of Representatives of the 
        commencement of counseling services under the pilot program.''.
    (b) Implementation Plan.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to 
Committees on Armed Services of the Senate and the House of 
Representatives a plan to implement the pilot program under subsection 
(d) of section 1784a of title 10, United States Code, as added by 
subsection (a).

SEC. 584. MODIFICATION OF YELLOW RIBBON REINTEGRATION PROGRAM.

    (a) Office for Reintegration Programs.--Subsection (d)(1) of 
section 582 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 10 U.S.C. 10101 note) is amended--
            (1) by striking ``The Under'' and inserting the following:
                    ``(A) In general.--The Under''; and
            (2) in the last sentence--
                    (A) by striking ``The office may also'' and 
                inserting the following:
                    ``(B) Partnerships and access.--The office may'';
                    (B) by inserting ``and the Department of Veterans 
                Affairs'' after ``Administration''; and
                    (C) by adding at the end the following new 
                sentence: ``Service and State-based programs may 
                provide access to curriculum, training, and support for 
                services to members and families from all 
                components.''.
    (b) Center for Excellence in Reintegration.--Subsection (d)(2) of 
such section is amended by adding at the end the following new 
sentence: ``The Center shall develop and implement a process for 
evaluating the effectiveness of the Yellow Ribbon Reintegration Program 
in supporting the health and well-being of members of the Armed Forces 
and their families throughout the deployment cycle described in 
subsection (g)''.
    (c) State Deployment Cycle Support Teams.--Subsection (f)(3) of 
such section is amended by inserting ``and community-based 
organizations'' after ``service providers''.
    (d) Operation of Program During Deployment and Post-deployment-
reconstitution Phases.--Subsection (g) of such section is amended--
            (1) in paragraph (3), by inserting ``and to decrease the 
        isolation of families during deployment'' after ``combat 
        zone''; and
            (2) in paragraph (5)(A), by inserting ``, providing 
        information on employment opportunities,'' after 
        ``communities''.
    (e) Additional Outreach Service.--Subsection (h) of such section, 
as amended by section 595(1) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 110-84; 123 Stat. 2338), is amended by 
adding at the end the following new paragraph:
            ``(15) Resiliency training to promote comprehensive 
        programs for members of the Armed Forces to build mental and 
        emotional resiliency for successfully meeting the demands of 
        the deployment cycle.''.

SEC. 585. IMPORTANCE OF OFFICE OF COMMUNITY SUPPORT FOR MILITARY 
              FAMILIES WITH SPECIAL NEEDS.

    (a) Sense of Congress.--It is the sense of Congress that the Office 
of Community Support for Military Families with Special Needs, as 
established pursuant to section 1781c of title 10, United States Code, 
as added by section 563 of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2304), is the best 
structure--
            (1) to determine what medical, educational, and other 
        support services are required by military families with 
        children who have a medical or educational special need; and
            (2) to ensure that those services are made available to 
        military families with special needs.
    (b) Specific Budgeting for Office.--Effective with the Program 
Objective Memorandum to be issued for fiscal year 2012 and thereafter 
and containing recommended programming and resource allocations for the 
Department of Defense, the Secretary of Defense shall specifically 
address the Office of Community Support for Military Families with 
Special Needs to ensure that a separate line of funding is allocated to 
the Office.

SEC. 586. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE OFFICE OF 
              COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL 
              NEEDS.

    (a) Report Required.--The Comptroller General of the United States 
shall prepare a report identifying--
            (1) the progress made in implementing the Office of 
        Community Support for Military Families with Special Needs, as 
        established pursuant to section 1781c of title 10, United 
        States Code, as added by section 563 of the National Defense 
        Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
        Stat. 2304);
            (2) the policies governing the operation of the Office; and
            (3) any gaps that still exist in ensuring that members of 
        the Armed Forces who have dependents with special needs receive 
        the support and services they deserve.
    (b) Elements of Report.--In the report required by subsection (a), 
the Comptroller General shall specifically address the following:
            (1) The implementation of the responsibilities and duties 
        assigned to the Office of Community Support for Military 
        Families With Special Needs pursuant to subsections (d), (e), 
        and (f) of section 1781c of title 10, United States Code.
            (2) The manner in which the Department of Defense and the 
        military departments intend to ensure that feedback is provided 
        to the Office of Community Support for Military Families With 
        Special Needs to ensure that the services and policy put in 
        place are appropriate.
    (c) Recommendations.--The Comptroller General shall include in the 
report required by subsection (a) specific recommendations on the 
establishment, reporting requirements, internal monitoring, and 
oversight of the Office of Community Support for Military Families With 
Special Needs by the Under Secretary of Defense for Personnel and 
Readiness to ensure that the mission of the Office is being 
accomplished.
    (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit the report 
required by subsection (a) to the congressional defense committees.

SEC. 587. COMPTROLLER GENERAL REPORT ON EXCEPTIONAL FAMILY MEMBER 
              PROGRAM.

    (a) Assessment Required.--The Comptroller General of the United 
States shall conduct an assessment of the Exceptional Family Member 
Program of the Department of Defense to review the operation of the 
program in each of the Armed Forces, including program policies, best 
practices, execution, implementation and strategic planning, to 
determine program variances and to make recommendations to improve and 
standardize program effectiveness and support for members of the Armed 
Forces who have dependents with special needs.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees a report containing the results of the 
assessment and review under subsection (a).

SEC. 588. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE MILITARY 
              SPOUSE EMPLOYMENT PROGRAMS.

    (a) Comptroller General Review.--The Comptroller General of the 
United States shall carry out a review of all Department of Defense 
spouse employment programs.
    (b) Elements of Review.--At a minimum, the review shall address the 
following:
            (1) The efficacy and effectiveness of Department of Defense 
        spouse employment programs.
            (2) All current Department of Defense programs that are in 
        place to support military spouses or dependents for the 
        purposes of employment assistance.
            (3) The types of military spouse employment programs that 
        have been considered or used in the past by the Department of 
        Defense.
            (4) The ways in which military spouse employment programs 
        have changed in recent years.
            (5) The benefits or programs that are specifically 
        available to support military spouses of members of the Armed 
        Forces serving in Operation Iraqi Freedom or Operation Enduring 
        Freedom.
            (6) The existing feedback mechanisms available for military 
        spouses to express their views on the effectiveness and future 
        direction of relevant Department of Defense programs and 
        policies.
            (7) The degree of oversight provided by the Office of 
        Personnel and Management regarding military spouse preferences.
    (c) Submission of Results.--Not later than March 1, 2011, the 
Comptroller General shall submit to the congressional defense 
committees a report containing--
            (1) the results of the review;
            (2) the assumptions upon which the review was based and the 
        validity and completeness of such assumptions; and
            (3) such recommendations as the Comptroller General 
        considers necessary for improving Department of Defense spouse 
        employment programs.

SEC. 589. REPORT ON DEPARTMENT OF DEFENSE MILITARY SPOUSE EDUCATION 
              PROGRAMS.

    (a) Review Required.--The Secretary of Defense shall carry out a 
review of all Department of Defense education programs designed to 
support spouses of members of the Armed Forces.
    (b) Elements of Review.--At a minimum, the review shall evaluate 
the following:
            (1) All current Department of Defense programs that are in 
        place to advance military spouse education opportunities.
            (2) The efficacy and effectiveness of Department of Defense 
        spouse education programs.
            (3) The effect that a lack military spouse education 
        opportunities has on the ability to retain members of the Armed 
        Forces.
            (4) A comparison of the costs associated with providing 
        military spouse education opportunities to retain members 
        rather than recruiting or training new members.
    (c) Submission of Results.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report containing--
            (1) the results of the review; and
            (2) such recommendations as the Secretary considers 
        necessary for improving Department of Defense spouse education 
        programs.

SEC. 590. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE UNIFORMED 
              SERVICES.

    (a) In General.--Part III of title 38, United States Code, is 
amended by adding at the end the following new chapter:

   ``CHAPTER 44--ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE 
                           UNIFORMED SERVICES

``Sec.
``4401. Definitions.
``4402. Leave requirement.
``4403. Certification.
``4404. Employment and benefits protection.
``4405. Prohibited acts.
``4406. Enforcement.
``4407. Miscellaneous provisions.
``Sec. 4401. Definitions
    ``In this chapter:
            ``(1) The terms `benefit', `rights and benefits', 
        `employee', `employer', and `uniformed services' have the 
        meaning given such terms in section 4303 of this title.
            ``(2) The term `contingency operation' has the same meaning 
        given such term in section 101(a)(13) of title 10.
            ``(3) The term `eligible employee' means an individual who 
        is--
                    ``(A) a family member of a member of a uniformed 
                service;
                    ``(B) an employee of the employer with respect to 
                whom leave is requested under section 4402 of this 
                title; and
                    ``(C) not entitled to leave under section 
                102(a)(1)(E) of the Family Medical Leave Act of 1993 
                (29 U.S.C. 2612(a)(1)(E)).
            ``(4) The term `family member' means an individual who is, 
        with respect to another individual, one of the following:
                    ``(A) The spouse of the other individual.
                    ``(B) A son or daughter of the other individual.
                    ``(C) A parent of the other individual.
            ``(5) The term `reduced leave schedule' means a leave 
        schedule that reduces the usual number of hours per workweek, 
        or hours per workday, of an employee.
            ``(6) The terms `spouse', `son or daughter', and `parent' 
        have the meaning given such terms in section 101 of the Family 
        and Medical Leave Act of 1993 (29 U.S.C. 2611).
``Sec. 4402. Leave requirement
    ``(a) Entitlement to Leave.--In any 12-month period, an eligible 
employee shall be entitled to two workweeks of leave for each family 
member of the eligible employee who, during such 12-month period--
            ``(1) is in the uniformed services; and
            ``(2)(A) receives notification of an impending call or 
        order to active duty in support of a contingency operation; or
            ``(B) is deployed in connection with a contingency 
        operation.
    ``(b) Leave Taken Intermittently or on Reduced Leave Schedule.--(1) 
Leave under subsection (a) may be taken by an eligible employee 
intermittently or on a reduced leave schedule as the eligible employee 
considers appropriate.
    ``(2) The taking of leave intermittently or on a reduced leave 
schedule pursuant to this subsection shall not result in a reduction in 
the total amount of leave to which the eligible employee is entitled 
under subsection (a) beyond the amount of leave actually taken.
    ``(c) Paid Leave Permitted.--Leave granted under subsection (a) may 
consist of paid leave or unpaid leave as the employer of the eligible 
employee considers appropriate.
    ``(d) Relationship to Paid Leave.--(1) If an employer provides paid 
leave to an eligible employee for fewer than the total number of 
workweeks of leave that the eligible employee is entitled to under 
subsection (a), the additional amount of leave necessary to attain the 
total number of workweeks of leave required under subsection (a) may be 
provided without compensation.
    ``(2) An eligible employee may elect, and an employer may not 
require the eligible employee, to substitute any of the accrued paid 
vacation leave, personal leave, or family leave of the eligible 
employee for leave provided under subsection (a) for any part of the 
total period of such leave the eligible employee is entitled to under 
such subsection.
    ``(e) Notice for Leave.--In any case in which an eligible employee 
chooses to use leave under subsection (a), the eligible employee shall 
provide such notice to the employer as is reasonable and practicable.
``Sec. 4403. Certification
    ``(a) In General.--An employer may require that a request for leave 
under section 4402(a) of this title be supported by a certification of 
entitlement to such leave.
    ``(b) Timeliness of Certification.--An eligible employee shall 
provide, in a timely manner, a copy of the certification required by 
subsection (a) to the employer.
    ``(c) Sufficient Certification.--A copy of the notification, call, 
or order described in section 4402(a)(2) of this title shall be 
considered sufficient certification of entitlement to leave for 
purposes of providing certification under this section. The Secretary 
may prescribe such additional forms and manners of certification as the 
Secretary considers appropriate for purposes of providing certification 
under this section.
``Sec. 4404. Employment and benefits protection
    ``(a) In General.--An eligible employee who takes leave under 
section 4402 of this title for the intended purpose of the leave shall 
be entitled, on return from such leave--
            ``(1) to be restored by the employer to the position of 
        employment held by the eligible employee when the leave 
        commenced; or
            ``(2) to be restored to an equivalent position with 
        equivalent rights and benefits of employment.
    ``(b) Loss of Benefits.--The taking of leave under section 4402 of 
this title shall not result in the loss of any employment benefit 
accrued prior to the date on which the leave commenced.
    ``(c) Limitations.--Nothing in this section shall be construed to 
entitle any restored employee to--
            ``(1) the accrual of any seniority or employment benefits 
        during any period of leave; or
            ``(2) any right, benefit, or position of employment other 
        than any right, benefit, or position to which the employee 
        would have been entitled had the employee not taken the leave.
``Sec. 4405. Prohibited acts
    ``(a) Exercise of Rights.--It shall be unlawful for any employer to 
interfere with, restrain, or deny the exercise of or the attempt to 
exercise, any right provided under this chapter.
    ``(b) Discrimination.--It shall be unlawful for any employer to 
discharge or in any other manner discriminate against any individual 
for opposing any practice made unlawful by this chapter.
``Sec. 4406. Enforcement
    ``The provisions of subchapter III of chapter 43 of this title 
shall apply with respect to the provisions of this chapter as if such 
provisions were incorporated into and made part of this chapter.
``Sec. 4407. Miscellaneous provisions
    ``The provisions of subchapter IV of chapter 43 of this title shall 
apply with respect to the provisions of this chapter as if such 
provisions were incorporated into and made part of this chapter.''.
    (b) Clerical Amendments.--The table of chapters at the beginning of 
title 38, United States Code, and at the beginning of part III of such 
title, are each amended by inserting after the item relating to chapter 
43 the following new item:

``44. Annual Leave for Family of Deployed Members of the       4401.''.
                            Uniformed Services.

SEC. 590A. CODIFICATION AND CONTINUATION OF JOINT FAMILY SUPPORT 
              ASSISTANCE PROGRAM.

    (a) Codification and Continuation.--Chapter 88, of title 10, United 
States Code, is amended by inserting after section 1788 the following 
new section:
``Sec. 1788a. Joint Family Support Assistance Program
    ``(a) Program Required.--The Secretary of Defense shall continue to 
carry out the program known as the `Joint Family Support Assistance 
Program' for the purpose of providing to families of members of the 
armed forces the following types of assistance:
            ``(1) Financial and material assistance.
            ``(2) Mobile support services.
            ``(3) Sponsorship of volunteers and family support 
        professionals for the delivery of support services.
            ``(4) Coordination of family assistance programs and 
        activities provided by Military OneSource, Military Family Life 
        Consultants, counselors, the Department of Defense, other 
        Federal agencies, State and local agencies, and non-profit 
        entities.
            ``(5) Facilitation of discussion on military family 
        assistance programs, activities, and initiatives between and 
        among the organizations, agencies, and entities referred to in 
        paragraph (4).
            ``(6) Non-medical counseling.
            ``(7) Such other assistance that the Secretary considers 
        appropriate.
    ``(b) Locations.--The Secretary of Defense shall carry out the 
program in at least six areas of the United States selected by the 
Secretary. Up to three of the areas selected for the program shall be 
areas that are geographically isolated from military installations.
    ``(c) Resources and Volunteers.--The Secretary of Defense shall 
provide personnel and other resources of the Department of Defense 
necessary for the implementation and operation of the program and may 
accept and utilize the services of non-Government volunteers and non-
profit entities under the program.
    ``(d) Procedures.--The Secretary of Defense shall establish 
procedures for the operation of the program and for the provision of 
assistance to families of members of the Armed Forces under the 
program.
    ``(e) Relation to Family Support Centers.--The program is not 
intended to operate in lieu of other family support centers, but is 
instead intended to augment the activities of the family support 
centers.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of such chapter is amended by inserting after the item 
relating to section 1788a the following new item:

``1788a. Joint Family Support Assistance Program.''.
    (c) Repeal of Superceded Provision.--Section 675 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 
109-364; 119 Stat. 2273; 10 U.S.C. 1781 note) is repealed.

                       Subtitle J--Other Matters

SEC. 591. ESTABLISHMENT OF JUNIOR RESERVE OFFICERS' TRAINING CORPS 
              UNITS FOR STUDENTS IN GRADES ABOVE SIXTH GRADE.

    Section 2031 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g)(1) In addition to units of the Junior Reserve Officers' 
Training Corps established at public and private secondary educational 
institutions under subsection (a), the Secretary of each military 
department may carry out a pilot program to establish and support units 
at public and private educational institutions that are not secondary 
educational institutions to permit the enrollment of students in the 
Corps who, notwithstanding the limitation in subsection (b)(1), are in 
a grade above the sixth grade. Under the pilot program, the Secretary 
may authorize a course of military instruction of not less than two 
academic years' duration, notwithstanding subsection (b)(3).
    ``(2) Except as provided in paragraph (1), a unit of the Junior 
Reserve Officers' Training Corps established and supported under the 
pilot program must meet the requirements of this section.
    ``(3) The Secretary of the military department concerned shall 
conduct a review of the pilot program. The review shall include an 
evaluation of what impacts, if any, the pilot program may have on the 
operation of the Junior Reserve Officers' Training Corps in secondary 
educational institutions.''.

SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS AUTHORIZED FOR 
              ADMISSION TO NATIONAL DEFENSE UNIVERSITY.

    Section 2167(a) of title 10, United States Code, is amended by 
striking ``20 full-time student positions'' and inserting ``35 full-
time student positions''.

SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO ATTEND UNITED 
              STATES AIR FORCE INSTITUTE OF TECHNOLOGY.

    (a) Admission Authority.--Chapter 901 of title 10, United States 
Code, is amended by inserting after section 9314 the following new 
section:
``Sec. 9314a. United States Air Force Institute of Technology: 
              admission of defense industry civilians
    ``(a) Admission Authorized.--(1) The Secretary of the Air Force may 
permit defense industry employees described in subsection (b) to 
receive instruction at the United States Air Force Institute of 
Technology in accordance with this section. Any such defense industry 
employee may be enrolled in, and may be provided instruction in, a 
program leading to a graduate degree in a defense focused curriculum 
related to aeronautics and astronautics, electrical and computer 
engineering, engineering physics, mathematics and statistics, 
operational sciences, or systems and engineering management.
    ``(2) No more than 125 defense industry employees may be enrolled 
at the United States Air Force Institute of Technology at any one time 
under the authority of paragraph (1).
    ``(3) Upon successful completion of the course of instruction at 
the United States Air Force Institute of Technology in which a defense 
industry employee is enrolled, the defense industry employee may be 
awarded an appropriate degree under section 9314 of this title.
    ``(b) Eligible Defense Industry Employees.--For purposes of this 
section, an eligible defense industry employee is an individual 
employed by a private firm that is engaged in providing to the 
Department of Defense significant and substantial defense-related 
systems, products, or services. A defense industry employee admitted 
for instruction at the United States Air Force Institute of Technology 
remains eligible for such instruction only so long at that person 
remains employed by the same firm.
    ``(c) Annual Determination by the Secretary of the Air Force.--
Defense industry employees may receive instruction at the United States 
Air Force Institute of Technology during any academic year only if, 
before the start of that academic year, the Secretary of the Air Force, 
or the designee of the Secretary, determines that providing instruction 
to defense industry employees under this section during that year--
            ``(1) will further the military mission of the United 
        States Air Force Institute of Technology; and
            ``(2) will be done on a space-available basis and not 
        require an increase in the size of the faculty of the school, 
        an increase in the course offerings of the school, or an 
        increase in the laboratory facilities or other infrastructure 
        of the school.
    ``(d) Program Requirements.--The Secretary of the Air Force shall 
ensure that--
            ``(1) the curriculum in which defense industry employees 
        may be enrolled under this section is not readily available 
        through other schools and concentrates on the areas of focus 
        specified in subsection (a)(1) that are conducted by military 
        organizations and defense contractors working in close 
        cooperation; and
            ``(2) the course offerings at the United States Air Force 
        Institute of Technology continue to be determined solely by the 
        needs of the Department of Defense.
    ``(e) Tuition.--(1) The United States Air Force Institute of 
Technology shall charge tuition for students enrolled under this 
section at a rate not less than the rate charged for employees of the 
United States outside the Department of the Air Force.
    ``(2) Amounts received by the United States Air Force Institute of 
Technology for instruction of students enrolled under this section 
shall be retained by the school to defray the costs of such 
instruction. The source, and the disposition, of such funds shall be 
specifically identified in records of the school.
    ``(f) Standards of Conduct.--While receiving instruction at the 
United States Air Force Institute of Technology, defense industry 
employees enrolled under this section, to the extent practicable, are 
subject to the same regulations governing academic performance, 
attendance, norms of behavior, and enrollment as apply to Government 
civilian employees receiving instruction at the school.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
9314 the following new item:

``9314a. United States Air Force Institute of Technology: admission of 
                            defense industry civilians.''.

SEC. 594. DATE FOR SUBMISSION OF ANNUAL REPORT ON DEPARTMENT OF DEFENSE 
              STARBASE PROGRAM.

    Section 2193b(g) of title 10, United States Code, is amended by 
striking ``90 days after the end of each fiscal year'' and inserting 
``March 31 of each year''.

SEC. 595. EXTENSION OF DEADLINE FOR SUBMISSION OF FINAL REPORT OF 
              MILITARY LEADERSHIP DIVERSITY COMMISSION.

    Section 596(e)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4478) is amended by striking ``12 months'' and inserting ``18 months''.

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.

    (a) Codification and Expansion of Existing Authority to Cover 
Additional Members and Employees.--
            (1) Codification and expansion.--Chapter 155 of title 10, 
        United States Code, is amended by inserting after section 2601 
        the following new section:
``Sec. 2601a. Direct acceptance of gifts by members of the armed forces 
              and Department of Defense and Coast Guard employees and 
              their families
    ``(a) Regulations Governing Acceptance of Gifts.--(1) The Secretary 
of Defense (and the Secretary of Homeland Security in the case of the 
Coast Guard) shall issue regulations to provide that, subject to such 
limitations as may be specified in such regulations, the following 
individuals may accept gifts from nonprofit organizations, private 
parties, and other sources outside the Department of Defense or the 
Department of Homeland Security:
            ``(A) A member of the armed forces described in subsection 
        (c).
            ``(B) A civilian employee of the Department of Defense or 
        Coast Guard described in subsection (d).
            ``(C) The family members of such a member or employee.
            ``(D) Survivors of such a member or employee who is killed.
    ``(2) The regulations required by this subsection shall apply 
uniformly to all elements of the Department of Defense and, to the 
maximum extent feasible, to the Coast Guard.
    ``(b) Exception to Gift Ban.--A member of the armed forces 
described in subsection (c) and a civilian employee described in 
subsection (d) may accept gifts as provided in the regulations issued 
under subsection (a) notwithstanding section 7353 of title 5.
    ``(c) Covered Members.--This section applies to a member of the 
armed forces who, while performing active duty, full-time National 
Guard duty, or inactive-duty training on or after September 11, 2001, 
incurred an injury or illness--
            ``(1) as described in section 1413a(e)(2) of this title;
            ``(2) in an operation or area designated as a combat 
        operation or a combat zone by the Secretary of Defense in 
        accordance with the regulations issued under subsection (a); or
            ``(3) under other circumstances determined by the Secretary 
        concerned to warrant treatment analogous to members covered by 
        paragraph (1) or (2).
    ``(d) Covered Employees.--This section applies to a civilian 
employee of the Department of Defense or Coast Guard who, while an 
employee on or after September 11, 2001, incurred an injury or illness 
under a circumstance described in paragraph (1), (2), or (3) of 
subsection (c).
    ``(e) Gifts From Certain Sources Prohibited.--The regulations 
issued under subsection (a) may not authorize the acceptance of a gift 
from a foreign government or international organization or their 
agents.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 2601 the following new item:

``2601a. Direct acceptance of gifts by members of the armed forces and 
                            Department of Defense and Coast Guard 
                            employees and their families.''.
    (b) Repeal of Superceded Provision.--Section 8127 of the Department 
of Defense Appropriations Act, 2006 (division A of Public Law 109-148; 
119 Stat. 2730; 10 U.S.C. 2601 note prec.) is repealed.
    (c) Application of Existing Regulations.--Pending the issuance of 
the regulations required by subsection (a) of section 2601a of title 
10, United States Code, as added by subsection (a), the regulations 
prescribed under section 8127 of the Department of Defense 
Appropriations Act, 2006 (division A of Public Law 109-148; 119 Stat. 
2730; 10 U.S.C. 2601 note prec.) shall apply to the acceptance of gifts 
under such section 2601a.
    (d) Retroactive Applicability of Regulations.--The regulations 
issued under subsection (a) of section 2601a of title 10, United States 
Code, as added by subsection (a), shall, to the extent provided in such 
regulations, also apply to the acceptance of gifts during the period 
beginning on September 11, 2001, and ending on the date on which such 
regulations go into effect.

SEC. 597. REPORT ON PERFORMANCE AND IMPROVEMENTS OF TRANSITION 
              ASSISTANCE PROGRAM.

    (a) Report Required.--The Secretary of Defense shall prepare a 
report on the Transition Assistance Program of the Department of 
Defense.
    (b) Elements.--The report shall include the following:
            (1) A statement and analysis of the rates of post-
        separation employment rates compared with the general 
        population annually since September 11, 2001.
            (2) A chronological summary of the evolution and 
        development of the Transition Assistance Program since 
        September 11, 2001.
            (3) A description of efforts to transform the Transition 
        Assistance Program from one of end-of-service transition to a 
        life-cycle model, in which transition is considered throughout 
        the career of a member of the Armed Forces.
            (4) An analysis of current and future challenges members 
        continue to face upon entering the civilian work force, 
        including a survey of the following individuals and 
        organizations to identify strengths and shortcomings in the 
        Transition Assistance Program:
                    (A) A representational population of transitioning 
                or recently separated members.
                    (B) Employers with a track record of employing 
                retired or separating members.
                    (C) Veterans service organizations and advocacy 
                groups.
            (5) Any recommendations, including recommendations for 
        legislative action, that the Secretary of Defense considers 
        appropriate to improve the organization, policies, consistency 
        of quality, and efficacy of the Transition Assistance Program.
    (c) Consultation.--The Secretary of Defense shall prepare the 
report in consultation with the Secretary of Labor.
    (d) Submission of Report.--Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit the 
report to the Committees on Armed Services of the Senate and the House 
of Representatives.

SEC. 598. SENSE OF CONGRESS REGARDING ASSISTING MEMBERS OF THE ARMED 
              FORCES TO PARTICIPATE IN APPRENTICESHIP PROGRAMS.

    (a) Findings.--Congress makes the following findings:
            (1) Some members of the Armed Forces who are separated or 
        released from active duty are having difficulty finding 
        employment after their separation or release.
            (2) Some members who have served for long periods on active 
        duty have the additional difficulty of translating their 
        military experience into skill sets for civilian employment.
            (3) Apprenticeship programs bring immense value to the 
        American workforce and to individuals who participate in such 
        programs.
            (4) Apprenticeship programs assist in the building of 
        resumes and skills of participants and help connect 
        participants with employers and job opportunities.
            (5) Military units returning from deployment often operate 
        at a reduced readiness status, which would allow members who 
        are assigned to the unit, but who are in the process of being 
        separated or released from active duty, to be available to 
        participate in apprenticeship programs.
    (b) Sense of Congress.--It is the sense of Congress that commanders 
of units of the Armed Forces should make every effort to permit members 
of the Armed Forces who are assigned to the unit, but who are in the 
process of being separated or released from active duty, to participate 
in an apprenticeship program that is registered under the Act of Aug. 
16, 1937 (commonly known as the National Apprenticeship Act; 29 U.S.C. 
50 et seq.).
    (c) Armed Forces Defined.--In this section, the term ``Armed 
Forces'' means the Army, Navy, Air Force, and Marine Corps.

SEC. 599. REPORT ON EXPANSION OF NUMBER OF HEIRLOOM CHEST AWARDED TO 
              SURVIVING FAMILIES.

    The Secretary of the Army shall submit to the congressional defense 
committees a report on the heirloom chest policy of the Army, 
including--
            (1) a detailed explanation of such policy;
            (2) the plans of the Secretary to continue the heirloom 
        chest program; and
            (3) an estimate of the procurement costs to expand the 
        number of such chests to additional family members.

SEC. 600. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR MEDICAL 
              CARE UNDER CHAMPVA PROGRAM.

    (a) Increase.--Section 1781(c) of title 38, United States Code, is 
amended--
            (1) by striking ``twenty-three'' and inserting ``twenty-
        six''; and
            (2) by striking ``twenty-third birthday'' and inserting 
        ``twenty-sixth birthday''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to medical care provided on or after the date of the 
enactment of this Act.

SEC. 600A. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM DEPARTMENT OF 
              EDUCATION TO DEPARTMENT OF DEFENSE.

    (a) Transfer of Functions.--
            (1) Transfer.--The responsibility and authority for 
        operation and administration of the Troops-to-Teachers Program 
        in chapter A of subpart 1 of part C of title II of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 
        et seq.), is transferred from the Secretary of Education to the 
        Secretary of Defense.
            (2) Effective date.--The transfer under paragraph (1) shall 
        take effect on the first day of the first month beginning more 
        than 180 days after the date of the enactment of this Act, or 
        on such earlier date as the Secretary of Education and the 
        Secretary of Defense may jointly provide.
    (b) Enactment of Program Authority in Title 10, United States 
Code.--
            (1) In general.--Chapter 58 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 1154. Assistance to eligible members and former members to 
              obtain employment as teachers: Troops-to-Teachers Program
    ``(a) Definitions.--In this section:
            ``(1) Program.--The term `Program' means the Troops-to-
        Teachers Program authorized by this section.
            ``(2) Member of the armed forces.--The term `member of the 
        armed forces' includes a former member of the armed forces.
            ``(3) Charter school.--The term `charter school' has the 
        meaning given that term in section 5210 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7221i).
            ``(4) Additional terms.--The terms `elementary school', 
        `highly qualified teacher', `local educational agency', 
        `secondary school', and `state' have the meanings given those 
        terms in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
    ``(b) Program Authorization.--The Secretary may carry out a program 
(to be known as the `Troops-to-Teachers Program')--
            ``(1) to assist eligible members of the armed forces 
        described in subsection (d) to obtain certification or 
        licensing as elementary school teachers, secondary school 
        teachers, or vocational or technical teachers, and to become 
        highly qualified teachers; and
            ``(2) to facilitate the employment of such members--
                    ``(A) by local educational agencies or public 
                charter schools that the Secretary of Education 
                identifies as--
                            ``(i) receiving grants under part A of 
                        title I of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6301 et seq.) 
                        as a result of having within their 
                        jurisdictions concentrations of children from 
                        low-income families; or
                            ``(ii) experiencing a shortage of highly 
                        qualified teachers, in particular a shortage of 
                        science, mathematics, special education, or 
                        vocational or technical teachers; and
                    ``(B) in elementary schools or secondary schools, 
                or as vocational or technical teachers.
    ``(c) Placement Assistance and Referral Services.--The Secretary 
may provide placement assistance and referral services to members of 
the armed forces who meet the criteria described in subsection (d), 
including meeting the education qualification requirements under 
subsection (d)(3)(B). Such members shall not be eligible for financial 
assistance under paragraphs (3) and (4) of subsection (e).
    ``(d) Eligibility and Application Process.--
            ``(1) Eligible members.--The following members of the armed 
        forces are eligible for selection to participate in the 
        Program:
                    ``(A) Any member who--
                            ``(i) on or after October 1, 1999, becomes 
                        entitled to retired or retainer pay under this 
                        title or title 14;
                            ``(ii) has an approved date of retirement 
                        that is within one year after the date on which 
                        the member submits an application to 
                        participate in the Program; or
                            ``(iii) has been transferred to the Retired 
                        Reserve.
                    ``(B) Any member who, on or after January 8, 2002--
                            ``(i)(I) is separated or released from 
                        active duty after six or more years of 
                        continuous active duty immediately before the 
                        separation or release; or
                                    ``(II) has completed a total of at 
                                least ten years of active duty service, 
                                ten years of service computed under 
                                section 12732 of this title, or ten 
                                years of any combination of such 
                                service; and
                            ``(ii) executes a reserve commitment 
                        agreement for a period of not less than three 
                        years under paragraph (5)(B).
                    ``(C) Any member who, on or after January 8, 2002, 
                is retired or separated for physical disability under 
                chapter 61 of this title.
            ``(2) Submission of applications.--(A) Selection of 
        eligible members of the armed forces to participate in the 
        Program shall be made on the basis of applications submitted to 
        the Secretary within the time periods specified in subparagraph 
        (B). An application shall be in such form and contain such 
        information as the Secretary may require.
            ``(B) An application shall be considered to be submitted on 
        a timely basis under subparagraph (A)(i), (B), or (C) of 
        paragraph (1) if the application is submitted not later than 
        four years after the date on which the member is retired or 
        separated or released from active duty, whichever applies to 
        the member.
            ``(3) Selection criteria; educational background 
        requirements and honorable service requirement.--(A) Subject to 
        subparagraphs (B) and (C), the Secretary shall prescribe the 
        criteria to be used to select eligible members of the armed 
        forces to participate in the Program.
            ``(B)(i) If a member of the armed forces is applying for 
        assistance for placement as an elementary school or secondary 
        school teacher, the Secretary shall require the member to have 
        received a baccalaureate or advanced degree from an accredited 
        institution of higher education.
            ``(ii) If a member of the armed forces is applying for 
        assistance for placement as a vocational or technical teacher, 
        the Secretary shall require the member--
                    ``(I) to have received the equivalent of one year 
                of college from an accredited institution of higher 
                education and have six or more years of military 
                experience in a vocational or technical field; or
                    ``(II) to otherwise meet the certification or 
                licensing requirements for a vocational or technical 
                teacher in the State in which the member seeks 
                assistance for placement under the Program.
            ``(C) A member of the armed forces is eligible to 
        participate in the Program only if the member's last period of 
        service in the armed forces was honorable, as characterized by 
        the Secretary concerned. A member selected to participate in 
        the Program before the retirement of the member or the 
        separation or release of the member from active duty may 
        continue to participate in the Program after the retirement, 
        separation, or release only if the member's last period of 
        service is characterized as honorable by the Secretary 
        concerned.
            ``(4) Selection priorities.--In selecting eligible members 
        of the armed forces to receive assistance under the Program, 
        the Secretary shall give priority to members who--
                    ``(A) have educational or military experience in 
                science, mathematics, special education, or vocational 
                or technical subjects; and
                    ``(B) agree to seek employment as science, 
                mathematics, or special education teachers in 
                elementary schools or secondary schools or in other 
                schools under the jurisdiction of a local educational 
                agency.
            ``(5) Other conditions on selection.--
                    ``(A) The Secretary may not select an eligible 
                member of the armed forces to participate in the 
                Program and receive financial assistance unless the 
                Secretary has sufficient appropriations for the Program 
                available at the time of the selection to satisfy the 
                obligations to be incurred by the United States under 
                subsection (e) with respect to the member.
                    ``(B) The Secretary may not select an eligible 
                member of the armed forces described in paragraph 
                (1)(B)(i) to participate in the Program under this 
                section and receive financial assistance under 
                subsection (e) unless the member executes a written 
                agreement to serve as a member of the Selected Reserve 
                of a reserve component of the armed forces for a period 
                of not less than three years (in addition to any other 
                reserve commitment the member may have).
    ``(e) Participation Agreement and Financial Assistance.--
            ``(1) Participation agreement.--(A) An eligible member of 
        the armed forces selected to participate in the Program under 
        subsection (b) and receive financial assistance under this 
        subsection shall be required to enter into an agreement with 
        the Secretary in which the member agrees--
                            ``(i) within such time as the Secretary may 
                        require, to obtain certification or licensing 
                        as an elementary school teacher, secondary 
                        school teacher, or vocational or technical 
                        teacher, and to become a highly qualified 
                        teacher; and
                            ``(ii) to accept an offer of full-time 
                        employment as an elementary school teacher, 
                        secondary school teacher, or vocational or 
                        technical teacher for not less than three 
                        school years with a high-need local educational 
                        agency or public charter school, as such terms 
                        are defined in section 2102 of the Elementary 
                        and Secondary Education Act (20 U.S.C. 6602), 
                        to begin the school year after obtaining that 
                        certification or licensing.
            ``(B) The Secretary may waive the three-year commitment 
        described in subparagraph (A)(ii) for a participant if the 
        Secretary determines such waiver to be appropriate. If the 
        Secretary provides the waiver, the participant shall not be 
        considered to be in violation of the agreement and shall not be 
        required to provide reimbursement under subsection (f), for 
        failure to meet the three-year commitment.
            ``(2) Violation of participation agreement; exceptions.--A 
        participant in the Program shall not be considered to be in 
        violation of the participation agreement entered into under 
        paragraph (1) during any period in which the participant--
                    ``(A) is pursuing a full-time course of study 
                related to the field of teaching at an institution of 
                higher education;
                    ``(B) is serving on active duty as a member of the 
                armed forces;
                    ``(C) is temporarily totally disabled for a period 
                of time not to exceed three years as established by 
                sworn affidavit of a qualified physician;
                    ``(D) is unable to secure employment for a period 
                not to exceed 12 months by reason of the care required 
                by a spouse who is disabled;
                    ``(E) is a highly qualified teacher who is seeking 
                and unable to find full-time employment as a teacher in 
                an elementary school or secondary school or as a 
                vocational or technical teacher for a single period not 
                to exceed 27 months; or
                    ``(F) satisfies the provisions of additional 
                reimbursement exceptions that may be prescribed by the 
                Secretary.
            ``(3) Stipend for participants.--(A) Subject to 
        subparagraph (B), the Secretary may pay to a participant in the 
        Program selected under this section a stipend in an amount of 
        not more than $5,000.
            ``(B) The total number of stipends that may be paid under 
        subparagraph (A) in any fiscal year may not exceed 5,000.
            ``(4) Bonus for participants.--(A) Subject to subparagraph 
        (B), the Secretary may, in lieu of paying a stipend under 
        paragraph (3), pay a bonus of $10,000 to a participant in the 
        Program selected under this section who agrees in the 
        participation agreement under paragraph (1) to become a highly 
        qualified teacher and to accept full-time employment as an 
        elementary school teacher, secondary school teacher, or 
        vocational or technical teacher for not less than three school 
        years in a high-need school.
            ``(B) The total number of bonuses that may be paid under 
        subparagraph (A) in any fiscal year may not exceed 3,000.
            ``(C) For purposes of subparagraph (A), the term `high-need 
        school' means a public elementary school, public secondary 
        school, or public charter school that meets one or more of the 
        following criteria:
                    ``(i) At least 50 percent of the students enrolled 
                in the school were from low-income families (as 
                described in subsection (b)(2)(A)(i)).
                    ``(ii) The school has a large percentage of 
                students who qualify for assistance under part B of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1411 et seq.).
            ``(5) Treatment of stipend and bonus.--A stipend or bonus 
        paid under this subsection to a participant in the Program 
        shall be taken into account in determining the eligibility of 
        the participant for Federal student financial assistance 
        provided under title IV of the Higher Education Act of 1965 (20 
        U.S.C. 1070 et seq.).
    ``(f) Reimbursement Under Certain Circumstances.--
            ``(1) Reimbursement required.--A participant in the Program 
        who is paid a stipend or bonus under this subsection shall be 
        required to repay the stipend or bonus under the following 
        circumstances:
                    ``(A) The participant fails to obtain teacher 
                certification or licensing, to become a highly 
                qualified teacher, or to obtain employment as an 
                elementary school teacher, secondary school teacher, or 
                vocational or technical teacher as required by the 
                participation agreement under subsection (e)(1).
                    ``(B) The participant voluntarily leaves, or is 
                terminated for cause from, employment as an elementary 
                school teacher, secondary school teacher, or vocational 
                or technical teacher during the three years of required 
                service in violation of the participation agreement.
                    ``(C) The participant executed a written agreement 
                with the Secretary concerned under subsection (d)(5)(B) 
                to serve as a member of a reserve component of the 
                armed forces for a period of three years and fails to 
                complete the required term of service.
            ``(2) Amount of reimbursement.--A participant required to 
        reimburse the Secretary for a stipend or bonus paid to the 
        participant under subsection (e) shall pay an amount that bears 
        the same ratio to the amount of the stipend or bonus as the 
        unserved portion of required service bears to the three years 
        of required service. Any amount owed by the participant shall 
        bear interest at the rate equal to the highest rate being paid 
        by the United States on the day on which the reimbursement is 
        determined to be due for securities having maturities of 90 
        days or less and shall accrue from the day on which the 
        participant is first notified of the amount due.
            ``(3) Treatment of obligation.--The obligation to reimburse 
        the Secretary under this subsection is, for all purposes, a 
        debt owing the United States. A discharge in bankruptcy under 
        title 11 shall not release a participant from the obligation to 
        reimburse the Secretary under this subsection.
            ``(4) Exceptions to reimbursement requirement.--A 
        participant shall be excused from reimbursement under this 
        subsection if the participant becomes permanently totally 
        disabled as established by sworn affidavit of a qualified 
        physician. The Secretary may also waive the reimbursement in 
        cases of extreme hardship to the participant, as determined by 
        the Secretary.
    ``(g) Relationship to Educational Assistance Under Montgomery GI 
Bill.--The receipt by a participant in the Program of a stipend or 
bonus under this subsection (e) shall not reduce or otherwise affect 
the entitlement of the participant to any benefits under chapter 30 or 
33 of title 38 or chapter 1606 of this title.
    ``(h) Participation by States.--
            ``(1) Discharge of state activities through consortia of 
        states.--The Secretary may permit States participating in the 
        Program to carry out activities authorized for such States 
        under the Program through one or more consortia of such States.
            ``(2) Assistance to states.--(A) Subject to subparagraph 
        (B), the Secretary may make grants to States participating in 
        the Program, or to consortia of such States, in order to permit 
        such States or consortia of States to operate offices for 
        purposes of recruiting eligible members of the armed forces for 
        participation in the Program and facilitating the employment of 
        participants in the Program as elementary school teachers, 
        secondary school teachers, and vocational or technical 
        teachers.
            ``(B) The total amount of grants made under subparagraph 
        (A) in any fiscal year may not exceed $5,000,000.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``1154. Troops-to-Teachers Program.''.
    (c) Conforming Amendment.--Section 1142(b)(4)(C) of such title is 
amended by striking ``under sections 1152 and 1153 of this title and 
the Troops-to-Teachers Program under section 2302 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6672)'' and inserting 
``under sections 1152, 1153, and 1154 of this title''.
    (d) Termination of Original Program.--
            (1) Termination.--
                    (A) Chapter A of subpart 1 of part C of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6671 et seq.) is repealed.
                    (B) The table of contents in section 2 of part I of 
                the Elementary and Secondary Education Act of 1965 is 
                amended by striking the items relating to chapter A of 
                subpart 1 of part C of said Act.
            (2) Existing agreements.--The repeal of such chapter shall 
        not affect the validity or terms of any agreement entered into 
        before the date of the enactment of this Act under chapter A of 
        subpart 1 of part C of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6671 et seq.), or to pay assistance, 
        make grants, or obtain reimbursement in connection with such an 
        agreement as in effect before such repeal.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the effective date of the transfer under subsection (a).

SEC. 600B. ENHANCEMENTS TO THE TROOPS-TO-TEACHERS PROGRAM.

    (a) Years of Service Requirements.--Subsection (d) of section 1154 
title 10, United States Code, as added by section 600A, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (B);
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) commencing on or after September 11, 2001, 
                serves at least four years on active duty (as such term 
                is defined in section 101(d)(1) of this title, except 
                that such term does not include a period of service 
                described in paragraphs (1) through (3) of section 
                3311(d) of title 38) in the Armed Forces (excluding 
                service on active duty in entry level or skills 
                training) and, after completion of such service, is 
                discharged or released as follows:
                            ``(i) A discharge from active duty in the 
                        armed forces with an honorable discharge.
                            ``(ii) A release after service on active 
                        duty in the armed forces characterized by the 
                        Secretary concerned as honorable service and 
                        placement on the retired list, transfer to the 
                        Fleet Reserve or Fleet Marine Corps Reserve, or 
                        placement on the temporary disability retired 
                        list.
                            ``(iii) A release from active duty in the 
                        armed forces for further service in a reserve 
                        component of the armed forces after service on 
                        active duty characterized by the Secretary 
                        concerned as honorable service.''.
    (b) Definition of Local Education Agency and Public Charter 
Schools.--Such section is further amended as follows:
            (1) Clause (i) of subsection (b)(2)(A) of such section is 
        amended to read as follows:
                            ``(i) receiving grants under part A of 
                        title I, a Bureau-funded school (as such term 
                        is defined in section 1141 of the Education 
                        Amendments of 1978 (25 U.S.C. 2021(3)), or 
                        public charter school;''.
            (2) In subsection (e)(1)(A)(ii), by striking ``or public 
        charter school receiving grants under part A of title I of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 
        et seq.)'' and inserting ``receiving grants under part A of 
        title I, a Bureau-funded school (as such term is defined in 
        section 1141 of the Education Amendments of 1978 (25 U.S.C. 
        2021(3)) or public charter school''.
    (c) Troops-to-teachers Advisory Board.--Such section is further 
amended by adding at the end the following new subsection:
    ``(f) Advisory Board.--
            ``(1) Establishment.--Not later than 120 days after the 
        date of enactment of section 1154 of this title, the Secretary 
        of Education and the Secretary of Defense shall establish an 
        advisory board composed of--
                    ``(A) a representative from the Department of 
                Defense;
                    ``(B) a representative from the Department of 
                Education;
                    ``(C) representatives from 3 State offices that 
                operate to recruit eligible members of the armed forces 
                for participation in the Program and facilitating the 
                employment of participants in the Program as elementary 
                school teachers, secondary school teachers, and 
                vocational or technical teachers; and
                    ``(D) a representative from each of 3 veteran 
                service organizations.
            ``(2) Duties.--The advisory board established under 
        subsection (a) shall--
                    ``(A) collect, consider, and disseminate feedback 
                from participants and State offices described in 
                subsection (a)(4) on--
                            ``(i) the best practices for improving 
                        recruitment of eligible members of the Armed 
                        Forces in States, local educational agencies, 
                        and public charter schools under served by the 
                        Program;
                            ``(ii) ensuring that high-need local 
                        educational agencies and public charter schools 
                        are aware of the Program and how to participate 
                        in it;
                            ``(iii) coordinating the goals of the 
                        Program with other Federal, State, and local 
                        education needs and programs; and
                            ``(iv) other activities that the advisory 
                        board deems necessary; and
                    ``(B) not later than 1 year after the date of the 
                enactment of section 1154 of this title, and annually 
                thereafter, prepare and submit a report to the 
                Committees on Health, Education, Labor, and Pensions 
                and Armed Services of the Senate and the Committees on 
                Education and Labor and Armed Services of the House of 
                Representatives, which shall include--
                            ``(i) information with respect to the 
                        activities of the advisory board;
                            ``(ii) information with respect to the 
                        Program, including--
                                    ``(I) the number of participants in 
                                the Program;
                                    ``(II) the number of States 
                                participating in the Program;
                                    ``(III) local educational agencies 
                                and schools in where participants are 
                                employed;
                                    ``(IV) the grade levels at which 
                                participants teach;
                                    ``(V) the academic subjects taught 
                                by participants;
                                    ``(VI) rates of retention of 
                                participants by the local educational 
                                agencies and public charter schools 
                                employing participant;
                                    ``(VII) other demographic 
                                information as may be necessary to 
                                evaluate the effectiveness of the 
                                program; and
                                    ``(VIII) a review of the stipend 
                                and bonus available to participants 
                                under paragraphs (3) and (4)(A) of 
                                subsection (d); and
                            ``(iii) recommendations for--
                                    ``(I) improvements to local, State, 
                                and Federal recruitment and retention 
                                efforts;
                                    ``(II) legislative or executive 
                                policy changes to improve the Program, 
                                enhance participant experience, and 
                                increase participation in the program; 
                                and
                                    ``(III) other changes necessary to 
                                ensure that the Program is meeting the 
                                purpose described in subsection (b).''.

SEC. 600C. SUPPORT FROM DEPARTMENT OF EDUCATION TO HELP COVER COSTS OF 
              NEW STATE PROGRAMS UNDER NATIONAL GUARD YOUTH CHALLENGE 
              PROGRAM.

    Paragraph (2) of section 509(d) of title 32, United States Code, is 
amended to read as follows:
    ``(2) The limitation in paragraph (1) may not be construed as a 
limitation on the amount of assistance that may be provided to a State 
program of the Program for a fiscal year from sources other than the 
Department of Defense. Using funds available to the Department of 
Education, the Secretary of Education may provide assistance to cover 
the difference between the amount provided by the Department of Defense 
and the total costs of operating a new State program of the Program 
during the first three full fiscal years in which the new State program 
is in operation.''.

SEC. 600D. STUDY OF TREATMENT OF MEMBERS OF THE RESERVE COMPONENTS.

    (a) Study.--The Inspector General of the Department of Defense 
shall conduct a study of the treatment of members of the reserve 
components.
    (b) Matters Included.--The study under subsection (a) shall include 
the following:
            (1) An analysis of the treatment of members of the reserve 
        components--
                    (A) at mobilization and demobilization sites of the 
                Army, including warrior transition units and joint 
                medical battalions; and
                    (B) during predeployment and postdeployment medical 
                examinations under section 1074(f) of title 10, United 
                States Code.
            (2) An analysis of the quality of care, treatment, and 
        information that members of the reserve components receive 
        before, during, and after deployment.
            (3) An analysis of patterns of treatment of members of the 
        reserve components during the period following a deployment, 
        including during medical examinations or other actions that 
        could affect health care and disability benefits, as compared 
        to the treatment of members of the regular components during 
        such period.
            (4) Identification of any improvements needed so that 
        members of the reserve components and members of the regular 
        components are treated equally.
    (c) Report.--Not later than December 31, 2010, the Inspector 
General shall submit to the congressional defense committees a report 
on the study under subsection (a).

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

SEC. 601. FISCAL YEAR 2011 INCREASE IN MILITARY BASIC PAY.

    (a) Waiver of Section 1009 Adjustment.--The adjustment to become 
effective during fiscal year 2011 required by section 1009 of title 37, 
United States Code, in the rates of monthly basic pay authorized 
members of the uniformed services shall not be made.
    (b) Increase in Basic Pay.--Effective on January 1, 2011, the rates 
of monthly basic pay for members of the uniformed services are 
increased by 1.9 percent.

SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES WHEN ONE 
              OR BOTH MEMBERS ARE ON SEA DUTY.

    (a) In General.--Subparagraph (C) of section 403(f)(2) of title 37, 
United States Code, is amended to read as follows:
    ``(C) Notwithstanding section 421 of this title, a member of a 
uniformed service in a pay grade below pay grade E-6 who is assigned to 
sea duty and is married to another member of a uniformed service is 
entitled to a basic allowance for housing subject to the limitations of 
subsection (e).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 1, 2011.

SEC. 603. ALLOWANCES FOR PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT.

    (a) Initial Allowance for Officers.--Section 415 of title 37, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively;
                    (B) by inserting ``Allowance for Officers in the 
                Armed Forces.--(1)'' after ``(a)'';
                    (C) by striking ``$400'' and inserting ``$500''; 
                and
                    (D) by adding at the end the following new 
                paragraph:
    ``(2) The Secretary of a military department, with the approval of 
the Secretary of Defense, may increase the maximum amount of the 
allowance specified in paragraph (1) for officers of an armed force 
under the jurisdiction of the Secretary. The Secretary of Homeland 
Security, in the case of the Coast Guard when it is not operating as a 
service in the Navy, may increase the maximum amount of the allowance 
specified in paragraph (1) for officers of the Coast Guard.'';
            (2) in subsection (b), by inserting ``Exception.--'' after 
        ``(b)''; and
            (3) in subsection (c)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by striking ``An allowance of $250'' and 
                inserting ``Public Health Service Allowance.--(1) An 
                allowance of $300''; and
                    (C) by inserting ``(2)'' before ``An officer''.
    (b) Additional Allowances.--Section 416 of such title is amended--
            (1) in subsection (a), by striking ``$200'' and inserting 
        ``$250''; and
            (2) in subsection (b)(1), by striking ``$400'' and 
        inserting ``$500''.

SEC. 604. INCREASE IN AMOUNT OF FAMILY SEPARATION ALLOWANCE.

    (a) Increase.--Section 427(a)(1) of title 37, United States Code, 
is amended by striking ``$250'' and inserting ``$285''.
    (b) Application of Amendment.--The amendment made by subsection (a) 
shall take effect on October 1, 2010, and apply with respect to months 
beginning on or after that date.

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.

    (a) Transition Compensation Authorized.--Section 439 of title 37, 
United States Code, is amended--
            (1) by redesignating subsections (e) through (h) as 
        subsections (f) through (i), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) One-time Transitional Compensation Authorized.--In addition 
to monthly special compensation payable under subsection (a), the 
Secretary concerned may pay to a member eligible for monthly special 
compensation a one-time payment of not more than $3,500 for the 
transition of assistants providing aid and attendance care to the 
member as described in subsection (b)(2).''.
    (b) Conforming and Clerical Amendments.--Such section is further 
amended--
            (1) in subsection (c), by inserting ``of Monthly 
        Compensation'' after ``Amount'';
            (2) in subsection (d), by inserting ``of Monthly 
        Compensation'' after ``Duration''; and
            (3) in subsection (f), as redesignated by subsection 
        (a)(1), by striking ``Monthly special compensation payable to a 
        member under this section'' and inserting ``Special 
        compensation paid to a member under subsection (a) or (e)''.

SEC. 606. EXPANSION OF DEFINITION OF SENIOR ENLISTED MEMBER TO INCLUDE 
              SENIOR ENLISTED MEMBER SERVING WITHIN A COMBATANT 
              COMMAND.

    (a) Basic Pay.--On and after January 1, 2011, for purposes of 
establishing the rates of monthly basic pay for members of the 
uniformed services, the senior enlisted member of the Armed Forces 
serving within a combatant command (as defined in section 161(c) of 
title 10, United States Code) shall be treated in the same manner as 
the Sergeant Major of the Army, Master Chief Petty Officer of the Navy, 
Chief Master Sergeant of the Air Force, Sergeant Major of the Marine 
Corps, Master Chief Petty Officer of the Coast Guard, and Senior 
Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.
    (b) Rate of Basic Pay Used to Determine Retired Pay Base.--Section 
1406(i)(3)(B) of title 10, United States Code, is amended by adding at 
the end the following new clause:
                            ``(vii) Senior enlisted member serving 
                        within a combatant command (as defined in 
                        section 161(c) of this title).''.
    (c) Pay During Terminal Leave and While Hospitalized.--Section 
210(c) of title 37, United States Code, is amended by adding at the end 
the following new paragraph:
            ``(7) The senior enlisted member serving within a combatant 
        command (as defined in section 161(c) of title 10).''.

SEC. 607. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN EMPLOYEES FOR 
              RESERVIST INCOME REPLACEMENT PAYMENTS ON ACCOUNT OF 
              AVAILABILITY OF COMPARABLE BENEFITS UNDER ANOTHER 
              PROGRAM.

    (a) Ineligibility for Payments.--Section 910(b) of title 37, United 
States Code, is amended by adding at the end the following new 
paragraph:
    ``(3) A member of a reserve component who is otherwise entitled to 
a payment under this section is not entitled to the payment for any 
month during which the member is also a civilian employee of the 
Federal Government entitled to--
            ``(A) a differential payment under section 5538 of title 5; 
        or
            ``(B) a comparable benefit under an administratively 
        established program for civilian employees absent from a 
        position of employment with the Federal Government in order to 
        perform active duty in the uniformed services.''.
    (b) Effective Date.--Subsection (b)(3) of section 910 of title 37, 
United States Code, as added by subsection (a), shall apply with 
respect to payments under such section for months beginning on or after 
the date of the enactment of this Act.

           Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
              AUTHORITIES FOR RESERVE FORCES.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
            (1) Section 308b(g), relating to Selected Reserve 
        reenlistment bonus.
            (2) Section 308c(i), relating to Selected Reserve 
        affiliation or enlistment bonus.
            (3) Section 308d(c), relating to special pay for enlisted 
        members assigned to certain high-priority units.
            (4) Section 308g(f)(2), relating to Ready Reserve 
        enlistment bonus for persons without prior service.
            (5) Section 308h(e), relating to Ready Reserve enlistment 
        and reenlistment bonus for persons with prior service.
            (6) Section 308i(f), relating to Selected Reserve 
        enlistment and reenlistment bonus for persons with prior 
        service.
            (7) Section 910(g), relating to income replacement payments 
        for reserve component members experiencing extended and 
        frequent mobilization for active duty service.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
              AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

    (a) Title 10 Authorities.--The following sections of title 10, 
United States Code, are amended by striking ``December 31, 2010'' and 
inserting ``December 31, 2011'':
            (1) Section 2130a(a)(1), relating to nurse officer 
        candidate accession program.
            (2) Section 16302(d), relating to repayment of education 
        loans for certain health professionals who serve in the 
        Selected Reserve.
    (b) Title 37 Authorities.--The following sections of title 37, 
United States Code, are amended by striking ``December 31, 2010'' and 
inserting ``December 31, 2011'':
            (1) Section 302c-1(f), relating to accession and retention 
        bonuses for psychologists.
            (2) Section 302d(a)(1), relating to accession bonus for 
        registered nurses.
            (3) Section 302e(a)(1), relating to incentive special pay 
        for nurse anesthetists.
            (4) Section 302g(e), relating to special pay for Selected 
        Reserve health professionals in critically short wartime 
        specialties.
            (5) Section 302h(a)(1), relating to accession bonus for 
        dental officers.
            (6) Section 302j(a), relating to accession bonus for 
        pharmacy officers.
            (7) Section 302k(f), relating to accession bonus for 
        medical officers in critically short wartime specialties.
            (8) Section 302l(g), relating to accession bonus for dental 
        specialist officers in critically short wartime specialties.

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 
              NUCLEAR OFFICERS.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
            (1) Section 312(f), relating to special pay for nuclear-
        qualified officers extending period of active service.
            (2) Section 312b(c), relating to nuclear career accession 
        bonus.
            (3) Section 312c(d), relating to nuclear career annual 
        incentive bonus.

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37 
              CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS 
              AUTHORITIES.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
            (1) Section 331(h), relating to general bonus authority for 
        enlisted members.
            (2) Section 332(g), relating to general bonus authority for 
        officers.
            (3) Section 333(i), relating to special bonus and incentive 
        pay authorities for nuclear officers.
            (4) Section 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.
            (5) Section 335(k), relating to special bonus and incentive 
        pay authorities for officers in health professions.
            (6) Section 351(i), relating to hazardous duty pay.
            (7) Section 352(g), relating to assignment pay or special 
        duty pay.
            (8) Section 353(j), relating to skill incentive pay or 
        proficiency bonus.
            (9) Section 355(i), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
              OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

    The following sections of chapter 5 of title 37, United States 
Code, are amended by striking ``December 31, 2010'' and inserting 
``December 31, 2011'':
            (1) Section 301b(a), relating to aviation officer retention 
        bonus.
            (2) Section 307a(g), relating to assignment incentive pay.
            (3) Section 308(g), relating to reenlistment bonus for 
        active members.
            (4) Section 309(e), relating to enlistment bonus.
            (5) Section 324(g), relating to accession bonus for new 
        officers in critical skills.
            (6) Section 326(g), relating to incentive bonus for 
        conversion to military occupational specialty to ease personnel 
        shortage.
            (7) Section 327(h), relating to incentive bonus for 
        transfer between armed forces.
            (8) Section 330(f), relating to accession bonus for officer 
        candidates.

SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
              REFERRAL BONUSES.

    The following sections of title 10, United States Code, are amended 
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
            (1) Section 1030(i), relating to health professions 
        referral bonus.
            (2) Section 3252(h), relating to Army referral bonus.

SEC. 617. TREATMENT OF OFFICERS TRANSFERRING BETWEEN ARMED FORCES FOR 
              RECEIPT OF AVIATION CAREER SPECIAL PAY.

    Section 301b of title 37, United States Code, is amended--
            (1) by redesignating subsections (h), (i), and (j) as 
        subsections (i), (j), and (k), respectively; and
            (2) by inserting after subsection (g) the following new 
        subsection (h):
    ``(h) Treatment of Officers Transferring From One Armed Force to 
Another.--(1) An officer who transfers from one armed force to another 
armed force shall receive the same compensation under this section as 
other officers in that armed force with the same number of years of 
aviation service performing similar aviation duties in the same weapon 
system, notwithstanding any additional active duty service obligation 
incurred as a result of the transfer.
    ``(2) Until December 31, 2015, the Secretary concerned shall 
continue, regardless of the number of years of aviation service of an 
officer, to pay compensation under this section to an officer who 
transferred or transfers from one armed force to an armed force under 
the jurisdiction of the Secretary concerned until the officer receives 
the same number of years of benefits as officers in that armed force 
with the same number of years of aviation service performing similar 
aviation duties in the same weapon system. In calculating the years of 
benefits received, the Secretary concerned shall include any year 
during which the officer received compensation under this section 
before the transfer.
    ``(3) An officer may not receive compensation under paragraph (2) 
for any period during which the officer is not qualified for 
compensation under subsection (b).''.

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.

    (a) Special Pay for Duty Subject to Hostile Fire or Imminent 
Danger.--Section 310(b)(1) of title 37, United States Code, is amended 
by striking ``$225 a month'' and inserting ``$260 a month''.
    (b) Hazardous Duty Pay.--Section 351(b)(3) of such title is amended 
by striking ``$250 per month'' and inserting ``$260 per month''.
    (c) Application of Amendments.--The amendments made by this section 
shall take effect on October 1, 2010, and apply with respect to months 
beginning on or after that date.

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.

    (a) Treatment of Members and Civilians Killed or Wounded in Certain 
2009 Attacks.--
            (1) Treatment.--For purposes of all applicable Federal 
        laws, regulations, and policies, a member of the Armed Forces 
        or civilian employee of the Department of Defense who was 
        killed or wounded in an attack described in paragraph (2) shall 
        be deemed as follows:
                    (A) In the case of a member, to have been killed or 
                wounded in a combat zone as the result of an act of an 
                enemy of the United States.
                    (B) In the case of a civilian employee of the 
                Department of Defense, to have been killed or wounded 
                as the result of an act of an enemy of the United 
                States while serving with the Armed Forces in a 
                contingency operation.
            (2) Attacks described.--Paragraph (1) applies to--
                    (A) the attack that occurred at Fort Hood, Texas, 
                on November 5, 2009; and
                    (B) the attack that occurred at a recruiting 
                station in Little Rock, Arkansas, on June 1, 2009.
            (3) Exception.--Paragraph (1) shall not apply to a member 
        of the Armed Forces or a civilian employee of the Department of 
        Defense whose death or wound as described in paragraph (1) is 
        the result of the misconduct of the member or employee, as 
        determined by the Secretary of Defense.
    (b) New Special Payment.--
            (1) In general.--Chapter 17 of title 37, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 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
    ``(a) Special Payment Required.--The Secretary of Defense shall pay 
to a member of the armed forces or a civilian employee of the 
Department of Defense who is wounded in an attack under the 
circumstances described in subsection (b), or to an eligible survivor 
if the member or employee is killed in the attack or dies from wounds 
sustained in the attack, an amount of compensation equal to the amount 
determined in subsection (c) that would have accrued--
            ``(1) in the case of a member, on behalf of a member killed 
        or wounded in a combat zone; and
            ``(2) in the case of an employee, on behalf of an employee 
        killed or wounded while serving with the Armed Forces in a 
        contingency operation.
    ``(b) Covered Attacks.--
            ``(1) Attacks described.--Except as provided in paragraph 
        (2), an attack covered by subsection (a) is any assault or 
        battery resulting in bodily injury or death committed by an 
        individual who the Secretary of Defense determines knowingly 
        targeted--
                    ``(A) a member of the armed forces on account of 
                the military service of the member or the status of 
                member as a member of the Armed Forces; or
                    ``(B) a civilian employee of the Department of 
                Defense on account of the employee's employment with 
                the Department of Defense or affiliation with the 
                Department of Defense.
            ``(2) Geographic exclusion.--Subsection (a) does not apply 
        to any attack that--
                    ``(A) occurs in a combat zone; or
                    ``(B) in the case of a civilian employee of the 
                Department, occurs while the employee is serving with 
                the armed forces in a contingency operation.
    ``(c) Calculation of Compensation Amount.--The Secretary of Defense 
shall identify, in consultation with all relevant Federal agencies, 
including the Department of Veterans Affairs and the Internal Revenue 
Service, all Federal benefits provided to members of the armed forces 
and civilian employees of the Department of Defense killed or wounded 
in a combat zone, including special pays and the value of Federal tax 
advantages accruing because certain benefits are not subject to Federal 
income tax. The Secretary shall exclude from the calculation any 
Federal benefits provided regardless of the geographic location or 
circumstances of the death or injuries.
    ``(d) Exclusion of Certain Individuals.--Subsection (a) shall not 
apply to a member of the armed forces or civilian employee of the 
Department of Defense whose death or wound as described in subsection 
(b) is the result of the misconduct of the member or employee, as 
determined by the Secretary of Defense.
    ``(e) Definitions.--In this section:
            ``(1) The term `armed forces' means the Army, Navy, Air 
        Force, and Marine Corps.
            ``(2) The term `combat zone' means a combat operation or 
        combat zone designated by the Secretary of Defense.
            ``(3) The term `eligible survivor' refers to the persons 
        eligible to receive a death gratuity payment under section 1477 
        of title 10. In the case of a deceased member or employee, the 
        eligible survivor who will receive the payment under subsection 
        (a) shall be determined as provided in such section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended 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.''.
            (3) Retroactive application.--Section 911 of title 37, 
        United States Code, as added by paragraph (1), shall apply to 
        any attack described in subsection (b) of such section 
        occurring on or after November 6, 2009.
    (c) Purple Heart.--This section and the amendments made by this 
section shall not be construed to prohibit, authorize, or require the 
award of the Purple Heart to any member of the Armed Forces.

            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.

    Section 408a(e) of title 37, United States Code, is amended by 
striking ``December 31, 2010'' and inserting ``December 31, 2011''.

SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR ATTENDANCE OF 
              DESIGNATED PERSONS AT YELLOW RIBBON REINTEGRATION EVENTS.

    (a) Payment of Travel Costs Authorized.--
            (1) In general.--Chapter 7 of title 37, United States Code, 
        is amended by inserting after section 411k the following new 
        section:
``Sec. 411l. Travel and transportation allowances: attendance of 
              designated persons at Yellow Ribbon Reintegration events
    ``(a) Allowance to Facilitate Attendance.--Under uniform 
regulations prescribed by the Secretaries concerned, travel and 
transportation described in subsection (c) may be provided for a person 
designated pursuant to subsection (b) to attend an event conducted 
under the Yellow Ribbon Reintegration Program established pursuant to 
section 582 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 10 U.S.C. 10101 note) if the Secretary 
concerned determines that the presence of the person may contribute to 
the purposes of the event.
    ``(b) Covered Persons.--A member of the uniformed services who is 
eligible to attend a Yellow Ribbon Reintegration Program event may 
designate one or more persons, including another member of the 
uniformed services, for purposes of receiving travel and transportation 
described in subsection (c) to attend a Yellow Ribbon Reintegration 
Program event. The designation of a person for purposes of this section 
may be changed at any time.
    ``(c) Authorized Travel and Transportation.--(1) The transportation 
authorized by subsection (a) for a person designated under subsection 
(b) is round-trip transportation between the home or place of business 
of the person and the location of the Yellow Ribbon Reintegration 
Program event.
    ``(2) In addition to the transportation authorized by subsection 
(a), the Secretary concerned may provide a per diem allowance or 
reimbursement for the actual and necessary expenses of the travel, or a 
combination thereof, but not to exceed the rates established under 
section 404(d) of this title.
    ``(3) The transportation authorized by subsection (a) may be 
provided by any of the following means:
            ``(A) Transportation in-kind.
            ``(B) A monetary allowance in place of transportation in-
        kind at a rate to be prescribed by the Secretaries concerned.
            ``(C) Reimbursement for the commercial cost of 
        transportation.
    ``(4) An allowance payable under this subsection may be paid in 
advance.
    ``(5) Reimbursement payable under this subsection may not exceed 
the cost of Government-procured commercial round-trip air travel.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item related to section 411k the following new item:

``411l. Travel and transportation allowances: attendance of designated 
                            persons at Yellow Ribbon Reintegration 
                            events.''.
    (b) Applicability.--No reimbursement may be provided under section 
411l of title 37, United States Code, as added by subsection (a), for 
travel and transportation costs incurred before September 30, 2010.

SEC. 633. MILEAGE REIMBURSEMENT FOR USE OF PRIVATELY OWNED VEHICLES.

    (a) Use of Single Standard Mileage Rate Established by IRS.--
Section 5704(a)(1) of title 5, United States Code, is amended by 
striking ``shall not exceed'' and inserting ``shall be equal to''.
    (b) Prescription of Mileage Reimbursement Rates.--Section 5707(b) 
of such title is amended--
            (1) in paragraph (1), by striking subparagraph (A) and 
        inserting the following new subparagraph:
            ``(A) The Administrator of General Services shall conduct 
        periodic investigations of the cost of travel and the operation 
        of privately owned airplanes and privately owned motorcycles by 
        employees while engaged on official business, and shall report 
        the results of such investigations to Congress at least once a 
        year.''; and
            (2) in paragraph (2)(A), by striking clause (i) and 
        inserting the following new clause:
                    ``(i) shall prescribe a mileage reimbursement rate 
                for privately owned automobiles which equals, as 
                provided in section 5704(a)(1) of this title, the 
                single standard mileage rate established by the 
                Internal Revenue Service, and''.

             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.

    (a) Computation of Retired Pay.--The table in section 1401(a) of 
title 10, United States Code, is amended--
            (1) in the column designated ``Column 2'', by inserting ``, 
        not to exceed 75%,'' after ``percentage of disability'' both 
        places it appears; and
            (2) by striking column 4.
    (b) Recomputation of Retired or Retainer Pay to Reflect Later 
Active Duty of Members Who First Became Members Before September 8, 
1980.--The table in section 1402(d) of such title is amended--
            (1) in the column designated ``Column 2'', by inserting ``, 
        not to exceed 75%,'' after ``percentage of disability''; and
            (2) by striking column 4.
    (c) Recomputation of Retired or Retainer Pay to Reflect Later 
Active Duty of Members Who First Became Members After September 7, 
1980.--The table in section 1402a(d) of such title is amended--
            (1) in the column designated ``Column 2'', by inserting ``, 
        not to exceed 75 percent,'' after ``percentage of disability''; 
        and
            (2) by striking column 4.
    (d) Application of Amendments.--The tables in sections 1401(a), 
1402(d), and 1402a(d) of title 10, United States Code, as in effect on 
the day before the date of the enactment of this Act, shall continue to 
apply to the computation or recomputation of retired or retainer pay 
for persons who first became entitled to retired or retainer pay under 
subtitle A of such title on or before the date of the enactment of this 
Act. The amendments made by this section shall apply only with respect 
to persons who first become entitled to retired or retainer pay under 
such subtitle after that date.

SEC. 642. EQUITY IN COMPUTATION OF DISABILITY RETIRED PAY FOR RESERVE 
              COMPONENT MEMBERS WOUNDED IN ACTION.

    Section 1208(b) of title 10, United States Code, is amended by 
adding at the end the following new sentence: ``However, in the case of 
such a member who is retired under this chapter, or whose name is 
placed on the temporary disability retired list under this chapter, 
because of a disability incurred after the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2011, for which the 
member is awarded the Purple Heart, the member shall be credited, for 
the purposes of this chapter, with the number of years of service that 
would be counted if computing the member's years of service under 
section 12732 of this title.''.

SEC. 643. ELIMINATION OF THE AGE REQUIREMENT FOR HEALTH CARE BENEFITS 
              FOR NON-REGULAR SERVICE RETIREES.

    Section 1074(b) of title 10, United States Code, is amended--
            (1) by striking ``(1)''; and
            (2) by striking paragraph (2).

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.

    Section 12731(f)(2)(B) of title 10, United States Code, is amended 
by adding at the end the following new clause:
    ``(iii) If a member described in subparagraph (A) is wounded or 
otherwise injured or becomes ill while serving on active duty pursuant 
to a call or order to active duty under a provision of law referred to 
in the first sentence of clause (i) or in clause (ii), and the member 
is then ordered to active duty under section 12301(h)(1) of this title 
to receive medical care for the wound injury, or illness, each day of 
active duty under that order for medical care shall be treated as a 
continuation of the original call or order to active duty for purposes 
of reducing the eligibility age of the member under this paragraph.''.

SEC. 645. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR RECIPIENTS OF PRE-
              SURVIVOR BENEFIT PLAN ANNUITY AFFECTED BY REQUIRED OFFSET 
              FOR DEPENDENCY AND INDEMNITY COMPENSATION.

    Section 644 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 10 U.S.C. 1448 note) is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Special Survivor Indemnity Allowance.--(1) The Secretary 
concerned shall pay a monthly special survivor indemnity allowance 
under this subsection to a qualified surviving spouse described in 
subsection (a) if--
            ``(A) the surviving spouse is entitled to dependency and 
        indemnity compensation under section 1311(a) of title 38, 
        United States Code; and
            ``(B) the amount of the annuity to which the surviving 
        spouse is entitled under subsection (b) is affected by 
        paragraph (2)(A) of such subsection.
    ``(2) Subject to paragraph (3), the amount of the special survivor 
indemnity allowance paid to surviving spouse under paragraph (1) for a 
month shall be equal to--
            ``(A) for months during fiscal year 2009, $50;
            ``(B) for months during fiscal year 2010, $60;
            ``(C) for months during fiscal year 2011, $70;
            ``(D) for months during fiscal year 2012, $80;
            ``(E) for months during fiscal year 2013, $90;
            ``(F) for months during fiscal year 2014, $150;
            ``(G) for months during fiscal year 2015, $200;
            ``(H) for months during fiscal year 2016, $275; and
            ``(I) for months during fiscal year 2017, $310.
    ``(3) The amount of the special survivor indemnity allowance paid 
to an eligible survivor under paragraph (1) for any month may not 
exceed the amount of the annuity for that month that is subject to 
offset under subsection (b)(2)(A).
    ``(4) A special survivor indemnity allowance paid under paragraph 
(1) does not constitute an annuity, and amounts so paid are not subject 
to adjustment under any other provision of law.
    ``(5) The special survivor indemnity allowance shall be paid under 
paragraph (1) from amounts in the Department of Defense Military 
Retirement Fund established under section 1461 of title 10, United 
States Code.
    ``(6) Subject to paragraph (7), this subsection shall only apply 
with respect to the month that began on October 1, 2008, and subsequent 
months through the month ending on September 30, 2017. As soon as 
practicable after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2011, the Secretary concerned shall 
pay, in a lump sum, the total amount of the special survivor indemnity 
allowances due under paragraph (1) to a qualified surviving spouse for 
months since October 1, 2008, through the month in which the first 
allowance is paid under paragraph (1) to the qualified surviving 
spouse.
    ``(7) Effective on October 1, 2017, the authority provided by this 
subsection shall terminate. No special survivor indemnity allowance may 
be paid to any person by reason of this subsection for any period 
before October 1, 2008, or beginning on or after October 1, 2017.''.

SEC. 646. PAYMENT DATE FOR RETIRED AND RETAINER PAY.

    (a) Setting Payment Date.--Section 1412 of title 10, United States 
Code, is amended--
            (1) by striking ``Amounts'' and inserting ``(a) Rounding.--
        Amounts''; and
            (2) by adding at the end the following new subsection:
    ``(b) Payment Date.--Amounts of retired pay and retainer pay due a 
retired member of the uniformed services shall be paid on the first day 
of each month beginning after the month in which the right to such pay 
accrues.''.
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 1412. Administrative provisions''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 71 of such title is amended by striking 
        the item relating to section 1412 and inserting the following 
        new item:

``1412. Administrative provisions.''.
    (c) Effective Date.--Subsection (b) of section 1412 of title 10, 
United States Code, as added by subsection (a), shall apply beginning 
with the first month that begins more than 30 days after the date of 
the enactment of this Act.

SEC. 647. SENSE OF CONGRESS CONCERNING AGE AND SERVICE REQUIREMENTS FOR 
              RETIRED PAY FOR NON-REGULAR SERVICE.

    It is the sense of Congress that--
            (1) the amendments made to section 12731 of title 10, 
        United States Code, by section 647 of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
        Stat. 160) were intended to reduce the minimum age at which 
        members of a reserve component of the Armed Forces would begin 
        receiving retired pay according to time spent deployed, by 
        three months for every 90-day period spent on active duty over 
        the course of a career, rather than limiting qualifying time to 
        such periods wholly served within the same fiscal year, as 
        interpreted by the Department of Defense; and
            (2) steps should be taken to correct this erroneous 
        interpretation by the Department of Defense in order to ensure 
        reserve component members receive the full retirement benefits 
        intended to be provided by such section 12731.

    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.

    Section 2484(h)(2) of title 10, United States Code, is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C) 
        and, in such subparagraph, by striking ``subparagraph (A)'' and 
        inserting ``this paragraph'';
            (2) in the first sentence of subparagraph (A), by inserting 
        ``the Defense Commissary Agency or'' after ``may authorize'';
            (3) by designating the second sentence of subparagraph (A) 
        as subparagraph (B) and, in such subparagraph, by striking 
        ``The Secretary may'' and inserting the following: ``If the 
        construction contract is entered into by a nonappropriated fund 
        instrumentality, the Secretary of Defense may''; and
            (4) by adding at the end of subparagraph (B), as designated 
        by paragraph (3), the following new sentence: ``If the 
        construction contract is entered into by the Defense Commissary 
        Agency, the Secretary may authorize the Defense Commissary 
        Agency accept reimbursement from a nonappropriated fund 
        instrumentality for the portion of the cost of the contract 
        that is attributable to construction for 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.

    Section 885 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 265; 10 U.S.C. 2304 note) is 
amended by adding at the end the following new subsection:
    ``(c) Morale, Welfare, and Recreation Telephone Services Defined.--
In this section, the term `morale, welfare, and recreation telephone 
services' means unofficial telephone calling center services supporting 
calling centers provided by the Army and Air Force Exchange Service, 
Navy Exchange Service Command, Marine Corps exchanges, or any other 
nonappropriated fund instrumentality of the United States under the 
jurisdiction of the Armed Forces which is conducted for the comfort, 
pleasure, contentment, or physical or mental improvement of members of 
the Armed Forces.''.

SEC. 653. FEASIBILITY STUDY ON ESTABLISHMENT OF FULL EXCHANGE STORE IN 
              THE NORTHERN MARIANA ISLANDS.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
to determine the feasibility of replacing the ``Shoppette'' of the Army 
and Air Force Exchange Service in the Northern Mariana Islands with a 
full-service exchange store. In conducting the study, the Secretary 
shall consider the welfare of members of the Armed Forces serving in 
the Northern Mariana Islands and dependents of members residing in the 
Northern Mariana Islands.
    (b) Submission of Results.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
Congress a report containing the results of the study conducted under 
subsection (a).

SEC. 654. CONTINUED OPERATION OF COMMISSARY AND EXCHANGE STORES SERVING 
              BRUNSWICK NAVAL AIR STATION, MAINE.

    The Secretary of Defense shall provide for the continued operation 
of each commissary or exchange store serving Brunswick Naval Air 
Station, Maine, through September 30, 2011, and may not take any action 
to reduce or to terminate the sale of goods at such stores during 
fiscal year 2011.

           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.

    (a) Program Authorized.--Chapter 39 of title 10, United States 
Code, is amended by inserting after section 672 the following new 
section:
``Sec. 673. Alternative career track for commissioned officers pilot 
              program
    ``(a) Program Authorized.--(1) Under regulations prescribed 
pursuant to subsection (g) and approved by the Secretary of Defense, 
the Secretary of a military department may establish a pilot program 
for an armed force under the jurisdiction of the Secretary under which 
an eligible commissioned officer, while on active duty--
            ``(A) participates in a separate career track characterized 
        by expanded career opportunities extending over a longer 
        career;
            ``(B) agrees to an additional active duty service 
        obligation of at least five years to be served concurrently 
        with other active duty service obligations; and
            ``(C) would be required to accept further active duty 
        service obligations, as determined by the Secretary, to be 
        served concurrently with other active duty service obligations, 
        including the active duty service obligation accepted under 
        subparagraph (B), in connection with the officer's entry into 
        education programs, selection for career broadening 
        assignments, acceptance of additional special and incentive 
        pays, or selection for promotion.
    ``(2) The Secretary of the military department concerned may waive 
an active duty service obligation accepted under subparagraph (B) or 
(C) of paragraph (1) to facilitate the separation or retirement of a 
participant in the program.
    ``(3) The program shall be known as the `Alternative Career Track 
Pilot Program' (in this section referred to as the `program').
    ``(b) Eligible Officers.--Commissioned officers with between 13 and 
18 years of service are eligible to volunteer to participate in the 
program.
    ``(c) Number of Participants.--No more than 50 officers of each 
armed force may be selected per year to participate in the program.
    ``(d) Alternative Career Elements of Program.--(1) The Secretaries 
of the military departments may establish separate basic pay and 
special and incentive pay and promotion systems unique to the officers 
participating in the program, without regard to the requirements of 
this title, title 37, or administrative year group cohort designation.
    ``(2) The Secretaries of the military departments may establish 
separation and retirement policies for officers participating in the 
program without regard to grade and years of service requirements 
established under this title.
    ``(3) Participants serving in a grade below brigadier general or 
rear admiral (lower half) may serve in the grade without regard to the 
limits on the number of officers in the grade established under this 
title.
    ``(e) Treatment of General and Flag Officer Participants.--(1) A 
participant serving in a grade above colonel, or captain in the Navy, 
but below lieutenant general or vice admiral, shall be--
            ``(A) counted for purposes of general officer and flag 
        officer limits on grade and the total number serving as general 
        officers and flag officers, if the participant is serving in a 
        position requiring the assignment of a military officer; but
            ``(B) excluded from limits on grade and the total number 
        serving as general officers and flag officers, if the 
        participant is serving in a position not typically occupied by 
        a military officer.
    ``(2) A participant serving in the grade of lieutenant general, 
vice admiral, general, or admiral shall be counted for purposes of 
general officer and flag officer limits on grade and the total number 
serving as general officers and flag officers.
    ``(f) Return to Standard Career Path; Effect.--(1) The Secretaries 
of the military departments retain the authority to involuntarily 
return an officer to the standard career path.
    ``(2) The Secretary of the military department concerned may return 
an officer to the standard career path at the request of the officer.
    ``(3) If the program is terminated pursuant to paragraph (4) or (5) 
of subsection (i), officers participating in the program at the time of 
the termination shall be returned to the standard career path with 
appropriate adjustments to their administrative record to ensure they 
are not penalized for participating in the pilot program.
    ``(4) An officer returned to the standard career path under 
paragraph (1), (2), or (3) shall retain the grade, date-of-rank, and 
basic pay level earned while a participant in the program but shall 
revert to the special and incentive pay authorities established in 
title 37 upon the expiration of the agreement between the Secretary and 
the officer providing any special and incentive pays under the program. 
Subsequent increases in the officer's rate of monthly basic pay shall 
conform to the annual percentage increases in basic pay rates provided 
in the basic pay table.
    ``(5) Services will adjust the participating officer's cohort year 
group to the appropriate year to ensure the officer remains competitive 
for all promotions and command opportunities in their standard career 
path.
    ``(g) Annual Report.--(1) The Secretaries of the military 
departments, in cooperation with the Secretary of Defense, shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives an annual report containing the findings and 
recommendations of the Secretary of Defense and the Secretaries of the 
military departments concerning the progress of the program for each 
armed force.
    ``(2) The Secretary of a military department, with the consent of 
the Secretary of Defense, may include in the report for a year a 
recommendation that the program be made permanent for an armed force 
under the jurisdiction of that Secretary.
    ``(h) Regulations.--The Secretary of each military department shall 
prescribe regulations to carry out the program. The regulations shall 
be subject to the approval of the Secretary of Defense.
    ``(i) Commencement; Duration.--(1) Before authorizing the 
commencement of the program for an armed force, the Secretary of the 
military department concerned, with the consent of the Secretary of 
Defense, shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the detailed program 
structure of the alternative career track, associated personnel and 
compensation policies, implementing instructions and regulations, and a 
summary of the specific provisions of this title and title 37 to be 
waived under the program. The authority to conduct the program for that 
armed force commences 120 days after the date of the submission of the 
report.
    ``(2) The Secretary of the military department concerned, with the 
consent of the Secretary of Defense, may authorize revision of the 
program structure, associated personnel and compensation policies, 
implementing instructions and regulations, or laws waived, as submitted 
by the Secretary under paragraph (1). The Secretary of the military 
department concerned, with the consent of the Secretary of Defense, 
shall submit the proposed revisions to the Committees on Armed Services 
of the Senate and House of Representatives. The revisions shall take 
effect 120 days after the date of their submission.
    ``(3) If the program for an armed force has not commenced before 
December 31, 2015, as provided in paragraph (1), the authority to 
commence the program for that armed force terminates.
    ``(4) No officer may be accepted to participate in the program 
after December 31, 2026.
    ``(5) The Secretary of the military department concerned, with the 
consent of the Secretary of Defense, may terminate the pilot program 
for an armed force before the date specified in paragraph (4). Not 
later than 90 days after terminating the pilot program, the Secretary 
of the military department concerned, in cooperation with the Secretary 
of Defense, shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report containing the reasons for 
the termination.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
672 the following new item:

``673. Alternative career track for commissioned officers pilot 
                            program.''.

                       Subtitle G--Other Matters

SEC. 671. PARTICIPATION OF MEMBERS OF THE ARMED FORCES HEALTH 
              PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM 
              IN ACTIVE DUTY HEALTH PROFESSION LOAN REPAYMENT PROGRAM.

    Section 2173(c) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(4) The person is enrolled in the Armed Forces Health 
        Professions Scholarship and Financial Assistance program under 
        subchapter I of chapter 105 of this title for a number of years 
        less than the number of years required to complete the normal 
        length of the course of study required for the specific health 
        profession.''.

SEC. 672. RETENTION OF ENLISTMENT, REENLISTMENT, AND STUDENT LOAN 
              BENEFITS RECEIVED BY MILITARY TECHNICIANS (DUAL STATUS).

    (a) Treatment of Enlistment, Reenlistment, and Student Loan 
Benefits.--Section 10216 of title 10, United States Code, is amended by 
adding at the end the following new subsection:
    ``(h) Retention of Bonuses and Other Benefits.--If an individual is 
first employed as a military technician (dual status) while the 
individual is already a member of a reserve component, the Secretary 
concerned may not--
            ``(1) require the individual to repay any enlistment, 
        reenlistment, or affiliation bonus provided to the individual 
        in connection with the individual's enlistment or reenlistment 
        before such employment; or
            ``(2) terminate the individual's participation in an 
        educational loan repayment program under chapter 1609 of this 
        title if the individual began such participation before such 
        employment.''.
    (b) Effective Date.--Subsection (h) of section 10216 of title 10, 
United States Code, as added by subsection (a), shall apply only with 
respect to individuals who are first employed as a military technician 
(dual status), as described in subsection (a)(1) of such section 10216, 
more than 180 days after the date of the enactment of this Act.

SEC. 673. CANCELLATION OF LOANS OF MEMBERS OF THE ARMED FORCES MADE 
              FROM STUDENT LOAN FUNDS.

    Section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 
1087ee(a)) is amended by adding at the end the following new paragraph:
            ``(8) For the purpose of this subsection, the term `year of 
        service' where applied to service by a member of the Armed 
        Forces described in paragraph (2)(D) means a qualified tour of 
        duty that--
                    ``(A) is for 6 months or longer; or
                    ``(B) was less than 6 months because the member was 
                discharged or released from active duty in the Armed 
                Forces for an injury or disability incurred in or 
                aggravated by service in the Armed Forces.''.

SEC. 674. REPORT ON PROVISION OF ADDITIONAL INCENTIVES FOR RECRUITMENT 
              AND RETENTION OF HEALTH CARE PROFESSIONALS FOR RESERVE 
              COMPONENTS.

    Not later than 90 days after the date of the enactment of this Act, 
the Surgeons General of the Army, Navy, and Air Force shall submit to 
Congress a report on their staffing needs for health care professionals 
in the active and reserve components of the Armed Forces. The report 
shall specifically identify the positions in most critical need for 
additional health care professionals, including the number of 
physicians needed and whether additional behavioral health 
professionals, such as psychologists and psychiatrists, are needed to 
treat members of the Armed Forces for the growing concerns of post 
traumatic stress disorder and traumatic brain injury. The report shall 
include recommendations for providing incentives for health care 
professionals with more than 20 years of clinical experience to join 
the active or reserve components, including whether changes in age or 
length of service requirements to qualify for partial retired pay for 
non-regular service could be used as a recruitment or retention 
incentives.

SEC. 675. FLEXIBLE COMMENCEMENT DATES FOR AVAILABILITY OF HOMEOWNER 
              ASSISTANCE FOR MEMBERS OF THE ARMED FORCES PERMANENTLY 
              REASSIGNED DURING MORTGAGE CRISIS.

    (a) Modification of Reassignment, Purchase, and Sale Dates.--
Subsection (a)(3) of section 1013 of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) is amended--
            (1) in subparagraph (C), by striking ``or an earlier end 
        date designated by the Secretary'' and by inserting ``or an 
        earlier start or end date designated by the Secretary under 
        subsection (c)(3)(C) for a specific military base or 
        installation'';
            (2) in subparagraph (D), by inserting ``, or a later 
        purchase date designated by the Secretary under subsection 
        (c)(3)(C) for a specific military base or installation'' after 
        ``July 1, 2006''; and
            (3) in subparagraph (E), by striking ``between July 1, 
        2006, and September 30, 2012, or an earlier end date designated 
        by the Secretary'' and inserting ``between the purchase date in 
        effect for the military base or installation under subparagraph 
        (D) and the end date in effect for the military base or 
        installation under subparagraph (D)''.
    (b) Modification Process.--Subsection (c)(3) of such section is 
amended by adding at the end the following new subparagraph:
                    ``(C) Modification of reassignment, purchase, and 
                sale dates.--In exercising the authority under 
                subsection (a)(3) to designate different reassignment, 
                purchase, and sale dates for a specific military base 
                or installation, the Secretary of Defense shall consult 
                with the Secretary of Housing and Urban Development and 
                the Secretary of the Treasury regarding the condition 
                of housing markets in the area of the base or 
                installation so that the Secretary of Defense has the 
                information needed to effectively assist members of the 
                Armed Forces and their families.''.

SEC. 676. EXCLUSION OF PERSONS CONVICTED OF COMMITTING CERTAIN SEX 
              OFFENSES FROM RECEIVING CERTAIN BURIAL-RELATED BENEFITS 
              AND FUNERAL HONORS.

    (a) Prohibition Against Interment or Memorialization in National 
Cemetery Administration, Arlington National Cemetery, and Certain State 
Veterans' Cemeteries; Prohibition Against Provision of Presidential 
Memorial Certificate, Flag, and Headstone or Marker.--Section 2411(b) 
of title 38, United States Code, is amended by adding at the end the 
following new paragraph:
            ``(4) A person who is classified as a tier III sex offender 
        under the Sex Offender Registration and Notification Act.''.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to terminate any benefit available to any person except those benefits 
specifically terminated by the amendment made by subsection (a).
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to interments and memorializations that occur on or 
after the date of the enactment of this Act.
    (d) Constitutional Authority.--The constitutional authority on 
which this section rests is the power of Congress to make rules for the 
government and regulation of the land and naval forces, as enumerated 
in article I, section 8, clause 14 of the United States Constitution.

SEC. 677. SCHOLARSHIP PROGRAM FOR VETERANS FOR PURSUIT OF GRADUATE AND 
              POST-GRADUATE DEGREES IN BEHAVIORAL HEALTH SCIENCES.

    (a) Scholarship Program.--
            (1) Program.--The Secretary of Veterans Affairs shall carry 
        out a program to provide scholarships to qualifying veterans 
        for pursuit of a graduate or post-graduate degree in behavioral 
        health sciences.
            (2) Designation.--The program carried out under this 
        section shall be known as the ``Department of Veterans Affairs 
        HONOR Scholarship Program'' (in this section referred to as the 
        ``scholarship program'').
    (b) Qualifying Veterans.--For purposes of this section, a 
qualifying veteran is any veteran who--
            (1) during service on active duty in the Armed Forces, 
        participated for such period as the Secretary of Veterans 
        Affairs, in consultation with the Secretary of Defense, shall 
        specify for purposes of the scholarship program in a theater of 
        combat or during a contingency operation overseas;
            (2) was retired, discharged, separated, or released from 
        service in the Armed Forces on or after a date (not earlier 
        than August 2, 1990) specified by the Secretary of Defense for 
        purposes of the scholarship program;
            (3) at the time of the submittal of an application to 
        participate in the scholarship program, holds an undergraduate 
        or graduate degree, as applicable, from an institution of 
        higher education that qualifies the veteran for pursuit of a 
        graduate or post-graduate degree in behavioral sciences; and
            (4) meets such other qualifications as the Secretary of 
        Veterans Affairs may establish for purposes of the scholarship 
        program.
    (c) Application.--Each qualifying veteran seeking to participate in 
the scholarship program shall submit to the Secretary of Veterans 
Affairs an application therefor setting forth such information as the 
Secretary shall specify for purposes of the scholarship program.
    (d) Agreement.--Each qualifying veteran selected by the Secretary 
of Veterans Affairs for participation in the scholarship program shall 
enter into an agreement with the Secretary regarding participation in 
the scholarship program. The agreement shall contain such terms and 
conditions as the Secretary shall specify for purposes of the 
scholarship program.
    (e) Scholarships.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        provide to each qualifying veteran who enters into an agreement 
        under subsection (d) a scholarship for such number of academic 
        years as the Secretary shall specify in the agreement for 
        pursuit of a graduate or post-graduate degree in behavioral 
        health sciences at an institution of higher education offering 
        such degree that is approved by the Secretary for purposes of 
        the scholarship program.
            (2) Elements.--The scholarship provided a qualifying 
        veteran for an academic year shall consist of payment of the 
        following:
                    (A) Tuition of the qualifying veteran for pursuit 
                of the graduate or post-graduate degree concerned in 
                the academic year.
                    (B) Reasonable educational expenses of the 
                qualifying veteran (including fees, books, and 
                laboratory expenses) in pursuit of such degree in the 
                academic year.
                    (C) A stipend in connection with the pursuit of 
                such degree in the academic year in such amount as the 
                Secretary shall specify in the agreement of the 
                qualifying veteran under subsection (d).
    (f) Obligated Service.--Each qualifying veteran who participates in 
the scholarship program shall, after completion of the graduate or 
post-graduate degree concerned and as jointly provided by the Secretary 
of Veterans Affairs and the Secretary of Defense in the agreement of 
such qualifying veteran under subsection (d), perform service as 
follows:
            (1) Such service for the Department of Veterans Affairs in 
        connection with the furnishing of mental health services to 
        veterans, and for such period, as the Secretary of Veterans 
        Affairs shall specify in the agreement.
            (2) Such service for the Department of Defense in 
        connection with the furnishing of mental health services to 
        members of the Armed Forces, and for such period, as the 
        Secretary of Veterans Affairs shall, in consultation with the 
        Secretary of Defense, specify in the agreement.
            (3) Such combination of service described by paragraphs (1) 
        and (2), and for such period, as the Secretary of Veterans 
        Affairs shall, in consultation with the Secretary of Defense, 
        specify in the agreement.
    (g) Breach of Agreement.--Each qualifying veteran participating in 
the scholarship who fails to complete satisfactorily the terms of the 
agreement of such qualifying veteran under subsection (d), whether 
through failure to obtain the graduate or post-graduate degree 
concerned or failure to perform service required of the qualifying 
veteran under subsection (f), shall be liable to the United States in 
such form and manner as the Secretary of Veterans Affairs shall, in 
consultation with the Secretary of Defense, specify in the agreement.
    (h) Contingency Operation Defined.--In this section, the term 
``contingency operation'' has the meaning given that term in section 
101(a)(13) of title 10, United States Code.

                   TITLE VII--HEALTH CARE PROVISIONS

              Subtitle A--Improvements to Health Benefits

SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN HEALTH CARE 
              COSTS.

    (a) Charges Under Contracts for Medical Care.--Section 1097(e) of 
title 10, United States Code, is amended by striking ``September 30, 
2009'' and inserting ``September 30, 2011''.
    (b) Charges for Inpatient Care.--Section 1086(b)(3) of such title 
is amended by striking ``September 30, 2010'' and inserting ``September 
30, 2011''.

SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER TRICARE.

    (a) Dependent Coverage.--
            (1) In general.--Chapter 55 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 1110b. TRICARE program: extension of dependent coverage
    ``(a) In General.--In accordance with subsection (c), an individual 
described in subsection (b) shall be deemed to be a dependent (as 
described in section 1072(2)(D) of this title) for purposes of TRICARE 
coverage.
    ``(b) Individual Described.--An individual described in this 
subsection is an individual who--
            ``(1) with respect to a member or former member of a 
        uniformed service, is--
                    ``(A) a child who has not attained the age of 26 
                and is not eligible to enroll in an eligible employer-
                sponsored plan (as defined in section 5000A(f)(2) of 
                the Internal Revenue Code of 1986); or
                    ``(B) a person who--
                            ``(i) is placed in the legal custody of the 
                        member or former member as a result of an order 
                        of a court of competent jurisdiction in the 
                        United States (or possession of the United 
                        States) for a period of at least 12 consecutive 
                        months;
                            ``(ii) has not attained the age of 26;
                            ``(iii) is not eligible to enroll in an 
                        eligible employer-sponsored plan (as defined in 
                        section 5000A(f)(2) of the Internal Revenue 
                        Code of 1986);
                            ``(iv) resides with the member or former 
                        member unless separated by the necessity of 
                        military service or to receive institutional 
                        care as a result of disability or 
                        incapacitation or under such other 
                        circumstances as the administering Secretary 
                        may by regulation prescribe;
                            ``(v) is not otherwise a dependent of a 
                        member or a former member under any 
                        subparagraph of section 1072(2) of this title; 
                        and
                            ``(vi) is not the child of a dependent who 
                        is described in subparagraph (D) or (I) of 
                        section 1072(2) and is a covered beneficiary; 
                        and
            ``(2) meets other criteria specified in regulations 
        prescribed by the Secretary.
    ``(c) Premium.--(1) The Secretary shall prescribe by regulation a 
premium for TRICARE coverage provided pursuant to this section to an 
individual described in subsection (b).
    ``(2) The monthly amount of the premium in effect for a month for 
TRICARE coverage pursuant to this section shall be an amount not to 
exceed the cost of coverage that the Secretary determines on an 
appropriate actuarial basis.
    ``(3) The Secretary shall prescribe the requirements and procedures 
applicable to the payment of premiums under this subsection.
    ``(4) Amounts collected as premiums under this paragraph shall be 
credited to the appropriation available for the Defense Health Program 
Account under section 1100 of this title, shall be merged with sums in 
such Account that are available for the fiscal year in which collected, 
and shall be available under subsection (b) of such section for such 
fiscal year.
    ``(d) TRICARE Coverage Defined.--In this section, the term `TRICARE 
coverage' means health care to which a dependent described in section 
1072(2)(D) of this title is entitled under section 1076d, 1076e, 1079, 
1086, or 1097 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 1110a the following new item:

``1110b. TRICARE program: extension of dependent coverage.''.
    (b) Conforming Amendment.--Paragraph (1) of section 1086(c) of 
title 10, United States Code, is amended by inserting after ``of this 
title'' the following: ``(or an individual described in section 
1110b(b) who meets the requirements for a dependent under paragraph (1) 
or (2) of such section 1076(b))''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2010.

SEC. 703. SURVIVOR DENTAL BENEFITS.

    Paragraph (2) of section 1076a(k) of title 10, United States Code, 
is amended to read as follows:
    ``(2) Such term includes any such dependent of a member who dies--
            ``(A) while on active duty for a period of more than 30 
        days; or
            ``(B) while such member is a member of the Ready 
        Reserve.''.

SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES.

    (a) In General.--Paragraph (2) of section 1074f(b) of title 10, 
United States Code, is amended by adding at the end the following new 
subparagraph:
            ``(D) An aural screening, including an assessment of 
        tinnitus.''.
    (b) Effective Date.--Section 1074f(b)(2) of title 10, United States 
Code, as added by subsection (a) of this section, shall apply to 
members of the Armed Forces who are deployed or return from deployment 
on or after the date that is 30 days after the date of the enactment of 
this Act.

SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL 
              PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.

    During the period beginning on October 1, 2010, and ending on 
September 30, 2011, the cost sharing requirements established under 
paragraph (6) of section 1074g(a) of title 10, United States Code, for 
pharmaceutical agents available through retail pharmacies covered by 
paragraph (2)(E)(ii) of such section may not exceed amounts as follows:
            (1) In the case of generic agents, $3.
            (2) In the case of formulary agents, $9.
            (3) In the case of nonformulary agents, $22.

SEC. 706. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE AND 
              INDIVIDUAL MOBILIZATION AUGMENTEES.

    (a) Findings.--Congress finds that a veteran who is a member of the 
Individual Ready Reserve (or who is an individual mobilization 
augmentee) and is not assigned to a unit that musters regularly and has 
an established support structure is less likely to be helped by 
existing suicide prevention programs carried out by the Secretary of 
Defense and the Secretary of Veterans Affairs.
    (b) In General.--
            (1) Suicide prevention.--Chapter 55 of title 10, United 
        States Code, is amended by adding after section 1074l the 
        following new section:
``Sec. 1074m. Suicide prevention for members of the Individual Ready 
              Reserve and individual mobilization augmentees
    ``(a) In General.--The Secretary of Defense shall ensure that each 
covered member receives a telephone call described in subsection (b) 
not less than once every 90 days during the period in which--
            ``(1) the covered member is a member of the Individual 
        Ready Reserve; or
            ``(2) the Secretary determines that the covered member is 
        an individual mobilization augmentee.
    ``(b) Counseling Call.--A telephone call described in this 
subsection is a call from properly trained personnel to determine the 
emotional, psychological, medical, and career needs and concerns of the 
covered member.
    ``(c) Referral.--(1) The personnel making a telephone call 
described in subsection (b) shall refer a covered member identified as 
being at-risk of self-caused harm to the nearest emergency room for 
immediate evaluation and treatment by a qualified mental health care 
provider.
    ``(2) If a covered member is referred under paragraph (1), the 
Secretary shall confirm that the member has received the evaluation and 
any necessary treatment.  
    ``(d) Reports.--Not later than January 31 of each year, beginning 
in 2011, the Secretary shall submit to Congress a report on the number 
of covered members who have been referred for counseling or mental 
health treatment under this section, as well as the health and career 
status of such members.
    ``(e) Covered Member Defined.--In this section, the term `covered 
member' means--
            ``(1) a member of the Individual Ready Reserve described in 
        section 10144(b) of this title who has deployed to Afghanistan 
        or Iraq in support of a contingency operation; or
            ``(2) a member of a reserve component who the Secretary 
        determines is an individual mobilization augmentee who has 
        deployed to Afghanistan or Iraq in support of a contingency 
        operation.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 1074l the following new item:

``1074m. Suicide prevention for 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.

    (a) Provision of Information.--The Secretary of Defense shall 
ensure that each member of a reserve component of the Armed Forces who 
is mobilized or demobilized is provided, together with the orders 
providing for such mobilization or demobilization, a clear and 
comprehensive statement of the medical care and treatment to which such 
member is entitled under Federal law by reason of being so mobilized or 
demobilized.
    (b) Frequency.--The statement required to be provided a member 
under subsection (a) upon a mobilization or demobilization shall be 
provided to the member each time the member is mobilized or 
demobilized, as the case may be.
    (c) Elements.--The statement provided a member under subsection (a) 
shall include the following:
            (1) A clear, comprehensive statement of the medical care 
        and treatment to which the member is entitled under Federal law 
        by reason of being mobilized or demobilized, as applicable, 
        including--
                    (A) the nature and range of the care and treatment 
                to which the member is entitled;
                    (B) the departments and agencies of the Federal 
                Government that will provide such care and treatment;
                    (C) the period for which such care and treatment 
                will be so provided; and
                    (D) the obligations, if any, of the member in 
                connection with the receipt of such care and treatment.
            (2) A clear, comprehensive statement of the health care 
        insurance available under Federal law for the member's family, 
        if any, by reason of the mobilization or demobilization of the 
        member.
            (3) A clear, comprehensive description of the mental health 
        assessments available to the member before, during, and after 
        deployment pursuant to section 708 of the national defense 
        authorization act for fiscal year 2010 (Public Law 111-84; 123 
        Stat. 2376; 10 U.S.C. 1074f note).
            (4) Such other matters as the Secretary considers 
        appropriate.

                 Subtitle B--Health Care Administration

SEC. 711. ADMINISTRATION OF TRICARE.

    Subsection (a) of section 1073 of title 10, United States Code, is 
amended--
            (1) by striking ``Except'' and inserting ``(1) Except''; 
        and
            (2) by adding at the end the following new paragraph:
    ``(2) Except as otherwise provided in this chapter, the Secretary 
of Defense shall have sole responsibility for administering the TRICARE 
program and making any decision affecting such program.''.

SEC. 712. UPDATED TERMINOLOGY FOR THE ARMY MEDICAL SERVICE CORPS.

    Paragraph (5) of section 3068 of title 10, United States Code, is 
amended--
            (1) in subparagraph (A), by striking ``Pharmacy, Supply, 
        and Administration'' and inserting ``Administrative Health 
        Services'';
            (2) in subparagraph (C), by striking ``Sanitary 
        Engineering'' and inserting ``Preventive Medicine Sciences''; 
        and
            (3) in subparagraph (D), by striking ``Optometry'' and 
        inserting ``Clinical Health Sciences''.

SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE TO 
              MILITARY HEALTH-CARE PROFESSIONALS WHO ARE MEMBERS OF THE 
              NATIONAL GUARD PERFORMING DUTY WHILE IN TITLE 32 STATUS.

    Section 1094(d) of title 10, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or (3)'' after 
        ``paragraph (2)'';
            (2) in paragraph (2), by inserting ``as being described in 
        this paragraph'' after ``paragraph (1)''; and
            (3) by adding at the end the following new paragraph:
    ``(3) A health-care professional referred to in paragraph (1) as 
being described in this paragraph is a member of the National Guard 
who--
            ``(A) has a current license to practice medicine, 
        osteopathic medicine, dentistry, or another health profession; 
        and
            ``(B) is performing training or duty under title 32 in 
        response to an actual or potential disaster.''.

SEC. 714. ANNUAL REPORT ON JOINT HEALTH CARE FACILITIES OF THE 
              DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) Annual Reports.--Section 1073b of title 10, United States Code, 
is amended by adding at the end the following new subsection:
    ``(c) Annual Report on Joint Health Care Facilities of the 
Department of Defense and the Department of Veterans Affairs.--(1) At 
the same time that the budget of the President is submitted under 
section 1105(a) of title 31 for each fiscal year, the Secretary of 
Defense and the Secretary of Veterans Affairs shall jointly submit to 
the appropriate congressional committees a report on joint facilities.
    ``(2) Each report under paragraph (1) shall include the following:
            ``(A) A list of each military medical treatment facility of 
        the Department of Defense that the Secretary of Defense is 
        considering as a potential joint facility.
            ``(B) A list of each medical facility of the Department of 
        Veterans Affairs that the Secretary of Veterans Affairs is 
        considering as a potential joint facility.
            ``(C) A list of each military medical treatment facility of 
        the Department of Defense and medical facility of the 
        Department of Veterans Affairs that has been established as a 
        joint facility.
    ``(3)(A) Except as provided in subparagraph (B), no funds 
authorized to be appropriated or otherwise made available for fiscal 
year 2012 or any fiscal year thereafter for military medical treatment 
facilities of the Department of Defense may be obligated or expended to 
establish a joint facility unless both the military medical treatment 
facility of the Department of Defense and the medical facility of the 
Department of Veterans Affairs were included in a report under 
paragraph (1).
    ``(B) The Secretary of Defense may waive the limitation in 
subparagraph (A) with respect to establishing a joint facility not 
included in a report under paragraph (1) if--
            ``(i) the Secretary and the Secretary of Veterans Affairs 
        jointly submit to the appropriate congressional committees--
                    ``(I) written certification that the Secretaries 
                began considering such joint facility after the most 
                recent report under subsection (a) was submitted to the 
                appropriate congressional committees; and
                    ``(II) a report on such joint facility, including 
                the location and the estimated cost; and
            ``(ii) a period of 30 days has elapsed after the date on 
        which the certification and report under clause (i) are 
        submitted to the appropriate congressional committees.
    ``(4) In this subsection:
            ``(A) The term `appropriate congressional committees' 
        means--
                    ``(i) the congressional defense committees;
                    ``(ii) the Committee on Veterans' Affairs of the 
                House of Representatives; and
                    ``(iii) the Committee on Veterans' Affairs of the 
                Senate.
            ``(B) The term `joint facility' means a military medical 
        treatment facility of the Department of Defense and a medical 
        facility of the Department of Veterans Affairs that are 
        combined, operated jointly, or otherwise operated in such a 
        manner that a facility of one department is operating in or 
        with a facility of the other department.
            ``(C) The term `medical facility', with respect to a 
        facility of the Department of Veterans Affairs, has the meaning 
        given that term in section 8101(3) of title 38.''.
    (b) Title 38.--
            (1) In general.--Subchapter IV of chapter 81 of title 38, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 8159. Limitation on establishment of joint facilities of the 
              Department of Veterans Affairs and the Department of 
              Defense
    ``(a) Limitation.--Except as provided in subsection (b), no funds 
authorized to be appropriated or otherwise made available for fiscal 
year 2012 or any fiscal year thereafter for medical facilities of the 
Department of Veterans Affairs may be obligated or expended to 
establish a joint facility unless both the medical facility of the 
Department of Veterans Affairs and the military medical treatment 
facility of the Department of Defense were included in a report 
submitted by the Secretary of Veterans Affairs and the Secretary of 
Defense to the appropriate congressional committees under section 
1073b(c) of title 10.
    ``(b) Waiver.--The Secretary of Veterans Affairs may waive the 
limitation in subsection (a) with respect to establishing a joint 
facility not included in a report under section 1073b(c) of title 10 
if--
            ``(1) the Secretary and the Secretary of Defense jointly 
        submit to the appropriate congressional committees--
                    ``(A) written certification that the Secretaries 
                began considering such joint facility after the most 
                recent report under section 1073b(c) of title 10 was 
                submitted to the appropriate congressional committees; 
                and
                    ``(B) a report on such joint facility, including 
                the location and the estimated cost; and
            ``(2) a period of 30 days has elapsed after the date on 
        which the certification and report under paragraph (1) are 
        submitted to the appropriate congressional committees.
    ``(c) Definitions.--In this section:
            ``(1) The term `appropriate congressional committees' 
        means--
                    ``(A) the congressional defense committees (as 
                defined in section 101(a)(16) of title 10);
                    ``(B) the Committee on Veterans' Affairs of the 
                House of Representatives; and
                    ``(C) the Committee on Veterans' Affairs of the 
                Senate.
            ``(2) The term `joint facility' means a military medical 
        treatment facility of the Department of Defense and a medical 
        facility of the Department of Veterans Affairs that are 
        combined, operated jointly, or otherwise operated in such a 
        manner that a facility of one department is operating in or 
        with a facility of the other department.
            ``(3) The term `medical facility' has the meaning given 
        that term in section 8101(3) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 8158 the following new item:

``8159. Limitation on establishment of joint facilities of the 
                            Department of Veterans Affairs and the 
                            Department of Defense.''.

SEC. 715. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR MEDICAL 
              CORPS OFFICERS.

    (a) Review of Training Programs for Medical Officers.--The 
Secretary of Defense shall conduct a review of training programs for 
medical officers (as defined in section 101(b)(14) of title 10, United 
States Code) to ensure that the academic and military performance of 
such officers has been completely documented in military personnel 
records. The programs reviewed shall include, at a minimum, the 
following:
            (1) Programs at the Uniformed Services University of the 
        Health Sciences that award a medical doctor degree.
            (2) Selected residency programs at military medical 
        treatment facilities, as determined by the Secretary, to 
        include at least one program in each of the specialties of--
                    (A) anesthesiology;
                    (B) emergency medicine;
                    (C) family medicine;
                    (D) general surgery;
                    (E) neurology;
                    (F) obstetrics/gynecology;
                    (G) pathology;
                    (H) pediatrics; and
                    (I) psychiatry.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on the findings of the review under 
subsection (a).

SEC. 716. STUDY ON REIMBURSEMENT FOR COSTS OF HEALTH CARE PROVIDED TO 
              INELIGIBLE INDIVIDUALS.

    (a) Study.--The Secretary of Defense shall conduct a study on the 
costs incurred by the United States on behalf of individuals--
            (1) who are not covered beneficiaries; and
            (2) who receive health care services from a health care 
        provider under the TRICARE program.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report on the study under subsection (a), 
including recommendations for legislative action that the Secretary 
considers appropriate to--
            (1) prevent individuals who are not covered beneficiaries 
        from receiving health care services from a health care provider 
        under the TRICARE program; and
            (2) recoup the costs of such health care from such 
        individuals.
    (c) Definitions.--In this section:
            (1) The term ``covered beneficiary'' has the meaning given 
        that term in section 1072(5) of title 10, United States Code.
            (2) The term ``TRICARE program'' has the meaning given that 
        term in section 1072(7) of such title.

SEC. 717. LIMITATION ON TRANSFER OF FUNDS TO DEPARTMENT OF DEFENSE-
              DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY 
              DEMONSTRATION PROJECT.

    The Secretary of Defense may not transfer any funds authorized to 
be appropriated by this Act for fiscal year 2011 to the Joint 
Department of Defense-Department of Veterans Affairs Medical Facility 
Demonstration Fund established in section 1704 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2571) unless, before any such transfer--
            (1) the Secretary submits to the congressional defense 
        committees, the Committee on Veterans' Affairs of the House of 
        Representatives, and the Committee on Veterans' Affairs of the 
        Senate a report providing--
                    (A) notice of the proposed transfer; and
                    (B) the exact amount and source of funds to be 
                transferred; and
            (2) a period of 30 days has elapsed (excluding days of 
        which either House of Congress is not in session) after the 
        report is submitted under paragraph (1).

SEC. 718. ENTERPRISE RISK ASSESSMENT OF HEALTH INFORMATION TECHNOLOGY 
              PROGRAMS.

    (a) Study.--The Secretary of Defense shall conduct an enterprise 
risk assessment methodology study of all health information technology 
programs of the Department of Defense.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the congressional 
defense committees a report containing the results of the study 
required under subsection (a).

                       Subtitle C--Other Matters

SEC. 721. IMPROVING AURAL PROTECTION FOR MEMBERS OF THE ARMED FORCES.

    (a) In General.--In accordance with section 721 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4506), the Secretary of Defense shall examine 
methods to improve the aural protection for members of the Armed Forces 
in combat.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit to Congress a report on the 
methods to improve aural protection examined under subsection (a).

SEC. 722. COMPREHENSIVE POLICY ON NEUROCOGNITIVE ASSESSMENT BY THE 
              MILITARY HEALTH CARE SYSTEM.

    (a) Comprehensive Policy Required.--Not later than September 30, 
2011, the Secretary of Defense shall develop and implement a 
comprehensive policy on pre- and post-deployment neurocognitive 
assessment.
    (b) Scope of Policy.--The policy required by subsection (a) shall 
cover each of the following:
            (1) Require the administration of the same pre-deployment 
        and post-deployment neurocognitive assessments to all members 
        of the military who are preparing to deploy or have returned 
        from deployment.
            (2) Require the standardization of testing procedures for 
        neurocognitive assessments.
            (3) Provide for follow-up neurocognitive assessments as 
        needed to create a longitudinal neurocognitive assessment 
        record for the on-going care of members of the Armed Forces.
            (4) Ensure the neurocognitive assessment results and 
        reports be made available to members of the Armed Forces and 
        veterans for their personal use in health management.
    (c) Updates.--The Secretary shall revise the policy required by 
subsection (a) on a periodic basis in accordance with experience and 
evolving best practice guidelines.
    (d) Annual Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and on September 30 of each year 
        thereafter, the Secretary of Defense shall submit to the 
        congressional defense committees a report on the policy 
        required by subsection (a).
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) A description of the policy implemented under 
                subsection (b), and any revisions to such policy under 
                subsection (d).
                    (B) A description of the performance measures used 
                to determine the effectiveness of the policy in 
                improving the use of neurocognitive assessments 
                throughout the Department of Defense.
    (e) Cognitive Impairment Screenings.--Until the comprehensive 
policy under subsection (a) is implemented, the Secretary shall use the 
same cognitive screening tool for pre-deployment and post-deployment 
screening to compare new data to previous baseline data for the 
purposes of detecting cognitive impairment (as described in section 
1618(e)(6) of the Wounded Warrior Act (title XVI of Public Law 110-181; 
10 U.S.C. 1071 note)) for each member of the Armed Forces--
            (1) who returns from a deployment in support of a 
        contingency operation; and
            (2) who completed a neurocognitive assessment prior to the 
        implementation of a new pre-deployment and post-deployment 
        screening tool.
    (f) Conclusion of Studies on Cognitive Assessment Tools.--Not later 
than September 30, 2011, the Secretary of Defense shall complete any 
outstanding comparative studies on the effectiveness of various 
cognitive screening tools, including existing tools used for pre-
deployment and post-deployment screenings, for the implementation of 
the comprehensive policy under subsection (a).

SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER.

    (a) Designation.--Not later than October 1, 2011, the Secretary of 
Defense may designate a center to be known as the ``National Casualty 
Care Research Center'' (in this section referred to as the ``Center''), 
which shall consist of the program known as the combat casualty care 
research program of the Army Medical Research and Materiel Command.
    (b) Director.--The Secretary, in consultation with the commanding 
general of the Army Medical Research and Materiel Command, shall 
appoint a director of the Center.
    (c) Activities of the Center.--In addition to other functions 
performed by the combat casualty care research program, the Center 
shall--
            (1) provide a public-private partnership for funding 
        clinical and experimental studies in combat injury;
            (2) integrate laboratory and clinical research to hasten 
        improvements in care to members of the Armed Forces who are 
        injured;
            (3) ensure that data from both military and civilian 
        entities, including the Joint Theater Trauma Registry and the 
        National Trauma Data Bank, are optimally used to establish 
        research agendas and measure improvements in outcomes;
            (4) fund the full range of injury research and evaluation, 
        including--
                    (A) laboratory, translational, and clinical 
                research;
                    (B) point of wounding and pre-hospital care;
                    (C) early resuscitative management;
                    (D) initial and definitive surgical care; and
                    (E) rehabilitation and reintegration into society; 
                and
            (5) coordinate the collaboration of civilian and military 
        institutions conducting trauma research.

SEC. 724. REPORT ON FEASIBILITY OF STUDY ON BREAST CANCER AMONG FEMALE 
              MEMBERS OF THE ARMED FORCES.

    (a) Report.--Not later than March 1, 2011, the Secretary of Defense 
shall submit to the congressional defense committees a report on the 
feasibility of conducting a case-control study described in subsection 
(b).
    (b) Case-control Study.--A case-control study described in this 
subsection is a case-control study on the incidence of breast cancer 
among covered members in order to determine whether covered members 
were at an elevated risk of having breast cancer, including the 
following:
            (1) A determination of the number of covered members who 
        have been diagnosed with breast cancer.
            (2) A sample of covered members who have not been diagnosed 
        with breast cancer who could serve as an appropriate comparison 
        group.
            (3) A determination of demographic information and 
        potential breast cancer risk factors regarding covered members 
        who are included in the study, including--
                    (A) race;
                    (B) ethnicity;
                    (C) age;
                    (D) possible exposure to hazardous elements or 
                chemical or biological agents (including any vaccines) 
                and where such exposure occurred;
                    (E) known breast cancer risk factors, including 
                familial, reproductive, and anthropometric parameters;
                    (F) the locations of duty stations that such member 
                was assigned;
                    (G) the locations in which such member was 
                deployed; and
                    (H) the geographic area of residence prior to 
                deployment.
            (4) An analysis of the clinical characteristics of breast 
        cancer diagnosed in covered members (including the stage, 
        grade, and other details of the cancer).
            (5) Other information the Secretary considers appropriate.
    (c) Covered Members Defined.--In this section, the term ``covered 
members'' means female members of the Armed Forces (including members 
of the National Guard and reserve components) who served in Operation 
Enduring Freedom or Operation Iraqi Freedom.

SEC. 725. ASSESSMENT OF POST-TRAUMATIC STRESS DISORDER BY MILITARY 
              OCCUPATION.

    (a) Assessment.--The Secretary of Defense shall conduct an 
assessment of post-traumatic stress disorder incidence by military 
occupation, including identification of military occupations with a 
high incidence of such disorder.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a report on the assessment under subsection (a).

SEC. 726. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP PROGRAM.

    (a) Authority to Establish.--The Secretary of Defense may establish 
a program to be known as the Visiting NIH Senior Neuroscience 
Fellowship Program at--
            (1) the Defense Advanced Research Projects Agency; and
            (2) the Defense Center of Excellence for Psychological 
        Health and Traumatic Brain Injury.
    (b) Activities of the Program.--In establishing the Visiting NIH 
Senior Neuroscience Fellowship Program under subsection (a), the 
Secretary shall require the program to--
            (1) provide a partnership between the National Institutes 
        of Health and the Defense Advanced Research Projects Agency to 
        enable identification and funding of the broadest range of 
        innovative, highest quality clinical and experimental 
        neuroscience studies for the benefit of members of the Armed 
        Forces;
            (2) provide a partnership between the National Institutes 
        of Health and the Defense Center of Excellence for 
        Psychological Health and Traumatic Brain Injury that will 
        enable identification and funding of clinical and experimental 
        neuroscience studies for the benefit of members of the Armed 
        Forces;
            (3) use the results of the studies described in paragraph 
        (1) and (2) to enhance the mission of the National Institutes 
        of Health for the benefit of the public; and
            (4) provide a military and civilian collaborative 
        environment for neuroscience-based medical problem-solving in 
        critical areas affecting both military and civilian life, 
        particularly post-traumatic stress disorder.
    (c) Period of Fellowship.--The period of any fellowship under the 
Program shall not last more than 2 years and shall not continue unless 
agreed upon by the parties concerned.

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.

    (a) Payment Process.--The Secretary of Defense and the Secretary of 
Veterans Affairs shall carry out a five-year pilot program under which 
each such Secretary shall establish a process through which each 
Secretary shall provide payment for treatments (including diagnostic 
testing) of traumatic brain injury or post-traumatic stress disorder 
received by members of the Armed Forces and veterans in health care 
facilities other than military treatment facilities or Department of 
Veterans Affairs medical facilities. Such process shall provide that 
payment be made directly to the health care facility furnishing the 
treatment.
    (b) Conditions for Payment.--The approval by a Secretary for 
payment for a treatment pursuant to subsection (a) shall be subject to 
the following conditions:
            (1) Any drug or device used in the treatment must be 
        approved or cleared by the Food and Drug Administration for any 
        purpose.
            (2) The treatment or study protocol used in treating the 
        member or veteran must have been approved by an institutional 
        review board operating in accordance with regulations issued by 
        the Secretary of Health and Human Services.
            (3) The approved treatment or study protocol (including any 
        patient disclosure requirements) must be used by the health 
        care provider delivering the treatment.
            (4) The patient receiving the treatment or study protocol 
        must demonstrate an improvement as a result of the treatment on 
        one or more of the following:
                    (A) Standardized independent pre-treatment and 
                post-treatment neuropsychological testing.
                    (B) Accepted survey instruments.
                    (C) Neurological imaging.
                    (D) Clinical examination.
            (5) The patient receiving the treatment or study protocol 
        must be receiving the treatment voluntarily.
            (6) The patient receiving the treatment may not be a 
        retired member of the uniformed services or of the Armed Forces 
        who is entitled to benefits under part A, or eligible to enroll 
        under part B, of title XVIII of the Social Security Act.
    (c) Additional Restrictions Prohibited.--Except as provided in this 
subsection (b), no restriction or condition for reimbursement may be 
placed on any health care provider that is operating lawfully under the 
laws of the State in which the provider is located with respect to the 
receipt of payment under this Act.
    (d) Payment Deadline.--The Secretary of Defense and the Secretary 
of Veterans Affairs shall make a payment for a treatment or study 
protocol pursuant to subsection (a) not later than 30 days after a 
member of the Armed Forces or veteran (or health care provider on 
behalf of such member or veteran) submits to the Secretary 
documentation regarding the treatment or study protocol. The Secretary 
of Defense and the Secretary of Veterans Affairs shall ensure that the 
documentation required under this subsection may not be an undue burden 
on the member of the Armed Forces or veteran or on the health care 
provider.
    (e) Payment Source.--Subsection (c)(1) of section 1074 of title 10, 
United States Code, shall apply with respect to the payment by the 
Secretary of Defense for treatment or study protocols pursuant to 
subsection (a) of traumatic brain injury and post-traumatic stress 
disorder received by members of the Armed Forces.
    (f) Payment Amount.--A payment under this Act shall be made at the 
equivalent Centers for Medicare and Medicaid Services reimbursement 
rate in effect for appropriate treatment codes for the State or 
territory in which the treatment or study protocol is received. If no 
such rate is in effect, payment shall be made at a fair market rate, as 
determined by the Secretary of Defense, in consultation with the 
Secretary of Health and Human Services, with respect to a patient who 
is a member of the Armed Forces or the Secretary of Veterans Affairs 
with respect to a patient who is a veteran.
    (g) Data Collection and Availability.--
            (1) In general.--The Secretary of Defense and the Secretary 
        of Veterans Affairs shall jointly develop and maintain a 
        database containing data from each patient case involving the 
        use of a treatment under this section. The Secretaries shall 
        ensure that the database preserves confidentiality and be made 
        available only--
                    (A) for third-party payer examination;
                    (B) to the appropriate congressional committees and 
                employees of the Department of Defense, the Department 
                of Veterans Affairs, the Department of Health and Human 
                Services, and appropriate State agencies; and
                    (C) to the primary investigator of the 
                institutional review board that approved the treatment 
                or study protocol, in the case of data relating to a 
                patient case involving the use of such treatment or 
                study protocol.
            (2) Enrollment in institutional review board study.--In the 
        case of a patient enrolled in a registered institutional review 
        board study, results may be publically distributable in 
        accordance with the regulations prescribed pursuant to the 
        Health Insurance Portability and Accountability Act of 1996 
        (Public Law 104-191) and other regulations and practices in 
        effect as of the date of the enactment of this Act.
            (3) Qualified institutional review boards.--The Secretary 
        of Defense and the Secretary of Veterans Affairs shall each 
        ensure that the Internet website of their respective 
        departments includes a list of all civilian institutional 
        review board studies that have received a payment under this 
        Act.
    (h) Assistance for Members To Obtain Treatment.--
            (1) Assignment to temporary duty.--The Secretary of a 
        military department may assign a member of the Armed Forces 
        under the jurisdiction of the Secretary to temporary duty or 
        allow the member a permissive temporary duty in order to permit 
        the member to receive treatment or study protocol for traumatic 
        brain injury or post-traumatic stress disorder, for which 
        payments shall be made under subsection (a), at a location 
        beyond reasonable commuting distance of the member's permanent 
        duty station.
            (2) Payment of per diem.--A member who is away from the 
        member's permanent station may be paid a per diem in lieu of 
        subsistence in an amount not more than the amount to which the 
        member would be entitled if the member were performing travel 
        in connection with a temporary duty assignment.
            (3) Gift rule waiver.--Notwithstanding any rule of any 
        department or agency with respect to ethics or the receipt of 
        gifts, any assistance provided to a member of the Armed Forces 
        with a service-connected injury or disability for travel, 
        meals, or entertainment incidental to receiving treatment or 
        study protocol under this Act, or for the provision of such 
        treatment or study protocol, shall not be subject to or covered 
        by any such rule.
    (i) Retaliation Prohibited.--No retaliation may be made against any 
member of the Armed Forces or veteran who receives treatment or study 
protocol as part of registered institutional review board study carried 
out by a civilian health care practitioner.
    (j) Treatment of University and Nationally Accredited Institutional 
Review Boards.--For purposes of this Act, a university-affiliated or 
nationally accredited institutional review board shall be treated in 
the same manner as a Government institutional review board.
    (k) Memoranda of Understanding.--The Secretary of Defense and the 
Secretary of Veterans Affairs shall seek to expeditiously enter into 
memoranda of understandings with civilian institutional review boards 
described in subsection (j) for the purpose of providing for members of 
the Armed Forces and veterans to receive treatment carried out by 
civilian health care practitioners under a treatment or study protocol 
approved by and under the oversight of civilian institutional review 
boards that would qualify for payment under this Act.
    (l) Outreach Required.--
            (1) Outreach to veterans.--The Secretary of Veterans 
        Affairs shall notify each veteran with a service-connected 
        injury or disability of the opportunity to receive treatment or 
        study protocol pursuant to this Act.
            (2) Outreach to members of the armed forces.--The Secretary 
        of Defense shall notify each member of the Armed Forces with a 
        service-connected injury or disability of the opportunity to 
        receive treatment or study protocol pursuant to this Act.
    (m) Report to Congress.--Not later than 30 days after the last day 
of each fiscal year during which the Secretary of Defense and the 
Secretary of Veterans Affairs are authorized to make payments under 
this Act, the Secretaries shall jointly submit to Congress an annual 
report on the implementation of this Act. Such report shall include 
each of the following for that fiscal year:
            (1) The number of individuals for whom the Secretary has 
        provided payments under this Act.
            (2) The condition for which each such individual receives 
        treatment for which payment is provided under this Act and the 
        success rate of each such treatment.
            (3) Treatment methods that are used by entities receiving 
        payment provided under this Act and the respective rate of 
        success of each such method.
            (4) The recommendations of the Secretaries with respect to 
        the integration of treatment methods for which payment is 
        provided under this Act into facilities of the Department of 
        Defense and Department of Veterans Affairs.
    (n) Termination.--The authority to make a payment under this Act 
shall terminate on the date that is five years after the date of the 
enactment of this Act.
    (o) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $10,000,000 for each fiscal year 
during which the Secretary of Veterans Affairs and the Secretary of 
Defense are authorized to make payments under this Act.

SEC. 728. POST-TRAUMATIC STRESS DISORDER COUNSELING FOR CIVILIAN 
              VICTIMS OF THE FORT HOOD SHOOTING AND OTHER SIMILAR 
              INCIDENTS.

    The Secretary of Defense shall make available to each civilian 
victim of a shooting on a military installation in the United States, 
including the shooting at Fort Hood on November 5, 2009, extensive 
counseling for post-traumatic stress disorder.

SEC. 729. SENSE OF CONGRESS CONCERNING THE IMPLEMENTATION OF THE 
              CONGRESSIONALLY-MANDATED RECOMMENDATIONS OF THE INSTITUTE 
              OF MEDICINE STUDY.

    (a) Findings.--Congress finds the following:
            (1) Section 717 of the National Defense Authorization Act 
        for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1073 note) 
        directed the Secretary of Defense to enter into a contract with 
        the Institute of Medicine of the National Academy of Sciences 
        to conduct a study and make recommendations regarding the 
        credentials, preparation, and training of licensed mental 
        health counselors.
            (2) In the study, the Institute of Medicine of the National 
        Academy of Sciences recommends permitting counselors to 
        practice independently under the TRICARE program.
            (3) In addition, the Institute of Medicine of the National 
        Academy of Sciences recommends that TRICARE implement a 
        comprehensive quality management system for all of its mental 
        health professionals.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should implement the requirements of subsection 
(a) of such section 717 by not later than December 31, 2010, because 
such implementation will increase the urgently needed mental health 
staff of the Department of Defense and ensure that members of the Armed 
Forces will receive timely and confidential post-deployment screenings 
with a mental health professional.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

             Subtitle A--Acquisition Policy and Management

SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS.

    (a) In General.--Section 2320 of title 10, United States Code, is 
amended--
            (1) in subsection (c)(2)--
                    (A) by inserting ``or covered litigation support 
                contractor'' after ``covered Government support 
                contractor''; and
                    (B) by inserting after ``oversight of'' the 
                following: ``, or preparation for litigation relating 
                to,''; and
            (2) by inserting after subsection (f) the following:
    ``(g) In this section, the term `covered litigation support 
contractor' means a contractor (including an expert or technical 
consultant) under contract with the Department of Defense to provide 
litigation support, which contractor executes a contract with the 
Government agreeing to and acknowledging--
            ``(1) that proprietary or nonpublic technical data 
        furnished will be accessed and used only for the purposes 
        stated in that contract;
            ``(2) that the covered litigation support contractor will 
        take all reasonable steps to protect the proprietary and 
        nonpublic nature of the technical data furnished to the covered 
        litigation support contractor; and
            ``(3) that such technical data provided to the covered 
        litigation support contractor under the authority of this 
        section shall not be used by the covered litigation support 
        contractor to compete against the third party for Government or 
        non-Government contracts.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 120 days after the date of the 
enactment of this Act.

SEC. 802. DESIGNATION OF F135 AND F136 ENGINE DEVELOPMENT AND 
              PROCUREMENT PROGRAMS AS MAJOR SUBPROGRAMS.

    (a) Designation as Major Subprograms.--Not later than 30 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
designate each of the engine development and procurement programs 
described in subsection (b) as a major subprogram of the F-35 Lightning 
II aircraft major defense acquisition program, in accordance with 
section 2430a of title 10, United States Code.
    (b) Description.--For purposes of subsection (a), the engine 
development and procurement programs are the following:
            (1) The F135 engine development and procurement program.
            (2) The F136 engine development and procurement program.
    (c) Original Baseline.--For purposes of reporting requirements 
referred to in section 2430a(b) of title 10, United States Code, for 
the major subprograms designated under subsection (a), the Secretary 
shall use the Milestone B decision for each subprogram as the original 
baseline for the subprogram.
    (d) Actions Following Critical Cost Growth.--
            (1) In general.--Subject to paragraph (2), to the extent 
        that the Secretary elects to restructure the F-35 Lightning II 
        aircraft major defense acquisition program subsequent to a 
        reassessment and actions required by subsections (a) and (c) of 
        section 2433a of title 10, United States Code, during fiscal 
        year 2010, and also conducts such reassessment and actions with 
        respect to the F135 and F136 engine development and procurement 
        programs (including related reporting based on the original 
        baseline as defined in subsection (c)), the requirements of 
        section 2433a of such title with respect to a major subprogram 
        designated under subsection (a) shall be considered to be met 
        with respect to the major subprogram.
            (2) Limitation.--Actions taken in accordance with paragraph 
        (1) shall be considered to meet the requirements of section 
        2433a of title 10, United States Code, with respect to a major 
        subprogram designated under subsection (a) only to the extent 
        that designation as a major subprogram would require the 
        Secretary of Defense to conduct a reassessment and take actions 
        pursuant to such section 2433a for such a subprogram upon 
        enactment of this Act. The requirements of such section 2433a 
        shall not be considered to be met with respect to such a 
        subprogram in the event that additional programmatic changes, 
        following the date of the enactment of this Act, cause the 
        program acquisition unit cost or procurement unit cost of such 
        a subprogram to increase by a percentage equal to or greater 
        than the critical cost growth threshold (as defined in section 
        2433(a)(5) of such title) for the subprogram.

SEC. 803. CONFORMING AMENDMENTS RELATING TO INCLUSION OF MAJOR 
              SUBPROGRAMS TO MAJOR DEFENSE ACQUISITION PROGRAMS UNDER 
              VARIOUS ACQUISITION-RELATED REQUIREMENTS.

    (a) Conforming Amendments to Section 2366a.--Section 2366a of such 
title is amended--
            (1) in subsections (a), (b)(1), and (b)(2)--
                    (A) by inserting ``or designated major subprogram'' 
                after ``major defense acquisition program''; and
                    (B) by inserting ``or subprogram'' after 
                ``program'' each place it appears (other than after 
                ``major defense acquisition program'', after ``space 
                program'', before ``requirements'', and before 
                ``manager''); and
            (2) in subsection (c)--
                    (A) by redesignating paragraphs (2), (3), (4), and 
                (5) as paragraphs (3), (4), (5), and (6), respectively; 
                and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) The term `designated major subprogram' means a major 
        subprogram of a major defense acquisition program as designated 
        under section 2430a(a)(1) of this title.''.
    (b) Conforming Amendments to Section 2366b.--Section 2366b of such 
title is amended--
            (1) in subsections (a), (b)(1), and (c)(1)--
                    (A) by inserting ``or designated major subprogram'' 
                after ``major defense acquisition program''; and
                    (B) by inserting ``or subprogram'' after 
                ``program'' each place it appears (other than after 
                ``major defense acquisition program'', after ``future-
                years defense program'', and after ``space program''); 
                and
            (2) in subsection (g)--
                    (A) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (4), and (5), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) The term `designated major subprogram' means a major 
        subprogram of a major defense acquisition program as designated 
        under section 2430a(a)(1) of this title.''.
    (c) Conforming Amendments to Section 2399.--Subsection (a) of 
section 2399 of such title is amended to read as follows:
    ``(a) Condition for Proceeding Beyond Low-rate Initial 
Production.--(1) The Secretary of Defense shall provide that a covered 
major defense acquisition program or a covered designated major 
subprogram may not proceed beyond low-rate initial production until 
initial operational test and evaluation of the program or subprogram is 
completed.
    ``(2) In this subsection:
            ``(A) The term `covered major defense acquisition program' 
        means a major defense acquisition program that involves the 
        acquisition of a weapon system that is a major system within 
        the meaning of that term in section 2302(5) of this title.
            ``(B) The term `covered designated major subprogram' means 
        a major subprogram designated under section 2430a(a)(1) of this 
        title that is a major subprogram of a covered major defense 
        acquisition program.''.
    (d) Conforming Amendments to Section 2434.--Section 2434(a) of such 
title is amended--
            (1) by inserting ``(1)'' before ``The Secretary of 
        Defense''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The provisions of this section shall apply to any major 
subprogram of a major defense acquisition program (as designated under 
section 2430a(a)(1) of this title) in the same manner as those 
provisions apply to a major defense acquisition program, and any 
reference in this section to a program shall be treated as including 
such a subprogram.''.

SEC. 804. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO RESPOND TO 
              COMBAT AND SAFETY EMERGENCIES THROUGH RAPID ACQUISITION 
              AND DEPLOYMENT OF URGENTLY NEEDED SUPPLIES.

    (a) Requirement to Establish Procedures.--Subsection (a) of section 
806 of the Bob Stump National Defense Authorization Act for Fiscal Year 
2003 (10 U.S.C. 2302 note) is amended by striking ``items that are--'' 
and inserting ``supplies that are--''.
    (b) Issues to Be Addressed.--Subsection (b) of such section is 
amended--
            (1) in paragraph (1)(B), by striking ``items'' and 
        inserting ``supplies''; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``items'' and inserting ``supplies'';
                    (B) in subparagraph (A), by striking ``an item'' 
                and inserting ``the supplies'';
                    (C) in subparagraph (B), by striking ``an item'' 
                and inserting ``the supplies''; and
                    (D) in subparagraph (C), by inserting ``and 
                utilization'' after ``deployment''.
    (c) Response to Combat Emergencies.--Subsection (c) of such section 
is amended--
            (1) by striking ``equipment'' each place it appears and 
        inserting ``supplies'';
            (2) by striking ``combat capability'' each place it 
        appears;
            (3) by inserting ``, or could result,'' after ``that has 
        resulted'' each place it appears;
            (4) by striking ``fatalities'' each place it appears and 
        inserting ``casualties'';
            (5) in paragraphs (1) and (2)(A), by striking ``is'' each 
        place it appears and inserting ``are'';
            (6) in paragraph (3)--
                    (A) by striking ``The authority of this section may 
                not be used to acquire equipment in an amount 
                aggregating more than $100,000,000 during any fiscal 
                year.''; and
                    (B) by inserting ``in an amount aggregating no more 
                than $200,000,000'' after ``for that fiscal year'';
            (7) in paragraph (4), by striking ``Each such notice'' and 
        inserting ``For each such determination, the notice under the 
        preceding sentence''; and
            (8) in paragraph (5), by striking ``that equipment'' and 
        inserting ``those supplies''.
    (d) Waiver of Certain Statues and Regulations.--Subsection (d)(1) 
of such section is amended by striking ``equipment'' in subparagraphs 
(A), (B), and (C) and inserting ``supplies''.
    (e) Testing Requirement.--Subsection (e) of such section is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``an item'' in the matter preceding 
                subparagraph (A) and inserting ``the supplies''; and
                    (B) in subparagraph (B), by striking ``of the 
                item'' and all that follows through ``requirements 
                document'' and inserting ``of the supplies in meeting 
                the original requirements for the supplies (as stated 
                in a statement of the urgent operational need'';
            (2) in paragraph (2)--
                    (A) by striking ``an item'' and inserting 
                ``supplies''; and
                    (B) by striking ``the item'' and inserting ``the 
                supplies''; and
            (3) in paragraph (3)--
                    (A) by striking ``If items'' and inserting ``If the 
                supplies''; and
                    (B) by striking ``items'' each place it appears and 
                inserting ``supplies''.
    (f) Limitation.--Subsection (f) of such section is amended to read 
as follows:
    ``(f) Limitation.--In the case of supplies that are part of a major 
system for which a low-rate initial production quantity determination 
has been made pursuant to section 2400 of title 10, United States Code, 
the quantity of such supplies acquired using the procedures prescribed 
pursuant to this section may not exceed an amount consistent with 
complying with limitations on the quantity of articles approved for 
low-rate initial production for such system. Any such supplies shall be 
included in any relevant calculation of quantities for low-rate initial 
production for the system concerned.''.

SEC. 805. PROHIBITION ON CONTRACTS WITH ENTITIES ENGAGING IN COMMERCIAL 
              ACTIVITY IN THE ENERGY SECTOR OF IRAN.

    (a) Prohibition on Contracts.--
            (1) Prohibition.--The Secretary of Defense, beginning 90 
        days after the date of the enactment of this Act, may not enter 
        into any contract with--
                    (A) an entity that engages in commercial activity 
                in the energy sector of Iran; or
                    (B) a successor entity to the entity described in 
                subparagraph (A).
            (2) Definition.--For purposes of this subsection, an entity 
        engages in commercial activity in the energy sector of Iran if 
        the entity, when entering into a contract with the Department 
        of Defense for goods and services, fails to certify to the 
        contracting officer that the entity does not engage in an 
        activity for which sanctions may be imposed under section 5(a) 
        of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note).
    (b) Remedies.--
            (1) In general.--If the Secretary of Defense, in 
        consultation with the Secretary of State, determines that an 
        entity has submitted a false certification under subsection 
        (a)(2), the Secretary of Defense may terminate a contract with 
        such entity or debar or suspend such entity from eligibility 
        for Department of Defense contracts for a period of not more 
        than 3 years. Any such debarment or suspension shall be subject 
        to the procedures that apply to debarment and suspension under 
        the Federal Acquisition Regulation under subpart 9.4 of part 9 
        of title 48, Code of Federal Regulations.
            (2) Inclusion on list of parties excluded from federal 
        procurement and nonprocurement programs.--The Administrator of 
        General Services shall include on the List of Parties Excluded 
        from Federal Procurement and Nonprocurement Programs maintained 
        by the Administrator under part 9 of the Federal Acquisition 
        Regulation issued pursuant to section 25 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 421) each entity that 
        is debarred, suspended, or proposed for debarment or suspension 
        by the Secretary on the basis of a determination of a false 
        certification under paragraph (1).
    (c) Waivers.--
            (1) Authority.--The Secretary of Defense may on a case by-
        case basis waive the requirement that an entity make a 
        certification under subsection (a)(2) if the Secretary 
        determines that it is in the interest of national security to 
        do so.
            (2) Contents of certification.--Upon issuing a waiver under 
        paragraph (1) with respect to an entity, the Secretary of 
        Defense shall submit to the Committees on Armed Services of the 
        Senate and House of Representatives, the Committee on Foreign 
        Relations of the Senate, and the Committee on Foreign Affairs 
        of the House of Representatives a notification that identifies 
        the entity involved, the nature of the contract, and the 
        rationale for issuing the waiver.

Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

SEC. 811. EXTENSION OF AUTHORITY TO PROCURE CERTAIN FIBERS; LIMITATION 
              ON SPECIFICATION.

    (a) Extension.--Section 829 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C. 
2533a note) is amended in subsection (f) by striking ``on the date that 
is five years after the date of the enactment of this Act'' and 
inserting ``on January 1, 2021''.
    (b) Prohibition on Specification in Solicitations.--No solicitation 
issued before January 1, 2021, by the Department of Defense may include 
a requirement that proposals submitted pursuant to such solicitation 
must include the use of fire resistant rayon fiber.

SEC. 812. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS.

    Section 2473 of title 10, United States Code, is amended--
            (1) in subsection (b), by striking ``subsection (d)'' and 
        inserting ``subsection (c)'';
            (2) by striking subsection (c);
            (3) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively; and
            (4) by adding at the end the following new subsection (e):
    ``(e) Competitive Procedures.--If the Secretary determines under 
subsection (a) that the requirement to procure property or services 
described in subsection (b) for the Department of Defense from a firm 
in the small arms production industrial base is not necessary to 
preserve such industrial base, any such procurement shall be awarded 
through the use of competitive procedures that afford such industrial 
base a fair opportunity to be considered for such procurement.''.

SEC. 813. ADDITIONAL DEFINITION RELATING TO PRODUCTION OF SPECIALTY 
              METALS WITHIN THE UNITED STATES.

    Section 2533b(m) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(11) The term `produced', as used in subsections (a) and 
        (b), means melted, or processed in a manner that results in 
        physical or chemical property changes that are the equivalent 
        of melting. The term does not include finishing processes such 
        as rolling, heat treatment, quenching, tempering, grinding, or 
        shaving.''.

                    Subtitle C--Studies and Reports

SEC. 821. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR ACQUISITION AND 
              FUNDING OF TECHNOLOGIES SUPPORTING NETWORK-CENTRIC 
              OPERATIONS.

    (a) Studies Required.--
            (1) Independent study.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall enter into a contract with an independent federally 
        funded research and development center to carry out a 
        comprehensive study of policies, procedures, organization, and 
        regulatory constraints affecting the acquisition of 
        technologies supporting network-centric operations. The 
        contract shall be funded from amounts appropriated pursuant to 
        an authorization of appropriations in this Act or otherwise 
        made available for fiscal year 2011 for operation and 
        maintenance for Defense-wide activities.
            (2) Joint chiefs of staff study.--The Chairman of the Joint 
        Chiefs of Staff shall carry out a comprehensive study of the 
        same subjects covered by paragraph (1). The study shall be 
        independent of the study required by paragraph (1) and shall be 
        carried out in conjunction with the military departments and in 
        coordination with the Secretary of Defense.
    (b) Matters To Be Addressed.--Each study required by subsection (a) 
shall address the following matters:
            (1) Development of a system for understanding the various 
        foundational components that contribute to network-centric 
        operations, such as data transport, processing, storage, data 
        collection, and dissemination of information.
            (2) Determining how acquisition and funding programs that 
        are in place as of the date of the enactment of this Act relate 
        to the system developed under paragraph (1).
            (3) Development of acquisition and funding models using the 
        system developed under paragraph (1), including--
                    (A) a model under which a joint entity independent 
                of any military department (such as the Joint Staff) is 
                established with responsibility and control of all 
                funding for the acquisition of technologies for 
                network-centric operations, and with authority to 
                oversee the incorporation of such technologies into the 
                acquisition programs of the military departments;
                    (B) a model under which an executive agent is 
                established to manage and oversee the acquisition of 
                technologies for network-centric operations, but would 
                not have exclusive control of the funding for such 
                programs;
                    (C) a model under which the acquisition and funding 
                programs that are in place as of the date of the 
                enactment of this Act are maintained; and
                    (D) any other model that the entity carrying out 
                the study considers relevant.
            (4) An analysis of each of the models developed under 
        paragraph (3) with respect to potential benefits in--
                    (A) collecting, processing, and disseminating 
                information;
                    (B) network commonality;
                    (C) common communications;
                    (D) interoperability;
                    (E) mission impact and success; and
                    (F) cost-effectiveness.
            (5) An evaluation of each of the models developed under 
        paragraph (3) with respect to feasibility, including 
        identification of legal, policy, or regulatory barriers that 
        may impede the implementation of such model.
    (c) Report Required.--Not later than September 30, 2011, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the results of the studies required by 
subsection (a). The report shall include the findings and 
recommendations of the studies and any observations and comments that 
the Secretary considers appropriate.
    (d) Network-centric Operations Defined.--In this section, the term 
``network-centric operations'' refers to the ability to exploit all 
human and technical elements of the Joint Force and mission partners 
through the full integration of collected information, awareness, 
knowledge, experience, and decisionmaking, enabled by secure access and 
distribution, all to achieve agility and effectiveness in a dispersed, 
decentralized, dynamic, or uncertain operational environment.

SEC. 822. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON 
              CONTRACTING IN IRAQ AND AFGHANISTAN.

    The National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is amended by adding 
at the end of subtitle F of title VIII the following new section (and 
conforming the table of sections for such subtitle at the beginning of 
title VIII and at the beginning of such Act accordingly):

``SEC. 865. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON 
              CONTRACTING IN IRAQ AND AFGHANISTAN.

    ``(a) Joint Report Required.--
            ``(1) In general.--Every 12 months, the Secretary of 
        Defense, the Secretary of State, and the Administrator of the 
        United States Agency for International Development shall submit 
        to the relevant committees of Congress a joint report on 
        contracts in Iraq or Afghanistan.
            ``(2) Matters covered.--A report under this subsection 
        shall, at a minimum, cover--
                    ``(A) any significant developments or issues with 
                respect to contracts in Iraq and Afghanistan during the 
                reporting period;
                    ``(B) the plans of the departments and agency for 
                strengthening interagency coordination of contracts in 
                Iraq and Afghanistan or in future contingency 
                operations, including plans related to the common 
                databases identified under section 861(b)(4);
                    ``(C) the desirability and feasibility of including 
                in the common databases identified under section 
                861(b)(4) information about contracts subject to the 
                regulations required by section 839 of the National 
                Defense Authorization Act for Fiscal Year 2011 
                (providing for extending and applying the requirements 
                of section 862 to additional areas designated or listed 
                in that section 839); and
                    ``(D) the penalties, if any, imposed by the 
                departments and agency on contractors for failing to 
                comply with requirements under section 861(e), 
                including requirements to provide information for the 
                common databases identified under section 861(b)(4).
            ``(3) Reporting period.--A report under this subsection 
        shall cover a period of not less than 12 months.
            ``(4) Submission of reports.--The Secretaries and the 
        Administrator shall submit an initial report under this 
        subsection not later than February 1, 2011, and shall submit an 
        updated report by February 1 of every year thereafter until 
        February 1, 2013. If the total annual amount of obligations for 
        contracts in Iraq and Afghanistan combined is less than $250 
        million for the reporting period, for the departments and 
        agency combined, the Secretaries and the Administrator may 
        submit a letter documenting this in place of a report.
    ``(b) Comptroller General Review and Report.--
            ``(1) In general.--Within 180 days after submission of each 
        annual joint report required under subsection (a), but in no 
        case later than August 5 of each year until 2013, the 
        Comptroller General shall review the joint report and 
        interagency coordination of contracting in Iraq and Afghanistan 
        and submit to the relevant committees of Congress a report on 
        such review.
            ``(2) Matters covered.--A report under this subsection 
        shall, at minimum--
                    ``(A) review how the Department of Defense, the 
                Department of State, and the United States Agency for 
                International Development are using the data contained 
                in the common databases identified under section 
                861(b)(4) in managing, overseeing, and coordinating 
                contracting in Iraq and Afghanistan; and
                    ``(B) assess the plans of the departments and 
                agency for strengthening interagency coordination of 
                contracts in Iraq and Afghanistan or in future 
                contingency operations, particularly any plans related 
                to the common databases identified under section 
                861(b)(4).
            ``(3) Access to databases and other information.--The 
        Secretary of Defense, the Secretary of State, and the 
        Administrator of the United States Agency for International 
        Development shall provide to the Comptroller General full 
        access to information on contracts in Iraq and Afghanistan for 
        the purposes of the review carried out under this subsection, 
        including the common databases identified under section 
        861(b)(4).''.

SEC. 823. EXTENSION OF COMPTROLLER GENERAL REVIEW AND REPORT ON 
              CONTRACTING IN IRAQ AND AFGHANISTAN.

    Section 863 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 258; 10 U.S.C. 2302 note) is 
amended by striking ``2010'' in subsection (a)(3) and inserting 
``2011''.

SEC. 824. INTERIM REPORT ON REVIEW OF IMPACT OF COVERED SUBSIDIES ON 
              ACQUISITION OF KC-45 AIRCRAFT.

    (a) Interim Report.--The Secretary of Defense shall submit to the 
congressional defense committees an interim report on any review of a 
covered subsidy initiated pursuant to subsection (a) of section 886 of 
the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4561) not later than 60 days after 
the date of the initiation of the review.
    (b) Report Contents.--The report required by subsection (a) shall 
contain detailed findings relating to the impact of the covered subsidy 
that led to the initiation of the review on the source selection 
process for the KC-45 Aerial Refueling Aircraft Program or any 
successor to such program and whether the covered subsidy would provide 
an unfair competitive advantage to any bidder in the source selection 
process.

SEC. 825. REPORTS ON JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT 
              SYSTEM.

    (a) Independent Analyses.--
            (1) In general.--A comprehensive analysis of the Joint 
        Capabilities Integration and Development System shall be 
        independently performed by each of the following:
                    (A) The Secretary of Defense.
                    (B) A federally funded research and development 
                center selected by the Secretary of Defense.
            (2) Matters covered.--Each such analysis shall--
                    (A) evaluate the entire Joint Capabilities 
                Integration and Development System and the problems 
                associated with it, with particular emphasis on the 
                problems relating to the length of time and the costs 
                involved in identifying, assessing, and validating 
                joint military capability needs; and
                    (B) identify the best solutions to the problems 
                evaluated under subparagraph (A) and develop 
                recommendations to carry out those solutions.
            (3) Reports.--Not later than 6 months after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives--
                    (A) a report by the Secretary on the analysis 
                performed by the Secretary under paragraph (1), with 
                particular emphasis on continuous process improvement; 
                and
                    (B) a report by the federally funded research and 
                development center selected under paragraph (1)(B) on 
                the analysis performed by the center under paragraph 
                (1), together with such comments as the Secretary 
                considers necessary on the report.
    (b) Implementation.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary of Defense--
                    (A) shall develop and begin implementing a plan to 
                address the problems with the Joint Capabilities 
                Integration and Development System, taking into account 
                the recommendations developed in the analyses required 
                under subsection (a) and as part of a program to manage 
                performance in establishing joint military 
                requirements; and
                    (B) shall submit to the Committees on Armed 
                Services of the Senate and the House of Representatives 
                a report on the plan, including, at a minimum, a 
                timeline, objectives, milestones, and projected 
                resource requirements.
            (2) Report format.--The report required under paragraph 
        (1)(B) may be included as part of any report relating to a 
        program to manage performance in establishing joint military 
        requirements.

                       Subtitle D--Other Matters

SEC. 831. EXTENSION OF AUTHORITY FOR DEFENSE ACQUISITION CHALLENGE 
              PROGRAM.

    Section 2359b(k) of title 10, United States Code, is amended by 
striking ``2012'' and inserting ``2017''.

SEC. 832. ENERGY SAVINGS PERFORMANCE CONTRACTS.

    (a) Competition Requirements for Task or Delivery Orders Under 
Energy Savings Performance Contracts.--Section 801 of the National 
Energy Conservation Policy Act (42 U.S.C. 8287) is amended by adding at 
the end the following:
    ``(c) Task or Delivery Orders.--(1) The head of a Federal agency 
may issue a task or delivery order under an energy savings performance 
contract by--
            ``(A) notifying all contractors that have received an award 
        under such contract that the agency proposes to discuss energy 
        savings performance services for some or all of its facilities 
        and, following a reasonable period of time to provide a 
        proposal in response to the notice, soliciting from such 
        contractors the submission of expressions of interest in, and 
        contractor qualifications for, performing site surveys or 
        investigations and feasibility designs and studies, and 
        including in the notice summary information concerning energy 
        use for any facilities that the agency has specific interest in 
        including in such task or delivery order;
            ``(B) reviewing all expressions of interest and 
        qualifications submitted pursuant to the notice under 
        subparagraph (A);
            ``(C) selecting two or more contractors (from among those 
        reviewed under subparagraph (B)) to conduct discussions 
        concerning the contractors' respective qualifications to 
        implement potential energy conservation measures, including--
                    ``(i) requesting references and specific detailed 
                examples with respect to similar efforts and the 
                resulting energy savings of such similar efforts; and
                    ``(ii) requesting an explanation of how such 
                similar efforts relate to the scope and content of the 
                task or delivery order concerned;
            ``(D) selecting and authorizing--
                    ``(i) more than one contractor (from among those 
                selected under subparagraph (C)) to conduct site 
                surveys, investigations, feasibility designs and 
                studies or similar assessments for the energy savings 
                performance contract services (or for discrete portions 
                of such services), for the purpose of allowing each 
                such contractor to submit a firm, fixed-price proposal 
                to implement specific energy conservation measures; or
                    ``(ii) one contractor (from among those selected 
                under subparagraph (C)) to conduct a site survey, 
                investigation, a feasibility design and study or 
                similar assessment for the purpose of allowing the 
                contractor to submit a firm, fixed-price proposal to 
                implement specific energy conservation measures;
            ``(E) providing a debriefing to any contractor not selected 
        under subparagraph (D);
            ``(F) negotiating a task or delivery order for energy 
        savings performance contracting services with the contractor or 
        contractors selected under subparagraph (D) based on the energy 
        conservation measures identified; and
            ``(G) issuing a task or delivery order for energy savings 
        performance contracting services to such contractor or 
        contractors.
    ``(2) The issuance of a task or delivery order for energy savings 
performance contracting services pursuant to paragraph (1) is deemed to 
satisfy the task and delivery order competition requirements in section 
2304c(d) of title 10, United States Code, and section 303J(d) of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
253j(d)).
    ``(3) The Secretary may issue guidance as necessary to agencies 
issuing task or delivery orders pursuant to paragraph (1).''.
    (b) Effective Date.--The amendment made by subsection (a) is 
inapplicable to task or delivery orders issued before the date of 
enactment of this Act.

SEC. 833. CONSIDERATION OF SUSTAINABLE PRACTICES IN PROCUREMENT OF 
              PRODUCTS AND SERVICES.

    (a) Consideration of Sustainable Practices.--
            (1) In general.--The Secretary of Defense shall develop and 
        issue guidance directing the Secretary of each military 
        department and the head of each defense agency to consider 
        sustainable practices in the procurement of products and 
        services. Such guidance shall ensure that strategies for 
        acquiring products or services to meet departmental or agency 
        performance requirements favor products or services described 
        in paragraph (2) if such products or services can be acquired 
        on a life cycle cost-neutral basis.
            (2) Products or services.--A product or service described 
        in this paragraph is a product or service that is energy-
        efficient, water-efficient, biobased, environmentally 
        preferable, non-ozone-depleting, contains recycled content, is 
        non-toxic, or is less toxic than alternative products or 
        services.
    (b) Exception.--Subsection (a) does not apply to the acquisition of 
weapon systems or components of weapon systems.

SEC. 834. DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECURITY.

    Section 187 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Definitions.--In this section:
            ``(1) The term `materials critical to national security' 
        means materials--
                    ``(A) upon which the production or sustainment of 
                military equipment is dependent; and
                    ``(B) the supply of which could be restricted by 
                actions or events outside the control of the Government 
                of the United States.
            ``(2) The term `military equipment' means equipment used 
        directly by the armed forces to carry out military 
        operations.''.

SEC. 835. DETERMINATION OF STRATEGIC OR CRITICAL RARE EARTH MATERIALS 
              FOR DEFENSE APPLICATIONS.

    (a) Assessment Required.--The Secretary of Defense shall undertake 
an assessment of the supply chain for rare earth materials and 
determine which, if any, rare earth materials are strategic materials 
and which rare earth materials are materials critical to national 
security. For the purposes of the assessment--
            (1) the Secretary may consider the views of other Federal 
        agencies, as appropriate;
            (2) any study conducted by the Director, Industrial Policy 
        during fiscal year 2010 may be considered as partial 
        fulfillment of the requirements of this section;
            (3) any study conducted by the Comptroller General of the 
        United States during fiscal year 2010 may be considered as 
        partial fulfillment of the requirements of this section; and
            (4) the Secretary shall consider the sources of rare earth 
        materials (both in terms of source nations and number of 
        vendors) including rare earth elements, rare earth metals, rare 
        earth magnets, and other components containing rare earths.
    (b) Plan.--In the event that the Secretary determines that a rare 
earth material is a strategic material or a material critical to 
national security, the Secretary shall develop a plan to ensure the 
long-term availability of such rare earth material, with a goal of 
establishing domestic sources of such material by December 31, 2015. In 
developing the plan, the Secretary shall consider all relevant 
components of the value-chain, including mining, processing, refining, 
and manufacturing. The plan shall include consideration of numerous 
options with respect to the material, including--
            (1) an assessment of including the material in the National 
        Defense Stockpile;
            (2) in consultation with the United States Trade 
        Representative, the identification of any trade practices known 
        to the Secretary that limit the Secretary's ability to ensure 
        the long-term availability of such material or the ability to 
        meet the goal of establishing domestic sources of such material 
        by December 31, 2015;
            (3) an assessment of the availability of financing to 
        industry, academic institutions, or not-for-profit entities to 
        provide the capacity required to ensure the availability of the 
        material and potential mechanisms to increase the availability 
        of such financing;
            (4) the benefits, if any, of Defense Production Act funding 
        to support the establishment of a domestic rare earth 
        manufacturing capability for military components;
            (5) funding for research and development of any aspect of 
        the rare earth supply-chain;
            (6) any other risk mitigation method determined appropriate 
        by the Secretary that is consistent with the goal of 
        establishing domestic sources by December 31, 2015; and
            (7) for components of the rare earth material supply-chain 
        for which no other risk mitigation method, in accordance with 
        paragraphs (1) through (6), will ensure the establishment of a 
        domestic source by December 31, 2015, a specific plan to 
        eliminate supply-chain vulnerability by the earliest date 
        practicable.
    (c) Report.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional committees described in paragraph 
        (2) a report containing the findings of the assessment under 
        subsection (a) and the plan (if any) developed under subsection 
        (b).
            (2) Congressional committees.--The congressional committees 
        described in this paragraph are as follows:
                    (A) The congressional defense committees.
                    (B) The Committee on Financial Services and the 
                Committee on Ways and Means of the House of 
                Representatives.
                    (C) The Committee on Finance and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate.
    (d) Definitions.--In this section:
            (1) Strategic material.--The term ``strategic material'' 
        means a material--
                    (A) which is essential for military equipment;
                    (B) which is unique in the function it performs; 
                and
                    (C) for which there are no viable alternatives.
            (2) Materials critical to national security.--The term 
        ``materials critical to national security'' has the meaning 
        provided by section 187(e) of title 10, United States Code, as 
        amended by section 827 of this Act.

SEC. 836. REVIEW OF NATIONAL SECURITY EXCEPTION TO COMPETITION.

    (a) Review Required.--The Secretary of Defense shall review the 
implementation by the Department of Defense of the national security 
exception to full and open competition provided in section 2304(c)(6) 
of title 10, United States Code.
    (b) Matters Reviewed.--The review of the implementation of the 
national security exception required by subsection (a) shall include--
            (1) the pattern of usage of such exception by acquisition 
        organizations within the Department to determine which 
        organizations are commonly using the exception and the 
        frequency of such usage;
            (2) the range of items or services being acquired through 
        the use of such exception;
            (3) the process for reviewing and approving justifications 
        involving such exception;
            (4) whether the justifications for use of such exception 
        typically meet the relevant requirements of the Federal 
        Acquisition Regulation applicable to the use of such exception;
            (5) issues associated with follow-on procurements for items 
        or services acquired using such exception; and
            (6) potential additional instances where such exception 
        could be applied and any authorities available to the 
        Department of Defense other than such exception that could be 
        applied in such instances.
    (c) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and of the House of 
Representatives a report on the review required by subsection (a), 
including a discussion of each of the matters specified in subsection 
(b). The report shall include any recommendations relating to the 
matters reviewed that the Secretary considers appropriate. The report 
shall be submitted in unclassified form but may include a classified 
annex.
    (d) Regulations.--
            (1) Requirement.--Not later than 270 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional committees described in paragraph 
        (2) draft regulations on the implementation of the national 
        security exception to full and open competition provided in 
        section 2304(c)(6) of title 10, United States Code, taking into 
        account the results of the review required by subsection (a).
            (2) Congressional committees.--The congressional committees 
        described in this paragraph are the following:
                    (A) The Committee on Armed Services and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate.
                    (B) The Committee on Armed Services and the 
                Committee on Oversight and Government Reform of the 
                House of Representatives.

SEC. 837. INCLUSION OF BRIBERY IN DISCLOSURE REQUIREMENTS OF THE 
              FEDERAL AWARDEE PERFORMANCE AND INTEGRITY INFORMATION 
              SYSTEM.

    (a) Inclusion of Bribery in Disclosure Requirements.--Section 
872(c) of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4556) is amended by 
adding at the end the following new paragraph:
            ``(8) To the maximum extent practical, information similar 
        to the information covered by paragraph (1) in connection with 
        any law relating to bribery of a country which is a signatory 
        of the Convention on Combating Bribery of Foreign Public 
        Officials in International Business Transactions, signed at 
        Paris on December 17, 1997.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect not later than 90 days after the date of the enactment of this 
Act.

SEC. 838. REQUIREMENT FOR ENTITIES WITH FACILITY CLEARANCES THAT ARE 
              NOT UNDER FOREIGN OWNERSHIP CONTROL OR INFLUENCE 
              MITIGATION.

    (a) Requirement.--The Secretary of Defense shall require the 
directors of a covered entity to establish a government security 
committee that shall ensure that the covered entity employs and 
maintains policies and procedures that meet requirements under the 
national industrial security program.
    (b) Covered Entity.--A covered entity under this section is an 
entity--
            (1) to which the Department of Defense has granted a 
        facility clearance;
            (2) that is not subject to foreign ownership control or 
        influence mitigation measures; and
            (3) that is a corporation.
    (c) Discretionary Requirement.--The Secretary of Defense may 
require that the requirement in subsection (a) apply to an entity that 
meets the elements described in paragraphs (1) and (2) of subsection 
(b) and is a limited liability company, sole proprietorship, nonprofit 
corporation, partnership, academic institution, or any other entity 
holding a facility clearance.
    (d) Guidance.--The Secretary of Defense shall develop implementing 
guidance for the requirement in subsection (a).
    (e) Government Security Committee.--For the purposes of this 
section, a government security committee is a subcommittee of a covered 
entity's board of directors, made up of resident United States 
citizens, that is responsible for ensuring that the covered entity 
complies with the requirements of the national industrial security 
program.

SEC. 839. REPORT RELATED TO MINORITY-OWNED, WOMEN-OWNED, AND 
              DISADVANTAGED-OWNED SMALL BUSINESSES.

    Not later than December 1, 2010, the Secretary of Defense shall 
provide to the Congressional Black Caucus a report that includes a list 
of minority-owned, women-owned, and disadvantaged-owned small 
businesses that receive contracts resulting from authorized funding to 
the Department of Defense. The list shall cover the 10 calendar years 
preceding the date of the enactment of this Act and shall include, for 
each listed business, the name of the business and the business owner 
and the amount of the contract award.

SEC. 840. DEFENSE INDUSTRIAL BASE PRIORITY FOR RARE EARTH NEODYMIUM 
              IRON BORON MAGNETS.

    (a) Findings.--Congress finds the following:
            (1) There is an urgent need to restore the United States 
        capability to manufacture sintered neodymium iron boron magnets 
        for use in defense applications and there is an urgent need to 
        eliminate the domestic supply-chain vulnerability related to 
        these key materials in the defense supply-chain.
            (2) An April 14, 2010 report by the Government 
        Accountability Office entitled ``Rare Earth Materials in the 
        Defense Supply Chain'' demonstrates--
                    (A) the ``United States is not currently producing 
                neodymium iron boron magnets,'' a key rare earth 
                material;
                    (B) that future availability of neodymium is 
                largely controlled by Chinese suppliers;
                    (C) that alternatives to rare earth materials could 
                reduce the demand and dependence on rare earth 
                materials in 10 to 15 years, but these materials might 
                not meet current application requirements;
                    (D) where rare earth materials are used in defense 
                systems, the materials are responsible for the 
                functionality of the component and would be difficult 
                to replace without losing performance;
                    (E) fin actuators used in precision-guided 
                munitions are specifically designed around the 
                capabilities of neodymium iron boron rare earth 
                magnets, which are primarily available from Chinese 
                suppliers;
                    (F) the DDG-51 Hybrid Electric Drive Ship Program 
                uses permanent-magnet motors using neodymium magnets 
                from China; and
                    (G) future generations of some defense system 
                components, such as transmit and receive modules for 
                radars, will continue to depend on rare earth 
                materials.
            (3) The United States has the technological capability to 
        restore its neodymium iron boron manufacturing capability.
            (4) Worldwide supplies or rare earth materials, including 
        neodymium, are expected to tighten significantly within the 
        next 3-5 years.
            (5) A domestic effort to restore domestic sintered 
        neodymium iron boron magnet manufacturing capability, including 
        efforts to qualify those magnets for use in defense 
        applications, will take between 3-5 years and should begin 
        immediately to avoid future weapon system delivery disruption.
    (b) Requirement.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committees on 
Armed Services of the House of Representatives and the Senate a plan to 
establish a domestic source of sintered neodymium iron boron magnets 
for use in the defense supply chain.
    (c) Sintered Neodymium Iron Boron Magnets.--For the purposes of 
subsection (b), the capability to manufacture sintered neodymium iron 
boron magnets includes the alloying, pressing, and sintering of magnet 
materials. It does not include manufacturing magnets from standard 
shapes or imported blocks of neodymium. The Secretary's plan shall not 
allow the grinding or reprocessing of neodymium to be considered a 
``domestic source of sintered neodymium iron boron magnets''.

SEC. 841. SENSE OF CONGRESS REGARDING COST SAVINGS THROUGH REDUCTIONS 
              IN WASTE, FRAUD, AND ABUSE.

    (a) Findings.--Congress finds the following:
            (1) The Secretary of Defense has undertaken meaningful 
        efforts to eliminate waste, fraud, and abuse through contractor 
        oversight and new policies and procedures aimed at increasing 
        emphasis on ethics, governance, and fraud prevention.
            (2) The Government Accountability Office report dated 
        December 16, 2009, on the status of 3,099 recommendations made 
        to the Department of Defense by the Government Accountability 
        Office between 2001 and 2008, indicates that the Department of 
        Defense has implemented 1,871, or 61 percent, of the 
        recommendations.
            (3) The Government Accountability Office estimates that the 
        implementation of these recommendations yielded the Federal 
        Government a savings of $89 billion from 2001 through 2007, 
        averaging $12.7 billion in annual financial benefit.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) there is potential for additional and significant cost 
        savings through further reductions by the Secretary of Defense 
        in waste, fraud, and abuse, particularly with regard to 
        contracting processes; and
            (2) the Secretary of Defense should make implementation of 
        the remaining Government Accountability Office recommendations 
        an utmost priority of the Department of Defense.

SEC. 842. PROCUREMENT OF ARTICLES, MATERIALS, AND SUPPLIES FOR USE 
              OUTSIDE THE UNITED STATES.

    (a) Requirement.--In procuring articles, materials, or supplies for 
use outside of the United States, including procurements for military 
construction projects, the Department of Defense shall solicit bids 
from United States sources.
    (b) Exception.--Subsection (a) shall not apply if the articles, 
materials, or supplies to be procured are--
            (1) not mined, produced, or manufactured in the United 
        States in sufficient and reasonably available quantities;
            (2) needed on an urgent basis and not acquired on a regular 
        basis; or
            (3) perishable, or will otherwise degrade because of the 
        time involved in shipping.

SEC. 843. ADDITIONAL INFORMATION ON WAIVERS UNDER BUY AMERICAN ACT BY 
              DEPARTMENT OF DEFENSE REQUIRED TO BE INCLUDED IN ANNUAL 
              REPORT.

     Section 812 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 10 U.S.C. 2501 note) is amended in 
subsection (c)(2)(A) by striking clause (vi) and inserting the 
following:
                    ``(v) An itemized list of all waivers granted with 
                respect to such articles, materials, or supplies under 
                the Buy American Act (41 U.S.C. 10a et seq.), 
                including--
                            ``(I) an analysis of the domestic capacity 
                        to supply the articles, materials, or supplies; 
                        and
                            ``(II) an analysis of the reasons for an 
                        increase or decrease in the number of waivers 
                        granted from fiscal year to fiscal year.''.

SEC. 844. REQUIREMENT TO INCLUDE EFFECTS ON DOMESTIC JOBS IN PERIODIC 
              ASSESSMENTS OF DEFENSE CAPABILITY.

    Section 2505(b)(4) of title 10, United States Code, is amended by 
inserting after ``title)'' the following: ``, including the effects on 
domestic jobs,''.

SEC. 845. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING PRIVATE 
              SECURITY FUNCTIONS.

    (a) Extension of Regulations.--
            (1) In general.--The Secretary of Defense, in coordination 
        with the Secretary of State, shall issue regulations to extend 
        and apply the requirements of section 862 of the National 
        Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
        181; 10 U.S.C. 2302 note) to additional areas as designated 
        under paragraph (2) and as listed in paragraph (3).
            (2) Additional areas designated.--The Secretary of Defense 
        shall designate as additional areas for purposes of this 
        section any area--
                    (A) that is an area within a foreign country or an 
                area covering all or part of more than one foreign 
                country;
                    (B) that is not an area of combat operations as 
                designated under subsection (c) of section 862 of such 
                Act; and
                    (C) in which significant military operations, as 
                designated by the Secretary, are being carried out by 
                United States Armed Forces.
            (3) Additional areas listed.--In addition to any areas 
        designated by the Secretary under paragraph (2), the following 
        areas shall be considered additional areas listed in this 
        paragraph for purposes of this section:
                    (A) The Horn of Africa region.
                    (B) Yemen.
                    (C) The Philippines.
                    (D) Haiti.
    (b) Extension Timelines.--The Secretary shall prescribe regulations 
applicable to the additional areas--
            (1) designated under subsection (a)(2), not later than 
        March 1, 2012; and
            (2) listed in subsection (a)(3), not later than March 1, 
        2011.
    (c) Report on Implementation.--Not later than 90 days after the 
dates specified in subsection (b), the Secretary of Defense, in 
coordination with the Secretary of State, shall submit to Congress a 
report on the implementation of the regulations prescribed under this 
section. The report shall include--
            (1) a complete list of additional areas designated by the 
        Secretary under subsection (a)(2), and a detailed description 
        of the criteria used to make the designation;
            (2) the total number of contractors performing private 
        security functions in each additional area designated under 
        subsection (a)(2) or listed in subjection (a)(3); and
            (3) an assessment of the long-term options for reducing the 
        use of contractors for private security functions, including 
        the use of Government personnel to provide such functions.
    (d) Private Security Functions.--Notwithstanding section 864 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181), as amended by section 813 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84), in this 
section, the term ``private security functions'' means activities 
engaged in by a contractor as follows:
            (1) Guarding of personnel, facilities, or property of a 
        Federal agency.
            (2) Any other activity for which personnel are required to 
        carry weapons in the performance of their duties.

SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES.

    (a) Contract Requirement.--The Secretary of Defense shall ensure 
that each contract awarded by the Department of Defense that includes 
the procurement of photovoltaic devices, including contracts described 
in subsection (b), includes a provision requiring the photovoltaic 
devices to comply with the Buy American Act (41 U.S.C. 10a et seq.).
    (b) Contracts Described.--The contracts described in this 
subsection include, but are not limited to, energy savings performance 
contracts, utility service contracts, land leases, and private housing 
contracts.
    (c) Definition of Photovoltaic Devices.--In this section, the term 
``photovoltaic devices'' means devices that convert light directly into 
electricity through a solid-state, semiconductor process.

SEC. 847. REQUIREMENT FOR CONTRACTS IN IRAQ AND AFGHANISTAN TO USE 
              EMPLOYEES AND NOT INDEPENDENT CONTRACTORS FOR PRIVATE 
              SECURITY SERVICES.

    (a) Requirement.--Any contract in Iraq or Afghanistan for the 
procurement of private security services shall contain a requirement 
that, in the case of any contractor using individuals who are United 
States citizens and required to have a United States security clearance 
to perform private security services under the contract, the contractor 
shall use employees and not independent contractors for the provision 
of such services.
    (b) Contract in Iraq or Afghanistan.--In this section, the term 
``contract in Iraq or Afghanistan'' means a contract with the 
Department of Defense, the Department of State, or the United States 
Agency for International Development, a subcontract at any tier issued 
under such a contract, or a task order or delivery order at any tier 
issued under such a contract (including a contract, subcontract, or 
task order or delivery order issued by another Government agency for 
the Department of Defense, the Department of State, or the United 
States Agency for International Development), if the contract, 
subcontract, or task order or delivery order involves work performed in 
Iraq or Afghanistan for a period longer than 14 days.
    (c) Private Security Services.--In this section, the term ``private 
security services'' means activities engaged in by a contractor under a 
contract in Iraq or Afghanistan and includes--
            (1) guarding of personnel, facilities, or property of a 
        Federal agency, the contractor or subcontractor, or a third 
        party;
            (2) any other activity for which personnel are required to 
        carry weapons in the performance of their duties; and
            (3) training in any activity covered by paragraph (1) or 
        (2).
    (d) Waiver Authority.--The Secretary of Defense, the Secretary of 
State, or the Administrator of the United States Agency for 
International Development may waive the requirement in subsection (a) 
with respect to a contract of the Department of Defense, the Department 
of State, or the United States Agency for International Development, 
respectively, if the Secretary concerned or the Administrator--
            (1) determines in writing that a waiver is necessary in the 
        interests of national security; and
            (2) submits to Congress a notification of such waiver.

SEC. 848. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN EVALUATION 
              OF OFFERS FOR KC-X AERIAL REFUELING AIRCRAFT PROGRAM.

    (a) Requirement to Consider Unfair Competitive Advantage.--In 
awarding a contract for the KC-X aerial refueling aircraft program (or 
any successor to that program), the Secretary of Defense shall, in 
evaluating any offers submitted to the Department of Defense in 
response to a solicitation for offers for such program, consider any 
unfair competitive advantage that an offeror may possess.
    (b) Report.--Not later than 60 days after submission of offers in 
response to any such solicitation, the Secretary of Defense shall 
submit to the congressional defense committees a report on any unfair 
competitive advantage that any offeror may possess.
    (c) Requirement to Take Findings Into Account in Award of 
Contract.--In awarding a contract for the KC-X aerial refueling 
aircraft program (or any successor to that program), the Secretary of 
Defense shall take into account the findings of the report submitted 
under subsection (b).
    (d) Unfair Competitive Advantage.--In this section, the term 
``unfair competitive advantage'', with respect to an offer for a 
contract, means a situation in which the cost of development, 
production, or manufacturing is not fully borne by the offeror for such 
contract.

SEC. 849. DEBARMENT OF BP AND ITS SUBSIDIARIES.

    (a) Contracts With BP and Its Subsidiaries.--If the Secretary of 
Defense determines that BP or any of its subsidiaries performing any 
contract with the Department of Defense is no longer a responsible 
source (as defined in section 2302 of title 10, United States Code), 
the Secretary shall determine, not later than 90 days after making such 
determination, whether BP or its subsidiaries should be debarred from 
contracting with the Department of Defense.
    (b) Debar.--In this section, the term ``debar'' has the meaning 
given that term by section 2393(c) of title 10, United States Code.

SEC. 850. OFFICE OF FEDERAL PROCUREMENT POLICY ACT AMENDMENTS.

    (a) Service Contract Inventory Requirement.--
            (1) In general.--The Office of Federal Procurement Policy 
        Act (41 U.S.C. 403 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 45. SERVICE CONTRACT INVENTORY REQUIREMENT.

    ``(a) Service Contract Inventory Requirement.--
            ``(1) Guidance.--The Director of the Office of Management 
        and Budget shall develop and disseminate guidance to aid 
        executive agencies in establishing systems for the collection 
        of information required to meet the requirements of this 
        section and to ensure consistency of inventories across 
        agencies.
            ``(2) Report.--The Director of the Office of Management and 
        Budget shall submit a report to Congress on the status of 
        efforts to enable executive agencies to prepare the inventories 
        required under paragraph (3), including the development, as 
        appropriate, of guidance, methodologies, and technical tools.
            ``(3) Inventory contents.--Not later than December 31, 
        2010, and annually thereafter, the head of each executive 
        agency required to submit an inventory in accordance with the 
        Federal Activities Inventory Reform Act of 1998 (Public Law 
        105-270; 31 U.S.C. 501 note), other than the Department of 
        Defense, shall submit to the Office of Management and Budget an 
        annual inventory of service contracts awarded or extended 
        through the exercise of an option or a task order, for or on 
        behalf of such agency. For each service contract, the entry for 
        an inventory under this section shall include, for the 
        preceding fiscal year, the following:
                    ``(A) A description of the services purchased by 
                the executive agency and the role the services played 
                in achieving agency objectives, regardless of whether 
                such a purchase was made through a contract or task 
                order.
                    ``(B) The organizational component of the executive 
                agency administering the contract, and the 
                organizational component of the agency whose 
                requirements are being met through contractor 
                performance of the service.
                    ``(C) The total dollar amount obligated for 
                services under the contract and the funding source for 
                the contract.
                    ``(D) The total dollar amount invoiced for services 
                under the contract.
                    ``(E) The contract type and date of award.
                    ``(F) The name of the contractor and place of 
                performance.
                    ``(G) The number and work location of contractor 
                and subcontractor employees, expressed as full-time 
                equivalents for direct labor, compensated under the 
                contract, using direct labor hours and associated cost 
                data collected from contractors.
                    ``(H) Whether the contract is a personal services 
                contract.
                    ``(I) Whether the contract was awarded on a 
                noncompetitive basis, regardless of date of award.
    ``(b) Form.--Reports required under this section shall be submitted 
in unclassified form, but may include a classified annex.
    ``(c) Publication.--Not later than 30 days after the date on which 
the inventory under subsection (a)(3) is required to be submitted to 
the Office of Management and Budget, the head of each executive agency 
shall--
            ``(1) make the inventory available to the public; and
            ``(2) publish in the Federal Register a notice that the 
        inventory is available to the public.
    ``(d) Government-wide Inventory Report.--Not later than 90 days 
after the deadline for submitting inventories under subsection (a)(3), 
and annually thereafter, the Director of the Office of Management and 
Budget shall submit to Congress and make publicly available on the 
Office of Management and Budget website a report on the inventories 
submitted. The report shall identify whether each agency required to 
submit an inventory under subsection (a)(3) has met such requirement 
and summarize the information submitted by each executive agency 
required to have a Chief Financial Officer pursuant to section 901 of 
title 31, United States Code.
    ``(e) Review and Planning Requirements.--Not later than 180 days 
after the deadline for submitting inventories under subsection (a)(3) 
for an executive agency, the head of the executive agency, or an 
official designated by the agency head shall--
            ``(1) review the contracts and information in the 
        inventory;
            ``(2) ensure that--
                    ``(A) each contract in the inventory that is a 
                personal services contract has been entered into, and 
                is being performed, in accordance with applicable laws 
                and regulations;
                    ``(B) the contracts do not include to the maximum 
                extent practicable functions that are closely 
                associated with inherently governmental functions;
                    ``(C) the agency is not using contractor employees 
                to perform inherently governmental functions;
                    ``(D) the agency has specific safeguards and 
                monitoring systems in place to ensure that work being 
                performed by contractors has not changed or expanded 
                during performance to become an inherently governmental 
                function;
                    ``(E) the agency is not using contractor employees 
                to perform critical functions in such a way that could 
                affect the ability of the agency to maintain control of 
                its mission and operations; and
                    ``(F) there are sufficient internal agency 
                resources to manage and oversee contracts effectively;
            ``(3) identify contracts that have been poorly performed, 
        as determined by a contracting officer, because of excessive 
        costs or inferior quality; and
            ``(4) identify contracts that should be considered for 
        conversion to--
                    ``(A) performance by Federal employees of the 
                executive agency in accordance with agency insourcing 
                guidelines required under section 736 of the Financial 
                Services and General Government Appropriations Act, 
                2009 (Public Law 111-8, division D) and section 46 of 
                this Act; or
                    ``(B) an alternative acquisition approach that 
                would better enable the agency to efficiently utilize 
                its assets and achieve its public mission.
    ``(f) Report on Actions Taken in Response to Annual Inventory.--Not 
later than one year after submitting an annual inventory under 
subsection (a)(3), the head of each executive agency submitting such an 
inventory shall submit to the Office of Management and Budget a report 
summarizing the actions taken pursuant to subsection (e), including any 
actions taken to consider and convert functions from contractor to 
Federal employee performance. The report shall be included as an 
attachment to the next annual inventory and made publicly available in 
accordance with subsection (c).
    ``(g) Submission of Service Contract Inventory Before Public-
private Competition.--Notwithstanding any other provision of law, 
beginning in fiscal year 2011, if an executive agency has not submitted 
to the Office of Management and Budget the inventory required under 
subsection (a)(3) for the prior fiscal year, the agency may not begin, 
plan for, or announce a study or public-private competition regarding 
the conversion to contractor performance of any function performed by 
Federal employees pursuant to Office of Management and Budget Circular 
A-76 or any other administrative regulation or directive until such 
time as the inventory is submitted for the prior fiscal year.
    ``(h) GAO Reports on Implementation.--
            ``(1) Report on guidance.--Not later than 120 days after 
        submission of the report by the Director of the Office of 
        Management and Budget required under subsection (a)(2), the 
        Comptroller General of the United States shall report on the 
        guidance issued and actions taken by the Director. The report 
        shall be submitted to the Committee on Homeland Security and 
        Governmental Affairs and the Committee on Appropriations of the 
        Senate and the Committee on Oversight and Government Reform and 
        the Committee on Appropriations of the House of 
        Representatives.
            ``(2) Reports on inventories.--
                    ``(A) Initial inventory.--Not later than September 
                30, 2011, the Comptroller General of the United States 
                shall submit a report to the Committees named in the 
                preceding paragraph on the initial implementation by 
                executive agencies of the inventory requirement in 
                subsection (a)(3) with respect to inventories required 
                to be submitted by December 31, 2010.
                    ``(B) Second inventory.--Not later than September 
                30, 2012, the Comptroller General shall submit a report 
                to the same Committees on annual inventories required 
                to be submitted by December 31, 2011.
            ``(3) Periodic briefings.--The Comptroller General shall 
        provide periodic briefings, as may be requested by the 
        Committees, on matters related to implementation of this 
        section.
    ``(i) Executive Agency Defined.--In this section, the term 
`executive agency' has the meaning given the term in section 4 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 403).''.
            (2) Clerical amendment.--The table of sections in section 1 
        of such Act is amended by adding at the end the following new 
        item:

``Sec. 45. Service contract inventory requirement.''.
            (3) Repeal of superseded law.--Section 743(c) of the 
        Financial Services and General Government Appropriations Act, 
        2010 (Public Law 111-117; 123 Stat. 3216) is amended by 
        striking ``and annually thereafter,''.
    (b) Prohibition Against Direct Conversions.--
            (1) In general.--Section 43(a)(1) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 439) is amended by striking 
        ``10 or more''.
            (2) Guidance.--Not later than 60 days after the date of the 
        enactment of this Act, the Director of the Office of Management 
        and Budget shall issue guidance to all Federal agencies other 
        than the Department of Defense to ensure that no function last 
        performed by Federal employees is converted to contractor 
        performance without complying with the requirements of section 
        43 of such Act, as amended by this section.
    (c) Guidelines on Insourcing New and Contracted Out Functions.--
            (1) In general.--The Office of Federal Procurement Policy 
        Act (41 U.S.C. 403 et seq.), as amended by subsection (a), is 
        further amended by adding at the end the following new section:

``SEC. 46. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS.

    ``(a) Guidelines Required.--(1) The heads of executive agencies 
subject to the Federal Activities Inventory Reform Act of 1998 (Public 
Law 105-270; 31 U.S.C. 501 note) shall devise and implement guidelines 
and procedures to ensure that consideration is given to using, on a 
regular basis, Federal employees to perform new functions and functions 
that are performed by contractors and could be performed by Federal 
employees.
    ``(2) The guidelines and procedures required under subparagraph (A) 
may not include any specific limitation or restriction on the number of 
functions or activities that may be converted to performance by Federal 
employees.
    ``(b) Special Consideration for Certain Functions.--The guidelines 
and procedures required under paragraph (1) shall provide for special 
consideration to be given to using Federal employees to perform any 
function that--
            ``(1) is performed by a contractor and--
                    ``(A) has been performed by Federal employees at 
                any time during the previous 10 years;
                    ``(B) is a function closely associated with the 
                performance of an inherently governmental function;
                    ``(C) has been performed pursuant to a contract 
                awarded on a non-competitive basis; or
                    ``(D) has been performed poorly, as determined by a 
                contracting officer during the 5-year period preceding 
                the date of such determination, because of excessive 
                costs or inferior quality; or
            ``(2) is a new requirement, with particular emphasis given 
        to a new requirement that is similar to a function previously 
        performed by Federal employees or is a function closely 
        associated with the performance of an inherently governmental 
        function.
    ``(c) Exclusion of Certain Functions From Competitions.--The head 
of an executive agency may not conduct a public-private competition 
under Office of Management and Budget Circular A-76 or any other 
provision of law or regulation before--
            ``(1) in the case of a new agency function, assigning the 
        performance of the function to Federal employees;
            ``(2) in the case of any agency function described in 
        paragraph (2), converting the function to performance by 
        Federal employees; or
            ``(3) in the case of an agency function performed by 
        Federal employees, expanding the scope of the function.
    ``(d) Deadline.--(1) The head of each executive agency shall 
implement the guidelines and procedures required under this subsection 
by not later than 120 days after the date of the enactment of this 
subsection.
            ``(2) Not later than 210 days after the date of the 
        enactment of this subsection, the Government Accountability 
        Office shall submit a report on the implementation of this 
        subsection to the Committees on Appropriations of the House of 
        Representatives and the Senate, the Committee on Oversight and 
        Government Reform of the House of Representatives, and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.
    ``(e) Definitions.--In this subsection:
            ``(1) The term `inherently governmental functions' has the 
        meaning given such term in subpart 7.5 of part 7 of the Federal 
        Acquisition Regulation.
            ``(2) The term `functions closely associated with 
        inherently governmental functions' means the functions 
        described in section 7.503(d) of the Federal Acquisition 
        Regulation.
    ``(f) Applicability.--This subsection shall not apply to the 
Department of Defense.''.
            (2) Clerical amendment.--The table of sections in section 1 
        of such Act, as amended by subsection (a), is further amended 
        by adding at the end the following new item:

``Sec. 46. Guidelines on insourcing new and contracted out 
                            functions.''.
            (3) Repeal of superseded law.--Subsection (b) of section 
        739 of division D of the Consolidated Appropriations Act, 2008 
        (Public Law 110-161; 121 Stat. 2030) is repealed.
    (d) Conversion of Functions to Performance by Federal Employees.--
            (1) Decision to insource.--The Office of Management and 
        Budget shall not establish any numerical goal, target, or quota 
        for the conversion to performance by Federal employees of 
        functions previously performed by contractors unless such goal, 
        target, or quota is based on considered research and analysis.
            (2) Reports.--
                    (A) Report to congress.--The Office of Management 
                and Budget shall submit to Congress a report on the 
                aggregate results of the efforts of each Federal agency 
                to convert functions from contractor performance to 
                performance by Federal agency employees made during 
                fiscal year 2010. Such report shall include--
                            (i) agency decisions for converting such 
                        functions to Federal employee performance;
                            (ii) the basis and rationale for the agency 
                        decisions; and
                            (iii) the number of contractor employees 
                        whose functions were converted to performance 
                        by Federal employees.
                    (B) Comptroller general report.-- Not later than 
                120 days after the submittal of the report under 
                paragraph (1), the Comptroller General of the United 
                States shall submit to the Committee on Oversight and 
                Government Reform of the House of Representatives, and 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate an assessment of the report.
            (3) Department of defense.--Nothing in this subsection 
        shall apply to the Department of Defense.

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.

    (a) Requirement.--Subparagraph (A) of section 2305(a)(2) of title 
10, United States Code, is amended--
            (1) by striking ``and'' at the end of clause (i); and
            (2) by inserting after clause (ii) the following new 
        clause:
                    ``(iii) in the case of a solicitation in which 
                factors other than cost or price when combined are more 
                important than cost or price, the reasons why assigning 
                at least equal importance to cost or price would not 
                better serve the Government's interest; and''.
    (b) Report.--Section 2305(a)(3) of such title is amended by adding 
at the end the following new subparagraph:
    ``(C) Not later than 180 days after the end of each fiscal year, 
the Secretary of Defense shall submit to Congress, and post on a 
publicly available website of the Department of Defense, a report 
describing the solicitations for which a statement pursuant to 
paragraph (2)(A)(iii) was included.''.

SEC. 852. PENALTIES ON CONTRACTORS NOT PROVIDING INFORMATION TO 
              DATABASES ON CONTRACTS IN IRAQ AND AFGHANISTAN.

    Section 861 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended by 
adding at the end the following new subsection:
    ``(e) Penalties.--Any contract in Iraq or Afghanistan entered into 
or modified after September 1, 2011, shall include a clause requiring 
the imposition of a penalty, by the department or agency awarding the 
contract, on any contractor that does not comply with requirements 
under this section, including requirements in the memorandum of 
understanding required by subsection (a), to provide information for 
the common databases identified under subsection (b)(4), including 
updating the information required. The penalty shall consist of the 
withholding of award and incentive fees.''.

      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.

    (a) Redesignation of the Department of the Navy as the Department 
of the Navy and Marine Corps.--
            (1) Redesignation of military department.--The military 
        department designated as the Department of the Navy is 
        redesignated as the Department of the Navy and Marine Corps.
            (2) Redesignation of secretary and other statutory 
        offices.--
                    (A) Secretary.--The position of the Secretary of 
                the Navy is redesignated as the Secretary of the Navy 
                and Marine Corps.
                    (B) Other statutory offices.--The positions of the 
                Under Secretary of the Navy, the four Assistant 
                Secretaries of the Navy, and the General Counsel of the 
                Department of the Navy are redesignated as the Under 
                Secretary of the Navy and Marine Corps, the Assistant 
                Secretaries of the Navy and Marine Corps, and the 
                General Counsel of the Department of the Navy and 
                Marine Corps, respectively.
    (b) Conforming Amendments to Title 10, United States Code.--
            (1) Definition of ``military department''.--Paragraph (8) 
        of section 101(a) of title 10, United States Code, is amended 
        to read as follows:
            ``(8) The term `military department' means the Department 
        of the Army, the Department of the Navy and Marine Corps, and 
        the Department of the Air Force.''.
            (2) Organization of department.--The text of section 5011 
        of such title is amended to read as follows: ``The Department 
        of the Navy and Marine Corps is separately organized under the 
        Secretary of the Navy and Marine Corps.''.
            (3) Position of secretary.--Section 5013(a)(1) of such 
        title is amended by striking ``There is a Secretary of the 
        Navy'' and inserting ``There is a Secretary of the Navy and 
        Marine Corps''.
            (4) Chapter headings.--
                    (A) The heading of chapter 503 of such title is 
                amended to read as follows:

       ``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

                    (B) The heading of chapter 507 of such title is 
                amended to read as follows:

  ``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE 
                                CORPS''.

            (5) Other amendments.--
                    (A) Title 10, United States Code, is amended by 
                striking ``Department of the Navy'' and ``Secretary of 
                the Navy'' each place they appear other than as 
                specified in paragraphs (1), (2), (3), and (4) 
                (including in section headings, subsection captions, 
                tables of chapters, and tables of sections) and 
                inserting ``Department of the Navy and Marine Corps'' 
                and ``Secretary of the Navy and Marine Corps'', 
                respectively, in each case with the matter inserted to 
                be in the same typeface and typestyle as the matter 
                stricken.
                    (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 
                5017(2), 5032(a), and 5042(a) of such title are amended 
                by striking ``Assistant Secretaries of the Navy'' and 
                inserting ``Assistant Secretaries of the Navy and 
                Marine Corps''.
                    (ii) The heading of section 5016 of such title, and 
                the item relating to such section in the table of 
                sections at the beginning of chapter 503 of such title, 
                are each amended by inserting ``and Marine Corps'' 
                after ``of the Navy'', with the matter inserted in each 
                case to be in the same typeface and typestyle as the 
                matter amended.
    (c) Other Provisions of Law and Other References.--
            (1) Title 37, united states code.--Title 37, United States 
        Code, is amended by striking ``Department of the Navy'' and 
        ``Secretary of the Navy'' each place they appear and inserting 
        ``Department of the Navy and Marine Corps'' and ``Secretary of 
        the Navy and Marine Corps'', respectively.
            (2) Other references.--Any reference in any law other than 
        in title 10 or title 37, United States Code, or in any 
        regulation, document, record, or other paper of the United 
        States, to the Department of the Navy shall be considered to be 
        a reference to the Department of the Navy and Marine Corps. Any 
        such reference to an office specified in subsection (b)(2) 
        shall be considered to be a reference to that officer as 
        redesignated by that section.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on the first day of the first month beginning 
more than 60 days after the date of the enactment of this Act.

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.

    (a) Redesignation of Certain Positions in the Office of the 
Secretary of Defense.--Positions in the Office of the Secretary of 
Defense of the Department of Defense are hereby redesignated as 
Assistant Secretaries of Defense as follows:
            (1) The Director of Defense Research and Engineering is 
        redesignated as the Assistant Secretary of Defense for Research 
        and Engineering.
            (2) The Director of Operational Energy Plans and Programs 
        is redesignated as the Assistant Secretary of Defense for 
        Operational Energy Plans and Programs.
            (3) The Director of Cost Assessment and Program Evaluation 
        is redesignated as the Assistant Secretary of Defense for Cost 
        Assessment and Program Evaluation.
            (4) The Assistant to the Secretary of Defense for Nuclear 
        and Chemical and Biological Defense Programs is redesignated as 
        the Assistant Secretary of Defense for Nuclear, Chemical, and 
        Biological Defense Programs.
    (b) Amendments to Chapter 4 of Title 10 Relating to Realignment.--
Chapter 4 of title 10, United States Code, is amended as follows:
            (1) Repeal of separate deputy under secretary provisions.--
        The following sections are repealed: 133a, 134a, and 136a.
            (2) Components of osd.--Section 131(b) is amended to read 
        as follows:
    ``(b) The Office of the Secretary of Defense is composed of the 
following:
            ``(1) The Deputy Secretary of Defense.
            ``(2) The Under Secretaries of Defense, as follows:
                    ``(A) The Under Secretary of Defense for 
                Acquisition, Technology, and Logistics.
                    ``(B) The Under Secretary of Defense for Policy.
                    ``(C) The Under Secretary of Defense (Comptroller).
                    ``(D) The Under Secretary of Defense for Personnel 
                and Readiness.
                    ``(E) The Under Secretary of Defense for 
                Intelligence.
            ``(3) The Deputy Chief Management Officer of the Department 
        of Defense.
            ``(4) The Principal Deputy Under Secretaries of Defense.
            ``(5) The Assistant Secretaries of Defense.
            ``(6) Other officers who are appointed by the President, by 
        and with the advice and consent of the Senate, as follows:
                    ``(A) The Director of Operational Test and 
                Evaluation.
                    ``(B) The General Counsel of the Department of 
                Defense.
                    ``(C) The Inspector General of the Department of 
                Defense.
            ``(7) Other officials provided for by law, as follows:
                    ``(A) The official designated under section 1501(a) 
                of this title to have responsibility for Department of 
                Defense matters relating to missing persons as set 
                forth in section 1501 of this title.
                    ``(B) The official designated under section 
                2228(a)(2) of this title to have responsibility for 
                Department of Defense policy related to the prevention 
                and mitigation of corrosion of the military equipment 
                and infrastructure of the Department of Defense and for 
                directing the activities of the Office of Corrosion 
                Policy and Oversight.
                    ``(C) The officials designated under subsections 
                (a) and (b) of section 2438(a) of this title to have 
                responsibility, respectively, for developmental test 
                and evaluation and for systems engineering.
                    ``(D) The official designated under section 
                2438a(a) of this title to have responsibility for 
                conducting and overseeing performance assessments and 
                root cause analyses for major defense acquisition 
                programs.
                    ``(E) The Director of Small Business Programs, 
                provided for under section 2508 of this title.
            ``(8) Such other offices and officials as may be 
        established by law or the Secretary of Defense may establish or 
        designate in the Office.''.
            (3) Principal deputy under secretaries of defense.--Section 
        137a is amended--
                    (A) in subsections (a)(1), (b), and (d), by 
                striking ``Deputy Under'' each place it appears and 
                inserting ``Principal Deputy Under'';
                    (B) in subsection (a)(2), by striking ``(A) The'' 
                and all that follows through ``(5) of subsection (c)'' 
                and inserting ``The Principal Deputy Under Secretaries 
                of Defense'';
                    (C) in subsection (c)--
                            (i) by striking ``One of the Deputy'' in 
                        paragraphs (1), (2), (3), (4), and (5) and 
                        inserting ``One of the Principal Deputy'';
                            (ii) by striking ``appointed'' and all that 
                        follows through ``this title'' in paragraphs 
                        (1), (2), and (3);
                            (iii) by striking ``shall be'' in 
                        paragraphs (4) and (5) and inserting ``is''; 
                        and
                            (iv) by adding at the end of paragraph (5) 
                        the following new sentence: ``Any individual 
                        nominated for appointment as the Principal 
                        Deputy Under Secretary of Defense for 
                        Intelligence shall have extensive intelligence 
                        expertise.''; and
                    (D) by adding at the end of subsection (d) the 
                following new sentence: ``The Principal Deputy Under 
                Secretaries take precedence among themselves in the 
                order prescribed by the Secretary of Defense.''.
            (4) Assistant secretaries of defense.--Section 138 is 
        amended--
                    (A) in subsection (a)--
                            (i) by striking ``12'' and inserting 
                        ``17''; and
                            (ii) by striking ``(A) The'' and all that 
                        follows through ``The other'' and inserting 
                        ``The'';
                    (B) in subsection (b)--
                            (i) by striking ``shall be'' in paragraphs 
                        (2), (3), (4), (5), and (6) and inserting 
                        ``is'';
                            (ii) by striking ``appointed pursuant to 
                        section 138a of this title'' in paragraph (7); 
                        and
                            (iii) by adding at the end the following 
                        new paragraphs:
    ``(8) One of the Assistant Secretaries is the Assistant Secretary 
of Defense for Research and Engineering. In addition to any duties and 
powers prescribed under paragraph (1), the Assistant Secretary of 
Defense for Research and Engineering shall have the duties specified in 
section 138b of this title.
    ``(9) One of the Assistant Secretaries is the Assistant Secretary 
of Defense for Operational Energy Plans and Programs. In addition to 
any duties and powers prescribed under paragraph (1), the Assistant 
Secretary of Defense for Operational Energy Plans and Programs shall 
have the duties specified in section 138c of this title.
    ``(10) One of the Assistant Secretaries is the Assistant Secretary 
of Defense for Cost Assessment and Program Evaluation. In addition to 
any duties and powers prescribed under paragraph (1), the Assistant 
Secretary of Defense for Cost Assessment and Program Evaluation shall 
have the duties specified in section 138d of this title.
    ``(11) One of the Assistant Secretaries is the Assistant Secretary 
of Defense for Nuclear, Chemical, and Biological Defense Programs. In 
addition to any duties and powers prescribed under paragraph (1), the 
Assistant Secretary of Defense for Nuclear, Chemical, and Biological 
Defense Programs shall have the duties specified in section 138e of 
this title.''; and
                    (C) in subsection (d), by striking ``and the 
                Director of Defense Research and Engineering'' and 
                inserting ``the Deputy Chief Management Officer of the 
                Department of Defense, and the Principal Deputy Under 
                Secretaries of Defense''.
            (5) Assistant secretary for logistics and materiel 
        readiness.--Section 138a(a) is amended--
                    (A) by striking ``There is a'' and inserting 
                ``The''; and
                    (B) by striking ``, appointed from civilian life by 
                the President, by and with the advice and consent of 
                the Senate. The Assistant Secretary''.
            (6) Assistant secretary for research and engineering.--
        Section 139a is transferred so as to appear after section 138a, 
        redesignated as section 138b, and amended--
                    (A) by striking subsection (a);
                    (B) by redesignating subsections (b) and (c) as 
                subsections (a) and (b), respectively;
                    (C) in subsection (a), as so redesignated, by 
                striking ``Director of Defense'' and inserting 
                ``Assistant Secretary of Defense for''; and
                    (D) in subsection (b), as so redesignated--
                            (i) in paragraph (1), by striking 
                        ``Director of Defense Research and Engineering, 
                        in consultation with the Director of 
                        Developmental Test and Evaluation'' and 
                        inserting ``Assistant Secretary of Defense for 
                        Research and Engineering, in consultation with 
                        the official designated under section 2438(a) 
                        of this title to have responsibility for 
                        developmental test and evaluation functions''; 
                        and
                            (ii) in paragraph (2), by striking 
                        ``Director'' and inserting ``Assistant 
                        Secretary''.
            (7) Assistant secretary for operational energy plans and 
        programs.--Section 139b is transferred so as to appear after 
        section 138b (as transferred and redesignated by paragraph 
        (6)), redesignated as section 138c, and amended--
                    (A) in subsection (a), by striking ``There is a'' 
                and all that follows through ``The Director'' and 
                inserting ``The Assistant Secretary of Defense for 
                Operational Energy Plans and Programs'';
                    (B) by striking ``Director'' each place it appears 
                and inserting ``Assistant Secretary'';
                    (C) in subsection (d)(2)--
                            (i) by striking ``Not later than'' and all 
                        that follows through ``military departments'' 
                        and inserting ``The Secretary of each military 
                        department'';
                            (ii) by striking ``who will'' and inserting 
                        ``who shall''; and
                            (iii) by inserting ``so designated'' after 
                        ``The officials''; and
                    (D) in subsection (d)(4), by striking ``The 
                initial'' and all that follows through ``updates to the 
                strategy'' and inserting ``Updates to the strategy 
                required by paragraph (1)''.
            (8) Assistant secretary for cost assessment and program 
        evaluation.--Section 139c is transferred so as to appear after 
        section 138c (as transferred and redesignated by paragraph 
        (7)), redesignated as section 138d, and amended--
                    (A) by striking subsection (a);
                    (B) by redesignating subsection (b) as subsection 
                (a) and in that subsection--
                            (i) striking ``Director of'' in paragraph 
                        (1) and inserting ``Assistant Secretary of 
                        Defense for''; and
                            (ii) striking ``Director'' each place it 
                        appears in paragraphs (1)(A), (1)(B), and (2) 
                        and inserting ``Assistant Secretary'';
                    (C) by striking subsection (c) and inserting the 
                following:
    ``(b) Responsibility for Specified Functions.--There shall be 
within the office of the Assistant Secretary the following:
            ``(1) An official with primary responsibility for cost 
        assessment.
            ``(2) An official with primary responsibility for program 
        evaluation.''; and
                    (D) by redesignating subsection (d) as subsection 
                (c) and in that subsection striking ``Director of'' in 
                the matter preceding paragraph (1) and inserting 
                ``Assistant Secretary of Defense for''.
            (9) Assistant secretary for nuclear, chemical, and 
        biological defense programs.--Section 142 is transferred so as 
        to appear after section 138d (as redesignated and transferred 
        by paragraph (8)), redesignated as section 138e, and amended--
                    (A) by striking subsection (a);
                    (B) by striking ``(b) The Assistant to the 
                Secretary'' and inserting ``The Assistant Secretary of 
                Defense for Nuclear, Chemical, and Biological Defense 
                Programs''; and
                    (C) by striking subsection (c).
    (c) Other Amendments to Chapter 4 of Title 10.--Chapter 4 of title 
10, United States Code, is further amended as follows:
            (1) Office of the secretary of defense.--Section 131(a) is 
        amended by striking ``his'' and inserting ``the Secretary's''.
            (2) Deputy secretary.--Section 132 is amended by striking 
        the second sentence of subsection (c).
            (3) Deputy chief management officer.--Such chapter is 
        further amended by inserting after section 132 the following 
        new section:
``Sec. 132a. Deputy Chief Management Officer
    ``(a) There is a Deputy Chief Management Officer of the Department 
of Defense, appointed from civilian life by the President, by and with 
the advice and consent of the Senate.
    ``(b) The Deputy Chief Management Officer assists the Deputy 
Secretary of Defense in the Deputy Secretary's capacity as Chief 
Management Officer of the Department of Defense under section 132(c) of 
this title.
    ``(c) The Deputy Chief Management Officer takes precedence in the 
Department of Defense after the Secretary of Defense, the Deputy 
Secretary of Defense, the Secretaries of the military departments, and 
the Under Secretaries of Defense.''.
            (4) Under secretary of defense (comptroller).--Section 
        135(c) is amended by striking ``clauses'' and inserting 
        ``paragraphs''.
    (d) Repeal of Position Titles Specified by Law for Statutory 
Positions Relating to Developmental Test and Evaluation and Systems 
Engineering.--
            (1) Transfer of section from chapter 4 to programmatic 
        chapter.--Section 139d of title 10, United States Code, is 
        transferred to chapter 144, inserted after section 2437, and 
        redesignated as section 2438.
            (2) Director of developmental test and evaluation.--
        Subsection (a) of such section is amended--
                    (A) by striking ``(a) Director of'' and all that 
                follows through paragraph (3) and inserting the 
                following:
    ``(a) Developmental Test and Evaluation.--
            ``(1) Designation of responsible official.--The Secretary 
        of Defense shall designate, from among individuals with 
        expertise in test and evaluation, an official to be responsible 
        to the Secretary and the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics for developmental test 
        and evaluation in the Department of Defense.
            ``(2) Supervision.--The official designated under paragraph 
        (1) shall report directly to an official of the Department 
        appointed from civilian life by the President, by and with the 
        advice and consent of the Senate.'';
                    (B) by redesignating paragraphs (4), (5), (6), and 
                (7) as paragraphs (3), (4), (5), and (6), respectively;
                    (C) in paragraph (3), as so redesignated, by 
                striking Director of systems engineering'' and all that 
                follows through ``Director of Systems Engineering'' and 
                inserting ``Systems engineering.--The official 
                designated under paragraph (1) shall closely coordinate 
                with the official designated under subsection (b)'';
                    (D) in paragraph (4), as so redesignated, by 
                striking ``Director'' in the matter preceding 
                subparagraph (A) and inserting ``official designated 
                under paragraph (1)'';
                    (E) in paragraph (5), as so redesignated--
                            (i) by striking ``Director has'' and 
                        inserting ``official designated under paragraph 
                        (1) has'';
                            (ii) by striking ``Director considers'' and 
                        inserting ``designated official considers''; 
                        and
                            (iii) by striking ``the Director's duties'' 
                        and inserting ``that official's duties''; and
                    (F) in paragraph (6), as so redesignated, by 
                striking ``serving as the Director of Developmental 
                Test and Evaluation'' and inserting ``official 
                designated under paragraph (1)''.
            (3) Director of systems engineering.--Subsection (b) of 
        such section is amended--
                    (A) by striking ``(b) Director of'' and all that 
                follows through paragraph (3) and inserting the 
                following:
    ``(b) Systems Engineering.--
            ``(1) Designation of responsible official.--The Secretary 
        of Defense shall designate, from among individuals with 
        expertise in systems engineering, an official to be responsible 
        to the Secretary and the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics for systems engineering 
        and development planning in the Department of Defense.
            ``(2) Supervision.--The official designated under paragraph 
        (1) shall report directly to an official of the Department 
        appointed from civilian life by the President, by and with the 
        advice and consent of the Senate.'';
                    (B) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (3), (4), and (5), respectively;
                    (C) in paragraph (3), as so redesignated, by 
                striking ``Director of developmental test and 
                evaluation'' and all that follows through ``Director of 
                Developmental Test And Evaluation'' and inserting 
                ``Developmental test and evaluation.--The official 
                designated under paragraph (1) shall closely coordinate 
                with the official designated under subsection (a)'';
                    (D) in paragraph (4), as so redesignated, by 
                striking ``Director'' in the matter preceding 
                subparagraph (A) and inserting ``official designated 
                under paragraph (1)''; and
                    (E) in paragraph (5), as so redesignated--
                            (i) by striking ``Director shall'' and 
                        inserting ``official designated under paragraph 
                        (1) shall'';
                            (ii) by striking ``Director considers'' and 
                        inserting ``designated official considers''; 
                        and
                            (iii) by striking ``the Director's duties'' 
                        and inserting ``that official's duties''.
            (4) Joint annual report.--Subsection (c) of such section is 
        amended in the matter preceding paragraph (1)--
                    (A) by striking ``beginning in 2010,'';
                    (B) by striking ``Director of Developmental Test 
                and Evaluation and the Director of Systems 
                Engineering'' and inserting ``officials designated 
                under subsections (a) and (b)'';
                    (C) by striking ``subsections (a) and (b)'' and 
                inserting ``those subsections''; and
                    (D) by inserting ``such'' after ``Each''.
            (5) Joint guidance.--Subsection (d) of such section is 
        amended in the matter preceding paragraph (1)--
                    (A) by striking ``Director of Developmental Test 
                and Evaluation and the Director of Systems 
                Engineering'' and inserting ``officials designated 
                under subsections (a) and (b)''; and
                    (B) by striking ``section 103 of the Weapon Systems 
                Acquisition Reform Act of 2009'' and inserting 
                ``section 2438a of this title''.
            (6) Repeal of redundant definition.--Subsection (e) of such 
        section is repealed.
    (e) Codification of Section 103 of Weapon Systems Acquisition 
Reform Act of 2009.--
            (1) Codification.--Chapter 144 of title 10, United States 
        Code, is amended by inserting after section 2438 (as 
        transferred and redesignated by subsection (d)), a new section 
        2438a consisting of--
                    (A) a section heading as follows:
``Sec. 2438a. Performance assessments and root cause analyses'';
                and
                    (B) a text consisting of the text of section 103 of 
                the Weapon Systems Acquisition Reform Act of 2009 
                (Public Law 111-23; 123 Stat. 1715; 10 U.S.C. 2430 
                note), modified as specified in paragraph (2).
            (2) Technical amendments due to codification.--The 
        modifications referred to in paragraph (1)(B) to the text 
        specified in that paragraph are--
                    (A) in subsection (b)(2), by striking ``section 
                2433a(a)(1) of title 10, United States Code (as added 
                by section 206(a) of this Act)'' and inserting 
                ``section 2433a(a)(1) of this title'';
                    (B) in subsection (b)(5)--
                            (i) by striking ``section 2433a of title 
                        10, United States Code (as so added)'' and 
                        inserting ``section 2433a of this title''; and
                            (ii) by striking ``prior to'' both places 
                        it appears and inserting ``before'';
                    (C) in subsection (d), by striking ``section 2433a 
                of title 10, United States Code (as so added)'' and 
                inserting ``section 2433a of this title''; and
                    (D) in subsection (f), by striking ``beginning in 
                2010,''.
    (f) Transfer of Section Providing for Director of Small Business 
Programs.--Section 144 of title 10, United States Code, is transferred 
to chapter 148, inserted after section 2507, and redesignated as 
section 2508.
    (g) Repeal of Statutory Requirement for Office for Missing 
Personnel in OSD.--Section 1501(a) of title 10, United States Code, is 
amended--
            (1) by striking the subsection heading and inserting the 
        following: ``Responsibility for Missing Personnel.--'';
            (2) in paragraph (1)--
                    (A) by striking ``establish within the Office of 
                the Secretary of Defense an office to have 
                responsibility for Department of Defense policy'' in 
                the first sentence and inserting ``designate within the 
                Office of the Secretary of Defense an official as the 
                Deputy Assistant Secretary of Defense for Prisoner of 
                War/Missing Personnel Affairs to have responsibility 
                for Department of Defense matters'';
                    (B) by striking the second sentence;
                    (C) by striking ``of the office'' and inserting 
                ``of the official designated under this paragraph'';
                    (D) by striking ``and'' at the end of subparagraph 
                (A);
                    (E) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (F) by inserting after subparagraph (A) the 
                following new subparagraph (B):
            ``(B) policy, control, and oversight of the program 
        established under section 1509 of this title, as well as the 
        accounting for missing persons (including locating, recovering, 
        and identifying missing persons or their remains after 
        hostilities have ceased); and'';
            (3) by redesignating paragraphs (2), (3), (4), and (5) as 
        paragraphs (3), (4), (5), and (6), respectively;
            (4) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) The official designated under paragraph (1) shall 
        also serve as the Director, Defense Prisoner of War/Missing 
        Personnel Office, as established under paragraph (6)(A), 
        exercising authority, direction, and control over that 
        activity.''.
            (5) in paragraph (3), as so redesignated--
                    (A) by striking ``of the office'' the first place 
                it appears; and
                    (B) by striking ``head of the office'' and 
                inserting ``official designated under paragraph (1) and 
                (2)'';
            (6) in paragraph (4), as so redesignated--
                    (A) by striking ``office'' and inserting 
                ``designated official''; and
                    (B) by inserting after ``evasion)'' the following: 
                ``and for personnel accounting (including locating, 
                recovering, and identifying missing persons or their 
                remains after hostilities have ceased)'';
            (7) in paragraph (5), as so redesignated, by striking 
        ``office'' and inserting ``designated official''; and
            (8) in paragraph (6), as so redesignated--
                    (A) in subparagraph (A)--
                            (i) by inserting after ``(A)'' the 
                        following: ``The Secretary of Defense shall 
                        establish an activity to account for personnel 
                        who are missing or whose remains have not been 
                        recovered from the conflict in which they were 
                        lost. This activity shall be known as the 
                        Defense Prisoner of War/Missing Personnel 
                        Office.''; and
                            (ii) by striking ``office'' both places it 
                        appears and inserting ``activity'';
                    (B) in subparagraph (B)(i), by striking ``to the 
                office'' and inserting ``activity'';
                    (C) in subparagraph (B)(ii)--
                            (i) by striking ``to the office'' and 
                        inserting ``activity''; and
                            (ii) by striking ``of the office'' and 
                        inserting ``of the activity''; and
                    (D) in subparagraph (C), by striking ``office'' and 
                inserting ``activity''.
    (h) Repeal of Statutory Requirement for Director of Office for 
Corrosion Policy and Oversight in OSD.--Section 2228 of title 10, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking the subsection heading and 
                inserting the following: ``Office of Corrosion Policy 
                and Oversight and Designation of Responsible 
                Official'';
                    (B) by amending paragraph (2) to read as follows:
    ``(2) The Secretary of Defense shall designate, from among civilian 
employees of the Department of Defense with the qualifications 
described in paragraph (4), an official to be responsible to the 
Secretary of Defense and the Under Secretary of Defense for 
Acquisition, Technology, and Logistics for the prevention and 
mitigation of corrosion of the military equipment and infrastructure of 
the Department of Defense and for directing the activities of the 
Office of Corrosion Policy and Oversight.'';
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively;
                    (D) by inserting after paragraph (2) the following 
                new paragraph (3):
            ``(3) The official designated under paragraph (2) shall 
        report directly to the Principal Deputy Under Secretary of 
        Defense for Acquisition, Technology, and Logistics.''.
                    (E) in paragraph (4), as so redesignated, by 
                striking ``assigned to the position of Director'' and 
                inserting ``designated under paragraph (2)''; and
                    (F) in paragraph (5), as so redesignated, by 
                striking ``of Director'' and inserting ``held by the 
                official designated under paragraph (2)'';
            (2) in subsection (b)--
                    (A) by striking ``Director of Corrosion Policy and 
                Oversight (in this section referred to as the 
                `Director')'' in paragraph (1) and inserting ``official 
                designated under subsection (a)(2)''; and
                    (B) by striking ``Director'' in paragraphs (2), 
                (3), (4), and (5) and inserting ``designated 
                official'';
            (3) in subsection (c), by striking ``Additional 
        Authorities'' and all that follows through ``authorized to--'' 
        and inserting ``Additional Duties.--The official designated 
        under subsection (a) shall--''; and
            (4) in subsection (e), by striking ``beginning with the 
        budget for fiscal year 2009,''.
    (i) Repeal of Statutory Limitation on Number of Deputy Under 
Secretaries of Defense.--Section 906(a)(2) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2426; 10 U.S.C. 137a note) is repealed.
    (j) Conforming Amendments to Title 10.--Title 10, United States 
Code, is amended as follows:
            (1) The following sections are amended by striking 
        ``Director of Cost Assessment and Program Evaluation'' and 
        inserting ``Assistant Secretary of Defense for Cost Assessment 
        and Program Evaluation'': sections 181(d), 2306b(i)(1)(B), 
        2366a(a)(4), 2366a(a)(5), 2366b(a)(1)(C), 2433a(a)(2), 
        2433a(b)(2)(C), 2434(b)(1)(A), and 2445c(f)(3).
            (2) Section 179(c) is amended--
                    (A) by striking ``Assistant to the Secretary of 
                Defense for Nuclear and Chemical and Biological Defense 
                Programs'' in paragraphs (2) and (3) and inserting 
                ``Assistant Secretary of Defense for Nuclear, Chemical, 
                and Biological Defense Programs''; and
                    (B) by striking ``to the'' in paragraph (3).
            (3) Section 2272 is amended by striking ``Director of 
        Defense Research and Engineering'' each place it appears and 
        inserting ``Assistant Secretary of Defense for Research and 
        Engineering''.
            (4) Section 2334 is amended--
                    (A) by striking ``Director of Cost Assessment and 
                Program Evaluation'' each place it appears and 
                inserting ``Assistant Secretary of Defense for Cost 
                Assessment and Program Evaluation''; and
                    (B) by striking ``Director'' each place it appears 
                (other than as specified in subparagraph (A)) and 
                inserting ``Assistant Secretary''.
            (5) Section 2365 is amended--
                    (A) in subsection (a), by striking ``Director of 
                Defense Research and Engineering'' and inserting 
                ``Assistant Secretary of Defense for Research and 
                Engineering'';
                    (B) in subsection (d)(1), by striking ``Director'' 
                and inserting ``Assistant Secretary'';
                    (C) in subsection (d)(2)--
                            (i) by striking ``Director of Defense 
                        Research and Engineering'' and inserting 
                        ``Assistant Secretary of Defense for Research 
                        and Engineering''; and
                            (ii) by striking ``Director may'' and 
                        inserting ``Assistant Secretary may''; and
                    (D) in subsection (e), by striking ``Director'' and 
                inserting ``Assistant Secretary''.
            (6) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and 
        2517(a) are amended by striking ``Director of Defense Research 
        and Engineering'' and inserting ``Assistant Secretary of 
        Defense for Research and Engineering''.
            (7) Section 2902(b) is amended--
                    (A) in paragraph (1), by striking ``Deputy Under 
                Secretary of Defense for Science and Technology'' and 
                inserting ``official within the Office of the Assistant 
                Secretary of Defense for Research and Engineering who 
                is responsible for science and technology''; and
                    (B) in paragraph (3), by striking ``Deputy Under 
                Secretary of Defense'' and inserting ``official within 
                the Office of the Under Secretary of Defense for 
                Acquisition, Technology, and Logistics who is''.
    (k) Other Conforming Amendments.--
            (1) Section 214 of the National Defense Authorization Act 
        of Fiscal Year 2008 (10 U.S.C. 2521 note) is amended by 
        striking ``Director of Defense Research and Engineering'' and 
        inserting ``Assistant Secretary of Defense for Research and 
        Engineering''.
            (2) Section 201(d) of the Weapon Systems Acquisition Reform 
        Act of 2009 (10 U.S.C. 181 note) is amended--
                    (A) by striking ``The Director of Cost Assessment 
                and Program Evaluation'' and inserting ``The Assistant 
                Secretary of Defense for Cost Assessment and Program 
                Evaluation''; and
                    (B) by striking ``the Director'' and inserting 
                ``the Assistant Secretary''.
    (l) Section Heading and Clerical Amendments.--
            (1) Section heading amendments.--Title 10, United States 
        Code, is amended as follows:
                    (A) The heading of section 137a is amended to read 
                as follows:
``Sec. 137a. Principal Deputy Under Secretaries of Defense''.
                    (B) The heading of section 138b, as transferred and 
                redesignated by subsection (b)(6), is amended to read 
                as follows:
``Sec. 138b. Assistant Secretary of Defense for Research and 
              Engineering''.
                    (C) The heading of section 138c, as transferred and 
                redesignated by subsection (b)(7), is amended to read 
                as follows:
``Sec. 138c. Assistant Secretary of Defense for Operational Energy 
              Plans and Programs''.
                    (D) The heading of section 138d, as transferred and 
                redesignated by subsection (b)(8), is amended to read 
                as follows:
``Sec. 138d. Assistant Secretary of Defense for Cost Assessment and 
              Program Evaluation''.
                    (E) The heading of section 138e, as transferred and 
                redesignated by subsection (b)(9), is amended to read 
                as follows:
``Sec. 138e. Assistant Secretary of Defense for Nuclear, Chemical, and 
              Biological Defense Programs''.
                    (F) The heading of section 2228 is amended to read 
                as follows:
``Sec. 2228. Military equipment and infrastructure: prevention and 
              mitigation of corrosion''.
                    (G) The heading of section 2438 is amended to read 
                as follows:
``Sec. 2438. Developmental test and evaluation; systems engineering: 
              designation of responsible officials; joint guidance''.
            (2) Clerical amendments.--Title 10, United States Code, is 
        further amended as follows:
                    (A) The table of sections at the beginning of 
                chapter 4 is amended--
                            (i) by inserting after the item relating to 
                        section 132 the following new item:

``132a. Deputy Chief Management Officer.'';
                            (ii) by striking the items relating to 
                        sections 133a, 134a, and 136a;
                            (iii) by amending the item relating to 
                        section 137a to read as follows:

``137a. Principal Deputy Under Secretaries of Defense.'';
                            (iv) by inserting after the item relating 
                        to section 138a the following new items:

``138b. Assistant Secretary of Defense for Research and Engineering.
``138c. Assistant Secretary of Defense for Operational Energy Plans and 
                            Programs.
``138d. Assistant Secretary of Defense for Cost Assessment and Program 
                            Evaluation.
``138e. Assistant Secretary of Defense for Nuclear, Chemical, and 
                            Biological Defense Programs.'';
                        and
                            (v) by striking the items relating to 
                        sections 139a, 139b, 139c, 139d, 142, and 144.
                    (B) The item relating to section 2228 in the table 
                of sections at the beginning of chapter 131 is amended 
                to read as follows:

``2228. Military equipment and infrastructure: prevention and 
                            mitigation of corrosion.''.
                    (C) The table of sections at the beginning of 
                chapter 144 is amended by inserting after the item 
                relating to section 2437 the following new items:

``2438. Developmental test and evaluation; systems engineering: 
                            designation of responsible officials; joint 
                            guidance.
``2438a. Performance assessments and root cause analyses.''.
                    (D) The table of sections at the beginning of 
                subchapter II of chapter 148 is amended by inserting 
                after the item relating to section 2507 the following 
                new item:

``2508. Director of Small Business Programs.''.
    (m) Executive Schedule Amendments.--Chapter 53 of title 5, United 
States Code, is amended as follows:
            (1) Number of assistant secretary of defense positions.--
        Section 5315 is amended by striking ``Assistant Secretaries of 
        Defense (12)'' and inserting ``Assistant Secretaries of Defense 
        (17)''.
            (2) Positions redesignated as assistant secretary 
        positions.--
                    (A) Section 5315 is further amended--
                            (i) by striking ``Director of Cost 
                        Assessment and Program Evaluation, Department 
                        of Defense.''; and
                            (ii) by striking ``Director of Defense 
                        Research and Engineering.''.
                    (B) Section 5316 is amended by striking ``Assistant 
                to the Secretary of Defense for Nuclear and Chemical 
                and Biological Defense Programs.''.
            (3) Amendments to delete references to positions in senior 
        executive service.--Section 5316 is further amended--
                    (A) by striking ``Director, Defense Advanced 
                Research Projects Agency, Department of Defense.'';
                    (B) by striking ``Deputy General Counsel, 
                Department of Defense.'';
                    (C) by striking ``Deputy Under Secretaries of 
                Defense for Research and Engineering, Department of 
                Defense (4).''; and
                    (D) by striking ``Special Assistant to the 
                Secretary of Defense.''.
    (n) References in Other Laws, etc.--Any reference in any provision 
or law other than title 10, United States Code, or in any rule, 
regulation, or other paper of the United States, to any of the offices 
of the Department of Defense redesignated by subsection (a) shall be 
treated as referring to that office as so redesignated.
    (o) Effective Date.--The provisions of this section and the 
amendments made by this section shall take effect on January 1, 2011, 
or on such earlier date for any of such provisions as may be prescribed 
by the Secretary of Defense. If the Secretary prescribes an earlier 
date for any of those provisions or amendments, the Secretary shall 
notify Congress in writing in advance of such date.

SEC. 903. UNIFIED MEDICAL COMMAND.

    (a) Assistant Secretary of Defense.--Section 138(b) of title 10, 
United States Code, as amended by section 902, is further amended by 
adding at the end the following new paragraph:
            ``(12) One of the Assistant Secretaries is the Assistant 
        Secretary of Defense for Health Affairs. In addition to any 
        duties and powers prescribed under paragraph (1), the principal 
        duty of the Assistant Secretary of Defense for Health Affairs 
        is the overall supervision (including oversight of policy and 
        resources) of all health affairs and medical activities of the 
        Department of Defense. The Assistant Secretary of Defense for 
        Health Affairs is the principal civilian adviser to the 
        Secretary of Defense on health affairs and medical matters and, 
        after the Secretary and Deputy Secretary, is the principal 
        health affairs and medical official within the senior 
        management of the Department of Defense.''.
    (b) Unified Combatant Command.--
            (1) In general.--Chapter 6 of such title is amended by 
        inserting after section 167a the following new section:
``Sec. 167b. Unified combatant command for medical operations
    ``(a) Establishment.--With the advice and assistance of the 
Chairman of the Joint Chiefs of Staff, the President, through the 
Secretary of Defense, may establish under section 161 of this title a 
unified command for medical operations (hereinafter in this section 
referred to as the `unified medical command'). The principal function 
of the command is to provide medical services to the armed forces and 
other health care beneficiaries of the Department of Defense as defined 
in chapter 55 of this title.
    ``(b) Assignment of Forces.--In establishing the unified medical 
command under subsection (a), all active military medical treatment 
facilities, training organizations, and research entities of the armed 
forces shall be assigned to such unified command, unless otherwise 
directed by the Secretary of Defense.
    ``(c) Grade of Commander.--The commander of the unified medical 
command shall hold the grade of general or, in the case of an officer 
of the Navy, admiral while serving in that position, without vacating 
his permanent grade. The commander of such command shall be appointed 
to that grade by the President, by and with the advice and consent of 
the Senate, for service in that position. The commander of such command 
shall be a member of a health profession described in paragraph (1), 
(2), (3), (4), (5), or (6) of section 335(j) of title 37. During the 5-
year period beginning on the date on which the Secretary establishes 
the command under subsection (a), the commander of such command shall 
be exempt from the requirements of section 164(a)(1) of this title.
    ``(d) Subordinate Commands.--(1) The unified medical command shall 
have the following subordinate commands:
            ``(A) A command that includes all fixed military medical 
        treatment facilities, including elements of the Department of 
        Defense that are combined, operated jointly, or otherwise 
        operated in such a manner that a medical facility of the 
        Department of Defense is operating in or with a medical 
        facility of another department or agency of the United States.
            ``(B) A command that includes all medical training, 
        education, and research and development activities that have 
        previously been unified or combined, including organizations 
        that have been designated as a Department of Defense executive 
        agent.
            ``(C) The Defense Health Agency established under 
        subsection (f).
    ``(2) The commander of a subordinate command of the unified medical 
command shall hold the grade of lieutenant general or, in the case of 
an officer of the Navy, vice admiral while serving in that position, 
without vacating his permanent grade. The commander of such a 
subordinate command shall be appointed to that grade by the President, 
by and with the advice and consent of the Senate, for service in that 
position. The commander of such a subordinate command shall also be 
required to be a surgeon general of one of the military departments.
    ``(e) Authority of Combatant Commander.--(1) In addition to the 
authority prescribed in section 164(c) of this title, the commander of 
the unified medical command shall be responsible for, and shall have 
the authority to conduct, all affairs of such command relating to 
medical operations activities.
    ``(2) The commander of such command shall be responsible for, and 
shall have the authority to conduct, the following functions relating 
to medical operations activities (whether or not relating to the 
unified medical command):
            ``(A) Developing programs and doctrine.
            ``(B) Preparing and submitting to the Secretary of Defense 
        program recommendations and budget proposals for the forces 
        described in subsection (b) and for other forces assigned to 
        the unified medical command.
            ``(C) Exercising authority, direction, and control over the 
        expenditure of funds--
                    ``(i) for forces assigned to the unified medical 
                command;
                    ``(ii) for the forces described in subsection (b) 
                assigned to unified combatant commands other than the 
                unified medical command to the extent directed by the 
                Secretary of Defense; and
                    ``(iii) for military construction funds of the 
                Defense Health Program.
            ``(D) Training assigned forces.
            ``(E) Conducting specialized courses of instruction for 
        commissioned and noncommissioned officers.
            ``(F) Validating requirements.
            ``(G) Establishing priorities for requirements.
            ``(H) Ensuring the interoperability of equipment and 
        forces.
            ``(I) Monitoring the promotions, assignments, retention, 
        training, and professional military education of medical 
        officers described in paragraph (1), (2), (3), (4), (5), or (6) 
        of section 335(j) of title 37.
    ``(3) The commander of such command shall be responsible for the 
Defense Health Program, including the Defense Health Program Account 
established under section 1100 of this title.
    ``(f) Defense Health Agency.--(1) In establishing the unified 
medical command under subsection (a), the Secretary shall also 
establish under section 191 of this title a defense agency for health 
care (in this section referred to as the `Defense Health Agency'), and 
shall transfer to such agency the organization of the Department of 
Defense referred to as the TRICARE Management Activity and all 
functions of the TRICARE Program (as defined in section 1072(7)).
    ``(2) The director of the Defense Health Agency shall hold the rank 
of lieutenant general or, in the case of an officer of the Navy, vice 
admiral while serving in that position, without vacating his permanent 
grade. The director of such agency shall be appointed to that grade by 
the President, by and with the advice and consent of the Senate, for 
service in that position. The director of such agency shall be a member 
of a health profession described in paragraph (1), (2), (3), (4), (5), 
or (6) of section 335(j) of title 37.
    ``(g) Regulations.--In establishing the unified medical command 
under subsection (a), the Secretary of Defense shall prescribe 
regulations for the activities of the unified medical command.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 167a the following new item:

``167b. Unified combatant command for medical operations.''.
    (c) Plan, Notification, and Report.--
            (1) Plan.--Not later than March 31, 2011, the Secretary of 
        Defense shall submit to the congressional defense committees a 
        comprehensive plan to establish the unified medical command 
        authorized under section 167b of title 10, United States Code, 
        as added by subsection (b), including any legislative actions 
        the Secretary considers necessary to implement the plan.
            (2) Notification.--The Secretary shall submit to the 
        congressional defense committees written notification of the 
        decision of the Secretary to establish the unified medical 
        command under such section 167b by not later than the date that 
        is 30 days before establishing such command.
            (3) Report.--Not later than 180 days after submitting the 
        notification under paragraph (2), the Secretary shall submit to 
        the congressional defense committees a report on--
                    (A) the establishment of the unified medical 
                command; and
                    (B) the establishment of the Defense Health Agency 
                under subsection (f) of such section 167b.

                      Subtitle B--Space Activities

SEC. 911. INTEGRATED SPACE ARCHITECTURES.

    The Secretary of Defense and the Director of National Intelligence 
shall jointly establish the capability to conduct integrated national 
security space architecture planning, development, coordination, and 
analysis that--
            (1) encompasses defense and intelligence space plans, 
        programs, budgets, and organizations;
            (2) provides mid-term to long-term recommendations to guide 
        space-related defense and intelligence acquisitions, 
        requirements, and investment decisions;
            (3) is independent of the space architecture planning, 
        development, coordination, and analysis activities of each 
        military department and each element of the intelligence 
        community (as defined in section 3(4) of the National Security 
        Act of 1947 (50 U.S.C. 401a(4))); and
            (4) makes use of, to the maximum extent practicable, joint 
        duty assignment positions (as defined in section 668).

                Subtitle C--Intelligence-Related Matters

SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO 
              ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR 
              INTELLIGENCE COLLECTION ACTIVITIES.

    The second sentence of section 431(a) of title 10, United States 
Code, is amended by striking ``December 31, 2010'' and inserting 
``December 31, 2015''.

SEC. 922. SPACE AND COUNTERSPACE INTELLIGENCE ANALYSIS.

    (a) Designation of Lead Integrator.--
            (1) Designation.--
                    (A) In general.--The Director of the Defense 
                Intelligence Agency shall designate a lead integrator 
                for foreign space and counterspace defense intelligence 
                analysis.
                    (B) Initial designation.--Not later than 30 days 
                after the date of the enactment of this Act, the 
                Director of the Defense Intelligence Agency shall 
                designate an initial lead integrator under subparagraph 
                (A).
            (2) Notice.--Not later than 30 days after the date on which 
        the Director of the Defense Intelligence Agency designates a 
        lead integrator under paragraph (1)(A), or removes the 
        designation of lead integrator from an individual or 
        organization previously designated under paragraph (1)(A), the 
        Director shall notify the congressional defense committees, the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives, and the Select Committee on Intelligence of 
        the Senate of the designation of such lead integrator or the 
        removal of such designation.
    (b) Authority to Conduct Original Analysis.--The Director of the 
Defense Intelligence Agency shall authorize a lead integrator 
designated under subsection (a)(1)(A) to conduct original intelligence 
analysis and production within the areas of responsibility of such lead 
integrator.
    (c) Definitions.--In this section:
            (1) Lead integrator.--The term ``lead integrator'' means, 
        with respect to a particular subject matter, an individual or 
        organization with primary responsibility for the review, 
        coordination, and integration of defense intelligence analysis 
        and production related to such subject matter to--
                    (A) ensure the development of coherent assessments 
                and intelligence products; and
                    (B) manage and consolidate defense intelligence 
                tasking.
            (2) Original intelligence analysis.--The term ``original 
        intelligence analysis'' means the development of knowledge and 
        creation of intelligence materials based on raw data and 
        intelligence reporting.

SEC. 923. AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT ACCOUNTABILITY 
              OFFICE.

    (a) Audits.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.) is amended by adding at the end the following new 
section:

 ``audits of intelligence community by government accountability office

    ``Sec. 508.  (a) In General.--Except as provided in subsection (b), 
the Director of National Intelligence shall ensure that personnel of 
the Government Accountability Office designated by the Comptroller 
General are provided with access to all information in the possession 
of an element of the intelligence community that the Comptroller 
General determines is necessary for such personnel to conduct an 
analysis, evaluation, or investigation of a program or activity of an 
element of the intelligence community that is requested by one of the 
congressional intelligence committees.
    ``(b) Audits of Programs Involving Sources and Methods.--(1) If the 
Director of National Intelligence determines that a portion of an 
analysis, evaluation, or investigation to be conducted by the 
Comptroller General that is requested by a committee of Congress with 
jurisdiction over the subject of such analysis, evaluation, or 
investigation involves a matter that is subject to the reporting 
requirements of section 503 or intelligence sources or methods, such 
portion may be redacted from such analysis, evaluation, or 
investigation and provided exclusively to the congressional 
intelligence committees.
    ``(2) If the Director of National Intelligence redacts a portion of 
an analysis, evaluation, or investigation under paragraph (1), the 
Director shall inform the committee of Congress that requested such 
analysis, evaluation, or investigation of the redaction.
    ``(c) Notice of Analysis, Evaluation, or Investigation and 
Procedures.--Not later than 15 days before initiating an analysis, 
evaluation, or investigation of an element of the intelligence 
community, the Comptroller General shall submit to the congressional 
intelligence committees a notice that includes--
            ``(1) a description of the analysis, evaluation, or 
        investigation to occur and the purposes of such analysis, 
        evaluation, or investigation;
            ``(2) the names of the personnel who will conduct such 
        analysis, evaluation, or investigation and the level of 
        security clearance possessed by such personnel; and
            ``(3) the procedures to be used in the course of such 
        analysis, evaluation, or investigation for examining classified 
        information, including a description of all facilities and 
        materials that will be used.
    ``(d) Discussion of Procedures.--(1) Prior to initiating an 
analysis, evaluation, or investigation of an element of the 
intelligence community, the Comptroller General, in consultation with 
the congressional intelligence committees, shall discuss with the 
Director of National Intelligence the procedures for conducting such 
analysis, evaluation, or investigation.
    ``(2) Not later than five days after the discussion referred to in 
paragraph (1), the Director of National Intelligence may submit to the 
Comptroller General a written comment suggesting any changes or 
modifications to the procedures referred to in paragraph (1).
    ``(e) Confidentiality.--The Comptroller General shall maintain the 
same level of confidentiality for a record made available during the 
course of an analysis, evaluation, or investigation involving sources 
or methods as is required of the head of the element of the 
intelligence community from which such record is obtained. An officer 
or employee of the Government Accountability Office shall be subject to 
the same statutory penalties for unauthorized disclosure or use of a 
record as an officer or employee of the element of the intelligence 
community that provided the Comptroller General or such officer or 
employee of the Government Accountability Office with access to such 
record.
    ``(f) Workpapers.--All workpapers of the Comptroller General and 
all records and property of any element of the intelligence community 
that the Comptroller General uses during the course of an analysis, 
evaluation, or investigation involving sources or methods shall remain 
in facilities provided by the element of the intelligence community 
providing such records and property.
    ``(g) Provision of Supplies.--The head of each element of the 
intelligence community that is a subject of an analysis, evaluation, or 
investigation by the Comptroller General involving sources or methods 
shall provide the Comptroller General with suitable and secure offices 
and furniture, telephones, and access to copying facilities, for 
purposes of such analysis, evaluation, or investigation.
    ``(h) Procedures for Protection of Information.--The Comptroller 
General, in consultation with the congressional intelligence 
committees, shall establish procedures to protect from unauthorized 
disclosure all classified and other sensitive information furnished to 
the Comptroller General in the course of conducting an analysis, 
evaluation, or investigation involving sources and methods.
    ``(i) Submission of Names of Personnel Conducting Analysis, 
Evaluation, or Investigation.--Prior to initiating an analysis, 
evaluation, or investigation involving sources and methods, the 
Comptroller General shall provide the Director of National Intelligence 
and the head of each element of the intelligence community that is a 
subject of such analysis, evaluation, or investigation with the name of 
each officer and employee of the Government Accountability Office who 
has obtained appropriate security clearance and to whom, upon proper 
identification, the head of such element shall make available records 
and information during the course of such analysis, evaluation, or 
investigation.
    ``(j) Cooperation.--The head of each element of the intelligence 
community that is a subject of an analysis, evaluation, or 
investigation shall cooperate fully with the Comptroller General and 
provide timely responses to requests by the Comptroller General for 
documentation and information made pursuant to this section.
    ``(k) Rule of Construction.--Except as provided in subsection (b), 
nothing in this section or any other provision of law shall be 
construed to restrict or limit the authority of the Comptroller General 
to audit, evaluate, or obtain access to the records of an element of 
the intelligence community absent specific statutory language 
restricting or limiting such audits, evaluations, or access to 
records.''.

                       Subtitle D--Other Matters

SEC. 931. REVISIONS TO THE BOARD OF REGENTS FOR THE UNIFORMED SERVICES 
              UNIVERSITY OF THE HEALTH SCIENCES.

    Subsection (b) of section 2113a of title 10, United States Code, is 
amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (4), and (5), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) four persons, of which the chairmen and ranking 
        members of the Committees on Armed Services of the Senate and 
        House of Representatives may each appoint one person, 
        respectively;''.

SEC. 932. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INITIATIVE 
              FUND.

    (a) In General.--Section 166a(e)(1) of title 10, United States 
Code, is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(D) not more than $10,000,000 may be used for research, 
        development, test and evaluation activities.''.
    (b) Applicability.--The amendments made by this section shall not 
apply with respect to funds appropriated for a fiscal year before 
fiscal year 2011.

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.

    (a) Extension of Waiver.--Paragraph (1) of section 941(b) of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by 
striking ``fiscal years 2009 and 2010'' and inserting ``fiscal years 
2009 through 2012''.
    (b) Annual Report.--Paragraph (3) of such section is amended by 
striking ``in 2010 and 2011'' and inserting ``in each year through 
2013''.

SEC. 934. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL ROLES AND MISSIONS 
              REVIEW IN 2011.

    (a) Additional Activities Considered.--As part of the quadrennial 
roles and missions review conducted in 2011 pursuant to section 118b of 
title 10, United States Code, the Secretary of Defense shall give 
consideration to the following activities, giving particular attention 
to their role in counter-terrorism operations:
            (1) Information operations.
            (2) Strategic communications.
            (3) Detention and interrogation.
    (b) Additional Report Requirement.--In the report required by 
section 118b(d) of such title for such review in 2011, the Secretary of 
Defense shall--
            (1) provide clear guidance on the nature and extent of 
        which core competencies are associated with the activities 
        listed in subsection (a); and
            (2) identify the elements of the Department of Defense that 
        are responsible or should be responsible for providing such 
        core competencies.

SEC. 935. CODIFICATION OF CONGRESSIONAL NOTIFICATION REQUIREMENT BEFORE 
              PERMANENT RELOCATION OF ANY UNITED STATES MILITARY UNIT 
              STATIONED OUTSIDE THE UNITED STATES.

    (a) Codification and Related Report.--Chapter 6 of title 10, United 
States Code, is amended by inserting after section 162 the following 
new section:
``Sec. 162a. Congressional notification before permanent relocation of 
              military units stationed outside the United States
    ``(a) Notification Requirement.--The Secretary of Defense shall 
notify Congress at least 30 days before the permanent relocation of a 
unit stationed outside the United States.
    ``(b) Elements of Notification.--The notification required by 
subsection (a) shall include a description of the following:
            ``(1) How relocation of the unit supports the United States 
        national security strategy.
            ``(2) Whether the relocation of the unit will have an 
        impact on any security commitments undertaken by the United 
        States pursuant to any international security treaty, including 
        the North Atlantic Treaty, the Treaty of Mutual Cooperation and 
        Security between the United States and Japan, and the Security 
        Treaty Between Australia, New Zealand, and the United States of 
        America.
            ``(3) How relocation of the unit addresses the current 
        security environment in the affected geographic combatant 
        command's area of responsibility, including United States 
        participation in theater security cooperation activities and 
        bilateral partnership, exchanges, and training exercises.
            ``(4) How relocation of the unit impacts the status of 
        overseas base closure and realignment actions undertaken as 
        part of a global defense posture realignment strategy and the 
        status of development and execution of comprehensive master 
        plans for overseas military main operating bases, forward 
        operating sites, and cooperative security locations of the 
        global defense posture of the United States.
    ``(c) Exceptions.--Subsection (a) does not apply in the case of--
            ``(1) the relocation of a unit deployed to a combat zone; 
        or
            ``(2) the relocation of a unit as the result of closure of 
        an overseas installation at the request of the government of 
        the host nation in the manner provided in the agreement between 
        the United States and the host nation regarding the 
        installation.
    ``(d) Definitions.--In this section:
            ``(1) Combat zone.--The term `combat zone' has the meaning 
        given that term in section 112(c)(2) of the Internal Revenue 
        Code of 1986.
            ``(2) Geographic combatant command.--The term `geographic 
        combatant command' means a combatant command with a geographic 
        area of responsibility that does not include North America.
            ``(3) Unit.--The term `unit' has the meaning determined by 
        the Secretary of Defense for purposes of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
162 the following new item:

``162a. Congressional notification before permanent relocation of 
                            military units stationed outside the United 
                            States.''.
    (c) Repeal of Superceded Notification Requirement.--Section 1063 of 
the National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2469; 10 U.S.C. 113 note) is repealed.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority to Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this division for 
        fiscal year 2011 between any such authorizations for that 
        fiscal year (or any subdivisions thereof). Amounts of 
        authorizations so transferred shall be merged with and be 
        available for the same purposes as the authorization to which 
        transferred.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section may not exceed 
        $3,500,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations under title IV shall not be counted toward the 
        dollar limitation in paragraph (2).
    (b) Limitations.--The authority provided by this section to 
transfer authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.
    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount 
is transferred by an amount equal to the amount transferred.
    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).

SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN 
              AFGHANISTAN, IRAQ, AND HAITI FOR FISCAL YEAR 2010.

    In addition to the amounts otherwise authorized to be appropriated 
by this division, the amounts authorized to be appropriated for fiscal 
year 2010 in title XV of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84) are hereby increased, with respect 
to any such authorized amount, as follows:
            (1) The amounts provided in sections 1502 through 1507 of 
        such Act for the following procurement accounts are increased 
        as follows:
                    (A) For aircraft procurement, Army, by 
                $182,170,000.
                    (B) For weapons and tracked combat vehicles 
                procurement, Army, by $3,000,000.
                    (C) For ammunition procurement, Army, by 
                $17,055,000.
                    (D) For other procurement, Army, by $1,997,918,000.
                    (E) For the Joint Improvised Explosive Device 
                Defeat Fund, by $400,000,000.
                    (F) For aircraft procurement, Navy, by 
                $104,693,000.
                    (G) For other procurement, Navy, by $15,000,000.
                    (H) For procurement, Marine Corps, by $18,927,000.
                    (I) For aircraft procurement, Air Force, by 
                $209,766,000.
                    (J) For ammunition procurement, Air Force, by 
                $5,000,000.
                    (K) For other procurement, Air Force, by 
                $576,895,000.
                    (L) For the Mine Resistant Ambush Protected Vehicle 
                Fund, by $1,123,000,000.
                    (M) For defense-wide activities, by $189,276,000.
            (2) The amounts provided in section 1508 of such Act for 
        research, development, test, and evaluation are increased as 
        follows:
                    (A) For the Army, by $61,962,000.
                    (B) For the Navy, by $5,360,000.
                    (C) For the Air Force, by $187,651,000.
                    (D) For defense-wide activities, by $22,138,000.
            (3) The amounts provided in sections 1509, 1511, 1513, 
        1514, and 1515 of such Act for operation and maintenance are 
        increased as follows:
                    (A) For the Army, by $11,700,965,000.
                    (B) For the Navy, by $2,428,702,000.
                    (C) For the Marine Corps, by $1,090,873,000.
                    (D) For the Air Force, by $3,845,047,000.
                    (E) For defense-wide activities, by $1,188,421,000.
                    (F) For the Army Reserve, by $67,399,000.
                    (G) For the Navy Reserve, by $61,842,000.
                    (H) For the Marine Corps Reserve, by $674,000.
                    (I) For the Air Force Reserve, by $95,819,000.
                    (J) For the Army National Guard, by $171,834,000.
                    (K) For the Air National Guard, by $161,281,000.
                    (L) For the Defense Health Program, by $33,367,000.
                    (M) For Drug Interdiction and Counterdrug 
                Activities, Defense-wide, by $94,000,000.
                    (N) For the Afghanistan Security Forces Fund, by 
                $2,604,000,000.
                    (O) For the Iraq Security Forces Fund, by 
                $1,000,000,000.
                    (P) For Overseas Humanitarian, Disaster and Civic 
                Aid, by $255,000,000.
                    (Q) For Overseas Contingency Operations Transfer 
                Fund, by $350,000,000.
                    (R) For Working Capital Funds, by $974,967,000.
            (4) The amount provided in section 1512 of such Act for 
        military personnel accounts is increased by $1,895,761,000.

SEC. 1003. BUDGETARY EFFECTS OF THIS ACT.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Committee on the Budget of the House of 
Representatives, as long as such statement has been submitted prior to 
the vote on passage of this Act.

                  Subtitle B--Counter-Drug Activities

SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 
              COLOMBIA.

    Section 1021 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most 
recently amended by section 1011 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), is 
further amended--
            (1) in subsection (a), by striking ``2010'' and inserting 
        ``2011''; and
            (2) in subsection (c), by striking ``2010'' and inserting 
        ``2011''.

SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT AGENCIES 
              CONDUCTING COUNTERTERRORISM ACTIVITIES.

    Section 1022(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as most 
recently amended by section 1012 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), is 
further amended by striking ``2010'' and inserting ``2011''.

SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN 
              COUNTER-DRUG ACTIVITIES.

    Section 1022(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section 
1013 of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111-84; 123 Stat. 2442), is further amended by striking 
``February 15, 2010'' and inserting ``February 15, 2011''.

SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN 
              GOVERNMENTS.

    (a) In General.--Subsection (a)(2) section 1033 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 
Stat. 1881), as most recently amended by section 1014(a) of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2442), is further amended by striking ``2010'' and 
inserting ``2011''.
    (b) Maximum Amount of Support.--Subsection (e)(2) of such section 
is amended by striking ``fiscal years 2009 and 2010'' and inserting 
``fiscal years 2010 and 2011''.

                Subtitle C--Naval Vessels and Shipyards

SEC. 1021. REQUIREMENTS FOR LONG-RANGE PLAN FOR CONSTRUCTION OF NAVAL 
              VESSELS.

    (a) In General.--Section 231 of title 10, United States Code, is 
amended to read as follows:
``Sec. 231. Long-range plan for construction of naval vessels
    ``(a) Quadrennial Naval Vessel Construction Plan.--At the same time 
that the budget of the President is submitted under section 1105(a) of 
title 31 during each year in which the Secretary of Defense submits a 
quadrennial defense review, the Secretary of the Navy shall submit to 
the congressional defense committees a long-range plan for the 
construction of combatant and support vessels for the Navy that 
supports the force structure recommendations of the quadrennial defense 
review.
    ``(b) Matters Included.--The plan under subsection (a) shall 
include the following:
            ``(1) A detailed construction schedule of naval vessels for 
        the 10-year period beginning on the date on which the plan is 
        submitted, including a certification by the Secretary that the 
        budget for the fiscal year in which the plan is submitted and 
        the budget for the future-years defense program submitted under 
        section 221 of this title are sufficient for funding such 
        schedule.
            ``(2) A probable construction schedule for the 10-year 
        period beginning on the date that is 10 years after the date on 
        which the plan is submitted.
            ``(3) A notional construction schedule for the 10-year 
        period beginning on the date that is 20 years after the date on 
        which the plan is submitted.
            ``(4) The estimated levels of annual funding necessary to 
        carry out the construction schedules under paragraphs (1), (2), 
        and (3).
            ``(5) For the construction schedules under paragraphs (1) 
        and (2)--
                    ``(A) a determination by the Director of Cost 
                Assessment and Program Evaluation of the level of 
                funding necessary to execute such schedules; and
                    ``(B) an evaluation by the Director of the 
                potential risk associated with such schedules, 
                including detailed effects on operational plans, 
                missions, deployment schedules, and fulfillment of the 
                requirements of the combatant commanders.
    ``(c) Naval Composition.--In submitting the plan under subsection 
(a), the Secretary shall ensure that such plan--
            ``(1) is in accordance with section 5062(b) of this title; 
        and
            ``(2) phases the construction of new aircraft carriers 
        during the periods covered by such plan in a manner that 
        minimizes the total cost for procurement for such vessels.
    ``(d) Assessment When Budget Is Insufficient.--If the budget for a 
fiscal year provides for funding of the construction of naval vessels 
at a level that is less than the level determined necessary by the 
Director of Cost Assessment and Program Evaluation under subsection 
(b)(5), the Secretary of the Navy shall include with the defense budget 
materials for that fiscal year an assessment that describes and 
discusses the risks associated with the budget, including the risk 
associated with a reduced force structure that may result from funding 
naval vessel construction at such a level.
    ``(e) CBO Evaluation.--Not later than 60 days after the date on 
which the congressional defense committees receive the plan under 
subsection (a), the Director of the Congressional Budget Office shall 
submit to such committees a report assessing the sufficiency of the 
construction schedules and the estimated levels of annual funding 
included in such plan with respect to the budget submitted during the 
year in which the plan is submitted and the future-years defense 
program submitted under section 221 of this title.
    ``(f) Changes to the Construction Plan.--In any year in which a 
quadrennial defense review is not submitted, the Secretary of the Navy 
may not modify the construction schedules submitted in the plan under 
subsection (a) unless--
            ``(1) the modification is an increase in planned ship 
        construction;
            ``(2) the modification is a realignment of less than 1 year 
        of construction start dates in the future-years defense plan 
        submitted under section 221 of this title and the Secretary 
        submits to the congressional defense committees a report on 
        such modification, including--
                    ``(A) the reasons for realignment;
                    ``(B) any increased cost that will be incurred by 
                the Navy because of the realignment; and
                    ``(C) an assessment of the effects that the 
                realignment will have on the shipbuilding industrial 
                base, including the secondary supply base; or
            ``(3) the modification is a decrease in the number or type 
        of combatant and support vessels of the Navy and the Secretary 
        submits to the congressional defense committees a report on 
        such modification, including--
                    ``(A) an addendum to the most recent quadrennial 
                defense review that fully explains and justifies the 
                decrease with respect to the national security strategy 
                of the United States as set forth in the most recent 
                national security strategy report of the President 
                under section 108 of the National Security Act of 1947 
                (50 U.S.C. 404a); and
                    ``(B) a description of the additional reviews and 
                analyses considered by the Secretary after the previous 
                quadrennial defense review was submitted that justify 
                the decrease.
    ``(g) Definitions.--In this section:
            ``(1) The term `budget', with respect to a fiscal year, 
        means the budget for that fiscal year that is submitted to 
        Congress by the President under section 1105(a) of title 31.
            ``(2) The term `defense budget materials', with respect to 
        a fiscal year, means the materials submitted to Congress by the 
        Secretary of Defense in support of the budget for that fiscal 
        year.
            ``(3) The term `quadrennial defense review' means the 
        review of the defense programs and policies of the United 
        States that is carried out every 4 years under section 118 of 
        this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 9 of such title is amended by striking the item relating to 
section 231 and inserting the following new item:

``231. Long-range plan for construction of naval vessels.''.

SEC. 1022. REQUIREMENTS FOR THE DECOMMISSIONING OF NAVAL VESSELS.

    (a) Notice of Decommissioning.--The Secretary of the Navy may not 
decommission any battle force vessel of the active fleet of the Navy 
unless the Secretary provides to the congressional defense committees 
written notification of such decommissioning in accordance with 
established procedures.
    (b) Content of Notification.--Any notification provided under 
subsection (a) shall include each of the following:
            (1) The reasons for the proposed decommissioning of the 
        vessel.
            (2) An analysis of the effect the decommissioning would be 
        likely to have on the deployment schedules of other vessels in 
        the same class as the vessel proposed to be decommissioned.
            (3) A certification from the Chairman of the Joint Chiefs 
        of Staff that the decommissioning of the vessel will not 
        adversely affect the requirements of the combatant commanders 
        to fulfill missions critical to national security.
            (4) Any budgetary implications associated with retaining 
        the vessel in commission, expressed for each applicable 
        appropriation account.

SEC. 1023. REQUIREMENTS FOR THE SIZE OF THE NAVY BATTLE FORCE FLEET.

    (a) Limitation on Decommissioning.--Until the number of vessels in 
the battle force fleet of the Navy reaches 313 vessels, the Secretary 
of the Navy shall not decommission, in fiscal year 2011 or any 
subsequent fiscal year, more than two-thirds of the number of vessels 
slated for commissioning into the battle force fleet for that fiscal 
year.
    (b) Treatment of Submarines.--For purposes of subsection (a), 
submarines of the battle force fleet slated for decommissioning for any 
fiscal year shall not count against the number of vessels the Secretary 
of the Navy is required to maintain for that fiscal year.

SEC. 1024. RETENTION AND STATUS OF CERTAIN NAVAL VESSELS.

    The Secretary of the Navy shall retain the vessels the U.S.S. 
Nassau (LHA 4) and the U.S.S. Peleliu (LHA 5), in a commissioned and 
operational status, until the delivery to the Navy of the vessels the 
U.S.S. America (LHA 6) and the vessel designated as LHA 7, 
respectively.

SEC. 1025. EXPRESSING THE SENSE OF CONGRESS REGARDING THE NAMING OF A 
              NAVAL COMBAT VESSEL AFTER FATHER VINCENT CAPODANNO.

    (a) Findings.--Congress makes the following findings:
            (1) Father Vincent Capodanno was born on February 13, 1929, 
        in Staten Island, New York.
            (2) After attending Fordham University for a year, he 
        entered the Maryknoll Missionary Seminary in upstate New York 
        in 1949, and was ordained a Catholic priest in June 1957.
            (3) Father Capodanno's first assignment as a missionary was 
        working with aboriginal Taiwanese people in the mountains of 
        Taiwan where he served in a parish and later in a school. After 
        several years, Father Capodanno returned to the United States 
        for leave and then was assigned to a Maryknoll school in Hong 
        Kong.
            (4) Father Vincent Capodanno volunteered as a Navy Chaplain 
        and was commissioned a Lieutenant in the Chaplain Corps of the 
        United States Naval Reserve in December 28, 1965.
            (5) Father Vincent Capodanno selflessly extended his combat 
        tour in Vietnam on the condition he was allowed to remain with 
        the infantry.
            (6) On September 4, 1967, during a fierce battle in the 
        Thang Binh District of the Que-Son Valley in Vietnam, Father 
        Capodanno went among the wounded and dying, giving last rites 
        and caring for the injured. He was killed that day while taking 
        care of his Marines.
            (7) On January 7, 1969, Father Vincent Capodanno was 
        awarded the Medal of Honor posthumously for comforting the 
        wounded and dying during the Vietnam conflict. For his 
        dedicated service, Father Capodanno was also awarded the Bronze 
        Star, the Purple Heart, the Presidential Unit Citation, the 
        National Defense Service Medal, the Vietnam Service Medal, the 
        Vietnam Gallantry Cross with Palm, and the Vietnam Campaign 
        Medal.
            (8) In his memory, the U.S.S. Capodanno was commissioned on 
        September 17, 1973. It is the only Naval vessel to date to have 
        received a Papal blessing by Pope John Paul II in Naples, 
        Italy, on September 4, 1981.
            (9) The U.S.S. Capodanno was decommissioned on July 30, 
        1993.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of the Navy should name a combat vessel of the United States 
Navy the ``U.S.S. Father Vincent Capodanno'', in honor of Father 
Vincent Capodanno, a lieutenant in the Navy Chaplain Corps.

                      Subtitle D--Counterterrorism

SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR 
              COMBATING TERRORISM.

    Section 127b(c)(3)(C) of title 10, United States Code, is amended 
by striking ``2010'' and inserting ``2011''.

SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE 
              OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, 
              GUANTANAMO BAY, CUBA.

    None of the funds authorized to be appropriated by this Act may be 
used to transfer, release, or assist in the transfer or release to or 
within the United States, its territories, or possessions of Khalid 
Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after January 20, 2009, at United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.

SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OF 
              INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY, 
              CUBA, TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.

    (a) Limitation.--The Secretary of Defense may not use any of the 
amounts authorized to be appropriated by this Act or otherwise 
available to the Department of Defense to transfer any individual 
detained at Guantanamo to the custody or effective control of the 
individual's country of origin, to any other foreign country, or to any 
other foreign entity unless the Secretary submits to Congress the 
certification described in subsection (b) by not later than 30 days 
before the transfer of the individual.
    (b) Certification.--The certification described in this subsection 
is a written certification made by the Secretary of Defense, with 
concurrence of the Secretary of State, that the government of the 
foreign country or the recognized leadership of the foreign entity to 
which the individual detained at Guantanamo is to be transferred--
            (1) is not a designated state sponsor of terrorism or a 
        designated foreign terrorist organization;
            (2) maintains effective control over each detention 
        facility in which an individual is to be detained if the 
        individual is to be housed in a detention facility;
            (3) is not, as of the date of the certification, facing a 
        threat that is likely to substantially affect its ability to 
        exercise control over the individual;
            (4) has agreed to take effective steps to ensure that the 
        individual cannot take action to threaten the United States, 
        its citizens, or its allies in the future;
            (5) has taken such steps as the Secretary determines are 
        necessary to ensure that the individual cannot engage or re-
        engage in any terrorist activity; and
            (6) has agreed to share any information with the United 
        States that--
                    (A) is related to the individual or any associates 
                of the individual; and
                    (B) could affect the security of the United States, 
                its citizens, or its allies.
    (c) Prohibition and Waiver in Cases of Prior Confirmed 
Recidivism.--
            (1) Prohibition.--The Secretary of Defense may not use any 
        amount authorized to be appropriated or otherwise made 
        available to the Department of Defense to transfer any 
        individual detained at Guantanamo to the custody of the 
        individual's country of origin, to any other foreign country, 
        or to any other foreign entity if there is a confirmed case of 
        any individual who was detained at United States Naval Station, 
        Guantanamo Bay, Cuba, at any time after September 11, 2001, who 
        was transferred to the foreign country or entity and 
        subsequently engaged in any terrorist activity.
            (2) Waiver.--The Secretary of Defense may waive the 
        prohibition in paragraph (1) if the Secretary determines that 
        such a transfer is in the national security interests of the 
        United States and includes, as part of the certification 
        described in subsection (b) relating to such transfer, the 
        determination of the Secretary under this paragraph.
    (d) Definitions.--For the purposes of this section:
            (1) The term ``individual detained at Guantanamo'' means 
        any individual who is located at United States Naval Station, 
        Guantanamo Bay, Cuba, as of October 1, 2009, who--
                    (A) is not a citizen of the United States or a 
                member of the Armed Forces of the United States; and
                    (B) is--
                            (i) in the custody or under the effective 
                        control of the Department of Defense; or
                            (ii) otherwise under detention at United 
                        States Naval Station, Guantanamo Bay, Cuba.
            (2) The term ``foreign terrorist organization'' means any 
        organization so designated by the Secretary of State under 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189).

SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MODIFY OR CONSTRUCT 
              FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES 
              TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO 
              BAY, CUBA.

    (a) In General.--None of the funds authorized to be appropriated by 
this Act may be used to construct or modify any facility in the United 
States, its territories, or possessions to house any individual 
described in subsection (c) for the purposes of detention or 
imprisonment in the custody or under the effective control of the 
Department of Defense.
    (b) Exception.--The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.
    (c) Individuals Described.--An individual described in this 
subsection is any individual who, as of October 1, 2009, is located at 
United States Naval Station, Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control 
                of the Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.
    (d) Report on Use of Facilities in the United States to House 
Detainees Transferred From Guantanamo.--
            (1) Report required.--Not later than April 1, 2011, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report, in classified or unclassified form, on the 
        merits, costs, and risks of using any proposed facility in the 
        United States, its territories, or possessions to house any 
        individual described in subsection (c) for the purposes of 
        detention or imprisonment in the custody or under the effective 
        control of the Department of Defense.
            (2) Elements of the report.--The report required in 
        paragraph (1) shall include each of the following:
                    (A) A discussion of the merits associated with any 
                such proposed facility that would justify--
                            (i) using the facility instead of the 
                        facility at United States Naval Station, 
                        Guantanamo Bay, Cuba; and
                            (ii) the proposed facility's contribution 
                        to effecting a comprehensive policy for 
                        continuing military detention operations.
                    (B) The rationale for selecting the specific site 
                for any such proposed facility, including details for 
                the processes and criteria used for identifying the 
                merits described in subparagraph (A) and for selecting 
                the proposed site over reasonable alternative sites.
                    (C) A discussion of any potential risks to any 
                community in the vicinity of any such proposed 
                facility, the measures that could be taken to mitigate 
                such risks, and the likely cost to the Department of 
                Defense of implementing such measures.
                    (D) A discussion of any necessary modifications to 
                any such proposed facility to ensure that any detainee 
                transferred from Guantanamo Bay to such facility could 
                not come into contact with any other individual, 
                including any other person detained at such facility, 
                that is not approved for such contact by the Department 
                of Defense, and an assessment of the likely costs of 
                such modifications.
                    (E) A discussion of any support at the site of any 
                such proposed facility that would likely be provided by 
                the Department of Defense, including the types of 
                support, the number of personnel required for each such 
                type, and an estimate of the cost of such support.
                    (F) A discussion of any support, other than support 
                provided at a proposed facility, that would likely be 
                provided by the Department of Defense for the operation 
                of any such proposed facility, including the types of 
                possible support, the number of personnel required for 
                each such type, and an estimate of the cost of such 
                support.
                    (G) A discussion of the legal issues, in the 
                judgment of the Secretary of Defense, that could be 
                raised as a result of detaining or imprisoning any 
                individual described in subsection (c) at any such 
                proposed facility that could not be raised while such 
                individual is detained or imprisoned at United States 
                Naval Station, Guantanamo Bay, Cuba.

SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTECTION POLICIES.

    (a) Comprehensive Review Required.--The Secretary of Defense shall 
conduct a comprehensive review of Department of Defense policies, 
regulations, instructions, and directives pertaining to force 
protection within the Department.
    (b) Matters Covered.--The review required under subsection (a) 
shall include an assessment of each of the following:
            (1) Information sharing practices across the Department of 
        Defense, and among the State, local, and Federal partners of 
        the Department of Defense.
            (2) Antiterrorism and force protection standards relating 
        to standoff distances for buildings.
            (3) Protective standards relating to chemical, biological, 
        radiological, nuclear, and high explosives threats.
            (4) Standards relating to access to Department bases.
            (5) Standards for identity management within the 
        Department, including such standards for identity cards and 
        biometric identifications systems.
            (6) Procedures for validating and approving individuals 
        with regular or episodic access to military installations, 
        including military personnel, civilian employees, contractors, 
        family members of personnel, and other types of visitors.
            (7) Procedures for sharing with appropriate Department of 
        Defense officials--
                    (A) information from the intelligence or law 
                enforcement community regarding possible contacts with 
                terrorists or terrorist groups, criminal organizations, 
                or other state and non-state foreign entities actively 
                working to undermine the security interests of the 
                United States; and
                    (B) personnel records or other derogatory 
                information regarding potentially suspicious 
                activities.
            (8) Any legislative changes recommended for implementing 
        the recommendations contained in the review.
    (c) Interim Report.--Not later than March 1, 2011, the Secretary of 
Defense shall submit an interim report on the comprehensive report 
required under subsection (a).
    (d) Final Report.--Not later than June 1, 2011, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a final report on the comprehensive review 
required under subsection (a). The final report shall include such 
findings and recommendations as the Secretary considers appropriate 
based on the review, including recommended actions to be taken to 
implement the specific recommendations in the final report. The final 
report shall be submitted in an unclassified format, but may include a 
classified annex.

SEC. 1036. FORT HOOD FOLLOW-ON REVIEW IMPLEMENTATION FUND.

    (a) Establishment of Fund.--Of the amounts authorized to be 
appropriated under section 301(5), the Secretary of Defense shall 
deposit $100,000,000 into a fund to be known as the ``Fort Hood Follow-
on Review Implementation Fund''. Amounts deposited in the Fund shall be 
available to the Secretary to address the recommendations contained in 
the review known as the ``Fort Hood Follow-on Review''.
    (b) Transfer Authority.--
            (1) Transfers authorized.--Amounts in the Fort Hood Follow-
        on Review Implementation Fund may be transferred to any of the 
        following accounts and funds of the Department of Defense for 
        the purpose of addressing any of the recommendations contained 
        the Fort Hood Follow-on Review:
                    (A) Military personnel accounts.
                    (B) Operation and maintenance accounts.
                    (C) Procurement accounts.
                    (D) Research, development, test, and evaluation 
                accounts.
                    (E) Defense working capital funds.
                    (F) Defense Health Program accounts.
            (2) Additional transfer authority.--The transfer authority 
        provided by paragraph (1) is in addition to any other transfer 
        authority available to the Department of Defense.
            (3) Transfers back to the fund.--Upon the Secretary's 
        determination that all or part of the funds transferred from 
        the Fort Hood Follow-on Review Implementation Fund under 
        paragraph (1) are not necessary for the purpose for which such 
        funds were transferred, such funds may be transferred back to 
        the Fund.
            (4) Prior notice to congressional committees.--
                    (A) Obligations.--No amount may be obligated from 
                the Fort Hood Follow-on Review Implementation Fund 
                until 30 days after the date on which the Secretary of 
                Defense notifies the congressional defense committees, 
                in writing, of the details of the proposed obligation.
                    (B) Transfers.--No amount may be transferred under 
                paragraph (1) until 45 days after the date on which the 
                Secretary of Defense notifies the congressional defense 
                committees, in writing, of the details of the proposed 
                transfer.
            (5) Effect on authorization amounts.--A transfer to any 
        account under paragraph (1) shall be deemed to increase the 
        amount authorized to be appropriated for such account for 
        fiscal year 2011 by an amount equal to the amount so 
        transferred.
    (c) Quarterly Obligation and Expenditure Reports.--Not later than 
15 days after the end of each fiscal quarter of fiscal year 2011, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the Fort Hood Follow-on Review Implementation 
Fund. Such reports shall include explanations of the monthly 
commitments, obligations, and expenditures of such Fund, expressed by 
line of action, for the fiscal quarter covered by the report.

SEC. 1037. INSPECTOR GENERAL INVESTIGATION OF THE CONDUCT AND PRACTICES 
              OF LAWYERS REPRESENTING INDIVIDUALS DETAINED AT NAVAL 
              STATION, GUANTANAMO BAY, CUBA.

    (a) In General.--The Inspector General of the Department of Defense 
shall conduct an investigation of the conduct and practices of lawyers 
described in subsection (c). In conducting such investigation, the 
Inspector General shall--
            (1) identify any conduct or practice of such a lawyer that 
        has--
                    (A) interfered with the operations of the 
                Department of Defense at Naval Station, Guantanamo Bay, 
                Cuba, relating to individuals described in subsection 
                (d);
                    (B) violated any applicable policy of the 
                Department;
                    (C) violated any law within the exclusive 
                investigative jurisdiction of the Inspector General of 
                the Department of Defense; or
                    (D) generated any material risk to a member of the 
                Armed Forces of the United States;
            (2) identify any actions taken by the Department to address 
        any conduct or practice identified in paragraph (1); and
            (3) determine whether any such conduct or practice 
        undermines the operations of the Department relating to such 
        individuals.
    (b) Lawyers Described.--The lawyers described in this subsection 
are military and non-military lawyers--
            (1) who represent individuals described in subsection (d) 
        in proceedings relating to petitions for habeas corpus or in 
        military commissions; and
            (2) for whom there is reasonable suspicion that they have 
        engaged in conduct or practices described in subsection (a)(1).
    (c) Individuals Described.--An individual described in this 
subsection is any individual who is located, or who has been located at 
any time on or after September 11, 2001, at United States Naval 
Station, Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is or was--
                    (A) in the custody or under the effective control 
                of the Department of Defense; or
                    (B) otherwise under detention at the United States 
                Naval Station, Guantanamo Bay, Cuba.
    (d) Report.--Not later than 90 days after the date of the 
completion of an investigation under subsection (a), the Inspector 
General shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report describing the results of such 
investigation.
    (e) Rule of Construction.--Nothing in this section shall be 
construed as authorizing the public disclosure of information that is--
            (1) specifically prohibited from disclosure by any other 
        provision of law;
            (2) specifically required by Executive order to be 
        protected from disclosure in the interest of national defense 
        or national security; or
            (3) a part of an ongoing criminal investigation.

SEC. 1038. PROHIBITION ON USE OF FUNDS TO GIVE MIRANDA WARNINGS TO AL 
              QAEDA TERRORISTS.

    None of the funds authorized to be appropriated in this Act or 
otherwise made available to the Department of Defense shall be used in 
violation of section 1040 of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2454; 10 U.S.C. 801 
note).

                    Subtitle E--Studies and Reports

SEC. 1041. DEPARTMENT OF DEFENSE AEROSPACE-RELATED MISHAP SAFETY 
              INVESTIGATION REPORTS.

    (a) Provision of Briefings.--Not later than 30 days after the 
submittal of a written request by the chairman and ranking member of 
any of the congressional defense committees, the Secretary of a 
military department shall provide to that committee a briefing on the 
privileged findings, causal factors, and recommendations contained in a 
specific Department of Defense aerospace-related mishap safety 
investigation report.
    (b) Briefing Attendance.--A briefing provided under subsection (a) 
may be attended only by the following individuals:
            (1) The chairman of the congressional defense committee for 
        which the briefing is provided.
            (2) The ranking member of that committee.
            (3) The chairmen and ranking members of any subcommittees 
        of that committee that the committee chairman and ranking 
        member jointly designate as having jurisdiction over 
        information contained in the briefing.
            (4) Not more than four professional staff members 
        designated jointly by the chairman and ranking member of the 
        committee.
    (c) Availability of Reports.--During a briefing provided under 
subsection (a), two copies of the privileged version of the mishap 
safety investigation report that is the subject of the briefing shall 
be made available for review by each of the individuals who attend the 
briefing pursuant to subsection (b). Each copy of the report shall be 
returned to the Department of Defense at the conclusion of the 
briefing.
    (d) Department of Defense Aerospace-related Mishap Reporting 
Requirement.--The chairperson who is appointed by the Secretary of a 
military department for the purpose of conducting an aerospace-related 
mishap safety board investigation, shall include as an addendum in the 
privileged safety report a discussion--
            (1) comparing and contrasting all of the findings, causal 
        factors, and recommendations contained in the non-privileged, 
        publicly-released version of the aerospace-related mishap 
        investigation report;
            (2) describing how such findings, causal factors, and 
        recommendations differ from the findings, causal factors, and 
        recommendations contained in the privileged version of the 
        safety report; and
            (3) the rationale that justifies any such differences.

SEC. 1042. INTERAGENCY NATIONAL SECURITY KNOWLEDGE AND SKILLS.

    (a) Study Required.--
            (1) Selection of independent study organization.--Not later 
        than 60 days after the date of the enactment of this Act, the 
        Secretary of Defense shall select and enter into an agreement 
        with an appropriate independent, nonprofit organization to 
        conduct a study of the matters described in subsection (b).
            (2) Qualifications of organization selected.--The 
        organization selected shall be qualified on the basis of having 
        performed related prior work in the fields of national security 
        and human capital development, and on the basis of such other 
        criteria as the Secretary of Defense may determine.
    (b) Matters to Be Covered.--The study required by subsection (a) 
shall assess the current state of interagency national security 
knowledge and skills in Department of Defense civilian and military 
personnel, and make recommendations for strengthening such knowledge 
and skills. At minimum, the study shall include assessments and 
recommendations on--
            (1) interagency national security training, education, and 
        rotational assignment opportunities available to civilians and 
        military personnel;
            (2) integration of interagency national security education 
        into the professional military education system;
            (3) level of interagency national security knowledge and 
        skills possessed by personnel currently serving in civilian 
        executive and general or flag officer positions, as represented 
        by the interagency education, training, and professional 
        experiences they have undertaken;
            (4) incentives that enable and encourage military and 
        civilian personnel to undertake interagency assignment, 
        education, and training opportunities, as well as disincentives 
        and obstacles that discourage undertaking such opportunities; 
        and
            (5) any plans or current efforts to improve the interagency 
        national security knowledge and skills of civilian and military 
        personnel.
    (c) Report.--Not later than December 1, 2011, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing the findings and recommendations from the study required by 
subsection (a).
    (d) Definition.--In this section, the term ``interagency national 
security knowledge and skills'' means an understanding of, and the 
ability to efficiently and expeditiously work within, the structures, 
mechanisms, and processes by which the departments, agencies, and 
elements of the Federal Government that have national security missions 
coordinate and integrate their policies, capabilities, budgets, 
expertise, and activities to accomplish such missions.

SEC. 1043. REPORT ON ESTABLISHING A NORTHEAST REGIONAL JOINT TRAINING 
              CENTER.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the need for the 
establishment of a Northeast Regional Joint Training Center.
    (b) Contents of Report.--The report required under subsection (a) 
shall include each of the following:
            (1) A list of facilities in the Northeastern United States 
        at which, as of the date of the enactment of this Act, the 
        Department of Defense has deployed or has committed to 
        deploying a joint training experimentation network.
            (2) The extent to which such facilities have sufficient 
        unused capacity and expertise to accommodate and fully utilize 
        a permanent joint training experimentation node.
            (3) A list of potential locations for the regional center 
        discussed in the report.
    (c) Considerations With Respect to Location.--In determining 
potential locations for the regional center of excellence to be 
discussed in the report required under subsection (a), the Secretary of 
Defense shall take into consideration Department of Defense facilities 
that have--
            (1) a workforce of skilled personnel;
            (2) live, virtual, and constructive training capabilities, 
        and the ability to digitally connect them and the associated 
        battle command structure at the tactical and operational 
        levels;
            (3) an extensive deployment history in Operation Enduring 
        Freedom and Operation Iraqi Freedom;
            (4) a location in the Northeastern United States;
            (5) an existing and permanent joint training and 
        experimentation network node;
            (6) the capacity or potential capacity to accommodate a 
        target training audience of up to 4000 additional personnel; 
        and
            (7) the capability to accommodate the training of current 
        and future Army and Air Force unmanned aircraft systems.

SEC. 1044. COMPTROLLER GENERAL REPORT ON PREVIOUSLY REQUESTED REPORTS.

    (a) Report Required.--Not later than March 1, 2011, the Comptroller 
General of the United States shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives a report evaluating the sufficiency, adequacy, and 
conclusions of following reports:
            (1) The report on Air Force fighter force shortfalls, as 
        required by the report of the House of Representatives numbered 
        111-166, which accompanied the National Defense Authorization 
        Act for Fiscal Year 2010 (Public Law 111-84).
            (2) The report on procurement of 4.5 generation fighters, 
        as required by section 131 of the National Defense 
        Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
        Stat. 2218).
            (3) The report on combat air forces restructuring, as 
        required by the report of the House of Representatives numbered 
        111-288, which accompanied the conference report for the 
        National Defense Authorization Act for Fiscal Year 2010 (Public 
        Law 111-84).
    (b) Matters Covered by Report.--The report required by subsection 
(a) shall examine the potential costs and benefits of each of the 
following:
            (1) The service life extension program costs to sustain the 
        legacy fighter fleet to meet inventory requirements with an 
        emphasis on the service life extension program compared to 
        other options such as procurement of 4.5 generation fighters.
            (2) The Falcon Structural Augmentation Roadmap of F-16s, 
        with emphasis on the cost-benefit of such effort and the effect 
        of such efforts on the service life of the airframes.
            (3) Any additional programs designed to extend the service 
        life of legacy fighter aircraft.
    (c) Prohibition.--No fighter aircraft may be retired from the Air 
Force or the Air National Guard inventory in fiscal year 2011 until 180 
days after the receipt by the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives of 
the report required under subsection (a).

SEC. 1045. REPORT ON NUCLEAR TRIAD.

    (a) Report.--Not later than March 1, 2011, the Secretary of 
Defense, in consultation with the Administrator for Nuclear Security, 
shall submit to the congressional defense committees a report on the 
nuclear triad.
    (b) Matters Included.--The report under subsection (a) shall 
include the following:
            (1) A detailed discussion of the modernization and 
        sustainment plans for each component of the nuclear triad over 
        the 20-year period beginning on the date of the report.
            (2) The funding required for each platform of the nuclear 
        triad with respect to operations and maintenance, 
        modernization, and replacement.
            (3) Any industrial capacities that the Secretary considers 
        vital to ensure the viability of the nuclear triad.
    (c) Nuclear Triad Defined.--In this section, the term ``nuclear 
triad'' means the nuclear deterrent capabilities of the United States 
composed of ballistic missile submarines, land-based missiles, and 
strategic bombers.

SEC. 1046. CYBERSECURITY STUDY AND REPORT.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) cybersecurity is one of the most serious national 
        security challenges facing the United States; and
            (2) it is critical that the Department of Defense develop 
        technological solutions that ensure the security and freedom of 
        action of the Department while operating in the cyber domain.
    (b) Study.--The Secretary of Defense shall conduct a study 
assessing--
            (1) the current use of, and potential applications of, 
        modeling and simulation tools to identify likely cybersecurity 
        methodologies and vulnerabilities within the Department of 
        Defense.
            (2) the application of modeling and simulation technology 
        to develop strategies and programs to deter hostile or 
        malicious activity intended to compromise Department of Defense 
        information systems.
    (c) Report.--Not later than January 1, 2012, the Secretary of 
Defense shall submit to the Committees on Armed Services of the House 
of Representatives and the Senate a report containing the results of 
the study conducted under subsection (b), including recommendations on 
possible options for increasing the use of simulation tools to further 
strengthen the cybersecurity environment of the Department of Defense.
    (d) Form.--The report required under subsection (c) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 1047. STUDY ON COMMON ALIGNMENT OF WORLD REGIONS IN DEPARTMENTS 
              AND AGENCIES WITH INTERNATIONAL RESPONSIBILITIES.

    (a) Study Required.--The President shall commission a study to 
assess the need for and implications of a common alignment of world 
regions in the internal organization of departments and agencies of the 
Federal Government with international responsibilities.
    (b) Participating Departments and Agencies.--The following 
departments and agencies, at a minimum, shall participate in the study:
            (1) The Department of Defense, including the combatant 
        commands.
            (2) The Department of State.
            (3) The United States Agency for International Development.
            (4) The Department of Justice.
            (5) The Department of Commerce.
            (6) The Department of the Treasury.
            (7) The intelligence community.
            (8) Such other departments and agencies as the President 
        considers appropriate.
    (c) Cooperation and Access.--The heads of the departments and 
agencies participating in the study shall provide full cooperation 
with, and access to appropriate information to, the team carrying out 
the study.
    (d) Matters Covered.--The study required under subsection (a) 
shall, at a minimum, assess--
            (1) the problems resulting from different geographic 
        boundaries within the various departments and agencies;
            (2) potential obstacles to implementing a common alignment;
            (3) the advantages and disadvantages of a common alignment; 
        and
            (4) impediments to interagency coordination because of 
        differing regional authority levels.
    (e) Report.--The President shall submit to Congress a report on the 
study required under subsection (a) not later than 180 days after the 
date of the enactment of this Act.

SEC. 1048. REQUIRED REPORTS CONCERNING BOMBER MODERNIZATION, 
              SUSTAINMENT, AND RECAPITALIZATION EFFORTS IN SUPPORT OF 
              THE NATIONAL DEFENSE STRATEGY.

    (a) Air Force Report.--
            (1) Report required.--Not later than 360 days after the 
        date of the enactment of this Act, the Secretary of the Air 
        Force shall submit to the congressional defense committees, the 
        Director of the Congressional Budget Office, and the 
        Comptroller General of the United States a report that 
        includes--
                    (A) a discussion of the cost, schedule, and 
                performance of all currently planned efforts to 
                modernize and keep viable the existing B-1, B-2, and B-
                52 bomber fleets and a discussion of the forecasted 
                service-life and all sustainment challenges that the 
                Secretary of the Air Force may confront in keeping 
                those platforms viable until the retirement of such 
                aircraft;
                    (B) a discussion, presented in a comparison and 
                contrast type format, of the scope of the 2007 Next-
                Generation Long Range Strike Analysis of Alternatives 
                guidance and subsequent Analysis of Alternatives report 
                tasked by the Under Secretary of Defense for 
                Acquisition, Technology, and Logistics in the September 
                11, 2006, Acquisition Decision Memorandum, as compared 
                to the scope and directed guidance of the year 2010 
                Long Range Strike Study effort currently being 
                conducted by the Under Secretary of Defense for Policy 
                and the Office of the Secretary of Defense's Cost 
                Assessment and Program Evaluation Office;
                    (C) a discussion of an objectivity and sufficiency 
                review of the final report issued subsequent to the 
                2010 Long Range Strike study effort currently being 
                conducted by the Under Secretary of Defense for Policy 
                and the Office of the Secretary of Defense's Cost 
                Assessment and Program Evaluation Office;
                    (D) a discussion of the progress of efforts to 
                field a next generation long-range strike platform, 
                including a review of--
                            (i) the next generation long-range strike 
                        requirements development and validation;
                            (ii) the threshold and objective key 
                        performance parameters;
                            (iii) the acquisition strategy, the 
                        acquisition oversight strategy, projected life-
                        cycle costs, the cost-risk analysis, the 
                        technology readiness levels of planned 
                        capabilities; and
                            (iv) the development, testing, production 
                        and fielding timelines;
                    (E) a discussion of the costs, development, 
                testing, fielding and operational employment 
                challenges, capability gaps, limitations and shortfalls 
                of the Secretary of Defense's plan to field a long-
                range, penetrating, survivable, persistent and enduring 
                ``family of systems'' as compared to the development, 
                testing, fielding and operational employment of a 
                singular platform that encompasses all the required 
                aforementioned characteristics; and
                    (F) a discussion of the planning efforts for 
                developing and fielding a transformational long-range 
                strike capability in the 2035 timeframe.
            (2) Preparation of report.--The report under paragraph (1) 
        shall be prepared by the Institute for Defense Analyses and 
        submitted to the Secretary of the Air Force for submittal by 
        the Secretary in accordance with that paragraph.
    (b) Cost Analysis and Program Evaluation Report.--The Director of 
the Cost Analysis and Program Evaluation of the Office of the Secretary 
of Defense shall submit to the congressional defense committees, the 
Director of the Congressional Budget Office, and the Comptroller 
General of the United States a report that includes--
            (1) the assumptions and estimated life-cycle costs of the 
        Department's long-range, penetrating, survivable, persistent, 
        and enduring ``family of systems'' platforms; and
            (2) the assumptions and estimated life-cycle costs of the 
        Next Generation Platform program, as planned and approved by 
        the Secretary of Defense, prior to the cancellation of the 
        program on April 6, 2009.
    (c) CBO Report.--Not later than 360 days after the date of the 
enactment of this Act, the Congressional Budget Office shall submit to 
the congressional defense committees and to the Comptroller General of 
the United States a report that includes--
            (1) a life-cycle-cost analysis of the costs of modernizing 
        and sustaining the current fleet of B-1, B-2 and B-52 bombers 
        to meet future long-range strike requirements compared to the 
        costs of development, testing, fielding, and operational 
        employment of a singular Next Generation Bomber platform to 
        replace the existing fleet of B-1, B-2 and B-52 platforms;
            (2) a life-cycle-cost analysis of the costs of the 
        Secretary of Defense's plan to field a long-range, penetrating, 
        survivable, persistent, and enduring ``family of systems'' 
        compared to the costs of developing, testing, fielding and 
        operational employment of a singular Next Generation Bomber 
        platform;
            (3) a life-cycle-cost analysis of the costs the Secretary 
        of Defense's plan to field a long-range, penetrating, 
        survivable, persistent and enduring ``family of systems'' 
        compared to the costs of modernizing and sustaining the current 
        fleet of B-1, B-2 and B-52 bombers to meet future long-range 
        strike requirements; and
            (4) the results of an objectivity and sufficiency review of 
        the cost analysis described in subsection (b)(1).
    (d) Access to Programmatic Information.--
            (1) In general.--The Secretary of Defense and the Secretary 
        of the Air Force shall provide prompt access to programmatic 
        information requested by agency personnel for the purpose of 
        producing a report required under this section, including any 
        and all classified information pertaining to the Department's 
        ``family of systems'' programs.
            (2) Prompt access defined.--For purposes of paragraph (1), 
        the term ``prompt access'' means access provided not later than 
        15 business days after receiving a request.

                       Subtitle F--Other Matters

SEC. 1051. NATIONAL DEFENSE PANEL.

    Subsection (f) of section 118 of title 10, United States Code, is 
amended to read as follows:
    ``(f) National Defense Panel.--
            ``(1) Establishment.--Not later than February 1 of a year 
        in which a quadrennial defense review is conducted under this 
        section, there shall be established a bipartisan, independent 
        panel to be known as the National Defense Panel (in this 
        section referred to as the `Panel'). The Panel shall have the 
        duties set forth in this subsection.
            ``(2) Membership.--The Panel shall be composed of ten 
        members who are recognized experts in matters relating to the 
        national security of the United States. Eight of the members 
        shall be appointed as follows:
                    ``(A) Two by the chairman of the Committee on Armed 
                Services of the House of Representatives.
                    ``(B) Two by the chairman of the Committee on Armed 
                Services of the Senate.
                    ``(C) Two by the ranking member of the Committee on 
                Armed Services of the House of Representatives.
                    ``(D) Two by the ranking member of the Committee on 
                Armed Services of the Senate.
            ``(3) Co-chairs of the panel.--In addition to the members 
        appointed under paragraph (2), the Secretary of Defense shall 
        appoint two members, one from each of the major political 
        parties, to serve as co-chairs of the panel.
            ``(4) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the Panel. Any vacancy in the Panel 
        shall be filled in the same manner as the original appointment.
            ``(5) Duties.--The Panel shall have the following duties 
        with respect to a quadrennial defense review:
                    ``(A) Not later than March 1 of a year in which the 
                review is conducted, the Panel shall submit to the 
                Secretary of Defense a report that sets the parameters 
                and provide guidance to the Secretary on the conduct of 
                the review. The report of the Panel under this 
                subparagraph shall, at a minimum, include such guidance 
                as is necessary to ensure that the review is conducted 
                in a manner that provides for adequately addressing all 
                elements listed in subsection (d).
                    ``(B) While the review is being conducted, the 
                Panel shall review the updates from the Secretary of 
                Defense required under paragraph (8) on the conduct of 
                the review.
                    ``(C) The Panel shall--
                            ``(i) review the Secretary of Defense's 
                        terms of reference and any other materials 
                        providing the basis for, or substantial inputs 
                        to, the work of the Department of Defense on 
                        the quadrennial defense review;
                            ``(ii) conduct an assessment of the 
                        assumptions, strategy, findings, and risks of 
                        the report on the quadrennial defense review 
                        required in subsection (d), with particular 
                        attention paid to the risks described in that 
                        report;
                            ``(iii) conduct an independent assessment 
                        of a variety of possible force structures of 
                        the armed forces, including the force structure 
                        identified in the report on the quadrennial 
                        defense review required in subsection (d);
                            ``(iv) review the resource requirements 
                        identified pursuant to subsection (b)(3) and, 
                        to the extent practicable, make a general 
                        comparison to the resource requirements to 
                        support the forces contemplated under the force 
                        structures assessed under subparagraph (C); and
                            ``(v) provide to Congress and the Secretary 
                        of Defense, through the report under paragraph 
                        (7), any recommendations it considers 
                        appropriate for their consideration.
            ``(6) First meeting.--If the Secretary of Defense has not 
        made the Secretary's appointments to the Panel under paragraph 
        (3) by February 1 of a year in which a quadrennial defense 
        review is conducted under this section, the Panel shall convene 
        for its first meeting with the remaining members.
            ``(7) Report.--Not later than 3 months after the date on 
        which the report on a quadrennial defense review is submitted 
        under subsection (d) to the congressional committees named in 
        that subsection, the Panel established under paragraph (1) 
        shall submit to those committees an assessment of the 
        quadrennial defense review, including a description of the 
        items addressed under paragraph (5) with respect to that 
        quadrennial defense review.
            ``(8) Updates from secretary of defense.--The Secretary of 
        Defense shall periodically, but not less often than every 30 
        days, brief the Panel on the progress of the conduct of a 
        quadrennial defense review under subsection (a).
            ``(9) Administrative provisions.--
                    ``(A) The Panel may secure directly from the 
                Department of Defense and any of its components such 
                information as the Panel considers necessary to carry 
                out its duties under this subsection. The head of the 
                department or agency concerned shall ensure that 
                information requested by the Panel under this paragraph 
                is promptly provided.
                    ``(B) Upon the request of the co-chairs of the 
                Panel, the Secretary of Defense shall make available to 
                the Panel the services of any federally funded research 
                and development center that is covered by a sponsoring 
                agreement of the Department of Defense.
                    ``(C) The Panel shall have the authorities provided 
                in section 3161 of title 5, United States Code, and 
                shall be subject to the conditions set forth in such 
                section.
                    ``(D) Funds for activities of the Panel shall be 
                provided from amounts available to the Department of 
                Defense.
            ``(10) Termination.--The Panel for a quadrennial defense 
        review shall terminate 45 days after the date on which the 
        Panel submits its final report on the quadrennial defense 
        review under paragraph (7).''.

SEC. 1052. QUADRENNIAL DEFENSE REVIEW.

    (a) Sense of Congress.--It is the sense of Congress that the 
quadrennial defense review is a critical strategic document and should 
be based upon a process unconstrained by budgetary influences so that 
such influences do not determine or limit its outcome.
    (b) Relationship of Quadrennial Defense Review to Defense Budget.--
Paragraph (4) of section 118(b) of title 10, United States Code, is 
amended to read as follows:
            ``(4) to make recommendations that will not be influenced, 
        constrained, or informed by the budget submitted to Congress by 
        the President pursuant to section 1105 of title 31.''.

SEC. 1053. SALE OF SURPLUS MILITARY EQUIPMENT TO STATE AND LOCAL 
              HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCIES.

    (a) State and Local Agencies to Which Sales May Be Made.--Section 
2576 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``local law enforcement and 
                firefighting'' and inserting ``local law enforcement, 
                firefighting, homeland security, and emergency 
                management''; and
                    (B) by striking ``carrying out law enforcement and 
                firefighting activities'' and inserting ``carrying out 
                law enforcement, firefighting, homeland security, and 
                emergency management activities''; and
            (2) in subsection (b), by striking ``law enforcement or 
        firefighting'' both places it appears and inserting ``law 
        enforcement, firefighting, homeland security, or emergency 
        management''.
    (b) Types of Equipment That May Be Sold.--Subsection (a) of such 
section, as amended by subsection (a) of this section, is further 
amended by striking ``and protective body armor'' and inserting 
``personal protective equipment, and other appropriate equipment''.
    (c) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 2576. Surplus military equipment: sale to State and local law 
              enforcement, firefighting, homeland security, and 
              emergency management agencies''.
            (2) Table of sections.--The item relating to such section 
        in the table of sections at the beginning of chapter 153 of 
        such title is amended to read as follows:

``2576. Surplus military equipment: sale to State and local law 
                            enforcement, firefighting, homeland 
                            security, and emergency management 
                            agencies.''.

SEC. 1054. DEPARTMENT OF DEFENSE RAPID INNOVATION PROGRAM.

    (a) Program Established.--The Secretary of Defense shall establish 
a program to accelerate the fielding of innovative technologies 
developed using Department of Defense research funding and the 
commercialization of such technologies. Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall issue 
guidelines for the operation of the program, including--
            (1) criteria for an application for funding by a military 
        department, defense agency, or the unified combatant command 
        for special operations forces;
            (2) the purposes for which such a department, agency, or 
        command may apply for funds and appropriate requirements for 
        technology development or commercialization to be supported 
        using program funds;
            (3) the priorities, if any, to be provided to field or 
        commercialize technologies developed by certain types of 
        Department of Defense research funding; and
            (4) criteria for evaluation of an application for funding 
        by a department, agency, or command.
    (b) Applications for Funding.--
            (1) In general.--Under the program, the Secretary shall, 
        not less often than annually, solicit from the heads of the 
        military departments, the defense agencies, and the unified 
        combatant command for special operations forces applications 
        for funding to be used to enter into contracts, cooperative 
        agreements, or other transaction agreements entered into 
        pursuant to section 845 of the National Defense Authorization 
        Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1721; 
        10 U.S.C. 2371 note) with appropriate entities for the fielding 
        or commercialization of technologies.
            (2) Treatment pursuant to certain congressional rules.--
        Nothing in this section shall be interpreted to require any 
        official of the Department of Defense to provide funding under 
        this section to any earmark as defined pursuant to House Rule 
        XXI, clause 9, or any congressionally directed spending item as 
        defined pursuant to Senate Rule XLIV, paragraph 5.
    (c) Funding.--Subject to the availability of appropriations for 
such purpose, of the amounts authorized to be appropriated for 
research, development, test, and evaluation, defense-wide for each of 
fiscal years 2011 through 2015, not more than $500,000,000 may be used 
for any such fiscal year for the program established under subsection 
(a).
    (d) Transfer Authority.--The Secretary may transfer funds available 
for the program to the research, development, test, and evaluation 
accounts of a military department, defense agency, or the unified 
combatant command for special operations forces pursuant to an 
application, or any part of an application, that the Secretary 
determines would support the purposes of the program. The transfer 
authority provided in this subsection is in addition to any other 
transfer authority available to the Department of Defense.
    (e) Delegation of Management of Program.--The Secretary may 
delegate the management and operation of the program established under 
subsection (a) to the Assistant Secretary of Defense for Research and 
Engineering.
    (f) Report.--Not later than 60 days after the last day of a fiscal 
year during which the Secretary carries out a program under this 
section, the Secretary shall submit a report to the congressional 
defense committees providing a detailed description of the operation of 
the program during such fiscal year.
    (g) Termination.--The authority to carry out a program under this 
section shall terminate on September 30, 2015. Any amounts made 
available for the program that remain available for obligation on the 
date the program terminates may be transferred under subsection (d) 
during the 180-day period beginning on the date of the termination of 
the program.

SEC. 1055. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Title 5, United States Code.--Subsection (l)(2)(B) of section 
8344 of title 5, United States Code, as added by section 1122(a) of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2505), is amended by striking ``5201 et seq.'' and 
inserting ``5211 et seq.''.
    (b) Title 10, United States Code.--Title 10, United States Code, is 
amended as follows:
            (1) Section 127d(d)(1) is amended by striking ``Committee 
        on International Relations'' and inserting ``Committee on 
        Foreign Affairs''.
            (2) Section 132 is amended--
                    (A) by redesignating subsection (d), as added by 
                section 2831(a) of the National Defense Authorization 
                Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
                2669), as subsection (e); and
                    (B) in such subsection, by striking ``Guam 
                Executive Council'' and inserting ``Guam Oversight 
                Council''.
            (3)(A) Section 382 is amended by striking ``section 175 or 
        2332c'' in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and 
        inserting ``section 175, 229, or 2332a''.
            (B) The heading of such section is amended by striking 
        ``chemical or biological''.
            (C) The table of sections at the beginning of chapter 18 is 
        amended by striking the item relating to section 382 and 
        inserting the following new item:

``382. Emergency situations involving weapons of mass destruction.''.
            (4) Section 1175a(j)(3) is amended by striking ``title 10'' 
        and inserting ``this title''.
            (5) Section 1781b(d) is amended by striking ``March 1, 
        2008, and each year thereafter'' and inserting ``March 1 each 
        year''.
            (6) Section 1781c(h)(1) is amended by striking ``180 days 
        after the date of the enactment of the National Defense 
        Authorization Act for Fiscal Year 2010, and annually 
        thereafter'' and inserting ``April 30 each year''.
            (7) Section 2130a(b)(1) is amended by striking ``Training 
        Program'' both places it appears and inserting ``Training Corps 
        program''.
            (8) Section 2222(a) is amended by striking ``Effective 
        October 1, 2005, funds'' and inserting ``Funds''.
            (9) The table of sections at the beginning of subchapter I 
        of chapter 134, as amended by section 1031(a)(2) of the 
        National Defense Authorization Act for Fiscal Year 2010 (Public 
        Law 111-84; 123 Stat. 2448), is amended by transferring the 
        item relating to section 2241a from the end of the table of 
        sections to appear after the item relating to section 2241.
            (10) Section 2362(e)(1) is amended by striking ``IV'' and 
        inserting ``V''.
            (11) Section 2533a(d) is amended in paragraphs (1) and (4) 
        by striking ``(b)(1)(A), (b)(2), or (b)(3)'' and inserting 
        ``(b)(1)(A) or (b)(2)''.
            (12) Section 2642(a)(3) is amended by striking ``During the 
        five-year period beginning on the date of the enactment of the 
        National Defense Authorization Act for Fiscal Year 2010'' and 
        inserting ``During the period beginning on October 28, 2009, 
        and ending on October 28, 2014''.
            (13) Section 2667(e)(1)(A)(ii) is amended by striking 
        ``sections 2668 and 2669'' and inserting ``section 2668''.
            (14) Section 2684a(g)(1) is amended by striking ``March 1, 
        2007, and annually thereafter'' and inserting ``March 1 each 
        year''.
            (15) Section 2687a(a) is amended by striking ``31for'' and 
        inserting ``31 for''.
            (16) Section 2922d is amended by striking ``1 or more'' 
        each place it appears and inserting ``one or more''.
            (17) Section 10216 is amended by striking ``section 
        115(c)'' in subsections (b)(1), (c)(1), and (c)(2)(A) and 
        inserting ``section 115(d)''.
            (18) Section 10217(c)(1) is amended--
                    (A) by striking ``Effective October 1, 2007, the'' 
                and inserting ``The''; and
                    (B) by striking ``after the preceding sentence 
                takes effect''.
            (19) Section 12203(a) is amended by striking ``above'' in 
        the first sentence and inserting ``of''.
    (c) National Defense Authorization Act for Fiscal Year 2010.--
Effective as of October 28, 2009, and as if included therein as 
enacted, the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111-84) is amended as follows:
            (1) Section 325(d)(4) (123 Stat. 2254) is amended by 
        striking ``section 236'' and inserting ``section 235''.
            (2) Section 581(a)(1)(C) (123 Stat. 2326) is amended by 
        striking ``subsection (f)'' and inserting ``subsection (g), as 
        redesignated by section 582(b)(1)''.
            (3) Section 584(a) (123 Stat. 2330) is amended by striking 
        ``such Act'' and inserting ``the Uniformed and Overseas 
        Citizens Absentee Voting Act''.
            (4) Section 585(b)(1) (123 Stat. 2331) is amended by 
        striking subparagraphs (A) and (B), and inserting the following 
        new subparagraphs:
                    ``(A) in paragraph (2), by striking `section 
                102(4)' and inserting `section 102(a)(4)'; and
                    ``(B) by striking paragraph (4) and inserting the 
                following new paragraph:
            ```(4) prescribe a suggested design for absentee ballot 
        mailing envelopes;'; and''.
            (5) Section 589 (123 Stat. 2334; 42 U.S.C. 1973ff-7) is 
        amended--
                    (A) in subsection (a)(1)--
                            (i) by striking ``section 107(a)'' and 
                        inserting ``section 107(1)''; and
                            (ii) by striking ``1973ff et seq.'' and 
                        inserting ``1973ff-6(1)''; and
                    (B) in subsection (e)(1), by striking ``1977ff 
                note'' and inserting ``1973ff note''.
            (6) The undesignated section immediately following section 
        603 (123 Stat. 2350) is designated as section 604.
            (7) Section 714(c) (123 Stat. 2382; 10 U.S.C. 1071 note) is 
        amended--
                    (A) by striking ``feasability'' both places it 
                appears and inserting ``feasibility''; and
                    (B) by striking ``specialities'' both places it 
                appears and inserting ``specialties''.
            (8) Section 813(a)(3) is amended by inserting ``order'' 
        after ``task'' in the matter proposed to be struck.
            (9) Section 921(b)(2) (123 Stat. 2432) is amended by 
        inserting ``subchapter I of'' before ``chapter 21''.
            (10) Section 1014(c) (123 Stat. 2442) is amended by 
        striking ``in which the support'' and inserting ``in which 
        support''.
            (11) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 2353 note) 
        is amended by striking ``et 13 seq.'' and inserting ``et 
        seq.''.
            (12) Section 1055(f) (123 Stat. 2462) is amended by 
        striking ``Combating'' and inserting ``Combatting''.
            (13) Section 1063(d)(2) (123 Stat. 2470) is amended by 
        striking ``For purposes of this section, the'' and inserting 
        ``The''.
            (14) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 801 note) 
        is amended--
                    (A) by striking ``title 14'' and inserting ``title 
                XIV'';
                    (B) by striking ``title 10'' and inserting ``title 
                X''; and
                    (C) by striking ``the Military Commissions Act of 
                2006 (10 U.S.C. 948 et seq.; Public Law 109-366)'' and 
                inserting ``chapter 47A of title 10, United States 
                Code''.
            (15) Section 1111(b) (123 Stat. 2495; 10 U.S.C. 1580 note 
        prec.) is amended by striking ``the Secretary'' in the first 
        sentence and inserting ``the Secretary of Defense''.
            (16) Section 1113(g)(1) (123 Stat. 2502; 5 U.S.C. 9902 
        note) is amended by inserting ``United States Code,'' after 
        ``title 5,'' the first place it appears.
            (17) Section 1121 (123 Stat. 2505) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``Section 9902(h)'' and 
                        inserting ``Section 9902(g)''; and
                            (ii) by inserting ``as redesignated by 
                        section 1113(b)(1)(B),'' after ``Code,''; and
                    (B) in subsection (b), by striking ``section 
                9902(h)'' and inserting ``section 9902(g)''.
            (18) Section 1261 (123 Stat. 2553; 22 U.S.C. 6201 note) is 
        amended by inserting a space between the first short title and 
        ``or''.
            (19) Section 1306(b) (123 Stat. 2560) is amended by 
        striking ``fiscal year'' and inserting ``Fiscal Year''.
            (20) Subsection (b) of section 1803 (123 Stat. 2612) is 
        amended to read as follows:
    ``(b) Appellate Review Under Detainee Treatment Act of 2005.--
            ``(1) Department of defense, emergency supplemental 
        appropriations to address hurricanes in the gulf of mexico, and 
        pandemic influenza act, 2006.--Section 1005(e) of the Detainee 
        Treatment Act of 2005 (title X of Public Law 109-148; 10 U.S.C. 
        801 note) is amended by striking paragraph (3).
            ``(2) National defense authorization act for fiscal year 
        2006.--Section 1405(e) of the Detainee Treatment Act of 2005 
        (Public Law 109-163; 10 U.S.C. 801 note) is amended by striking 
        paragraph (3).''.
            (21) Section 1916(b)(1)(B) (123 Stat. 2624) is amended by 
        striking the comma after ``5941''.
            (22) Section 2804(d)(2) (123 Stat. 2662) is amended by 
        inserting ``subchapter III of'' before ``chapter 169''.
            (23) Section 2835(f)(1) (123 Stat. 2677) is amended by 
        striking ``publically-available'' and inserting ``publicly 
        available''.
            (24) Section 3503(b)(1) (123 Stat. 2719) is amended by 
        striking the extra quotation marks.
            (25) Section 3508(1) (123 Stat. 2721) is amended by 
        striking ``headline'' and inserting ``heading''.
    (d) Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009.--
            (1) Section 596(b)(1)(D) of the Duncan Hunter National 
        Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
        417; 10 U.S.C. 1071 note), as amended by section 594 of the 
        National Defense Authorization Act for Fiscal Year 2010 (Public 
        Law 111-84; 123 Stat. 2337), is amended by striking ``or flag'' 
        the second place it appears.
            (2) Section 1111(b) of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 
        U.S.C. 143 note), as amended by section 1109 of the National 
        Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
        84; 123 Stat. 2492), is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``secretary of a military department'' and 
                inserting ``Secretary of a military department'';
                    (B) in paragraph (1)--
                            (i) by striking ``the the requirements'' 
                        and inserting ``the requirements''; and
                            (ii) by striking ``this title'' and 
                        inserting ``such title''; and
                    (C) in paragraph (2), by striking ``any any of the 
                following'' and inserting ``any of the following''.
    (e) Weapon Systems Acquisition Reform Act of 2009.--Effective as of 
May 22, 2009, and as if included therein as enacted, the Weapon Systems 
Acquisition Reform Act of 2009 (Public Law 111-23) is amended as 
follows:
            (1) Section 205(a)(1)(B) (123 Stat. 1724) is amended in the 
        matter proposed to be inserted by striking ``paragraphs (1) and 
        (2)'' and inserting ``paragraphs (1), (2), and (3)''.
            (2) Section 205(c) (124 Stat. 1725) is amended by striking 
        ``2433a(c)(3)'' and inserting ``2433a(c)(1)(C)''.
    (f) Technical Correction Regarding SBIR Extension.--Section 9(m)(2) 
of the Small Business Act (15 U.S.C. 638(m)(2)), as added by section 
847(a) of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111-84; 123 Stat. 2420), is amended by striking ``is 
authorized'' and inserting ``are authorized''.
    (g) Technical Correction Regarding Performance Management and 
Workforce Incentives.--Section 9902(a)(2) of title 5, United States 
Code, as added by section 1113(d) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2499), is 
amended by striking ``chapters'' both places it appears and inserting 
``chapter''.
    (h) Technical Correction Regarding Small Shipyards and Maritime 
Communities Assistance Program.--Section 3506 of the National Defense 
Authorization Act for Fiscal Year 2006, as reinstated by the amendment 
made by section 1073(c)(14) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2475), is repealed.
    (i) Technical Correction Regarding DOT Maritime Heritage 
Property.--Section 6(a)(1)(C) of the National Maritime Heritage Act of 
1994 (16 U.S.C. 5405(a)(1)(C)), as amended by section 3509 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2721), is amended by striking ``the date of enactment 
of the Maritime Administration Authorization Act of 2010'' and 
inserting ``October 28, 2009''.
    (j) Technical Correction Regarding DOE National Security 
Programs.--The table of contents at the beginning of the National 
Nuclear Security Administration Act (title XXXII of Public Law 106-65; 
50 U.S.C. 2401 et seq.) is amended by striking the item relating to 
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.''.

SEC. 1056. BUDGETING FOR THE SUSTAINMENT AND MODERNIZATION OF NUCLEAR 
              DELIVERY SYSTEMS.

    Consistent with the plan contained in the report submitted to 
Congress under section 1251 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549), in the budget 
materials submitted to the President by the Secretary of Defense in 
connection with the submission to Congress, pursuant to section 1105 of 
title 31, United States Code, of the budget for fiscal year 2012, and 
each subsequent fiscal year, the Secretary shall ensure that a separate 
budget (including separate, dedicated line items and program elements) 
is included with respect to programs and platforms regarding the 
sustainment and modernization of nuclear delivery systems.

SEC. 1057. LIMITATION ON NUCLEAR FORCE REDUCTIONS.

    (a) Findings.--Congress finds the following:
            (1) As of September 30, 2009, the stockpile of nuclear 
        weapons of the United States has been reduced by 84 percent 
        from its maximum level in 1967 and by more than 75 percent from 
        its level when the Berlin Wall fell in November, 1989.
            (2) The number of non-strategic nuclear weapons of the 
        United States has declined by approximately 90 percent from 
        September 30, 1991, to September 30, 2009.
            (3) In 2002, the United States announced plans to reduce 
        its number of operationally deployed strategic nuclear warheads 
        to between 1,700 and 2,200 by December 31, 2012.
            (4) The United States plans to further reduce its stockpile 
        of deployed strategic nuclear warheads to 1,550 during the next 
        7 years.
            (5) The United States plans to further reduce its deployed 
        ballistic missiles and heavy bombers to 700 and its deployed 
        and non-deployed launchers and heavy bombers to 800 during the 
        next 7 years.
            (6) Beyond these plans for reductions, the Nuclear Posture 
        Review of April 2010 stated that, ``the President has directed 
        a review of potential future reductions in U.S. nuclear weapons 
        below New START levels. Several factors will influence the 
        magnitude and pace of such reductions.''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) any reductions in the nuclear forces of the United 
        States should be supported by a thorough assessment of the 
        strategic environment, threat, and policy and the technical and 
        operational implications of such reductions; and
            (2) specific criteria are necessary to guide future 
        decisions regarding further reductions in the nuclear forces of 
        the United States.
    (c) Limitation.--No action may be taken to implement the reduction 
of nuclear forces of the United States below the levels described in 
paragraphs (4) and (5) of subsection (a), unless--
            (1) the Secretary of Defense and the Administrator for 
        Nuclear Security jointly submit to the congressional defense 
        committees a report on such reduction, including--
                    (A) the justification for such reduction;
                    (B) an assessment of the strategic environment, 
                threat, and policy and the technical and operational 
                implications of such reduction;
                    (C) written certification by the Secretary of 
                Defense that--
                            (i) either--
                                    (I) the strategic environment or 
                                the assessment of the threat has 
                                changed to allow for such reduction; or
                                    (II) technical measures to provide 
                                a commensurate or better level of 
                                safety, security, and reliability as 
                                before such reduction have been 
                                implemented for the remaining nuclear 
                                forces of the United States;
                            (ii) such reduction preserves the nuclear 
                        deterrent capabilities of the ``nuclear triad'' 
                        (intercontinental ballistic missiles, ballistic 
                        missile submarines, and heavy bombers and dual-
                        capable aircraft);
                            (iii) such reduction does not require a 
                        change in targeting strategy from counterforce 
                        targeting to countervalue targeting;
                            (iv) the remaining nuclear forces of the 
                        United States provide a sufficient means of 
                        protection against unforeseen technical 
                        challenges and geopolitical events; and
                            (v) such reduction is compensated by other 
                        measures (such as nuclear modernization, 
                        conventional forces, and missile defense) that 
                        together provide a commensurate or better 
                        deterrence capability and level of credibility 
                        as before such reduction; and
                    (D) written certification by the Administrator for 
                Nuclear Security that--
                            (i) technical measures to provide a 
                        commensurate or better level of safety, 
                        security, and reliability as before such 
                        reduction have been implemented for the 
                        remaining nuclear forces of the United States;
                            (ii) the remaining nuclear forces of the 
                        United States provide a sufficient means of 
                        protection against unforeseen technical 
                        challenges and geopolitical events; and
                            (iii) measures to modernize the nuclear 
                        weapons complex have been implemented to 
                        provide a sufficiently responsive 
                        infrastructure to support the remaining nuclear 
                        forces of the United States; and
            (2) a period of 180 days has elapsed after the date on 
        which the report under paragraph (1) is submitted.
    (d) Definition.--In this section, the term ``nuclear forces of the 
United States'' includes--
            (1) both active and inactive nuclear warheads in the 
        nuclear weapons stockpile; and
            (2) deployed and non-deployed delivery vehicles.

SEC. 1058. SENSE OF CONGRESS ON THE NUCLEAR POSTURE REVIEW.

    It is the sense of Congress that the Nuclear Posture Review, 
released in April 2010 by the Secretary of Defense, weakens the 
national security of the United States by eliminating options to defend 
against a catastrophic nuclear, biological, chemical, or conventional 
attack against the United States.

SEC. 1059. STRATEGIC ASSESSMENT OF STRATEGIC CHALLENGES POSED BY 
              POTENTIAL COMPETITORS.

    The Secretary of Defense shall, in consultation with the Joint 
Chiefs of Staff and the commanders of the regional combatant commands, 
submit to the congressional defense committees, not later than March 
15, 2011, a comprehensive strategic assessment of the current and 
future strategic challenges posed to the United States by potential 
competitors out through 2021, with particular attention paid to those 
challenges posed by the military modernization of the People's Republic 
of China, Iran, North Korea, and Russia.

SEC. 1060. ELECTRONIC ACCESS TO CERTAIN CLASSIFIED INFORMATION.

    The Secretary of Defense shall provide to each committee of 
Congress an electronic communications link to classified information in 
the possession of the Department of Defense pertaining to a subject 
matter that is in the jurisdiction of such committee under the Rules of 
the House of Representatives or the Standing Rules of the Senate. Such 
electronic communications link shall be capable of supporting 
appropriate classified communications between the Department of Defense 
and each committee of Congress authorized to carry out such 
communications.

SEC. 1061. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.

    (a) Findings.--Congress makes the following findings:
            (1) The National Defense Authorization Act for Fiscal Year 
        2008 (Public Law 110-181) expressed the sense of Congress (in 
        section 1083(d)(4)) that the Secretary of State ``should work 
        with the Government of Iraq on a state-to-state basis to ensure 
        compensation for any meritorious claims based on terrorist acts 
        committed by the Saddam Hussein regime against individuals who 
        were United States nationals or members of the United States 
        Armed Forces at the time of those terrorist acts and whose 
        claims cannot be addressed in courts in the United States due 
        to the exercise of the waiver authority'' provided to the 
        President under section 1083(d) of that Act.
            (2) The House of Representatives in the 110th Congress 
        unanimously adopted H.R. 5167, the Justice for Victims of 
        Torture and Terrorism Act, which set forth an appropriate 
        compromise of the claims described in paragraph (1).
            (3) The National Defense Authorization Act for Fiscal Year 
        2010 (in section 1079) further expressed the sense of Congress 
        that these claims of American victims of torture and hostage 
        taking by Iraq ``should be resolved by a prompt and fair 
        settlement negotiated between the Government of Iraq and the 
        Government of the United States, taking note of the provisions 
        of H.R. 5167 of the 110th Congress, which was adopted by the 
        United States House of Representatives''.
            (4) Pursuant to these congressional actions, the Secretary 
        of State has diligently pursued these negotiations with the 
        Government of Iraq. To date, however, more than 3 years after 
        the enactment of the National Defense Authorization Act for 
        Fiscal Year 2008, and nearly a year after the enactment of the 
        National Defense Authorization Act for Fiscal Year 2010, there 
        has been no resolution of these claims of injured Americans, 
        despite the resolution by Iraq of claims of foreign 
        corporations against the Saddam Hussein regime.
    (b) Sense of Congress.--It is the sense of Congress that the claims 
of American victims of torture and hostage taking by the Government of 
Iraq during the regime of Saddam Hussein that are subject to 
Presidential Determination Number 2008-9 of January 28, 2008, which 
waived application of section 1083 of the National Defense 
Authorization Act for Fiscal Year 2008, should be resolved by a prompt 
and fair settlement negotiated between the Government of Iraq and the 
Government of the United States.

SEC. 1062. POLICY REGARDING APPROPRIATE USE OF DEPARTMENT OF DEFENSE 
              RESOURCES.

    (a) Policy.--
            (1) In general.--Chapter 2 of Title 10, United States Code, 
        is amended by inserting after section 113a the following new 
        section:
``Sec. 113b. Use of Department of Defense resources
    ``(a) Policy.--The Secretary of Defense shall ensure that all 
resources of the Department of Defense are used only for activities 
that--
            ``(1) fulfill a legitimate Government purpose;
            ``(2) comply with all applicable laws, regulations, and 
        policies of the Department of Defense; and
            ``(3) contribute to the mission of the Department of 
        Defense.
    ``(b) Guidance.--The Secretary shall prescribe such guidance as is 
necessary to ensure compliance with the policy required under 
subsection (a) and to address any violations of the policy, including, 
as appropriate, any applicable legal remedies.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 113a the following new item:

``113b. Use of Department of Defense resources.''.
    (b) Prohibition on Use of Funds.--None of the funds authorized to 
be appropriated in this Act or otherwise available to the Department of 
Defense may be used--
            (1) for any activity that does not comply with the policy 
        established under section 113b of title 10, United States Code, 
        as added by subsection (a), including any improper activity 
        involving--
                    (A) transportation or travel (including use of 
                Government vehicles); or
                    (B) Department of Defense information technology 
                resources; or
            (2) to pay the salary of any employee who engages in an 
        intentional violation of the policy established under such 
        section.

SEC. 1063. EXECUTIVE AGENT FOR PREVENTING THE INTRODUCTION OF 
              COUNTERFEIT MICROELECTRONICS INTO THE DEFENSE SUPPLY 
              CHAIN.

    (a) Executive Agent.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall designate a 
senior official of the Department of Defense to serve as the executive 
agent for preventing the introduction of counterfeit microelectronics 
into the defense supply chain.
    (b) Roles, Responsibilities, and Authorities.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        prescribe the roles, responsibilities, and authorities of the 
        executive agent designated under subsection (a).
            (2) Specification.--The roles and responsibilities of the 
        executive agent designated under subsection (a) shall include 
        the following:
                    (A) Development and maintenance of a strategy and 
                implementation plan that ensures that the Department of 
                Defense has the ability to identify, mitigate, prevent, 
                and eliminate counterfeit microelectronics from the 
                defense supply chain.
                    (B) Development of recommendations for funding 
                strategies necessary to meet the requirements of the 
                strategy and implementation plan developed under 
                subparagraph (A).
                    (C) Assessments of trends in counterfeit 
                microelectronics, including--
                            (i) an analysis of recent incidents of 
                        discovery of counterfeit microelectronics in 
                        the defense supply chain, including incidents 
                        involving material and service providers;
                            (ii) a projection of future trends in 
                        counterfeit microelectronics;
                            (iii) the sufficiency of reporting 
                        mechanisms and metrics within the Department of 
                        Defense and each component of the Department of 
                        Defense;
                            (iv) the economic impact of identifying and 
                        remediating counterfeit microelectronics in the 
                        defense supply chain; and
                            (v) the impact of counterfeit 
                        microelectronics in the defense supply chain on 
                        defense readiness.
                    (D) Coordination of planning and activities with 
                interagency and international partners.
                    (E) Development and participation in public-private 
                partnerships to prevent the introduction of counterfeit 
                microelectronics into the supply chain.
                    (F) Such other roles and responsibilities as the 
                Secretary of Defense considers appropriate.
    (c) Support Within Department of Defense.--The Secretary of Defense 
shall ensure that each component of the Department of Defense provides 
the executive agent designated under subsection (a) with the 
appropriate support and resources needed to perform the roles, 
responsibilities, and authorities of the executive agent.
    (d) Required Actions.--The Secretary of Defense shall submit to the 
congressional defense committees--
            (1) not later than 180 days after the date of the enactment 
        of this Act, a description of the roles, responsibilities, and 
        authorities of the executive agent prescribed in accordance 
        with subsection (b)(1);
            (2) not later than 1 year after the date of the enactment 
        of this Act, a strategy for how the Department of Defense will 
        identify, mitigate, prevent, and eliminate counterfeit 
        microelectronics within the defense supply chain; and
            (3) not later than 18 months after the date of the 
        enactment of this Act, an implementation plan for how the 
        Department of Defense will execute the strategy submitted in 
        accordance with paragraph (2).
    (e) Definitions.--In this section:
            (1) Counterfeit microelectronic.--The term ``counterfeit 
        microelectronic'' means any type of integrated circuit or other 
        microelectronic component that consists of--
                    (A) a substitute or unauthorized copy of a valid 
                product from an original manufacturer;
                    (B) a product in which the materials used or the 
                performance of the product has been changed without 
                notice by a person other than the original manufacturer 
                of the product; or
                    (C) a substandard component misrepresented by the 
                supplier of such component.
            (2) Executive agent.--The term ``executive agent'' has the 
        meaning given the term ``DoD Executive Agent'' in Department of 
        Defense Directive 5101.1, or any successor directive relating 
        to the responsibilities of an executive agent of the Department 
        of Defense.

SEC. 1064. SHARED INFORMATION REGARDING TRAINING EXERCISES.

    The Secretary of Defense, acting through Joint Task Force North, 
may share with the Department of Homeland Security and the Department 
of Justice any data gathered during 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.

    (a) Findings.--Congress finds that--
            (1) suicide is a growing problem in the Armed Forces that 
        cannot be ignored;
            (2) a record number of military suicides was reported in 
        2008, with 128 active-duty Army and 48 Marine deaths reported;
            (3) the number of military suicides during 2009 is expected 
        to equal or exceed the 2008 total;
            (4) long-standing policy prevents President Obama from 
        sending a condolence letter to the family of a member of the 
        Armed Forces who has died by suicide;
            (5) members of the Armed Forces sacrifice their physical, 
        mental, and emotional well-being for the freedoms Americans 
        hold dear;
            (6) the military family also bears the cost of defending 
        the United States, with military spouses and children 
        sacrificing much and standing ready to provide unending support 
        to their spouse or parent who is a member of the Armed Forces;
            (7) the loss of a member of the Armed Forces to suicide 
        directly and tragically affects military spouses and children, 
        as well as the United States;
            (8) much more needs to be done to protect and address the 
        mental health needs of members of the Armed Forces, just as 
        they serve to protect and defend the freedoms of the United 
        States;
            (9) a presidential letter of condolence is not only about 
        the deceased because it also serves as a sign of respect for 
        the grieving family and an acknowledgment of the family for 
        their personal loss; and
            (10) a lack of acknowledgment and condolence from the 
        President only leaves these families with an emotional vacuum 
        and a feeling that somehow their sacrifices have been less than 
        the sacrifices of others.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the current policy that prohibits sending a 
        presidential letter of condolence to the family of a member of 
        the Armed Forces who has died by suicide only serves to 
        perpetuate the stigma of mental illness that pervades the Armed 
        Forces; and
            (2) the President, as Commander-in-Chief, should overturn 
        the policy and treat all military families equally.

SEC. 1066. FINDINGS AND SENSE OF CONGRESS ON OBESITY AND FEDERAL CHILD 
              NUTRITION PROGRAMS.

    (a) Findings.--Congress find the following:
            (1) According to the April 2010 report, ``Too Fat to 
        Fight'', more than 100 retired generals and admirals wrote 
        that, ``[o]besity among children and young adults have 
        increased so dramatically that they threaten not only the 
        overall health of America but the future strength of our 
        military.''.
            (2) Twenty-seven percent, over 9,000,000, 17-24-year-olds 
        in the United States are too fat to serve in the military.
            (3) Between 1995 and 2008, the military had 140,000 
        individuals who showed up at the centers for processing but 
        failed their entrance physicals because they were too heavy.
            (4) Being overweight is now the leading medical reason for 
        rejection from military service.
            (5) Between 1995 and 2008, the proportion of potential 
        recruits who failed their physicals each year because they were 
        overweight rose nearly 70 percent.
            (6) The military annually discharges over 1,200 first-term 
        enlistees before their contracts are up because of weight 
        problems.
            (7) The military must then recruit and train their 
        replacements at a cost of $50,000 for each man or woman.
            (8) Training replacements for those discharged because of 
        weight problems adds up to more than $60,000,000 annually.
            (9) Overweight adolescents are more likely to become 
        overweight adults.
            (10) Overweight adolescents and overweight adults are at 
        risk of developing obesity-related, life-threatening diseases 
        including cancer, type 2 diabetes, stroke, heart disease, 
        arthritis, and breathing problems.
            (11) According to the American Public Health Association, 
        ``left unchecked, obesity will add nearly $344 billion to the 
        nations annual health care costs by 2018 and account for more 
        than 21 percent of health care spending''.
            (12) Overweight and undernourished adolescents face 
        academic challenges due to poor health behaviors, resulting in 
        even greater risk to their future health and earing and the 
        Nation's economic growth and worldwide competition.
            (13) For decades military leaders have championed efforts 
        to improve the nutrition of young people in America.
            (14) During World War II, 40 percent of rejected recruits 
        were turned away because of poor or under nutrition.
            (15) The preamble to the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1751) states ``It is hereby declared to be 
        the policy of Congress, as a measure of national security, to 
        safeguard the health and well-being of the Nation's children 
        and to encourage the domestic consumption of nutritious 
        agricultural commodities and other food, by assisting the 
        States, through grants in aid and other means, in providing an 
        adequate supply of food and other facilities for the 
        establishment, maintenance, operation and expansion of 
        nonprofit school lunch programs''.
            (16) Over 17 million children were food insecure, or 
        hungry, in 2008, according to data collected by the Department 
        of Agriculture.
            (17) The Federal Child Nutrition Programs under the Richard 
        B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
        and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
        are proven to be effective in combating both hunger and 
        obesity.
            (18) President Obama has called for a historic investment 
        in the Federal Child Nutrition Programs in order to respond to 
        2 of the greatest child health challenges of our time, hunger 
        and poor nutrition.
            (19) Two hundred twenty-one Members of Congress signed a 
        letter to Speaker Pelosi in support of President Obama's budget 
        request for the Federal Child Nutrition Programs.
            (20) This same letter requested identification of possible 
        offsets for the new investments in these important anti-hunger 
        and nutrition programs.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) reducing domestic childhood obesity and hunger is a 
        matter of national security;
            (2) obesity and hunger will continue to negatively impact 
        recruitment for Armed Forces without access to physical 
        activity, healthy food, and proper nutrition;
            (3) Congress should act to reduce childhood obesity and 
        hunger;
            (4) the Federal Child Nutrition Programs under the Richard 
        B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
        and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
        should be funded at the President's request; and
            (5) the increases in funding for such programs should be 
        properly offset.

SEC. 1067. SENSE OF CONGRESS REGARDING RECREATIONAL HUNTING AND FISHING 
              ON MILITARY INSTALLATIONS.

    It is the sense of the Congress that--
            (1) military installations that permit public access for 
        recreational hunting and fishing should continue to permit such 
        hunting and fishing where appropriate;
            (2) permitting the public to access military installations 
        for recreational hunting and fishing benefits local communities 
        by conserving and promoting the outdoors and establishing 
        positive relations between the civilian and defense sectors;
            (3) any military installations that make recreational 
        hunting and fishing permits available for purchase should 
        provide a discounted rate for active and retired members of the 
        Armed Forces and veterans with disabilities; and
            (4) the Department of Defense, all of the service branches, 
        and military installations that permit public access for 
        recreational hunting and fishing should promote access to such 
        installations by making the appropriate accommodations for 
        members of the Armed Forces and veterans with disabilities.

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.

    (a) Findings.--Congress finds the following:
            (1) On January 12, 2010, the nation of Haiti was hit by a 
        magnitude 7.0 earthquake, adversely affecting nearly 3,000,000 
        people.
            (2) The United States has provided millions of dollars in 
        humanitarian assistance to meet immediate needs on the ground 
        and plans to give more over the next year.
            (3) The Armed Forces have diligently worked to aid the 
        people of Haiti during their time of need, providing 
        humanitarian aid and logistical support.
            (4) The Armed Forces, civilians, and charitable groups have 
        led the charge in an effort to maintain civility and bring some 
        small semblance of hope to the devastated nation.
            (5) Members of the Armed Forces serve as the premier 
        ambassadors of liberty, freedom, and goodwill when tasked with 
        a humanitarian mission.
            (6) The generosity of the people of the United States is 
        known the world over and the United States flag is universally 
        recognized as a symbol of that generosity.
            (7) The United States has provided more aid to the nation 
        of Haiti than all other nations combined.
    (b) Sense of Congress.--The Congress--
            (1) commends the Armed Forces for their commitment to 
        completing their humanitarian mission in Haiti; and
            (2) encourages the President to order the United States 
        flag to be flown over all military and civilian outposts in 
        Haiti under United States jurisdiction.

SEC. 1069. STUDY ON OPTIMAL BALANCE OF MANNED AND UNMANNED AERIAL 
              VEHICLE CAPABILITY.

    (a) Study.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        commission a study by an independent, non-profit organization 
        on the optimal balance between manned and unmanned aerial 
        vehicle forces of the Armed Forces.
            (2) Selection.--The independent, non-profit organization 
        selected for the study under paragraph (1) shall be qualified 
        on the basis of having performed work in the fields of national 
        security and combat systems.
    (b) Matters Included.--The study under subsection (a) shall include 
the following:
            (1) With respect to each military department (but in 
        particular the Air Force), an assessment of the feasibility and 
        desirability of a more rapid transition from manned to unmanned 
        vehicles for a range of operations, including combat 
        operations.
            (2) An evaluation of the current ability of each military 
        department to resist attacks mounted by foreign militaries with 
        significant investments in research and development and 
        deployment of unmanned combat drones, including an assessment 
        of each military department's ability to defend against--
                    (A) a large enemy force of unmanned aerial 
                vehicles; and
                    (B) any other relevant unmanned scenario the 
                Secretary determines appropriate.
            (3) An analysis of--
                    (A) current and future capabilities of foreign 
                militaries in developing and deploying unmanned 
                systems; and
                    (B) vulnerabilities to drone systems revealed in 
                past war games and other strategy materials.
            (4) Conclusions on the matters described in paragraphs (1) 
        through (3) and what the independent, non-profit organization 
        conducting the study determines is the optimal balance of 
        investment in development and deployment of manned versus 
        unmanned platforms.
    (c) Report.--Not later than December 1, 2011, the Secretary of 
Defense shall submit to the congressional defense committees, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that includes the study 
under subsection (a).
    (d) Form.--
            (1) Study.--The study under subsection (a) shall include a 
        classified annex with respect to the matters described in 
        subsection (b)(3).
            (2) Report.--The report under subsection (c) may include a 
        classified annex.

                  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.

    (a) Authority.--The Secretary of Defense may implement within one 
or more of the component organizations of the Department of Defense an 
alternate program for processing equal employment opportunity 
complaints.
            (1) Complaints processed under the alternate program shall 
        be subject to the procedural requirements established for the 
        alternate program and shall not be subject to the procedural 
        requirements of part 1614 of title 29 of the Code of Federal 
        Regulations or other regulations, directives, or regulatory 
        restrictions prescribed by the Equal Employment Opportunity 
        Commission.
            (2) The alternate program shall include procedures to 
        reduce processing time and eliminate redundancy with respect to 
        processes for the resolution of equal employment opportunity 
        complaints, reinforce local management and chain-of-command 
        accountability, and provide the parties involved with early 
        opportunity for resolution.
            (3) The Secretary may carry out the alternate program 
        during a 5-year period beginning on the date of the enactment 
        of this Act. Not later than 180 days before the expiration of 
        such period, the Secretary shall submit to the Committees on 
        Armed Services of the House of Representatives and the Senate, 
        a recommendation regarding whether the program should be 
        extended for an additional period.
            (4)(A) Participation in the alternate program shall be 
        voluntary on the part of the complainant. Complainants who 
        participate in the alternate program shall retain the right to 
        appeal a final agency decision to the Equal Employment 
        Opportunity Commission and to file suit in district court. The 
        Equal Employment Opportunity Commission shall not reverse a 
        final agency decision on the grounds that the agency did not 
        comply with the regulatory requirements promulgated by the 
        Commission.
            (B) Subparagraph (A) shall apply to all cases filed with 
        the Commission after the date of the enactment of this Act and 
        under the alternate program established under this subsection.
            (C) The Secretary shall consult with the Equal Employment 
        Commission in the development of the alternate program.
    (b) Evaluation Plan.--The Secretary of Defense shall develop an 
evaluation plan to accurately and reliably assess the results of each 
alternate program implemented under subsection (a), identifying the key 
features of the program, including--
            (1) well-defined, clear, and measurable objectives;
            (2) measures that are directly linked to the program 
        objectives;
            (3) criteria for determining the program performance;
            (4) a way to isolate the effects of the alternate program;
            (5) a data analysis plan for the evaluation design; and
            (6) a detailed plan to ensure that data collection, entry, 
        and storage are reliable and error-free.
    (c) Reports.--The Comptroller General shall submit to the Speaker 
of the House of Representatives and the President pro tempore of the 
Senate, two reports on the alternate program.
            (1) Contents of reports.--Each report shall contain the 
        following:
                    (A) A description of the processes tested by the 
                alternate program.
                    (B) The results of the testing of such processes.
                    (C) Recommendations for changes to the processes 
                for the resolution of equal employment opportunity 
                complaints as a result of the alternate program.
                    (D) A comparison of the processes used, and results 
                obtained, under the alternate program to traditional 
                and alternative dispute resolution processes used in 
                the Government or private industry.
            (2) Dates of submission.--The first of such reports shall 
        be submitted at the end of the 2-year period beginning on the 
        date of the enactment of this Act. The second of such reports 
        shall be submitted at the end of the 4-year period beginning on 
        the date of the enactment of this Act.

SEC. 1102. CLARIFICATION OF AUTHORITIES AT PERSONNEL DEMONSTRATION 
              LABORATORIES.

    (a) Clarification of Applicability of Direct Hire Authority.--
Section 1108 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4618; 10 U.S.C. 
1580 note) is amended--
            (1) in subsection (b), by striking ``identified'' and all 
        that follows and inserting ``designated by section 1105(a) of 
        the National Defense Authorization Act for Fiscal Year 2010 
        (Public Law 111-84; 123 Stat. 2486) as a Department of Defense 
        science and technology reinvention laboratory.''; and
            (2) in subsection (c), by striking ``2 percent'' and 
        inserting ``4 percent''.
    (b) Clarification of Applicability of Full Implementation 
Requirement.--Section 1107 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat 357; 10 U.S.C. 2358 
note) is amended--
            (1) in subsection (a), by striking ``that are exempted by'' 
        and all that follows and inserting ``designated by section 
        1105(a) of the National Defense Authorization Act for Fiscal 
        Year 2010 (Public Law 111-84; 123 Stat. 2486) as Department of 
        Defense science and technology reinvention laboratories.''; and
            (2) in subsection (c), by striking ``as enumerated in'' and 
        all that follows and inserting ``designated by section 1105(a) 
        of the National Defense Authorization Act for Fiscal Year 2010 
        (Public Law 111-84; 123 Stat 2486) as a Department of Defense 
        science and technology reinvention laboratory.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect as of October 28, 2009.

SEC. 1103. SPECIAL RULE RELATING TO CERTAIN OVERTIME PAY.

    (a) In General.--Section 5542(a) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(6)(A) Notwithstanding paragraphs (1) and (2), for an employee 
who is described in subparagraph (B), and whose rate of basic pay 
exceeds the minimum rate for GS-10, the overtime hourly rate of pay is 
an amount equal to one and one-half times the hourly rate of basic pay 
of the employee, and all that amount is premium pay.
    ``(B) This paragraph applies in the case of an employee of the 
Department of the Navy--
            ``(i) who is performing work aboard or in support of the 
        U.S.S. GEORGE WASHINGTON while that vessel is forward deployed 
        in Japan; and
            ``(ii) as to whom the application of this paragraph is 
        necessary (as determined under regulations prescribed by the 
        Secretary of the Navy)--
                    ``(I) in order to ensure equal treatment with 
                employees performing similar work in the United States;
                    ``(II) in order to secure the services of qualified 
                employees; or
                    ``(III) for such other reasons as may be set forth 
                in such regulations.''.
    (b) Reporting Requirement.--Within 1 year after date of enactment 
of this Act, the Secretary of the Navy shall submit to the Secretary of 
Defense and the Director of the Office of Personnel Management a report 
that addresses the use of paragraph (6) of section 5542(a) of title 5, 
United States Code, as added by subsection (a), including associated 
costs.

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.

    Effective January 1, 2011, section 1101(a) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 
110-417; 122 Stat. 4615), as amended by section 1106(a) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2487), is amended by striking ``calendar years 2009 and 2010'' 
and inserting ``calendar years 2011 and 2012''.

SEC. 1105. WAIVER OF CERTAIN PAY LIMITATIONS.

    Section 9903(d) of title 5, United States Code, is amended--
            (1) by amending paragraph (2) to read as follows:
    ``(2) An employee appointed under this section is not eligible for 
any bonus, monetary award, or other monetary incentive for service, 
except for--
            ``(A) payments authorized under this section; and
            ``(B) in the case of an employee who is assigned in support 
        of a contingency operation (as defined in section 101(a)(13) of 
        title 10), allowances and any other payments authorized under 
        chapter 59.''; and
            (2) in paragraph (3), by adding at the end the following: 
        ``In computing an employee's total annual compensation for 
        purposes of the preceding sentence, any payment referred to in 
        paragraph (2)(B) shall be excluded.''.

SEC. 1106. SERVICES OF POST-COMBAT CASE COORDINATORS.

    (a) In General.--Chapter 79 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 7906. Services of post-combat case coordinators
    ``(a) Definitions.--For purposes of this section--
            ``(1) the terms `employee', `agency', `injury', `war-risk 
        hazard', and `hostile force or individual' have the meanings 
        given those terms in section 8101; and
            ``(2) the term `qualified employee' means an employee as 
        described in subsection (b).
    ``(b) Requirement.--The head of each agency shall, in a manner 
consistent with the guidelines prescribed under subsection (c), provide 
for the assignment of a post-combat case coordinator in the case of any 
employee of such agency who suffers an injury or disability incurred, 
or an illness contracted, while in the performance of such employee's 
duties, as a result of a war-risk hazard or during or as a result of 
capture, detention, or other restraint by a hostile force or 
individual.
    ``(c) Guidelines.--The Office of Personnel Management shall, after 
such consultation as the Office considers appropriate, prescribe 
guidelines for the operation of this section. Under the guidelines, the 
responsibilities of a post-combat case coordinator shall include--
            ``(1) acting as the main point of contact for qualified 
        employees seeking administrative guidance or assistance 
        relating to benefits under chapter 81 or 89;
            ``(2) assisting qualified employees in the collection of 
        documentation or other supporting evidence for the expeditious 
        processing of claims under chapter 81 or 89;
            ``(3) assisting qualified employees in connection with the 
        receipt of prescribed medical care and the coordination of 
        benefits under chapter 81 or 89;
            ``(4) resolving problems relating to the receipt of 
        benefits under chapter 81 or 89; and
            ``(5) ensuring that qualified employees are properly 
        screened and receive appropriate treatment--
                    ``(A) for post-traumatic stress disorder or other 
                similar disorder stemming from combat trauma; or
                    ``(B) for suicidal or homicidal thoughts or 
                behaviors.
    ``(d) Duration.--The services of a post-combat case coordinator 
shall remain available to a qualified employee until--
            ``(1) such employee accepts or declines a reasonable offer 
        of employment in a position in the employee's agency for which 
        the employee is qualified, which is not lower than 2 grades (or 
        pay levels) below the employee's grade (or pay level) before 
        the occurrence or onset of the injury, disability, or illness 
        (as referred to in subsection (a)), and which is within the 
        employee's commuting area; or
            ``(2) such employee gives written notice, in such manner as 
        the employing agency prescribes, that those services are no 
        longer desired or necessary.''.
    (b) Clerical Amendment.--The table of sections for chapter 79 of 
title 5, United States Code, is amended by adding after the item 
relating to section 7905 the following:

``7906. Services of post-combat case coordinators.''.

SEC. 1107. AUTHORITY TO WAIVE MAXIMUM AGE LIMIT FOR CERTAIN 
              APPOINTMENTS.

    Section 3307(e) of title 5, United States Code, is amended--
            (1) by striking ``(e) The'' and inserting ``(e)(1) Except 
        as provided in paragraph (2), the''; and
            (2) by adding at the end the following:
    ``(2)(A) In the case of the conversion of an agency function from 
performance by a contractor to performance by an employee of the 
agency, the head of the agency may waive any maximum limit of age, 
determined or fixed for positions within such agency under paragraph 
(1), if necessary in order to promote the recruitment or appointment of 
experienced personnel.
    ``(B) For purposes of this paragraph--
            ``(i) the term `agency' means the Department of Defense or 
        a military department; and
            ``(ii) the term `head of the agency' means the Secretary of 
        Defense or the Secretary of a military department.''.

SEC. 1108. SENSE OF CONGRESS REGARDING WAIVER OF RECOVERY OF CERTAIN 
              PAYMENTS MADE UNDER CIVILIAN EMPLOYEES VOLUNTARY 
              SEPARATION INCENTIVE PROGRAM.

    (a) Congressional Finding.--Congress finds that employees and 
former employees of the Department of Defense described in subsection 
(c) provided a valuable service to such Department in response to the 
national emergency declared in the aftermath of the attacks of 
September 11, 2001.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) employees and former employees of the Department of 
        Defense described in subsection (c) deserve to retain or to be 
        repaid their voluntary separation incentive payment pursuant to 
        section 9902 of title 5, United States Code;
            (2) recovery of the amount of the payment referred to in 
        section 9902 of title 5, United States Code, would be against 
        equity and good conscience and contrary to the best interests 
        of the United States;
            (3) the Secretary of Defense should waive the requirement 
        under subsection (f)(6)(B) of section 9902 of title 5, United 
        States Code, for repayment to the Department of Defense of a 
        voluntary separation incentive payment made under subsection 
        (f)(1) of such section 9902 in the case of an employee or 
        former employee of the Department of Defense described in 
        subsection (c); and
            (4) a person who has repaid to the United States all or 
        part of the voluntary separation incentive payment for which 
        repayment is waived under this section may receive a refund of 
        the amount previously repaid to the United States.
    (c) Persons Covered.--Subsection (a) applies to any employee or 
former employee of the Department of Defense who--
            (1) during the period beginning on April 1, 2004, and 
        ending on May 1, 2008, received a voluntary separation 
        incentive payment under section 9902(f)(1) of title 5, United 
        States Code;
            (2) was reappointed to a position in the Department of 
        Defense during the period beginning on June 1, 2004, and ending 
        on May 1, 2008; and
            (3) received a written representation from an officer or 
        employee of the Department of Defense, before accepting the 
        reappointment referred to in paragraph (2), that recovery of 
        the amount of the payment referred to in paragraph (1) would 
        not be required or would be waived, and reasonably relied on 
        that representation in accepting reappointment.

SEC. 1109. SUSPENSION OF DCIPS PAY AUTHORITY EXTENDED FOR A YEAR.

    Section 1114(a) of the National Defense Authorization Act for 
Fiscal Year 2010 (10 U.S.C. 1601 note) is amended by striking 
``December 31, 2010'' and inserting ``December 31, 2011''.

SEC. 1110. FEDERAL INTERNSHIP PROGRAMS.

    (a) In General.--Subchapter I of chapter 31 of title 5, United 
States Code, is amended by inserting after section 3111 the following:
``Sec. 3111a. Federal internship programs
    ``(a) Internship Coordinator.--The head of each agency operating an 
internship program shall appoint an individual within such agency to 
serve as an internship coordinator.
    ``(b) Online Information.--
            ``(1) Agencies.--The head of each agency operating an 
        internship program shall make publicly available on the 
        Internet--
                    ``(A) the name and contact information of the 
                internship coordinator for such program; and
                    ``(B) information regarding application procedures 
                and deadlines for such internship program.
            ``(2) Office of personnel management.--The Office of 
        Personnel Management shall make publicly available on the 
        Internet links to the websites where the information described 
        in paragraph (1) is displayed.
    ``(c) Centralized Database.--The Office shall establish and 
maintain a centralized electronic database that contains the names, 
contact information, and relevant skills of individuals who have 
completed or are nearing completion of an internship program and are 
currently seeking full-time Federal employment.
    ``(d) Exit Interview Requirement.--The agency operating an 
internship program shall conduct an exit interview of each intern that 
completes such program.
    ``(e) Report.--
            ``(1) In general.--The head of each agency operating an 
        internship program shall annually submit to the Office a report 
        assessing such internship program.
            ``(2) Contents.--Each report required under paragraph (1) 
        for an agency shall include, for the 1-year period ending on 
        September 1 of the year in which the report is submitted--
                    ``(A) the number of interns that participated in an 
                internship program at such agency;
                    ``(B) information regarding the demographic 
                characteristics of interns at such agency, including 
                educational background;
                    ``(C) a description of the steps taken by such 
                agency to increase the percentage of interns who are 
                offered permanent Federal jobs and the percentage of 
                interns who accept the offers of such jobs, and any 
                barriers encountered;
                    ``(D) a description of activities engaged in by 
                such agency to recruit new interns, including locations 
                and methods;
                    ``(E) a description of the diversity of work roles 
                offered within internship programs at such agency;
                    ``(F) a description of the mentorship portion of 
                such internship programs; and
                    ``(G) a summary of exit interviews conducted by 
                such agency upon completion of an internship program by 
                an intern.
            ``(3) Submission.--Each report required under paragraph (1) 
        shall be submitted to the Office between September 1 and 
        September 30 of each year. Not later than December 30 of each 
        year, the Office shall submit to Congress a report summarizing 
        the information submitted to the Office in accordance with 
        paragraph (1) for such year.
    ``(f) Definitions.--For purposes of this section--
            ``(1) the term `internship program' means--
                    ``(A) a volunteer service program under section 
                3111(b); and
                    ``(B) the Student Educational Employment Program 
                established under section 213.3202 of title 5, Code of 
                Federal Regulations, as in effect on January 1, 2009;
            ``(2) the term `intern' means an individual serving in an 
        internship program.''.
    (b) Clerical Amendment.--The table of sections for chapter 31 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 3111 the following:

``3111a. 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.

    (a) In General.--Section 1208(a) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2086), as most recently amended by section 1202(a) of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2511), is further amended by striking ``$40,000,000'' 
and inserting ``$50,000,000''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2010.

SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES TO ENHANCED LOGISTICS 
              INTEROPERABILITY AUTHORITY.

    (a) Enhanced Interoperability Authority.--Subsection (a) of section 
127d of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Subject to'';
            (2) by inserting ``of the United States'' after ``armed 
        forces'';
            (3) by striking the second sentence; and
            (4) by adding at the end the following new paragraphs:
    ``(2) In addition to any logistic support, supplies, and services 
provided under paragraph (1), the Secretary may provide logistic 
support, supplies, and services to allied forces solely for the purpose 
of enhancing the interoperability of the logistical support systems of 
military forces participating in combined operations with the United 
States in order to facilitate such operations. Such logistic support, 
supplies, and services may also be provided under this paragraph to a 
nonmilitary logistics, security, or similar agency of an allied 
government if such provision would directly benefit the armed forces of 
the United States.
    ``(3) Provision of support, supplies, and services pursuant to 
paragraph (1) or (2) may be made only with the concurrence of the 
Secretary of State.''.
    (b) Conforming Amendments.--Such section is further amended--
            (1) in subsection (b), by striking ``subsection (a)'' in 
        paragraphs (1) and (2) and inserting ``subsection (a)(1)''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``Except as provided in 
                        paragraph (2), the'' and inserting ``The''; and
                            (ii) by striking ``this section'' and 
                        inserting ``subsection (a)(1)''; and
                    (B) in paragraph (2), by striking ``In addition'' 
                and all that follows through ``fiscal year,'' and 
                inserting ``The value of the logistic support, 
                supplies, and services provided under subsection (a)(2) 
                in any fiscal year may not''.

SEC. 1203. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO 
              PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

    (a) Annual Funding Limitation.--Subsection (c)(1) of section 1206 
of the National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109-163; 119 Stat. 3456), as amended by section 1206(b) of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4625), is further amended by striking 
``$350,000,000'' and inserting ``$500,000,000''.
    (b) Temporary Limitation on Amount for Building Capacity to 
Participate in or Support Military and Stability Operations.--
            (1) In general.--Subsection (c)(5) of such section is 
        amended--
                    (A) by striking ``and not more than'' and inserting 
                ``not more than''; and
                    (B) by inserting after ``fiscal year 2011'' the 
                following: ``, and not more than $100,000,000 may be 
                used during fiscal year 2012''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on October 1, 2010, and shall apply with 
        respect to programs under subsection (a) of such section that 
        begin on or after that date.
    (c) Temporary Authority to Build the Capacity of Yemen's Counter-
terrorism Forces.--Such section is further amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Temporary Authority to Build the Capacity of Yemen's Counter-
terrorism Forces.--
            ``(1) Authority of secretary of state.--
                    ``(A) In general.--Of the funds made available 
                under subsection (c) for the authority of subsection 
                (a) for fiscal year 2011, the Secretary of Defense 
                shall transfer to the Secretary of State $75,000,000 of 
                such funds for purposes of providing assistance under 
                section 23 of the Arms Export Control Act (22 U.S.C. 
                2763) to build the capacity of the counter-terrorism 
                forces of the Yemeni Ministry of Interior.
                    ``(B) Certification.--The Secretary of Defense may 
                transfer funds pursuant to subparagraph (A) only if, 
                not later than July 31, 2011, the Secretary of State 
                certifies to the Secretary of Defense and the 
                congressional committees specified in subsection (e)(3) 
                that the Secretary of State is able to effectively 
                carry out the purpose of subparagraph (A).
                    ``(C) Availability of funds.--Amounts available 
                under this paragraph for the authority of subparagraph 
                (A) for fiscal year 2011 may be used to conduct or 
                support a program or programs under that authority that 
                begin in fiscal year 2011 but end in fiscal year 2012.
            ``(2) Authority of secretary of defense.--If a 
        certification described in paragraph (1)(B) is not made by July 
        31, 2011, the Secretary of Defense may, with the concurrence of 
        the Secretary of State, use up to $75,000,000 of the funds made 
        available under subsection (c) for the authority of subsection 
        (a) for fiscal year 2011 to conduct or support a program or 
        programs under the authority of subsection (a) to build the 
        capacity of the counter-terrorism forces of the Yemeni Ministry 
        of Interior.
            ``(3) Congressional notification.--
                    ``(A) By secretary of state.--The Secretary of 
                State shall notify the congressional committees 
                specified in subsection (e)(3) whenever the Secretary 
                of State makes a certification under paragraph (1)(B) 
                for purposes of exercising the authority of paragraph 
                (1).
                    ``(B) By secretary of defense.--The Secretary of 
                Defense shall notify the congressional committees 
                specified in subsection (e)(3) whenever the Secretary 
                of Defense exercises the authority of paragraph (2) to 
                support or conduct a program or programs described in 
                paragraph (2).
                    ``(C) Contents.--A notification under subparagraph 
                (A) or (B) shall include a description of the program 
                or programs to be conducted or supported under the 
                authority of this subsection.''.
    (d) One-year Extension of Authority.--Subsection (h) of such 
section, as most recently amended by section 1206(c) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4625) and redesignated by subsection (c) of this 
section, is further amended by--
            (1) by striking ``September 30, 2011'' and inserting 
        ``September 30, 2012''; and
            (2) by striking ``fiscal years 2006 through 2011'' and 
        inserting ``fiscal years 2006 through 2012''.

SEC. 1204. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP FOR PEACE NATIONS TO 
              PARTICIPATE IN THE EURO-NATO JOINT JET PILOT TRAINING 
              PROGRAM.

    (a) Establishment of Scholarship Program.--The Secretary of the Air 
Force shall establish and maintain a demonstration scholarship program 
to allow personnel of the air forces of countries that are signatories 
of the Partnership for Peace Framework Document to receive 
undergraduate pilot training and necessary related training through the 
Euro-NATO Joint Jet Pilot Training (ENJJPT) program. The Secretary of 
the Air Force shall establish the program pursuant to regulations 
prescribed by the Secretary of Defense in consultation with the 
Secretary of State.
    (b) Transportation, Supplies, and Allowance.--Under such conditions 
as the Secretary of the Air Force may prescribe, the Secretary may 
provide to a person receiving a scholarship under the scholarship 
program--
            (1) transportation incident to the training received under 
        the ENJJPT program;
            (2) supplies and equipment to be used during the training;
            (3) flight clothing and other special clothing required for 
        the training;
            (4) billeting, food, and health services; and
            (5) a living allowance at a rate to be prescribed by the 
        Secretary, taking into account the amount of living allowances 
        authorized for a member of the armed forces under similar 
        circumstances.
    (c) Relation to Euro-NATO Joint Jet Pilot Training Program.--
            (1) ENJJPT steering committee authority.--Nothing in this 
        section shall be construed or interpreted to supersede the 
        authority of the ENJJPT Steering Committee under the ENJJPT 
        Memorandum of Understanding. Pursuant to the ENJJPT Memorandum 
        of Understanding, the ENJJPT Steering Committee may resolve to 
        forbid any airman or airmen from a Partnership for Peace nation 
        to participate in the Euro-NATO Joint Jet Pilot Training 
        program under the authority of a scholarship under this 
        section.
            (2) No representation.--Countries whose air force personnel 
        receive scholarships under the scholarship program shall not 
        have privilege of ENJJPT Steering Committee representation.
    (d) Limitation on Eligible Countries.--The Secretary of the Air 
Force may not use the authority in subsection (a) to provide assistance 
described in subsection (b) to any foreign country that is otherwise 
prohibited from receiving such type of assistance under the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision 
of law.
    (e) Cost-sharing.--For purposes of ENJJPT cost-sharing, personnel 
of an air force of a foreign country who receive a scholarship under 
the scholarship program may be counted as United States pilots.
    (f) Progress Report.--Not later than February 1, 2015, the 
Secretary of the Air Force shall submit to the congressional defense 
committees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations of the Senate a 
report on the status of the demonstration program, including the 
opinion of the Secretary and NATO allies on the benefits of the program 
and whether or not to permanently authorize the program or extend the 
program beyond fiscal year 2015. The report shall specify the 
following:
            (1) The countries participating in the scholarship program.
            (2) The total number of foreign pilots who received 
        scholarships under the scholarship program.
            (3) The amount expended on scholarships under the 
        scholarship program.
            (4) The source of funding for scholarships under the 
        scholarship program.
    (g) Duration.--No scholarship may be awarded under the scholarship 
program after September 30, 2015.
    (h) Funding Source.--Amounts to award scholarships under the 
scholarship program shall be derived from amounts authorized to be 
appropriated for operation and maintenance for the Air Force.

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

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES 
              RELATING TO IRAQ.

    No funds appropriated pursuant to an authorization of 
appropriations in this Act may be obligated or expended for a purpose 
as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control of the oil resources 
        of Iraq.

SEC. 1212. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

    (a) Authority for Fiscal Year 2011.--During fiscal year 2011, from 
funds made available to the Department of Defense for operation and 
maintenance for such fiscal year--
            (1) not to exceed $100,000,000 may be used by the Secretary 
        of Defense in such fiscal year to provide funds for the 
        Commanders' Emergency Response Program in Iraq; and
            (2) not to exceed $800,000,000 may be used by the Secretary 
        of Defense in such fiscal year to provide funds for the 
        Commanders' Emergency Response Program in Afghanistan.
    (b) Quarterly Reports.--
            (1) In general.--Not later than 30 days after the end of 
        each fiscal-year quarter of fiscal year 2011, the Secretary of 
        Defense shall submit to the congressional defense committees a 
        report regarding the Commanders' Emergency Response Program.
            (2) Matters to be included.--The report required under 
        paragraph (1) shall include the following:
                    (A) The allocation and use of funds under the 
                Commanders' Emergency Response Program or any other 
                provision of law making funding available for the 
                Commanders' Emergency Response Program during the 
                fiscal-year quarter.
                    (B) The dates of obligation and expenditure of such 
                funds during the fiscal-year quarter.
                    (C) A description of each project for which amounts 
                in excess of $500,000 were obligated or expended during 
                the fiscal-year quarter.
                    (D) The dates of obligation and expenditure of 
                funds under the Commanders' Emergency Response Program 
                or any other provision of law making funding available 
                for the Commanders' Emergency Response Program for each 
                of fiscal years 2004 through 2010.
            (3) Matters to be included with respect to commanders' 
        emergency response program in iraq.--The report required under 
        paragraph (1) shall include the following with respect to the 
        Commanders' Emergency Response Program in Iraq:
                    (A) A written statement by the Secretary of 
                Defense, or the Deputy Secretary of Defense if the 
                authority under subsection (f) is delegated to the 
                Deputy Secretary of Defense, affirming that the 
                certification required under subsection (f) was issued 
                for each project for which amounts in excess of 
                $1,000,000 were obligated or expended during the 
                fiscal-year quarter.
                    (B) For each project listed in subparagraph (A), 
                the following information:
                            (i) A description and justification for 
                        carrying out the project.
                            (ii) A description of the extent of 
                        involvement by the Government of Iraq in the 
                        project, including--
                                    (I) the amount of funds provided by 
                                the Government of Iraq for the project; 
                                and
                                    (II) a description of the plan for 
                                the transition of such project upon 
                                completion to the people of Iraq and 
                                for the sustainment of any completed 
                                facilities, including any commitments 
                                by the Government of Iraq to sustain 
                                projects requiring the support of the 
                                Government of Iraq for sustainment.
                            (iii) A description of the current status 
                        of the project, including, where appropriate, 
                        the projected completion date.
                    (C) A description of the status of transitioning 
                activities to the Government of Iraq, including--
                            (i) the level of funding provided and 
                        expended by the Government of Iraq in programs 
                        designed to meet urgent humanitarian relief and 
                        reconstruction requirements that immediately 
                        assist the Iraqi people; and
                            (ii) a description of the progress made in 
                        transitioning the responsibility for the Sons 
                        of Iraq Program to the Government of Iraq.
    (c) Submission of Guidance.--
            (1) Initial submission.--Not later than 30 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall submit to the congressional defense committees a copy of 
        the guidance issued by the Secretary to the Armed Forces 
        concerning the allocation of funds through the Commanders' 
        Emergency Response Program.
            (2) Modifications.--If the guidance in effect for the 
        purpose stated in paragraph (1) is modified, the Secretary 
        shall submit to the congressional defense committees a copy of 
        the modification not later than 15 days after the date on which 
        the Secretary makes the modification.
    (d) Waiver Authority.--For purposes of exercising the authority 
provided by this section or any other provision of law making funding 
available for the Commanders' Emergency Response Program, the Secretary 
of Defense may waive any provision of law not contained in this section 
that would (but for the waiver) prohibit, restrict, limit, or otherwise 
constrain the exercise of that authority.
    (e) Prohibition on Certain Projects Under Commanders' Emergency 
Response Program in Iraq.--
            (1) Prohibition.--Except as provided in paragraph (2), 
        funds made available under this section for the Commanders' 
        Emergency Response Program in Iraq may not be obligated or 
        expended to carry out any project if the total amount of such 
        funds made available for the purpose of carrying out the 
        project exceeds $2,000,000.
            (2) Exception.--The prohibition contained in paragraph (1) 
        shall not apply with respect to funds managed or controlled by 
        the Department of Defense that were otherwise provided by 
        another department or agency of the United States Government, 
        the Government of Iraq, the government of a foreign country, a 
        foundation or other charitable organization (including a 
        foundation or charitable organization that is organized or 
        operates under the laws of a foreign country), or any source in 
        the private sector of the United States or a foreign country.
            (3) Waiver.--The Secretary of Defense may waive the 
        prohibition contained in paragraph (1) if the Secretary--
                    (A) determines that such a waiver is required to 
                meet urgent humanitarian relief and reconstruction 
                requirements that will immediately assist the Iraqi 
                people; and
                    (B) submits in writing, within 15 days of issuing 
                such waiver, to the congressional defense committees a 
                notification of the waiver, together with a discussion 
                of--
                            (i) the unmet and urgent needs to be 
                        addressed by the project; and
                            (ii) any arrangements between the 
                        Government of the United States and the 
                        Government of Iraq regarding the provision of 
                        Iraqi funds for carrying out and sustaining the 
                        project.
    (f) Certification of Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--
            (1) Certification.--Funds made available under this section 
        for the Commanders' Emergency Response Program in Iraq may not 
        be obligated or expended to carry out any project if the total 
        amount of such funds made available for the purpose of carrying 
        out the project exceeds $1,000,000 unless the Secretary of 
        Defense certifies that the project addresses urgent 
        humanitarian relief and reconstruction requirements that will 
        immediately assist the Iraqi people.
            (2) Delegation.--The Secretary may delegate the authority 
        under paragraph (1) to the Deputy Secretary of Defense.
    (g) Definitions.--In this section--
            (1) the term ``Commanders' Emergency Response Program'' 
        means--
                    (A) with respect to Iraq, the program established 
                by the Administrator of the Coalition Provisional 
                Authority for the purpose of enabling United States 
                military commanders in Iraq to respond to urgent 
                humanitarian relief and reconstruction requirements 
                within their areas of responsibility by carrying out 
                programs that will immediately assist the Iraqi people; 
                and
                    (B) with respect to Afghanistan, the program 
                established for Afghanistan for purposes similar to the 
                program established for Iraq, as described in 
                subparagraph (A);
            (2) the term ``Commanders' Emergency Response Program in 
        Iraq'' means the program described in paragraph (1)(A); and
            (3) the term ``Commanders' Emergency Response Program in 
        Afghanistan'' means the program described in paragraph (1)(B).

SEC. 1213. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT TO CERTAIN 
              COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES 
              MILITARY OPERATIONS.

    (a) Extension of Authority.--Subsection (a) of section 1233 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 393), as amended by section 1223 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2519), is further amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``2010'' and inserting ``2011''; and
            (2) by adding at the end the following:
            ``(3) Logistical and military support provided by that 
        nation to confront the threat posed by al'Qaida, the Taliban, 
        and other militant extremists in Pakistan.''.
    (b) Limitation on Amount.--Subsection (d)(1) of such section is 
amended by striking ``2010'' and inserting ``2011''.

SEC. 1214. MODIFICATION OF REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED 
              STATES ARMED FORCES FROM IRAQ.

    (a) Report Required.--Subsection (a) of section 1227 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2525; 50 U.S.C. 1541 note) is amended--
            (1) by striking ``December 31, 2009'' and inserting 
        ``December 31, 2010''; and
            (2) by striking ``90 days thereafter'' and inserting ``180 
        days thereafter''.
    (b) Elements.--Subsection (b) of such section is amended--
            (1) in paragraph (5), by striking ``Multi-National Force-
        Iraq'' each place it occurs and inserting ``United States 
        Forces-Iraq''; and
            (2) by adding at the end the following:
            ``(6) An assessment of progress to transfer responsibility 
        of programs, projects, and activities carried out in Iraq by 
        the Department of Defense to other United States Government 
        departments and agencies, international or nongovernmental 
        entities, or the Government of Iraq. The assessment should 
        include a description of the numbers and categories of 
        programs, projects, and activities for which such other 
        entities have taken responsibility or which have been 
        discontinued by the Department of Defense. The assessment 
        should also include a discussion of any difficulties or 
        barriers in transitioning such programs, projects, and 
        activities and what, if any, solutions have been developed to 
        address such difficulties or barriers.
            ``(7) An assessment of progress toward the goal of 
        establishing those minimum essential capabilities determined by 
        the Secretary of Defense as necessary to allow the Government 
        of Iraq to provide for its own internal and external defense, 
        including a description of--
                    ``(A) such capabilities both extant and remaining 
                to be developed;
                    ``(B) major military equipment necessary to achieve 
                such capabilities;
                    ``(C) the level and type of support provided by the 
                United States to address shortfalls in such 
                capabilities; and
                    ``(D) the level of commitment, both financial and 
                political, made by the Government of Iraq to develop 
                such capabilities, including a discussion of resources 
                used by the Government of Iraq to develop capabilities 
                that the Secretary determines are not minimum essential 
                capabilities for purposes of this paragraph.
            ``(8) An assessment of the anticipated level and type of 
        support to be provided by United States special operations 
        forces to the Government of Iraq and Iraqi special operations 
        forces during the redeployment of United States conventional 
        forces from Iraq. The assessment should include a listing of 
        anticipated organic support, organic combat service support, 
        and additional critical enabling asset requirements for United 
        States special operations forces and Iraqi special operations 
        forces, to include engineers, rotary aircraft, logisticians, 
        communications assets, information support specialists, 
        forensic analysts, and intelligence, surveillance, and 
        reconnaissance assets needed through December 31, 2011.''.
    (c) Secretary of State Comments.--Such section is further amended 
by striking subsection (c) and inserting the following:
    ``(c) Secretary of State Comments.--Prior to submitting the report 
required under subsection (a), the Secretary of Defense shall provide a 
copy of the report to the Secretary of State for review. At the request 
of the Secretary of State, the Secretary of Defense shall include an 
appendix to the report which contains any comments or additional 
information that the Secretary of State requests.''.
    (d) Form.--Subsection (d) of such section is amended by striking 
``, whether or not included in another report on Iraq submitted to 
Congress by the Secretary of Defense,''.
    (e) Termination.--Such section is further amended by adding at the 
end the following:
    ``(f) Termination.--The requirement to submit the report required 
under subsection (a) shall terminate on September 30, 2012.''.
    (f) Repeal of Other Reporting Requirements.--The following 
provisions of law are hereby repealed:
            (1) Section 1227 of the National Defense Authorization Act 
        for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465; 50 
        U.S.C. 1541 note) (as amended by section 1223 of the National 
        Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
        181; 122 Stat. 373)).
            (2) Section 1225 of the National Defense Authorization Act 
        for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 375).

SEC. 1215. MODIFICATION OF REPORTS RELATING TO AFGHANISTAN.

    (a) Report on Progress Toward Security and Stability in 
Afghanistan.--
            (1) Report required.--Subsection (a) of section 1230 of the 
        National Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181; 122 Stat. 385), as amended by section 1236 of the 
        National Defense Authorization Act for Fiscal Year 2010 (Public 
        Law 111-84; 123 Stat. 2535), is further amended by striking 
        ``2011'' and inserting ``2012''.
            (2) Matters to be included: strategic direction of united 
        states activities relating to security and stability in 
        afghanistan.--Subsection (c) of such section is amended by 
        adding at the end the following:
            ``(8) Conditions necessary for achievement of progress.--A 
        discussion of the conditions and criteria that would need to 
        exist in key districts and across Afghanistan to--
                    ``(A) meet United States and coalition goals in 
                Afghanistan and the region;
                    ``(B) permit the transition of lead security 
                responsibility in key districts to the Government of 
                Afghanistan; and
                    ``(C) permit the redeployment of United States 
                Armed Forces and coalition forces from Afghanistan.''.
            (3) Matters to be included: performance indicators and 
        measures of progress toward sustainable long-term security and 
        stability in afghanistan.--Subsection (d) of such section is 
        amended by adding at the end the following:
            ``(3) Conditions necessary for achievement of progress.--
        With respect to each performance indicator and measure of 
        progress specified in paragraph (2) (A) through (L), the report 
        shall include a description of the conditions that would need 
        to exist in Afghanistan for the Secretary of Defense to 
        conclude that such indicator or measure of progress has been 
        achieved.''.
    (b) United States Plan for Sustaining the Afghanistan National 
Security Forces.--Section 1231(a) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 390) is amended 
by striking ``2010'' and inserting ``2012''.

SEC. 1216. NO PERMANENT MILITARY BASES IN AFGHANISTAN.

    None of the funds authorized to be appropriated by this Act may be 
obligated or expended by the United States Government to establish any 
military installation or base for the purpose of providing for the 
permanent stationing of United States Armed Forces in Afghanistan.

SEC. 1217. AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN 
              AFGHANISTAN.

    (a) Authority.--If a certification described in subsection (b) is 
made in accordance with such subsection, the Secretary of Defense may 
utilize not more than $50,000,000 from funds made available to the 
Department of Defense for operations and maintenance for fiscal year 
2011 to support in those areas of Afghanistan specified in the 
certification the reintegration into Afghan society of those 
individuals who--
            (1) have ceased all support to the insurgency in 
        Afghanistan;
            (2) have agreed to live in accordance with the Constitution 
        of Afghanistan;
            (3) have renounced violence against the Government of 
        Afghanistan and its international partners; and
            (4) do not have material ties to al Qaeda or affiliated 
        transnational terrorist organizations.
    (b) Certification.--A certification described in this subsection is 
a certification made by the Secretary of State, in coordination with 
the Administrator of United States Agency for International 
Development, to the appropriate congressional committees stating that 
it is necessary for the Department of Defense to carry out a program of 
reintegration in areas of Afghanistan that are specified by the 
Secretary of State in the certification. Such certification shall 
include--
            (1) a statement that such program is necessary to support 
        the goals of the United States in Afghanistan; and
            (2) a certification that the Department of State and the 
        United States Agency for International Development are unable 
        to carry out a similar program of reintegration in the areas 
        specified by the Secretary of State because of the security 
        environment of such areas or for other reasons.
    (c) Submission of Guidance.--
            (1) Initial submission.--Not later than 30 days after the 
        date of the enactment of this Act, the Secretary of Defense, 
        with the concurrence of the Secretary of State, shall submit to 
        the appropriate congressional committees a copy of the guidance 
        issued by the Secretary or the Secretary's designee concerning 
        the allocation of funds utilizing the authority of subsection 
        (a). Such guidance shall include--
                    (A) mechanisms for coordination with the Government 
                of Afghanistan and other United States Government 
                departments and agencies as appropriate;
                    (B) mechanisms to track the status of those 
                individuals described in subsection (a); and
                    (C) metrics to monitor and evaluate the impact of 
                funds used pursuant to subsection (a).
            (2) Modifications.--If the guidance in effect for the 
        purpose stated in paragraph (1) is modified, the Secretary of 
        Defense, with the concurrence of the Secretary of State, shall 
        submit to the appropriate congressional committees a copy of 
        the modification not later than 15 days after the date on which 
        such modification is made.
    (d) Quarterly Reports.--The Secretary of Defense shall submit to 
the appropriate congressional committees a report on activities carried 
out utilizing the authority of subsection (a).
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional defense committees; and
            (2) the Committee on Foreign Affairs of the House of 
        Representative and the Committee on Foreign Relations of the 
        Senate.
    (f) Expiration.--The authority to utilize funds under subsection 
(a) shall expire at the close of December 31, 2011.

SEC. 1218. ONE-YEAR EXTENSION OF PAKISTAN COUNTERINSURGENCY FUND.

    Section 1224(h) of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2521) is amended by 
striking ``September 30, 2010'' both places it appears and inserting 
``September 30, 2011''.

SEC. 1219. AUTHORITY TO USE FUNDS TO PROVIDE SUPPORT TO COALITION 
              FORCES SUPPORTING MILITARY AND STABILITY OPERATIONS IN 
              IRAQ AND AFGHANISTAN.

    (a) Authority.--Notwithstanding section 127d(c) of title 10, United 
States Code, up to $400,000,000 of the funds available to the 
Department of Defense by section 1509 of this Act may be used to 
provide supplies, services, transportation, including airlift and 
sealift, and other logistical support to coalition forces supporting 
military and stability operations in Iraq and Afghanistan.
    (b) Quarterly Reports.--The Secretary of Defense shall submit 
quarterly reports to the congressional defense committees regarding 
support provided under this section.

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.

    (a) Statement of Policy.--It is the policy of the United States to 
provide each United States brigade and equivalent units deployed to 
Afghanistan with the commensurate level of unit and theater-wide combat 
enablers to--
            (1) implement the United States strategy to disrupt, 
        dismantle, and defeat al Qaeda, the Taliban, and their 
        affiliated networks and eliminate their safe haven;
            (2) achieve the military campaign plan;
            (3) minimize the level risk to United States, coalition, 
        and Afghan forces; and
            (4) reduce the number of military and civilian casualties.
    (b) Requirement.--In order to achieve the policy expressed in 
subsection (a), the Secretary of Defense shall provide each United 
States brigade and equivalent units deployed to Afghanistan with the 
commensurate level of unit and theater-wide combat enablers.
    (c) Report.--Not later than 30 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
containing--
            (1) a description of United States Forces-Afghanistan 
        requests for forces for fiscal years 2008, 2009, and 2010;
            (2) a description of the current troop-to-task analysis and 
        resource requirements;
            (3) the number of United States brigade and equivalent 
        units deployed to Afghanistan;
            (4) the number of United States unit and theater-wide 
        combat enablers deployed to Afghanistan, including at a 
        minimum, a breakdown of--
                    (A) Intelligence, Surveillance, and Reconnaissance 
                (ISR);
                    (B) force protection, including force protection at 
                each United States Forward Operating Base (FOB); and
                    (C) medical evacuation (MEDEVAC); and
            (5) an assessment of the risk to United States, coalition, 
        and Afghan forces based on a lack of combat enablers.
    (d) Combat Enablers Defined.--In this section, the term ``combat 
enablers'' includes--
            (1) Intelligence, Surveillance, and Reconnaissance (ISR);
            (2) force protection, including force protection at each 
        United States Forward Operating Base (FOB);
            (3) medical evacuation (MEDEVAC); and
            (4) any other combat enablers as determined by the 
        Secretary of Defense.

SEC. 1221. LIMITATION ON AVAILABILITY OF FUNDS FOR ELECTIONS IN 
              AFGHANISTAN.

    (a) Limitation.--No funds authorized to be appropriated by this Act 
may be made available to support the holding of elections in 
Afghanistan unless and until the President submits a certification 
described in subsection (b) to the congressional officials specified in 
subsection (c).
    (b) Certification Described.--A certification described in this 
subsection is certification in writing that contains a determination of 
the President of the following:
            (1) The Afghanistan Independent Election Commission has the 
        professional capacity, personnel, skills, independence, and 
        legal authority to conduct and oversee free, fair, and honest 
        elections.
            (2) The Afghanistan Independent Election Commission, to the 
        extent possible, has been purged of all members and staff who 
        committed or were otherwise participants in any fraud of the 
        2009 presidential elections, including covering up the 
        electoral fraud or otherwise were negligent in investigating 
        allegations of electoral fraud.
            (3) The Afghan Electoral Complaints Commission is a 
        genuinely independent body with all the authorities that were 
        invested in it under Afghanistan law as of December 31, 2009, 
        and with no members appointed by President Hamid Karzai.
    (c) Congressional Officials Specified.--The congressional officials 
specified in this subsection are the following:
            (1) The Speaker and minority leader of the House of 
        Representatives.
            (2) The majority leader and minority leader of the Senate.
            (3) The Chairman and ranking member of the Committee on 
        Armed Services and the Chairman and ranking member of the 
        Committee on Foreign Affairs of the House of Representatives.
            (4) The Chairman and ranking member of the Committee on 
        Armed Services and the Chairman and ranking member of the 
        Committee on Foreign Relations of the Senate.

SEC. 1222. RECOMMENDATIONS ON OVERSIGHT OF CONTRACTORS ENGAGED IN 
              ACTIVITIES RELATING TO AFGHANISTAN.

    (a) Recommendations Required.--Not later than 90 days after the 
date of the enactment of this Act, the Special Inspector General for 
Afghanistan Reconstruction shall, in consultation with the Inspector 
General of the Department of Defense, the Inspector General of the 
United States Agency for International Development, and the Inspector 
General of the Department of State--
            (1) issue recommendations on measures to increase oversight 
        of contractors engaged in activities relating to Afghanistan 
        that have a record of engaging in waste, fraud, or abuse;
            (2) report on the status of efforts of the Department of 
        Defense, the United States Agency for International 
        Development, and the Department of State to implement existing 
        recommendations regarding oversight of such contractors; and
            (3) report on the extent to which military and security 
        contractors or subcontractors engaged in activities relating to 
        Afghanistan have been responsible for the deaths of Afghan 
        civilians.
    (b) Elements of Recommendations.--The recommendations issued under 
subsection (a)(1) shall include--
            (1) recommendations for reducing the reliance of the United 
        States on--
                    (A) military and security contractors or 
                subcontractors engaged in activities relating to 
                Afghanistan that have been responsible responsible for 
                the deaths of Afghan civilians; and
                    (B) Afghan militias or other armed groups that are 
                not part of the Afghan National Security Forces; and
            (2) recommendations for prohibiting the Department of 
        Defense, the Department of State, or the United States Agency 
        for International Development from entering into contracts with 
        contractors engaged in activities relating to Afghanistan that 
        have a record of engaging in waste, fraud, or abuse.

SEC. 1223. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND 
              OPERATION ENDURING FREEDOM.

    (a) Findings.--Congress finds the following:
            (1) The United States has been engaged in military 
        operations in Afghanistan since October 2001 and in military 
        operations in Iraq since March 2003.
            (2) According to the Congressional Research Service, 
        through fiscal year 2009, Congress has appropriated 
        $944,000,000,000 for the Department of Defense, the Department 
        of State, and for medical costs paid by the Department of 
        Veterans Affairs. This amount includes $683,000,000,000 for 
        Iraq and $227,000,000,000 for Afghanistan.
            (3) Over 90 percent of Department of Defense funds for 
        operations in Iraq and Afghanistan have been provided as 
        emergency funds in supplemental or additional appropriations.
            (4) The Congressional Budget Office and the Congressional 
        Research Service have stated that future war costs are 
        difficult to estimate because the Department of Defense 
        provides little information on costs incurred to date, does not 
        report outlays or actual expenditures for war because war and 
        baseline funds are mixed in the same accounts, and because of a 
        lack of information from the Department of Defense on many of 
        the key factors that determine costs, including personnel 
        levels or the pace of operations.
            (5) Over 2 million United States troops have served in Iraq 
        and Afghanistan since the beginning of the conflicts.
            (6) Over 4,400 United States troops and Department of 
        Defense civilian personnel have been killed in Operation Iraqi 
        Freedom and over 1,060 United States troops and Department of 
        Defense civilian personnel have been killed in Operation 
        Enduring Freedom.
            (7) Over 1,340 service members have suffered amputations as 
        a result of their service in Iraq and Afghanistan.
            (8) More than 243,685 Iraq and Afghanistan veterans have 
        been treated for mental health conditions, more than 129,654 
        Iraq and Afghanistan veterans have been diagnosed with Post-
        Traumatic Stress Disorder, and approximately 30,000 have a 
        confirmed Traumatic Brain Injury diagnosis.
            (9) Approximately 46 percent of Iraq and Afghanistan 
        veterans have sought treatment at Department of Veterans 
        Affairs hospitals and clinics.
            (10) The Independent Review Group on Rehabilitative Care 
        and Administrative Processes at Walter Reed Army Medical Center 
        and National Naval Medical Center identified Traumatic Brain 
        Injury, Post-Traumatic Stress Disorder, increased survival of 
        severe burns, and traumatic amputations as the four signature 
        wounds of the current conflicts.
            (11) The Independent Review Group report also states that 
        the recovery process ``can take months or years and must 
        accommodate recurring or delayed manifestations of symptoms, 
        extended rehabilitation and all the life complications that 
        emerge over time from such trauma''.
    (b) Report Requirement; Scenarios.--Not later than the date on 
which the budget of the United States Government is submitted under 
section 1105(a) of title 31, United States Code, for fiscal year 2012, 
the President, with contributions from the Secretary of Defense, the 
Secretary of State, and the Secretary of the Department of Veterans 
Affairs, shall submit a report to Congress containing an estimate of 
the long-term costs of Operation Iraqi Freedom and Operation Enduring 
Freedom. The report shall contain estimates for the following 
scenarios:
            (1) The number of personnel deployed in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom is 
        reduced from current levels to approximately 150,000 by the end 
        of fiscal year 2011, 65,000 by the end of fiscal year 2012, and 
        30,000 by the end of fiscal year 2013, and remains at that 
        level through fiscal year 2020.
            (2) The number of personnel deployed in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom is 
        increased from current levels to approximately 235,000 by the 
        end of fiscal year 2010, is reduced to 230,000 by the end of 
        fiscal year 2011, is reduced to 195,000 by the end of fiscal 
        year 2012, is reduced to 135,000 by the end of fiscal year 
        2013, is reduced to 80,000 by the end of fiscal year 2014, is 
        reduced to 60,000 by the end of fiscal year 2015, and remains 
        at that level through fiscal year 2020.
            (3) An alternative scenario, defined by the President and 
        based on current war and withdrawal plans, which takes into 
        account expected troop levels and the expected length of time 
        that troops will be deployed in support of Operation Iraqi 
        Freedom and Operation Enduring Freedom.
    (c) Special Considerations.--The estimates required for each 
scenario shall make projections through at least fiscal year 2020, 
shall be adjusted appropriately for inflation, shall be based on 
historical trends, and to the maximum extent practicable shall take 
into account and specify the following:
            (1) The total number of troops expected to be activated and 
        deployed to Iraq and Afghanistan during the course of Operation 
        Iraqi Freedom and Operation Enduring Freedom. This number shall 
        include all troops deployed in the region in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom and 
        activated reservists in the United States who are training, 
        backfilling for deployed troops, or supporting other Department 
        of Defense missions directly or indirectly related to Operation 
        Iraqi Freedom and Operation Enduring Freedom. This number shall 
        also break down activations and deployments of Active Duty, 
        Reservists, and National Guard troops.
            (2) The number of troops, including National Guard and 
        Reserve troops, who have served and who are expected to serve 
        multiple deployments.
            (3) The number of contractors and private military security 
        firms that have been utilized and are expected to be utilized 
        during the course of the conflicts in Iraq and Afghanistan.
            (4) The number of veterans currently suffering and expected 
        to suffer from Post-Traumatic Stress Disorder, Traumatic Brain 
        Injury, or other mental injuries.
            (5) The number of veterans currently in need of and 
        expected to be in need of prosthetic care and treatment because 
        of amputations incurred during Operation Iraqi Freedom and 
        Operation Enduring Freedom.
            (6) The current number of pending Department of Veterans 
        Affairs claims from Iraq and Afghanistan veterans, and the 
        total number of Iraq and Afghanistan veterans expected to seek 
        disability compensation benefits from the Department of 
        Veterans Affairs.
            (7) The total number of troops who have been killed and 
        wounded in Iraq and Afghanistan to date, including noncombat 
        casualties, the total number of troops expected to suffer 
        injuries in Iraq and Afghanistan, and the total number of 
        troops expected to be killed in Iraq and Afghanistan, including 
        noncombat casualties.
            (8) Funding already appropriated for the Department of 
        Defense, the Department of State, and the Department of 
        Veterans Affairs for costs related to the wars in Iraq and 
        Afghanistan. This shall include an account of the amount of 
        funding from regular Department of Defense, Department of 
        State, and Department of Veterans Affairs budgets that has gone 
        and will go to Iraq and Afghanistan.
            (9) Current and future operational expenditures, including 
        funding for combat operations; deploying, transporting, 
        feeding, and housing troops (including fuel costs); deployment 
        of National Guard and Reserve troops; the equipping and 
        training of Iraqi and Afghani forces; purchasing, upgrading, 
        and repairing weapons, munitions and other equipment; and 
        payments to other countries for logistical assistance.
            (10) Past, current, and future cost of government 
        contractors and private military security firms.
            (11) Average annual cost for each troop and combat brigade 
        deployed in support of Operation Iraqi Freedom and Operation 
        Enduring Freedom, including room and board, equipment and body 
        armor, transportation of troops and equipment (including fuel 
        costs), and operational costs.
            (12) Current and future cost of combat-related special pays 
        and benefits, including reenlistment bonuses.
            (13) Current and future cost of activating National Guard 
        and Reserve forces and paying them on a full-time basis.
            (14) Current and future cost for reconstruction, embassy 
        operations and construction, and foreign aid programs for Iraq 
        and Afghanistan.
            (15) Current and future cost of bases and other 
        infrastructure to support United States troops in Iraq and 
        Afghanistan.
            (16) Current and future cost of providing healthcare for 
        returning veterans. This estimate shall include the cost of 
        mental health treatment for veterans suffering from Post-
        Traumatic Stress Disorder and Traumatic Brain Injury, and other 
        mental problems as a result of their service in Operation Iraqi 
        Freedom and Operation Enduring Freedom. This estimate shall 
        also include the cost of lifetime prosthetics care and 
        treatment for veterans suffering from amputations as a result 
        of their service in Operation Iraqi Freedom and Operation 
        Enduring Freedom.
            (17) Current and future cost of providing Department of 
        Veterans Affairs disability benefits for lifetime of veterans.
            (18) Current and future cost of providing survivors' 
        benefits to survivors of service members.
            (19) Cost of bringing troops and equipment home at the end 
        of the wars, including cost of demobilizing troops, 
        transporting troops home (including fuel costs), providing 
        transition services from active duty to veteran status, 
        transporting equipment, weapons, and munitions (including fuel 
        costs), and an estimate of the value of equipment which will be 
        left behind.
            (20) Cost to restore the military and military equipment, 
        including the National Guard and National Guard equipment, to 
        full strength after the wars.
            (21) Cost of the administration's plan to permanently 
        increase the Army and Marine Corps by 92,000.
            (22) Amount of money borrowed to pay for the wars in Iraq 
        and Afghanistan, and the sources of that money.
            (23) Interest on borrowed money, including interest for 
        money already borrowed and anticipated interest payments on 
        future borrowing for the war in Iraq and the war in Afghanistan 
        to the extent all spending associated with the war in Iraq and 
        the war in Afghanistan have been and will be financed with 
        borrowed money.

                       Subtitle C--Other Matters

SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION CENTER.

    Section 1244(a) of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) is amended--
            (1) by striking ``fiscal year 2010'' and inserting ``fiscal 
        year 2011''; and
            (2) by striking ``$30,000,000'' and inserting 
        ``$50,000,000''.

SEC. 1232. NATIONAL MILITARY STRATEGIC PLAN TO COUNTER IRAN.

    (a) National Military Strategic Plan Required.--The Secretary of 
Defense shall develop a strategic plan, to be known as the ``National 
Military Strategic Plan to Counter Iran''. The strategic plan shall--
            (1) outline the Department of Defense's strategic planning 
        and provide strategic guidance for military activities and 
        operations that support the United States policy objective of 
        countering threats posed by Iran;
            (2) identify the direct and indirect military contribution 
        to this policy objective, and constitute the comprehensive 
        military plan to counter threats posed by Iran;
            (3) undertake a review of the intelligence in the 
        possession of the Department of Defense to develop a list of 
        gaps in intelligence that limit the ability of the Department 
        of Defense to counter threats emanating from Iran that the 
        Secretary considers to be critical;
            (4) shall develop a plan to address those gaps identified 
        in the review under paragraph (3); and
            (5) undertake a review of the plans of the Department of 
        Defense to counter threats to the United States, its forces, 
        allies, and interests from Iran, including--
                    (A) plans for both conflict and peace;
                    (B) contributions of the Department of Defense to 
                the efforts of other agencies of the United States 
                Government to counter or address the threat emanating 
                from Iran; and
                    (C) any gaps in the plans, capabilities and 
                authorities of the Department.
    (b) Plan.--In addition to the plan required under subsection (a), 
the Secretary of Defense shall develop a plan to address those gaps 
identified in the review required in subsection (a)(5). The plan shall 
guide the planning and actions of the relevant combatant commands, the 
military departments, and combat support agencies that the Secretary of 
Defense determines have a role in countering threats posed by Iran.
    (c) Report to Congress.--
            (1) In general.--Not later than the date on which the 
        President submits to Congress the budget for a fiscal year 
        under section 1105 of title 31, United States Code, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report identifying and justifying any resources, 
        capabilities, legislative authorities, or changes to current 
        law the Secretary believes are necessary to carry out the plan 
        required under subsection (b) to address the gaps identified in 
        the strategic plan required in subsection (a).
            (2) Form.--The report required in paragraph (1) shall be in 
        unclassified form, but may include a classified annex.

SEC. 1233. REPORT ON DEPARTMENT OF DEFENSE'S PLANS TO REFORM THE EXPORT 
              CONTROL SYSTEM.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the Department of 
Defense's plans to reform the Department's export control system.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include--
            (1) a description of the plans of the Department of Defense 
        to implement Presidential Study Directive 8; and
            (2) an assessment of the extent to which the plans to 
        reform the export control system will--
                    (A) impact the Defense Technology Security 
                Administration of the Department of Defense;
                    (B) affect the role of the Department of Defense 
                with respect to export control policy; and
                    (C) ensure greater protection and monitoring of key 
                defense items and technologies.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.

SEC. 1234. REPORT ON UNITED STATES EFFORTS TO DEFEND AGAINST THREATS 
              POSED BY THE ADVANCED ANTI-ACCESS CAPABILITIES OF 
              POTENTIALLY HOSTILE FOREIGN COUNTRIES.

    (a) Congressional Finding.--Congress finds that the report of the 
2010 Department of Defense Quadrennial Defense Review finds that 
``Anti-access strategies seek to deny outside countries the ability to 
project power into a region, thereby allowing aggression or other 
destabilizing actions to be conducted by the anti-access power. Without 
dominant capabilities to project power, the integrity of U.S. alliances 
and security partnerships could be called into question, reducing U.S. 
security and influence and increasing the possibility of conflict.''.
    (b) Sense of Congress.--It is the sense of Congress that, in light 
of the finding in subsection (a), the Secretary of Defense should 
ensure that the United States has the appropriate authorities, 
capabilities, and force structure to defend against any threats posed 
by the advanced anti-access capabilities of potentially hostile foreign 
countries.
    (c) Report.--Not later than April 1, 2011, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on United States efforts to defend 
against any threats posed by the advanced anti-access capabilities of 
potentially hostile foreign countries.
    (d) Matters to Be Included.--The report required under subsection 
(c) shall include the following:
            (1) An assessment of any threats posed by the advanced 
        anti-access capabilities of potentially hostile foreign 
        countries, including an identification of the foreign countries 
        with such capabilities, the nature of such capabilities, and 
        the possible advances in such capabilities over the next 10 
        years.
            (2) A description of any efforts by the Department of 
        Defense since the release of the 2010 Quadrennial Defense 
        Review to address the finding in subsection (a).
            (3) A description of the authorities, capabilities, and 
        force structure that the United States may require over the 
        next 10 years to address the finding in subsection (a).
    (e) Form.--The report required under subsection (c) shall be 
submitted in unclassified form, but may contain a classified annex if 
necessary.
    (f) Modification of Other Reports.--
            (1) Concerning the people's republic of china.--Section 
        1202(b) of the National Defense Authorization Act for Fiscal 
        Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 113 
        note), as most recently amended by section 1246 of the National 
        Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
        84; 123 Stat. 2544), is further amended--
                    (A) by redesignating paragraphs (10) through (12) 
                as paragraphs (11) through (13), respectively; and
                    (B) by inserting after paragraph (9) the following:
            ``(10) Developments in China's anti-access and area denial 
        capabilities.''.
            (2) Concerning iran.--Section 1245(b) of the National 
        Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
        84; 123 Stat. 2542) is amended by adding at the end the 
        following:
            ``(5) A description and assessment of Iran's anti-access 
        and area denial strategy and capabilities.''.

SEC. 1235. REPORT ON FORCE STRUCTURE CHANGES IN COMPOSITION AND 
              CAPABILITIES AT MILITARY INSTALLATIONS IN EUROPE.

    (a) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense, in coordination with 
the Secretary of State, shall submit to the appropriate congressional 
committees a report evaluating potential changes in the composition and 
capabilities of units of the United States Armed Forces at military 
installations in European member nations of the North Atlantic Treaty 
Organization--
            (1) to satisfy the commitments undertaken by United States 
        pursuant to Article 5 of the North Atlantic Treaty, signed at 
        Washington, District of Columbia, on April 4, 1949, and entered 
        into force on August 24, 1949 (63 Stat. 2241; TIAS 1964);
            (2) to address the current security environment in Europe, 
        including United States participation in theater cooperation 
        activities; and
            (3) to contribute to peace and stability in Europe.
    (b) Matters to Be Considered.--As part of the report, the Secretary 
of Defense shall consider--
            (1) the stationing of advisory and assist brigades at 
        military installations in Europe;
            (2) the expanded use of Joint Task Forces to train and 
        build mutual capabilities with partner countries; and
            (3) the stationing of units of the United States Armed 
        Forces to support missile defense and cyber-security missions.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.

SEC. 1236. SENSE OF CONGRESS ON MISSILE DEFENSE AND NEW START TREATY 
              WITH RUSSIAN FEDERATION.

    (a) Findings.--Congress finds the following:
            (1) The United States and the Russian Federation signed the 
        Treaty between the United States of America and the Russian 
        Federation on Measures for the Further Reduction and Limitation 
        of Strategic Offensive Arms (commonly known as the ``New START 
        Treaty'') on April 8, 2010.
            (2) The preamble of the New START Treaty states, 
        ``Recognizing the existence of the interrelationship between 
        strategic offensive arms and strategic defensive arms, that 
        this interrelationship will become more important as strategic 
        nuclear arms are reduced, and that current strategic defensive 
        arms do not undermine the viability and effectiveness of the 
        strategic offensive arms of the Parties.''.
            (3) Officials of the United States have stated that the New 
        START Treaty does not constrain the missile defenses of the 
        United States and according to the New START Treaty U.S. 
        Congressional Briefing Book of April, 2010, released by the 
        Department of State and the Department of Defense, ``The United 
        States will continue to invest in improvements to both 
        strategic and theater missile defenses, both qualitatively and 
        quantitatively, as needed for our security and the security of 
        our allies.''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) as stated by officials of the United States, there 
        would be no limitations on any phase of the phased, adaptive 
        approach to missile defense in Europe resulting from 
        ratification of the New START treaty between the United States 
        and Russia, signed on 8 April 2010;
            (2) the United States should deploy the phased, adaptive 
        approach for missile defense in Europe to protect the United 
        States, its deployed forces, and NATO allies, after appropriate 
        testing and consistent with NATO policy; and
            (3) the ground-based midcourse defense system in Alaska and 
        California should be maintained, evolved, and appropriately 
        tested because it is the only missile defense capability as of 
        the date of the enactment of this Act that would protect the 
        United States from the growing threat of a long-range ballistic 
        missile attack.

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.

    (a) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense, in coordination with 
the Secretary of State, shall submit to the appropriate congressional 
committees a report evaluating naval security in the Persian Gulf and 
the Strait of Hormuz.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include an assessment of the strategic benefits of the 
successful negotiation of a multilateral or bilateral Incidents at Sea 
military-to-military agreement including the United States and the 
Government of Iran aimed at defusing tension and preventing accidental 
naval conflict in the Persian Gulf and the Strait of Hormuz. Such an 
assessment should consider and evaluate the effect that such an 
agreement might have on commercial, military, and other naval traffic 
in the region, as well as other United States regional strategic 
interests.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.

SEC. 1238. REQUIREMENT TO MONITOR AND EVALUATE DEPARTMENT OF DEFENSE 
              ACTIVITIES TO COUNTER VIOLENT EXTREMISM IN AFRICA.

    (a) In General.--The Secretary of Defense, in consultation with the 
Secretary of State, shall monitor and evaluate the impact of United 
States Africa Command (USAFRICOM) Combined Joint Task Force-Horn of 
Africa's (CJTF-HOA) activities to counter violent extremism in Africa, 
including civil affairs, psychological operations, humanitarian 
assistance, and operations to strengthen the capacity of partner 
nations.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the appropriate 
congressional committees a report on the following:
            (1) An evaluation of the impact of CJTF-HOA's activities 
        described in subsection (a) to advance United States security 
        objectives in the Horn of Africa, including the extent to which 
        CJTF-HOA's activities--
                    (A) disrupt or deny terrorist networks;
                    (B) combat violent extremist ideology;
                    (C) are aligned with USAFRICOM's mission; and
                    (D) complement programs conducted by the United 
                States Agency for International Development.
            (2) USAFRICOM's efforts to monitor and evaluate the impact 
        of CJTF-HOA's activities described in subsection (a), 
        including--
                    (A) the means by which CJTF-HOA follows up on such 
                activities to evaluate the effectiveness of such 
                activities;
                    (B) USAFRICOM's specific assessments of CJTF-HOA's 
                activities; and
                    (C) a description of plans by the Secretary of 
                Defense to make permanent CJTF-HOA's presence in 
                Djibouti.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.

SEC. 1239. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE UNITED STATES.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Secretary of State, the Attorney General, the Secretary of Homeland 
Security, the Administrator of the United States Agency for 
International Development, and the heads of other appropriate Federal 
agencies (as determined by the Secretary of Defense), shall submit to 
the Congress a report containing the information described in 
subsection (b). In preparing such report, the Secretary of Defense 
shall use available information from organizations and entities closely 
associated with the United States mission in Iraq that have received 
United States Government funding through an official and documented 
contract, award, grant, or cooperative agreement.
    (b) Information.--The information described in this subsection is 
the following:
            (1) The number of Iraqis who were or are employed by the 
        United States Government in Iraq or who are or were employed in 
        Iraq by an organization or entity closely associated with the 
        United States mission in Iraq that has received United States 
        Government funding through an official and documented contract, 
        award, grant, or cooperative agreement.
            (2) The number of Iraqis who have applied--
                    (A) for resettlement in the United States as a 
                refugee under section 1243 of the Refugee Crisis in 
                Iraq Act of 2007 (subtitle C of title XII of division A 
                of Public Law 110-181; 122 Stat. 395 et seq.); or
                    (B) to enter the United States as a special 
                immigrant under section 1244 of such Act.
            (3) The status of each application described in paragraph 
        (2).
            (4) The estimated number of individuals described in 
        paragraph (1) who have been injured or killed in Iraq.
    (c) Expedited Processing.--The Secretary of Defense, the Secretary 
of State, and the Secretary of Homeland Security shall develop a plan 
using the report submitted under subsection (a) to expedite the 
processing of the applications described in subsection (b)(2) in the 
case of Iraqis at risk as the United States withdraws from Iraq.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
              FUNDS.

    (a) Specification of Cooperative Threat Reduction Programs.--For 
purposes of section 301 and other provisions of this Act, Cooperative 
Threat Reduction programs are the programs specified in section 1501 of 
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 
2362 note).
    (b) Fiscal Year 2011 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2011 Cooperative Threat 
Reduction funds'' means the funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs shall be available for obligation for fiscal years 
2011, 2012, and 2013.

SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $522,512,000 authorized 
to be appropriated to the Department of Defense for fiscal year 2011 in 
section 301(20) for Cooperative Threat Reduction programs, the 
following amounts may be obligated for the purposes specified:
            (1) For strategic offensive arms elimination in Russia, 
        $66,732,000.
            (2) For strategic nuclear arms elimination in Ukraine, 
        $6,800,000.
            (3) For nuclear weapons storage security in Russia, 
        $9,614,000.
            (4) For nuclear weapons transportation security in Russia, 
        $45,000,000.
            (5) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $79,821,000.
            (6) For biological threat reduction in the former Soviet 
        Union, $209,034,000.
            (7) For chemical weapons destruction, $3,000,000.
            (8) For defense and military contacts, $5,000,000.
            (9) For Global Nuclear Lockdown, $74,471,000.
            (10) For activities designated as Other Assessments/
        Administrative Costs, $23,040,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2011 Cooperative Threat Reduction funds may 
be obligated or expended for a purpose other than a purpose listed in 
paragraphs (1) through (10) of subsection (a) until 15 days after the 
date that the Secretary of Defense submits to Congress a report on the 
purpose for which the funds will be obligated or expended and the 
amount of funds to be obligated or expended. Nothing in the preceding 
sentence shall be construed as authorizing the obligation or 
expenditure of fiscal year 2011 Cooperative Threat Reduction funds for 
a purpose for which the obligation or expenditure of such funds is 
specifically prohibited under this title or any other provision of law.
    (c) Limited Authority to Vary Individual Amounts.--
            (1) In general.--Subject to paragraph (2), in any case in 
        which the Secretary of Defense determines that it is necessary 
        to do so in the national interest, the Secretary may obligate 
        amounts appropriated for fiscal year 2011 for a purpose listed 
        in paragraphs (1) through (10) of subsection (a) in excess of 
        the specific amount authorized for that purpose.
            (2) Notice-and-wait required.--An obligation of funds for a 
        purpose stated in paragraphs (1) through (10) of subsection (a) 
        in excess of the specific amount authorized for such purpose 
        may be made using the authority provided in paragraph (1) only 
        after--
                    (A) the Secretary submits to Congress notification 
                of the intent to do so together with a complete 
                discussion of the justification for doing so; and
                    (B) 15 days have elapsed following the date of the 
                notification.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
            (1) For the Defense Working Capital Funds, $160,965,000.
            (2) For the Defense Working Capital Fund, Defense 
        Commissary, $1,273,571,000.

SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BALANCES.

    (a) Study Required.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Defense shall seek to enter 
into a contract with a federally funded research and development center 
with appropriate expertise in revolving fund financial management to 
carry out a study to determine a sufficient operational level of cash 
that each revolving fund of the Department of Defense should maintain 
in order to sustain a single rate or price throughout the fiscal year.
    (b) Contents of Study.--In carrying out a study pursuant to a 
contract entered into under subsection (a), the federally funded 
research and development center shall--
            (1) qualitatively analyze the operational requirements and 
        inherent risks associated with maintaining a specific level of 
        cash within each revolving fund of the Department;
            (2) for each such revolving fund, take into consideration 
        any effects on appropriation accounts that have occurred due to 
        changes made in the rates charged by the fund during a fiscal 
        year;
            (3) take into consideration direct input from the Secretary 
        of Defense and officials of each of the military departments 
        with leadership responsibility for financial management;
            (4) examine the guidance provided and regulations 
        prescribed by the Secretary of Defense and the Secretary of 
        each of the military departments, as in effect on the date of 
        the enactment of this Act, including such guidance with respect 
        to programming and budgeting and the annual budget displays 
        provided to Congress;
            (5) examine the effects on appropriations accounts that 
        have occurred due to congressional adjustments relating to 
        excess cash balances in revolving funds;
            (6) identify best business practices from the private 
        sector relating to sufficient cash balance reserves;
            (7) examine any relevant applicable laws, including the 
        relevant body of work performed by the Government 
        Accountability Office; and
            (8) address--
                    (A) instances where the fiscal policy of the 
                Department of Defense directly follows the law, as in 
                effect on the date of the enactment of this Act, and 
                instances where such policy is more restrictive with 
                respect to the fiscal management of revolving funds 
                than such law requires;
                    (B) instances where current Department fiscal 
                policy restricts the capability of a revolving fund to 
                achieve the most economical and efficient organization 
                and operation of activities;
                    (C) fiscal policy adjustments required to comply 
                with recommendations provided in the study, including 
                proposed adjustments to--
                            (i) the Department of Defense Financial 
                        Management Regulation;
                            (ii) published service regulations and 
                        instructions; and
                            (iii) major command fiscal guidance; and
                    (D) such other matters as determined relevant by 
                the center carrying out the study.
    (c) Availability of Information.--The Secretary of Defense and the 
Secretary of each of the military departments shall make available to a 
federally funded research and development center carrying out a study 
pursuant to a contract entered into under subsection (a) all necessary 
and relevant information to allow the center to conduct the study in a 
quantitative and analytical manner.
    (d) Report.--Any contract entered into under subsection (a) shall 
provide that not later than 9 months after the date on which the 
Secretary of Defense enters into the contract, the chief executive 
officer of the entity that carries out the study pursuant to the 
contract shall submit to the Committees on Armed Services of the Senate 
and House of Representatives and the Secretary of Defense a final 
report on the study. The report shall include each of the following:
            (1) A description of the revolving fund environment, as of 
        the date of the conclusion of the study, and the anticipated 
        future environment, together with the quantitative data used in 
        conducting the assessment of such environments under the study.
            (2) Recommended fiscal policy adjustments to support the 
        initiatives identified in the study, including adjustments to--
                    (A) the Department of Defense Financial Management 
                Regulation;
                    (B) published service regulations and instructions; 
                and
                    (C) major command fiscal guidance.
            (3) Recommendations with respect to any changes to any 
        applicable law that would be appropriate to support the 
        initiatives identified in the study.
    (e) Submittal of Comments.--Not later than 90 days after the date 
of the submittal of the report under subsection (d), the Secretary of 
Defense and the Secretaries of each of the military departments shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives comments on the findings and recommendations contained 
in the report.

SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL FUND REQUIREMENTS.

    Section 2208 of title 10, United States Code, is amended--
            (1) in subsection (c)(1), by striking ``or used'' and 
        inserting ``used, or developed through continuous technology 
        refreshment''; and
            (2) in subsection (k)(2), by striking ``$100,000'' and 
        inserting ``$250,000''.

SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON 
              RESERVATION MAINTENANCE REVOLVING FUND.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Defense shall transfer $77,000,000 from the 
unobligated balances of the Pentagon Reservation Maintenance Revolving 
Fund established under section 2674(e) of title 10, United States Code, 
to the Miscellaneous Receipts Fund of the United States Treasury.

SEC. 1405. NATIONAL DEFENSE SEALIFT FUND.

    Funds are hereby authorized to be appropriated for the fiscal year 
2011 for the National Defense Sealift Fund in the amount of 
$934,866,000.

SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for the Department of Defense for fiscal year 2011 
for expenses, not otherwise provided for, for Chemical Agents and 
Munitions Destruction, Defense, in the amount of $1,467,307,000, of 
which--
            (1) $1,067,364,000 is for Operation and Maintenance;
            (2) $392,811,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $7,132,000 is for Procurement.
    (b) Use.--Amounts authorized to be appropriated under subsection 
(a) are authorized for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare materiel of the 
        United States that is not covered by section 1412 of such Act.

SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2011 for expenses, not otherwise provided 
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, 
in the amount of $1,131,351,000.

SEC. 1408. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2011 for expenses, not otherwise provided 
for, for the Office of the Inspector General of the Department of 
Defense, in the amount of $283,354,000, of which--
            (1) $282,354,000 is for Operation and Maintenance; and
            (2) $1,000,000 is for Procurement.

SEC. 1409. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2011 for expenses, not otherwise provided 
for, for the Defense Health Program, in the amount of $30,991,952,000, 
of which--
            (1) $29,947,792,000 is for Operation and Maintenance;
            (2) $524,239,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $519,921,000 is for Procurement.

                 Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2011, the 
National Defense Stockpile Manager may obligate up to $41,181,000 of 
the funds in the National Defense Stockpile Transaction Fund 
established under subsection (a) of section 9 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized 
uses of such funds under subsection (b)(2) of such section, including 
the disposal of hazardous materials that are environmentally sensitive.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection 
(a) if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may make the 
additional obligations described in the notification after the end of 
the 45-day period beginning on the date on which Congress receives the 
notification.
    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.

SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY 
              AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.

    Section 3402(b)(5) of the National Defense Authorization Act for 
Fiscal Year 2000 (50 U.S.C. 98d note), as most recently amended by 
section 1412(a) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 418), is amended by striking 
``$710,000,000'' and inserting ``$730,000,000''.

                       Subtitle C--Other Matters

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT 
              HOME.

    There is authorized to be appropriated for fiscal year 2011 from 
the Armed Forces Retirement Home Trust Fund the sum of $71,200,000 for 
the operation of the Armed Forces Retirement Home.

SEC. 1422. PLAN FOR FUNDING FUEL INFRASTRUCTURE SUSTAINMENT, 
              RESTORATION, AND MODERNIZATION REQUIREMENTS.

    Not later than the date on which the President submits to Congress 
the budget for fiscal year 2012 pursuant to section 1105 of title 31, 
United States Code, the Director of the Defense Logistics Agency shall 
submit to the congressional defense committees a report on the fuel 
infrastructure of the Department of Defense. Such report shall include 
projections for fuel infrastructure sustainment, restoration, and 
modernization requirements, and a plan for funding such requirements.

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

SEC. 1501. PURPOSE.

    The purpose of this title is to authorize appropriations for the 
Department of Defense for fiscal year 2011 to provide additional funds 
for overseas contingency operations being carried out by the Armed 
Forces.

SEC. 1502. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for procurement accounts of the Army in amounts as follows:
            (1) For aircraft procurement, $1,373,803,000.
            (2) For missile procurement, $343,828,000.
            (3) For weapons and tracked combat vehicles procurement, 
        $687,500,000.
            (4) For ammunition procurement, $652,491,000.
            (5) For other procurement, $5,865,446,000.

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2011 for the Joint Improvised 
Explosive Device Defeat Fund in the amount of $3,464,368,000.
    (b) Use and Transfer of Funds.--Subsections (b) and (c) of section 
1514 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by section 
1503 of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110-417; 122 Stat. 4649), shall apply to the 
funds appropriated pursuant to the authorization of appropriations in 
subsection (a) and made available to the Department of Defense for the 
Joint Improvised Explosive Device Defeat Fund.
    (c) Monthly Obligations and Expenditure Reports.--Not later than 15 
days after the end of each month of fiscal year 2011, the Secretary of 
Defense shall provide to the congressional defense committees a report 
on the Joint Improvised Explosive Device Defeat Fund explaining monthly 
commitments, obligations, and expenditures by line of action.

SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for procurement accounts of the Navy and Marine Corps in amounts as 
follows:
            (1) For aircraft procurement, Navy, $843,358,000.
            (2) For weapons procurement, Navy, $93,425,000.
            (3) For ammunition procurement, Navy and Marine Corps, 
        $565,084,000.
            (4) For other procurement, Navy, $480,735,000.
            (5) For procurement, Marine Corps, $1,854,243,000.

SEC. 1505. AIR FORCE PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for procurement accounts of the Air Force in amounts as follows:
            (1) For aircraft procurement, $1,096,520,000.
            (2) For ammunition procurement, $292,959,000.
            (3) For missile procurement, $56,621,000.
            (4) For other procurement, $3,087,481,000.

SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the procurement account for Defense-wide activities in the amount 
of $1,376,046,000.

SEC. 1507. IRON DOME SHORT-RANGE ROCKET DEFENSE PROGRAM.

    Of the funds authorized to be appropriated by section 1506 for the 
procurement account for Defense-wide activities, the Secretary of 
Defense may provide up to $205,000,000 to the government of Israel for 
the procurement of the Iron Dome defense system to counter short-range 
rocket threats.

SEC. 1508. NATIONAL GUARD AND RESERVE EQUIPMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the procurement of aircraft, missiles, wheeled and tracked combat 
vehicles, tactical wheeled vehicles, ammunition, other weapons, and 
other procurement for the reserve components of the Armed Forces in the 
amount of $700,000,000.

SEC. 1509. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of 
$3,415,000,000.

SEC. 1510. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $112,734,000.
            (2) For the Navy, $60,401,000.
            (3) For the Air Force, $266,241,000.
            (4) For Defense-wide activities, $657,240,000.

SEC. 1511. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Armed Forces for expenses, not otherwise provided 
for, for operation and maintenance, in amounts as follows:
            (1) For the Army, $62,202,618,000.
            (2) For the Navy, $8,946,634,000.
            (3) For the Marine Corps, $4,136,522,000.
            (4) For the Air Force, $13,487,283,000
            (5) For Defense-wide activities, $9,426,358,000.
            (6) For the Army Reserve, $286,950,000.
            (7) For the Navy Reserve, $93,559,000.
            (8) For the Marine Corps Reserve, $29,685,000.
            (9) For the Air Force Reserve, $129,607,000.
            (10) For the Army National Guard, $544,349,000.
            (11) For the Air National Guard, $350,823,000.
            (12) For the Afghanistan Security Forces Fund, 
        $10,964,983,000.
            (13) For the Iraq Security Forces Fund, $2,000,000,000.
            (14) For the Overseas Contingency Operations Transfer Fund, 
        $506,781,000.

SEC. 1512. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY 
              FORCES FUND.

    Funds appropriated pursuant to the authorization of appropriations 
for the Afghanistan Security Forces Fund in section 1511(12) shall be 
subject to the conditions contained in subsections (b) through (g) of 
section 1513 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 428).

SEC. 1513. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

    (a) Application of Existing Limitations.--Subject to subsection 
(b), funds made available to the Department of Defense for the Iraq 
Security Forces Fund for fiscal year 2011 shall be subject to the 
conditions contained in subsections (b) through (g) of section 1512 of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 426).
    (b) Cost-share Requirement.--
            (1) Requirement.--If funds made available to the Department 
        of Defense for the Iraq Security Forces Fund for fiscal year 
        2011 are used for the purchase of any item or service for Iraq 
        Security Forces, the funds may not cover more than 80 percent 
        of the cost of the item or service.
            (2) Exception.--Paragraph (1) does not apply to any item 
        that the Secretary of Defense determines--
                    (A) is an item of significant military equipment 
                (as such term is defined in section 47(9) of the Arms 
                Export Control Act (22 U.S.C. 2794(9))); or
                    (B) is included on the United States Munitions 
                List, as designated pursuant to section 38(a)(1) of the 
                Arms Export Control Act (22 U.S.C. 2778(a)(1)).

SEC. 1514. MILITARY PERSONNEL.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
to the Department of Defense for military personnel accounts in the 
total amount of $15,275,502,000.

SEC. 1515. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for providing capital for working capital and 
revolving funds in the amount of $485,384,000.

SEC. 1516. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2011 for expenses, not otherwise provided 
for, for the Defense Health Program in the amount of $1,398,092,000 for 
operation and maintenance.

SEC. 1517. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2011 for expenses, not otherwise provided 
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide in 
the amount of $457,110,000.

SEC. 1518. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2011 for expenses, not otherwise provided 
for, for the Office of the Inspector General of the Department of 
Defense in the amount of $10,529,000.

SEC. 1519. CONTINUATION OF PROHIBITION ON USE OF UNITED STATES FUNDS 
              FOR CERTAIN FACILITIES PROJECTS IN IRAQ.

    Section 1508(a) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4651) shall 
apply to funds authorized to be appropriated by this title.

SEC. 1520. AVAILABILITY OF FUNDS FOR RAPID FORCE PROTECTION IN 
              AFGHANISTAN.

    (a) Availability of Funds.--Of the funds authorized to be 
appropriated by section 1511(5) for operation and maintenance for 
Defense-wide activities, the Secretary of Defense may obligate up to 
$200,000,000 during fiscal year 2011 to address urgent force protection 
requirements facing United States military forces in Afghanistan, as 
identified by the Commander of United States Forces-Afghanistan.
    (b) Use of Rapid Acquisition Authority.--To carry out this section, 
the Secretary of Defense shall utilize the rapid acquisition authority 
available to the Secretary.
    (c) Use of Transfer Authority.--To carry out this section, the 
Secretary of Defense may utilize the transfer authority provided by 
section 1522, subject to the limitation in subsection (a)(2) of such 
section on the total amount of authorizations that may be transferred.

SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are in 
addition to amounts otherwise authorized to be appropriated by this 
Act.

SEC. 1522. SPECIAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this title for fiscal 
        year 2011 between any such authorizations for that fiscal year 
        (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--The total amount of authorizations that 
        the Secretary may transfer under the authority of this section 
        may not exceed $3,500,000,000.
    (b) Terms and Conditions.--Transfers under this section shall be 
subject to the same terms and conditions as transfers under section 
1001.
    (c) Additional Authority.--The transfer authority provided by this 
section is in addition to the transfer authority provided under section 
1001.

SEC. 1523. REPORT ON MINE RESISTANT AMBUSH PROTECTED VEHICLES.

    (a) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the procurement of mine 
resistant ambush protected vehicles.
    (b) Matters Included.--The report under subsection (a) shall 
include the following:
            (1) An evaluation of potential cost benefits and 
        manufacturing efficiencies with respect to mine resistant 
        ambush protected vehicles.
            (2) An evaluation of the advisability and feasibility of 
        sustained low-level production of mine resistant ambush 
        protected vehicles across the industrial base as part of a 
        long-term sustainment fleet integration strategy.

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.

    (a) Sexual Assault Prevention and Response Program Defined.--In 
this title, the term ``sexual assault prevention and response program'' 
refers to Department of Defense policies and programs, including 
policies and programs of a specific military department or Armed Force, 
that are intended to reduce the number of sexual assaults involving 
members of the Armed Forces and improve the response of the department 
to reports of sexual assaults involving members of the Armed Forces, 
whether members of the Armed Forces are the victim, alleged assailant, 
or both.
    (b) Other Definitions.--In this title:
            (1) The term ``Armed Forces'' means the Army, Navy, Air 
        Force, and Marine Corps.
            (2) The term ``department'' has the meaning given that term 
        in section 101(a)(6) of title 10, United States Code.
            (3) The term ``military installation'' has the meaning 
        given that term by the Secretary concerned.
            (4) The term ``Secretary concerned'' means--
                    (A) the Secretary of the Army, with respect to 
                matters concerning the Army;
                    (B) the Secretary of the Navy, with respect to 
                matters concerning the Navy and the Marine Corps; and
                    (C) the Secretary of the Air Force, with respect to 
                matters concerning the Air Force.

 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.

    Effective with the Program Objective Memorandum to be issued for 
fiscal year 2012 and thereafter and containing recommended programming 
and resource allocations for the Department of Defense, the Secretary 
of Defense shall specifically address the Department of Defense sexual 
assault prevention and response program to ensure that a separate line 
of funding is allocated to the program.

SEC. 1612. CONSISTENCY IN TERMINOLOGY, POSITION DESCRIPTIONS, PROGRAM 
              STANDARDS, AND ORGANIZATIONAL STRUCTURES.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense shall require the use 
of consistent terminology, position descriptions, minimum program 
standards, and organizational structures throughout the Armed Forces in 
implementing the Department of Defense sexual assault prevention and 
response program.
    (b) Recognizing Operational Differences.--In complying with 
subsection (a), the Secretary of Defense shall take into account the 
responsibilities of the Secretary concerned and operational needs of 
the Armed Force involved.

SEC. 1613. GUIDANCE FOR COMMANDERS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of each military department shall issue guidance to all 
military unit commanders that implementation of the Department of 
Defense sexual assault prevention and response program requires their 
leadership and is their responsibility.

SEC. 1614. COMMANDER CONSULTATION WITH VICTIMS OF SEXUAL ASSAULT.

    Before making a decision regarding how to proceed under the Uniform 
Code of Military Justice in the case of an alleged sexual assault or 
other offense covered by section 920 of title 10, United States Code 
(article 120), the commanding officer shall offer to meet with the 
victim of the offense to determine the opinion of the victim regarding 
case disposition and provide that information to the convening 
authority.

SEC. 1615. OVERSIGHT AND EVALUATION.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Defense shall--
            (1) issue standards to be used to assess and evaluate the 
        effectiveness of the sexual assault prevention and response 
        program of each Armed Force in reducing the number of sexual 
        assaults involving members of the Armed Forces and in improving 
        the response of the department to reports of sexual assaults 
        involving members of the Armed Forces, whether members of the 
        Armed Forces are the victim, alleged assailant, or both; and
            (2) develop measures to ensure that the Armed Forces comply 
        with those standards.

SEC. 1616. SEXUAL ASSAULT REPORTING HOTLINE.

    (a) Availability of Hotline.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
establish a universal hotline to facilitate the reporting of a sexual 
assault--
            (1) by a member of the Armed Forces, whether serving in the 
        United States or overseas, who is a victim of a sexual assault; 
        or
            (2) by any other person who is a victim of a sexual assault 
        involving a member of the Armed Forces.
    (b) Prompt Response.--The Secretary of Defense shall ensure that a 
Sexual Assault Response Coordinator serving in the locality of the 
victim promptly responds to the reporting of a sexual assault using the 
hotline. The Secretary of Defense shall define appropriate localities 
for purposes of this subsection.

SEC. 1617. REVIEW OF APPLICATION OF SEXUAL ASSAULT PREVENTION AND 
              RESPONSE PROGRAM TO RESERVE COMPONENTS.

    (a) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the application of the 
sexual assault prevention and response program for the reserve 
components.
    (b) Contents.--The report required by subsection (a) shall include, 
at a minimum, the following:
            (1) The ability of members of the reserve components to 
        access the services available under the sexual assault 
        prevention and response program, including policies and 
        programs of a specific military department or Armed Force.
            (2) The quality of training provided to Sexual Assault 
        Response Coordinators and Sexual Assault Victim Advocates in 
        the reserve components.
            (3) The degree to which the services available for regular 
        and reserve members under the sexual assault prevention and 
        response program are integrated.
            (4) Such recommendations as the Secretary of Defense 
        considers appropriate on how to improve the services available 
        for reserve members under the sexual assault prevention and 
        response program and their access to the services.

SEC. 1618. REVIEW OF EFFECTIVENESS OF REVISED UNIFORM CODE OF MILITARY 
              JUSTICE OFFENSES REGARDING RAPE, SEXUAL ASSAULT, AND 
              OTHER SEXUAL MISCONDUCT.

    (a) Review Required.--The Secretary of Defense shall conduct a 
review of the effectiveness of section 920 of title 10, United States 
Code (article 120 of the Uniform Code of Military Justice), as amended 
by section 552 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3256). The Secretary shall use 
a panel of military justice experts to conduct the review.
    (b) Submission of Results.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Defense shall submit the 
results of the review to the congressional defense committees.

SEC. 1619. TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT 
              PREVENTION AND RESPONSE PROGRAM.

    (a) Sexual Assault Prevention and Response Training and 
Education.--
            (1) Development of curricula.--Not later than 1 year after 
        the date of the enactment of this Act, the Secretary of each 
        military department shall develop curricula to provide sexual 
        assault prevention and response training and education for 
        members of the Armed Forces under the jurisdiction of the 
        Secretary and civilian employees of the military department to 
        strengthen individual knowledge, skills, and capacity to 
        prevent and respond to sexual assault.
            (2) Scope of training and education.--The sexual assault 
        prevention and response training and education shall encompass 
        initial entry and accession programs, annual refresher 
        training, professional military education, peer education, and 
        specialized leadership training. Training shall be tailored for 
        specific leadership levels and local area requirements.
            (3) Consistent training.--The Secretary of Defense shall 
        ensure that the sexual assault prevention and response training 
        provided to members of the Armed Forces and Department of 
        Defense civilian employees is consistent throughout the 
        military departments.
    (b) Inclusion in Professional Military Education.--The Secretary of 
Defense shall provide for the inclusion of a sexual assault prevention 
and response training module at each level of professional military 
education. The training shall be tailored to the new responsibilities 
and leadership requirements of members of the Armed Forces as they are 
promoted.
    (c) Inclusion in First Responder Training.--
            (1) In general.--The Secretary of Defense shall direct that 
        managers of specialty skills associated with first responders 
        described in paragraph (2) integrate sexual assault response 
        training in initial and recurring training courses.
            (2) Covered first responders.--First responders referred to 
        in paragraph (1) include firefighters, emergency medical 
        technicians, law enforcement officers, military criminal 
        investigators, healthcare personnel, judge advocates, and 
        chaplains.

SEC. 1620. USE OF SEXUAL ASSAULT FORENSIC MEDICAL EXAMINERS.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary of Defense shall provide for the use of forensic medical 
examiners within the Department of Defense who are specially trained 
regarding the collection and preservation of evidence in cases 
involving sexual assault.

SEC. 1621. SEXUAL ASSAULT ADVISORY BOARD.

    (a) Establishment.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense shall establish a 
Sexual Assault Advisory Board, to be modeled after other Defense 
advisory boards, such as the Defense Business Board, the Defense Policy 
Board, or the Defense Science Board.
    (b) Purpose.--The purpose of the Sexual Assault Advisory Board is--
            (1) to advise the Secretary of Defense on the overall 
        Department of Defense sexual assault prevention and response 
        program and its comprehensive prevention strategy and on the 
        effectiveness of the sexual assault prevention and response 
        program of each Armed Force; and
            (2) to make recommendations regarding changes and 
        improvements to the sexual assault prevention and response 
        program.
    (c) Relation to Sexual Assault Prevention and Response Office.--The 
Sexual Assault Advisory Board is not intended to replace the organic 
capabilities that must reside in the Sexual Assault Prevention and 
Response Office, but to ensure that best practices from both the 
civilian and military community perspective are incorporated into the 
design, development, and performance of the sexual assault prevention 
and response program.
    (d) Organization and Membership.--The Sexual Assault Advisory Board 
shall be chaired by the Undersecretary of Defense for Personnel and 
Readiness. The Sexual Assault Advisory Board shall include experts on 
criminal law and sexual assault prevention, response, and training who 
are not members of the Armed Forces or civilian employees of the 
Department of Defense and include representatives from other Federal 
agencies.
    (e) Frequency of Meetings.--The Sexual Assault Advisory Board shall 
meet not less frequently than biannually.

SEC. 1622. DEPARTMENT OF DEFENSE SEXUAL ASSAULT ADVISORY COUNCIL.

    (a) Reorganization.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense shall reorganize the 
Sexual Assault Advisory Council and limit membership on the Sexual 
Assault Advisory Council to Department of Defense personnel.
    (b) Purpose.--The purpose of the Sexual Assault Advisory Council 
is--
            (1) to oversee the Department's overall sexual assault 
        prevention and response Program and its comprehensive 
        prevention strategy;
            (2) to ensure accountability of the sexual assault 
        prevention and response program of each Armed Force;
            (3) to make recommendations regarding changes and 
        improvements to the sexual assault prevention and response 
        program; and
            (4) to identify cross-cutting issues and solutions in the 
        area of sexual assault.
    (c) Organization and Membership.--The Sexual Assault Advisory 
Council shall be chaired by the Deputy Secretary of Defense or the 
designee of the Deputy Secretary. Members shall include, at a minimum, 
the following:
            (1) Principals or deputies from every office within the 
        Office of the Secretary of Defense with responsibilities 
        involving the sexual assault prevention and response program.
            (2) The Assistant Secretary of each of the military 
        departments with responsibility for the sexual assault 
        prevention and response program.
            (3) The Vice Chief of Staff of the Army, the Vice Chief of 
        Naval Operations, the Vice Chief of Staff of the Air Force, and 
        the Assistant Commandant of the Marine Corps.
            (4) A general or flag officer from the staff of each 
        officer specified in paragraph (3) who has responsibility for 
        the sexual assault prevention and response program.
            (5) A general officer from the National Guard Bureau.
    (d) Frequency of Meetings.--The Sexual Assault Advisory Council 
shall meet not less frequently than once each calendar-year quarter.
    (e) Service-level Sexual Assault Advisory Councils.--The Secretary 
of a military department shall establish a sexual assault advisory 
council, comparable to the Sexual Assault Advisory Council required by 
subsection (a), for each Armed Force under the jurisdiction of the 
Secretary.

SEC. 1623. SERVICE-LEVEL SEXUAL ASSAULT REVIEW BOARDS.

    (a) Establishment.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of a military department shall 
establish for each military installation or operational command under 
the jurisdiction of the Secretary a multi-disciplinary group to serve 
as a sexual assault review board.
    (b) Membership.--The chair of a sexual assault review board shall 
be the senior commander, senior deputy commander, or chief of staff. 
Other members should include the Sexual Assault Response Coordinator, 
command legal representative or staff judge advocate, command chaplain, 
and representation of senior commanders or supervisors from the 
Military Criminal Investigative Organizations, military law 
enforcement, medical, alcohol and substance abuse office, and the 
safety office.
    (c) Responsibilities.--A sexual assault review board shall be 
responsible for, at a minimum, addressing safety issues, developing 
prevention strategies, analyzing response processes, community impact 
and overall trends, and identifying training issues. These functions 
should be flexible to accommodate the resources available at different 
installations and operational commands.
    (d) Frequency of Meetings.--A sexual assault review board shall 
meet not less frequently than once each calendar-year quarter.

SEC. 1624. RENEWED EMPHASIS ON ACQUISITION OF CENTRALIZED DEPARTMENT OF 
              DEFENSE SEXUAL ASSAULT DATABASE.

    (a) New Deadline for Acquisition.--Notwithstanding subsection (c) 
of section 563 of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4470), the 
Secretary of Defense shall complete implementation of the centralized 
sexual assault database required by subsection (a) of such section not 
later than September 30, 2011.
    (b) Acquisition Process.--To meet the deadline imposed by 
subsection (a), acquisition best practices associated with successfully 
acquiring and deploying information technology systems related to the 
database, such as economically justifying the proposed system solution 
and effectively developing and managing requirements, shall be 
completed as soon as possible.

  Subtitle B--Sexual Assault Prevention Strategy and Annual Reporting 
                              Requirement

SEC. 1631. COMPREHENSIVE DEPARTMENT OF DEFENSE SEXUAL ASSAULT 
              PREVENTION STRATEGY.

    (a) Strategy Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a comprehensive strategy to reduce the 
number of sexual assaults involving members of the Armed Forces, 
whether members of the Armed Forces are the victim, alleged assailant, 
or both. All activities and programs of a specific military department 
or Armed Force related to preventing sexual assault must align with and 
support the overall comprehensive strategy.
    (b) Coordination With Other Requirements.--In developing the 
comprehensive strategy under subsection (a), the Secretary of Defense 
shall incorporate and build upon--
            (1) the new requirements imposed by this subtitle;
            (2) the policies and procedure developed under section 577 
        of the Ronald W. Reagan National Defense Authorization Act for 
        Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 113 note); and
            (3) the prevention and response plan developed under 
        section 567(a) of the National Defense Authorization Act for 
        Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2313).
    (c) Implementation of Strategy.--Not later than 6 months after the 
submission of the comprehensive strategy prepared under subsection (a), 
the Secretary of Defense shall complete implementation of the 
comprehensive strategy throughout the Department of Defense.
    (d) Sexual Assault Prevention Evaluation Plan.--
            (1) Plan required.--The Secretary of Defense shall develop 
        and implement an evaluation plan for assessing the 
        effectiveness of the comprehensive strategy prepared under 
        subsection (a) its intended outcomes at the Department of 
        Defense and individual Armed Force levels.
            (2) Commander role.--As a component of the evaluation plan, 
        the commander of each military installation and the commander 
        of each unified or specified combatant command shall assess the 
        adequacy of measures undertaken at facilities under the 
        authority of the commander to ensure the safest and most secure 
        living and working environments with regard to preventing 
        sexual assault.
            (3) Submission of results.--The results of assessments 
        conducted under the evaluation plan shall be included in the 
        annual report required by section 1632, beginning with the 
        report required to be submitted in calendar year 2012.

SEC. 1632. ANNUAL REPORT ON SEXUAL ASSAULTS INVOLVING MEMBERS OF THE 
              ARMED FORCES AND SEXUAL ASSAULT PREVENTION AND RESPONSE 
              PROGRAM.

    (a) Annual Report on Sexual Assaults.--Not later than January 15 of 
each year, the Secretary of each military department shall submit to 
the Secretary of Defense a report on the sexual assaults involving 
members of the Armed Forces under the jurisdiction of that Secretary 
during the preceding year. In the case of the Secretary of the Navy, 
separate reports shall be prepared for the Navy and for the Marine 
Corps.
    (b) Contents.--The report of a Secretary of a military department 
on an Armed Force under subsection (a) shall contain the following:
            (1) The number of sexual assaults committed against members 
        of the Armed Force that were reported to military officials 
        during the year covered by the report, and the number of the 
        cases so reported that were founded.
            (2) The number of sexual assaults committed by members of 
        the Armed Force that were reported to military officials during 
        the year covered by the report, and the number of the cases so 
        reported that were founded. The information required by this 
        paragraph shall not be combined with the information required 
        by paragraph (1).
            (3) A synopsis of each such founded case, organized by 
        offense, and, for each such case, the disciplinary action taken 
        in the case, including the type of disciplinary or 
        administrative sanction imposed, if any.
            (4) The policies, procedures, and processes implemented by 
        the Secretary concerned during the year covered by the report 
        in response to incidents of sexual assault involving members of 
        the Armed Force concerned.
            (5) The number of founded sexual assault cases in which the 
        victim is a deployed member of the Armed Forces and the 
        assailant is a foreign national, and the policies, procedures, 
        and processes implemented by the Secretary concerned to monitor 
        the investigative process and disposition of such cases and to 
        eliminate any gaps in investigating and adjudicating such 
        cases.
            (6) A description of the implementation during the year 
        covered by the report of the tracking system implemented 
        pursuant to section 596(a) of the National Defense 
        Authorization Act for Fiscal Year 2006 (Public Law 109-163; 10 
        U.S.C. 113 note), including information collected on cases 
        during that year in which care to a victim of rape or sexual 
        assault was hindered by the lack of availability of a rape kit 
        or other needed supplies or by the lack of timely access to 
        appropriate laboratory testing resources.
            (7) A description of the implementation during the year 
        covered by the report of the accessibility plan implemented 
        pursuant to section 596(b) of such Act, including a description 
        of the steps taken during that year to provide that trained 
        personnel, appropriate supplies, and transportation resources 
        are accessible to deployed units in order to provide an 
        appropriate and timely response in any case of reported sexual 
        assault in a deployed unit.
            (8) A description of the required supply inventory, 
        location, accessibility, and availability of supplies, trained 
        personnel, and transportation resources needed, and in fact in 
        place, in order to be able to provide an appropriate and timely 
        response in any case of reported sexual assault in a deployed 
        unit.
            (9) A plan for the actions that are to be taken in the year 
        following the year covered by such report on reducing the 
        number of sexual assaults involving members of the Armed Forces 
        concerned and improving the response to sexual assaults 
        involving members of the Armed Forces concerned.
            (10) The results of the most recent biennial gender-
        relations survey of an adequate sample of members to evaluate 
        and improve the sexual assault prevention and response program.
    (c) Verification.--The Office of the Judge Advocate General of an 
Armed Force (or, in the case of the Marine Corps, the Office of the 
Staff Judge Advocate to the Commandant of the Marine Corps) shall 
verify the accuracy of the information required by paragraphs (1), (2), 
(3), and (5) of subsection (b), including courts-martial data.
    (d) Consistent Definition of Founded.--Not later than 1 year after 
the date of the enactment of this Act, the Secretary of Defense shall 
establish a consistent definition of ``founded'' for purposes of 
paragraphs (1), (2), (3), and (5) of subsection (b) and require that 
military criminal investigative organizations only provide synopses for 
those cases for the preparation of reports under this section.
    (e) Assessment Component.--Each report under subsection (a) shall 
include an assessment by the Secretary concerned of the implementation 
during the preceding fiscal year of the sexual assault prevention and 
response program in order to determine the effectiveness of the program 
during such fiscal year in providing an appropriate response to sexual 
assaults involving members of the Armed Forces.
    (f) Submission to Congress.--The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives each report prepared under subsection (a), together 
with the comments of the Secretary of Defense on the report. The 
Secretary of Defense shall submit each such report not later than March 
15 of the year following the year covered by the report.
    (g) Repeal of Superseded Reporting Requirement.--Section 577 of the 
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108-375; 10 U.S.C. 113 note) is amended by striking 
subsection (f).

                   Subtitle C--Amendments to Title 10

SEC. 1641. SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.

    (a) Appointment of Director; Duties.--Chapter 4 of title 10, United 
States Code, as amended by section 902, is amended by inserting after 
section 139 the following new section:
``Sec. 139a. Director of Sexual Assault Prevention and Response Office
    ``(a) Appointment.--There is a Director of the Sexual Assault 
Prevention and Response Office who shall be a general or flag officer 
or an employee of the Department of Defense in a comparable Senior 
Executive Service position.
    ``(b) Duties.--The Director of the Sexual Assault Prevention and 
Response Office serves as the single point of authority, 
accountability, and oversight for the Department of Defense sexual 
assault prevention and response program and provides oversight to 
ensure that the military departments comply with the program.
    ``(c) Role of Inspectors General.--The Inspector General of the 
Department of Defense, the Inspector General of the Army, the Naval 
Inspector General, and the Inspector General of the Air Force shall 
include sexual assault prevention and response programs within the 
scope of their assessments. The Inspector General teams shall include 
at least one member with expertise and knowledge of sexual assault 
prevention and response policies related to a specific armed force.
    ``(d) Definitions.--In this section:
            ``(1) The term `armed forces' means the Army, Navy, Air 
        Force, and Marine Corps.
            ``(2) The term `sexual assault prevention and response 
        program' refers to Department of Defense policies and programs, 
        including policies and programs of a specific military 
        department or the that are intended to reduce the number of 
        sexual assaults involving members of the armed forces and 
        improve the response of the department to reports of sexual 
        assaults involving members of the armed forces, whether members 
        of the armed forces are the victim, alleged assailant, or 
        both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
139 the following new item:

``139a. Director of Sexual Assault Prevention and Response Office.''.

SEC. 1642. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT 
              VICTIM ADVOCATES.

    (a) Assignment and Training.--Chapter 80 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 1568. Sexual assault prevention and response: Sexual Assault 
              Response Coordinators and Victim Advocates
    ``(a) Assignment of Coordinators.--(1) At least one full-time 
Sexual Assault Response Coordinator shall be assigned to each brigade 
or equivalent or higher unit level of the armed forces. The Secretary 
of the military department concerned may assign additional Sexual 
Assault Response Coordinators as necessary based on the demographics or 
needs of the unit. The additional Sexual Assault Response Coordinator 
may serve on a full-time or part-time basis at the discretion of the 
Secretary.
    ``(2) Effective October 1, 2013, only members of the armed forces 
and civilian employees of the Department of Defense may be assigned to 
duty as a Sexual Assault Response Coordinator. After that date, 
contractor employees may serve as a Sexual Assault Response Coordinator 
only on a temporary basis, as determined by the Secretary of Defense.
    ``(b) Assignment of Victim Advocates.--(1) At least one full-time 
Sexual Assault Victim Advocate shall be assigned to each brigade or 
equivalent or higher unit level of the armed forces. The Secretary of 
the military department concerned may assign additional Victim 
Advocates as necessary based on the demographics or needs of the unit. 
The additional Victim Advocates may serve on a full-time or part-time 
basis at the discretion of the Secretary.
    ``(2) Only members of the armed forces and civilian employees of 
the Department of Defense may be assigned to duty as a Victim Advocate. 
Contractor employees may serve as a Victim Advocate only on a temporary 
basis, as determined by the Secretary of Defense.
    ``(c) Deployable Coordinators and Victim Advocates.--(1) The 
Secretary of a military department shall assign members of the armed 
forces under the jurisdiction of the Secretary to serve as a deployable 
Sexual Assault Response Coordinator or Sexual Assault Victim Advocate 
when a Sexual Assault Response Coordinator assigned to a unit under 
subsection (a) or a Sexual Assault Victim Advocate assigned to a unit 
under subsection (b) is not deployed with the unit.
    ``(2) A deployable Sexual Assault Response Coordinator or 
deployable Sexual Assault Victim Advocate may serve on a full-time or 
part-time basis at the discretion of the Secretary.
    ``(d) Training and Certification.--(1) As part of the sexual 
assault prevention and response program, the Secretary of Defense shall 
establish a professional and uniform training and certification program 
for Sexual Assault Response Coordinators assigned under subsection (a) 
and Sexual Assault Victim Advocates assigned under subsection (b). The 
program shall be structured and administered in a manner similar to the 
professional training available for Equal Opportunity Advisors through 
the Defense Equal Opportunity Management Institute.
    ``(2) Effective beginning 1 year after the date of the enactment of 
this section, before a member or civilian employee may be assigned to 
duty as a Sexual Assault Response Coordinator under subsection (a), the 
member or employee must have completed the training program required by 
paragraph (1) and obtained the certification.
    ``(3) A member or civilian employee assigned to duty as a Victim 
Advocate under subsection (b) may obtain certification under the 
training program required by paragraph (1). At a minimum, the Sexual 
Assault Response Coordinator to whom a Victim Advocate reports shall 
train the Victim Advocate using the same training materials used to 
train the Sexual Assault Response Coordinator under the program.
    ``(4) Deployable Sexual Assault Response Coordinators and 
deployable Sexual Assault Victim Advocates shall receive training from 
a designated Sexual Assault Response Coordinator or Sexual Assault 
Victim Advocate on their specific roles and responsibilities before 
assuming such responsibilities.
    ``(e) Access to Commanders and Units.--(1) The Secretaries of the 
military departments shall ensure that a Sexual Assault Response 
Coordinator, including a deployable Sexual Assault Response Coordinator 
assigned under subsection (c), has direct access to senior commanders 
and any other commander within the unit or geographical area of 
responsibility of the Sexual Assault Response Coordinator.
    ``(2) A Sexual Assault Response Coordinator may work with 
supporting medical staff, mental health staff, and chaplains to offer 
unit counseling options for commanders of units in which a sexual 
assault involving a member of the armed forces occurs.
    ``(f) Sexual Assault Response Teams Responsible for Overseeing 
Unrestricted Reported Cases.--
            ``(1) Response team protocol.--Not later than 1 year after 
        the date of the enactment of this section, the Secretary of 
        Defense shall develop and implement a protocol for the 
        establishment and use of sexual assault response teams 
        throughout the Department of Defense.
            ``(2) Emergency response.--A sexual assault response team 
        shall be led by a Sexual Assault Response Coordinator and 
        convene as soon as practicable after a reported sexual assault 
        involving a member of the armed forces.
            ``(3) Other elements.--At a minimum, the protocol for 
        sexual assault response teams shall also provide for--
                    ``(A) in addition to meetings required by paragraph 
                (2), monthly meetings to review individual cases, 
                facilitate timely victim updates, and ensure system 
                coordination, accountability (to include tracking case 
                adjudication), and victim access to quality services; 
                and
                    ``(B) depending on the resources available at 
                different locations, membership drawn from the relevant 
                military criminal investigator, medical personnel, 
                chaplain, trial counsel, and Sexual Assault Victim 
                Advocate.
            ``(4) Command involvement.--Within the first 3 months of 
        assuming a command, the commander shall attend a meeting of 
        their command's sexual assault response team occurring after 
        the commander's assumption of command. The Secretary of Defense 
        shall provide for the inclusion of a sexual assault prevention 
        and response training module as part of commanders pre-command 
        courses.
    ``(g) Prohibition on Use of Inspector General Personnel.--Personnel 
of the Inspector General of the Department of Defense, the Inspector 
General of the Army, the Naval Inspector General, and the Inspector 
General of the Air Force may not perform Sexual Assault Response 
Coordinator duties.
    ``(h) Definitions.--In this section:
            ``(1) The term `armed forces' means the Army, Navy, Air 
        Force, and Marine Corps.
            ``(2) The term `sexual assault prevention and response 
        program' refers to Department of Defense policies and programs, 
        including policies and programs of a specific military 
        department or the that are intended to reduce the number of 
        sexual assaults involving members of the armed forces and 
        improve the response of the department to reports of sexual 
        assaults involving members of the armed forces, whether members 
        of the armed forces are the victim, alleged assailant, or 
        both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1568. Sexual assault prevention and response: Sexual Assault Response 
                            Coordinators and Victim Advocates.''.

SEC. 1643. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL COUNSEL AND VICTIM 
              ADVOCATE SERVICES.

    (a) Access.--Chapter 53 of title 10, United States Code, is amended 
by inserting after section 1044d the following new section:
``Sec. 1044e. Access to legal assistance and Victim Advocate services 
              for victims of sexual assault
    ``(a) Availability of Legal Assistance and Victim Advocate 
Services.--
            ``(1) Members.--A member of the armed forces or a dependent 
        of a member of the armed forces who is the victim of a sexual 
        assault is entitled to--
                    ``(A) legal assistance provided by a military legal 
                assistance counsel certified as competent to provide 
                such duties pursuant to section 827(b) of this title 
                (article 27(b) of the Uniform Code of Military 
                Justice); and
                    ``(B) assistance provided by a qualified Sexual 
                Assault Victim Advocate.
            ``(2) Dependents.--To the extent practicable, the Secretary 
        of a military department shall make the assistance described in 
        paragraph (1) available to dependent of a member of the armed 
        forces who is the victim of a sexual assault and resides on or 
        in the vicinity of a military installation. The Secretary 
        concerned shall define the term `vicinity' for purposes of this 
        paragraph.
            ``(3) Notice of availability of assistance; opt out.--The 
        member or dependent shall be informed of the availability of 
        assistance under this subsection as soon as the member or 
        dependent seeks assistance from a Sexual Assault Response 
        Coordinator or any other responsible member of the armed forces 
        or Department of Defense civilian employee. The victim shall 
        also be informed that the legal assistance and services of a 
        Sexual Assault Response Coordinator and Sexual Assault Victim 
        Advocate are optional and these services may be declined, in 
        whole or in part, at any time.
            ``(4) Nature of reporting immaterial.--In the case of a 
        member of the armed forces, access to legal assistance and 
        Victim Advocate services is available regardless of whether the 
        member elects unrestricted or restricted (confidential) 
        reporting of the sexual assault.
            ``(5) Rule of construction.--Nothing in this subsection 
        shall be construed to establish an attorney-client 
        relationship.
    ``(b) Restricted Reporting Option.--
            ``(1) Availability of restricted reporting.--A member of 
        the armed forces who is the victim of a sexual assault may 
        confidentially disclose the details of the assault to an 
        individual specified in paragraph (2) and receive medical 
        treatment, legal assistance, or counseling, without triggering 
        an official investigation of the allegations.
            ``(2) Persons covered by restricted reporting.--Individuals 
        covered by paragraph (1) are the following:
                    ``(A) Military legal assistance counsel.
                    ``(B) Sexual Assault Response Coordinator.
                    ``(C) Sexual Assault Victim Advocate.
                    ``(D) Healthcare personnel.
                    ``(E) Chaplain.
            ``(3) Importance of contacting sexual assault response 
        coordinator.--The Secretary of Defense shall ensure that all 
        sexual assault prevention and response training emphasizes the 
        importance of immediately contacting a Sexual Assault Response 
        Coordinator after a sexual assault to ensure that the victim 
        preserves the restricted reporting option and receives guidance 
        on available services and victim care. A member's 
        responsibility to report a sexual assault is satisfied by 
        informing the Sexual Assault Response Coordinator, in addition 
        to or in lieu of informing the member's commander or military 
        law enforcement.
    ``(c) Clarification of Victim Option to Participate in 
Investigation.--The Secretary of Defense shall implement a Sexual 
Assault Response Coordinator-led process by which a member or dependent 
referred to in subsection (a) may decline to participate in the 
investigation of the sexual assault. The member or dependent, after 
consultation with a Sexual Assault Victim Advocate or Sexual Assault 
Response Coordinator, or both, may complete a form indicating a 
preference not to participate further in the investigative process.
    ``(d) Definitions.--In this section:
            ``(1) The term `sexual assault' includes any of the 
        offenses covered by section 920 of this title (article 120).
            ``(2) The term `military legal assistance counsel' means--
                    ``(A) a judge advocate (as defined in section 
                801(13) of this title (article 1(13) of the Uniform 
                Code of Military Justice)); or
                    ``(B) a civilian attorney serving as a legal 
                assistance officer under the provisions of section 1044 
                of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1044d the following new item:

``1044e. Access to legal assistance and Victim Advocate services for 
                            victims of sexual assault.''.
    (c) Conforming Amendment Regarding Provision of Legal Counsel.--
Section 1044(d)(3)(B) of such title is amended by striking ``sections 
1044a, 1044b, 1044c, and 1044d'' and inserting ``sections 1044a through 
1044e''.

SEC. 1644. NOTIFICATION OF COMMAND OF OUTCOME OF COURT-MARTIAL 
              INVOLVING CHARGES OF SEXUAL ASSAULT.

    Section 853 of title 10, United States Code (article 53 of the 
Uniform Code of Military Justice), is amended--
            (1) by inserting ``(a) Announcement to Parties.--'' before 
        ``A court-martial''; and
            (2) by adding at the end the following new subsection:
    ``(b) Dissemination of Results to Command in Certain Cases.--In the 
case of an alleged sexual assault or other offense covered by section 
920 of this title (article 120), the trial counsel shall notify the 
servicing staff judge advocate at the military installation, who shall 
notify the convening authority and commanders, as appropriate. In 
consultation with the servicing staff judge advocate, the commanding 
officer shall notify members of the command of the outcome of the 
case.''.

SEC. 1645. COPY OF RECORD OF COURT-MARTIAL TO VICTIM OF SEXUAL ASSAULT 
              INVOLVING A MEMBER OF THE ARMED FORCES.

    Section 854 of title 10, United States Code (article 54 of the 
Uniform Code of Military Justice), is amended by adding at the end the 
following new subsection:
    ``(e) In the case of a general or special court-martial involving a 
sexual assault or other offense covered by section 920 of this title 
(article 120), a copy of the prepared record of the proceedings of the 
court-martial shall be given to the victim of the offence if the victim 
testified during the proceedings. The record of the proceedings shall 
be provided without charge and as soon as the record is authenticated. 
The victim shall be notified of the opportunity to receive the record 
of the proceedings.''.

SEC. 1646. MEDICAL CARE FOR VICTIMS OF SEXUAL ASSAULT.

    (a) Medical Care and Records.--Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1074l the following 
new section:
``Sec. 1074m. Medical care for members who are victims of sexual 
              assault
    ``(a) Medical Care.--(1) The Secretary of Defense shall establish 
protocols for providing medical care to a member of the armed forces 
who is a victim of a sexual assault, including protocols with respect 
to the appropriate screening, prevention, and mitigation of diseases.
    ``(2) In establishing the protocols under paragraph (1), the 
Secretary shall take into consideration the sex of the member of the 
armed forces.
    ``(b) Medical Records.--The Secretary shall ensure that--
            ``(1) an accurate and complete medical record is made for 
        each member of the armed forces who is a victim of a sexual 
        assault with respect to the physical and mental condition of 
        the member resulting from the assault; and
            ``(2) such record complies with the requirement for 
        confidentiality in making a restricted report under section 
        1044e(b) of this title.
    ``(c) Restricted Reporting.--Nothing in this section shall be 
construed as affecting the right of a member of the armed forces to 
make a restricted report under section 1044e(b) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1074l the following new item:

``1074m. Medical care for members who are victims of sexual assault.''.

SEC. 1647. PRIVILEGE AGAINST DISCLOSURE OF CERTAIN COMMUNICATIONS WITH 
              SEXUAL ASSAULT VICTIM ADVOCATES.

    (a) Privilege Established.--
            (1) In general.--Chapter 53 of title 10, United States Code 
        is amended by inserting after section 1034a the following new 
        section:
``Sec. 1034b. Privilege against disclosure of certain communications 
              with Sexual Assault Victim Advocates
    ``A confidential communication between the victim of a sexual 
assault or other offense covered by section 920 of this title (article 
120 of the Uniform Code of Military Justice) and a Sexual Assault 
Victim Advocate assigned under section 1568 of this title, including a 
deployable Sexual Assault Victim Advocate, shall be treated in the same 
manner as a confidential communication between a patient and a 
psychiatrist for purposes of any privilege which may attach to such a 
communication.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 1034a the following new item:

``1034b. Privilege against disclosure of certain communications with 
                            Sexual Assault Victim Advocates.''.
    (b) Applicability.--Section 1034b of title 10, United States Code, 
as added by subsection (a), applies to communications described in such 
section whether made before, on, or after the date of the enactment of 
this Act.

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.

    (a) In General.--Chapter 39 of title 10, United States Code, is 
amended by inserting after section 672 the following new section:
``Sec. 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
    ``(a) Expedited Consideration and Priority for Approval.--To the 
maximum extent practicable, the Secretary concerned shall provide for 
the expedited consideration and approval of an application for 
consideration of a permanent change of station or unit transfer 
submitted by a member of the armed forces serving on active duty who 
was a victim of a sexual assault or other offense covered by section 
920 of this title (article 120) so as to reduce the possibility of 
retaliation against the member for reporting the sexual assault.
    ``(b) Regulations.-- The Secretaries of the military departments 
shall issue regulations to carry out this section, within guidelines 
provided by the Secretary of Defense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
672 the following new 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.''.

                       Subtitle D--Other Matters

SEC. 1661. RECRUITER SELECTION AND OVERSIGHT.

    (a) Screening, Training, and Oversight of Recruiters.--The 
Secretaries of the military departments shall ensure effective 
recruiter selection and oversight with regard to sexual assault 
prevention and response by ensuring that--
            (1) recruiters are screened and trained under the sexual 
        assault prevention and response program;
            (2) sexual assault prevention and response program 
        information is disseminated to recruiters and potential 
        recruits for the Armed Forces; and
            (3) oversight is in place to preclude the potential for 
        sexual misconduct by recruiters.
    (b) Improved Awareness of Recruits.--Commanders of recruiting 
organizations and Military Entrance Processing Stations shall ensure 
that sexual assault prevention and response awareness campaign 
materials are available and posted in locations visible to potential 
and actual recruits for the Armed Forces.

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.

    (a) Notification of Extent of Current Services.--Not later than 90 
days after the date of the enactment of this Act, the Secretary of 
Defense shall revise materials made available under the sexual assault 
prevention and response program to include information on the extent to 
which dependents of members of the Armed Forces, retired members, 
Department of Defense civilian employees, and employees of defense 
contractors are eligible for sexual assault prevention and response 
services under the sexual assault prevention and response program.
    (b) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the feasibility of 
extending all sexual assault prevention and response services available 
for a member of the Armed Forces who is the victim of a sexual assault 
to persons referred to in subsection (a).

SEC. 1663. APPLICATION OF SEXUAL ASSAULT PREVENTION AND RESPONSE 
              PROGRAM IN TRAINING ENVIRONMENTS.

    The Secretaries of the military departments shall ensure that a 
member of the Armed Forces who is a victim of a sexual assault in a 
training environment is provided, to the maximum extent possible, with 
confidential access to victim support services and afforded time for 
recovery. The member should not be required to repeat training unless 
the time needed for support services and recovery significantly 
interferes with the progress of the member's training.

SEC. 1664. APPLICATION OF SEXUAL ASSAULT PREVENTION AND RESPONSE 
              PROGRAM IN REMOTE ENVIRONMENTS AND JOINT BASING 
              SITUATIONS.

    (a) Remote and Deployed Environments.--The Secretary of Defense and 
the combatant commanders shall ensure that the sexual assault 
prevention and response program continues to operate even in remote 
environments in which members of the Armed Forces are deployed, 
including coalition operations.
    (b) Joint Basing.--The Secretary of Defense shall monitor the 
implementation of the sexual assault prevention and response program 
and military justice and jurisdiction issues at joint basing locations. 
Elements of the Armed Forces sharing a joint base location shall 
closely collaborate on sexual assault prevention and response issues to 
ensure consistency in approach and messages at the joint base location.

                TITLE XVII--FEDERAL INFORMATION SECURITY

          Subtitle A--Federal Information Security Amendments

SEC. 1701. COORDINATION OF FEDERAL INFORMATION POLICY.

    Chapter 35 of title 44, United States Code, is amended by striking 
subchapters II and III and inserting the following:

                 ``SUBCHAPTER II--INFORMATION SECURITY

``Sec. 3551. Purposes
    ``The purposes of this subchapter are to--
            ``(1) provide a comprehensive framework for ensuring the 
        effectiveness of information security controls over information 
        resources that support Federal operations and assets;
            ``(2) recognize the highly networked nature of the current 
        Federal computing environment and provide effective 
        Governmentwide management and oversight of the related 
        information security risks, including coordination of 
        information security efforts throughout the civilian, national 
        security, and law enforcement communities;
            ``(3) provide for development and maintenance of minimum 
        controls required to protect Federal information and 
        information infrastructure;
            ``(4) provide a mechanism for improved oversight of Federal 
        agency information security programs;
            ``(5) acknowledge that commercially developed information 
        security products offer advanced, dynamic, robust, and 
        effective information security solutions, reflecting market 
        solutions for the protection of critical information 
        infrastructures important to the national defense and economic 
        security of the Nation that are designed, built, and operated 
        by the private sector; and
            ``(6) recognize that the selection of specific technical 
        hardware and software information security solutions should be 
        left to individual agencies from among commercially developed 
        products.
``Sec. 3552. Definitions
    ``(a) Section 3502 Definitions.--Except as provided under 
subsection (b), the definitions under section 3502 shall apply to this 
subchapter.
    ``(b) Additional Definitions.--In this subchapter:
            ``(1) The term `adequate security' means security that 
        complies with the regulations promulgated under section 3554 
        and the standards promulgated under section 3558.
            ``(2) The term `incident' means an occurrence that actually 
        or potentially jeopardizes the confidentiality, integrity, or 
        availability of an information system, information 
        infrastructure, or the information the system processes, 
        stores, or transmits or that constitutes a violation or 
        imminent threat of violation of security policies, security 
        procedures, or acceptable use policies.
            ``(3) The term `information infrastructure' means the 
        underlying framework that information systems and assets rely 
        on in processing, storing, or transmitting information 
        electronically.
            ``(4) The term `information security' means protecting 
        information and information infrastructure from unauthorized 
        access, use, disclosure, disruption, modification, or 
        destruction in order to provide--
                    ``(A) integrity, which means guarding against 
                improper information modification or destruction, and 
                includes ensuring information nonrepudiation and 
                authenticity;
                    ``(B) confidentiality, which means preserving 
                authorized restrictions on access and disclosure, 
                including means for protecting personal privacy and 
                proprietary information;
                    ``(C) availability, which means ensuring timely and 
                reliable access to and use of information; and
                    ``(D) authentication, which means using digital 
                credentials to assure the identity of users and 
                validate access of such users.
            ``(5) The term `information technology' has the meaning 
        given that term in section 11101 of title 40.
            ``(6)(A) The term `national security system' means any 
        information infrastructure (including any telecommunications 
        system) used or operated by an agency or by a contractor of an 
        agency, or other organization on behalf of an agency--
                    ``(i) the function, operation, or use of which--
                            ``(I) involves intelligence activities;
                            ``(II) involves cryptologic activities 
                        related to national security;
                            ``(III) involves command and control of 
                        military forces;
                            ``(IV) involves equipment that is an 
                        integral part of a weapon or weapons system; or
                            ``(V) subject to subparagraph (B), is 
                        critical to the direct fulfillment of military 
                        or intelligence missions; or
                    ``(ii) is protected at all times by procedures 
                established for information that have been specifically 
                authorized under criteria established by an Executive 
                order or an Act of Congress to be kept classified in 
                the interest of national defense or foreign policy.
            ``(B) Subparagraph (A)(i)(V) does not include a system that 
        is to be used for routine administrative and business 
        applications (including payroll, finance, logistics, and 
        personnel management applications).
``Sec. 3553. National Office for Cyberspace
    ``(a) Establishment.--There is established within the Executive 
Office of the President an office to be known as the National Office 
for Cyberspace.
    ``(b) Director.--
            ``(1) In general.--There shall be at the head of the Office 
        a Director, who shall be appointed by the President by and with 
        the advice and consent of the Senate. The Director of the 
        National Office for Cyberspace shall administer all functions 
        under this subchapter and collaborate to the extent practicable 
        with the heads of appropriate agencies, the private sector, and 
        international partners. The Office shall serve as the principal 
        office for coordinating issues relating to achieving an 
        assured, reliable, secure, and survivable information 
        infrastructure and related capabilities for the Federal 
        Government.
            ``(2) Basic pay.--The Director shall be paid at the rate of 
        basic pay for level III of the Executive Schedule.
    ``(c) Staff.--The Director may appoint and fix the pay of 
additional personnel as the Director considers appropriate.
    ``(d) Experts and Consultants.--The Director may procure temporary 
and intermittent services under section 3109(b) of title 5.
``Sec. 3554. Federal Cybersecurity Practice Board
    ``(a) Establishment.--Within the National Office for Cyberspace, 
there shall be established a board to be known as the `Federal 
Cybersecurity Practice Board' (in this section referred to as the 
`Board').
    ``(b) Members.--The Board shall be chaired by the Director of the 
National Office for Cyberspace and consist of not more than 10 members, 
with at least one representative from--
            ``(1) the Office of Management and Budget;
            ``(2) civilian agencies;
            ``(3) the Department of Defense;
            ``(4) the Federal law enforcement community;
            ``(5) the Federal Chief Technology Office; and
            ``(6) such additional military and civilian agencies as the 
        Director considers appropriate.
    ``(c) Responsibilities.--
            ``(1) Development of policies and procedures.--Subject to 
        the authority, direction, and control of the Director of the 
        National Office for Cyberspace, the Board shall be responsible 
        for developing and periodically updating information security 
        policies and procedures relating to the matters described in 
        paragraph (2). In developing such policies and procedures, the 
        Board shall require that all matters addressed in the policies 
        and procedures are consistent, to the maximum extent 
        practicable and in accordance with applicable law, among the 
        civilian, military, intelligence, and law enforcement 
        communities.
            ``(2) Specific matters covered in policies and 
        procedures.--
                    ``(A) Minimum security controls.--The Board shall 
                be responsible for developing and periodically updating 
                information security policies and procedures relating 
                to minimum security controls for information 
                technology, in order to--
                            ``(i) provide Governmentwide protection of 
                        Government-networked computers against common 
                        attacks; and
                            ``(ii) provide agencywide protection 
                        against threats, vulnerabilities, and other 
                        risks to the information infrastructure within 
                        individual agencies.
                    ``(B) Measures of effectiveness.--The Board shall 
                be responsible for developing and periodically updating 
                information security policies and procedures relating 
                to measurements needed to assess the effectiveness of 
                the minimum security controls referred to in 
                subparagraph (A). Such measurements shall include a 
                risk scoring system to evaluate risk to information 
                security both Governmentwide and within contractors of 
                the Federal Government.
                    ``(C) Products and services.--The Board shall be 
                responsible for developing and periodically updating 
                information security policies, procedures, and minimum 
                security standards relating to criteria for products 
                and services to be used in agency information systems 
                and information infrastructure that will meet the 
                minimum security controls referred to in subparagraph 
                (A). In carrying out this subparagraph, the Board shall 
                act in consultation with the Office of Management and 
                Budget and the General Services Administration.
                    ``(D) Remedies.--The Board shall be responsible for 
                developing and periodically updating information 
                security policies and procedures relating to methods 
                for providing remedies for security deficiencies 
                identified in agency information infrastructure.
            ``(3) Additional considerations.--The Board shall also 
        consider--
                    ``(A) opportunities to engage with the 
                international community to set policies, principles, 
                training, standards, or guidelines for information 
                security;
                    ``(B) opportunities to work with agencies and 
                industry partners to increase information sharing and 
                policy coordination efforts in order to reduce 
                vulnerabilities in the national information 
                infrastructure; and
                    ``(C) options necessary to encourage and maintain 
                accountability of any agency, or senior agency 
                official, for efforts to secure the information 
                infrastructure of such agency.
            ``(4) Relationship to other standards.--The policies and 
        procedures developed under paragraph (1) are supplemental to 
        the standards promulgated by the Director of the National 
        Office for Cyberspace under section 3558.
            ``(5) Recommendations for regulations.--The Board shall be 
        responsible for making recommendations to the Director of the 
        National Office for Cyberspace on regulations to carry out the 
        policies and procedures developed by the Board under paragraph 
        (1).
    ``(d) Regulations.--The Director of the National Office for 
Cyberspace, in consultation with the Director of the Office of 
Management and the Administrator of General Services, shall promulgate 
and periodically update regulations to carry out the policies and 
procedures developed by the Board under subsection (c).
    ``(e) Annual Report.--The Director of the National Office for 
Cyberspace shall provide to Congress a report containing a summary of 
agency progress in implementing the regulations promulgated under this 
section as part of the annual report to Congress required under section 
3555(a)(8).
    ``(f) No Disclosure by Board Required.--The Board is not required 
to disclose under section 552 of title 5 information submitted by 
agencies to the Board regarding threats, vulnerabilities, and risks.
``Sec. 3555. Authority and functions of the Director of the National 
              Office for Cyberspace
    ``(a) In General.--The Director of the National Office for 
Cyberspace shall oversee agency information security policies and 
practices, including--
            ``(1) developing and overseeing the implementation of 
        policies, principles, standards, and guidelines on information 
        security, including through ensuring timely agency adoption of 
        and compliance with standards promulgated under section 3558;
            ``(2) requiring agencies, consistent with the standards 
        promulgated under section 3558 and other requirements of this 
        subchapter, to identify and provide information security 
        protections commensurate with the risk and magnitude of the 
        harm resulting from the unauthorized access, use, disclosure, 
        disruption, modification, or destruction of--
                    ``(A) information collected or maintained by or on 
                behalf of an agency; or
                    ``(B) information infrastructure used or operated 
                by an agency or by a contractor of an agency or other 
                organization on behalf of an agency;
            ``(3) coordinating the development of standards and 
        guidelines under section 20 of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278g-3) with agencies 
        and offices operating or exercising control of national 
        security systems (including the National Security Agency) to 
        assure, to the maximum extent feasible, that such standards and 
        guidelines are complementary with standards and guidelines 
        developed for national security systems;
            ``(4) overseeing agency compliance with the requirements of 
        this subchapter, including through any authorized action under 
        section 11303 of title 40, to enforce accountability for 
        compliance with such requirements;
            ``(5) reviewing at least annually, and approving or 
        disapproving, agency information security programs required 
        under section 3556(b);
            ``(6) coordinating information security policies and 
        procedures with related information resources management 
        policies and procedures;
            ``(7) overseeing the operation of the Federal information 
        security incident center required under section 3559;
            ``(8) reporting to Congress no later than March 1 of each 
        year on agency compliance with the requirements of this 
        subchapter, including--
                    ``(A) a summary of the findings of audits required 
                by section 3557;
                    ``(B) an assessment of the development, 
                promulgation, and adoption of, and compliance with, 
                standards developed under section 20 of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278g-3) and promulgated under section 3558;
                    ``(C) significant deficiencies in agency 
                information security practices;
                    ``(D) planned remedial action to address such 
                deficiencies; and
                    ``(E) a summary of, and the views of the Director 
                of the National Office for Cyberspace on, the report 
                prepared by the National Institute of Standards and 
                Technology under section 20(d)(10) of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278g-3);
            ``(9) coordinating the defense of information 
        infrastructure operated by agencies in the case of a large-
        scale attack on information infrastructure, as determined by 
        the Director;
            ``(10) establishing a national strategy, in consultation 
        with the Department of State, the United States Trade 
        Representative, and the National Institute of Standards and 
        Technology, to engage with the international community to set 
        the policies, principles, standards, or guidelines for 
        information security; and
            ``(11) coordinating information security training for 
        Federal employees with the Office of Personnel Management.
    ``(b) National Security Systems.--Except for the authorities 
described in paragraphs (4) and (8) of subsection (a), the authorities 
of the Director of the National Office for Cyberspace under this 
section shall not apply to national security systems.
    ``(c) Department of Defense and Central Intelligence Agency 
Systems.--(1) The authorities of the Director of the National Office 
for Cyberspace described in paragraphs (1) and (2) of subsection (a) 
shall be delegated to the Secretary of Defense in the case of systems 
described in paragraph (2) and to the Director of Central Intelligence 
in the case of systems described in paragraph (3).
    ``(2) The systems described in this paragraph are systems that are 
operated by the Department of Defense, a contractor of the Department 
of Defense, or another entity on behalf of the Department of Defense 
that processes any information the unauthorized access, use, 
disclosure, disruption, modification, or destruction of which would 
have a debilitating impact on the mission of the Department of Defense.
    ``(3) The systems described in this paragraph are systems that are 
operated by the Central Intelligence Agency, a contractor of the 
Central Intelligence Agency, or another entity on behalf of the Central 
Intelligence Agency that processes any information the unauthorized 
access, use, disclosure, disruption, modification, or destruction of 
which would have a debilitating impact on the mission of the Central 
Intelligence Agency.
    ``(d) Budget Oversight and Reporting.--(1) The head of each agency 
shall submit to the Director of the National Office for Cyberspace a 
budget each year for the following fiscal year relating to the 
protection of information infrastructure for such agency, by a date 
determined by the Director that is before the submission of such budget 
by the head of the agency to the Office of Management and Budget.
    ``(2) The Director shall review and offer a non-binding approval or 
disapproval of each agency's annual budget to each agency before the 
submission of such budget by the head of the agency to the Office of 
Management and Budget.
    ``(3) If the Director offers a non-binding disapproval of an 
agency's budget, the Director shall transmit recommendations to the 
head of such agency for strengthening its proposed budget with regard 
to the protection of such agency's information infrastructure.
    ``(4) Each budget submitted by the head of an agency pursuant to 
paragraph (1) shall include--
            ``(A) a review of any threats to information technology for 
        such agency;
            ``(B) a plan to secure the information infrastructure for 
        such agency based on threats to information technology, using 
        the National Institute of Standards and Technology guidelines 
        and recommendations;
            ``(C) a review of compliance by such agency with any 
        previous year plan described in subparagraph (B); and
            ``(D) a report on the development of the credentialing 
        process to enable secure authentication of identity and 
        authorization for access to the information infrastructure of 
        such agency.
    ``(5) The Director of the National Office for Cyberspace may 
recommend to the President monetary penalties or incentives necessary 
to encourage and maintain accountability of any agency, or senior 
agency official, for efforts to secure the information infrastructure 
of such agency.
``Sec. 3556. Agency responsibilities
    ``(a) In General.--The head of each agency shall--
            ``(1) be responsible for--
                    ``(A) providing information security protections 
                commensurate with the risk and magnitude of the harm 
                resulting from unauthorized access, use, disclosure, 
                disruption, modification, or destruction of--
                            ``(i) information collected or maintained 
                        by or on behalf of the agency; and
                            ``(ii) information infrastructure used or 
                        operated by an agency or by a contractor of an 
                        agency or other organization on behalf of an 
                        agency;
                    ``(B) complying with the requirements of this 
                subchapter and related policies, procedures, standards, 
                and guidelines, including--
                            ``(i) the regulations promulgated under 
                        section 3554 and the information security 
                        standards promulgated under section 3558;
                            ``(ii) information security standards and 
                        guidelines for national security systems issued 
                        in accordance with law and as directed by the 
                        President; and
                            ``(iii) ensuring the standards implemented 
                        for information infrastructure and national 
                        security systems under the agency head are 
                        complementary and uniform, to the extent 
                        practicable; and
                    ``(C) ensuring that information security management 
                processes are integrated with agency strategic and 
                operational planning processes;
            ``(2) ensure that senior agency officials provide 
        information security for the information and information 
        infrastructure that support the operations and assets under 
        their control, including through--
                    ``(A) assessing the risk and magnitude of the harm 
                that could result from the unauthorized access, use, 
                disclosure, disruption, modification, or destruction of 
                such information or information infrastructure;
                    ``(B) determining the levels of information 
                security appropriate to protect such information and 
                information infrastructure in accordance with 
                regulations promulgated under section 3554 and 
                standards promulgated under section 3558, for 
                information security classifications and related 
                requirements;
                    ``(C) implementing policies and procedures to cost 
                effectively reduce risks to an acceptable level; and
                    ``(D) continuously testing and evaluating 
                information security controls and techniques to ensure 
                that they are effectively implemented;
            ``(3) delegate to an agency official, designated as the 
        `Chief Information Security Officer', under the authority of 
        the agency Chief Information Officer the responsibility to 
        oversee agency information security and the authority to ensure 
        and enforce compliance with the requirements imposed on the 
        agency under this subchapter, including--
                    ``(A) overseeing the establishment and maintenance 
                of a security operations capability on an automated and 
                continuous basis that can--
                            ``(i) assess the state of compliance of all 
                        networks and systems with prescribed controls 
                        issued pursuant to section 3558 and report 
                        immediately any variance therefrom and, where 
                        appropriate and with the approval of the agency 
                        Chief Information Officer, shut down systems 
                        that are found to be non-compliant;
                            ``(ii) detect, report, respond to, contain, 
                        and mitigate incidents that impair adequate 
                        security of the information and information 
                        infrastructure, in accordance with policy 
                        provided by the Director of the National Office 
                        for Cyberspace, in consultation with the Chief 
                        Information Officers Council, and guidance from 
                        the National Institute of Standards and 
                        Technology;
                            ``(iii) collaborate with the National 
                        Office for Cyberspace and appropriate public 
                        and private sector security operations centers 
                        to address incidents that impact the security 
                        of information and information infrastructure 
                        that extend beyond the control of the agency; 
                        and
                            ``(iv) not later than 24 hours after 
                        discovery of any incident described under 
                        subparagraph (A)(ii), unless otherwise directed 
                        by policy of the National Office for 
                        Cyberspace, provide notice to the appropriate 
                        security operations center, the National Cyber 
                        Investigative Joint Task Force, and the 
                        Inspector General of the agency;
                    ``(B) developing, maintaining, and overseeing an 
                agency wide information security program as required by 
                subsection (b);
                    ``(C) developing, maintaining, and overseeing 
                information security policies, procedures, and control 
                techniques to address all applicable requirements, 
                including those issued under sections 3555 and 3558;
                    ``(D) training and overseeing personnel with 
                significant responsibilities for information security 
                with respect to such responsibilities; and
                    ``(E) assisting senior agency officials concerning 
                their responsibilities under paragraph (2);
            ``(4) ensure that the agency has trained and cleared 
        personnel sufficient to assist the agency in complying with the 
        requirements of this subchapter and related policies, 
        procedures, standards, and guidelines;
            ``(5) ensure that the Chief Information Security Officer, 
        in coordination with other senior agency officials, reports 
        biannually to the agency head on the effectiveness of the 
        agency information security program, including progress of 
        remedial actions; and
            ``(6) ensure that the Chief Information Security Officer 
        possesses necessary qualifications, including education, 
        professional certifications, training, experience, and the 
        security clearance required to administer the functions 
        described under this subchapter; and has information security 
        duties as the primary duty of that official.
    ``(b) Agency Program.--Each agency shall develop, document, and 
implement an agencywide information security program, approved by the 
Director of the National Office for Cyberspace under section 
3555(a)(5), to provide information security for the information and 
information infrastructure that support the operations and assets of 
the agency, including those provided or managed by another agency, 
contractor, or other source, that includes--
            ``(1) continuous automated technical monitoring of 
        information infrastructure used or operated by an agency or by 
        a contractor of an agency or other organization on behalf of an 
        agency to assure conformance with regulations promulgated under 
        section 3554 and standards promulgated under section 3558;
            ``(2) testing of the effectiveness of security controls 
        that are commensurate with risk (as defined by the National 
        Institute of Standards and Technology and the National Office 
        for Cyberspace) for agency information infrastructure;
            ``(3) policies and procedures that--
                    ``(A) mitigate and remediate, to the extent 
                practicable, information security vulnerabilities based 
                on the risk posed to the agency;
                    ``(B) cost effectively reduce information security 
                risks to an acceptable level;
                    ``(C) ensure that information security is addressed 
                throughout the life cycle of each agency information 
                system and information infrastructure;
                    ``(D) ensure compliance with--
                            ``(i) the requirements of this subchapter;
                            ``(ii) policies and procedures as may be 
                        prescribed by the Director of the National 
                        Office for Cyberspace, and information security 
                        standards promulgated under section 3558;
                            ``(iii) minimally acceptable system 
                        configuration requirements, as determined by 
                        the Director of the National Office for 
                        Cyberspace; and
                            ``(iv) any other applicable requirements, 
                        including--
                                    ``(I) standards and guidelines for 
                                national security systems issued in 
                                accordance with law and as directed by 
                                the President;
                                    ``(II) the policy of the Director 
                                of the National Office for Cyberspace;
                                    ``(III) the National Institute of 
                                Standards and Technology guidance; and
                                    ``(IV) the Chief Information 
                                Officers Council recommended 
                                approaches;
                    ``(E) develop, maintain, and oversee information 
                security policies, procedures, and control techniques 
                to address all applicable requirements, including those 
                issued under sections 3555 and 3558; and
                    ``(F) ensure the oversight and training of 
                personnel with significant responsibilities for 
                information security with respect to such 
                responsibilities;
            ``(4) ensuring that the agency has trained and cleared 
        personnel sufficient to assist the agency in complying with the 
        requirements of this subchapter and related policies, 
        procedures, standards, and guidelines;
            ``(5) to the extent practicable, automated and continuous 
        technical monitoring for testing, and evaluation of the 
        effectiveness and compliance of information security policies, 
        procedures, and practices, including--
                    ``(A) management, operational, and technical 
                controls of every information infrastructure identified 
                in the inventory required under section 3505(b); and
                    ``(B) management, operational, and technical 
                controls relied on for an evaluation under section 
                3556;
            ``(6) a process for planning, implementing, evaluating, and 
        documenting remedial action to address any deficiencies in the 
        information security policies, procedures, and practices of the 
        agency;
            ``(7) to the extent practicable, continuous automated 
        technical monitoring for detecting, reporting, and responding 
        to security incidents, consistent with standards and guidelines 
        issued by the Director of the National Office for Cyberspace, 
        including--
                    ``(A) mitigating risks associated with such 
                incidents before substantial damage is done;
                    ``(B) notifying and consulting with the appropriate 
                security operations response center; and
                    ``(C) notifying and consulting with, as 
                appropriate--
                            ``(i) law enforcement agencies and relevant 
                        Offices of Inspectors General;
                            ``(ii) the National Office for Cyberspace; 
                        and
                            ``(iii) any other agency or office, in 
                        accordance with law or as directed by the 
                        President; and
            ``(8) plans and procedures to ensure continuity of 
        operations for information infrastructure that support the 
        operations and assets of the agency.
    ``(c) Agency Reporting.--Each agency shall--
            ``(1) submit an annual report on the adequacy and 
        effectiveness of information security policies, procedures, and 
        practices, and compliance with the requirements of this 
        subchapter, including compliance with each requirement of 
        subsection (b) to--
                    ``(A) the National Office for Cyberspace;
                    ``(B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(C) the Committee on Oversight and Government 
                Reform of the House of Representatives;
                    ``(D) other appropriate authorization and 
                appropriations committees of Congress; and
                    ``(E) the Comptroller General;
            ``(2) address the adequacy and effectiveness of information 
        security policies, procedures, and practices in plans and 
        reports relating to--
                    ``(A) annual agency budgets;
                    ``(B) information resources management of this 
                subchapter;
                    ``(C) information technology management under this 
                chapter;
                    ``(D) program performance under sections 1105 and 
                1115 through 1119 of title 31, and sections 2801 and 
                2805 of title 39;
                    ``(E) financial management under chapter 9 of title 
                31, and the Chief Financial Officers Act of 1990 (31 
                U.S.C. 501 note; Public Law 101-576) (and the 
                amendments made by that Act);
                    ``(F) financial management systems under the 
                Federal Financial Management Improvement Act (31 U.S.C. 
                3512 note); and
                    ``(G) internal accounting and administrative 
                controls under section 3512 of title 31; and
            ``(3) report any significant deficiency in a policy, 
        procedure, or practice identified under paragraph (1) or (2)--
                    ``(A) as a material weakness in reporting under 
                section 3512 of title 31; and
                    ``(B) if relating to financial management systems, 
                as an instance of a lack of substantial compliance 
                under the Federal Financial Management Improvement Act 
                (31 U.S.C. 3512 note).
    ``(d) Performance Plan.--(1) In addition to the requirements of 
subsection (c), each agency, in consultation with the National Office 
for Cyberspace, shall include as part of the performance plan required 
under section 1115 of title 31 a description of the resources, 
including budget, staffing, and training, that are necessary to 
implement the program required under subsection (b).
    ``(2) The description under paragraph (1) shall be based on the 
risk assessments required under subsection (a)(2).
    ``(e) Public Notice and Comment.--Each agency shall provide the 
public with timely notice and opportunities for comment on proposed 
information security policies and procedures to the extent that such 
policies and procedures affect communication with the public.
``Sec. 3557. Annual independent audit
    ``(a) In General.--(1) Each year each agency shall have performed 
an independent audit of the information security program and practices 
of that agency to determine the effectiveness of such program and 
practices.
    ``(2) Each audit under this section shall include--
            ``(A) testing of the effectiveness of the information 
        infrastructure of the agency for automated, continuous 
        monitoring of the state of compliance of its information 
        infrastructure with regulations promulgated under section 3554 
        and standards promulgated under section 3558 in a 
        representative subset of--
                    ``(i) the information infrastructure used or 
                operated by the agency; and
                    ``(ii) the information infrastructure used, 
                operated, or supported on behalf of the agency by a 
                contractor of the agency, a subcontractor (at any tier) 
                of such contractor, or any other entity;
            ``(B) an assessment (made on the basis of the results of 
        the testing) of compliance with--
                    ``(i) the requirements of this subchapter; and
                    ``(ii) related information security policies, 
                procedures, standards, and guidelines;
            ``(C) separate assessments, as appropriate, regarding 
        information security relating to national security systems; and
            ``(D) a conclusion regarding whether the information 
        security controls of the agency are effective, including an 
        identification of any significant deficiencies in such 
        controls.
    ``(3) Each audit under this section shall be performed in 
accordance with applicable generally accepted Government auditing 
standards.
    ``(b) Independent Auditor.--Subject to subsection (c)--
            ``(1) for each agency with an Inspector General appointed 
        under the Inspector General Act of 1978 or any other law, the 
        annual audit required by this section shall be performed by the 
        Inspector General or by an independent external auditor, as 
        determined by the Inspector General of the agency; and
            ``(2) for each agency to which paragraph (1) does not 
        apply, the head of the agency shall engage an independent 
        external auditor to perform the audit.
    ``(c) National Security Systems.--For each agency operating or 
exercising control of a national security system, that portion of the 
audit required by this section directly relating to a national security 
system shall be performed--
            ``(1) only by an entity designated head; and
            ``(2) in such a manner as to ensure appropriate protection 
        for information associated with any information security 
        vulnerability in such system commensurate with the risk and in 
        accordance with all applicable laws.
    ``(d) Existing Audits.--The audit required by this section may be 
based in whole or in part on another audit relating to programs or 
practices of the applicable agency.
    ``(e) Agency Reporting.--(1) Each year, not later than such date 
established by the Director of the National Office for Cyberspace, the 
head of each agency shall submit to the Director the results of the 
audit required under this section.
    ``(2) To the extent an audit required under this section directly 
relates to a national security system, the results of the audit 
submitted to the Director of the National Office for Cyberspace shall 
contain only a summary and assessment of that portion of the audit 
directly relating to a national security system.
    ``(f) Protection of Information.--Agencies and auditors shall take 
appropriate steps to ensure the protection of information which, if 
disclosed, may adversely affect information security. Such protections 
shall be commensurate with the risk and comply with all applicable laws 
and regulations.
    ``(g) National Office for Cyberspace Reports to Congress.--(1) The 
Director of the National Office for Cyberspace shall summarize the 
results of the audits conducted under this section in the annual report 
to Congress required under section 3555(a)(8).
    ``(2) The Director's report to Congress under this subsection shall 
summarize information regarding information security relating to 
national security systems in such a manner as to ensure appropriate 
protection for information associated with any information security 
vulnerability in such system commensurate with the risk and in 
accordance with all applicable laws.
    ``(3) Audits and any other descriptions of information 
infrastructure under the authority and control of the Director of 
Central Intelligence or of National Foreign Intelligence Programs 
systems under the authority and control of the Secretary of Defense 
shall be made available to Congress only through the appropriate 
oversight committees of Congress, in accordance with applicable laws.
    ``(h) Comptroller General.--The Comptroller General shall 
periodically evaluate and report to Congress on--
            ``(1) the adequacy and effectiveness of agency information 
        security policies and practices; and
            ``(2) implementation of the requirements of this 
        subchapter.
    ``(i) Contractor Audits.--Each year each contractor that operates, 
uses, or supports an information system or information infrastructure 
on behalf of an agency and each subcontractor of such contractor--
            ``(1) shall conduct an audit using an independent external 
        auditor in accordance with subsection (a), including an 
        assessment of compliance with the applicable requirements of 
        this subchapter; and
            ``(2) shall submit the results of such audit to such agency 
        not later than such date established by the Agency.
``Sec. 3558. Responsibilities for Federal information systems standards
    ``(a) Requirement To Prescribe Standards.--
            ``(1) In general.--
                    ``(A) Requirement.--Except as provided under 
                paragraph (2), the Secretary of Commerce shall, on the 
                basis of proposed standards developed by the National 
                Institute of Standards and Technology pursuant to 
                paragraphs (2) and (3) of section 20(a) of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278g-3(a)) and in consultation with the Secretary of 
                Homeland Security, promulgate information security 
                standards pertaining to Federal information systems.
                    ``(B) Required standards.--Standards promulgated 
                under subparagraph (A) shall include--
                            ``(i) standards that provide minimum 
                        information security requirements as determined 
                        under section 20(b) of the National Institute 
                        of Standards and Technology Act (15 U.S.C. 
                        278g-3(b)); and
                            ``(ii) such standards that are otherwise 
                        necessary to improve the efficiency of 
                        operation or security of Federal information 
                        systems.
                    ``(C) Required standards binding.--Information 
                security standards described under subparagraph (B) 
                shall be compulsory and binding.
            ``(2) Standards and guidelines for national security 
        systems.--Standards and guidelines for national security 
        systems, as defined under section 3552(b), shall be developed, 
        promulgated, enforced, and overseen as otherwise authorized by 
        law and as directed by the President.
    ``(b) Application of More Stringent Standards.--The head of an 
agency may employ standards for the cost-effective information security 
for all operations and assets within or under the supervision of that 
agency that are more stringent than the standards promulgated by the 
Secretary of Commerce under this section, if such standards--
            ``(1) contain, at a minimum, the provisions of those 
        applicable standards made compulsory and binding by the 
        Secretary; and
            ``(2) are otherwise consistent with policies and guidelines 
        issued under section 3555.
    ``(c) Requirements Regarding Decisions by the Secretary.--
            ``(1) Deadline.--The decision regarding the promulgation of 
        any standard by the Secretary of Commerce under subsection (b) 
        shall occur not later than 6 months after the submission of the 
        proposed standard to the Secretary by the National Institute of 
        Standards and Technology, as provided under section 20 of the 
        National Institute of Standards and Technology Act (15 U.S.C. 
        278g-3).
            ``(2) Notice and comment.--A decision by the Secretary of 
        Commerce to significantly modify, or not promulgate, a proposed 
        standard submitted to the Secretary by the National Institute 
        of Standards and Technology, as provided under section 20 of 
        the National Institute of Standards and Technology Act (15 
        U.S.C. 278g-3), shall be made after the public is given an 
        opportunity to comment on the Secretary's proposed decision.
``Sec. 3559. Federal information security incident center
    ``(a) In General.--The Director of the National Office for 
Cyberspace shall ensure the operation of a central Federal information 
security incident center to--
            ``(1) provide timely technical assistance to operators of 
        agency information systems and information infrastructure 
        regarding security incidents, including guidance on detecting 
        and handling information security incidents;
            ``(2) compile and analyze information about incidents that 
        threaten information security;
            ``(3) inform operators of agency information systems and 
        information infrastructure about current and potential 
        information security threats, and vulnerabilities; and
            ``(4) consult with the National Institute of Standards and 
        Technology, agencies or offices operating or exercising control 
        of national security systems (including the National Security 
        Agency), and such other agencies or offices in accordance with 
        law and as directed by the President regarding information 
        security incidents and related matters.
    ``(b) National Security Systems.--Each agency operating or 
exercising control of a national security system shall share 
information about information security incidents, threats, and 
vulnerabilities with the Federal information security incident center 
to the extent consistent with standards and guidelines for national 
security systems, issued in accordance with law and as directed by the 
President.
    ``(c) Review and Approval.--In coordination with the Administrator 
for Electronic Government and Information Technology, the Director of 
the National Office for Cyberspace shall review and approve the 
policies, procedures, and guidance established in this subchapter to 
ensure that the incident center has the capability to effectively and 
efficiently detect, correlate, respond to, contain, mitigate, and 
remediate incidents that impair the adequate security of the 
information systems and information infrastructure of more than one 
agency. To the extent practicable, the capability shall be continuous 
and technically automated.
``Sec. 3560. National security systems
    ``The head of each agency operating or exercising control of a 
national security system shall be responsible for ensuring that the 
agency--
            ``(1) provides information security protections 
        commensurate with the risk and magnitude of the harm resulting 
        from the unauthorized access, use, disclosure, disruption, 
        modification, or destruction of the information contained in 
        such system;
            ``(2) implements information security policies and 
        practices as required by standards and guidelines for national 
        security systems, issued in accordance with law and as directed 
        by the President; and
            ``(3) complies with the requirements of this subchapter.''.

SEC. 1702. INFORMATION SECURITY ACQUISITION REQUIREMENTS.

    (a) In General.--Chapter 113 of title 40, United States Code, is 
amended by adding at the end of subchapter II the following new 
section:
``Sec. 11319. Information security acquisition requirements
    ``(a) Prohibition.--Notwithstanding any other provision of law, 
beginning one year after the date of the enactment of the Federal 
Information Security Amendments Act of 2010, no agency may enter into a 
contract, an order under a contract, or an interagency agreement for--
            ``(1) the collection, use, management, storage, or 
        dissemination of information on behalf of the agency;
            ``(2) the use or operation of an information system or 
        information infrastructure on behalf of the agency; or
            ``(3) information technology;
unless such contract, order, or agreement includes requirements to 
provide effective information security that supports the operations and 
assets under the control of the agency, in compliance with the 
policies, standards, and guidance developed under subsection (b), and 
otherwise ensures compliance with this section.
    ``(b) Coordination of Secure Acquisition Policies.--
            ``(1) In general.--The Director, in consultation with the 
        Director of the National Institute of Standards and Technology, 
        the Director of the National Office for Cyberspace, and the 
        Administrator of General Services, shall oversee the 
        development and implementation of policies, standards, and 
        guidance, including through revisions to the Federal 
        Acquisition Regulation and the Department of Defense supplement 
        to the Federal Acquisition Regulation, to cost effectively 
        enhance agency information security, including--
                    ``(A) minimum information security requirements for 
                agency procurement of information technology products 
                and services; and
                    ``(B) approaches for evaluating and mitigating 
                significant supply chain security risks associated with 
                products or services to be acquired by agencies.
            ``(2) Report.--Not later than two years after the date of 
        the enactment of the Federal Information Security Amendments 
        Act of 2010, the Director shall submit to Congress a report 
        describing--
                    ``(A) actions taken to improve the information 
                security associated with the procurement of products 
                and services by the Federal Government; and
                    ``(B) plans for overseeing and coordinating efforts 
                of agencies to use best practice approaches for cost-
                effectively purchasing more secure products and 
                services.
    ``(c) Vulnerability Assessments of Major Systems.--
            ``(1) Requirement for initial vulnerability assessments.--
        The Director shall require each agency to conduct an initial 
        vulnerability assessment for any major system and its 
        significant items of supply prior to the development of the 
        system. The initial vulnerability assessment of a major system 
        and its significant items of supply shall include use of an 
        analysis-based approach to--
                    ``(A) identify vulnerabilities;
                    ``(B) define exploitation potential;
                    ``(C) examine the system's potential effectiveness;
                    ``(D) determine overall vulnerability; and
                    ``(E) make recommendations for risk reduction.
            ``(2) Subsequent vulnerability assessments.--
                    ``(A) The Director shall require a subsequent 
                vulnerability assessment of each major system and its 
                significant items of supply within a program if the 
                Director determines that circumstances warrant the 
                issuance of an additional vulnerability assessment.
                    ``(B) Upon the request of a congressional 
                committee, the Director may require a subsequent 
                vulnerability assessment of a particular major system 
                and its significant items of supply within the program.
                    ``(C) Any subsequent vulnerability assessment of a 
                major system and its significant items of supply shall 
                include use of an analysis-based approach and, if 
                applicable, a testing-based approach, to monitor the 
                exploitation potential of such system and reexamine the 
                factors described in subparagraphs (A) through (E) of 
                paragraph (1).
            ``(3) Congressional oversight.--The Director shall provide 
        to the appropriate congressional committees a copy of each 
        vulnerability assessment conducted under paragraph (1) or (2) 
        not later than 10 days after the date of the completion of such 
        assessment.
    ``(d) Definitions.--In this section:
            ``(1) Item of supply.--The term `item of supply'--
                    ``(A) means any individual part, component, 
                subassembly, assembly, or subsystem integral to a major 
                system, and other property which may be replaced during 
                the service life of the major system, including a spare 
                part or replenishment part; and
                    ``(B) does not include packaging or labeling 
                associated with shipment or identification of an item.
            ``(2) Vulnerability assessment.--The term `vulnerability 
        assessment' means the process of identifying and quantifying 
        vulnerabilities in a major system and its significant items of 
        supply.
            ``(3) Major system.--The term `major system' has the 
        meaning given that term in section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403).''.

SEC. 1703. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Table of Sections in Title 44.--The table of sections for 
chapter 35 of title 44, United States Code, is amended by striking the 
matter relating to subchapters 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.''.
    (b) Table of Sections in Title 40.--The table of sections for 
chapter 113 of title 40, United States Code, is amended by inserting 
after the item relating to section 11318 the following new item:

``Sec. 11319. Information security acquisition requirements.''.
    (c) Other References.--
            (1) Section 1001(c)(1)(A) of the Homeland Security Act of 
        2002 (6 U.S.C. 511(c)(1)(A)) is amended by striking ``section 
        3532(3)'' and inserting ``section 3552(b)''.
            (2) Section 2222(j)(6) of title 10, United States Code, is 
        amended by striking ``section 3542(b)(2))'' and inserting 
        ``section 3552(b)''.
            (3) Section 2223(c)(3) of title 10, United States Code, is 
        amended, by striking ``section 3542(b)(2))'' and inserting 
        ``section 3552(b)''.
            (4) Section 2315 of title 10, United States Code, is 
        amended by striking ``section 3542(b)(2))'' and inserting 
        ``section 3552(b)''.
            (5) Section 20 of the National Institute of Standards and 
        Technology Act (15 U.S.C. 278g-3) is amended--
                    (A) in subsections (a)(2) and (e)(5), by striking 
                ``section 3532(b)(2)'' and inserting ``section 
                3552(b)'';
                    (B) in subsection (e)(2), by striking ``section 
                3532(1)'' and inserting ``section 3552(b)''; and
                    (C) in subsections (c)(3) and (d)(1), by striking 
                ``section 11331 of title 40'' and inserting ``section 
                3558 of title 44''.
            (6) Section 8(d)(1) of the Cyber Security Research and 
        Development Act (15 U.S.C. 7406(d)(1)) is amended by striking 
        ``section 3534(b)'' and inserting ``section 3556(b)''.
    (d) Repeal.--
            (1) Subchapter III of chapter 113 of title 40, United 
        States Code, is repealed.
            (2) The table of sections for chapter 113 of such title is 
        amended by striking the matter relating to subchapter III.
    (e) Executive Schedule Pay Rate.--Section 5314 of title 5, United 
States Code, is amended by adding at the end the following:
            ``Director of the National Office for Cyberspace.''.
    (f) Membership on the National Security Council.--Section 101(a) of 
the National Security Act of 1947 (50 U.S.C. 402(a)) is amended--
            (1) by redesignating paragraphs (7) and (8) as paragraphs 
        (8) and (9), respectively; and
            (2) by inserting after paragraph (6) the following:
            ``(7) the Director of the National Office for 
        Cyberspace;''.

SEC. 1704. EFFECTIVE DATE.

    (a) In General.--Unless otherwise specified in this section, this 
subtitle (including the amendments made by this subtitle) shall take 
effect 30 days after the date of enactment of this Act.
    (b) National Office for Cyberspace.--Section 3553 of title 44, 
United States Code, as added by section 1701 of this division, shall 
take effect 180 days after the date of enactment of this Act.
    (c) Federal Cybersecurity Practice Board.--Section 3554 of title 
44, United States Code, as added by section 1701 of this division, 
shall take effect 1 year after the date of enactment of this Act.

              Subtitle B--Federal Chief Technology Officer

SEC. 1711. OFFICE OF THE CHIEF TECHNOLOGY OFFICER.

    (a) Establishment and Staff.--
            (1) Establishment.--
                    (A) In general.--There is established in the 
                Executive Office of the President an Office of the 
                Federal Chief Technology Officer (in this section 
                referred to as the ``Office'').
                    (B) Head of the office.--
                            (i) Federal chief technology officer.--The 
                        President shall appoint a Federal Chief 
                        Technology Officer (in this section referred to 
                        as the ``Federal CTO'') who shall be the head 
                        of the Office.
                            (ii) Compensation.--Section 5314 of title 
                        5, United States Code, is amended by adding at 
                        the end the following:
            ``Federal Chief Technology Officer.''.
            (2) Staff of the office.--The President may appoint 
        additional staff members to the Office.
    (b) Duties of the Office.--The functions of the Federal CTO are the 
following:
            (1) Undertake fact-gathering, analysis, and assessment of 
        the Federal Government's information technology 
        infrastructures, information technology strategy, and use of 
        information technology, and provide advice on such matters to 
        the President, heads of Federal departments and agencies, and 
        government chief information officers and chief technology 
        officers.
            (2) Lead an interagency effort, working with the chief 
        technology and chief information officers of each of the 
        Federal departments and agencies, to develop and implement a 
        planning process to ensure that they use best-in-class 
        technologies, share best practices, and improve the use of 
        technology in support of Federal Government requirements.
            (3) Advise the President on information technology 
        considerations with regard to Federal budgets and with regard 
        to general coordination of the research and development 
        programs of the Federal Government for information technology-
        related matters.
            (4) Promote technological innovation in the Federal 
        Government, and encourage and oversee the adoption of robust 
        cross-governmental architectures and standards-based 
        information technologies, in support of effective operational 
        and management policies, practices, and services across Federal 
        departments and agencies and with the public and external 
        entities.
            (5) Establish cooperative public-private sector partnership 
        initiatives to achieve knowledge of technologies available in 
        the marketplace that can be used for improving governmental 
        operations and information technology research and development 
        activities.
            (6) Gather timely and authoritative information concerning 
        significant developments and trends in information technology, 
        and in national priorities, both current and prospective, and 
        analyze and interpret the information for the purpose of 
        determining whether the developments and trends are likely to 
        affect achievement of the priority goals of the Federal 
        Government.
            (7) Develop, review, revise, and recommend criteria for 
        determining information technology activities warranting 
        Federal support, and recommend Federal policies designed to 
        advance the development and maintenance of effective and 
        efficient information technology capabilities, including human 
        resources, at all levels of government, academia, and industry, 
        and the effective application of the capabilities to national 
        needs.
            (8) Any other functions and activities that the President 
        may assign to the Federal CTO.
    (c) Policy Planning; Analysis and Advice.--The Office shall serve 
as a source of analysis and advice for the President and heads of 
Federal departments and agencies with respect to major policies, plans, 
and programs of the Federal Government in accordance with the functions 
described in subsection (b).
    (d) Coordination of the Office With Other Entities.--
            (1) Federal cto on domestic policy council.--The Federal 
        CTO shall be a member of the Domestic Policy Council.
            (2) Federal cto on cyber security practice board.--The 
        Federal CTO shall be a member of the Federal Cybersecurity 
        Practice Board.
            (3) Obtain information from agencies.--The Office may 
        secure, directly from any department or agency of the United 
        States, information necessary to enable the Federal CTO to 
        carry out this section. On request of the Federal CTO, the head 
        of the department or agency shall furnish the information to 
        the Office, subject to any applicable limitations of Federal 
        law.
            (4) Staff of federal agencies.--On request of the Federal 
        CTO, to assist the Office in carrying out the duties of the 
        Office, the head of any Federal department or agency may detail 
        personnel, services, or facilities of the department or agency 
        to the Office.
    (e) Annual Report.--
            (1) Publication and contents.--The Federal CTO shall 
        publish, in the Federal Register and on a public Internet 
        website of the Federal CTO, an annual report that includes the 
        following:
                    (A) Information on programs to promote the 
                development of technological innovations.
                    (B) Recommendations for the adoption of policies to 
                encourage the generation of technological innovations.
                    (C) Information on the activities and 
                accomplishments of the Office in the year covered by 
                the report.
            (2) Submission.--The Federal CTO shall submit each report 
        under paragraph (1) to--
                    (A) the President;
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives;
                    (C) the Committee on Science and Technology of the 
                House of Representatives; and
                    (D) the Committee on Commerce, Science, and 
                Transportation of the Senate.

         TITLE XVIII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

SEC. 1801. SHORT TITLE.

    This title may be cited as the ``Guam World War II Loyalty 
Recognition Act''.

SEC. 1802. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF 
              GUAM.

    (a) Recognition of the Suffering of the Residents of Guam.--The 
United States recognizes that, as described by the Guam War Claims 
Review Commission, the residents of Guam, on account of their United 
States nationality, suffered unspeakable harm as a result of the 
occupation of Guam by Imperial Japanese military forces during World 
War II, by being subjected to death, rape, severe personal injury, 
personal injury, forced labor, forced march, or internment.
    (b) Recognition of the Loyalty of the Residents of Guam.--The 
United States forever will be grateful to the residents of Guam for 
their steadfast loyalty to the United States of America, as 
demonstrated by the countless acts of courage they performed despite 
the threat of death or great bodily harm they faced at the hands of the 
Imperial Japanese military forces that occupied Guam during World War 
II.

SEC. 1803. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.

    (a) Payments for Death, Personal Injury, Forced Labor, Forced 
March, and Internment.--Subject to the availability of appropriations 
authorized to be appropriated under section 1806(a), after receipt of 
certification pursuant to section 1804(b)(8) and in accordance with the 
provisions of this title, the Secretary of the Treasury shall make 
payments as follows:
            (1) Residents injured.--The Secretary shall pay compensable 
        Guam victims who are not deceased before any payments are made 
        to individuals described in paragraphs (2) and (3) as follows:
                    (A) If the victim has suffered an injury described 
                in subsection (c)(2)(A), $15,000.
                    (B) If the victim is not described in subparagraph 
                (A) but has suffered an injury described in subsection 
                (c)(2)(B), $12,000.
                    (C) If the victim is not described in subparagraph 
                (A) or (B) but has suffered an injury described in 
                subsection (c)(2)(C), $10,000.
            (2) Survivors of residents who died in war.--In the case of 
        a compensable Guam decedent, the Secretary shall pay $25,000 
        for distribution to eligible survivors of the decedent as 
        specified in subsection (b). The Secretary shall make payments 
        under this paragraph after payments are made under paragraph 
        (1) and before payments are made under paragraph (3).
            (3) Survivors of deceased injured residents.--In the case 
        of a compensable Guam victim who is deceased, the Secretary 
        shall pay $7,000 for distribution to eligible survivors of the 
        victim as specified in subsection (b). The Secretary shall make 
        payments under this paragraph after payments are made under 
        paragraphs (1) and (2).
    (b) Distribution of Survivor Payments.--Payments under paragraph 
(2) or (3) of subsection (a) to eligible survivors of an individual who 
is a compensable Guam decedent or a compensable Guam victim who is 
deceased shall be made as follows:
            (1) If there is living a spouse of the individual, but no 
        child of the individual, all of the payment shall be made to 
        such spouse.
            (2) If there is living a spouse of the individual and one 
        or more children of the individual, one-half of the payment 
        shall be made to the spouse and the other half to the child (or 
        to the children in equal shares).
            (3) If there is no living spouse of the individual, but 
        there are one or more children of the individual alive, all of 
        the payment shall be made to such child (or to such children in 
        equal shares).
            (4) If there is no living spouse or child of the individual 
        but there is a living parent (or parents) of the individual, 
        all of the payment shall be made to the parents (or to the 
        parents in equal shares).
            (5) If there is no such living spouse, child, or parent, no 
        payment shall be made.
    (c) Definitions.--For purposes of this title:
            (1) Compensable guam decedent.--The term ``compensable Guam 
        decedent'' means an individual determined under section 
        1804(a)(1) to have been a resident of Guam who died or was 
        killed as a result of the attack and occupation of Guam by 
        Imperial Japanese military forces during World War II, or 
        incident to the liberation of Guam by United States military 
        forces, and whose death would have been compensable under the 
        Guam Meritorious Claims Act of 1945 (Public Law 79-224) if a 
        timely claim had been filed under the terms of such Act.
            (2) Compensable guam victim.--The term ``compensable Guam 
        victim'' means an individual determined under section 
        1804(a)(1) to have suffered, as a result of the attack and 
        occupation of Guam by Imperial Japanese military forces during 
        World War II, or incident to the liberation of Guam by United 
        States military forces, any of the following:
                    (A) Rape or severe personal injury (such as loss of 
                a limb, dismemberment, or paralysis).
                    (B) Forced labor or a personal injury not under 
                subparagraph (A) (such as disfigurement, scarring, or 
                burns).
                    (C) Forced march, internment, or hiding to evade 
                internment.
            (3) Definitions of severe personal injuries and personal 
        injuries.--The Foreign Claims Settlement Commission shall 
        promulgate regulations to specify injuries that constitute a 
        severe personal injury or a personal injury for purposes of 
        subparagraphs (A) and (B), respectively, of paragraph (2).

SEC. 1804. ADJUDICATION.

    (a) Authority of Foreign Claims Settlement Commission.--
            (1) In general.--The Foreign Claims Settlement Commission 
        is authorized to adjudicate claims and determine eligibility 
        for payments under section 1803.
            (2) Rules and regulations.--The chairman of the Foreign 
        Claims Settlement Commission shall prescribe such rules and 
        regulations as may be necessary to enable it to carry out its 
        functions under this title. Such rules and regulations shall be 
        published in the Federal Register.
    (b) Claims Submitted for Payments.--
            (1) Submittal of claim.--For purposes of subsection (a)(1) 
        and subject to paragraph (2), the Foreign Claims Settlement 
        Commission may not determine an individual is eligible for a 
        payment under section 1803 unless the individual submits to the 
        Commission a claim in such manner and form and containing such 
        information as the Commission specifies.
            (2) Filing period for claims and notice.--All claims for a 
        payment under section 1803 shall be filed within one year after 
        the Foreign Claims Settlement Commission publishes public 
        notice of the filing period in the Federal Register. The 
        Foreign Claims Settlement Commission shall provide for the 
        notice required under the previous sentence not later than 180 
        days after the date of the enactment of this title. In 
        addition, the Commission shall cause to be publicized the 
        public notice of the deadline for filing claims in newspaper, 
        radio, and television media on Guam.
            (3) Adjudicatory decisions.--The decision of the Foreign 
        Claims Settlement Commission on each claim shall be by majority 
        vote, shall be in writing, and shall state the reasons for the 
        approval or denial of the claim. If approved, the decision 
        shall also state the amount of the payment awarded and the 
        distribution, if any, to be made of the payment.
            (4) Deductions in payment.--The Foreign Claims Settlement 
        Commission shall deduct, from potential payments, amounts 
        previously paid under the Guam Meritorious Claims Act of 1945 
        (Public Law 79-224).
            (5) Interest.--No interest shall be paid on payments 
        awarded by the Foreign Claims Settlement Commission.
            (6) Remuneration prohibited.--No remuneration on account of 
        representational services rendered on behalf of any claimant in 
        connection with any claim filed with the Foreign Claims 
        Settlement Commission under this title shall exceed one percent 
        of the total amount paid pursuant to any payment certified 
        under the provisions of this title on account of such claim. 
        Any agreement to the contrary shall be unlawful and void. 
        Whoever demands or receives, on account of services so 
        rendered, any remuneration in excess of the maximum permitted 
        by this section shall be fined not more than $5,000 or 
        imprisoned not more than 12 months, or both.
            (7) Appeals and finality.--Objections and appeals of 
        decisions of the Foreign Claims Settlement Commission shall be 
        to the Commission, and upon rehearing, the decision in each 
        claim shall be final, and not subject to further review by any 
        court or agency.
            (8) Certifications for payment.--After a decision approving 
        a claim becomes final, the chairman of the Foreign Claims 
        Settlement Commission shall certify it to the Secretary of the 
        Treasury for authorization of a payment under section 1803.
            (9) Treatment of affidavits.--For purposes of section 1803 
        and subject to paragraph (2), the Foreign Claims Settlement 
        Commission shall treat a claim that is accompanied by an 
        affidavit of an individual that attests to all of the material 
        facts required for establishing eligibility of such individual 
        for payment under such section as establishing a prima facie 
        case of the individual's eligibility for such payment without 
        the need for further documentation, except as the Commission 
        may otherwise require. Such material facts shall include, with 
        respect to a claim under paragraph (2) or (3) of section 
        1803(a), a detailed description of the injury or other 
        circumstance supporting the claim involved, including the level 
        of payment sought.
            (10) Release of related claims.--Acceptance of payment 
        under section 1803 by an individual for a claim related to a 
        compensable Guam decedent or a compensable Guam victim shall be 
        in full satisfaction of all claims related to such decedent or 
        victim, respectively, arising under the Guam Meritorious Claims 
        Act of 1945 (Public Law 79-224), the implementing regulations 
        issued by the United States Navy pursuant thereto, or this 
        title.

SEC. 1805. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING 
              WORLD WAR II.

    (a) Establishment.--Subject to section 1806(b) and in accordance 
with this section, the Secretary of the Interior shall establish a 
grants program under which the Secretary shall award grants for 
research, educational, and media activities that memorialize the events 
surrounding the occupation of Guam during World War II, honor the 
loyalty of the people of Guam during such occupation, or both, for 
purposes of appropriately illuminating and interpreting the causes and 
circumstances of such occupation and other similar occupations during a 
war.
    (b) Eligibility.--The Secretary of the Interior may not award to a 
person a grant under subsection (a) unless such person submits an 
application to the Secretary for such grant, in such time, manner, and 
form and containing such information as the Secretary specifies.

SEC. 1806. AUTHORIZATION OF APPROPRIATIONS.

    (a) Guam World War II Claims Payments and Adjudication.--For 
purposes of carrying out sections 1803 and 1804, there are authorized 
to be appropriated $126,000,000, to remain available for obligation 
until September 30, 2013, to the Foreign Claims Settlement Commission. 
Not more than 5 percent of funds made available under this subsection 
shall be used for administrative costs.
    (b) Guam World War II Grants Program.--For purposes of carrying out 
section 1805, there are authorized to be appropriated $5,000,000, to 
remain available for obligation until September 30, 2013.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2011''.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
              SPECIFIED BY LAW.

    (a) Expiration of Authorizations After 3 Years.--Except as provided 
in subsection (b), all authorizations contained in titles XXI through 
XXVII and title XXIX for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall expire on the 
later of--
            (1) October 1, 2013; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2014.
    (b) Exception.--Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment Program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2013; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2014 for military construction projects, land 
        acquisition, family housing projects and facilities, and 
        contributions to the North Atlantic Treaty Organization 
        Security Investment Program.

SEC. 2003. EFFECTIVE DATE.

    Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall 
take effect on the later of--
            (1) October 1, 2010; or
            (2) the date of the enactment of this Act.

SEC. 2004. GENERAL REDUCTION ACROSS DIVISION.

    (a) Reduction.--Of the amounts provided in the authorizations of 
appropriations in this division, the overall authorization of 
appropriations in this division is reduced by $441,096,000.
    (b) Report on Application.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report describing how the 
reduction required by subsection (a) is applied.

                 TITLE XXI--ARMY MILITARY CONSTRUCTION

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS 
              AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Inside the United States.--The Secretary of the Army may 
acquire real property and carry out military construction projects for 
the installations or locations inside the United States, and subject to 
the purpose, total amount authorized, and authorization of 
appropriations specified for each project, set forth in the following 
table:

------------------------------------------------------------------------
    Army: Military Construction Inside the United States (Amounts Are
                   Specified In Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AK         Fort            Urban Assault           3,350           3,350
            Wainwright...   Course.........
AK         Fort            Multipurpose           12,200          12,200
            Richardson...   Machine Gun
                            Range..........
AK         Fort Greely...  Fire Station....       26,000          26,000
AK         Fort            Aviation Task          27,000          27,000
            Wainwright...   Force Complex,
                            Ph 2B (Company
                            Ops Facility)..
AK         Fort            Simulations            34,000          34,000
            Richardson...   Center.........
AK         Fort            Brigade Complex,       67,038          67,038
            Richardson...   Ph 1...........
AK         Fort            Aviation Task         142,650         142,650
            Wainwright...   Force Complex,
                            Ph 2A (Hangar).
AL         Fort Rucker...  Training Aids           4,650           4,650
                            Center.........
AL         Fort Rucker...  Aviation               29,000          29,000
                            Component
                            Maintenance
                            Shop...........
AL         Fort Rucker...  Aviation               36,000          36,000
                            Maintenance
                            Facility.......
CA         Presidio        Satellite              38,000          38,000
            Monterey.....   Communications
                            Facility.......
CA         Presidio        General                39,000          39,000
            Monterey.....   Instruction
                            Building.......
CA         Presidio        Advanced               63,000          63,000
            Monterey.....   Individual
                            Training
                            Barracks.......
CO         Fort Carson...  Automated Sniper        3,650           3,650
                            Field Fire
                            Range..........
CO         Fort Carson...  Battalion               6,700           6,700
                            Headquarters...
CO         Fort Carson...  Simulations            40,000          40,000
                            Center.........
CO         Fort Carson...  Brigade Complex.       56,000          56,000
FL         Eglin AB......  Chapel..........        6,900           6,900
FL         US Army         Commissary......       19,000          19,000
            Garrison
            Miami........
FL         Miami-Dade      Command &              41,000          41,000
            County.......   Control
                            Facility.......
GA         Fort Stewart..  Modified Record         3,750           3,750
                            Fire Range.....
GA         Fort Gordon...  Training Aids           4,150           4,150
                            Center.........
GA         Fort Stewart..  Automated               6,200           6,200
                            Infantry
                            Platoon Battle
                            Course.........
GA         Fort Stewart..  Training Aids           7,000           7,000
                            Center.........
GA         Fort Stewart..  General                 8,200           8,200
                            Instruction
                            Building.......
GA         Fort Stewart..  Automated               9,100           9,100
                            Multipurpose
                            Machine Gun
                            Range..........
GA         Fort Benning..  Land Acquisition       12,200          12,200
GA         Fort Benning..  Training               14,600          14,600
                            Battalion
                            Complex, Ph 2..
GA         Fort Benning..  Training               14,600          14,600
                            Battalion
                            Complex, Ph 2..
GA         Fort Stewart..  Battalion              18,000          18,000
                            Complex........
GA         Fort Stewart..  Simulations            26,000          26,000
                            Center.........
GA         Fort Benning..  Museum                 32,000          32,000
                            Operations
                            Support
                            Building.......
GA         Fort Stewart..  Aviation Unit          47,000          47,000
                            Operations
                            Complex........
GA         Fort Benning..  Trainee                51,000          51,000
                            Barracks, Ph 2.
GA         Fort Benning..  Vehicle                53,000          53,000
                            Maintenance
                            Shop...........
HI         Fort Shafter..  Flood Mitigation       23,000          23,000
HI         Schofield       Training Aids          24,000          24,000
            Barracks.....   Center.........
HI         Tripler Army    Barracks........       28,000          28,000
            Medical
            Center.......
HI         Fort Shafter..  Command &              58,000          58,000
                            Control
                            Facility, Ph 1.
HI         Schofield       Barracks........       90,000          90,000
            Barracks.....
HI         Schofield       Barracks........       98,000          98,000
            Barracks.....
KS         Fort Riley....  Automated               4,100           4,100
                            Infantry Squad
                            Battle Course..
KS         Fort            Vehicle                 7,100           7,100
            Leavenworth..   Maintenance
                            Shop...........
KS         Fort Riley....  Known Distance          7,200           7,200
                            Range..........
KS         Fort Riley....  Automated              14,800          14,800
                            Qualification/
                            Training Range.
KS         Fort Riley....  Battalion              31,000          31,000
                            Complex, Ph 1..
KY         Fort Campbell.  Automated Sniper        1,500           1,500
                            Field Fire
                            Range..........
KY         Fort Campbell.  Urban Assault           3,300           3,300
                            Course.........
KY         Fort Campbell.  Rappelling              5,600           5,600
                            Training Area..
KY         Fort Knox.....  Access Corridor         6,000           6,000
                            Improvements...
KY         Fort Knox.....  Military               12,800          12,800
                            Operation Urban
                            Terrain
                            Collective
                            Training
                            Facility.......
KY         Fort Campbell.  Vehicle                15,500          15,500
                            Maintenance
                            Shop...........
KY         Fort Campbell.  Company                25,000          25,000
                            Operations
                            Facilities.....
KY         Fort Campbell.  Unit Operations        26,000          26,000
                            Facilities.....
KY         Fort Campbell.  Brigade Complex.       67,000          67,000
LA         Fort Polk.....  Heavy Sniper            4,250           4,250
                            Range..........
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           7,600           7,600
                            Range..........
MD         Aberdeen        Auto Tech              14,600          14,600
            Proving         Evaluate
            Ground.......   Facility, Ph 2.
MD         Fort Meade....  Wideband SATCOM        25,000          25,000
                            Operations
                            Center.........
MO         Fort Leonard    General                 7,000           7,000
            Wood.........   Instruction
                            Building.......
MO         Fort Leonard    Brigade                12,200          12,200
            Wood.........   Headquarters...
MO         Fort Leonard    Information            15,500          15,500
            Wood.........   Systems
                            Facility.......
MO         Fort Leonard    Training               19,000          19,000
            Wood.........   Barracks.......
MO         Fort Leonard    Barracks........       29,000          29,000
            Wood.........
MO         Fort Leonard    Transient              29,000          29,000
            Wood.........   Advanced
                            Trainee
                            Barracks, Ph 2.
NC         Fort Bragg....  Vehicle                 7,500           7,500
                            Maintenance
                            Shop...........
NC         Fort Bragg....  Dining Facility.       11,200          11,200
NC         Fort Bragg....  Company                12,600          12,600
                            Operations
                            Facilities.....
NC         Fort Bragg....  Staging Area           14,600          14,600
                            Complex........
NC         Fort Bragg....  Murchison Road         17,000          17,000
                            Right of Way
                            Acquisition....
NC         Fort Bragg....  Student Barracks       18,000          18,000
NC         Fort Bragg....  Brigade Complex.       25,000          25,000
NC         Fort Bragg....  Vehicle                28,000          28,000
                            Maintenance
                            Shop...........
NC         Fort Bragg....  Battalion              33,000          33,000
                            Complex........
NC         Fort Bragg....  Brigade Complex.       41,000          41,000
NC         Fort Bragg....  Brigade Complex.       50,000          50,000
NC         Fort Bragg....  Command and            53,000          53,000
                            Control
                            Facility.......
NM         White Sands...  Barracks........       29,000          29,000
NY         U.S. Military   Urban Assault           1,700           1,700
            Academy......   Course.........
NY         Fort Drum.....  Alert Holding           6,700           6,700
                            Area Facility..
NY         Fort Drum.....  Infantry Squad          8,200           8,200
                            Battle Course..
NY         Fort Drum.....  Aircraft Fuel          14,600          14,600
                            Storage Complex
NY         Fort Drum.....  Aircraft               16,500          16,500
                            Maintenance
                            Hangar.........
NY         Fort Drum.....  Training Aids          18,500          18,500
                            Center.........
NY         Fort Drum.....  Brigade Complex,       55,000          55,000
                            Ph 1...........
NY         Fort Drum.....  Transient              55,000          55,000
                            Training
                            Barracks.......
NY         Fort Drum.....  Battalion              61,000          61,000
                            Complex........
NY         U.S. Military   Science               130,624         130,624
            Academy......   Facility, Ph 2.
OK         McAlester.....  Igloo Storage,          3,000           3,000
                            Depot Level....
OK         Fort Sill.....  Museum                 12,800          12,800
                            Operations
                            Support
                            Building.......
OK         Fort Sill.....  General Purpose        13,800          13,800
                            Storage
                            Building.......
SC         Fort Jackson..  Training Aids          17,000          17,000
                            Center.........
SC         Fort Jackson..  Trainee Barracks       28,000          28,000
SC         Fort Jackson..  Trainee Barracks       46,000          46,000
                            Complex, Ph 1..
TX         Fort Bliss....  Light Demolition        2,100           2,100
                            Range..........
TX         Fort Hood.....  Live Fire               2,100           2,100
                            Exercise
                            Shoothouse.....
TX         Fort Hood.....  Urban Assault           2,450           2,450
                            Course.........
TX         Fort Bliss....  Urban Assault           2,800           2,800
                            Course.........
TX         Fort Bliss....  Squad Defense           3,000           3,000
                            Range..........
TX         Fort Bliss....  Live Fire               3,150           3,150
                            Exercise
                            Shoothouse.....
TX         Fort Hood.....  Convoy Live Fire        3,200           3,200
TX         Fort Bliss....  Heavy Sniper            3,500           3,500
                            Range..........
TX         Fort Hood.....  Company                 4,300           4,300
                            Operations
                            Facilities.....
TX         Fort Sam        Training Aids           6,200           6,200
            Houston......   Center.........
TX         Fort Bliss....  Automated               6,700           6,700
                            Multipurpose
                            Machine Gun
                            Range..........
TX         Fort Bliss....  Vehicle Bridge          8,700           8,700
                            Overpass.......
TX         Corpus Christi  Rotor Blade            13,400          13,400
            NAS..........   Processing
                            Facility, Ph 2.
TX         Fort Bliss....  Indoor Swimming        15,500          15,500
                            Pool...........
TX         Fort Bliss....  Scout/                 15,500          15,500
                            Reconnaissance
                            Crew Engagement
                            Gunnery Complex
TX         Fort Sam        Simulations            16,000          16,000
            Houston......   Center.........
TX         Fort Bliss....  Theater High           17,500          17,500
                            Altitude Area
                            Defense Battery
                            Complex........
TX         Fort Bliss....  Company                18,500          18,500
                            Operations
                            Facilities.....
TX         Fort Bliss....  Digital                22,000          22,000
                            Multipurpose
                            Training Range.
TX         Fort Bliss....  Transient              31,000          31,000
                            Training
                            Complex........
TX         Fort Hood.....  Brigade Complex.       38,000          38,000
TX         Fort Hood.....  Battalion              40,000          40,000
                            Complex........
TX         Fort Hood.....  Unmanned Aerial        55,000          55,000
                            System Hangar..
VA         Fort A.P. Hill  Known Distance          3,800           3,800
                            Range..........
VA         Fort A.P. Hill  Light Demolition        4,100           4,100
                            Range..........
VA         Fort Lee......  Company                 4,900           4,900
                            Operations
                            Facility.......
VA         Fort Lee......  Training Aids           5,800           5,800
                            Center.........
VA         Fort A.P. Hill  Indoor Firing           6,200           6,200
                            Range..........
VA         Fort Lee......  Automated               7,700           7,700
                            Qualification
                            Training Range.
VA         Fort A.P. Hill  1200 Meter Range       14,500          14,500
VA         Fort Eustis...  Warrior in             18,000          18,000
                            Transition
                            Complex........
VA         Fort Lee......  Museum                 30,000          30,000
                            Operations
                            Support
                            Building.......
VA         Fort A.P. Hill  Military               65,000          65,000
                            Operation Urban
                            Terrain
                            Collective
                            Training
                            Facility.......
WA         Yakima........  Sniper Field            3,750           3,750
                            Fire Range.....
WA         Fort Lewis....  Rappelling              5,300           5,300
                            Training Area..
WA         Fort Lewis....  Regional               16,500          16,500
                            Logistic
                            Support Complex
                            Warehouse......
WA         Fort Lewis....  Barracks Complex       40,000          40,000
WA         Fort Lewis....  Barracks........       47,000          47,000
WA         Fort Lewis....  Regional               63,000          63,000
                            Logistic
                            Support Complex
ZU         Various.......  Training              190,000         190,000
                            Barracks.......
------------------------------------------------------------------------

    (b) Outside the United States.--The Secretary of the Army may 
acquire real property and carry out military construction projects for 
the installations or locations outside the United States, and subject 
to the purpose, total amount authorized, and authorization of 
appropriations specified for each project, set forth in the following 
table:

----------------------------------------------------------------------------------------------------------------
      Army: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
AF                       Bagram AB..................  Joint Defense Operations            2,800            2,800
                                                       Center.....................
AF                       Bagram AB..................  Entry Control Point.........        7,500            7,500
AF                       Bagram AB..................  Eastside Electrical                10,400           10,400
                                                       Distribution...............
AF                       Bagram AB..................  Consolidated Community             14,800           14,800
                                                       Support Area...............
AF                       Bagram AB..................  Barracks....................       18,000           18,000
AF                       Bagram AB..................  Army Aviation HQ Facilities.       19,000           19,000
AF                       Bagram AB..................  Eastside Utilities                 29,000           29,000
                                                       Infrastructure.............
GY                       Wiesbaden AB...............  Command and Battle Center,              0           59,500
                                                       Incr 2.....................
GY                       Wiesbaden AB...............  Construct New Access Control        5,100            5,100
                                                       Point......................
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             30,400           30,400
                                                       Center.....................
GY                       Rhine Ordnance Barracks....  Barracks Complex............       35,000           35,000
GY                       Wiesbaden AB...............  Sensitive Compartmented            91,000           46,000
                                                       Information Facility Inc 1.
HO                       Soto Cano AB...............  Barracks....................       20,400           20,400
IT                       Vicenza....................  Brigade Complex - Barracks/             0           13,000
                                                       Community, Incr 4..........
IT                       Vicenza....................  Brigade Complex - Operations            0           13,000
                                                       Support Facility, Incr 4...
KR                       Camp Walker................  Electrical System Upgrade &        19,500           19,500
                                                       Natural Gas System.........
----------------------------------------------------------------------------------------------------------------

    (c) Authorization of Appropriations.--
            (1) Inside the united states.--For military construction 
        projects inside the United States authorized by subsection (a), 
        funds are hereby authorized to be appropriated for fiscal years 
        beginning after September 30, 2010, in the total amount of 
        $3,456,462,000.
            (2) Outside the united states.--For military construction 
        projects outside the United States authorized by subsection 
        (b), funds are hereby authorized to be appropriated for fiscal 
        years beginning after September 30, 2010, in the total amount 
        of $459,800,000.
            (3) Unspecified minor military construction projects.--For 
        unspecified minor military construction projects authorized by 
        section 2805 of title 10, United States Code, funds are hereby 
        authorized to be appropriated for fiscal years beginning after 
        September 30, 2010, in the total amount of $26,450,000.
            (4) Host nation support and certain services and design.--
        For host nation support and architectural and engineering 
        services and construction design under section 2807 of title 
        10, United States Code, funds are hereby authorized to be 
        appropriated for fiscal years beginning after September 30, 
        2010, in the total amount of $255,462,000.

SEC. 2102. FAMILY HOUSING.

    (a) Construction and Acquisition.--The Secretary of the Army may 
construct or acquire family housing units (including land acquisition 
and supporting facilities) at the installations or locations, and 
subject to the purpose and number of units, total amount authorized, 
and authorization of appropriations specified for each project, set 
forth in the following table:

----------------------------------------------------------------------------------------------------------------
                      Army: Family Housing (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                     Purpose of Project  and     Project      Authorization of
       Location         Installation or Location         Number of Units          Amount       Appropriations
----------------------------------------------------------------------------------------------------------------
AK                     Fort Wainwright...........  Family Housing Replacement       21,000                21,000
                                                    Construction (110 units).
GY                     Baumholder................  Family Housing Replacement       34,329                34,329
                                                    Construction (64 units)..
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--The Secretary of the Army may carry out 
architectural and engineering services and construction design 
activities with respect to the construction or improvement of family 
housing units in an amount not to exceed $2,040,000.
    (c) Improvements to Military Family Housing Units.--Subject to 
section 2825 of title 10, United States Code, the Secretary of the Army 
may improve existing military family housing units in an amount not to 
exceed $35,000,000.
    (d) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 
2010--
            (1) for construction and acquisition, planning and design, 
        and improvement of military family housing and facilities 
        authorized by subsections (a), (b), and (c) in the total amount 
        of $92,369,000; and
            (2) for support of military family housing (including the 
        functions described in section 2833 of title 10, United States 
        Code), in the total amount of $518,140,000.

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.

    (a) Fire Station at Fort Belvoir, Virginia.--Section 2836(d) of the 
Military Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107-107; 115 Stat. 1314), as most recently amended by 
section 2849 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2486), is further 
amended--
            (1) in paragraph (2), by inserting ``through a project for 
        construction of an Army standard-design, two-company fire 
        station at Fort Belvoir, Virginia,'' after ``Building 191''; 
        and
            (2) by adding at the end the following new paragraph:
    ``(3) The Secretary may use up to $3,900,000 of available, 
unobligated Army military construction funds appropriated for a fiscal 
year before fiscal year 2011, in conjunction with the funds provided 
under paragraph (1), for the project described in paragraph (2).''.
    (b) Congressional Notification.--The Secretary of the Army shall 
provide information, in accordance with section 2851(c) of title 10, 
United States Code, regarding the project described in the amendment 
made by subsection (a). If it becomes necessary to exceed the estimated 
project cost of $8,780,000, including $4,880,000 contributed by the 
Commonwealth of Virginia, the Secretary shall utilize the authority 
provided by section 2853 of such title regarding authorized cost and 
scope of work variations.

SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2009 PROJECT.

    The table in section 2101(b) of the Military Construction 
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4661) is amended by striking ``Katterbach'' and 
inserting ``Grafenwoehr''.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2010 PROJECT.

    In the case of the authorization contained in the table in section 
2101(a) of the Military Construction Authorization Act for Fiscal Year 
2010 (division B of Public Law 111-84; 123 Stat. 2628) for Fort Riley, 
Kansas, for construction of a Brigade Complex at the installation, the 
Secretary of the Army may construct up to a 40,100 square-feet brigade 
headquarters consistent with the Army's construction guidelines for 
brigade headquarters.

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 503), authorizations set forth in the 
table in subsection (b), as provided in section 2101 of that Act (122 
Stat. 504), shall remain in effect until October 1, 2011, or the date 
of the enactment of an Act authorizing funds for military construction 
for fiscal year 2012, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                                 Army: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or Location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Georgia...............................  Fort Stewart.............  Unit Operations Facilities..      $16,000,000
Hawaii................................  Schofield Barracks.......  Tactical Vehicle Wash             $10,200,000
                                                                    Facility.
                                                                   Barracks Complex............      $51,000,000
Louisiana.............................  Fort Polk................  Brigade Headquarters........       $9,800,000
                                                                   Child Care Facility.........       $6,100,000
Missouri..............................  Fort Leonard Wood........  Multipurpose Machine Gun           $4,150,000
                                                                    Range.
Oklahoma..............................  Fort Sill................  Multipurpose Machine Gun           $3,300,000
                                                                    Range.
Washington............................  Fort Lewis...............  Alternative Fuel Facility...       $3,300,000
----------------------------------------------------------------------------------------------------------------

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS 
              AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Inside the United States.--The Secretary of the Navy may 
acquire real property and carry out military construction projects for 
the installations or locations inside the United States, and subject to 
the purpose, total amount authorized, and authorization of 
appropriations specified for each project, set forth in the following 
table:

------------------------------------------------------------------------
    Navy: Military Construction Inside the United States (Amounts Are
                   Specified In Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AL         Mobile........  T-6 Outlying           29,082          29,082
                            Landing Field..
AZ         Yuma..........  Aircraft               40,600          40,600
                            Maintenance
                            Hangar.........
AZ         Yuma..........  Aircraft               63,280          63,280
                            Maintenance
                            Hangar.........
AZ         Yuma..........  Communications         63,730          63,730
                            Infrastructure
                            Upgrade........
AZ         Yuma..........  Intermediate           21,480          21,480
                            Maintenance
                            Activity
                            Facility.......
AZ         Yuma..........  Simulator              36,060          36,060
                            Facility.......
AZ         Yuma..........  Utilities              44,320          44,320
                            Infrastructure
                            Upgrades.......
AZ         Yuma..........  Van Pad Complex        15,590          15,590
                            Relocation.....
CA         Coronado NB...  Maritime                6,890           6,890
                            Expeditionary
                            Security Group-
                            One (MESG-1)
                            Consolidated
                            Boat
                            Maintenance
                            Facility.......
CA         Monterey NSA..  International          11,960          11,960
                            Academic
                            Instruction
                            Building.......
CA         Camp Pendleton  Bachelor               42,864          42,864
                            Enlisted
                            Quarters - 13
                            Area...........
CA         Camp Pendleton  Bachelor               37,020          37,020
                            Enlisted
                            Quarters - Las
                            Flores.........
CA         Camp Pendleton  Center for Naval       66,110          66,110
                            Aviation
                            Technical
                            Training/Fleet
                            Replacement
                            Squadron -
                            Aviation
                            Training and
                            Bachelor
                            Enlisted
                            Quarters.......
CA         Camp Pendleton  Conveyance/Water      100,700         100,700
                            Treatment......
CA         Camp Pendleton  Marine Aviation        48,230          48,230
                            Logistics
                            Squadron-39
                            Maintenance
                            Hangar
                            Expansion......
CA         Camp Pendleton  Marine Corps            9,950           9,950
                            Energy
                            Initiative.....
CA         Camp Pendleton  North Region                0          30,000
                            Tert Treat
                            Plant
                            (Incremented)..
CA         Camp Pendleton  Small Arms              3,760           3,760
                            Magazine -
                            Edson Range....
CA         Camp Pendleton  Truck Company          53,490          53,490
                            Operations
                            Complex........
CA         Coronado......  Rotary Hangar...       67,160          67,160
CA         Miramar.......  Aircraft               90,490          90,490
                            Maintenance
                            Hangar.........
CA         Miramar.......  Hangar 4........       33,620          33,620
CA         Miramar.......  Parking Apron/         66,500          66,500
                            Taxiway
                            Expansion......
CA         San Diego.....  Bachelor               75,342          75,342
                            Enlisted
                            Quarters,
                            Homeport Ashore
CA         San Diego.....  Berthing Pier 12      108,414         108,414
                            Replace &
                            Dredging, Ph 1.
CA         San Diego.....  Marine Corps            9,950           9,950
                            Energy
                            Initiative.....
CA         Twentynine      Bachelor               53,158          53,158
            Palms........   Enlisted
                            Quarters &
                            Parking
                            Structure......
FL         Panama City     Purchase 9 Acres        5,960           5,960
            NSA..........
FL         Blount Island.  Consolidated           17,260          17,260
                            Warehouse
                            Facility.......
FL         Blount Island.  Container               5,990           5,990
                            Staging and
                            Loading Lot....
FL         Blount Island.  Container               4,910           4,910
                            Storage Lot....
FL         Blount Island.  Hardstand              17,930          17,930
                            Extension......
FL         Blount Island.  Paint and Blast        18,840          18,840
                            Facility.......
FL         Blount Island.  Washrack                9,690           9,690
                            Expansion......
FL         Tampa.........  Joint Comms             2,300           2,300
                            Support Element
                            Vehicle Paint
                            Facility.......
GA         Albany MCLB...  Maintenance             5,180           5,180
                            Center Test
                            Firing Range...
GA         Kings Bay.....  Security Enclave       45,004          45,004
                            & Vehicle
                            Barriers.......
GA         Kings Bay.....  Waterfront             15,660          15,660
                            Emergency Power
HI         Camp Smith....  Physical Fitness       29,960          29,960
                            Center.........
HI         Kaneohe Bay...  Bachelor               90,530          90,530
                            Enlisted
                            Quarters.......
HI         Kaneohe Bay...  Waterfront             19,130          19,130
                            Operations
                            Facility.......
HI         Pearl Harbor..  Center for              9,140           9,140
                            Disaster Mgt/
                            Humanitarian
                            Assistance.....
HI         Pearl Harbor..  Joint POW/MIA          99,328          99,328
                            Accounting
                            Command........
MD         Patuxent River  Atlantic Test          10,160          10,160
            NAS..........   Range Addition.
MD         Indian Head...  Agile Chemical         34,238          34,238
                            Facility, Ph 2.
MD         Patuxent River  Broad Area             42,211          42,211
                            Maritime
                            Surveillance &
                            E Facility.....
ME         Portsmouth NSY  Structural Shops       11,910          11,910
                            Addition, Ph 1.
NC         Camp Lejeune..  2nd Intel              90,270          90,270
                            Battalion
                            Maintenance/Ops
                            Complex........
NC         Camp Lejeune..  Armory- II MEF -       12,280          12,280
                            Wallace Creek..
NC         Camp Lejeune..  Bachelor               40,780          40,780
                            Enlisted
                            Quarters -
                            Courthouse Bay.
NC         Camp Lejeune..  Bachelor               42,330          42,330
                            Enlisted
                            Quarters -
                            Courthouse Bay.
NC         Camp Lejeune..  Bachelor               43,640          43,640
                            Enlisted
                            Quarters -
                            French Creek...
NC         Camp Lejeune..  Bachelor               55,350          55,350
                            Enlisted
                            Quarters -
                            Rifle Range....
NC         Camp Lejeune..  Bachelor               51,660          51,660
                            Enlisted
                            Quarters -
                            Wallace Creek..
NC         Camp Lejeune..  Bachelor               46,290          46,290
                            Enlisted
                            Quarters -
                            Wallace Creek
                            North..........
NC         Camp Lejeune..  Bachelor               46,550          46,550
                            Enlisted
                            Quarters - Camp
                            Johnson........
NC         Camp Lejeune..  Explosive               7,420           7,420
                            Ordnance
                            Disposal Unit
                            Addition - 2nd
                            Marine
                            Logistics Group
NC         Camp Lejeune..  Hangar..........       73,010          73,010
NC         Camp Lejeune..  Maintenance            74,260          74,260
                            Hangar.........
NC         Camp Lejeune..  Maintenance/Ops        36,100          36,100
                            Complex - 2ND
                            Air Naval
                            Gunfire Liaison
                            Company........
NC         Camp Lejeune..  Marine Corps            9,950           9,950
                            Energy
                            Initiative.....
NC         Camp Lejeune..  Mess Hall -            25,960          25,960
                            French Creek...
NC         Camp Lejeune..  Mess Hall               2,553           2,553
                            Addition -
                            Courthouse Bay.
NC         Camp Lejeune..  Motor                  18,470          18,470
                            Transportation/
                            Communications
                            Maintenance
                            Facility.......
NC         Camp Lejeune..  Utility                56,470          56,470
                            Expansion -
                            Hadnot Point...
NC         Camp Lejeune..  Utility                56,050          56,050
                            Expansion -
                            French Creek...
NC         Cherry Point    Bachelor               42,500          42,500
            Marine Corps    Enlisted
            Air Station..   Quarters.......
NC         Cherry Point    Mariners Bay            3,790           3,790
            Marine Corps    Land
            Air Station..   Acquisition -
                            Bogue..........
NC         Cherry Point    Missile Magazine       13,420          13,420
            Marine Corps
            Air Station..
NC         Cherry Point    Station                 5,800           5,800
            Marine Corps    Infrastructure
            Air Station..   Upgrades.......
RI         Newport.......  Electromagnetic        27,007          27,007
                            Facility.......
SC         Beaufort......  Air Installation       21,190          21,190
                            Compatible Use
                            Zone Land
                            Acquisition....
SC         Beaufort......  Aircraft Hangar.       46,550          46,550
SC         Beaufort......  Physical Fitness       15,430          15,430
                            Center.........
SC         Beaufort......  Training and           46,240          46,240
                            Simulator
                            Facility.......
TX         Kingsville NAS  Youth Center....        2,610           2,610
VA         Norfolk.......  Pier 9 & 10             2,400           2,400
                            Upgrades for
                            DDG 1000.......
VA         Norfolk.......  Pier 1 Upgrades        10,035          10,035
                            to Berth USNS
                            Comfort........
VA         Portsmouth....  Ship Repair Pier            0         100,000
                            Replacement....
VA         Quantico......  Academic               12,080          12,080
                            Facility
                            Addition -
                            Staff Non
                            Commissioned
                            Officer Academy
VA         Quantico......  Bachelor               37,810          37,810
                            Enlisted
                            Quarters.......
VA         Quantico......  Research Center        37,920          37,920
                            Addition - MCU.
VA         Quantico......  Student Officer        55,822          55,822
                            Quarters - The
                            Basic School...
WA         Kitsap NB.....  Charleston Gate         6,150           6,150
                            ECP
                            Improvements...
WA         Bangor........  Commander              16,170          16,170
                            Submarine
                            Development
                            Squadron 5
                            Laboratory
                            Expansion Ph1..
WA         Bangor........  Limited Area           15,810          15,810
                            Emergency Power
WA         Bangor........  Waterfront             24,913          24,913
                            Restricted Area
                            Emergency Power
WA         Bremerton.....  Limited Area                0          19,116
                            Product/STRG
                            Complex
                            (incremented)..
------------------------------------------------------------------------

    (b) Outside the United States.--The Secretary of the Navy may 
acquire real property and carry out military construction projects for 
the installations or locations outside the United States, and subject 
to the purpose, total amount authorized, and authorization of 
appropriations specified for each project, set forth in the following 
table:

----------------------------------------------------------------------------------------------------------------
      Navy: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
BI                       SW Asia....................  Navy Central Command               89,280           89,280
                                                       Ammunition Magazines.......
BI                       SW Asia....................  Operations and Support             60,002           60,002
                                                       Facilities.................
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               28,076           28,076
                                                       Operations Center..........
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                 0           93,588
                                                       Parking, Ph 1, Inc 2.......
ML                       Guam.......................  Anderson AFB North Ramp                 0           79,350
                                                       Utilities, Ph 1, Inc 2.....
ML                       Guam.......................  Apra Harbor Wharves                     0           40,000
                                                       Improvements, Ph 1.........
ML                       Guam.......................  Defense Access Roads               66,730           66,730
                                                       Improvements...............
ML                       Guam.......................  Finegayan Site Prep and           147,210          147,210
                                                       Utilities..................
SP                       Rota.......................  Air Traffic Control Tower...       23,190           23,190
----------------------------------------------------------------------------------------------------------------

    (c) Authorization of Appropriations.--
            (1) Inside the united states.--For military construction 
        projects inside the United States authorized by subsection (a), 
        funds are hereby authorized to be appropriated for fiscal years 
        beginning after September 30, 2010, in the total amount of 
        $3,077,237,000.
            (2) Outside the united states.--For military construction 
        projects outside the United States authorized by subsection 
        (b), funds are hereby authorized to be appropriated for fiscal 
        years beginning after September 30, 2010, in the total amount 
        of $721,760,000.
            (3) Unspecified minor military construction projects.--For 
        unspecified minor military construction projects authorized by 
        section 2805 of title 10, United States Code, funds are hereby 
        authorized to be appropriated for fiscal years beginning after 
        September 30, 2010, in the total amount of $20,877,000.
            (4) Architectural and engineering services and construction 
        design.--For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, funds are hereby authorized to be appropriated for 
        fiscal years beginning after September 30, 2010, in the total 
        amount of $121,765,000. None of the funds appropriated pursuant 
        to this authorization of appropriations may be used for 
        architectural and engineering services and construction design 
        of any military construction project necessary to establish a 
        homeport for a nuclear-powered aircraft carrier at Naval 
        Station Mayport, Florida.

SEC. 2202. FAMILY HOUSING.

    (a) Construction and Acquisition.--The Secretary of the Navy may 
construct or acquire family housing units (including land acquisition 
and supporting facilities) at the installations or locations, and 
subject to the purpose and number of units, total amount authorized, 
and authorization of appropriations specified for each project, set 
forth in the following table:

----------------------------------------------------------------------------------------------------------------
                      Navy: Family Housing (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                     Purpose of Project  and     Project      Authorization of
       Location         Installation or Location         Number of Units          Amount       Appropriations
----------------------------------------------------------------------------------------------------------------
GB                     Guantanamo Bay............  Replace GTMO Housing......       37,169                37,169
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--The Secretary of the Navy may carry out 
architectural and engineering services and construction design 
activities with respect to the construction or improvement of family 
housing units in an amount not to exceed $3,255,000.
    (c) Improvements to Military Family Housing Units.--Subject to 
section 2825 of title 10, United States Code, the Secretary of the Navy 
may improve existing military family housing units in an amount not to 
exceed $146,020,000.
    (d) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 
2010--
            (1) for construction and acquisition, planning and design, 
        and improvement of military family housing and facilities 
        authorized by subsections (a), (b), and (c) in the total amount 
        of $186,444,000; and
            (2) for support of military family housing (including the 
        functions described in section 2833 of title 10, United States 
        Code), in the total amount of $366,346,000.

SEC. 2203. TECHNICAL AMENDMENT TO REFLECT MULTI-INCREMENT FISCAL YEAR 
              2010 PROJECT.

    Section 2204 of the Military Construction Authorization Act for 
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2634), is 
amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(14) For the construction of the first increment of a 
        tertiary water treatment plant at Marine Corps Base, Camp 
        Pendleton, California, authorized by section 2201(a), 
        $112,330,000.''; and
            (2) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(7) $30,000,000 (the balance of the amount authorized 
        under section 2201(a) for North Region Tertiary Treatment 
        Plant, Camp Pendleton, California).''.

SEC. 2204. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008 
              PROJECT.

    (a) Extension.--Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 503), the authorization set forth in the 
table in subsection (b), as provided in section 2201(c) of that Act 
(122 Stat. 511), shall remain in effect until October 1, 2011, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2012, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                                  Navy: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
               Location                  Installation or Location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Worldwide.............................  Unspecified..............  Host Nation Infrastructure..       $2,700,000
----------------------------------------------------------------------------------------------------------------

              TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Inside the United States.--The Secretary of the Air Force may 
acquire real property and carry out military construction projects for 
the installations or locations inside the United States, and subject to 
the purpose, total amount authorized, and authorization of 
appropriations specified for each project, set forth in the following 
table:

------------------------------------------------------------------------
 Air Force: Military Construction Inside the United States (Amounts Are
                   Specified In Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AK         Eielson AFB...  Repair Central         28,000          28,000
                            Heat Plant &
                            Power Plant
                            Boilers........
AK         Elmendorf AFB.  Add/Alter Air           4,749           4,749
                            Support
                            Operations
                            Squadron
                            Training.......
AK         Elmendorf AFB.  Construct              15,000          15,000
                            Railhead
                            Operations
                            Facility.......
AK         Elmendorf AFB.  F-22 Add/Alter         10,525          10,525
                            Weapons Release
                            Systems Shop...
AL         Maxwell AFB...  ADAL Air               13,400          13,400
                            University
                            Library........
AZ         Davis-Monthan   Aerospace              25,000          25,000
            AFB..........   Maintenance and
                            Regeneration
                            Group Hangar...
AZ         Davis-Monthan   HC-130 Aerospace        4,600           4,600
            AFB..........   Ground
                            Equipment
                            Maintenance
                            Facility.......
AZ         Davis-Monthan   HC-130J Aerial         10,700          10,700
            AFB..........   Cargo Facility.
AZ         Davis-Monthan   HC-130J Parts           8,200           8,200
            AFB..........   Store..........
AZ         Fort Huachuca.  Total Force            11,000          11,000
                            Integration-
                            Predator Launch
                            and Recovery
                            Element Beddown
CA         Los Angeles     Parking Garage,         4,500           4,500
            AFB..........   Ph 2...........
CO         Buckley AFB...  Security Forces        12,160          12,160
                            Operations
                            Facility.......
CO         Peterson AFB..  Rapid Attack           24,800          24,800
                            Identification
                            Detection
                            Repair System
                            Space Control
                            Facility.......
CO         U.S. Air Force  Const Center for       27,600          27,600
            Academy......   Character &
                            Leadership
                            Development....
DC         Bolling AFB...  Joint Air              13,200          13,200
                            Defense
                            Operations
                            Center.........
DE         Dover AFB.....  C-5M/C-17               3,200           3,200
                            Maintenance
                            Training
                            Facility, Ph 2.
FL         Eglin AFB.....  F-35 Fuel Cell         11,400          11,400
                            Maintenance
                            Hangar.........
FL         Hurlburt Field  ADAL Special            6,170           6,170
                            Operations
                            School Facility
FL         Hurlburt Field  Add to Visiting         4,500           4,500
                            Quarters (24
                            Rm)............
FL         Hurlburt Field  Base Logistics         24,000          24,000
                            Facility.......
FL         Patrick AFB...  Air Force             158,009          79,009
                            Technical
                            Application
                            Center.........
GA         Robins AFB....  Warehouse.......        5,500           5,500
LA         Barksdale AFB.  Weapons Load           18,140          18,140
                            Crew Training
                            Facility.......
MO         Whiteman AFB..  Consolidated Air       23,500          23,500
                            Ops Facility...
NC         Pope AFB......  Crash/Fire/            13,500          13,500
                            Rescue Station.
ND         Minot AFB.....  Control Tower/         18,770          18,770
                            Base Operations
                            Facility.......
NJ         McGuire AFB...  Base Ops/Command        8,000           8,000
                            Post Facility
                            (TFI)..........
NJ         McGuire AFB...  Dormitory (120         18,440          18,440
                            RM)............
NM         Holloman AFB..  Parallel                8,000           8,000
                            Taxiway, Runway
                            07/25..........
NM         Kirtland AFB..  Replace Fire            6,800           6,800
                            Station........
NM         Cannon AFB....  Dormitory (96          14,000          14,000
                            rm)............
NM         Cannon AFB....  UAS Squadron Ops       20,000          20,000
                            Facility.......
NM         Holloman AFB..  UAS Add/Alter          15,470          15,470
                            Maintenance
                            Hangar.........
NM         Holloman AFB..  UAS Maintenance        22,500          22,500
                            Hangar.........
NM         Kirtland AFB..  Aerial Delivery         3,800           3,800
                            Facility
                            Addition.......
NM         Kirtland AFB..  Armament Shop...        6,460           6,460
NM         Kirtland AFB..  H/MC-130 Fuel          14,142          14,142
                            System
                            Maintenance
                            Facility.......
NV         Creech AFB....  UAS Airfield           11,710          11,710
                            Fire/Crash
                            Rescue Station.
NV         Nellis AFB....  F-35 Add/Alter          7,870           7,870
                            422 Test
                            Evaluation
                            Squadron
                            Facility.......
NV         Nellis AFB....  F-35 Add/Alter          1,900           1,900
                            Flight Test
                            Instrumentation
                            Facility.......
NV         Nellis AFB....  F-35 Flight            13,110          13,110
                            Simulator
                            Facility.......
NV         Nellis AFB....  F-35 Maintenance       28,760          28,760
                            Hangar.........
NY         Fort Drum.....  20th Air Support       20,440          20,440
                            Operations
                            Squadron
                            Complex........
OK         Tinker AFB....  Upgrade Building       14,000          14,000
                            3001
                            Infrastructure,
                            Ph 3...........
SC         Charleston AFB  Civil Engineer         15,000          15,000
                            Complex (TFI) -
                            Ph 1...........
TX         Laughlin AFB..  Community Event        10,500          10,500
                            Complex........
TX         Dyess AFB.....  C-130J Add/Alter        4,080           4,080
                            Flight
                            Simulator
                            Facility.......
TX         Ellington       Upgrade Unmanned        7,000           7,000
            Field........   Aerial Vehicle
                            Maintenance
                            Hangar.........
TX         Lackland AFB..  Basic Military         32,000          32,000
                            Training
                            Satellite
                            Classroom/
                            Dining Facility
                            No 2...........
TX         Lackland AFB..  One-Company Fire        5,500           5,500
                            Station........
TX         Lackland AFB..  Recruit                67,980          67,980
                            Dormitory, Ph 3
TX         Lackland AFB..  Recruit/Family         21,800          21,800
                            Inprocessing &
                            Info Center....
UT         Hill AFB......  F-22 T-10 Engine        2,800           2,800
                            Test Cell......
VA         Langley AFB...  F-22 Add/Alter          8,800           8,800
                            Hangar Bay LO/
                            CR Facility....
WY         Camp Guernsey.  Nuclear/Space           4,650           4,650
                            Security
                            Tactics
                            Training Center
------------------------------------------------------------------------

    (b) Outside the United States.--The Secretary of the Air Force may 
acquire real property and carry out military construction projects for 
the installations or locations outside the United States, and subject 
to the purpose, total amount authorized, and authorization of 
appropriations specified for each project, set forth in the following 
table:

----------------------------------------------------------------------------------------------------------------
   Air Force: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
AF                       Bagram AFB.................  Consolidated Rigging                9,900            9,900
                                                       Facility...................
AF                       Bagram AFB.................  Fighter Hangar..............       16,480           16,480
AF                       Bagram AFB.................  MEDEVAC Ramp Expansion/Fire        16,580           16,580
                                                       Station....................
BI                       SW Asia....................  North Apron Expansion.......       45,000           45,000
GU                       Andersen AFB...............  Combat Communications               9,200            9,200
                                                       Operations Facility........
GU                       Andersen AFB...............  Commando Warrior Open Bay          11,800           11,800
                                                       Student Barracks...........
GU                       Andersen AFB...............  Guam Strike Ops Group &             9,100            9,100
                                                       Tanker Task Force..........
GU                       Andersen AFB...............  Guam Strike South Ramp             12,200           12,200
                                                       Utilities, Ph 1............
GU                       Andersen AFB...............  Red Horse Headquarters/             8,000            8,000
                                                       Engineering Facility.......
GY                       Kapaun.....................  Dormitory (128 RM)..........       19,600           19,600
GY                       Ramstein AB................  Unmanned Aerial System             10,800           10,800
                                                       Satellite Communication
                                                       Relay Pads & Facility......
GY                       Ramstein AFB...............  Construct C-130J Flight             8,800            8,800
                                                       Simulator Facility.........
GY                       Ramstein AFB...............  Deicing Fluid Storage &             2,754            2,754
                                                       Dispensing Facility........
GY                       Vilseck....................  Air Support Operations             12,900           12,900
                                                       Squadron Complex...........
IT                       Aviano AFB.................  Air Support Operations             10,200           10,200
                                                       Squadron Facility..........
IT                       Aviano AFB.................  Dormitory (144 RM)..........       19,000           19,000
KR                       Kunsan AFB.................  Construct Distributed               7,500            7,500
                                                       Mission Training Flight
                                                       Simulator Facility.........
QA                       Al Udeid...................  Blatchford-Preston Complex         62,300           62,300
                                                       Ph 2.......................
UK                       Royal Air Force Mildenhall.  Extend Taxiway Alpha........       15,000           15,000
----------------------------------------------------------------------------------------------------------------

    (c) Unspecified Worldwide.--The Secretary of the Air Force may 
acquire real property and carry out military construction projects at 
various unspecified installations or locations, and subject to the 
purpose, total amount authorized, and authorization of appropriations 
specified for each project, set forth in the following table:

----------------------------------------------------------------------------------------------------------------
                Air Force: Unspecified Worldwide (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
ZU                       Unspecified Worldwide        F-35 Academic Training             54,150           54,150
                          Locations.................   Center.....................
ZU                       Unspecified Worldwide        F-35 Flight Simulator              12,190           12,190
                          Locations.................   Facility...................
ZU                       Various Worldwide Locations  F-35 Squadron Operations           10,260           10,260
                                                       Facility...................
----------------------------------------------------------------------------------------------------------------

    (d) Authorization of Appropriations.--
            (1) Inside the united states.--For military construction 
        projects inside the United States authorized by subsection (a), 
        funds are hereby authorized to be appropriated for fiscal years 
        beginning after September 30, 2010, in the total amount of 
        $836,635,000.
            (2) Outside the united states.--For military construction 
        projects outside the United States authorized by subsection 
        (b), funds are hereby authorized to be appropriated for fiscal 
        years beginning after September 30, 2010, in the total amount 
        of $307,114,000.
            (3) Unspecified worldwide.--For the military construction 
        projects at unspecified worldwide locations authorized by 
        subsection (c), funds are hereby authorized to be appropriated 
        for fiscal years beginning after September 30, 2010, in the 
        total amount of $76,600,000.
            (4) Unspecified minor military construction projects.--For 
        unspecified minor military construction projects authorized by 
        section 2805 of title 10, United States Code, funds are hereby 
        authorized to be appropriated for fiscal years beginning after 
        September 30, 2010, in the total amount of $21,000,000.
            (5) Architectural and engineering services and construction 
        design.--For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, funds are hereby authorized to be appropriated for 
        fiscal years beginning after September 30, 2010, in the total 
        amount of $74,424,000.

SEC. 2302. FAMILY HOUSING.

    (a) Construction and Acquisition.--The Secretary of the Air Force 
may construct or acquire family housing units (including land 
acquisition and supporting facilities) at the installations or 
locations, and subject to the purpose and number of units, total amount 
authorized, and authorization of appropriations specified for each 
project, set forth in the following table:

----------------------------------------------------------------------------------------------------------------
                    Air Force: Family Housing (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                     Purpose of Project  and     Project      Authorization of
       Location         Installation or Location         Number of Units          Amount       Appropriations
----------------------------------------------------------------------------------------------------------------
ZU                     Various Worldwide           Classified Project........           50                    50
                        locations................
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--The Secretary of the Air Force may carry 
out architectural and engineering services and construction design 
activities with respect to the construction or improvement of family 
housing units in an amount not to exceed $4,225,000.
    (c) Improvements to Military Family Housing Units.--Subject to 
section 2825 of title 10, United States Code, the Secretary of the Air 
Force may improve existing military family housing units in an amount 
not to exceed $73,750,000.
    (d) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 
2010--
            (1) for construction and acquisition, planning and design, 
        and improvement of military family housing and facilities 
        authorized by subsections (a), (b), and (c) in the total amount 
        of $78,025,000; and
            (2) for support of military family housing (including the 
        functions described in section 2833 of title 10, United States 
        Code), in the total amount of $513,792,000.

SEC. 2303. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2007 
              PROJECT.

    (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B of 
Public Law 109-364; 120 Stat. 2463), authorization set forth in the 
table in subsection (b), as provided in section 2302 of that Act (120 
Stat. 2455) and extended by section 2306 of the Military Construction 
Authorization Act for Fiscal Year 2010 (division B of Public Law 111-
84; 123 Stat. 2638), shall remain in effect until October 1, 2011, or 
the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2012, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                               Air Force: Extension of 2007 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                        Installation                    Project                 Amount
----------------------------------------------------------------------------------------------------------------
Idaho.................................  Mountain Home Air Force    Replace Family Housing (457      $107,800,000
                                         Base....................   units).....................
----------------------------------------------------------------------------------------------------------------

           TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

               Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Inside the United States.--The Secretary of Defense may acquire 
real property and carry out military construction projects for the 
Defense Agencies at installations or locations inside the United 
States, and subject to the purpose, total amount authorized, and 
authorization of appropriations specified for each project, set forth 
in the following table:

------------------------------------------------------------------------
    Defense Wide: Inside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AZ         Marana........  Special                 6,250           6,250
                            Operations
                            Forces
                            Parachute
                            Training
                            Facility.......
AZ         Yuma..........  Special                 8,977           8,977
                            Operations
                            Forces Military
                            Free Fall
                            Simulator......
CA         Point Loma      Replace Storage             0          20,000
            Annex........   Facility, Incr
                            3..............
CA         Point Mugu....  Aircraft Direct         3,100           3,100
                            Fueling Station
CO         Fort Carson...  Special                 3,717           3,717
                            Operations
                            Forces Tactical
                            Unmanned Aerial
                            Vehicle Hangar.
DC         Bolling AFB...  Replace Parking         3,000           3,000
                            Structure, Ph 1
FL         Eglin AFB.....  Special                 6,030           6,030
                            Operations
                            Forces Ground
                            Support
                            Battalion
                            Detachment.....
GA         Augusta.......  National               12,855          12,855
                            Security Agency/
                            Central
                            Security
                            Service Georgia
                            Training
                            Facility.......
GA         Fort Benning..  Dexter                  2,800           2,800
                            Elementary
                            School
                            Construct Gym..
GA         Fort Benning..  Special                20,441          20,441
                            Operations
                            Forces Company
                            Support
                            Facility.......
GA         Fort Benning..  Special                 3,624           3,624
                            Operations
                            Forces Military
                            Working Dog
                            Kennel Complex.
GA         Fort Stewart..  Health Clinic          35,100          35,100
                            Addition/
                            Alteration.....
GA         Hunter ANGS...  Fuel Unload             2,400           2,400
                            Facility.......
GA         Hunter Army     Special                 3,318           3,318
            Airfield.....   Operations
                            Forces Tactical
                            Equipment
                            Maintenance
                            Facility
                            Expansion......
HI         Hickam AFB....  Alter Fuel              8,500           8,500
                            Storage Tanks..
HI         Pearl Harbor..  Naval Special          28,804          28,804
                            Warfare Group 3
                            Command and
                            Operations
                            Facility.......
ID         Mountain Home   Replace Fuel           27,500          27,500
            AFB..........   Storage Tanks..
IL         Scott Air       Field Command           1,388           1,388
            Force Base...   Facility
                            Upgrade........
KY         Fort Campbell.  Special                38,095          38,095
                            Operations
                            Forces
                            Battalion Ops
                            Complex........
MA         Hanscom AFB...  Mental Health           2,900           2,900
                            Clinic Addition
MD         Aberdeen        US Army Medical             0         105,000
            Proving         Research
            Ground.......   Institute of
                            Infectious
                            Diseases
                            Replacement,
                            Inc 3..........
MD         Andrews AFB...  Replace Fuel           14,000          14,000
                            Storage &
                            Distribution
                            Facility.......
MD         Bethesda Naval  National Naval         17,100          17,100
            Hospital.....   Medical Center
                            Parking
                            Expansion......
MD         Bethesda Naval  Transient              62,900          62,900
            Hospital.....   Wounded Warrior
                            Lodging........
MD         Fort Detrick..  Consolidated           23,100          23,100
                            Logistics
                            Facility.......
MD         Fort Detrick..  Information             4,300           4,300
                            Services
                            Facility
                            Expansion......
MD         Fort Detrick..  National                2,700           2,700
                            Interagency
                            Biodefense
                            Campus Security
                            Fencing And
                            Equipment......
MD         Fort Detrick..  Supplemental            3,700           3,700
                            Water Storage..
MD         Fort Detrick..  US Army Medical             0          17,400
                            Research
                            Institute of
                            Infectious
                            Diseases -
                            Stage I, Inc 5.
MD         Fort Detrick..  Water Treatment        11,900          11,900
                            Plant Repair &
                            Supplement.....
MD         Fort Meade....  North Campus          219,360         219,360
                            Utility Plant..
MS         Stennis Space   Special                 8,000           8,000
            Center.......   Operations
                            Forces Land
                            Acquisition, Ph
                            3..............
NC         Camp Lejeune..  Tarawa Terrace I       16,646          16,646
                            Elementary
                            School Replace
                            School.........
NC         Fort Bragg....  McNair                 23,086          23,086
                            Elementary
                            School -
                            Replace School.
NC         Fort Bragg....  Murray                 22,000          22,000
                            Elementary
                            School -
                            Replace School.
NC         Fort Bragg....  Special                10,347          10,347
                            Operations
                            Forces Admin/
                            Company
                            Operations.....
NC         Fort Bragg....  Special                41,000          41,000
                            Operations
                            Forces C4
                            Facility.......
NC         Fort Bragg....  Special                32,000          32,000
                            Operations
                            Forces Joint
                            Intelligence
                            Brigade
                            Facility.......
NC         Fort Bragg....  Special                11,000          11,000
                            Operations
                            Forces
                            Operational
                            Communications
                            Facility.......
NC         Fort Bragg....  Special                15,795          15,795
                            Operations
                            Forces
                            Operations
                            Additions......
NC         Fort Bragg....  Special                13,465          13,465
                            Operations
                            Forces
                            Operations
                            Support
                            Facility.......
NM         Cannon AFB....  Special                13,287          13,287
                            Operations
                            Forces ADD/ALT
                            Simulator
                            Facility For MC-
                            130............
NM         Cannon AFB....  Special                12,636          12,636
                            Operations
                            Forces Aircraft
                            Parking Apron
                            (MC-130j)......
NM         Cannon AFB....  Special                26,006          26,006
                            Operations
                            Forces C-130
                            Parking Apron
                            Phase I........
NM         Cannon AFB....  Special                24,622          24,622
                            Operations
                            Forces Hangar/
                            AMU (MC-130j)..
NM         Cannon AFB....  Special                39,674          39,674
                            Operations
                            Forces
                            Operations And
                            Training
                            Complex........
NM         White Sands...  Health And             22,900          22,900
                            Dental Clinics.
NY         U.S. Military   West Point MS          27,960          27,960
            Academy......   Add/Alt........
OH         Columbus......  Replace Public          7,400           7,400
                            Safety Facility
PA         Def             Replace                96,000          96,000
            Distribution    Headquarters
            Depot New       Facility.......
            Cumberland...
TX         Fort Bliss....  Hospital                    0         147,100
                            Replacement,
                            Incr 2.........
TX         Lackland AFB..  Ambulatory Care       162,500         162,500
                            Center, Ph 2...
UT         Camp Williams.  Comprehensive               0         398,358
                            National
                            Cybersecurity
                            Initiative Data
                            Center
                            Increment 2....
VA         Craney Island.  Replace Fuel           58,000          58,000
                            Pier...........
VA         Fort Belvoir..  Dental Clinic           6,300           6,300
                            Replacement....
VA         Pentagon......  Pentagon Metro &        6,473           6,473
                            Corridor 8
                            Screening
                            Facility.......
VA         Pentagon......  Power Plant            51,928          51,928
                            Modernization,
                            Ph 3...........
VA         Pentagon......  Secure Access           4,923           4,923
                            Lane-Remote
                            Vehicle
                            Screening......
VA         Quantico......  New Consolidated       47,355          47,355
                            Elementary
                            School.........
WA         Fort Lewis....  Special                 4,700           4,700
                            Operations
                            Forces Military
                            Working Dogs
                            Kennel.........
WA         Fort Lewis....  Preventive              8,400           8,400
                            Medicine
                            Facility.......
ZU         Unspecified     General                              -150,000
            Locations....   Reduction......
------------------------------------------------------------------------

    (b) Outside the United States.--The Secretary of Defense may 
acquire real property and carry out military construction projects for 
the Defense Agencies at the installations or locations outside the 
United States, and subject to the purpose, total amount authorized, and 
authorization of appropriations specified for each project, set forth 
in the following table:

------------------------------------------------------------------------
    Defense Wide: Outside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
BE         Brussels......  NATO                   31,863          31,863
                            Headquarters
                            Facility.......
BE         Brussels......  Replace Shape          67,311          67,311
                            Middle School/
                            High School....
GU         Agana NAS.....  Hospital                    0          70,000
                            Replacement,
                            Incr 2.........
GY         Katterbach....  Health/Dental          37,100          37,100
                            Clinic
                            Replacement....
GY         Panzer Kaserne  Replace                48,968          48,968
                            Boeblingen High
                            School.........
GY         Vilseck.......  Health Clinic          34,800          34,800
                            Add/Alt........
JA         Kadena AB.....  Install Fuel            3,000           3,000
                            Filters-
                            Separators.....
JA         Misawa AB.....  Hydrant Fuel           31,000          31,000
                            System.........
KR         Camp Carroll..  Health/Dental          19,500          19,500
                            Clinic
                            Replacement....
PR         Fort Buchanan.  Antilles               58,708          58,708
                            Elementary
                            School/
                            Intermediate
                            School -
                            Replace School.
QA         Al Udeid......  Qatar Warehouse.        1,961           1,961
UK         Menwith Hill    Menwith Hill            2,000           2,000
            Station......   Station PSC
                            Construction -
                            Generators 10 &
                            11.............
UK         Royal Air       Alconbury              30,308          30,308
            Force           Elementary
            Alconbury....   School
                            Replacement....
UK         Royal Air       Replace Hydrant        15,900          15,900
            Force           Fuel
            Mildenhall...   Distribution
                            System.........
------------------------------------------------------------------------

    (c) Authorization of Appropriations.--
            (1) Inside the united states.--For military construction 
        projects inside the United States authorized by subsection (a), 
        funds are hereby authorized to be appropriated for fiscal years 
        beginning after September 30, 2010, in the total amount of 
        $1,930,120,000.
            (2) Outside the united states.--For military construction 
        projects outside the United States authorized by subsection 
        (b), funds are hereby authorized to be appropriated for fiscal 
        years beginning after September 30, 2010, in the total amount 
        of $452,419,000.
            (3) Unspecified minor military construction projects.--For 
        unspecified minor military construction projects authorized by 
        section 2805 of title 10, United States Code, funds are hereby 
        authorized to be appropriated for fiscal years beginning after 
        September 30, 2010, in the total amount of $42,856,000.
            (4) Contingency construction.--For contingency construction 
        projects of the Secretary of Defense under section 2804 of 
        title 10, United States Code, funds are hereby authorized to be 
        appropriated for fiscal years beginning after September 30, 
        2010, in the total amount of $10,000,000.
            (5) Architectural and engineering services and construction 
        design.--For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, funds are hereby authorized to be appropriated for 
        fiscal years beginning after September 30, 2010, in the total 
        amount of $434,185,000.

SEC. 2402. FAMILY HOUSING.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2010--
            (1) for support of military family housing (including the 
        functions described in section 2833 of title 10, United States 
        Code), in the total amount of $50,464,000; and
            (2) for credits to the Department of Defense Family Housing 
        Improvement Fund under section 2883 of title 10, United States 
        Code, and the Homeowners Assistance Fund established under 
        section 1013 of the Demonstration Cities and Metropolitan 
        Development Act of 1966 (42 U.S.C. 3374), in the total amount 
        of $17,611,000.

SEC. 2403. ENERGY CONSERVATION PROJECTS.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 2010, 
for energy conservation projects under chapter 173 of title 10, United 
States Code, $130,000,000.
    (b) Availability of Funds for Reserve Component Projects.--Of the 
amount authorized to be appropriated by subsection (a) for energy 
conservation projects, the Secretary of Defense shall reserve a portion 
of the amount for energy conservation projects for the reserve 
components in an amount that is not less than an amount that bears the 
same proportion to the total amount authorized to be appropriated as 
the total quantity of energy consumed by reserve facilities (as defined 
in section 18232(2) of title 10, United States Code) during fiscal year 
2010 bears to the total quantity of energy consumed by all military 
installations (as defined in section 2687(e)(1) of such title) during 
that fiscal year, as determined by the Secretary.

          Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION 
              CONSTRUCTION, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2010, for military construction and land 
acquisition for chemical demilitarization in the total amount of 
$124,971,000, as follows:
            (1) For the construction of phase 12 of a chemical 
        munitions demilitarization facility at Pueblo Chemical 
        Activity, Colorado, authorized by section 2401(a) of the 
        Military Construction Authorization Act for Fiscal Year 1997 
        (division B of Public Law 104-201; 110 Stat. 2775), as amended 
        by section 2406 of the Military Construction Authorization Act 
        for Fiscal Year 2000 (division B of Public Law 106-65; 113 
        Stat. 839), section 2407 of the Military Construction 
        Authorization Act for Fiscal Year 2003 (division B of Public 
        Law 107-314; 116 Stat. 2698), and section 2413 of the Military 
        Construction Authorization Act for Fiscal Year 2009 (division B 
        of Public Law 110-417; 122 Stat. 4697), $65,569,000.
            (2) For the construction of phase 11 of a munitions 
        demilitarization facility at Blue Grass Army Depot, Kentucky, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act for Fiscal Year 2000 (division B of Public 
        Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
        Military Construction Authorization Act for Fiscal Year 2002 
        (division B of Public Law 107-107; 115 Stat. 1298), section 
        2405 of the Military Construction Authorization Act for Fiscal 
        Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), 
        and section 2414 of the Military Construction Authorization Act 
        for Fiscal Year 2009 (division B of Public Law 110-417; 122 
        Stat. 4697), $59,402,000.

SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2000 PROJECT.

    (a) Modification.--The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B of 
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
Military Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military 
Construction Authorization Act for Fiscal Year 2003 (division B of 
Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B of 
Public Law 110-417; 122 Stat. 4697), is amended--
            (1) under the agency heading relating to Chemical 
        Demilitarization, in the item relating to Blue Grass Army 
        Depot, Kentucky, by striking ``$492,000,000'' in the amount 
        column and inserting ``$746,000,000''; and
            (2) by striking the amount identified as the total in the 
        amount column and inserting ``$1,203,920,000''.
    (b) Conforming Amendment.--Section 2405(b)(3) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B of 
Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the 
Military Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military 
Construction Authorization Act for Fiscal Year 2003 (division B of 
Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B of 
Public Law 110-417; 122 Stat. 4697), is amended by striking 
``$469,200,000'' and inserting ``$723,200,000''.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as provided in 
section 2806 of title 10, United States Code, in an amount not to 
exceed the sum of the amount authorized to be appropriated for this 
purpose in section 2502 and the amount collected from the North 
Atlantic Treaty Organization as a result of construction previously 
financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2010, for contributions by the Secretary 
of Defense under section 2806 of title 10, United States Code, for the 
share of the United States of the cost of projects for the North 
Atlantic Treaty Organization Security Investment Program authorized by 
section 2501, in the amount of $258,884,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Inside the United States.--The Secretary of the Army may 
acquire real property and carry out military construction projects for 
the Army National Guard locations inside the United States, and subject 
to the purpose, total amount authorized, and authorization of 
appropriations specified for each project, set forth in the following 
table:

------------------------------------------------------------------------
 Army National Guard: Inside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AR         Camp Robinson.  Combined Support       30,000          30,000
                            Maintenance
                            Shop...........
AR         Fort Chaffee..  Combined Arms          19,000          19,000
                            Collective
                            Training
                            Facility.......
AR         Fort Chaffee..  Live Fire Shoot         2,500           2,500
                            House..........
AZ         Florence......  Readiness Center       16,500          16,500
CA         Camp Roberts..  Combined Arms          19,000          19,000
                            Collective
                            Training
                            Facility.......
CO         Watkins.......  Parachute               3,569           3,569
                            Maintenance
                            Facility.......
CO         Colorado        Readiness Center       20,000          20,000
            Springs......
CO         Fort Carson...  Regional               40,000          40,000
                            Training
                            Institute......
CO         Gypsum........  High Altitude          39,000          39,000
                            Army Aviation
                            Training Site/
                            Army Aviation
                            Support
                            Facility.......
CO         Windsor.......  Readiness Center        7,500           7,500
CT         Windsor Locks.  Readiness Center       41,000          41,000
                            (Aviation).....
DE         New Castle....  Armed Forces           27,000          27,000
                            Reserve Center
                            (JFHQ).........
GA         Cumming.......  Readiness Center       17,000          17,000
GA         Dobbins ARB...  Readiness Center       10,400          10,400
                            Add/Alt........
HI         Kalaeloa......  Combined Support       38,000          38,000
                            Maintenance
                            Shop...........
ID         Gowen Field...  Barracks               17,500          17,500
                            (Operational
                            Readiness
                            Training
                            Complex) Ph1...
ID         Mountain Home.  Tactical                6,300           6,300
                            Unmanned
                            Aircraft System
                            Facility.......
IL         Marseilles TA.  Simulation              2,500           2,500
                            Center.........
IL         Springfield...  Combined Support       15,000          15,000
                            Maintenance
                            Shop Add/Alt...
KS         Wichita.......  Field                  24,000          24,000
                            Maintenance
                            Shop...........
KS         Wichita.......  Readiness Center       43,000          43,000
KY         Burlington....  Readiness Center       19,500          19,500
LA         Fort Polk.....  Tactical                5,500           5,500
                            Unmanned
                            Aircraft System
                            Facility.......
LA         Minden........  Readiness Center       28,000          28,000
MA         Hanscom AFB...  Armed Forces           23,000          23,000
                            Reserve Center
                            (JFHQ) Ph2.....
MD         St. Inigoes...  Tactical                5,500           5,500
                            Unmanned
                            Aircraft System
                            Facility.......
MI         Camp Grayling   Combined Arms          19,000          19,000
            Range........   Collective
                            Training
                            Facility.......
MN         Arden Hills...  Field                  29,000          29,000
                            Maintenance
                            Shop...........
MN         Camp Ripley...  Infantry Squad          4,300           4,300
                            Battle Course..
MN         Camp Ripley...  Tactical                4,450           4,450
                            Unmanned
                            Aircraft System
                            Facility.......
NC         Morrisville...  AASF 1 Fixed            8,815           8,815
                            Wing Aircraft
                            Hangar Annex...
NC         High Point....  Readiness Center        1,551           1,551
                            Add/Alt........
ND         Camp Grafton..  Readiness Center       11,200          11,200
                            Add/Alt........
NE         Lincoln.......  Readiness Center        3,300           3,300
                            Add/Alt........
NE         Mead..........  Readiness Center       11,400          11,400
NH         Pembroke......  Barracks               15,000          15,000
                            Facility
                            (Regional
                            Training
                            Institute).....
NH         Pembroke......  Classroom              21,000          21,000
                            Facility
                            (Regional
                            Training
                            Institute).....
NM         Farmington....  Readiness Center        8,500           8,500
                            Add/Alt........
NV         Las Vegas.....  CST Ready               8,771           8,771
                            Building.......
NY         Ronkonkoma....  Flightline              2,780           2,780
                            Rehabilitation.
OH         Camp Sherman..  Maintenance             3,100           3,100
                            Building Add/
                            Alt............
RI         Middletown....  Readiness Center        3,646           3,646
                            Add/Alt........
RI         East Greenwich  United States          27,000          27,000
                            Property &
                            Fiscal Office..
SD         Watertown.....  Readiness Center       25,000          25,000
TX         Camp Maxey....  Combat Pistol/          2,500           2,500
                            Military Pistol
                            Qualification
                            Course.........
TX         Camp Swift....  Urban Assault           2,600           2,600
                            Course.........
WA         Tacoma........  Combined Support       25,000          25,000
                            Maintenance
                            Shop...........
WI         Wausau........  Field                  12,008          12,008
                            Maintenance
                            Shop...........
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                  14,400          14,400
                            Maintenance
                            Shop...........
ZU         Various.......  Various.........       60,000          60,000
------------------------------------------------------------------------

    (b) Outside the United States.--The Secretary of the Army may 
acquire real property and carry out military construction projects for 
the Army National Guard locations outside the United States, and 
subject to the purpose, total amount authorized, and authorization of 
appropriations specified for each project, set forth in the following 
table:

----------------------------------------------------------------------------------------------------------------
         Army National Guard: Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
GU                       Barrigada..................  Combined Support Maint Shop        19,000           19,000
                                                       Ph1........................
PR                       Camp Santiago..............  Live Fire Shoot House.......        3,100            3,100
PR                       Camp Santiago..............  Multipurpose Machine Gun            9,200            9,200
                                                       Range......................
VI                       St. Croix..................  Readiness Center (JFHQ).....       25,000           25,000
----------------------------------------------------------------------------------------------------------------

    (c) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Secretary of the Army for fiscal years 
beginning after September 30, 2010, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Army National Guard of the United States, and for contributions 
therefor, under chapter 1803 of title 10, United States Code (including 
the cost of acquisition of land for those facilities), in the total 
amount of $1,019,902,000.

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Inside the United States.--The Secretary of the Army may 
acquire real property and carry out military construction projects for 
the Army Reserve locations inside the United States, and subject to the 
purpose, total amount authorized, and authorization of appropriations 
specified for each project, set forth in the following table:

------------------------------------------------------------------------
    Army Reserve: Inside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
CA         Fairfield.....  Army Reserve           26,000          26,000
                            Center.........
CA         Fort Hunter     Equipment              22,000          22,000
            Liggett......   Concentration
                            Site Tactical
                            Equipment Maint
                            Facility.......
CA         Fort Hunter     Equipment              15,000          15,000
            Liggett......   Concentration
                            Site Warehouse.
CA         Fort Hunter     Grenade Launcher        1,400           1,400
            Liggett......   Range..........
CA         Fort Hunter     Hand Grenade            1,400           1,400
            Liggett......   Familiarization
                            Range (Live)...
CA         Fort Hunter     Light Demolition        2,700           2,700
            Liggett......   Range..........
CA         Fort Hunter     Tactical Vehicle        9,500           9,500
            Liggett......   Wash Rack......
FL         North Fort      Army Reserve           13,800          13,800
            Myers........   Center/Land....
FL         Orlando.......  Army Reserve           10,200          10,200
                            Center/Land....
FL         Tallahassee...  Army Reserve           10,400          10,400
                            Center/Land....
GA         Macon.........  Army Reserve           11,400          11,400
                            Center/Land....
IA         Des Moines....  Army Reserve            8,175           8,175
                            Center.........
IL         Quincy........  Army Reserve           12,200          12,200
                            Center/Land....
IN         Michigan City.  Army Reserve           15,500          15,500
                            Center/Land....
MA         Devens Reserve  Automated Record        4,700           4,700
            Forces          Fire Range.....
            Training Area
MO         Belton........  Army Reserve           11,800          11,800
                            Center.........
NJ         Fort Dix......  Automated               9,800           9,800
                            Multipurpose
                            Machine Gun
                            Range..........
NM         Las Cruces....  Army Reserve           11,400          11,400
                            Center/Land....
NY         Binghamton....  Army Reserve           13,400          13,400
                            Center/Land....
TX         Denton........  Army Reserve           12,600          12,600
                            Center/Land....
TX         Rio Grande....  Army Reserve            6,100           6,100
                            Center/Land....
TX         San Marcos....  Army Reserve            8,500           8,500
                            Center/Land....
VA         Fort A.P. Hill  Army Reserve           15,500          15,500
                            Center.........
VA         Roanoke.......  Army Reserve           14,800          14,800
                            Center/Land....
VA         Fort Story....  Army Reserve           11,000          11,000
                            Center.........
WI         Fort McCoy....  AT/MOB Billeting        9,800           9,800
                            Complex, Ph 1..
WI         Fort McCoy....  NCO Academy, Ph        10,000          10,000
                            2..............
ZU         Various.......  Various.........       30,000          30,000
------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Secretary of the Army for fiscal years 
beginning after September 30, 2010, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Army Reserve, and for contributions therefor, under chapter 
1803 of title 10, United States Code (including the cost of acquisition 
of land for those facilities), in the total amount of $358,331,000.

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
              CONSTRUCTION AND LAND ACQUISITION PROJECTS AND 
              AUTHORIZATION OF APPROPRIATIONS.

    (a) Inside the United States.--The Secretary of the Navy may 
acquire real property and carry out military construction projects for 
the Navy Reserve and Marine Corps Reserve locations inside the United 
States, and subject to the purpose, total amount authorized, and 
authorization of appropriations specified for each project, set forth 
in the following table:

------------------------------------------------------------------------
Navy Reserve and Marine Corps Reserve: Inside the United States (Amounts
                 Are Specified In Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
CA         Twentynine      Tank Vehicle            5,991           5,991
            Palms........   Maintenance
                            Facility.......
LA         New Orleans...  Joint Air              16,281          16,281
                            Traffic Control
                            Facility.......
VA         Williamsburg..  Navy Ordnance          21,346          21,346
                            Cargo Logistics
                            Training Camp..
WA         Yakima........  Marine Corps           13,844          13,844
                            Reserve Center.
ZU         Various.......  Various.........       15,000          15,000
ZU         Various.......  Various.........       15,000          15,000
------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Secretary of the Navy for fiscal years 
beginning after September 30, 2010, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Navy Reserve and Marine Corps Reserve, and for contributions 
therefor, under chapter 1803 of title 10, United States Code (including 
the cost of acquisition of land for those facilities), in the total 
amount of $91,557,000.

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Inside the United States.--The Secretary of the Air Force may 
acquire real property and carry out military construction projects for 
the Air National Guard locations inside the United States, and subject 
to the purpose, total amount authorized, and authorization of 
appropriations specified for each project, set forth in the following 
table:

------------------------------------------------------------------------
 Air National Guard: Inside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
AL         Montgomery      Fuel Cell And           7,472           7,472
            Regional        Corrosion
            Airport (ANG)   Control Hangar.
            Base.........
AZ         Davis Monthan   Predator Foc-           4,650           4,650
            AFB..........   Active Duty
                            Associate......
CO         Buckely AFB...  Taxiway Juliet          4,000           4,000
                            and Lima.......
DE         New Castle      Joint Forces            1,500           1,500
            County          Operations
            Airport......   Center-Ang
                            Share..........
FL         Jacksonville    Security Forces         6,700           6,700
            IAP..........   Training
                            Facility.......
GA         Savannah/       Relocate Air            7,450           7,450
            Hilton Head     Supt Opers Sqdn
            IAP..........   (Asos) Fac.....
HI         Hickam AFB....  F-22 Beddown            5,950           5,950
                            Intrastructure
                            Support........
HI         Hickam AFB....  F-22 Hangar,           48,250          48,250
                            Squadron
                            Operations And
                            Amu............
HI         Hickam AFB....  F-22 Upgrade           17,250          17,250
                            Munitions
                            Complex........
IA         Des Moines IAP  Corrosion               4,750           4,750
                            Control Hangar.
IL         Capital Map...  CNAF Beddown -         16,700          16,700
                            Upgrade
                            Facilities.....
IN         Hulman          ASOS Beddown -          4,100           4,100
            Regional        Upgrade
            Airport......   Facilities.....
MA         Barnes ANGB...  Add to Aircraft         6,000           6,000
                            Maintenance
                            Hangar.........
MD         Martin State    Replace Ops and        11,400          11,400
            Airport......   Medical
                            Training
                            Facility.......
MN         Duluth........  Load Crew               8,000           8,000
                            Training and
                            Weapon Release
                            Shops..........
NC         Stanly County   Upgrade Asos            2,000           2,000
            Airport......   Facilities.....
NJ         Atlantic City   Fuel Cell and           8,500           8,500
            IAP..........   Corrosion
                            Control Hangar.
NY         Stewart ANGB..  Aircraft                3,750           3,750
                            Conversion
                            Facility.......
NY         Fort Drum.....  Reaper                  2,500           2,500
                            Infrastructure
                            Support........
NY         Stewart IAP...  Base Defense           14,250          14,250
                            Group Beddown..
OH         Toledo Express  Replace Security        7,300           7,300
            Airport......   Forces Complex.
PA         State College   Add to and Alter        4,100           4,100
            ANGS.........   AOS Facility...
SC         McEntire Joint  Replace                 9,100           9,100
            National        Operations and
            Guard Base...   Training.......
TN         Nashville IAP.  Renovate Intel          5,500           5,500
                            Squadron
                            Facilities.....
ZU         Various.......  Various.........       50,000          50,000
------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Secretary of the Air Force for fiscal years 
beginning after September 30, 2010, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Air National Guard of the United States, and for contributions 
therefor, under chapter 1803 of title 10, United States Code (including 
the cost of acquisition of land for those facilities), in the total 
amount of $292,371,000.

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Inside the United States.--The Secretary of the Air Force may 
acquire real property and carry out military construction projects for 
the Air Force Reserve locations inside the United States, and subject 
to the purpose, total amount authorized, and authorization of 
appropriations specified for each project, set forth in the following 
table:

------------------------------------------------------------------------
  Air Force Reserve: Inside the United States (Amounts Are Specified In
                          Thousands of Dollars)
-------------------------------------------------------------------------
                                                           Authorization
 State    Installation or     Purpose of       Project          of
             Location           Project         Amount    Appropriations
------------------------------------------------------------------------
FL         Patrick AFB...  Weapons                 3,420           3,420
                            Maintenance
                            Facility.......
NY         Niagara ARS...  C-130 Flightline        9,500           9,500
                            Operations
                            Facility, Ph 1.
ZU         Various.......  Various.........       30,000          30,000
------------------------------------------------------------------------

    (b) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Secretary of the Air Force for fiscal years 
beginning after September 30, 2010, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Air Force Reserve, and for contributions therefor, under 
chapter 1803 of title 10, United States Code (including the cost of 
acquisition of land for those facilities), in the total amount of 
$47,332,000.

SEC. 2606. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008 
              PROJECTS.

    (a) Extension.--Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 503), the authorizations set forth in the 
table in subsection (b), as provided in sections 2601 and 2604 of that 
Act (122 Stat. 527, 528), shall remain in effect until October 1, 2011, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2012, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                            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
----------------------------------------------------------------------------------------------------------------

          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.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2010, for base realignment and closure 
activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 1990 established by section 2906 of such Act, in the 
total amount of $360,474,000 as follows:
            (1) For the Department of the Army, $73,600,000.
            (2) For the Department of the Navy, $162,000,000.
            (3) For the Department of the Air Force, $124,874,000.

SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED 
              THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may carry out 
base realignment and closure activities, including real property 
acquisition and military construction projects, as authorized by the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the 
Department of Defense Base Closure Account 2005 established by section 
2906A of such Act, in the amount of $2,354,285,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND 
              CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE 
              BASE CLOSURE ACCOUNT 2005.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2010, for base realignment and closure 
activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) and funded through the Department of Defense Base 
Closure Account 2005 established by section 2906A of such Act, in the 
total amount of $2,354,285,000, as follows:
            (1) For the Department of the Army, $1,012,420,000.
            (2) For the Department of the Navy, $342,146,000.
            (3) For the Department of the Air Force, $127,255,000.
            (4) For the Defense Agencies, $872,464,000.

                       Subtitle B--Other Matters

SEC. 2711. TRANSPORTATION PLAN FOR BRAC 133 PROJECT UNDER FORT BELVOIR, 
              VIRGINIA, BRAC INITIATIVE.

    (a) Limitation on Project Implementation.--The Secretary of the 
Army may not take beneficial occupancy of more than 1,000 parking 
spaces provided by the combination spaces provided by the BRAC 133 
project and the lease of spaces in the immediate vicinity of the BRAC 
133 project until both of the following occur:
            (1) The Secretary submits to the congressional defense 
        committees a viable transportation plan for the BRAC 133 
        project.
            (2) The Secretary certifies to the congressional defense 
        committees that construction has been completed to provide 
        adequate ingress to and egress from the business park at which 
        the BRAC 133 project is located.
    (b) Viability of Transportation Plan.--To be considered a viable 
transportation plan under subsection (a)(1), the transportation plan 
must provide for the ingress and egress of all personnel to and from 
the BRAC 133 project site without further reducing the level of service 
at the following six intersections:
            (1) The intersection of Beauregard Street and Mark Center 
        Drive.
            (2) The intersection of Beauregard Street and Seminary 
        Road.
            (3) The intersection of Seminary Road and Mark Center 
        Drive.
            (4) The intersection of Seminary Road and the northbound 
        entrance-ramp to I-395.
            (5) The intersection of Seminary Road and the northbound 
        exit-ramp from I-395.
            (6) The intersection of Seminary Road and the southbound 
        exit-ramp from I-395.
    (c) Inspector General Report.--Not later than September 30, 2011, 
the Inspector General of the Department of Defense shall submit to the 
congressional defense committees a report evaluating the sufficiency 
and coordination conducted in completing the requisite environmental 
studies associated with the site selection of the BRAC 133 project 
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). The Inspector General shall give specific attention to 
the transportation determinations associated with the BRAC 133 project 
and review and provide comment on the Secretary of Army's 
transportation plan and adherence to the limitations imposed by 
subsection (a).
    (d) Definitions.--In this section:
            (1) BRAC 133 project.--The term ``BRAC 133 project'' refers 
        to the proposed office complex to be developed at an 
        established mixed-use business park in Alexandria, Virginia, to 
        implement recommendation 133 of the Defense Base Closure and 
        Realignment Commission contained in the report of the 
        Commission transmitted to Congress on September 15, 2005, under 
        section 2903(e) of the Defense Base Closure and Realignment Act 
        of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
        2687 note).
            (2) Level of service.--The term ``level of service'' has 
        the meaning given that term in the most-recent Highway Capacity 
        Manual of the Transportation Research Board.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

SEC. 2801. AVAILABILITY OF MILITARY CONSTRUCTION INFORMATION ON 
              INTERNET.

    (a) Modification of Information Required to Be Provided.--Paragraph 
(2) of subsection (c) of section 2851 of title 10, United States Code, 
is amended--
            (1) by striking subparagraph (F); and
            (2) by redesignating subparagraphs (G) and (H) as 
        subparagraphs (F) and (G), respectively.
    (b) Expanded Availability of Information.--Such subsection is 
further amended--
            (1) by striking paragraph (3); and
            (2) by redesignating paragraph (4) as paragraph (3).
    (c) Conforming Amendments.--Such subsection is further amended--
            (1) in paragraph (1), by striking ``that, when activated by 
        a person authorized under paragraph (3), will permit the 
        person'' and inserting ``that will permit a person''; and
            (2) in paragraph (3), as redesignated by subsection 
        (b)(2)--
                    (A) by striking ``to the persons referred to in 
                paragraph (3)'' and inserting ``on the Internet site 
                required by such paragraph''; and
                    (B) by striking ``to such persons''.

SEC. 2802. AUTHORITY TO TRANSFER PROCEEDS FROM SALE OF MILITARY FAMILY 
              HOUSING TO DEPARTMENT OF DEFENSE FAMILY HOUSING 
              IMPROVEMENT FUND.

    (a) Authority to Transfer Proceeds.--Section 2831 of title 10, 
United States Code, is amended--
            (1) in subsection (b), by striking ``There'' in the matter 
        preceding paragraph (1) and inserting ``Except as authorized by 
        subsection (e), there'';
            (2) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively;
            (3) in subsection (g) (as so redesignated), by striking 
        ``subsection (e)'' both places it appears and inserting 
        ``subsection (f)''; and
            (4) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Authority to Transfer Family Housing Proceeds.--(1) The 
Secretary concerned may transfer proceeds of the handling and the 
disposal of family housing received under subsection (b)(3), less those 
expenses payable pursuant to section 572(a) of title 40, to the 
Department of Defense Family Housing Improvement Fund established under 
section 2883(a) of this title.
    ``(2) A transfer under paragraph (1) may be made only after the end 
of the 30-day period beginning on the date the Secretary concerned 
submits written notice of, and justification for, the transfer to the 
appropriate committees of Congress or, if earlier, the end of the 14-
day period beginning on the date on which a copy of the notice and 
justification is provided in an electronic medium pursuant to section 
480 of this title.''.
    (b) Conforming Amendment to Department of Defense Family Housing 
Improvement Fund.--Section 2883(c)(1) of such title is amended by 
adding at the end the following new subparagraph:
            ``(H) Any amounts from the proceeds of the handling and 
        disposal of family housing of a military department transferred 
        to that Fund pursuant to section 2831(e) of this title.''.

SEC. 2803. ENHANCED AUTHORITY FOR PROVISION OF EXCESS CONTRIBUTIONS FOR 
              NATO SECURITY INVESTMENT PROGRAM.

    Section 2806 of title 10, United States Code, is amended--
            (1) in subsection (c), by striking ``Secretary'' the first 
        two places it appears and inserting ``Secretary of Defense''; 
        and
            (2) by adding at the end the following new subsection:
    ``(d) If the Secretary of Defense determines that construction of 
facilities described in subsection (a) is necessary to advance United 
States national security or national interest, the Secretary may 
include the pre-financing and initiation of construction services, 
which will be provided by the Department of Defense and are not 
otherwise authorized by law, as an element of the excess North Atlantic 
Treaty Organization Security Investment program contributions made 
under subsection (c).''.

SEC. 2804. DURATION OF AUTHORITY TO USE PENTAGON RESERVATION 
              MAINTENANCE REVOLVING FUND FOR CONSTRUCTION AND REPAIRS 
              AT PENTAGON RESERVATION.

    Section 2674(e) of title 10, United States Code, is amended--
            (1) in paragraph (2), by striking ``Monies'' and inserting 
        ``Subject to paragraph (3), monies''; and
            (2) by adding at the end the following new paragraph:
    ``(3) The authority of the Secretary to use monies from the Fund to 
support construction, repair, alteration, or related activities for the 
Pentagon Reservation expires on September 30, 2012.''.

SEC. 2805. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR 
              CONSTRUCTION PROJECTS INSIDE THE UNITED STATES CENTRAL 
              COMMAND AREA OF RESPONSIBILITY.

    (a) One-year Extension of Authority.--Subsection (h) of section 
2808 of the Military Construction Authorization Act for Fiscal Year 
2004 (division B of Public Law 108-136; 117 Stat. 1723), as added by 
section 2806 of the Military Construction Authorization Act for Fiscal 
Year 2010 (division B of Public Law 111-84; 123 Stat. 2662), is 
amended--
            (1) in paragraph (1), by striking ``September 30, 2010'' 
        and inserting ``September 30, 2011''; and
            (2) in paragraph (2), by striking ``fiscal year 2011'' and 
        inserting ``fiscal year 2012''.
    (b) Availability of Authority.--Subsection (a)(1) of such section 
is amended--
            (1) by striking ``war,'' and inserting ``war or''; and
            (2) by striking ``, or a contingency operation''.
    (c) Waiver of Advance Notification Requirement.--Subsection (b) of 
such section is amended--
            (1) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D); respectively;
            (2) by striking ``Before using'' and inserting ``(1) Before 
        using''; and
            (3) by adding at the end the following new paragraph:
    ``(2) During fiscal year 2011, the Secretary of Defense may waive 
the prenotification requirements under paragraph (1) and section 
2805(b) of title 10, United States Code, with regard to a construction 
project carried out under the authority of this section. In the case of 
any such waiver, the Secretary of Defense shall include in the next 
quarterly report submitted under subsection (d) the information 
otherwise required in advance by subparagraphs (A) through (D) of 
paragraph (1) with regard to the construction project.''.
    (d) Annual Limitation on Use of Authority in Afghanistan.--
Subsection (c)(2) of such section is amended--
            (1) by striking ``$300,000,000 in funds available for 
        operation and maintenance for fiscal year 2010 may be used in 
        Afghanistan upon completing the prenotification requirements 
        under subsection (b)'' and inserting ``$100,000,000 in funds 
        available for operation and maintenance for fiscal year 2011 
        may be used in Afghanistan subject to the notification 
        requirements under subsection (b)''; and
            (2) by striking ``$500,000,000'' and inserting 
        ``$300,000,000''.

SEC. 2806. VETERANS TO WORK PILOT PROGRAM FOR MILITARY CONSTRUCTION 
              PROJECTS.

    (a) Veterans to Work Program.--Subchapter III of chapter 169 of 
title 10, United States Code, is amended by inserting after section 
2856 the following new section:
``Sec. 2857. Veterans to Work Pilot Program
    ``(a) Pilot Program; Purposes.--(1) The Secretary of Defense shall 
establish the Veterans to Work pilot program to determine--
            ``(A) the maximum feasible extent to which apprentices who 
        are also veterans may be employed to work on military 
        construction projects designated under subsection (b); and
            ``(B) the feasibility of expanding the employment of 
        apprentices who are also veterans to include military 
        construction projects in addition to those projects designated 
        under subsection (b).
    ``(2) The Secretary of Defense shall establish and conduct the 
pilot program in consultation with the Secretary of Labor and the 
Secretary of Veterans Affairs.
    ``(b) Designation of Military Construction Projects for Pilot 
Program.--(1) For each of fiscal years 2011 through 2015, the Secretary 
of Defense shall designate for inclusion in the pilot program not less 
than 20 military construction projects (including unspecified minor 
military construction projects under section 2805(a) of this title) 
that will be conducted in that fiscal year.
    ``(2) In designating military construction projects under this 
subsection, the Secretary of Defense shall--
            ``(A) designate military construction projects that are 
        located where there are veterans enrolled in qualified 
        apprenticeship programs or veterans who could be enrolled in 
        qualified apprenticeship programs in a cost-effective, timely, 
        and feasible manner; and
            ``(B) ensure geographic diversity among the States in the 
        military construction projects designated.
    ``(3) Unspecified minor military construction projects may not 
exceed 40 percent of the military construction projects designated 
under this subsection for a fiscal year.
    ``(c) Contract Provisions.--Any agreement that the Secretary of 
Defense enters into for a military construction project that is 
designated for inclusion in the pilot program shall ensure that--
            ``(1) to the maximum extent feasible, apprentices who are 
        also veterans are employed on that military construction 
        project; and
            ``(2) contractors participate in a qualified apprenticeship 
        program.
    ``(d) Report.--(1) Not later than 150 days after the end of each 
fiscal year during which the pilot program is active, the Secretary of 
Defense shall submit to Congress a report that includes the following:
            ``(A) The progress of designated military construction 
        projects and the role of apprentices who are also veterans in 
        achieving that progress.
            ``(B) Any challenges, difficulties, or problems encountered 
        in recruiting veterans to become apprentices.
            ``(C) Cost differentials in the designated military 
        construction projects compared to similar projects completed 
        contemporaneously, but not designated for the pilot program.
            ``(D) Evaluation of benefits derived from employing 
        apprentices, including the following:
                    ``(i) Workforce sustainability.
                    ``(ii) Workforce skills enhancement.
                    ``(iii) Increased short- and long-term cost-
                effectiveness.
                    ``(iv) Improved veteran employment in sustainable 
                wage fields.
            ``(E) Any other information the Secretary of Defense 
        determines appropriate.
    ``(2) Not later than March 1, 2016, the Secretary of Defense shall 
submit to Congress a report that--
            ``(A) analyzes the pilot program in terms of its effect on 
        the sustainability of a workforce to meet the military 
        construction needs of the Armed Forces;
            ``(B) analyzes the effects of the pilot program on veteran 
        employment in sustainable wage fields or professions; and
            ``(C) makes recommendations on the continuation, 
        modification, or expansion of the pilot program on the basis of 
        such factors as the Secretary of Defense determines 
        appropriate, including the following:
                    ``(i) Workforce sustainability.
                    ``(ii) Cost-effectiveness.
                    ``(iii) Community development.
    ``(3) The Secretary of Defense shall prepare the report required by 
paragraph (2) in consultation with the Secretary of Labor and the 
Secretary of Veterans Affairs.
    ``(e) Definitions.--In this section:
            ``(1) The term `apprentice' means an individual who is 
        employed pursuant to, and individually registered in, a 
        qualified apprenticeship program.
            ``(2) The term `pilot program' means the Veterans to Work 
        pilot program established under subsection (a).
            ``(3)(A) Except as provided in subparagraph (B), the term 
        `qualified apprenticeship program' means an apprenticeship or 
        other training program that qualifies as an employee welfare 
        benefit plan, as defined in section 3(1) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)).
            ``(B) If the Secretary of Labor determines that a qualified 
        apprenticeship program (as defined in subparagraph (A)) for a 
        craft or trade classification of workers that a prospective 
        contractor or subcontractor intends to employ for a military 
        construction project included in the pilot program is not 
        operated in the locality of the project, the Secretary of Labor 
        may expand the definition of qualified apprenticeship program 
        to include another apprenticeship or training program, so long 
        as the apprenticeship or training program is registered for 
        Federal purposes with the Office of Apprenticeship of the 
        Department of Labor or a State apprenticeship agency recognized 
        by such Office.
            ``(4) The term `State' means any of the States, the 
        District of Columbia, or territories of Guam, Puerto Rico, the 
        Northern Mariana Islands, and the United States Virgin Islands.
            ``(5) The term `veteran' has the meaning given such term 
        under section 101(2) of title 38.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 2856 the following new item:

``2857. Veterans to Work Pilot Program.''.

        Subtitle B--Real Property and Facilities Administration

SEC. 2811. NOTICE-AND-WAIT REQUIREMENTS APPLICABLE TO REAL PROPERTY 
              TRANSACTIONS.

    (a) Exception for Leases Under Base Closure Process.--Subsection 
(a)(1)(C) of section 2662 of title 10, United States Code, is amended 
by inserting after ``United States'' the following: ``(other than a 
lease or license entered into under section 2667(g) of this title)''.
    (b) Repeal of Annual Report on Minor Real Estate Transactions.--
Subsection (b) of such section is repealed.
    (c) Geographic Scope of Requirements.--Subsection (c) of such 
section is amended--
            (1) by striking ``Geographic Scope; Excepted'' and 
        inserting ``Excepted'';
            (2) by striking the first sentence; and
            (3) by striking ``It does not'' and inserting ``This 
        section does not''.
    (d) Repeal of Notice and Wait Requirement Regarding GSA Leases of 
Space for DOD.--Subsection (e) of such section is repealed.
    (e) Additional Reporting Requirements Regarding Leases of Real 
Property Owned by the United States.--Such section is further amended 
by inserting after subsection (a) the following new subsection:
    ``(b) Additional Reporting Requirements Regarding Leases of Real 
Property Owned by the United States.--(1) In the case of a proposed 
lease or license of real property owned by the United States covered by 
paragraph (1)(C) of subsection (a), the Secretary concerned shall 
comply with the notice-and-wait requirements of paragraph (3) of such 
subsection before--
            ``(A) issuing a contract solicitation or other lease 
        offering with regard to the transaction; and
            ``(B) providing public notice regarding any meeting to 
        discuss a proposed contract solicitation with regard to the 
        transaction.
    ``(2) The report under paragraph (3) of subsection (a) shall 
include the following with regard to a proposed transaction covered by 
paragraph (1)(C) of such subsection:
            ``(A) A description of the proposed transaction, including 
        the proposed duration of the lease or license.
            ``(B) A description of the authorities to be used in 
        entering into the transaction.
            ``(C) A statement of the scored cost of the entire 
        transaction, determined using the scoring criteria of the 
        Office of Management and Budget.
            ``(D) A determination that the property involved in the 
        transaction is not excess property, as required by section 
        2667(a)(3) of this title, including the basis for the 
        determination.
            ``(E) A determination that the proposed transaction is 
        directly compatible with the mission of the military 
        installation or Defense Agency at which the property is located 
        and a description of the anticipated long-term use of the 
        property at the conclusion of the lease or license.
            ``(F) A description of the requirements or conditions 
        within the contract solicitation or other lease offering for 
        the person making the offer to address taxation issues, 
        including payments-in-lieu-of taxes, and other development 
        issues related to local municipalities.
            ``(G) If the proposed lease involves a project related to 
        energy production, a certification by the Secretary of Defense 
        that the project, as it will be specified in the contract 
        solicitation or other lease offering, is consistent with the 
        Department of Defense performance goals and plan required by 
        section 2911 of this title.
    ``(3) The Secretary concerned may not enter into the actual lease 
or license with respect to property for which the information required 
by paragraph (2) was submitted in a report under subsection (a)(3) 
unless the Secretary again complies with the notice-and-wait 
requirements of such subsection. The subsequent report shall include 
the following with regard to the proposed transaction:
            ``(A) A cross reference to the prior report that contained 
        the information submitted under paragraph (2) with respect to 
        the transaction.
            ``(B) A description of the differences between the 
        information submitted under paragraph (2) and the information 
        regarding the transaction being submitted in the subsequent 
        report.
            ``(C) A description of the payment to be required in 
        connection with the lease or license, including a description 
        of any in-kind consideration that will be accepted.
            ``(D) A description of any community support facility or 
        provision of community support services under the lease or 
        license, regardless of whether the facility will be operated by 
        a covered entity (as defined in section 2667(d) of this title) 
        or the lessee or the services will be provided by a covered 
        entity or the lessee.
            ``(E) A description of the competitive procedures used to 
        select the lessee or, in the case of a lease involving the 
        public benefit exception authorized by section 2667(h)(2) of 
        this title, a description of the public benefit to be served by 
        the lease.''.
    (f) Conforming Amendments.--Such section is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``the Secretary 
                submits'' in the matter preceding subparagraph (A) and 
                inserting ``the Secretary concerned submits''; and
                    (B) in paragraph (3), by striking ``the Secretary 
                of a military department or the Secretary of Defense'' 
                and inserting ``the Secretary concerned'';
            (2) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively;
            (3) in subsection (f), as so redesignated--
                    (A) in paragraph (1), by striking ``, and the 
                reporting requirement set forth in subsection (e) shall 
                not apply with respect to a real property transaction 
                otherwise covered by that subsection,'';
                    (B) in paragraph (3), by striking ``or (e), as the 
                case may be''; and
                    (C) by striking paragraph (4); and
            (4) by adding at the end the following new subsection:
    ``(g) Secretary Concerned Defined.--In this section, the term 
`Secretary concerned' includes, with respect to Defense Agencies, the 
Secretary of Defense.''.
    (g) Conforming Amendments to Lease of Non-excess Property 
Authority.--Section 2667 of such title is amended--
            (1) in subsection (c), by striking paragraph (4);
            (2) in subsection (d), by striking paragraph (6);
            (3) in subsection (e)(1), by striking subparagraph (E); and
            (4) in subsection (h)--
                    (A) by striking paragraphs (3) and (5); and
                    (B) by redesignating paragraph (4) as paragraph 
                (3).

SEC. 2812. TREATMENT OF PROCEEDS GENERATED FROM LEASES OF NON-EXCESS 
              PROPERTY INVOLVING MILITARY MUSEUMS.

    Section 2667(e)(1) of title 10, United States Code, as amended by 
section 2811(g), is amended by inserting after subparagraph (D) the 
following new subparagraph (E):
    ``(E) If the proceeds deposited in the special account established 
for the Secretary concerned are derived from activities associated with 
a military museum described in section 489(a) of this title, the 
proceeds shall be available for activities described in subparagraph 
(C) only at that museum.''.

SEC. 2813. REPEAL OF EXPIRED AUTHORITY TO LEASE LAND FOR SPECIAL 
              OPERATIONS ACTIVITIES.

    (a) Repeal.--Section 2680 of title 10, United States Code, is 
repealed.
    (b) Effect of Repeal.--The amendment made by subsection (a) shall 
not affect the validity of any contract entered into under section 2680 
of title 10, United States Code, on or before September 30, 2005.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 159 of such title is amended by striking the item relating to 
section 2680.

SEC. 2814. FORMER NAVAL BOMBARDMENT AREA, CULEBRA ISLAND, PUERTO RICO.

    (a) In General.--Notwithstanding section 204(c) of the Military 
Construction Authorization Act, 1974 (Public Law 93-166; 87 Stat. 668), 
and paragraph 9 of the quitclaim deed relating to the island of Culebra 
in the Commonwealth of Puerto Rico, the Secretary of Defense--
            (1) may provide for the removal of any unexploded ordnance 
        and munitions scrap on that portion of Flamenco Beach located 
        within the former bombardment area of the island; and
            (2) shall conduct a study relating to the presence of 
        unexploded ordnance in the former bombardment area transferred 
        to the Commonwealth, with the exception of the area referred to 
        in paragraph (1).
    (b) Contents of Study.--The study required by subsection (a)(2) 
shall include the following:
            (1) An estimate of the type and amount of unexploded 
        ordnance.
            (2) An estimate of the cost of removing unexploded 
        ordnance.
            (3) An examination of the impact of such removal on any 
        endangered or threatened species and their habitat.
            (4) An examination of current public access to the former 
        bombardment area.
            (5) An examination of any threats to public health or 
        safety and the environment from unexploded ordnance.
    (c) Consultation With Commonwealth.--In conducting the study under 
subsection (a)(2), the Secretary of Defense shall consult with the 
Commonwealth regarding the Commonwealth's planned future uses of the 
former bombardment area. The Secretary shall consider the 
Commonwealth's planned future uses in developing any conclusions or 
recommendations the Secretary may include in the study.
    (d) Submission of Report.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report containing the results of the 
study conducted under subsection (a)(2).
    (e) Definitions.--In this section:
            (1) The term ``quitclaim deed'' refers to the quitclaim 
        deed from the United States to the Commonwealth of Puerto Rico, 
        signed by the Secretary of the Interior on August 11, 1982, for 
        that portion of Tract (1b) consisting of the former bombardment 
        area on the island of Culebra, Puerto Rico.
            (2) The term ``unexploded ordnance'' has the meaning given 
        that term by section 101(e)(5) of title 10, United States Code.

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.

    Section 2391(b) of title 10, United States Code, is amended--
            (1) in paragraph (1), by adding at the end the following:
        ``If the proposed or actual establishment or expansion of a 
        military installation would otherwise qualify a State or local 
        government for assistance under this paragraph and is the 
        result of base realignment and closure activities authorized by 
        the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
        2687 note), the Secretary may make grants, conclude cooperative 
        agreements, and supplement funds available under Federal 
        programs administered by agencies other than the Department of 
        Defense in order to assist the State or local government with 
        development of the public infrastructure (including 
        construction) required by the proposed or actual establishment 
        or expansion.''; and
            (2) in paragraph (5)(A), by striking ``in planning 
        community adjustments and economic diversification'' and 
        inserting ``as provided in paragraph (1)''.

           Subtitle C--Provisions Related to Guam Realignment

SEC. 2821. SENSE OF CONGRESS REGARDING IMPORTANCE OF PROVIDING 
              COMMUNITY ADJUSTMENT ASSISTANCE TO GOVERNMENT OF GUAM.

    It is the Sense of Congress that--
            (1) for national security reasons, the United States is 
        required from time to time to construct major, new military 
        installations despite the serious adverse impacts that the 
        installations will have on the communities and the areas in 
        which the installations are constructed; and
            (2) neither the impacted local governments nor the 
        communities in which the installations are constructed should 
        be expected to bear the full cost of mitigating such adverse 
        impacts.

SEC. 2822. DEPARTMENT OF DEFENSE ASSISTANCE FOR COMMUNITY ADJUSTMENTS 
              RELATED TO REALIGNMENT OF MILITARY INSTALLATIONS AND 
              RELOCATION OF MILITARY PERSONNEL ON GUAM.

    (a) Temporary Assistance Authorized.--
            (1) Assistance to government of guam.--The Secretary of 
        Defense may assist the Government of Guam in meeting the costs 
        of providing increased municipal services and facilities 
        required as a result of the realignment of military 
        installations and the relocation of military personnel on Guam 
        (in this section referred to as the ``Guam realignment'') if 
        the Secretary determines that an unfair and excessive financial 
        burden will be incurred by the Government of Guam to provide 
        the services and facilities in the absence of the Department of 
        Defense assistance.
            (2) Mitigation of identified impacts.--The Secretary of 
        Defense may take such actions as the Secretary considers to be 
        appropriate to mitigate the significant impacts identified in 
        the Record of Decision of the ``Guam and CNMI Military 
        Relocation Environmental Impact Statement'' by providing 
        increased municipal services and facilities to activities that 
        directly support the Guam realignment.
    (b) Methods to Provide Assistance.--
            (1) Use of existing programs.--The Secretary of Defense 
        shall carry out subsection (a) through existing Federal 
        programs.
            (2) Transfer authority.--To the extent necessary to carry 
        out subsection (a), the Secretary may transfer appropriated 
        funds available to the Department of Defense or a military 
        department for operation and maintenance to supplement funds 
        made available to Guam under a Federal program. The transfer 
        authority provided by this paragraph is in addition to the 
        transfer authority provided by section 1001. Amounts so 
        transferred shall be merged with and be available for the same 
        purposes as the appropriation to which transferred.
            (3) Cost share assistance.--The Secretary may use 
        appropriated amounts referred to in paragraph (2) to provide 
        financial assistance to the Government of Guam to assist the 
        Government of Guam to pay its share of the costs under Federal 
        programs utilized by the Secretary under paragraph (1).
    (c) Limitation on Provision of Assistance.--The total cost of the 
construction of facilities carried out utilizing the authority provided 
by subsection (a) may not exceed $500,000,000.
    (d) Special Considerations.--In determining the amount of financial 
assistance to be made available under this section to the Government of 
Guam for any community service or facility, the Secretary of Defense 
shall consult with the head of the department or agency of the Federal 
Government concerned with the type of service or facility for which 
financial assistance is being made available and shall take into 
consideration--
            (1) the time lag between the initial impact of increased 
        population on Guam and any increase in the local tax base that 
        will result from such increased population;
            (2) the possible temporary nature of the increased 
        population and the long-range cost impact on the permanent 
        residents of Guam; and
            (3) such other pertinent factors as the Secretary of 
        Defense considers appropriate.
    (e) Progress Reports Required.--The Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives semiannual reports indicating the total amount 
expended under the authority of this section during the preceding 6-
month period, the specific projects for which assistance was provided 
during such period, and the total amount provided for each project 
during such period.
    (f) Termination.--The authority to provide assistance under 
subsection (a) expires September 30, 2017. Amounts obligated before 
that date may be expended after that date.

SEC. 2823. EXTENSION OF TERM OF DEPUTY SECRETARY OF DEFENSE'S 
              LEADERSHIP OF GUAM OVERSIGHT COUNCIL.

    Subsection (d) of section 132 of title 10, United States Code, as 
added by section 2831(a) of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2669), is amended by 
striking ``September 30, 2015'' and inserting ``September 30, 2020''.

SEC. 2824. UTILITY CONVEYANCES TO SUPPORT INTEGRATED WATER AND 
              WASTEWATER TREATMENT SYSTEM ON GUAM.

    (a) Conveyance of Utilities.--The Secretary of Defense may convey 
to the Guam Waterworks Authority (in this section referred to as the 
``Authority'') all right, title, and interest of the United States in 
and to the water and wastewater treatment utility systems on Guam, 
including the Fena Reservoir, for the purpose of establishing an 
integrated water and wastewater treatment system on Guam.
    (b) Consideration.--
            (1) Consideration required.--As consideration for the 
        conveyance of the water and wastewater treatment utility 
        systems on Guam, the Authority shall pay to the Secretary of 
        Defense an amount equal to the fair market value of the utility 
        infrastructure to be conveyed, as determined pursuant to an 
        agreement between the Secretary and the Authority.
            (2) Deferred payments.--At the discretion of the Authority, 
        the Authority may elect to pay the consideration determined 
        under paragraph (1) in equal annual payments over a period of 
        not more than 25 years, starting with the first year beginning 
        after the date of the conveyance of the water and wastewater 
        treatment utility systems to the Authority.
            (3) Acceptance of in-kind services.--The consideration 
        required by paragraph (1) may be paid in cash or in-kind, as 
        acceptable to the Secretary of Defense. The Secretary of 
        Defense, in consultation with the Secretary of the Interior, 
        shall consider the value of in-kind services provided by the 
        Government of Guam pursuant to section 311 of the Compact of 
        Free Association between the Government of the United States 
        and the Government of the Federated States of Micronesia, 
        approved by Congress in the Compact of Free Association 
        Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2781), 
        section 311 of the Compact of Free Association between the 
        Government of the United States and the Government of the 
        Republic of the Marshall Islands, approved by Congress in such 
        Act, and the Compact of Free Association between the Government 
        of the United States and the Government of the Republic of 
        Palau, approved by Congress in the Palau Compact of Free 
        Association Act (Public Law 99-658; 100 Stat. 3672).
    (c) Condition of Conveyance.--As a condition of the conveyance 
under subsection (a), the Secretary of Defense must obtain at least a 
33 percent voting representation on the Guam Consolidated Commission on 
Utilities, including a proportional representation as chairperson of 
the Commission.
    (d) Implementation Report.--
            (1) Report required.--If the Secretary of Defense 
        determines to use the authority provided by subsection (a) to 
        convey the water and wastewater treatment utility systems to 
        the Authority, the Secretary shall submit to the congressional 
        defense committees a report containing--
                    (A) a description of the actions needed to 
                efficiently convey the water and wastewater treatment 
                utility systems to the Authority; and
                    (B) an estimate of the cost of the conveyance.
            (2) Submission.--The Secretary shall submit the report not 
        later than 30 days after the date on which the Secretary makes 
        the determination triggering the report requirement.
    (e) New Water Systems.--If the Secretary of Defense determines to 
use the authority provided by subsection (a) to convey the water and 
wastewater treatment utility systems to the Authority, the Secretary 
shall also enter into an agreement with the Authority, under which the 
Authority will manage and operate any water well or wastewater 
treatment plant that is constructed by the Secretary of a military 
department on Guam on or after the date of the enactment of this Act.
    (f) Additional Term and Conditions.--The Secretary of Defense may 
require such additional terms and conditions in connection with the 
conveyance under this section as the Secretary considers appropriate to 
protect the interests of the United States.
    (g) Technical Assistance.--
            (1) Assistance authorized; reimbursement.--The Secretary of 
        the Interior, acting through the Commissioner of the Bureau of 
        Reclamation, may provide technical assistance to the Secretary 
        of Defense and the Authority regarding the development of plans 
        for the design, construction, operation, and maintenance of 
        integrated water and wastewater treatment utility systems on 
        Guam.
            (2) Contracting authority; condition.--The Secretary of the 
        Interior, acting through the Commissioner of the Bureau of 
        Reclamation, may enter into memoranda of understanding, 
        cooperative agreements, and other agreements with the Secretary 
        of Defense to provide technical assistance as described in 
        paragraph (1) under such terms and conditions as the Secretary 
        of the Interior and the Secretary of Defense consider 
        appropriate, except that costs incurred by the Secretary of the 
        Interior to provide technical assistance under paragraph (1) 
        shall be covered by the Secretary of Defense.
            (3) Report and other assistance.--Not later than 1 year 
        after date of the enactment of this Act, the Secretary of the 
        Interior and the Secretary of Defense shall submit to the 
        congressional defense committees, the Committee on Natural 
        Resources of the House of Representatives, and the Committee on 
        Energy and Natural Resources of the Senate a report detailing 
        the following:
                    (A) Any technical assistance provided under 
                paragraph (1) and information pertaining to any 
                memoranda of understanding, cooperative agreements, and 
                other agreements entered into pursuant to paragraph 
                (2).
                    (B) An assessment of water and wastewater systems 
                on Guam, including cost estimates and budget authority, 
                including authorities available under the Acts of June 
                17, 1902, and June 12, 1906 (popularly known as the 
                Reclamation Act; 43 U.S.C. 391) and other authority 
                available to the Secretary of the Interior, for 
                financing the design, construction, operation, and 
                maintenance of such systems.
                    (C) The needs related to water and wastewater 
                infrastructure on Guam and the protection of water 
                resources on Guam identified by the Authority.

SEC. 2825. REPORT ON TYPES OF FACILITIES REQUIRED TO SUPPORT GUAM 
              REALIGNMENT.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of the Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the structural integrity 
of facilities required to support the realignment of military 
installations and the relocation of military personnel on Guam.
    (b) Contents of Report.--The report required by subsection (a) 
shall contain the following elements:
            (1) A threat assessment to the realigned forces, including 
        natural and manmade threats.
            (2) An evaluation of the types of facilities and the 
        enhanced structural requirements required to deter the threat 
        assessment specified in paragraph (1).
            (3) An assessment of the costs associated with the enhanced 
        structural requirements specified in paragraph (2).

SEC. 2826. REPORT ON CIVILIAN INFRASTRUCTURE NEEDS FOR GUAM.

    (a) Report Required.--The Secretary of the Interior shall prepare a 
report--
            (1) detailing the civilian infrastructure improvements 
        needed on Guam to directly and indirectly support and sustain 
        the realignment of military installations and the relocation of 
        military personnel on Guam; and
            (2) identifying, to the maximum extent practical, the 
        potential funding sources for such improvements from other 
        Federal departments and agencies and from existing authorities 
        and funds within the Department of Defense.
    (b) Consultation.--The Secretary of the Interior shall prepare the 
report required by subsection (a) in consultation with the Secretary of 
Defense, the Government of Guam, and the Interagency Group on the 
Insular Areas established by Executive Order No. 13537.
    (c) Submission.--The Secretary of the Interior shall submit the 
report required by subsection (a) to the congressional defense 
committees and the Committee on Natural Resources of the House of 
Representatives, and the Committee on Energy and Natural Resources of 
the Senate not later than 180 days after the date of the enactment of 
this Act.

SEC. 2827. COMPTROLLER GENERAL REPORT ON PLANNED REPLACEMENT NAVAL 
              HOSPITAL ON GUAM.

    (a) Assessment Required.--The Comptroller General of the United 
States shall review and assess the proposed replacement Naval Hospital 
on Guam to determine whether the size and scope of the hospital will be 
sufficient to support the current and projected military mission 
requirements and Department of Defense beneficiary population on Guam.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional defense committees a report containing the results of the 
review and assessment under subsection (a).

                      Subtitle D--Energy Security

SEC. 2831. CONSIDERATION OF ENVIRONMENTALLY SUSTAINABLE PRACTICES IN 
              DEPARTMENT ENERGY PERFORMANCE PLAN.

    Section 2911(c) of title 10, United States Code, is amended--
            (1) in paragraph (4), by inserting ``and hybrid-electric 
        drive'' after ``alternative fuels'';
            (2) by redesignating paragraph (9) as paragraph (11) and 
        paragraphs (5) through (8) as paragraphs (6) through (9), 
        respectively;
            (3) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Opportunities for the high-performance construction, 
        lease, operation, and maintenance of buildings.''; and
            (4) by inserting after paragraph (9) (as redesignated by 
        paragraph (2)) the following new paragraph:
            ``(10) The value of incorporating electric, hybrid-
        electric, and high efficiency vehicles into vehicle fleets.''.

SEC. 2832. PLAN AND IMPLEMENTATION GUIDELINES FOR ACHIEVING DEPARTMENT 
              OF DEFENSE GOAL REGARDING USE OF RENEWABLE ENERGY TO MEET 
              FACILITY ENERGY NEEDS.

    (a) Plan and Guidelines Required.--Section 2911(e) of title 10, 
United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2) The Secretary of Defense, in coordination with the 
Secretaries of the military departments, shall develop a plan and 
implementation guidelines for achieving the percentage goal specified 
in paragraph (1)(A).''.
    (b) Submission.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report containing the plan and implementation guidelines required by 
paragraph (2) of section 2911(e) of title 10, United States Code, as 
added by subsection (a).

SEC. 2833. INSULATION RETROFITTING ASSESSMENT FOR DEPARTMENT OF DEFENSE 
              FACILITIES.

    (a) Submission and Contents of Insulation Retrofitting 
Assessment.--Not later than 1 year after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives an assessment 
containing an estimate of--
            (1) the number of Department of Defense facilities 
        described in subsection (b); and
            (2) the overall cost savings and energy savings to the 
        Department that would result from retrofitting those facilities 
        with improved insulation.
    (b) Facilities Included in Assessment.--The assessment requirement 
in subsection (a) shall apply with respect to each Department of 
Defense facility the retrofitting of which (as described in such 
subsection) would result, over the remaining expected life of the 
facility, in an amount of cost savings that is at least twice the 
amount of the cost of the retrofitting.

                      Subtitle E--Land Conveyances

SEC. 2841. CONVEYANCE OF PERSONAL PROPERTY RELATED TO WASTE-TO-ENERGY 
              POWER PLANT SERVING EIELSON AIR FORCE BASE, ALASKA.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey to the Fairbanks North Star Borough, Alaska (in this section 
referred to as the ``Borough''), personal property acquired for the 
Eielson Air Force Base Alternate Energy Source Program to be used for a 
waste-to-energy power plant that would generate electricity through the 
burning of waste generated by the Borough, Eielson Air Force Base, and 
other Federal facilities or State or local government entities.
    (b) Consideration.--As consideration for the conveyance of personal 
property under subsection (a), the Secretary shall require the Borough 
to offset Eielson Air Force Base waste disposal fees by the fair market 
value of the conveyed property.
    (c) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2842. LAND CONVEYANCE, WHITTIER PETROLEUM, OIL, AND LUBRICANT TANK 
              FARM, WHITTIER, ALASKA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the City of Whittier, Alaska (in this section 
referred to as the ``City''), all right, title, and interest of the 
United States in and to parcels of real property, including any 
improvements thereon, consisting of approximately 31 acres at the 
Whittier Petroleum, Oil, and Lubricant Tank Farm, Whittier, Alaska, for 
the purpose of permitting the City to use the property for local public 
activities.
    (b) Payment of Costs of Conveyances.--
            (1) Payment required.--The Secretary shall require the City 
        to cover costs to be incurred by the Secretary, or to reimburse 
        the Secretary for costs incurred by the Secretary, to carry out 
        the conveyance under subsection (a), including survey costs, 
        costs related to environmental documentation, and other 
        administrative costs related to the conveyance.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursements under paragraph (1) shall be credited to the 
        fund or account that was used to cover the costs incurred by 
        the Secretary in carrying out the conveyance. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such fund or 
        account.
    (c) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply 
with, any environmental law, including the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (d) Description of Property.--The exact acreage and legal 
descriptions of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a), including easements or covenants to protect 
cultural or natural resources, as the Secretary considers appropriate 
to protect the interests of the United States.

SEC. 2843. LAND CONVEYANCE, FORT KNOX, KENTUCKY.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the Department of Veterans Affairs of the 
Commonwealth of Kentucky (in this section referred to as the 
``Department'') all right, title, and interest of the United States in 
and to a parcel of real property, including any improvements thereon, 
consisting of approximately 194 acres at Fort Knox, Kentucky, for the 
purpose of permitting the Department to establish and operate a State 
veterans home and future expansion of the adjacent State veterans 
cemetery for veterans and eligible family members of the Armed Forces.
    (b) Reimbursement for Costs of Conveyance.--(1) The Department 
shall reimburse the Secretary for any costs incurred by the Secretary 
in making the conveyance under subsection (a), including costs related 
to environmental documentation and other administrative costs. This 
paragraph does not apply to costs associated with the environmental 
remediation of the property to be conveyed.
    (2) Amounts received as reimbursement under paragraph (1) shall be 
credited to the fund or account that was used to cover the costs 
incurred by the Secretary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or account and shall 
be available for the same purposes, and subject to the same conditions 
and limitations, as other amounts in such fund or account.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (d) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a), as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2844. LAND CONVEYANCE, NAVAL SUPPORT ACTIVITY (WEST BANK), NEW 
              ORLEANS, LOUISIANA.

    (a) Conveyance Authorized.--Except as provided in subsection (b), 
the Secretary of the Navy may convey to the Algiers Development 
District all right, title, and interest of the United States in and to 
the real property comprising the Naval Support Activity (West Bank), 
New Orleans, Louisiana, including--
            (1) any improvements and facilities on the real property; 
        and
            (2) available personal property on the real property.
    (b) Certain Property Excluded.--The conveyance under subsection (a) 
may not include--
            (1) the approximately 29-acre area known as the Secured 
        Area of the real property described in such subsection, which 
        shall remain subject to the Lease; and
            (2) the Quarters A site, which is located at Sanctuary 
        Drive, as determined by a survey satisfactory to the Secretary 
        of the Navy.
    (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of the 
Navy.
    (d) Timing.--The authority provided in subsection (a) may only be 
exercised after--
            (1) the Secretary of the Navy determines that the property 
        described in subsection (a) is no longer needed by the 
        Department of the Navy; and
            (2) the Algiers Development District delivers the full 
        consideration as required by Article 3 of the Lease.
    (e) Condition of Conveyance.--The conveyance authorized by 
subsection (a) shall include a condition that expressly prohibits any 
use of the property that would interfere or otherwise restrict 
operations of the Department of the Navy in the Secured Area referred 
to in subsection (b), as determined by the Secretary of the Navy.
    (f) Subsequent Conveyance of Secured Area.--If at any time the 
Secretary of the Navy determines and notifies the Algiers Development 
District that there is no longer a continuing requirement to occupy or 
otherwise control the Secured Area referred to in subsection (b) to 
support the mission of the Marine Forces Reserve or other comparable 
Marine Corps use, the Secretary may convey to the Algiers Development 
District the Secured Area and the any improvements situated thereon.
    (g) Subsequent Conveyance of Quarters A.--If at any time the 
Secretary of the Navy determines that the Department of the Navy no 
longer has a continuing requirement for general officers quarters to be 
located on the Quarters A site referred to in subsection (b) or the 
Department of the Navy elects or offers to transfer, sell, lease, 
assign, gift or otherwise convey any or all of the Quarters A site or 
any improvements thereon to any third party, the Secretary may convey 
to the Algiers Development District the real property containing the 
Quarters A site.
    (h) Additional Terms and Conditions.--The Secretary of the Navy may 
require such additional terms and conditions in connection with the 
conveyance of property under this section, consistent with the Lease, 
as the Secretary considers appropriate to protect the interest of the 
United States.
    (i) Definitions.--In this section:
            (1) The term ``Algiers Development District'' means the 
        Algiers Development District, a local political subdivision of 
        the State of Louisiana.
            (2) The term ``Lease'' means that certain Real Estate Lease 
        for Naval Support Activity New Orleans, West Bank, New Orleans, 
        Louisiana, Lease No. N47692-08-RP-08P30, by and between the 
        United States, acting by and through the Department of the 
        Navy, and the Algiers Development District dated September 30, 
        2008.

SEC. 2845. LAND CONVEYANCE, FORMER NAVY EXTREMELY LOW FREQUENCY 
              COMMUNICATIONS PROJECT SITE, REPUBLIC, MICHIGAN.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey, 
without consideration, to Humboldt Township in Marquette County, 
Michigan, all right, title, and interest of the United States in and to 
a parcel of real property, including any improvements thereon, in 
Republic, Michigan, consisting of approximately seven acres and 
formerly used as an Extremely Low Frequency communications project 
site, for the purpose of permitting the Township to use the property 
for local public activities.
    (b) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (c) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

SEC. 2846. LAND CONVEYANCE, MARINE FORCES RESERVE CENTER, WILMINGTON, 
              NORTH CAROLINA.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey to 
the North Carolina State Port Authority of Wilmington, North Carolina 
(in this section referred to as the ``Port Authority''), all right, 
title, and interest of the United States in and to a parcel of real 
property, including any improvements thereon, consisting of 
approximately 3.03 acres and known as the Marine Forces Reserve Center 
in Wilmington, North Carolina, for the purpose of permitting the Port 
Authority to use the parcel for development of a port facility and for 
other public purposes.
    (b) Inclusion of Personal Property.--The Secretary of the Navy may 
include as part of the conveyance under subsection (a) personal 
property of the Navy at the Marine Forces Reserve Center that the 
Secretary of Transportation recommends is appropriate for the 
development or operation of the port facility and the Secretary of the 
Navy agrees is excess to the needs of the Navy.
    (c) Interim Lease.--Until such time as the real property described 
in subsection (a) is conveyed by deed, the Secretary of the Navy may 
lease the property to the Port Authority.
    (d) Consideration.--
            (1) Conveyance.--The conveyance under subsection (a) shall 
        be made without consideration as a public benefit conveyance 
        for port development if the Secretary of the Navy determines 
        that the Port Authority satisfies the criteria specified in 
        section 554 of title 40, United States Code, and regulations 
        prescribed to implement such section. If the Secretary 
        determines that the Port Authority fails to qualify for a 
        public benefit conveyance, but still desires to acquire the 
        property, the Port Authority shall pay to the United States an 
        amount equal to the fair market value of the property to be 
        conveyed. The fair market value of the property shall be 
        determined by the Secretary.
            (2) Lease.--The Secretary of the Navy may accept as 
        consideration for a lease of the property under subsection (c) 
        an amount that is less than fair market value if the Secretary 
        determines that the public interest will be served as a result 
        of the lease.
    (e) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary of the Navy and 
the Port Authority. The cost of such survey shall be borne by the Port 
Authority.
    (f) Additional Terms.--The Secretary of the Navy may require such 
additional terms and conditions in connection with the conveyance as 
the Secretary considers appropriate to protect the interests of the 
United States.

                       Subtitle F--Other Matters

SEC. 2851. REQUIREMENTS RELATED TO PROVIDING WORLD CLASS MILITARY 
              MEDICAL FACILITIES.

    (a) Unified Construction Standard for Military Construction and 
Repairs to Military Medical Facilities.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
establish a unified construction standard for military construction and 
repairs for military medical facilities that provides a single standard 
of care. This standard shall also include a size standard for operating 
rooms and patient recovery rooms.
    (b) Independent Review Panel.--
            (1) Establishment; purpose.--The Secretary of Defense shall 
        establish an independent advisory panel for the purpose of--
                    (A) advising the Secretary regarding whether the 
                Comprehensive Master Plan for the National Capital 
                Region Medical, dated April 2010, is adequate to 
                fulfill statutory requirements, as required by section 
                2714 of the Military Construction Authorization Act for 
                Fiscal Year 2010 (division B of Public Law 111-84; 123 
                Stat. 2656), to ensure that the facilities and 
                organizational structure described in the plan result 
                in world class military medical facilities in the 
                National Capital Region;
                    (B) monitoring the implementation and any 
                subsequent modification of the master plan referred to 
                in subparagraph (A); and
                    (C) making recommendations regarding any 
                adjustments of the master plan referred to in 
                subparagraph (A) needed to ensure the provision of 
                world class military medical facilities and delivery 
                system in the National Capital Region.
            (2) Members.--
                    (A) Appointments by secretary.--The panel shall be 
                composed of such members as determined by the Secretary 
                of Defense, except that the Secretary shall include as 
                members--
                            (i) medical facility design experts;
                            (ii) military healthcare professionals;
                            (iii) representatives of premier health 
                        care facilities in the United States; and
                            (iv) former retired senior military 
                        officers with joint operational and budgetary 
                        experience.
                    (B) Congressional appointments.--The chairmen and 
                ranking members of the Committees on the Armed Services 
                of the Senate and House of Representatives may each 
                designate one member of the panel.
                    (C) Term.--Members of the panel may serve on the 
                panel until the termination date specified in paragraph 
                (7).
                    (D) Compensation.--While performing duties on 
                behalf of the panel, a member and any adviser referred 
                to in paragraph (4) shall be reimbursed under 
                Government travel regulations for necessary travel 
                expenses.
            (3) Meetings.--The panel shall meet not less than 
        quarterly. The panel or its members may make other visits to 
        military treatment facilities and military headquarters in 
        connection with the duties of the panel.
            (4) Staff and advisors.--The Secretary of Defense shall 
        provide necessary administrative staff support to the panel. 
        The panel may call in advisers for consultation.
            (5) Reports.--
                    (A) Initial report.--Not later than 120 days after 
                the first meeting of the panel, the panel shall submit 
                to the Secretary of Defense a written report containing 
                an assessment of the adequacy of the master plan 
                referred to in paragraph (1)(A) and the recommendations 
                of the panel to improve the plan.
                    (B) Additional reports.--Not later than February 
                28, 2011, and February 29, 2012, the panel shall submit 
                to the Secretary of Defense a report on the findings 
                and recommendations of the panel to address any 
                deficiencies identified by the panel.
            (6) Assessment of recommendations.--Not later than 30 days 
        after the date of the submission of each report under paragraph 
        (5), the Secretary of Defense shall submit to the congressional 
        defense committees a report including--
                    (A) an assessment by the Secretary of the findings 
                and recommendations of the panel; and
                    (B) the plans of the Secretary for addressing such 
                findings and recommendations.
            (7) Termination.--The panel shall terminate on September 
        30, 2015.
    (c) Definitions.--In this section:
            (1) National capital region.--The term ``National Capital 
        Region'' has the meaning given the term in section 2674(f) of 
        title 10, United States Code.
            (2) World class military medical facility.--The term 
        ``world class military medical facility'' has the meaning given 
        the term by the National Capital Region Base Realignment and 
        Closure Health Systems Advisory Subcommittee of the Defense 
        Health Board in appendix B of the report titled ``Achieving 
        World Class--An Independent Review of the Design Plans for the 
        Walter Reed National Military Medical Center and the Fort 
        Belvoir Community Hospital'' and published in May 2009, as 
        required by section 2721 of the Military Construction 
        Authorization Act for Fiscal Year 2009 (division B of Public 
        Law 110-417; 122 Stat. 4716).

SEC. 2852. NAMING OF ARMED FORCES RESERVE CENTER, MIDDLETOWN, 
              CONNECTICUT.

    The newly constructed Armed Forces Reserve Center in Middletown, 
Connecticut, shall be known and designated as the ``Major General 
Maurice Rose Armed Forces Reserve Center''. Any reference in a law, 
map, regulation, document, paper, or other record of the United States 
to such Armed Forces Reserve Center shall be deemed to be a reference 
to the Major General Maurice Rose Armed Forces Reserve Center.

   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.

    (a) Outside the United States.--The Secretary of the Army may 
acquire real property and carry out military construction projects for 
various locations outside the United States, and subject to the 
purpose, total amount authorized, and authorization of appropriations 
specified for the projects, set forth in the following table:

----------------------------------------------------------------------------------------------------------------
      Army: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     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
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--
            (1) Outside the united states.--For military construction 
        projects outside the United States authorized by subsection 
        (a), funds are hereby authorized to be appropriated for fiscal 
        years beginning after September 30, 2009, in the total amount 
        of $195,600,000.
            (2) Unspecified minor military construction projects.--For 
        unspecified minor military construction projects authorized by 
        section 2805 of title 10, United States Code, funds are hereby 
        authorized to be appropriated for fiscal years beginning after 
        September 30, 2009, in the total amount of $40,000,000.
            (3) Architectural and engineering services and construction 
        design.--For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, funds are hereby authorized to be appropriated for 
        fiscal years beginning after September 30, 2009, in the total 
        amount of $6,696,000.

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Outside the United States.--The Secretary of the Air Force may 
acquire real property and carry out military construction projects for 
various locations outside the United States, and subject to the 
purpose, total amount authorized, and authorization of appropriations 
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)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
AF                       Various Locations..........  Operational Facilities......      220,500          220,500
AF                       Various Locations..........  Supply Facilities...........       24,550           24,550
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--
            (1) Outside the united states.--For military construction 
        projects outside the United States authorized by subsection 
        (a), funds are hereby authorized to be appropriated for fiscal 
        years beginning after September 30, 2009, in the total amount 
        of $245,050,000.
            (2) Unspecified minor military construction projects.--For 
        unspecified minor military construction projects authorized by 
        section 2805 of title 10, United States Code, funds are hereby 
        authorized to be appropriated for fiscal years beginning after 
        September 30, 2009, in the total amount of $15,000,000.
            (3) Architectural and engineering services and construction 
        design.--For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, funds are hereby authorized to be appropriated for 
        fiscal years beginning after September 30, 2009, in the total 
        amount of $19,040,000.

                 Subtitle B--Fiscal Year 2011 Projects

SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS 
              AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Outside the United States.--The Secretary of the Army may 
acquire real property and carry out military construction projects for 
various locations outside the United States, and subject to the 
purpose, total amount authorized, and authorization of appropriations 
specified for the projects, set forth in the following table:

----------------------------------------------------------------------------------------------------------------
      Army: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     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               50,800           50,800
                                                       Facilities.................
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
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--
            (1) Outside the united states.--For military construction 
        projects outside the United States authorized by subsection 
        (a), funds are hereby authorized to be appropriated for fiscal 
        years beginning after September 30, 2010, in the total amount 
        of $761,950,000.
            (2) Unspecified minor military construction projects.--For 
        unspecified minor military construction projects authorized by 
        section 2805 of title 10, United States Code, funds are hereby 
        authorized to be appropriated for fiscal years beginning after 
        September 30, 2010, in the total amount of $78,330,000.
            (3) Architectural and engineering services and construction 
        design.--For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, funds are hereby authorized to be appropriated for 
        fiscal years beginning after September 30, 2010, in the total 
        amount of $89,716,000.

SEC. 2912. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Outside the United States.--The Secretary of the Air Force may 
acquire real property and carry out military construction projects for 
various locations outside the United States, and subject to the 
purpose, total amount authorized, and authorization of appropriations 
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)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
AF                       Various Locations..........  Maintenance and Production          7,400            7,400
                                                       Facilities.................
AF                       Various Locations..........  Operational Facilities......      203,000          203,000
AF                       Various Locations..........  Supply Facilities...........        7,100            7,100
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--
            (1) Outside the united states.--For military construction 
        projects outside the United States authorized by subsection 
        (a), funds are hereby authorized to be appropriated for fiscal 
        years beginning after September 30, 2010, in the total amount 
        of $217,500,000.
            (2) Unspecified minor military construction projects.--For 
        unspecified minor military construction projects authorized by 
        section 2805 of title 10, United States Code, funds are hereby 
        authorized to be appropriated for fiscal years beginning after 
        September 30, 2010, in the total amount of $49,584,000.
            (3) Architectural and engineering services and construction 
        design.--For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, funds are hereby authorized to be appropriated for 
        fiscal years beginning after September 30, 2010, in the total 
        amount of $13,422,000.

SEC. 2913. AUTHORIZED DEFENSE WIDE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Outside the United States.--The Secretary of Defense may 
acquire real property and carry out military construction projects for 
the Defense Agencies for a classified project at a classified location 
outside the United States, and subject to the total amount authorized 
and authorization of appropriations specified for the project, set 
forth in the following table:

----------------------------------------------------------------------------------------------------------------
  Defense Wide: Military Construction Outside the United States (Amounts Are Specified In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
                                                                                                  Authorization
   Overseas Location       Installation or Location        Purpose of Project         Project           of
                                                                                       Amount     Appropriations
----------------------------------------------------------------------------------------------------------------
XC                       Classified Location........  Classified Project..........       41,900           41,900
----------------------------------------------------------------------------------------------------------------

    (b) Authorization of Appropriations.--
            (1) Outside the united states.--For military construction 
        projects outside the United States authorized by subsection 
        (a), funds are hereby authorized to be appropriated for fiscal 
        years beginning after September 30, 2010, in the total amount 
        of $41,900,000.
            (2) Architectural and engineering services and construction 
        design.--For architectural and engineering services and 
        construction design authorized by section 2807 of title 10, 
        United States Code, funds are hereby authorized to be 
        appropriated for fiscal years beginning after September 30, 
        2010, in the total amount of $4,600,000.

SEC. 2914. CONSTRUCTION AUTHORIZATION FOR DEPARTMENT OF DEFENSE 
              FACILITIES IN A FOREIGN COUNTRY.

    Of the amounts authorized to be appropriated by this subtitle, the 
Secretary of Defense may use not more than $46,500,000 to plan, design, 
and construct facilities in a foreign country for the Department of 
Defense.

                       Subtitle C--Other Matters

SEC. 2921. NOTIFICATION OF OBLIGATION OF FUNDS AND QUARTERLY REPORTS.

    (a) Notification of Obligation of Funds.--
            (1) Notice and wait requirement.--Before using appropriated 
        funds to carry out a construction project outside the United 
        States that is authorized by section 2901, 2902, 2911, or 2912 
        and has an estimated cost in excess of the amounts authorized 
        for unspecified minor military construction projects under 
        section 2805(c) of title 10, United States Code, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a notice regarding the construction project. The project may be 
        carried out only after the end of the 10-day period beginning 
        on the date the notice is received by the committees or, if 
        earlier, the end of the 7-day period beginning on the date on 
        which a copy of the notification is provided in an electronic 
        medium pursuant to section 480 of title 10, United States Code.
            (2) Contents of notice.--The notice for a construction 
        project covered by subsection (a) shall include the following:
                    (A) Certification that the construction--
                            (i) is necessary to meet urgent military 
                        operational requirements of a temporary nature 
                        involving the use of the Armed Forces;
                            (ii) is carried out in support of a non-
                        enduring mission; and
                            (iii) is the minimum construction necessary 
                        to meet temporary operational requirements.
                    (B) A description of the purpose for which 
                appropriated funds are being obligated.
                    (C) All relevant documentation detailing the 
                construction project.
                    (D) An estimate of the total amount obligated for 
                the construction.
    (b) Quarterly Reports.--
            (1) Report required.--Not later than 45 days after the end 
        of each fiscal-year quarter during which appropriated funds are 
        obligated or expended to carry out construction projects 
        outside the United States that are authorized by section 2901, 
        2902, 2911, or 2912, the Secretary of Defense shall submit to 
        the congressional defense committees a report on the worldwide 
        obligation and expenditure during that quarter of appropriated 
        funds for such construction projects.
            (2) Project authority contingent on submission of 
        reports.--The ability to use section 2901, 2902, 2911, or 2912 
        as authority during a fiscal year to obligate appropriated 
        funds available to carry out construction projects outside the 
        United States shall commence for that fiscal year only after 
        the date on which the Secretary of Defense submits to the 
        congressional defense committees all of the quarterly reports 
        (if any) that were required under paragraph (1) for the 
        preceding fiscal year.
    (c) Limitation on Transfer Authority.--If the Secretary of the Army 
or the Secretary of the Air Force determines that amounts appropriated 
pursuant to the authorization of appropriation in section 2901, 2902, 
2911, or 2912 are required for any construction project that will cause 
obligations to exceed any of the category amounts specified in this 
title or for a construction project that is not within the scope of the 
category, the Secretary shall notify the congressional defense 
committees of this determination at least 14 days before obligating 
funds for the project.

 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.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated to the Department of Energy for fiscal year 2011 for 
the activities of the National Nuclear Security Administration in 
carrying out programs necessary for national security in the amount of 
$11,214,755,000, to be allocated as follows:
            (1) For weapons activities, $7,008,835,000.
            (2) For defense nuclear nonproliferation activities, 
        $2,687,167,000.
            (3) For naval reactors, $1,070,486,000.
            (4) For the Office of the Administrator for Nuclear 
        Security, $448,267,000.
    (b) Authorization of New Plant Projects.--From funds referred to in 
subsection (a) that are available for carrying out plant projects, the 
Secretary of Energy may carry out new plant projects for the National 
Nuclear Security Administration as follows:
            (1) Project 11-D-801, reinvestment project phase 2, Los 
        Alamos National Laboratory, Los Alamos, New Mexico, 
        $23,300,000.
            (2) Project 11-D-601, sanitary effluent reclamation 
        facility expansion, Los Alamos National Laboratory, Los Alamos, 
        New Mexico, $15,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2011 for defense environmental cleanup 
activities in carrying out programs necessary for national security in 
the amount of $5,588,039,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2011 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$878,209,000.

SEC. 3104. ENERGY SECURITY AND ASSURANCE.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2011 for energy security and assurance programs 
necessary for national security in the amount of $6,188,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. EXTENSION OF AUTHORITY RELATING TO THE INTERNATIONAL 
              MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF 
              THE DEPARTMENT OF ENERGY.

    Section 3156(b)(1) of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2739; 50 U.S.C. 
2343(b)(1)) is amended by striking ``January 1, 2013'' and inserting 
``January 1, 2018''.

SEC. 3112. ENERGY PARKS INITIATIVE.

    (a) In General.--Subtitle B of title XLVIII of the Atomic Energy 
Defense Act (division D of Public Law 107-314; 50 U.S.C. 2501 et seq.) 
is amended by adding at the end the following:

``SEC. 4815. ENERGY PARKS INITIATIVE.

    ``(a) In General.--The Secretary of Energy may facilitate the 
development of energy parks described in subsection (b) on defense 
nuclear facility reuse property through the use of collaborative 
partnerships with State and local governments, the private sector, and 
community reuse organizations approved by the Secretary.
    ``(b) Energy Parks.--An energy park described in this subsection is 
a facility (or group of facilities) developed for the purpose of--
            ``(1) promoting energy security, environmental 
        sustainability, economic competitiveness, and energy sector 
        jobs; and
            ``(2) encouraging pilot programs, demonstration projects, 
        or commercial projects, at or near such facility, with respect 
        to energy generation, energy efficiency, and advanced 
        manufacturing technologies that will contribute to a 
        stabilization of atmospheric greenhouse gas concentrations 
        through the reduction, avoidance, or sequestration of energy-
        related emissions.
    ``(c) Infrastructure.--In facilitating the development of an energy 
park under this section, the Secretary shall--
            ``(1) use existing infrastructure, facilities, workforces, 
        and other assets in the vicinity of the energy park; and
            ``(2) ensure that such energy park does not interfere with 
        the Secretary's other responsibilities at any defense nuclear 
        facility.
    ``(d) Report.--Not later than December 31, 2011, the Secretary 
shall submit to the Committee on Armed Services and the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Armed Services and the Committee on Energy and Natural Resources of 
the Senate a report on steps taken to facilitate the development of 
energy parks under this section.
    ``(e) Definitions.--In this section:
            ``(1) The term `defense nuclear facility' has the meaning 
        given the term `Department of Energy defense nuclear facility' 
        in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 
        2286g).
            ``(2) The term `defense nuclear facility reuse property' 
        means property that--
                    ``(A) is located at a defense nuclear facility; and
                    ``(B) the Secretary of Energy determines--
                            ``(i) has been adequately remediated by the 
                        Secretary or was not in need of remediation; 
                        and
                            ``(ii) is ready for use as an energy 
                        park.''.
    (b) Clerical Amendment.--The table of contents in section 4001(b) 
of such Act (division D of Public Law 107-314) is amended by inserting 
after the item relating to section 4814 the following new item:

``Sec. 4815. Energy parks initiative.''.

SEC. 3113. ESTABLISHMENT OF TECHNOLOGY TRANSFER CENTERS.

    (a) Technology Transfer Centers.--
            (1) In general.--Section 4813 of the Atomic Energy Defense 
        Act (division D of Public Law 107-314; 50 U.S.C. 2794) is 
        amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the following 
                new subsection (b):
    ``(b) Technology Transfer Centers.--(1) Subject to the availability 
of appropriations provided for such purpose, the Administrator shall 
establish a technology transfer center described in paragraph (2) at 
each national security laboratory.
    ``(2) A technology transfer center described in this paragraph is a 
center to foster collaborative scientific research, technology 
development, and the appropriate transfer of research and technology to 
users in addition to the national security laboratories.
    ``(3) In establishing a technology transfer center under this 
subsection, the Administrator--
            ``(A) shall enter into cooperative research and development 
        agreements with governmental, public, academic, or private 
        entities; and
            ``(B) may enter into a contract with respect to 
        constructing, purchasing, managing, or leasing buildings or 
        other facilities.''.
            (2) Definition.--Subsection (c) of such section, as 
        redesignated by paragraph (1)(A), is amended by adding at the 
        end the following new paragraph:
            ``(5) The term `national security laboratory' has the 
        meaning given that term in section 3281 of the National Nuclear 
        Security Administration Act (50 U.S.C. 2471).''.
            (3) Section heading.--The heading of such section is 
        amended by inserting ``and technology transfer centers'' after 
        ``partnerships''.
    (b) Clerical Amendment.--The table of contents in section 4001(b) 
of such Act (division D of Public Law 107-314) is amended by striking 
the item relating to section 4813 and inserting the following new item:

``Sec. 4813. Critical technology partnerships and technology transfer 
                            centers.''.

SEC. 3114. AIRCRAFT PROCUREMENT.

    Of the amounts authorized to be appropriated under section 
3101(a)(1) for fiscal year 2011 for weapons activities, the Secretary 
of Energy may procure not more than two aircraft.

SEC. 3115. ENHANCING PRIVATE-SECTOR EMPLOYMENT THROUGH TECHNOLOGY 
              TRANSFER ACTIVITIES.

    (a) In General.--The Administrator for Nuclear Security shall 
encourage technology transfer activities at the national security 
laboratories (as defined in section 3281 of the National Nuclear 
Security Administration Act (50 U.S.C. 2471)) that lead to the creation 
of new private-sector employment opportunities.
    (b) Reports.--Not later than January 31 of each year, the 
Administrator shall submit to Congress a report detailing the number of 
new private-sector employment opportunities created as a result of the 
previous years' technology transfer activities at each national 
security laboratory.

                          Subtitle C--Reports

SEC. 3121. COMPTROLLER GENERAL REPORT ON NNSA BIENNIAL COMPLEX 
              MODERNIZATION STRATEGY.

    Section 3255 of the National Nuclear Security Administration Act 
(50 U.S.C. 2455) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) GAO Study and Reports.--(1) For each plan and assessment 
submitted under subsection (a), the Comptroller General of the United 
States shall conduct a study that includes the following:
            ``(A) An analysis of the plan under subsection (a)(1).
            ``(B) An analysis of the assessment under subsection 
        (a)(2).
            ``(C) Whether both the budget for the fiscal year in which 
        the plan and assessment are submitted and the future-years 
        nuclear security program submitted to Congress in relation to 
        such budget under section 3253 provide for funding of the 
        nuclear security complex at a level that is sufficient for the 
        modernization and refurbishment of the nuclear security complex 
        in accordance with the plan.
            ``(D) An analysis of any assessment submitted by the 
        Administrator under subsection (c).
            ``(E) With respect to the facilities infrastructure 
        recapitalization program--
                    ``(i) whether such program achieved its mission of 
                addressing deferred and backlogged maintenance;
                    ``(ii) to what extent deferred and backlogged 
                maintenance remains unaddressed;
                    ``(iii) whether the expiration of such program's 
                authorities has weakened or strengthened plans under 
                subsection (a); and
                    ``(iv) whether the reauthorization of such program 
                would further the goal of modernizing and refurbishing 
                the nuclear security complex.
    ``(2) Not later than 180 days after the date on which the 
Administrator submits the plan and assessment under subsection (a), the 
Comptroller General shall submit to the congressional defense 
committees a report on the study under paragraph (1), including--
            ``(A) the findings of the study under paragraph (1);
            ``(B) whether the plan and assessment submitted under 
        subsection (a) support each element under subsection (b); and
            ``(C) the role of the United States Strategic Command in 
        making an assessment under subsection (c).
    ``(3) Not later than 90 days after the date on which a budget is 
submitted to Congress during an even-numbered fiscal year, the 
Comptroller General shall submit to the congressional defense 
committees an update to the previous study under paragraph (1) taking 
into account the nuclear security budget materials included with such 
budget.''.

SEC. 3122. REPORT ON GRADED SECURITY PROTECTION POLICY.

    (a) Report.--Not later than February 1, 2011, the Secretary of 
Energy shall submit to the congressional defense committees a report on 
the implementation of the graded security protection policy of the 
Department of Energy.
    (b) Matters Included.--The report under subsection (a) shall 
include the following:
            (1) A comprehensive plan and schedule (including any 
        benchmarks, milestones, or other deadlines) for implementing 
        the graded security protection policy.
            (2) An explanation of the current status of the graded 
        security protection policy for each site with respect to the 
        comprehensive plan under paragraph (1).
            (3) An explanation of the Secretary's objective end-state 
        for implementation of the graded security protection policy 
        (such end-state shall include supporting justification and 
        rationale to ensure that robust and adaptive security measures 
        meet the graded security protection policy requirements).
            (4) Identification of each site that has received an 
        exception or waiver to the graded security protection policy, 
        including the justification for each such exception or waiver.
            (5) A schedule for ``force-on-force'' exercises that the 
        Secretary considers necessary to maintain operational 
        readiness.
            (6) A description of a program that will provide proper 
        training and equipping of personnel to a certifiable standard.
    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 2011, 
$28,640,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amount.--There are hereby authorized to be appropriated to the 
Secretary of Energy $23,614,000 for fiscal year 2011 for the purpose of 
carrying out activities under chapter 641 of title 10, United States 
Code, relating to the naval petroleum reserves.
    (b) Period of Availability.--Funds appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain 
available until expended.

                  TITLE XXXV--MARITIME ADMINISTRATION

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY 
              ASPECTS OF THE MERCHANT MARINE FOR FISCAL YEAR 2011.

    Funds are hereby authorized to be appropriated for fiscal year 
2011, to be available without fiscal year limitation if so provided in 
appropriations Acts, for the use of the Department of Transportation 
for Maritime Administration programs associated with maintaining 
national security aspects of the merchant marine, as follows:
            (1) For expenses necessary for operations of the United 
        States Merchant Marine Academy, $100,020,000, of which--
                    (A) $63,120,000 shall remain available until 
                expended for Academy operations;
                    (B) $6,000,000 shall remain available until 
                expended for refunds to Academy midshipmen for 
                improperly charged fees; and
                    (C) $30,900,000 shall remain available until 
                expended for capital improvements at the Academy.
            (2) For expenses necessary to support the State maritime 
        academies, $15,007,000, of which--
                    (A) $2,000,000 shall remain available until 
                expended for student incentive payments;
                    (B) $2,000,000 shall remain available until 
                expended for direct payments to such academies; and
                    (C) $11,007,000 shall remain available until 
                expended for maintenance and repair of State maritime 
                academy training vessels.
            (3) For expenses necessary to dispose of vessels in the 
        National Defense Reserve Fleet, $10,000,000.
            (4) For expenses to maintain and preserve a United States-
        flag merchant marine to serve the national security needs of 
        the United States under chapter 531 of title 46, United States 
        Code, $174,000,000.
            (5) For the cost (as defined in section 502(5) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan 
        guarantees under the program authorized by chapter 537 of title 
        46, United States Code, $60,000,000, of which $3,688,000 shall 
        remain available until expended for administrative expenses of 
        the program.

SEC. 3502. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.

    Chapter 531 of title 46, United States Code, is amended--
            (1) in section 53104(a), by striking ``2015'' and inserting 
        ``2025'';
            (2) in section 53106(a)(1)(C), by striking ``for each 
        fiscal years 2012, 2013, 2014, and 2015'' and inserting ``for 
        each of fiscal years 2012 though 2025''; and
            (3) in section 53111(3), by striking ``2015'' and inserting 
        ``2025''.

SEC. 3503. UNITED STATES MERCHANT MARINE ACADEMY NOMINATIONS OF 
              RESIDENTS OF THE NORTHERN MARIANA ISLANDS.

    Section 51302(b) of title 46, United States Code, is amended--
            (1) in paragraph (3), by inserting ``the Northern Mariana 
        Islands,'' after ``Guam,''; and
            (2) by striking paragraph (5) and redesignating paragraph 
        (6) as paragraph (5).

SEC. 3504. ADMINISTRATIVE EXPENSES FOR PORT OF GUAM IMPROVEMENT 
              ENTERPRISE PROGRAM.

    Section 3512(c)(4) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r(c)(4)) is 
amended--
            (1) by inserting ``, and of other amounts appropriated or 
        otherwise made available to the Maritime Administration for the 
        purposes of the Program for fiscal year 2011 or thereafter,'' 
        after ``for a fiscal year''; and
            (2) by inserting ``under this section'' before the period 
        at the end.

SEC. 3505. VESSEL LOAN GUARANTEES: PROCEDURES FOR TRADITIONAL AND 
              NONTRADITIONAL APPLICATIONS.

    (a) Definitions.--Section 53701 of title 46, United States Code, is 
amended--
            (1) by redesignating paragraph (14) as paragraph (16);
            (2) by redesignating paragraphs (10) through (13) as 
        paragraphs (11) through (14), respectively;
            (3) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) Nontraditional application.--The term `nontraditional 
        application' means an application for a loan, guarantee, or 
        commitment to guarantee under this chapter, that is not a 
        traditional application, as determined by the Administrator.''; 
        and
            (4) by inserting after paragraph (14), as so redesignated, 
        the following new paragraph:
            ``(15) Traditional application.--The term `traditional 
        application' means an application for a loan, guarantee, or 
        commitment to guarantee under this chapter that involves a 
        market, technology, and financial structure of a type that has 
        proven successful in previous applications and does not present 
        an unreasonable risk to the United States, as determined by the 
        Administrator.''.
    (b) Deadline for Decision on Application; Extension.--Section 
53703(a) of title 46, United States Code, is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--The Secretary or Administrator shall 
        approve or deny an application for a loan guarantee under this 
        chapter--
                    ``(A) in the case of a traditional application, 
                before the end of the 90-day period beginning on the 
                date on which the signed application is received by the 
                Secretary or Administrator; and
                    ``(B) in the case of a nontraditional application, 
                before the end of the 120-day period beginning on such 
                date of receipt.''; and
            (2) in paragraph (2), by striking ``the 270-day period in 
        paragraph (1) to a date not later than 2 years'' and inserting 
        ``the applicable period under paragraph (1) to a date that is 
        not later than 1 year after the date on which the signed 
        application was received by the Secretary or Administrator''.
    (c) Independent Analysis.--Section 53708(d) of title 46, United 
States Code, is amended by striking ``an application'' and inserting 
``a nontraditional application''.
    (d) Application.--The amendments made by this section shall apply 
only to applications submitted after the date of enactment of this Act.

DIVISION D--IMPLEMENTING MANAGEMENT FOR PERFORMANCE AND RELATED REFORMS 
                TO OBTAIN VALUE IN EVERY ACQUISITION ACT

SEC. 100A. SHORT TITLE.

    This division may be cited as the ``Implementing Management for 
Performance and Related Reforms to Obtain Value in Every Acquisition 
Act of 2010''.

SEC. 100B. DEFINITION OF CONGRESSIONAL DEFENSE COMMITTEES.

    In this division, the term ``congressional defense committees'' has 
the meaning given that term in section 101(a)(16) of title 10, United 
States Code.

                  TITLE I--DEFENSE ACQUISITION SYSTEM

SEC. 101. PERFORMANCE MANAGEMENT OF THE DEFENSE ACQUISITION SYSTEM.

    (a) Performance Management of the Defense Acquisition System.--
            (1) In general.--Part IV of title 10, United States Code, 
        is amended by inserting after chapter 148 the following new 
        chapter:

``CHAPTER 149--PERFORMANCE MANAGEMENT OF THE DEFENSE ACQUISITION 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.
``Sec. 2545. Performance assessments of the defense acquisition system
    ``(a) Performance Assessments Required.--(1) The Secretary of 
Defense shall ensure that all elements of the defense acquisition 
system are subject to regular performance assessments--
            ``(A) to determine the extent to which such elements 
        deliver appropriate value to the Department of Defense; and
            ``(B) to enable senior officials of the Department of 
        Defense to manage the elements of the defense acquisition 
        system to maximize their value to the Department.
    ``(2) The performance of each element of the defense acquisition 
system shall be assessed as needed, but not less often than annually.
    ``(3) The Secretary shall ensure that the performance assessments 
required by this subsection are appropriately tailored to reflect the 
diverse nature of defense acquisition so that the performance 
assessment of each element of the defense acquisition system accurately 
reflects the work performed by such element.
    ``(b) Systemwide Categories.--(1) The Secretary of Defense shall 
establish categories of metrics for the defense acquisition system, 
including, at a minimum, categories relating to cost, quality, 
delivery, workforce, and policy implementation that apply to all 
elements of the defense acquisition system.
    ``(2) The Secretary of Defense shall issue guidance for service 
acquisition executives within the Department of Defense on the 
establishment of metrics, and goals and standards relating to such 
metrics, within the categories established by the Secretary under 
paragraph (1) to ensure that there is sufficient uniformity in 
performance assessments across the defense acquisition system so that 
elements of the defense acquisition system can be meaningfully 
compared.
    ``(c) Metrics, Goals, and Standards.--(1) Each service acquisition 
executive of the Department of Defense shall establish metrics to be 
used in the performance assessments required by subsection (a) for each 
element of the defense acquisition system for which such executive is 
responsible within the categories established by the Secretary under 
subsection (b). Such metrics shall be appropriately tailored pursuant 
to subsection (a)(3) and may include measures of--
            ``(A) cost, quality, and delivery;
            ``(B) contractor performance, including compliance with the 
        Department of Defense policy regarding the participation of 
        small business concerns owned and controlled by socially and 
        economically disadvantaged individuals, veteran-owned small 
        businesses, service-disabled, veteran-owned small businesses, 
        and women-owned small businesses;
            ``(C) excessive use of contract bundling and availability 
        of non-bundled contract vehicles;
            ``(D) workforce quality and program manager tenure (where 
        applicable);
            ``(E) the quality of market research;
            ``(F) appropriate use of integrated testing;
            ``(G) appropriate consideration of long-term sustainment 
        and energy efficiency; and
            ``(H) appropriate acquisition of technical data and other 
        rights and assets necessary to support long-term sustainment.
    ``(2) Each service acquisition executive within the Department of 
Defense shall establish goals and standards (including, at a minimum, a 
threshold standard and an objective goal) for each metric established 
under paragraph (1) by the executive. In establishing the goals and 
standards for an element of the defense acquisition system, a service 
acquisition executive shall consult with the head of the element to the 
maximum extent practicable, but the service acquisition executive shall 
retain the final authority to determine the goals and standards 
established. The service acquisition executive shall update the goals 
and standards as necessary and appropriate consistent with the guidance 
issued under subsection (b)(2).
    ``(3) The Under Secretary of Defense for Acquisition, Technology, 
and Logistics shall periodically review the metrics, goals, and 
standards established by service acquisition executives under this 
subsection to ensure that they are consistent with the guidance issued 
under subsection (b)(2).
    ``(d) Responsibility for Oversight and Direction of Performance 
Assessments.--(1) Performance assessments required by subsection (a) 
shall either be carried out by, or shall be subject to the oversight 
of, the Director of the Office of Performance Assessment and Root Cause 
Analysis. The authority and responsibility granted by this subsection 
is in addition to any other authority or responsibility granted to the 
Director of the Office of Performance Assessment and Root Cause 
Analysis by the Secretary of Defense or by any other provision of law. 
In the performance of duties pursuant to this section, the Director of 
the Office of Performance Assessment and Root Cause Analysis shall 
coordinate with the Deputy Chief Management Officer to ensure that 
performance assessments carried out pursuant to this section are 
consistent with the performance management initiatives of the 
Department of Defense.
    ``(2) A performance assessment may be carried out by an 
organization under the control of the service acquisition executive of 
a military department if--
            ``(A) the assessment fulfills the requirements of 
        subsection (a);
            ``(B) the organization is approved to carry out the 
        assessment by the Director of the Office of Performance 
        Assessment and Root Cause Analysis; and
            ``(C) the assessment is subject to the oversight of the 
        Director of the Office of Performance Assessment and Root Cause 
        Analysis in accordance with paragraph (1).
    ``(e) Retention and Access to Records of Performance Assessments 
Within the Military Departments and Defense Agencies.--The Secretary of 
Defense shall ensure that information from performance assessments of 
all elements of the defense acquisition system are retained 
electronically and that the Director of the Office of Performance 
Assessment and Root Cause Analysis--
            ``(1) promptly receives the results of all performance 
        assessments conducted by an organization under the control of 
        the service acquisition executive of a military department; and
            ``(2) has timely access to any records and data in the 
        Department of Defense (including the records and data of each 
        military department and Defense Agency and including classified 
        and proprietary information) that the Director considers 
        necessary to review in order to perform or oversee performance 
        assessments pursuant to this section.
    ``(f) Inclusion in Annual Report.--The Director of the Office of 
Performance Assessment and Root Cause Analysis shall include 
information on the activities undertaken by the Director under this 
section in the annual report of the Director required under section 
103(f) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 
111-23; 123 Stat. 1716), including information on any performance 
assessment required by subsection (a) with significant findings. In 
addition, if a performance assessment uncovers particularly egregious 
problems, as identified by the Director, the Director shall submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives a report on such problems within 30 days after the 
problems are identified.
    ``(g) Definitions.--In this section:
            ``(1) The term `defense acquisition system' means the 
        acquisition workforce; the process by which the Department of 
        Defense manages the acquisition of goods and services, 
        including weapon systems, commodities, commercial and military 
        unique services, and information technology; and the management 
        structure for carrying out the acquisition function within the 
        Department of Defense.
            ``(2) The term `element of the defense acquisition system' 
        means an organization that operates within the defense 
        acquisition system and that focuses primarily on acquisition.
            ``(3) The term `metric' means a specific measure that 
        serves as a basis for comparison.
            ``(4) The term `threshold performance standard' means the 
        minimum acceptable level of performance in relation to a 
        metric.
            ``(5) The term `objective performance goal' means the most 
        desired level of performance in relation to a metric.
            ``(6) The term `Office of Performance Assessment and Root 
        Cause Analysis' means the office reporting to the senior 
        official designated by the Secretary of Defense under section 
        103(a) of the Weapon Systems Acquisition Reform Act of 2009 
        (Public Law 111-23, 10 U.S.C. 2430 note).
``Sec. 2546. Audits of performance assessments
    ``(a) Audits Required.--The Secretary of Defense shall ensure that 
the performance assessments of the defense acquisition system required 
by section 2545 of this title are subject to periodic audits to 
determine the accuracy, reliability, and completeness of such 
assessments.
    ``(b) Standards and Approach.--In performing the audits required by 
subsection (a), the Secretary shall ensure that such audits--
            ``(1) comply with generally accepted government auditing 
        standards issued by the Comptroller General;
            ``(2) use a risk-based approach to audit planning; and
            ``(3) appropriately account for issues associated with 
        auditing assessments of activities occurring in a contingency 
        operation.
``Sec. 2547. Use of performance assessments for managing performance
    ``(a) In General.--The Secretary of Defense shall ensure that the 
results of performance assessments are used in the management of 
elements of the defense acquisition system through direct linkages 
between the results of a performance assessment and the following:
            ``(1) The size of the bonus pool available to the workforce 
        of an element of the defense acquisition system.
            ``(2) Rates of promotion in the workforce of an element of 
        the defense acquisition system.
            ``(3) Awards for acquisition excellence.
            ``(4) The scope of work assigned to an element of the 
        defense acquisition system.
    ``(b) Additional Requirements.--The Secretary of Defense shall 
ensure that actions taken to manage the acquisition workforce pursuant 
to subsection (a) are undertaken in accordance with the requirements of 
subsections (c) and (d) of section 1701a of this title.
``Sec. 2548. Acquisition-related functions of the Chiefs of Staff of 
              the armed forces
    ``(a) Assistance.--The Secretary of Defense shall ensure, 
notwithstanding section 3014(c)(1)(A), section 5014(c)(1)(A), and 
section 8014(c)(1)(A) of this title, that the Chief of Staff of the 
Army, the Chief of Naval Operations, the Chief of Staff of the Air 
Force, and the Commandant of the Marine Corps assist the Secretary of 
the military department concerned in the performance of the following 
acquisition-related functions of such department:
            ``(1) The development of requirements relating to the 
        defense acquisition system.
            ``(2) The development of measures to control requirements 
        creep in the defense acquisition system.
            ``(3) The development of career paths in acquisition for 
        military personnel (as required by section 1722a of this 
        title).
            ``(4) The assignment and training of contracting officer 
        representatives when such representatives are required to be 
        members of the armed forces because of the nature of the 
        contract concerned.
    ``(b) Definitions.--In this section:
            ``(1) The term `requirements creep' means the addition of 
        new technical or operational specifications after a 
        requirements document is approved.
            ``(2) The term `requirements document' means a document 
        produced in the requirements process that is provided for an 
        acquisition program to guide the subsequent development, 
        production, and testing of the program and that--
                    ``(A) justifies the need for a materiel approach, 
                or an approach that is a combination of materiel and 
                non-materiel, to satisfy one or more specific 
                capability gaps;
                    ``(B) details the information necessary to develop 
                an increment of militarily useful, logistically 
                supportable, and technically mature capability, 
                including key performance parameters; or
                    ``(C) identifies production attributes required for 
                a single increment of a program.''.
            (2) Clerical amendments.--The table of chapters at the 
        beginning of subtitle A of title 10, United States Code, and at 
        the beginning of part IV of such subtitle, are each amended by 
        inserting after the item relating to chapter 148 the following 
        new item:

``149. Performance Management of the Defense Acquisition        2545''.
                            System.
    (b) Phased Implementation of Performance Assessments.--The 
Secretary of Defense shall implement the requirements of chapter 149 of 
title 10, United States Code, as added by subsection (a), in a phased 
manner while guidance is issued, and categories, metrics, goals, and 
standards are established. Implementation shall begin with a cross 
section of elements of the defense acquisition system representative of 
the entire system and shall be completed for all elements not later 
than 2 years after the date of the enactment of this Act.

SEC. 102. MEANINGFUL CONSIDERATION BY JOINT REQUIREMENTS OVERSIGHT 
              COUNCIL OF INPUT FROM CERTAIN OFFICIALS.

    (a) Advisors to the Joint Requirements Oversight Council.--
            (1) Additional civilian advisors.--Subsection (d)(1) of 
        section 181 of title 10, United States Code, is amended by 
        striking ``The Under Secretary'' and all that follows through 
        ``and expertise.'' and inserting the following: ``The following 
        officials of the Department of Defense shall serve as advisors 
        to the Council on matters within their authority and expertise:
            ``(A) The Under Secretary of Defense for Acquisition, 
        Technology, and Logistics.
            ``(B) The Under Secretary of Defense (Comptroller).
            ``(C) The Under Secretary of Defense for Policy.
            ``(D) The Director of Cost Assessment and Program 
        Evaluation.''.
            (2) Role of combatant commanders as members of the jroc.--
        Paragraph (1) of subsection (c) of such section is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (D);
                    (B) by striking the period at the end of 
                subparagraph (E) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) when directed by the chairman, the commander 
                of any combatant command (or, as directed by that 
                commander, the deputy commander of that command) when 
                matters related to the area of responsibility or 
                functions of that command will be under consideration 
                by the Council.''.
    (b) Amendment Related to Report.--Paragraph (2) of section 105(c) 
of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-
23; 123 Stat. 1718) is amended to read as follows:
            ``(2) Matters covered.--The report shall include, at a 
        minimum, an assessment of--
                    ``(A) the extent to which the Council has 
                effectively sought, and the commanders of the combatant 
                commands have provided, meaningful input on proposed 
                joint military requirements;
                    ``(B) the extent to which the Council has 
                meaningfully considered the input and expertise of the 
                Under Secretary of Defense for Acquisition, Technology, 
                and Logistics in its discussions;
                    ``(C) the extent to which the Council has 
                meaningfully considered the input and expertise of the 
                Director of Cost Assessment and Program Evaluation in 
                its discussions;
                    ``(D) the quality and effectiveness of efforts to 
                estimate the level of resources needed to fulfill joint 
                military requirements; and
                    ``(E) the extent to which the Council has 
                considered trade-offs among cost, schedule, and 
                performance objectives.''.
    (c) Assessment of Independence of Cost Estimators and Cost Analysts 
Required in Next Annual Report on Cost Assessment Activities.--In the 
next annual report prepared by the Director of Cost Assessment and 
Program Evaluation under section 2334(e) of title 10, United States 
Code, the Director shall include an assessment of whether and to what 
extent personnel responsible for cost estimates or cost analysis 
developed by a military department or defense agency for a major 
defense acquisition program are independent and whether their 
independence or lack thereof affects their ability to generate reliable 
cost estimates.

SEC. 103. PERFORMANCE MANAGEMENT FOR THE JOINT CAPABILITIES INTEGRATION 
              AND DEVELOPMENT SYSTEM.

    (a) Requirement for Program.--The Secretary of Defense shall ensure 
that the Department of Defense develops and implements a program to 
manage performance in establishing joint military requirements pursuant 
to section 181 of title 10, United States Code.
    (b) Leaders.--The Secretary of Defense shall designate an officer 
identified or designated as a joint qualified officer to serve as 
leader of a joint effort to develop the performance management program 
required by subsection (a). The Secretary shall also designate an 
officer from each Armed Force to serve as leader of the effort within 
the Armed Force concerned. Officers designated pursuant to this section 
shall have the seniority and authority necessary to oversee and direct 
all personnel engaged in establishing joint military requirements 
within the Joint Staff or within the Armed Force concerned.
    (c) Matters Covered.--The program developed pursuant to subsection 
(a) shall:
            (1) Measure the following in relation to each joint 
        military requirement:
                    (A) The time a requirements document takes to 
                receive validation through the requirements process.
                    (B) The quality of cost information associated with 
                the requirement and the extent to which cost 
                information was considered during the requirements 
                process.
                    (C) The extent to which the requirements process 
                established a meaningful level of priority for the 
                requirement.
                    (D) The extent to which the requirements process 
                considered trade-offs between cost, schedule, and 
                performance objectives.
                    (E) The quality of information on sustainment 
                associated with the requirement and the extent to which 
                sustainment information was considered during the 
                requirements process.
                    (F) Such other matters as the Secretary shall 
                determine appropriate.
            (2) Achieve, to the maximum extent practicable, the 
        following outcomes in the requirements process:
                    (A) Timeliness in delivering capability to the 
                warfighter.
                    (B) Mechanisms for controlling requirements creep.
                    (C) Responsiveness to fact-of-life changes 
                occurring after the approval of a requirements 
                document, including changes to the threat environment, 
                the emergence of new capabilities, or changes in the 
                resources estimated to procure or sustain a capability.
                    (D) The development of the personnel skills, 
                capacity, and training needed for an effective and 
                efficient requirements process.
                    (E) Such other outcomes as the Secretary shall 
                determine appropriate.
    (d) Implementation.--The program required by subsection (a) shall 
be developed and initially implemented not later than 1 year after the 
date of the enactment of this Act and shall apply to requirements 
documents entering the requirements process after the date of initial 
implementation.
    (e) Initial Report.--Not later than 90 days after the initial 
implementation of the program required by subsection (a), the Secretary 
shall submit to the congressional defense committees a report on the 
steps taken to develop and implement the performance management program 
for joint military requirements. The report shall address the measures 
specified in subsection (c)(1).
    (f) Final Report.--Not later than 4 years after the initial 
implementation of the program required by subsection (a), the Secretary 
shall submit to the congressional defense committees a report on the 
effectiveness of the program for joint military requirements in 
achieving the outcomes specified in subsection (c)(2).
    (g) Definitions.--In this section:
            (1) Requirements process.--The term ``requirements 
        process'' means the Joint Capabilities Integration and 
        Development System (JCIDS) process or any successor to such 
        process established by the Chairman of the Joint Chiefs of 
        Staff to support the statutory responsibility of the Joint 
        Requirements Oversight Council in advising the Chairman and the 
        Secretary of Defense in identifying, assessing, and validating 
        joint military capability needs, with their associated 
        operational performance criteria, in order to successfully 
        execute missions.
            (2) Requirements document.--The term ``requirements 
        document'' means a document produced in the requirements 
        process that is provided for an acquisition program to guide 
        the subsequent development, production, and testing of the 
        program and that--
                    (A) justifies the need for a materiel approach, or 
                an approach that is a combination of materiel and non-
                materiel, to satisfy one or more specific capability 
                gaps;
                    (B) details the information necessary to develop an 
                increment of militarily useful, logistically 
                supportable, and technically mature capability, 
                including key performance parameters; or
                    (C) identifies production attributes required for a 
                single increment of a program.
            (3) Requirements creep.--The term ``requirements creep'' 
        means the addition of new technical or operational 
        specifications after a requirements document is approved.
    (h) Discretionary Implementation After 5 Years.--After the date 
that is 5 years after the initial implementation of the performance 
management program under this section, the requirement to implement a 
program under this section shall be at the discretion of the Secretary 
of Defense.

SEC. 104. REQUIREMENTS FOR THE ACQUISITION OF SERVICES.

    (a) Process Required.--The Secretary of Defense shall ensure that 
each military department establishes a process for identifying, 
assessing, and approving requirements for the acquisition of services, 
and that commanders of unified combatant commands and other officers 
identified or designated as joint qualified officers have an 
opportunity to participate in the process of each military department 
to provide input on joint requirements for the acquisition of services.
    (b) Guidance and Plan Required.--The Chief of Staff of the Army, 
the Chief of Naval Operations, the Chief of Staff of the Air Force, and 
the Commandant of the Marine Corps shall--
            (1) issue and maintain guidance relating to each process 
        established under subsection (a); and
            (2) develop a plan to implement each process established 
        under subsection (a).
    (c) Matters Required in Guidance.--The guidance issued under 
subsection (b) shall establish, in relation to a process for 
identifying, assessing, and approving requirements for the acquisition 
of services, the following:
            (1) Organization of such process.
            (2) The level of command responsibility required for 
        identifying and validating requirements for the acquisition of 
        services in accordance with the categories established under 
        section 2330(a)(1)(C) of title 10, United States Code.
            (3) The composition of billets necessary to operate such 
        process.
            (4) The training required for personnel engaged in such 
        process.
            (5) The relationship between doctrine and such process.
            (6) Methods of obtaining input on joint requirements for 
        the acquisition of services.
            (7) Procedures for coordinating with the acquisition 
        process.
            (8) Considerations relating to opportunities for strategic 
        sourcing.
    (d) Matters Required in Implementation Plan.--Each plan required 
under subsection (b) shall provide for initial implementation of a 
process for identifying, assessing, and approving requirements for the 
acquisition of services not later than 180 days after the date of the 
enactment of this Act and shall provide for full implementation of such 
process at the earliest date practicable.
    (e) Consistency With Joint Guidance.--Whenever, at any time, 
guidance is issued by the Chairman of the Joint Chiefs of Staff 
relating to requirements for the acquisition of services, each process 
established under subsection (a) shall be revised in accordance with 
such joint guidance.
    (f) Definition.--The term ``requirements for the acquisition of 
services'' means objectives to be achieved through acquisitions 
primarily involving the procurement of services.

SEC. 105. JOINT EVALUATION TASK FORCES.

    (a) Task Forces Required.--For each joint military requirement 
involving a materiel solution for which the Chairman of the Joint 
Requirements Oversight Council is the validation authority, the 
Chairman shall designate a commander of a unified combatant command to 
provide a joint evaluation task force to participate in such materiel 
solution. Such task force shall--
            (1) come from a military unit or units designated by the 
        combatant commander concerned;
            (2) be selected based on the relevance of such materiel 
        solution to the mission of the unit; and
            (3) participate consistent with its operational 
        obligations.
    (b) Responsibilities.--A task force provided pursuant to subsection 
(a) shall, for the materiel solution concerned--
            (1) provide input to the analysis of alternatives;
            (2) participate in testing (including limited user tests 
        and prototype testing);
            (3) provide input on a concept of operations and doctrine;
            (4) provide end user feedback to the resource sponsor; and
            (5) participate, through the combatant commander concerned, 
        in any alteration of the requirement for such solution.
    (c) Administrative Support.--The resource sponsor for the joint 
military requirement shall provide administrative support to the joint 
evaluation task force for purposes of carrying out this section.
    (d) Definitions.--In this section:
            (1) Resource sponsor.--The term ``resource sponsor'' means 
        the organization responsible for all common documentation, 
        periodic reporting, and funding actions required to support the 
        capabilities development and acquisition process for the 
        materiel solution.
            (2) Materiel solution.--The term ``materiel solution'' 
        means the development, acquisition, procurement, or fielding of 
        a new item, or of a modification to an existing item, necessary 
        to equip, operate, maintain, and support military activities.

SEC. 106. REVIEW OF DEFENSE ACQUISITION GUIDANCE.

    (a) Review of Guidance.--The Secretary of Defense shall review the 
acquisition guidance of the Department of Defense, including, at a 
minimum, the guidance contained in Department of Defense Instruction 
5000.02 entitled ``Operation of the Defense Acquisition System''.
    (b) Matters Considered.--The review performed under subsection (a) 
shall consider--
            (1) the extent to which it is appropriate to apply guidance 
        primarily relating to the acquisition of weapon systems to 
        acquisitions not involving weapon systems (including the 
        acquisition of commercial goods and commodities, commercial and 
        military unique services, and information technology);
            (2) whether long-term sustainment and energy efficiency of 
        weapon systems is appropriately emphasized;
            (3) whether appropriate mechanisms exist to communicate 
        information relating to the mission needs of the Department of 
        Defense to the industrial base in a way that allows the 
        industrial base to make appropriate investments in 
        infrastructure, capacity, and technology development to help 
        meet such needs;
            (4) the extent to which earned value management should be 
        required on acquisitions not involving the acquisition of 
        weapon systems and whether measures of quality and technical 
        performance should be included in any earned value management 
        system;
            (5) the extent to which it is appropriate to apply 
        processes primarily relating to the acquisition of weapon 
        systems to the acquisition of information technology systems, 
        consistent with the requirement to develop an alternative 
        process for such systems contained in section 804 of the 
        National Defense Authorization Act for Fiscal Year 2010 (Public 
        Law 111-84; 123 Stat. 2401; 10 U.S.C. 2225 note); and
            (6) such other matters as the Secretary considers 
        appropriate.
    (c) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and of the House of 
Representatives a report detailing any changes in the acquisition 
guidance of the Department of Defense identified during the review 
required by subsection (a), and any actions taken, or planned to be 
taken, to implement such changes.

SEC. 107. REQUIREMENT TO INCLUDE REFERENCES TO SERVICES ACQUISITION 
              THROUGHOUT THE FEDERAL ACQUISITION REGULATION.

    (a) Findings.--Congress finds the following:
            (1) The acquisition of services can be extremely complex, 
        and program management skills, tools, and processes need to be 
        applied to services acquisitions.
            (2) An emphasis on the concept of ``services'' throughout 
        the Federal Acquisition Regulation would enhance and support 
        the procurement and project management community in all aspects 
        of the acquisition planning process, including requirements 
        development, assessment of reasonableness, and post-award 
        management and oversight.
    (b) Requirement for Changes to FAR.--The Federal Acquisition 
Regulation shall be revised to provide, throughout the Regulation, 
appropriate references to services acquisition that are in addition to 
references provided in part 37 (which relates specifically to services 
acquisition).
    (c) Deadline.--This section shall be carried out within 270 days 
after the date of the enactment of this Act.

SEC. 108. PROCUREMENT OF MILITARY PURPOSE NONDEVELOPMENTAL ITEMS.

    (a) In General.--
            (1) Procurement of military purpose nondevelopmental 
        items.--Chapter 141 of title 10, United States Code, is amended 
        by adding at the end the following new section:
``Sec. 2410r. Military purpose nondevelopmental items
    ``(a) Definitions.--In this section:
            ``(1) The term `military purpose nondevelopmental item' 
        means an item--
                    ``(A) developed exclusively at private expense;
                    ``(B) that meets a validated military requirement, 
                as certified in writing by the responsible program 
                manager;
                    ``(C) for which delivery of an initial lot of 
                production-representative items may be made within 9 
                months after contract award; and
                    ``(D) for which the unit cost is less than 
                $10,000,000.
            ``(2) The term `item' has the meaning provided in section 
        2302(3) of this title.
    ``(b) Requirements.--The Secretary of Defense shall ensure that, 
with respect to a contract for the acquisition of a military purpose 
nondevelopmental item, the following requirements apply:
            ``(1) The contract shall be awarded using competitive 
        procedures in accordance with section 2304 of this title.
            ``(2) Certain contract clauses, as specified in regulations 
        prescribed under subsection (c), shall be included in each such 
        contract.
            ``(3) The type of contract used shall be a firm, fixed 
        price type contract.
            ``(4) Nothing in the contract shall further restrict or 
        otherwise affect the rights in technical data of the 
        Government, the contractor, or any subcontractor of the 
        contractor for items developed by the contractor or any such 
        subcontractor exclusively at private expense, as prescribed in 
        regulations implementing section 2320(a)(2)(B) of this title.
    ``(c) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section. Such regulations shall be 
included in regulations of the Department of Defense prescribed as part 
of the Federal Acquisition Regulation. At a minimum, the regulations 
shall include--
            ``(1) a list of contract clauses to be included in each 
        contract for the acquisition of a military purpose 
        nondevelopmental item;
            ``(2) definitions for the terms `developed' and 
        `exclusively at private expense' that--
                    ``(A) are consistent with the definitions developed 
                for such terms in accordance with 2320(a)(3) of this 
                title; and
                    ``(B) also exclude an item developed in part or in 
                whole with--
                            ``(i) foreign government funding; or
                            ``(ii) foreign or Federal Government loan 
                        financing at nonmarket rates; and
            ``(3) standards for evaluating the reasonableness of price 
        for the military purpose nondevelopmental item, in lieu of 
        certified cost or pricing data.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2410r. Military purpose nondevelopmental items.''.
    (b) Cost or Pricing Data Exception.--Section 2306a(b)(1) of title 
10, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) for the acquisition of a military purpose 
                nondevelopmental item, as defined in section 2410r of 
                this title, if the contracting officer determines in 
                writing that--
                            ``(i) the contract, subcontract or 
                        modification will be a firm, fixed price type 
                        contract; and
                            ``(ii) the offeror has submitted sufficient 
                        information to evaluate, through price 
                        analysis, the reasonableness of the price for 
                        the military purpose nondevelopmental item.''.
    (c) Effective Date.--Section 2410r of title 10, United States Code, 
as added by subsection (a), and the amendment made by subsection (b), 
shall apply with respect to contracts entered into after the date that 
is 120 days after the date of the enactment of this Act.

                TITLE II--DEFENSE ACQUISITION WORKFORCE

SEC. 201. ACQUISITION WORKFORCE EXCELLENCE.

    (a) In General.--
            (1) Acquisition workforce excellence.--Subchapter I of 
        chapter 87 of title 10, United States Code, is amended by 
        inserting after section 1701 the following new section:
``Sec. 1701a. Management for acquisition workforce excellence
    ``(a) Purpose.--The purpose of this chapter is to require the 
Department of Defense to develop and manage a highly skilled 
professional acquisition workforce--
            ``(1) in which excellence and contribution to mission is 
        rewarded;
            ``(2) which has the technical expertise and business skills 
        to ensure the Department receives the best value for the 
        expenditure of public resources;
            ``(3) which serves as a model for performance management of 
        employees of the Department; and
            ``(4) which is managed in a manner that complements and 
        reinforces the performance management of the defense 
        acquisition system pursuant to chapter 149 of this title.
    ``(b) Performance Management.--In order to achieve the purpose set 
forth in subsection (a), the Secretary of Defense shall--
            ``(1) use the full authorities provided in subsections (a) 
        through (d) of section 9902 of title 5, including flexibilities 
        related to performance management and hiring and to training of 
        managers;
            ``(2) require managers to develop performance plans for 
        individual members of the acquisition workforce in order to 
        give members an understanding of how their performance 
        contributes to their organization's mission and the success of 
        the defense acquisition system (as defined in section 2545 of 
        this title);
            ``(3) to the extent appropriate, use the lessons learned 
        from the acquisition demonstration project carried out under 
        section 1762 of this title related to contribution-based 
        compensation and appraisal, and how those lessons may be 
        applied within the General Schedule system;
            ``(4) develop attractive career paths;
            ``(5) encourage continuing education and training;
            ``(6) develop appropriate procedures for warnings during 
        performance evaluations and due process for members of the 
        acquisition workforce who consistently fail to meet performance 
        standards;
            ``(7) take full advantage of the Defense Civilian 
        Leadership Program established under section 1112 of the 
        National Defense Authorization Act for Fiscal Year 2010 (Public 
        Law 111-84; 123 Stat. 2496; 10 U.S.C. 1580 note prec.);
            ``(8) use the authorities for highly qualified experts 
        under section 9903 of title 5, to hire experts who are skilled 
        acquisition professionals to--
                    ``(A) serve in leadership positions within the 
                acquisition workforce to strengthen management and 
                oversight;
                    ``(B) provide mentors to advise individuals within 
                the acquisition workforce on their career paths and 
                opportunities to advance and excel within the 
                acquisition workforce; and
                    ``(C) assist with the design of education and 
                training courses and the training of individuals in the 
                acquisition workforce; and
            ``(9) use the authorities for expedited security clearance 
        processing pursuant to section 1564 of this title.
    ``(c) Negotiations.--Any action taken by the Secretary under this 
section, or to implement this section, shall be subject to the 
requirements of chapter 71 of title 5.
    ``(d) Regulations.--Any rules or regulations prescribed pursuant to 
this section shall be deemed an agency rule or regulation under section 
7117(a)(2) of title 5, and shall not be deemed a Government-wide rule 
or regulation under section 7117(a)(1) of such title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by inserting after the 
        item relating to section 1701 the following new item:

``1701a. Management for acquisition workforce excellence.''.
    (b) Authority to Appoint Highly Qualified Experts on Part-time 
Basis.--Section 9903(b)(1) of title 5, United States Code, is amended 
by inserting ``, on a full-time or part-time basis,'' after ``positions 
in the Department of Defense'' the first place it appears.

SEC. 202. AMENDMENTS TO THE ACQUISITION WORKFORCE DEMONSTRATION 
              PROJECT.

    (a) Codification Into Title 10.--
            (1) In general.--Chapter 87 of title 10, United States 
        Code, is amended by inserting after section 1761 the following 
        new section:
``Sec. 1762. Demonstration project relating to certain acquisition 
              personnel management policies and procedures
    ``(a) Commencement.--The Secretary of Defense is encouraged to 
carry out a demonstration project, the purpose of which is to determine 
the feasibility or desirability of one or more proposals for improving 
the personnel management policies or procedures that apply with respect 
to the acquisition workforce of the Department of Defense and 
supporting personnel assigned to work directly with the acquisition 
workforce.
    ``(b) Terms and Conditions.--(1) Except as otherwise provided in 
this subsection, any demonstration project described in subsection (a) 
shall be subject to section 4703 of title 5 and all other provisions of 
such title that apply with respect to any demonstration project under 
such section.
    ``(2) Subject to paragraph (3), in applying section 4703 of title 5 
with respect to a demonstration project described in subsection (a)--
            ``(A) `180 days' in subsection (b)(4) of such section shall 
        be deemed to read `120 days';
            ``(B) `90 days' in subsection (b)(6) of such section shall 
        be deemed to read `30 days'; and
            ``(C) subsection (d)(1) of such section shall be 
        disregarded.
    ``(3) Paragraph (2) shall not apply with respect to a demonstration 
project unless--
            ``(A) for each organization or team participating in the 
        demonstration project--
                    ``(i) at least one-third of the workforce 
                participating in the demonstration project consists of 
                members of the acquisition workforce; and
                    ``(ii) at least two-thirds of the workforce 
                participating in the demonstration project consists of 
                members of the acquisition workforce and supporting 
                personnel assigned to work directly with the 
                acquisition workforce; and
            ``(B) the demonstration project commences before October 1, 
        2007.
    ``(c) Limitation on Number of Participants.--The total number of 
persons who may participate in the demonstration project under this 
section may not exceed 120,000.
    ``(d) Effect of Reorganizations.--The applicability of paragraph 
(2) of subsection (b) to an organization or team shall not terminate by 
reason that the organization or team, after having satisfied the 
conditions in paragraph (3) of such subsection when it began to 
participate in a demonstration project under this section, ceases to 
meet one or both of the conditions set forth in subparagraph (A) of 
such paragraph (3) as a result of a reorganization, restructuring, 
realignment, consolidation, or other organizational change.
    ``(e) Assessment.--(1) The Secretary of Defense shall designate an 
independent organization to review the acquisition workforce 
demonstration project described in subsection (a).
    ``(2) Such assessment shall include:
            ``(A) A description of the workforce included in the 
        project.
            ``(B) An explanation of the flexibilities used in the 
        project to appoint individuals to the acquisition workforce and 
        whether those appointments are based on competitive procedures 
        and recognize veteran's preferences.
            ``(C) An explanation of the flexibilities used in the 
        project to develop a performance appraisal system that 
        recognizes excellence in performance and offers opportunities 
        for improvement.
            ``(D) The steps taken to ensure that such system is fair 
        and transparent for all employees in the project.
            ``(E) How the project allows the organization to better 
        meet mission needs.
            ``(F) An analysis of how the flexibilities in subparagraphs 
        (B) and (C) are used, and what barriers have been encountered 
        that inhibit their use.
            ``(G) Whether there is a process for--
                    ``(i) ensuring ongoing performance feedback and 
                dialogue among supervisors, managers, and employees 
                throughout the performance appraisal period; and
                    ``(ii) setting timetables for performance 
                appraisals.
            ``(H) The project's impact on career progression.
            ``(I) The project's appropriateness or inappropriateness in 
        light of the complexities of the workforce affected.
            ``(J) The project's sufficiency in terms of providing 
        protections for diversity in promotion and retention of 
        personnel.
            ``(K) The adequacy of the training, policy guidelines, and 
        other preparations afforded in connection with using the 
        project.
            ``(L) Whether there is a process for ensuring employee 
        involvement in the development and improvement of the project.
    ``(3) The first such assessment under this subsection shall be 
completed not later than September 30, 2011, and subsequent assessments 
shall be completed every 2 years thereafter until the termination of 
the project. The Secretary shall submit to the covered congressional 
committees a copy of the assessment within 30 days after receipt by the 
Secretary of the assessment.
    ``(f) Covered Congressional Committees.--In this section, the term 
`covered congressional committees' means--
            ``(1) the Committees on Armed Services of the Senate and 
        the House of Representatives;
            ``(2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            ``(3) the Committee on Oversight and Government Reform of 
        the House of Representatives.
    ``(g) Termination of Authority.--The authority to conduct a 
demonstration program under this section shall terminate on September 
30, 2017.
    ``(h) Conversion.--Within 6 months after the authority to conduct a 
demonstration project under this section is terminated as provided in 
subsection (g), employees in the project shall convert to the civilian 
personnel system created pursuant to section 9902 of title 5.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter V of chapter 87 of title 10, United 
        States Code, is amended by inserting after the item relating to 
        section 1761 the following new item:

``1762. Demonstration project relating to certain acquisition personnel 
                            management policies and procedures.''.
    (b) Conforming Repeal.--Section 4308 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 
1701 note) is repealed.

SEC. 203. INCENTIVE PROGRAMS FOR CIVILIAN AND MILITARY PERSONNEL IN THE 
              ACQUISITION WORKFORCE.

    (a) In General.--Chapter 87 of title 10, United States Code, is 
amended by inserting after section 1762, as added by section 202, the 
following new section:
``Sec. 1763. Incentive programs for civilian and military personnel in 
              the acquisition workforce
    ``(a) Civilian Acquisition Workforce Incentives.--The Secretary of 
Defense, acting through the Under Secretary of Defense for Acquisition, 
Technology, and Logistics, shall provide for an enhanced system of 
incentives for the encouragement of excellence in the acquisition 
workforce by providing rewards for employees who contribute to 
achieving the agency's performance goals. The system of incentives 
shall include provisions that--
            ``(1) relate salary increases, bonuses, and awards to 
        performance and contribution to the agency mission (including 
        the extent to which the performance of personnel in such 
        workforce contributes to achieving the goals and standards 
        established for acquisition programs pursuant to section 2545 
        of this title);
            ``(2) provide for consideration, in personnel evaluations 
        and promotion decisions, of the extent to which the performance 
        of personnel in such workforce contributes to achieving such 
        goals and standards;
            ``(3) use the Department of Defense Civilian Workforce 
        Incentive Fund established pursuant to section 9902(a) of title 
        5; and
            ``(4) provide opportunities for career broadening 
        experiences for high performers.
    ``(b) Military Acquisition Workforce Incentives.--The Secretaries 
of the military departments shall fully use and enhance incentive 
programs that reward individuals, through recognition certificates or 
cash awards, for suggestions of process improvements that contribute to 
improvements in efficiency and economy and a better way of doing 
business.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter V of chapter 87 of title 10, United States Code, is amended 
by inserting after the item relating to section 1762, as added by 
section 202, the following new item:

``1763. Incentive programs for civilian and military personnel in the 
                            acquisition workforce.''.

SEC. 204. CAREER DEVELOPMENT FOR CIVILIAN AND MILITARY PERSONNEL IN THE 
              ACQUISITION WORKFORCE.

    (a) Career Paths.--
            (1) Amendment.--Chapter 87 of title 10, United States Code, 
        is amended by inserting after section 1722a the following new 
        section:
``Sec. 1722b. Special requirements for civilian employees in the 
              acquisition field
    ``(a) Requirement for Policy and Guidance Regarding Civilian 
Personnel in Acquisition.--The Secretary of Defense, acting through the 
Under Secretary of Defense for Acquisition, Technology, and Logistics, 
shall establish policies and issue guidance to ensure the proper 
development, assignment, and employment of civilian members of the 
acquisition workforce to achieve the objectives specified in subsection 
(b).
    ``(b) Objectives.--Policies established and guidance issued 
pursuant to subsection (a) shall ensure, at a minimum, the following:
            ``(1) A career path in the acquisition field that attracts 
        the highest quality civilian personnel, from either within or 
        outside the Federal Government.
            ``(2) A deliberate workforce development strategy that 
        increases attainment of key experiences that contribute to a 
        highly qualified acquisition workforce.
            ``(3) Sufficient opportunities for promotion and 
        advancement in the acquisition field.
            ``(4) A sufficient number of qualified, trained members 
        eligible for and active in the acquisition field to ensure 
        adequate capacity, capability, and effective succession for 
        acquisition functions, including contingency contracting, of 
        the Department of Defense.
            ``(5) A deliberate workforce development strategy that 
        ensures diversity in promotion, advancement, and experiential 
        opportunities commensurate with the general workforce outlined 
        in this section.
    ``(c) Inclusion of Information in Annual Report.--The Secretary of 
Defense shall include in the report to Congress required under section 
115b(d) of this title the following information related to the 
acquisition workforce for the period covered by the report (which shall 
be shown for the Department of Defense as a whole and separately for 
the Army, Navy, Air Force, Marine Corps, Defense Agencies, and Office 
of the Secretary of Defense):
            ``(1) The total number of persons serving in the 
        Acquisition Corps, set forth separately for members of the 
        armed forces and civilian employees, by grade level and by 
        functional specialty.
            ``(2) The total number of critical acquisition positions 
        held, set forth separately for members of the armed forces and 
        civilian employees, by grade level and by other appropriate 
        categories (including by program manager, deputy program 
        manager, and division head positions). For each such category, 
        the report shall specify the number of civilians holding such 
        positions compared to the total number of positions filled.
            ``(3) The number of employees to whom the requirements of 
        subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this 
        title did not apply because of the exceptions provided in 
        paragraphs (1) and (2) of section 1732(c) of this title, set 
        forth separately by type of exception.
            ``(4) The number of program managers and deputy program 
        managers who were reassigned after completion of a major 
        milestone occurring closest in time to the date on which the 
        person has served in the position for 4 years (as required 
        under section 1734(b) of this title), and the proportion of 
        those reassignments to the total number of reassignments of 
        program managers and deputy program managers, set forth 
        separately for program managers and deputy program managers. 
        The Secretary also shall include the average length of 
        assignment served by program managers and deputy program 
        managers so reassigned.
            ``(5) The number of persons, excluding those reported under 
        paragraph (4), in critical acquisition positions who were 
        reassigned after a period of 3 years or longer (as required 
        under section 1734(a) of this title), and the proportion of 
        those reassignments to the total number of reassignments of 
        persons, excluding those reported under paragraph (4), in 
        critical acquisition positions.
            ``(6) The number of times a waiver authority was exercised 
        under section 1724(d), 1732(d), 1734(d), or 1736(c) of this 
        title or any other provision of this chapter (or other 
        provision of law) which permits the waiver of any requirement 
        relating to the acquisition workforce, and in the case of each 
        such authority, the reasons for exercising the authority. The 
        Secretary may present the information provided under this 
        paragraph by category or grouping of types of waivers and 
        reasons.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 87 of title 10, United 
        States Code, is amended by inserting after the item relating to 
        section 1722a the following new item:

``1722b. Special requirements for civilian employees in the acquisition 
                            field.''.
    (b) Career Education and Training.--Chapter 87 of title 10, United 
States Code, is amended in section 1723 by redesignating subsection (b) 
as subsection (c) and inserting after subsection (a) the following new 
subsection:
    ``(b) Career Path Requirements.--For each career path, the 
Secretary of Defense, acting through the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall establish requirements for 
the completion of course work and related on-the-job training and 
demonstration of qualifications in the critical acquisition-related 
duties and tasks of the career path. The Secretary of Defense, acting 
through the Under Secretary, shall also--
            ``(1) encourage individuals in the acquisition workforce to 
        maintain the currency of their acquisition knowledge and 
        generally enhance their knowledge of related acquisition 
        management disciplines through academic programs and other 
        self-developmental activities; and
            ``(2) develop key work experiences, including the creation 
        of a program sponsored by the Department of Defense that 
        facilitates the periodic interaction between individuals in the 
        acquisition workforce and the end user in such end user's 
        environment to enhance the knowledge base of such workforce, 
        for individuals in the acquisition workforce so that the 
        individuals may gain in-depth knowledge and experience in the 
        acquisition process and become seasoned, well-qualified members 
        of the acquisition workforce.''.

SEC. 205. RECERTIFICATION AND TRAINING REQUIREMENTS.

    (a) Continuing Education.--Section 1723 of title 10, United States 
Code, as amended by section 204, is further amended by amending 
subsection (a) to read as follows:
    ``(a) Qualification Requirements.--(1) The Secretary of Defense 
shall establish education, training and experience requirements for 
each acquisition position, based on the level of complexity of duties 
carried out in the position. In establishing such requirements, the 
Secretary shall ensure the availability and sufficiency of training in 
all areas of acquisition, including additional training courses with an 
emphasis on services contracting, market research strategies (including 
assessments of local contracting capabilities), long-term sustainment 
strategies, information technology, and rapid acquisition.
    ``(2) In establishing such requirements for positions other than 
critical acquisition positions designated pursuant to section 1733 of 
this title, the Secretary may state the requirements by categories of 
positions.
    ``(3) The Secretary of Defense, acting through the Under Secretary 
of Defense for Acquisition, Technology, and Logistics, shall establish 
requirements for continuing education and periodic renewal of an 
individual's certification. Any requirement for a certification renewal 
shall not require a renewal more often than once every 5 years.''.
    (b) Standards for Training.--
            (1) In general.--Subchapter IV of Chapter 87 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1748. Guidance and standards for acquisition workforce training
    ``(a) Fulfillment Standards.--The Secretary of Defense, acting 
through the Under Secretary of Defense for Acquisition, Technology, and 
Logistics, shall develop fulfillment standards, and implement and 
maintain a program, for purposes of the training requirements of 
sections 1723, 1724, and 1735 of this title. Such fulfillment standards 
shall consist of criteria for determining whether an individual has 
demonstrated competence in the areas that would be taught in the 
training courses required under those sections. If an individual meets 
the appropriate fulfillment standard, the applicable training 
requirement is fulfilled.
    ``(b) Guidance and Standards Relating to Contracts for Training.--
The Secretary of Defense shall develop appropriate guidance and 
standards to ensure that the Department of Defense will continue, where 
appropriate and cost-effective, to enter into contracts for the 
training requirements of sections 1723, 1724, and 1735 of this title, 
while maintaining appropriate control over the content and quality of 
such training.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by adding at the end 
        the following new item:

``1748. Guidance and standards for acquisition workforce training.''.
            (3) Deadline for fulfillment standards.--The fulfillment 
        standards required under section 1748(a) of title 10, United 
        States Code, as added by paragraph (1), shall be developed not 
        later than 90 days after the date of the enactment of this Act.
            (4) Conforming repeal.--Section 853 of Public Law 105-85 
        (111 Stat. 1851) is repealed.

SEC. 206. INFORMATION TECHNOLOGY ACQUISITION WORKFORCE.

    (a) In General.--
            (1) Information technology.--Subchapter II of chapter 87 of 
        title 10, United States Code, is amended by adding at the end 
        the following new section:
``Sec. 1725. Information technology acquisition positions
    ``(a) Plan Required.--The Secretary of Defense shall develop and 
carry out a plan to strengthen the part of the acquisition workforce 
that specializes in information technology. The plan shall include the 
following:
            ``(1) Defined targets for billets devoted to information 
        technology acquisition.
            ``(2) Specific certification requirements for individuals 
        in the acquisition workforce who specialize in information 
        technology acquisition.
            ``(3) Defined career paths for individuals in the 
        acquisition workforce who specialize in information technology 
        acquisitions.
    ``(b) Definitions.--In this section:
            ``(1) The term `information technology' has the meaning 
        provided such term in section 11101 of title 40 and includes 
        information technology incorporated into a major weapon system.
            ``(2) The term `major weapon system' has the meaning 
        provided such term in section 2379(f) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by adding at the end 
        the following new item:

``1725. Information technology acquisition positions.''.
    (b) Deadline.--The Secretary of Defense shall develop the plan 
required under section 1725 of title 10, United States Code, as added 
by subsection (a), not later than 180 days after the date of the 
enactment of this Act.

SEC. 207. DEFINITION OF ACQUISITION WORKFORCE.

    Section 101(a) of title 10, United States Code, is amended by 
inserting after paragraph (17) the following new paragraph:
            ``(18) The term `acquisition workforce' means the persons 
        serving in acquisition positions within the Department of 
        Defense, as designated pursuant to section 1721(a) of this 
        title.''.

SEC. 208. DEFENSE ACQUISITION UNIVERSITY CURRICULUM REVIEW.

    (a) Curriculum Review.--Not later than 1 year after the date of the 
enactment of this Act, the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall lead a review of the curriculum offered 
by the Defense Acquisition University to ensure it adequately supports 
the training and education requirements of acquisition professionals, 
particularly in service contracting, long term sustainment strategies, 
information technology, and rapid acquisition. The review shall also 
involve the service acquisition executives of each military department.
    (b) Analysis of Funding Requirements for Training.--Following the 
review conducted under subsection (a), the Secretary of Defense shall 
analyze the most recent future-years defense program to determine the 
amounts of estimated expenditures and proposed appropriations necessary 
to support the training requirements of the amendments made by section 
205 of this Act, including any new training requirements determined 
after the review conducted under subsection (a). The Secretary shall 
identify any additional funding needed for such training requirements 
in the separate chapter on the defense acquisition workforce required 
in the next annual strategic workforce plan under 115b of title 10, 
United States Code.
    (c) Requirement for Ongoing Curriculum Development With Certain 
Schools.--
            (1) Requirement.--Section 1746 of title 10, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(c) Curriculum Development.--The President of the Defense 
Acquisition University shall work with the relevant professional 
schools and degree-granting institutions of the Department of Defense 
and military departments to ensure that best practices are used in 
curriculum development to support acquisition workforce positions.''.
            (2) Amendment to section heading.--(A) The heading of 
        section 1746 of such title is amended to read as follows:
``Sec. 1746. Defense Acquisition University''.
            (B) The item relating to section 1746 in the table of 
        sections at the beginning of subchapter IV of chapter 87 of 
        such title is amended to read as follows:

``1746. Defense Acquisition University.''.

SEC. 209. COST ESTIMATING INTERNSHIP AND SCHOLARSHIP PROGRAMS.

    (a) Purpose.--The purpose of this section is to require the 
Department of Defense to develop internship and scholarship programs in 
cost estimating to underscore the importance of cost estimating, as a 
core acquisition function, to the acquisition process.
    (b) Requirement.--The Secretary of Defense shall develop intern and 
scholarship programs in cost estimating for purposes of improving 
education and training in cost estimating and providing an opportunity 
to meet any certification requirements in cost estimating.
    (c) Implementation.--Such programs shall be established not later 
than 270 days after the date of the enactment of this Act and shall be 
implemented for a 4-year period following establishment of the 
programs.

SEC. 210. PROHIBITION ON PERSONAL SERVICES CONTRACTS FOR SENIOR 
              MENTORS.

    (a) Prohibition.--The Secretary of Defense shall prohibit the award 
of a contract for personal services by any component of the Department 
of Defense for the purpose of obtaining the services of a senior 
mentor.
    (b) Interpretation.--Nothing in this section shall be interpreted 
to prohibit the employment of a senior mentor as a highly qualified 
expert pursuant to section 9903 of title 5, United States Code, subject 
to the pay and term limitations of that section. A senior mentor 
employed as a highly qualified expert shall be required to submit a 
financial disclosure report and comply with all conflict of interest 
laws and regulations applicable to other Federal employees with similar 
conditions of service.
    (c) Definitions.--In this section:
            (1) The term ``contract for personal services'' means a 
        contract awarded under the authority of section 129b(a) of 
        title 10, United States Code, or section 3109 of title 5, 
        United States Code.
            (2) The term ``component of the Department of Defense'' 
        means a military department, a defense agency, a Department of 
        Defense field activity, a unified combatant command, or the 
        joint staff.
            (3) The term ``senior mentor'' means any person--
                    (A)(i) who has served as a general or flag officer 
                in the Armed Forces; or
                    (ii) who has served in a position at a level at or 
                above the level of the senior executive service;
                    (B) has retired within the 10 years preceding the 
                award of a contract; and
                    (C) who serves as a mentor, teacher, trainer, or 
                advisor to government personnel on matters pertaining 
                to the former official duties of such person.

                    TITLE III--FINANCIAL MANAGEMENT

SEC. 301. INCENTIVES FOR ACHIEVING AUDITABILITY.

    (a) Preferential Treatment Authorized.--The Under Secretary of 
Defense (Comptroller) shall ensure that any component of the Department 
of Defense that the Under Secretary determines has financial statements 
validated as ready for audit earlier than September 30, 2017, shall 
receive preferential treatment, as the Under Secretary determines 
appropriate--
            (1) in financial matter matters, including--
                    (A) consistent with the need to fund urgent 
                warfighter requirements and operational needs, priority 
                in the release of appropriated funds to such component;
                    (B) relief from the frequency of financial 
                reporting of such component in cases in which such 
                reporting is not required by law;
                    (C) relief from departmental obligation and 
                expenditure thresholds to the extent that such 
                thresholds establish requirements more restrictive than 
                those required by law; or
                    (D) such other measures as the Under Secretary 
                considers appropriate; and
            (2) in the availability of personnel management incentives, 
        including--
                    (A) the size of the bonus pool available to the 
                financial and business management workforce of the 
                component;
                    (B) the rates of promotion within the financial and 
                business management workforce of the component;
                    (C) awards for excellence in financial and business 
                management; or
                    (D) the scope of work assigned to the financial and 
                business management workforce of the component.
    (b) Inclusion of Information in Report.--The Under Secretary shall 
include information on any measure initiated pursuant to this section 
in the next semiannual report pursuant to section 1003(b) of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2439; 10 U.S.C. 2222 note) after such measure is 
initiated.
    (c) Expiration.--This section shall expire on September 30, 2017.
    (d) Definition.--In this section, the term ``component of the 
Department of Defense'' means any organization within the Department of 
Defense that is required to submit an auditable financial statement to 
the Secretary of Defense.

SEC. 302. MEASURES REQUIRED AFTER FAILURE TO ACHIEVE AUDITABILITY.

    (a) In General.--The Secretary of Defense shall ensure that 
corrective measures are immediately taken to address the failure of a 
component of the Department of Defense to achieve a financial statement 
validated as ready for audit by September 30, 2017.
    (b) Measures Required.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall develop and issue 
guidance detailing measures to be taken in accordance with subsection 
(a). Such measures shall include--
            (1) the development of a remediation plan to ensure the 
        component can achieve a financial statement validated as ready 
        for audit within 1 year;
            (2) additional reporting requirements that may be necessary 
        to mitigate financial risk to the component;
            (3) delaying the release of appropriated funds to such 
        component, consistent with the need to fund urgent warfighter 
        requirements and operational needs, until such time as the 
        Secretary is assured that the component will achieve a 
        financial statement validated as ready for audit within 1 year;
            (4) specific consequences for key personnel in order to 
        ensure accountability within the leadership of the component; 
        and
            (5) such other measures as the Secretary considers 
        appropriate.
    (c) Definition.--The term ``component'' of the Department of 
Defense means any organization within the Department of Defense that is 
required to submit an auditable financial statement to the Secretary of 
Defense.

SEC. 303. REVIEW OF OBLIGATION AND EXPENDITURE THRESHOLDS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) Department of Defense program managers should be 
        encouraged to place a higher priority on seeking the best value 
        for the Government than on meeting arbitrary benchmarks for 
        spending; and
            (2) actions to carry out paragraph (1) should be supported 
        by the Department's leadership at every level.
    (b) Policy Review.--Not later than 180 days after the date of the 
enactment of this Act, the Chief Management Officer of the Department 
of Defense, in coordination with the Chief Management Officer of each 
military department, shall review and update as necessary all relevant 
policy and instruction regarding obligation and expenditure benchmarks 
to ensure that such guidance does not inadvertently prevent achieving 
the best value for the Government in the obligation and expenditure of 
funds.
    (c) Process Review.--Not later than 1 year after the date of the 
enactment of this Act, the Chief Management Officer, in coordination 
with the Chief Management Officer of each military department, the 
Director of the Office of Performance Assessment and Root Cause 
Analysis, the Under Secretary of Defense (Comptroller), and the 
Comptrollers of the military departments, shall conduct a comprehensive 
review of the use and value of obligation and expenditure benchmarks 
and propose new benchmarks or processes for tracking financial 
performance, including, as appropriate--
            (1) increased reliance on individual obligation and 
        expenditure plans for measuring program financial performance;
            (2) mechanisms to improve funding stability and to increase 
        the predictability of the release of funding for obligation and 
        expenditure; and
            (3) streamlined mechanisms for a program manager to submit 
        an appeal for funding changes and to have such appeal evaluated 
        promptly.
    (d) Training.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics and the Under Secretary of Defense 
(Comptroller) shall ensure that as part of the training required for 
program managers and business managers, an emphasis is placed on 
obligating and expending appropriated funds in a manner that achieves 
the best value for the Government and that the purpose and limitations 
of obligation and expenditure benchmarks are made clear.

SEC. 304. DISCLOSURE AND TRACEABILITY OF THE COST OF DEPARTMENT OF 
              DEFENSE HEALTH CARE CONTRACTS.

    (a) Disclosure Requirement.--The Secretary of Defense shall 
require--
            (1) an offeror that submits a bid or proposal in response 
        to an invitation for bids or a request for proposals issued by 
        a component of the Department of Defense for a health care 
        contract to submit with the bid or proposal a disclosure of the 
        additional cost, if any, contained in such bid or proposal 
        associated with compliance with the Patient Protection and 
        Affordable Care Act (Public Law 111-148) and the Health Care 
        and Education Reconciliation Act of 2010 (Public Law 111-152); 
        and
            (2) a contractor for a health care contract awarded 
        following the date of the enactment of this Act to disclose on 
        an annual basis the additional cost, if any, incurred for such 
        contract associated with compliance with the Patient Protection 
        and Affordable Care Act (Public Law 111-148) and the Health 
        Care and Education Reconciliation Act of 2010 (Public Law 111-
        152).
    (b) Report.--
            (1) Requirement.--Not later than April 1, 2011, and each 
        April 1st thereafter until April 1, 2016, the Secretary of 
        Defense shall submit to the Committee on Armed Services of the 
        Senate and the Committee on Armed Services of the House of 
        Representatives a detailed report on the additional cost to the 
        Department of Defense associated with compliance with the 
        Patient Protection and Affordable Care Act (Public Law 111-148) 
        and the Health Care and Education Reconciliation Act of 2010 
        (Public Law 111-152).
            (2) Matters covered.--The report required by paragraph (1) 
        shall include--
                    (A) the projected costs of compliance for all 
                health care contracts awarded during the preceding 
                year, as disclosed in a bid or proposal in accordance 
                with subsection (a)(1);
                    (B) for all other health care contracts, the 
                incurred cost of compliance for the preceding year, as 
                disclosed in accordance with subsection (a)(2); and
                    (C) any additional costs to the Department of 
                Defense necessary to comply with such Acts.
    (c) Health Care Contract Defined.--In this section, the term 
``health care contract'' means a contract in an amount greater than the 
simplified acquisition threshold for the acquisition of any of the 
following:
            (1) Medical supplies.
            (2) Health care services and administration, including the 
        services of medical personnel.
            (3) Durable medical equipment.
            (4) Pharmaceuticals.
            (5) Health care-related information technology.

                       TITLE IV--INDUSTRIAL BASE

SEC. 401. EXPANSION OF THE INDUSTRIAL BASE.

    (a) Program to Expand Industrial Base Required.--The Secretary of 
Defense shall establish a program to expand the industrial base of the 
Department of Defense to increase the Department's access to innovation 
and the benefits of competition. The program shall be limited to firms 
within the national technology and industrial base (as defined in 
section 2500(1) of title 10, United States Code).
    (b) Identifying and Communicating With Nontraditional Suppliers.--
The program established under subsection (a) shall use tools and 
resources available within the Federal Government and available from 
the private sector, to provide a capability for identifying and 
communicating with nontraditional suppliers, including commercial firms 
and firms of all business sizes, that are engaged in markets of 
importance to the Department of Defense.
    (c) Outreach to Local Firms Near Defense Installations.--The 
program established under subsection (a) shall include outreach, using 
procurement technical assistance centers, to notify firms of all 
business sizes in the vicinity of Department of Defense installations 
of opportunities to obtain contracts and subcontracts to perform work 
at such installations.
    (d) Industrial Base Review.--The program required by subsection (a) 
shall include a continuous effort to review the industrial base 
supporting the Department of Defense, including the identification of 
markets of importance to the Department of Defense.
    (e) Definition.--In this section:
            (1) Nontraditional suppliers.--The term ``nontraditional 
        suppliers'' means firms that have received contracts from the 
        Department of Defense with a total value of not more than 
        $100,000 in the previous 5 years.
            (2) Markets of importance to the department of defense.--
        The term ``markets of importance to the Department of Defense'' 
        means industrial sectors in which the Department of Defense 
        spends more than $500,000,000 annually.
            (3) Procurement technical assistance center.--The term 
        ``procurement technical assistance center'' means a center 
        operating under a cooperative agreement with the Defense 
        Logistics Agency to provide procurement technical assistance 
        pursuant to the authority provided in chapter 142 of title 10, 
        United States Code.

SEC. 402. COMMERCIAL PRICING ANALYSIS.

    Section 803(c) of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105-261; 10 U.S.C. 2306a note) is 
amended to read as follows:
    ``(c) Commercial Price Trend Analysis.--
            ``(1) The Secretary of Defense shall develop and implement 
        procedures that, to the maximum extent practicable, provide for 
        the collection and analysis of information on price trends for 
        categories of exempt commercial items described in paragraph 
        (2).
            ``(2) A category of exempt commercial items referred to in 
        paragraph (1) consists of exempt commercial items that are in a 
        single Federal Supply Group or Federal Supply Class, are 
        provided by a single contractor, or are otherwise logically 
        grouped for the purpose of analyzing information on price 
        trends.
            ``(3) The analysis of information on price trends under 
        paragraph (1) shall include, in any category in which 
        significant escalation in prices is identified, a more detailed 
        examination of the causes of escalation for such prices within 
        the category and whether such price escalation is consistent 
        across the Department of Defense.
            ``(4) The head of a Department of Defense agency or the 
        Secretary of a military department shall take appropriate 
        action to address any unjustified escalation in prices being 
        paid for items procured by that agency or military department 
        as identified in an analysis conducted pursuant to paragraph 
        (1).
            ``(5) Not later than April 1 of each of year, the Secretary 
        of Defense shall submit to the Committee on Armed Services of 
        the Senate and the Committee on Armed Services of the House of 
        Representatives a report on the analyses of price trends that 
        were conducted for categories of exempt commercial items during 
        the preceding fiscal year under the procedures prescribed 
        pursuant to paragraph (1). The report shall include a 
        description of the actions taken to identify and address any 
        unjustified price escalation for the categories of items.
            ``(6) This subsection shall not be in effect on and after 
        April 1, 2013.''.

SEC. 403. CONTRACTOR AND GRANTEE DISCLOSURE OF DELINQUENT FEDERAL TAX 
              DEBTS.

    (a) Requirement.--
            (1) In general.--Chapter 37 of title 31, United States 
        Code, is amended by adding at the end of subchapter II the 
        following new section:
``Sec. 3720F. Contractor and grantee disclosure of delinquent Federal 
              tax debts
    ``(a) Requirement Relating to Contracts.--The head of any executive 
agency that issues an invitation for bids or a request for proposals 
for a contract in an amount greater than the simplified acquisition 
threshold shall require each person that submits a bid or proposal to 
submit with the bid or proposal a form--
            ``(1) certifying that the person does not have a seriously 
        delinquent tax debt; and
            ``(2) authorizing the Secretary of the Treasury to disclose 
        to the head of the agency information strictly limited to 
        verifying whether the person has a seriously delinquent tax 
        debt.
    ``(b) Requirement Relating to Grants.--The head of any executive 
agency that offers a grant in excess of an amount equal to the 
simplified acquisition threshold may not award such grant to any person 
unless such person submits with the application for such grant a form--
            ``(1) certifying that the person does not have a seriously 
        delinquent tax debt; and
            ``(2) authorizing the Secretary of the Treasury to disclose 
        to the head of the executive agency information strictly 
        limited to verifying whether the person has a seriously 
        delinquent tax debt.
    ``(c) Form for Release of Information.--The Secretary of the 
Treasury shall make available to all executive agencies a standard form 
for the certification and authorization described in subsections (a) 
and (b).
    ``(d) Definitions.--In this section:
            ``(1) Contract.--The term `contract' means a binding 
        agreement entered into by an executive agency for the purpose 
        of obtaining property or services, but does not include--
                    ``(A) a contract for property or services that is 
                intended to be entered into through the use of 
                procedures other than competitive procedures by reason 
                of section 2304(c)(2) of this title; or
                    ``(B) a contract designated by the head of the 
                agency as necessary to the national security of the 
                United States.
            ``(2) Executive agency.--The term `executive agency' has 
        the meaning given that term in section 4(1) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403(1)).
            ``(3) Person.--The term `person' includes--
                    ``(A) an individual;
                    ``(B) a partnership; and
                    ``(C) a corporation.
            ``(4) Seriously delinquent tax debt.--The term `seriously 
        delinquent tax debt'--
                    ``(A) means any Federal tax liability--
                            ``(i) that exceeds $3,000;
                            ``(ii) that has been assessed by the 
                        Secretary of the Treasury and not paid; and
                            ``(iii) for which a notice of lien has been 
                        filed in public records; and
                    ``(B) does not include any Federal tax liability--
                            ``(i) being paid in a timely manner under 
                        an offer-in-compromise or installment 
                        agreement;
                            ``(ii) with respect to which collection due 
                        process proceedings are not completed; or
                            ``(iii) with respect to which collection 
                        due process proceedings are completed and no 
                        further payment is required.
            ``(5) Simplified acquisition threshold.--The term 
        `simplified acquisition threshold' has the meaning given that 
        term in section 4(11) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403(11)).
    ``(e) Regulations.--The Administrator for Federal Procurement 
Policy, in consultation with the Secretary of the Treasury, shall 
promulgate regulations that--
            ``(1) treat corporations and partnerships as having a 
        seriously delinquent tax debt if such corporation or 
        partnership is controlled (directly or indirectly) by persons 
        who have a seriously delinquent tax debt;
            ``(2) provide for the proper application of subsections 
        (a)(2) and (b)(2) in the case of corporations and partnerships; 
        and
            ``(3) provide for the proper application of subsection (a) 
        to first-tier subcontractors that are identified in a bid or 
        proposal and are a significant part of a bid or proposal 
        team.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 37 of such title is amended by adding 
        after the item relating to section 3720E the following new 
        item:

``3720F. Contractor and grantee disclosure of delinquent Federal tax 
                            debts.''.
    (b) Revision of Federal Acquisition Regulation.--Not later than 90 
days after the final promulgation of regulations under section 3720F(e) 
of title 31, United States Code, as added by subsection (a), the 
Federal Acquisition Regulation shall be revised to incorporate the 
requirements of section 3720F of such title.

SEC. 404. INDEPENDENCE OF CONTRACT AUDITS AND BUSINESS SYSTEM REVIEWS.

    (a) Defense Contract Audit Agency General Counsel.--
            (1) In general.--Subchapter II of chapter 8 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 204. Defense Contract Audit Agency general counsel
    ``(a) General Counsel.--The Director of the Defense Contract Audit 
Agency shall appoint a General Counsel of the Defense Contract Audit 
Agency.
    ``(b) Duties.--(1) The General Counsel shall perform such functions 
as the Director may prescribe and shall serve at the discretion of the 
Director.
    ``(2) Notwithstanding section 140(b) of this title, the General 
Counsel shall be the chief legal officer of the Defense Contract Audit 
Agency.
    ``(3) The Defense Contract Audit Agency shall be the exclusive 
legal client of the General Counsel.
    ``(c) Office of the General Counsel.--There is established an 
Office of the General Counsel within the Defense Contract Audit Agency. 
The Director may appoint to the Office to serve as staff of the General 
Counsel such legal counsel as the Director determines is 
appropriate.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 8 of such title is 
        amended by adding at the end the following new item:

``204. Defense Contract Audit Agency general counsel.''.
    (b) Criteria for Business System Reviews.--
            (1) In general.--Chapter 131 of title 10, United States 
        Code, is amended by inserting after section 2222 the following 
        new section:
``Sec. 2222a. Criteria for business system reviews
    ``(a) Criteria for Business System Reviews.--The Secretary of 
Defense shall ensure that any contractor business system review carried 
out by a military department, a Defense Agency, or a Department of 
Defense Field Activity--
            ``(1) complies with generally accepted government auditing 
        standards issued by the Comptroller General;
            ``(2) is performed by an audit team that does not engage in 
        any other official activity (audit-related or otherwise) 
        involving the contractor concerned;
            ``(3) is performed in a time and manner consistent with a 
        documented assessment of risk to the Federal Government; and
            ``(4) involves testing on a representative sample of 
        transactions sufficient to fully examine the integrity of the 
        contractor business system concerned.
    ``(b) Contractor Business System Review Defined.--In this section, 
the term `contractor business system review' means an audit of 
policies, procedures, and internal controls relating to accounting and 
management systems of a contractor.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 131 of such title is amended by inserting 
        after the item relating to section 2222 the following new item:

``2222a. Criteria for business system reviews.''.
    (c) Contract Audit Guidance.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall issue 
guidance relating to contract audits carried out by a military 
department, a defense agency, or a Department of Defense field activity 
that are not contractor business system reviews, as described under 
section 2222a of title 10, United States Code, that--
            (1) requires that such audits comply with generally 
        accepted government auditing standards issued by the 
        Comptroller General and are performed in a time and manner 
        consistent with a documented assessment of risk to the Federal 
        Government;
            (2) establishes guidelines for discussions of the scope of 
        the audit with the contractor concerned that ensure that such 
        scope is not improperly influenced by the contractor;
            (3) provides for withholding of contract payments when 
        necessary to compel the submission of documentation from the 
        contractor; and
            (4) requires that the results of contract audits performed 
        on behalf of an agency of the Department of Defense be shared 
        with other Federal agencies upon request, without 
        reimbursement.
    (d) Effective Dates.--
            (1) Section 204.--Section 204 of title 10, United States 
        Code, as added by subsection (a), shall take effect on the date 
        of the enactment of this Act.
            (2) Section 2222a.--Section 2222a of title 10, United 
        States Code, as added by subsection (b), shall take effect 180 
        days after the date of the enactment of this Act.

SEC. 405. BLUE RIBBON PANEL ON ELIMINATING BARRIERS TO CONTRACTING WITH 
              THE DEPARTMENT OF DEFENSE.

    (a) Requirement to Establish.--The Secretary of Defense shall 
establish a panel consisting of owners of large and small businesses 
that are not traditional defense suppliers, for purposes of creating a 
set of recommendations on eliminating barriers to contracting with the 
Department of Defense and its defense supply centers.
    (b) Members.--The panel shall consist of nine members, of whom--
            (1) three shall be appointed by the Secretary of the Army;
            (2) three shall be appointed by the Secretary of the Navy; 
        and
            (3) three shall be appointed by the Secretary of the Air 
        Force.
    (c) Appointment Deadline.--Members shall be appointed to the panel 
not later than 180 days after the date of the enactment of this Act.
    (d) Duties.--The panel shall be responsible for developing a set of 
recommendations on eliminating barriers to contracting with the 
Department of Defense and its defense supply centers.
    (e) Report.--Not later than 1 year after the date of the enactment 
of this Act, the panel shall submit to Congress a report containing its 
recommendations.

SEC. 406. INCLUSION OF THE PROVIDERS OF SERVICES AND INFORMATION 
              TECHNOLOGY IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL 
              BASE.

    (a) Revised Definitions.--Section 2500 of title 10, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``or maintenance'' and 
        inserting ``integration, services, or information technology'';
            (2) in paragraph (4), by striking ``or production'' and 
        inserting ``production, integration, services, or information 
        technology'';
            (3) in paragraph (9)(A), by striking ``and manufacturing'' 
        and inserting ``manufacturing, integration, services, and 
        information technology''; and
            (4) by adding at the end the following new paragraph:
            ``(15) The term `integration' means the process of 
        providing systems engineering and technical direction for a 
        system for the purpose of achieving capabilities that satisfy 
        program requirements.''.
    (b) Revised Objectives.--Section 2501(a) of such title is amended--
            (1) in paragraph (1), by striking ``Supplying and 
        equipping'' and inserting ``Supplying, equipping, and 
        supporting'';
            (2) in paragraph (2), by striking ``and logistics for'' and 
        inserting ``logistics, and other activities in support of'';
            (3) in paragraph (4), by striking ``and produce'' and 
        inserting ``, produce, and support''; and
            (4) by redesignating paragraph (6) as paragraph (8) and 
        inserting after paragraph (5) the following new paragraphs:
            ``(6) Providing for the generation of services capabilities 
        that are not core functions of the armed forces and that are 
        critical to military operations within the national technology 
        and industrial base.
            ``(7) Providing for the development, production, and 
        integration of information technology within the national 
        technology and industrial base.''.
    (c) Revised Assessments.--Section 2505(b)(4) of such title is 
amended by inserting after ``of this title)'' the following ``or major 
automated information systems (as defined in section 2445a of this 
title)''.
    (d) Revised Policy Guidance.--Section 2506(a) of such title is 
amended by striking ``budget allocation, weapons'' and inserting 
``strategy, management, budget allocation,''.

SEC. 407. CONSTRUCTION OF ACT ON COMPETITION REQUIREMENTS FOR THE 
              ACQUISITION OF SERVICES.

     Nothing in this Act or the amendments made by this Act shall be 
construed to affect the competition requirements of section 2304 of 
title 10, United States Code, with respect to the acquisition of 
services.

SEC. 408. ACQUISITION SAVINGS PROGRAM.

    (a) Program Required.--
            (1) In general.--The Secretary of Defense, acting through 
        the Under Secretary of Defense for Acquisition, Technology, and 
        Logistics, shall carry out a program to provide opportunities 
        to provide cost-savings on nondevelopmental items.
            (2) Savings.--The program, to be known as the Acquisition 
        Savings Program, shall provide any person or activity within or 
        outside the Department of Defense with the opportunity to offer 
        a proposal to provide savings in excess of 15 percent, to be 
        known as an acquisition savings proposal, for covered 
        contracts.
            (3) Sunset.--The program shall cease to be required on 
        September 30, 2013.
    (b) Qualifying Acquisition Savings Proposals.--A proposal shall 
qualify as an acquisition savings proposal for purposes of this section 
if it offers to supply a nondevelopmental item that is identical to, or 
equivalent to (under a performance specification or relevant commercial 
standard), an item being procured under a covered contract.
    (c) Review by Contracting Officer.--Each acquisition savings 
proposal shall be reviewed by the contracting officer for the covered 
contract concerned to determine if such proposal qualifies under this 
section and to calculate the savings provided by such proposal.
    (d) Actions Upon Favorable Review.--If the contracting officer for 
a covered contract determines after review of an acquisition savings 
proposal that the proposal would provide an identical or equivalent 
nondevelopmental item at a savings in excess of 15 percent, and that a 
contract award to the offeror of the proposal would not result in the 
violation of a minimum purchase agreement or otherwise cause a breach 
of contract for the covered contract, the contracting officer may make 
an award under the covered contract to the offeror of the acquisition 
savings proposal or otherwise award a contract for the nondevelopmental 
item concerned to such offeror.
    (e) Actions Upon Unfavorable Review.--If a contracting officer 
determines after review of an acquisition savings proposal that the 
proposal would not satisfy the requirements of this section, the 
contracting officer shall debrief the person or activity offering such 
proposal within 30 days after completion of the review.
    (f) Report.--Not later than March 1, 2013, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and 
House of Representatives a report regarding the program, including the 
number of acquisition savings proposals submitted, the number favorably 
reviewed, the cumulative savings, and any further recommendations for 
the program.
    (g) Definitions.--In this section:
            (1) Nondevelopmental item.--The term ``nondevelopmental 
        item'' has the meaning provided for such term in section 4 of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 403).
            (2) Covered contract.--The term ``covered contract''--
                    (A) means an indefinite delivery indefinite 
                quantity contract for property as defined in section 
                2304d(2) of title 10, United States Code; and
                    (B) does not include any contract awarded under an 
                exception to competitive acquisition authorized by the 
                Small Business Act (15 U.S.C. 631 et seq.)
            (3) Performance specification.--The term ``performance 
        specification'' means a specification of required item 
        functional characteristics.
            (4) Commercial standard.--The term ``commercial standard'' 
        means a standard used in industry promulgated by an accredited 
        standards organizations that is not a Federal entity.

SEC. 409. SENSE OF CONGRESS REGARDING COMPLIANCE WITH THE BERRY 
              AMENDMENT, THE BUY AMERICAN ACT, AND LABOR STANDARDS OF 
              THE UNITED STATES.

    In order to create jobs, level the playing field for domestic 
manufacturers, and strengthen economic recovery, it is the sense of 
Congress that the Department of Defense should--
            (1) ensure full contractor and subcontractor compliance 
        with the Berry Amendment (10 U.S.C. 2533a) and the Buy American 
        Act (41 U.S.C. 10a et seq.); and
            (2) not procure products made by manufacturers in the 
        United States that violate labor standards as defined under the 
        laws of the United States.

SEC. 410. INDUSTRIAL BASE COUNCIL AND FUND.

    (a) Industrial Base Council.--
            (1) In general.--Chapter 7 of title 10, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 188. Industrial Base Council
    ``(a) Council Established.--There is in the Department of Defense 
an Industrial Base Council.
    ``(b) Mission.--The mission of the Industrial Base Council is to 
assist the Secretary in all matters pertaining to the industrial base 
of the Department of Defense, including matters pertaining to the 
national defense technology and industrial base included in chapter 148 
of this title.
    ``(c) Membership.--The following officials of the Department of 
Defense shall be members of the Council:
            ``(1) The Chairman of the Council, who shall be the Under 
        Secretary of Defense for Acquisition, Technology, and 
        Logistics, the functions of which may be delegated by the Under 
        Secretary only to the Principal Deputy Under Secretary of 
        Defense for Acquisition, Technology, and Logistics.
            ``(2) The Executive Director of the Council, who shall be 
        an official from within the Office of the Under Secretary 
        responsible for industrial base matters and who shall report 
        directly to the Under Secretary or the Principal Deputy Under 
        Secretary.
            ``(3) Officials from within the Office of the Secretary of 
        Defense, as designated by the Secretary, with direct 
        responsibility for matters pertaining to following areas:
                    ``(A) Manufacturing.
                    ``(B) Research and development.
                    ``(C) Systems engineering and system integration.
                    ``(D) Services.
                    ``(E) Information Technology.
                    ``(F) Sustainment and logistics.
            ``(4) The Director of the Defense Logistics Agency.
            ``(5) Officials from the military departments, as 
        designated by the Secretary of each military department, with 
        responsibility for industrial base matters relevant to the 
        military department concerned.
    ``(d) Duties.--The Council shall assist the Secretary in the 
following:
            ``(1) Providing input on industrial base matters to 
        strategy reviews, including quadrennial defense reviews 
        performed pursuant to section 118 of this title.
            ``(2) Managing the industrial base.
            ``(3) Providing recommendations to the Secretary on budget 
        matters pertaining to the industrial base.
            ``(4) Providing recommendations to the Secretary on supply 
        chain management and supply chain vulnerability.
            ``(5) Providing input on industrial base matters to defense 
        acquisition policy guidance.
            ``(6) Issuing and revising the Department of Defense 
        technology and industrial base guidance required by section 
        2506 of this title.
            ``(7) Such other duties as are assigned by the Secretary.
    ``(e) Reporting of Activities.--The Secretary shall include a 
section describing the activities of the Council in the annual report 
to Congress required by section 2505 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``188. Industrial Base Council.''.
    (b) Industrial Base Fund.--
            (1) In general.--Chapter 148 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2508. Industrial Base Fund
    ``(a) Establishment.--The Secretary of Defense shall establish an 
Industrial Base Fund (in this section referred to as the `Fund').
    ``(b) Control of Fund.--The Fund shall be under the control of the 
Industrial Base Council established pursuant to section 188 of this 
title.
    ``(c) Amounts in Fund.--The Fund shall consist of amounts 
appropriated or otherwise made available to the Fund.
    ``(d) Use of Fund.--Subject to subsection (e), the Fund shall be 
used--
            ``(1) to support the monitoring and assessment of the 
        industrial base required by this chapter;
            ``(2) to address critical issues in the industrial base 
        relating to urgent operation needs;
            ``(3) to support efforts to expand the industrial base; and
            ``(4) to address supply chain vulnerabilities.
    ``(e) Use of Fund Subject to Appropriations.--The authority of the 
Secretary of Defense to use the Fund under this section in any fiscal 
year is subject to the availability of appropriations for that purpose.
    ``(f) Expenditures.--The Secretary shall establish procedures for 
expending monies in the Fund in support of the uses identified in 
subsection (d), including the following:
            ``(1) Direct obligations from the Fund.
            ``(2) Transfers of monies from the Fund to relevant 
        appropriations of the Department of Defense.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2508. Industrial Base Fund.''.

                         TITLE V--OTHER MATTERS

SEC. 501. CLOTHING ALLOWANCE REQUIREMENT.

    The Comptroller General shall conduct a study of the items 
purchased under section 418 of title 37, United States Code, to 
determine if there is sufficient domestic production of such items to 
adequately supply members of the Armed Forces and shall transmit the 
results of such study to the Secretary of Defense. Not later than 6 
months after receiving the results of such study, the Secretary of 
Defense shall transmit to the Committees on Armed Services of the 
Senate and the House of Representatives an evaluation on whether such 
items under the study should be considered subject to section 2533a of 
title 10, United States Code (popularly known as the ``Berry 
Amendment'').

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.

    (a) Requirement.--Subparagraph (A) of section 2305(a)(3) of title 
10, United States Code, is amended by striking ``proposals; and'' at 
the end of clause (ii) and all that follows through the end of the 
subparagraph and inserting the following: ``proposals and that must be 
assigned importance at least equal to all evaluation factors other than 
cost or price when combined.''.
    (b) Waiver.--Section 2305(a)(3) of such title is further amended by 
striking subparagraph (B) and inserting the following:
    ``(B) The requirement of subparagraph (A)(ii) relating to assigning 
at least equal importance to evaluation factors of cost or price may be 
waived by the head of the agency. The authority to issue a waiver under 
this subparagraph may not be delegated.''.
    (c) Report.--Section 2305(a)(3) of such title is further amended by 
adding at the end the following new subparagraph:
    ``(C) Not later than 180 days after the end of each fiscal year, 
the Secretary of Defense shall submit to Congress, and post on a 
publicly available website of the Department of Defense, a report 
containing a list of each waiver issued by the head of an agency under 
subparagraph (B) during the preceding fiscal year.''.

            Passed the House of Representatives May 28, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 423

111th CONGRESS

  2d Session

                               H. R. 5136

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              June 9, 2010

            Received; read twice and placed on the calendar
```