IB 

Union Calendar No. 279 

111TH CONGRESS 

2D SESSION H. R. 5136 

[Report No. 111–491] 

To authorize appropriations for fiscal year 2011 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2010 

Mr. SKELTON (for himself and Mr. MCKEON) (both by request) introduced 

the following bill; which was referred to the Committee on Armed Services 

MAY 21, 2010 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 26, 2010] 


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A BILL 

To authorize appropriations for fiscal year 2011 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for such fiscal year, and 

for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

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

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

7 CONTENTS. 

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

10 (1) Division A—Department of Defense Author11 izations. 

12 (2) Division B—Military Construction Author13 izations. 

14 (3) Division C—Department of Energy National 

15 Security Authorizations and Other Authorizations. 

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

17 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. 


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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. 

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. 


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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. 

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 fuelsaving technologies for incorporation into tactical motor vehicles. 

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. 

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. 

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. 


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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. 

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. 


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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. 

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 

email 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. 

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. 


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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. 

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. 


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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. 

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. 

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. 


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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. 

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. 

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. 


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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. 

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. 

Subtitle B—Health Care Administration 

Sec. 711. Administration of TRICARE. 

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

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

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

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

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

individuals. 

Sec. 717. Limitation on transfer of funds to Department of Defense-Department 

of Veterans Affairs medical facility demonstration project. 

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

Subtitle C—Other Matters 

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

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

health care system. 

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. 

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. 


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

major defense acquisition programs under various acquisitionrelated 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. 

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. 


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Subtitle B—Space Activities 

Sec. 911. Integrated space architectures. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. 5-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. 

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. 

Subtitle D—Counterterrorism 

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

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

Bay, Cuba. 


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

countries and other foreign entities. 

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

United States to house detainees transferred from United States 

Naval Station, Guantanamo Bay, Cuba. 

Sec. 1035. Comprehensive review of force protection policies. 

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. 

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. 

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

Sec. 1057. Budgeting for the sustainment and modernization of nuclear delivery 

systems. 

Sec. 1058. Limitation on nuclear force reductions. 

Sec. 1059. Sense of Congress on the Nuclear Posture Review. 

Sec. 1060. Strategic assessment of strategic challenges posed by potential competitors. 

Sec. 1061. Electronic access to certain classified information. 

Sec. 1062. Justice for victims of torture and terrorism. 

Sec. 1063. Policy regarding appropriate use of Department of Defense resources. 

Sec. 1064. Executive agent for preventing the introduction of counterfeit microelectronics into the defense supply chain. 

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. 


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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. 

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. 

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. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

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


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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. 


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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. 

Subtitle D—Other Matters 

Sec. 1661. Recruiter selection and oversight. 


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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. 

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. 


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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. 


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Subtitle B—Real Property and Facilities Administration 

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

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

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

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

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. 


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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 National Security Agency 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. 

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. 


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TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

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

merchant marine for fiscal year 2011. 

Sec. 3502. Extension of Maritime Security Fleet program. 

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

the Northern Mariana Islands. 

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

Program. 

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

applications. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

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

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

7 Any law or regulation applicable to Operation Iraqi 

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

9 extent to the successor contingency operation known as Op10 eration New Dawn, except as specifically provided in this 

11 Act, any amendment made by this Act, or any other law 

12 enacted after the date of the enactment of this Act. 


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1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. ARMY. 

7 Funds are hereby authorized to be appropriated for fis8 cal year 2011 for procurement for the Army as follows: 

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

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

11 (3) For weapons and tracked combat vehicles, 

12 $1,616,245,000. 

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

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

15 SEC. 102. NAVY AND MARINE CORPS. 

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 2011 for procurement for the Navy 

18 as follows: 

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

20 (2) For weapons, including missiles and tor21 pedoes, $3,350,894,000. 

22 (3) For shipbuilding and conversion, 

23 $15,724,520,000. 

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


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

2 be appropriated for fiscal year 2011 for procurement for 

3 the Marine Corps in the amount of $1,379,044,000. 

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

5 are hereby authorized to be appropriated for fiscal year 

6 2011 for procurement of ammunition for the Navy and the 

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

8 SEC. 103. AIR FORCE. 

9 Funds are hereby authorized to be appropriated for fis10 cal year 2011 for procurement for the Air Force as follows: 

11 (1) For aircraft, $15,355,908,000. 

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

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

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

15 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

16 Funds are hereby authorized to be appropriated for fis17 cal year 2011 for Defense-wide procurement in the amount 

18 of $4,399,768,000. 

19 Subtitle B—Army Programs 

20 SEC. 111. PROCUREMENT OF EARLY INFANTRY BRIGADE 

21 COMBAT TEAM INCREMENT ONE EQUIPMENT. 

22 (a) LIMITATION ON PRODUCTION QUANTITIES.—Ex23 cept as provided in subsection (c), the Secretary of Defense 

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1 try brigade combat team increment one equipment (in this 

2 section referred to as a ‘‘brigade set’’). 

3 (b) APPLICABILITY TO LONG-LEAD PRODUCTION

4 ITEMS.—The limitation in subsection (a) includes procure5 ment of a long-lead item for an element of a brigade set 

6 beyond the two brigade sets authorized under such sub7 section. 

8 (c) WAIVER.—The Under Secretary of Defense for Ac9 quisition, Technology, and Logistics may waive the limita10 tion in subsection (a) if— 

11 (1) the Under Secretary submits to Congress 

12 written certification that— 

13 (A) the initial operational test and evalua14 tion of the brigade set has been completed; 

15 (B) the Director of Operational Test and 

16 Evaluation has submitted to Congress a report 

17 describing the results of the initial operational 

18 test and evaluation (as described in section 

19 2399(b) of title 10, United States Code) and the 

20 comparative test of the brigade set; 

21 (C) all of the subsystems tested in the ini22 tial operational test and evaluation were tested 

23 in the intended production configuration; and 

24 (D) all radios planned for fielding with the 

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1 tional Security Agency approvals, as determined 

2 by the Under Secretary; and 

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

4 on which the certification under paragraph (1) is re5 ceived. 

6 (d) EXCEPTION FOR MEETING OPERATIONAL NEED

7 STATEMENT REQUIREMENTS.—The limitation in sub8 section (a) does not apply to the procurement of individual 

9 components of the brigade set if the procurement of such 

10 components is specifically intended to address an oper11 ational need statement requirement (as described in Army 

12 Regulation 71-9 or a successor regulation). 

13 SEC. 112. REPORT ON ARMY BATTLEFIELD NETWORK PLANS 

14 AND PROGRAMS. 

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

16 2011, the Secretary of the Army shall submit to the congres17 sional defense committees a report on plans for fielding tac18 tical communications network equipment. Such report shall 

19 include— 

20 (1) an explanation of the current communica21 tions architecture of every level of the Army; 

22 (2) an explanation of the future communications 

23 architecture of every level of the Army; 

24 (3) the quantities and types of new equipment 

25 that the Secretary plans to procure in the five-year 


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1 period following the date on which the report is sub2 mitted in order to develop the architecture described 

3 in paragraph (2); and 

4 (4) a list of the equipment described in para5 graph (3) that is included in the budget of the Presi6 dent for fiscal year 2012 (as submitted to Congress 

7 pursuant to section 1105 of title 31, United States 

8 Code). 

9 (b) LIMITATION ON OBLIGATION OF FUNDS.—Except 

10 as provided in subsection (c), of the funds authorized to be 

11 appropriated by this or any other Act for fiscal year 2011 

12 for procurement, Army, for tactical radios or tactical com13 munications network equipment, not more than 50 percent 

14 may be obligated or expended until the date that is 15 days 

15 after the date on which the report is submitted under sub16 section (a). 

17 (c) EXCEPTION FOR MEETING OPERATIONAL NEED

18 STATEMENT REQUIREMENTS.—The limitation in sub19 section (b) does not apply to the procurement of tactical 

20 radio or tactical communications network equipment if the 

21 procurement of such equipment is specifically intended to 

22 address an operational need statement requirement (as de23 scribed in Army Regulation 71–9 or a successor regulation). 

24 (d) TACTICAL COMMUNICATIONS NETWORK EQUIP25 MENT DEFINED.—In this section, the term ‘‘tactical comVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 munications network equipment’’ means all electronic com2 munications systems operated by a tactical unit (of brigade 

3 size or smaller) of the Army. 

4 Subtitle C—Navy Programs 

5 SEC. 121. INCREMENTAL FUNDING FOR PROCUREMENT OF 

6 LARGE NAVAL VESSELS. 

7 (a) INCREMENTAL FUNDING OF LARGE NAVAL VES8 SELS.—Except as provided in subsection (b), the Secretary 

9 of the Navy may use incremental funding for the procure10 ment of a large naval vessel over a period not to exceed 

11 the number of years equal to three-fourths of the total period 

12 of planned ship construction of such vessel. 

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

14 LPD 26, the Secretary may use incremental funding for 

15 the procurement of such vessel through fiscal year 2012 if 

16 the Secretary determines that such incremental funding— 

17 (1) is in the best interest of the overall ship18 building efforts of the Navy; 

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

20 ability to facilitate changes to the shipbuilding indus21 trial base of the Navy; and 

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

23 award a contract for construction of the vessel that 

24 provides the best value to the United States. 


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1 (c) CONDITION FOR OUT-YEAR CONTRACT PAY2 MENTS.—A contract entered into under subsection (a) or 

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

4 to make a payment under the contract for a fiscal year after 

5 the fiscal year the vessel was authorized is subject to the 

6 availability of appropriations for that purpose for that 

7 later fiscal year. 

8 (d) DEFINITIONS.—In this section: 

9 (1) The term ‘‘large naval vessel’’ means a ves10 sel— 

11 (A) that is— 

12 (i) an aircraft carrier designated a 

13 CVN; 

14 (ii) an amphibious assault ship des15 ignated LPD, LHA, LHD, or LSD; or 

16 (iii) an auxiliary vessel; and 

17 (B) that has a light ship displacement of 

18 17,000 tons or more. 

19 (2) The term ‘‘total period of planned ship con20 struction’’ means the period of years beginning on the 

21 date of the first authorization of funding (not includ22 ing funding requested for advance procurement) and 

23 ending on the date that is projected on the date of the 

24 first authorization of funding to be the delivery date 

25 of the vessel to the Navy. 


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

2 AND EA–18G AIRCRAFT. 

3 (a) MULTIYEAR PROCUREMENT.— 

4 (1) ADDITIONAL AUTHORITY.—Section 128 of the 

5 National Defense Authorization Act for Fiscal Year 

6 2010 (Public Law 111–84; 123 Stat. 2217) is amend7 ed by adding at the end the following new subsections: 

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

9 contract entered into under subsection (a), the Secretary of 

10 Defense may submit to the congressional defense committees 

11 an update to the report under section 2306b(l)(4) of title 

12 10, United States Code, by not later than September 1, 

13 2010. 

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

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

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

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

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

19 ‘‘(g) EXCEPTION TO CERTAIN REQUIREMENT.—Sec20 tion 8008(b) of the Department of Defense Appropriations 

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

22 not apply to a multiyear contract entered into under sub23 section (a). 

24 ‘‘(h) USE OF FUNDS.— 

25 ‘‘(1) PROCUREMENT.—In accordance with para26 graph (2), the Secretary of Defense shall ensure that 


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1 all funds authorized to be appropriated for the ad2 vance procurement or procurement of F/A–18E, F/A– 

3 18F, or EA–18G aircraft under this section are obli4 gated or expended for such purpose. 

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

6 Defense shall ensure that any excess funds are obli7 gated or expended for the advance procurement or 

8 procurement of F/A–18E or F/A–18F aircraft under 

9 this section, regardless of whether such aircraft are in 

10 addition to the 515 F/A–18E and F/A–18F aircraft 

11 planned by the Secretary of the Navy. 

12 ‘‘(3) EXCESS FUNDS DEFINED.—In this sub13 section, the term ‘excess funds’, with respect to funds 

14 available for the advance procurement or procurement 

15 of F/A–18E, F/A–18F, or EA–18G aircraft under this 

16 section, means the amount of funds that is equal to 

17 the difference of— 

18 ‘‘(A) the sum of— 

19 ‘‘(i) the funds authorized to be appro20 priated by this Act or otherwise available 

21 for fiscal year 2010 for the advance procure22 ment and procurement of F/A–18E, F/A– 

23 18F, or EA–18G aircraft; and 

24 ‘‘(ii) the funding levels for the advance 

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1 craft for fiscal years 2011 through 2013 

2 proposed by the Secretary of Defense in the 

3 future-years defense program for fiscal year 

4 2011 submitted under section 221 of title 

5 10, United States Code; and 

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

7 multiyear contracts for the advance procurement 

8 and procurement of such aircraft under this sec9 tion.’’. 

10 (2) EXTENSION OF CERTIFICATION.—Paragraph 

11 (2) of subsection (a) of such section is amended by 

12 striking ‘‘a reference to March’’ and inserting ‘‘a ref13 erence to September’’. 

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

15 of section 8011 of the Department of Defense Appropria16 tions Act, 2010 (Public Law 111–118; 10 U.S.C. 2306b 

17 note) is amended by inserting after ‘‘within 30 days of en18 actment of this Act’’ the following: ‘‘(or in the case of a 

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

20 18F, or EA–18G aircraft, by the date that is not less than 

21 30 days prior to the contract award)’’. 

22 SEC. 123. REPORT ON NAVAL FORCE STRUCTURE AND MIS23 SILE DEFENSE. 

24 (a) REPORT.—Not later than March 1, 2011, the Sec25 retary of the Navy, in coordination with the Chief of Naval 


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1 Operations, shall submit to the congressional defense com2 mittees a report on the requirements of the major combatant 

3 surface vessels with respect to missile defense. 

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

5 following: 

6 (1) An analysis of whether the requirement for 

7 sea-based missile defense can be accommodated by up8 grading Aegis ships that exist as of the date of the re9 port or by procuring additional combatant surface 

10 vessels. 

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

12 require increasing the overall number of combatant 

13 surface vessels beyond the requirement of 88 cruisers 

14 and destroyers in the 313-ship fleet plan of the Navy. 

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

16 combatant commander to fulfill ballistic missile de17 fense requirements, including (in consultation with 

18 the Chairman of the Joints Chiefs of Staff) the num19 ber of such ships needed to support the phased, adapt20 ive approach to ballistic missile defense in Europe. 

21 (4) A discussion of the potential effect of ballistic 

22 missile defense operations on the ability of the Navy 

23 to meet surface fleet demands in each geographic area 

24 and for each mission set. 


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1 (5) An evaluation of how the Aegis ballistic mis2 sile defense program can succeed as part of a bal3 anced fleet of adequate size and strength to meet the 

4 security needs of the United States. 

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

6 benefits of expected technological advancements in the 

7 sea-based missile defense program. 

8 (7) A description of the anticipated plan for de9 ployment of Aegis ballistic missile ships within the 

10 context of the fleet response plan. 

11 Subtitle D—Air Force Programs 

12 SEC. 131. PRESERVATION AND STORAGE OF UNIQUE TOOL13 ING FOR F–22 FIGHTER AIRCRAFT. 

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

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

16 84; 123 Stat.2219) is amended by striking ‘‘2010’’ and in17 serting ‘‘2011’’. 

18 Subtitle E—Joint and Multiservice 

19 Matters 

20 SEC. 141. LIMITATION ON PROCUREMENT OF F–35 LIGHT21 NING II AIRCRAFT. 

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

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

24 Act or otherwise made available for fiscal year 2011 for air25 craft procurement, Air Force, and aircraft procurement, 


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1 Navy, for F–35 Lightning II aircraft, not more than an 

2 amount necessary for the procurement of 30 such aircraft 

3 may be obligated or expended unless— 

4 (1) the certifications under subsection (b) are re5 ceived by the congressional defense committees on or 

6 before January 15, 2011; and 

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

8 of such receipt. 

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

10 2011— 

11 (1) the Under Secretary of Defense for Acquisi12 tion, Technology, and Logistics shall certify in writ13 ing to the congressional defense committees that— 

14 (A) each of the 11 scheduled system develop15 ment and demonstration aircraft planned in the 

16 schedule for delivery during 2010 has been deliv17 ered to the designated test location; 

18 (B) the initial service release has been 

19 granted for the F135 engine designated for the 

20 short take-off and vertical landing variant; 

21 (C) facility configuration and industrial 

22 tooling capability and capacity is sufficient to 

23 support production of at least 42 F–35 aircraft 

24 for fiscal year 2011; 


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1 (D) block 1.0 software has been released and 

2 is in flight test; 

3 (E) the Secretary of Defense has— 

4 (i) determined that two F–35 aircraft 

5 from low-rate initial production 1 have met 

6 established criteria for acceptance; and 

7 (ii) accepted such aircraft for delivery; 

8 and 

9 (F) advance procurement funds appro10 priated for the advance procurement of F136 en11 gines for fiscal years 2009 and 2010 have either 

12 been obligated or the Secretary of Defense has 

13 submitted a reprogramming action to the con14 gressional defense committees that would repro15 gram such funds to meet other F136 development 

16 requirements; and 

17 (2) the Director of Operational Test and Evalua18 tion shall certify in writing to the congressional de19 fense committees that— 

20 (A) the F–35C aircraft designated as CF–1 

21 has effectively accomplished its first flight; 

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

23 planned in the schedule to occur during 2010 

24 have been completed with sufficient results; 


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

2 planned for completion in 2010 were accom3 plished; 

4 (D) the conventional take-off and land vari5 ant low observable signature flight test has been 

6 conducted and the results of such test have met 

7 or exceeded threshold key performance param8 eters; 

9 (E) six F136 engines have been made avail10 able for testing; and 

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

12 completed in the F136 system development and 

13 demonstration program. 

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

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

16 each of the following occurs: 

17 (1) The written certification described in sub18 section (b)(1) is submitted by the Under Secretary of 

19 Defense for Acquisition, Technology, and Logistics not 

20 later than January 15, 2011. 

21 (2) The Under Secretary of Defense for Acquisi22 tion, Technology, and Logistics certifies in writing to 

23 the congressional defense committees that the failure 

24 to fully achieve the milestones described in subsection 

25 (b)(2) will not— 


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1 (A) delay or otherwise negatively affect the 

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

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

4 in such fiscal year; and 

5 (C) otherwise increase risk to the F–35 air6 craft program. 

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

8 date on which the certification under paragraph (2) 

9 is submitted to the congressional defense committees. 

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

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

12 schedule received by the congressional defense committees on 

13 March 15, 2010. 

14 SEC. 142. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS. 

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

16 to be appropriated by this Act or otherwise made available 

17 for fiscal year 2011 for biometrics programs and operations, 

18 not more than 85 percent may be obligated or expended 

19 until— 

20 (1) the Secretary of Defense submits to the con21 gressional defense committees a report on the actions 

22 taken— 

23 (A) to implement subparagraphs (A) 

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


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1 Security Presidential Directive dated June 5, 

2 2008 (NSPD–59); 

3 (B) to implement the recommendations of 

4 the Comptroller General of the United States in5 cluded in the report of the Comptroller General 

6 numbered GAO–08–1065 dated September, 2008; 

7 (C) to implement the recommendations of 

8 the Comptroller General included in the report of 

9 the Comptroller General numbered GAO–09–49 

10 dated October, 2008; 

11 (D) to fully and completely characterize the 

12 current biometrics architecture and establish the 

13 objective architecture for the Department of De14 fense; 

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

16 of the Secretary of Defense has the authority nec17 essary to be responsible for ensuring that all 

18 funding for biometrics programs and operations 

19 is programmed, budgeted, and executed; and 

20 (F) to ensure that an officer within the Of21 fice of the Joint Chiefs of Staff has the authority 

22 necessary to be responsible for ensuring the devel23 opment and implementation of common and 

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1 age, and use of biometrics data by all combatant 

2 commanders and their commands; and 

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

4 on which the report is submitted under paragraph 

5 (1). 

6 (b) SPECIFIC LIMITATION.—None of the funds author7 ized to be appropriated by this Act or otherwise made avail8 able for fiscal year 2011 for biometrics programs and oper9 ations may be obligated or expended unless the Under Sec10 retary of Defense for Acquisition, Technology, and Logistics 

11 (acting through the Director of Defense Biometrics) ap12 proves such obligation or expenditure in writing. 

13 SEC. 143. COUNTER-IMPROVISED EXPLOSIVE DEVICE INI14 TIATIVES DATABASE. 

15 (a) COMPREHENSIVE DATABASE.— 

16 (1) IN GENERAL.—The Secretary of Defense, act17 ing through the Director of the Joint Improvised Ex18 plosive Device Defeat Organization, shall develop and 

19 maintain a comprehensive database containing ap20 propriate information for coordinating, tracking, and 

21 archiving each counter-improvised explosive device 

22 initiative within the Department of Defense. The 

23 database shall, at a minimum, ensure the visibility of 

24 each counter-improvised explosive device initiative. 


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1 (2) USE OF INFORMATION.—Using information 

2 contained in the database developed under paragraph 

3 (1), the Secretary, acting through the Director of the 

4 Joint Improvised Explosive Device Defeat Organiza5 tion, shall— 

6 (A) identify and eliminate redundant 

7 counter-improvised explosive device initiatives; 

8 (B) facilitate the transition of counter-im9 provised explosive device initiatives from fund10 ing under the Joint Improvised Explosive Device 

11 Defeat Fund to funding provided by the military 

12 departments; and 

13 (C) notify the appropriate personnel and 

14 organizations prior to a counter-improvised ex15 plosive device initiative being funded through the 

16 Joint Improvised Explosive Device Defeat Fund. 

17 (3) COORDINATION.—In carrying out paragraph 

18 (1), the Secretary shall ensure that the Secretary of 

19 each military department coordinates and collabo20 rates on development of the database to ensure its 

21 interoperability, completeness, consistency, and effec22 tiveness. 

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

24 through the Director of the Joint Improvised Explosive De25 vice Defeat Organization, shall— 


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1 (1) develop appropriate means to measure the ef2 fectiveness of counter-improvised explosive device ini3 tiatives; and 

4 (2) prioritize the funding of such initiatives ac5 cording to such means. 

6 (c) ELIMINATION OF PRIOR NOTICE REQUIREMENT.— 

7 Subsection (c) of section 1514 of the John Warner National 

8 Defense Authorization Act for Fiscal Year 2007 (Public 

9 Law 109–364; 120 Stat. 2439), as amended by the Duncan 

10 Hunter National Defense Authorization Act for Fiscal Year 

11 2009 (Public Law 110–417; 122 Stat. 4649), is further 

12 amended— 

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

14 (2) by redesignating paragraph (5) as para15 graph (4). 

16 (d) COUNTER-IMPROVISED EXPLOSIVE DEVICE INITIA17 TIVE DEFINED.—In this section, the term ‘‘counter-impro18 vised explosive device initiative’’ means any project, pro19 gram, or research activity funded by any component of the 

20 Department of Defense that is intended to assist or support 

21 efforts to counter, combat, or defeat the use of improvised 

22 explosive devices. 


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1 SEC. 144. STUDY ON LIGHTWEIGHT BODY ARMOR SOLU2 TIONS. 

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

4 enter into a contract with a federally funded research and 

5 development center to conduct a study to— 

6 (1) assess the effectiveness of the processes used 

7 by the Secretary to identify and examine the require8 ments for lighter weight body armor systems; and 

9 (2) determine ways in which the Secretary may 

10 more effectively address the research, development, 

11 and procurement requirements regarding reducing the 

12 weight of body armor. 

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

14 subsection (a) shall include findings and recommendations 

15 regarding the following: 

16 (1) The requirement for lighter weight body 

17 armor and personal protective equipment and the 

18 ability of the Secretary to meet such requirement. 

19 (2) Innovative design ideas for more modular 

20 body armor that allow for scalable protection levels 

21 for various missions and threats. 

22 (3) The need for research, development, and ac23 quisition funding dedicated specifically for reducing 

24 the weight of body armor. 

25 (4) The efficiency and effectiveness of current 

26 body armor funding procedures and processes. 


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1 (5) Industry concerns, capabilities, and willing2 ness to invest in the development and production of 

3 lightweight body armor initiatives. 

4 (6) Barriers preventing the development of light5 er weight body armor (including such barriers with 

6 respect to technical, institutional, or financial prob7 lems). 

8 (7) Changes to procedures or policy with respect 

9 to lightweight body armor. 

10 (8) Other areas of concern not previously ad11 dressed by equipping boards, body armor producers, 

12 or program managers. 

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

14 days after the date of the enactment of this Act, the Sec15 retary shall submit to the congressional defense committees 

16 a report on the study conducted under subsection (a). 

17 TITLE II—RESEARCH, DEVELOP18 MENT, TEST, AND EVALUA19 TION 

20 Subtitle A—Authorization of 

21 Appropriations 

22 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

23 Funds are hereby authorized to be appropriated for fis24 cal year 2011 for the use of the Department of Defense for 

25 research, development, test, and evaluation as follows: 


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

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

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

4 (4) For Defense-wide activities, $20,908,006,000, 

5 of which $194,910,000 is authorized for the Director 

6 of Operational Test and Evaluation. 

7 Subtitle B—Program Requirements, 

8 Restrictions, and Limitations 

9 SEC. 211. REPORT REQUIREMENTS FOR REPLACEMENT 

10 PROGRAM OF THE OHIO-CLASS BALLISTIC 

11 MISSILE SUBMARINE. 

12 (a) FINDINGS.—Congress makes the following findings: 

13 (1) The sea-based strategic deterrence provided 

14 by the ballistic missile submarine force of the Navy 

15 has been essential to the national security of the 

16 United States since the deployment of the first bal17 listic missile submarine, the USS George Washington 

18 SSBN 598, in 1960. 

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

20 served the United States to provide the sea-based stra21 tegic deterrence. 

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

23 the sea-based strategic deterrence is provided by the 

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1 class submarine force, which have been the primary 

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

3 (4) Ballistic missile submarines are the most 

4 survivable asset in the arsenal of the United States in 

5 the event of a surprise nuclear attack on the country 

6 because, being submerged for months at a time, these 

7 submarines are virtually undetectable to any adver8 sary and therefore invulnerable to attack, thus pro9 viding the submarines with the ability to respond 

10 with significant force against any adversary who at11 tacks the United States or its allies. 

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

13 that— 

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

15 their service life and are retired, the United States 

16 must maintain the robust sea-based strategic deterrent 

17 force that has the ability to remain undetected by po18 tential adversaries and must have the capability to 

19 deliver a retaliatory strike of such magnitude that no 

20 rational actor would dare attack the United States; 

21 (2) the Secretary of Defense should conduct a 

22 comprehensive analysis of the alternative capabilities 

23 to provide the sea-based strategic deterrence that in24 cludes consideration of different types and sizes of 

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1 tems, the number of submarines necessary to provide 

2 such deterrence, and the cost of each alternative; and 

3 (3) prior to requesting more than $1,000,000,000 

4 in research and development funding to develop a re5 placement for the Ohio-class ballistic missile sub6 marine force in advance of a Milestone A decision, the 

7 Secretary of Defense should have made available to 

8 Congress the guidance issued by the Director of Cost 

9 Assessment and Performance Evaluation with respect 

10 to the analysis of alternative capabilities and the re11 sults of such analysis. 

12 (c) LIMITATION.— 

13 (1) REPORT.—Of the funds authorized to be ap14 propriated by this Act or otherwise made available for 

15 fiscal year 2011 for research and development for the 

16 Navy, not more than 50 percent may be obligated or 

17 expended to research or develop a submarine as a re18 placement for the Ohio-class ballistic missile sub19 marine force unless— 

20 (A) the Secretary of Defense submits to the 

21 congressional defense committees a report includ22 ing— 

23 (i) guidance issued by the Director of 

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1 native capabilities to provide the sea-based 

2 strategic deterrence currently provided by 

3 the Ohio-class ballistic missile submarine 

4 force and any other guidance relating to re5 quirements for such alternatives intended to 

6 affect the analysis; 

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

9 continue the sea-based strategic deterrence 

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

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

14 (II) the operational challenges 

15 and benefits associated with each alter16 native capability; and 

17 (III) the time needed to develop 

18 and deploy each alternative capability; 

19 and 

20 (iii) detailed reasoning associated with 

21 the decision to replace the capability of sea22 based deterrence provided by the Ohio-class 

23 ballistic missile submarine force with an al24 ternative capability designed to carry the 

25 Trident II D5 missile; and 


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

2 the date on which the report under subparagraph 

3 (A) is submitted. 

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

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

6 include a classified annex. 

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

8 LIGHTNING II AIRCRAFT PROGRAM. 

9 Of the amounts authorized to be appropriated by this 

10 Act or otherwise made available for fiscal year 2011 for re11 search, development, test, and evaluation for the F–35 

12 Lightning II aircraft program, not more than 75 percent 

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

14 date on which the Under Secretary of Defense for Acquisi15 tion, Technology, and Logistics submits to the congressional 

16 defense committees certification in writing that all funds 

17 made available for fiscal year 2011 for the continued devel18 opment and procurement of a competitive propulsion sys19 tem for the F–35 Lightning II aircraft have been obligated. 


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1 SEC. 213. INCLUSION IN ANNUAL BUDGET REQUEST AND 

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

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

8 States Code, is amended by adding at the end the following 

9 new section: 

10 ‘‘§ 236. Budgeting for competitive propulsion system 

11 for F–35 Lightning II aircraft 

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

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

16 full funding of the continued development and procurement 

17 of a competitive propulsion system for the F–35 Lightning 

18 II aircraft. 

19 ‘‘(b) FUTURE-YEARS DEFENSE PROGRAM.—In each fu20 ture-years defense program submitted to Congress under 

21 section 221 of this title, the Secretary of Defense shall ensure 

22 that the estimated expenditures and proposed appropria23 tions for the F–35 Lightning II aircraft, for each fiscal year 

24 of the period covered by that program, include sufficient 

25 amounts for the full funding of the continued development 


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1 and procurement of a competitive propulsion system for the 

2 F–35 Lightning II aircraft. 

3 ‘‘(c) REQUIREMENT TO OBLIGATE AND EXPEND

4 FUNDS.—Of the amounts authorized to be appropriated for 

5 fiscal year 2011 or any fiscal year thereafter, for research, 

6 development, test, and evaluation and procurement for the 

7 F–35 Lightning II aircraft program, the Secretary of De8 fense shall ensure the obligation and expenditure in each 

9 such fiscal year of sufficient annual amounts for the contin10 ued development and procurement of two options for the 

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

12 order to ensure the development and competitive production 

13 for the propulsion system for such aircraft. 

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

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

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

17 submitted to Congress by the President under section 

18 1105(a) of title 31. 

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

20 respect to a fiscal year, means the materials sub21 mitted to Congress by the Secretary of Defense in sup22 port of the budget for that fiscal year.’’. 

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

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

25 following new item: 


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

1 (c) CONFORMING REPEAL.—Section 213 of the Na2 tional Defense Authorization Act for Fiscal Year 2008 (Pub3 lic Law 110–181) is repealed. 

4 SEC. 214. SEPARATE PROGRAM ELEMENTS REQUIRED FOR 

5 RESEARCH AND DEVELOPMENT OF JOINT 

6 LIGHT TACTICAL VEHICLE. 

7 In the budget materials submitted to the President by 

8 the Secretary of Defense in connection with the submission 

9 to Congress, pursuant to section 1105 of title 31, United 

10 States Code, of the budget for fiscal year 2012, and each 

11 subsequent fiscal year, the Secretary shall ensure that with12 in each research, development, test, and evaluation account 

13 of the Army and the Navy a separate, dedicated program 

14 element is assigned to the Joint Light Tactical Vehicle. 

15 Subtitle C—Missile Defense 

16 Programs 

17 SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR 

18 MISSILE DEFENSES IN EUROPE. 

19 (a) LIMITATION ON CONSTRUCTION AND DEPLOYMENT

20 OF SYSTEMS.—No funds authorized to be appropriated by 

21 this Act or otherwise made available for the Department 

22 of Defense for fiscal year 2011 or any fiscal year thereafter 

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1 dium-range or long-range missile defense system in Europe 

2 until— 

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

4 signed and ratified a missile defense basing agreement 

5 and a status of forces agreement; and 

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

7 date on which the Secretary of Defense submits to the 

8 congressional defense committees the report on the 

9 independent assessment of alternative missile defense 

10 systems in Europe required by section 235(c)(2) of the 

11 National Defense Authorization Act for Fiscal Year 

12 2010 (Public Law 111-84; 123 Stat. 2235). 

13 (b) LIMITATION ON PROCUREMENT OR DEPLOYMENT

14 OF INTERCEPTORS.—No funds authorized to be appro15 priated by this Act or otherwise made available for the De16 partment of Defense for fiscal year 2011 or any fiscal year 

17 thereafter may be obligated or expended for the procurement 

18 (other than initial long-lead procurement) or deployment 

19 of operational missiles of a medium-range or long-range 

20 missile defense system in Europe until the Secretary of De21 fense, after receiving the views of the Director of Oper22 ational Test and Evaluation, submits to the congressional 

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1 alistic flight testing, a high probability of working in an 

2 operationally effective manner and that such missile defense 

3 system has the ability to accomplish the mission. 

4 (c) CONFORMING REPEAL.—Section 234 of the Na5 tional Defense Authorization Act for Fiscal Year 2010 (Pub6 lic Law 111–81; 123 Stat. 2234) is repealed. 

7 SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CON8 TRACTS BY MISSILE DEFENSE AGENCY WITH 

9 FOREIGN ENTITIES. 

10 Section 222 of the National Defense Authorization Act 

11 for Fiscal Years 1988 and 1989 (Public Law 100–180; 101 

12 Stat. 1055; 10 U.S.C. 2431 note) is repealed. 

13 SEC. 223. PHASED, ADAPTIVE APPROACH TO MISSILE DE14 FENSE IN EUROPE. 

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

16 that— 

17 (1) the new phased, adaptive approach to missile 

18 defense in Europe, announced by the President on 

19 September 17, 2009, should be supported by sound 

20 analysis, program plans, schedules, and technologies 

21 that are credible; 

22 (2) the cost, performance, and risk of such ap23 proach to missile defense should be well understood; 

24 and 


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1 (3) Congress should have access to information 

2 regarding the analyses, plans, schedules, technologies, 

3 cost, performance, and risk of such approach to mis4 sile defense in order to conduct effective oversight. 

5 (b) REPORT REQUIRED.— 

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

7 submit to the congressional defense committees a re8 port on the phased, adaptive approach to missile de9 fense in Europe. 

10 (2) MATTERS INCLUDED.—The report under 

11 paragraph (1) shall include the following: 

12 (A) A discussion of the analyses conducted 

13 by the Secretary of Defense preceding the an14 nouncement of the phased, adaptive Approach to 

15 missile defense in Europe on September 17, 

16 2009, including— 

17 (i) a description of any alternatives 

18 considered; 

19 (ii) the criteria used to analyze each 

20 such alternative; and 

21 (iii) the result of each analysis, includ22 ing a description of the criteria used to 

23 judge each alternative. 

24 (B) A discussion of any independent assess25 ments or reviews of alternative approaches to 


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1 missile defense in Europe considered by the Sec2 retary in support of the announcement of the 

3 phased, adaptive approach to missile defense in 

4 Europe on September 17, 2009. 

5 (C) A description of the architecture for 

6 each of the four phases of the phased, adaptive 

7 approach to missile defense in Europe, includ8 ing— 

9 (i) the composition, basing locations, 

10 and quantities of ballistic missile defense 

11 assets, including ships, batteries, intercep12 tors, radars and other sensors, and com13 mand and control nodes; 

14 (ii) program schedules and site-specific 

15 schedules with task activities, test plans, 

16 and knowledge and decision points; 

17 (iii) technology maturity levels of mis18 sile defense assets and plans for retiring 

19 technical risks; 

20 (iv) planned performance of missile de21 fense assets and defended area coverage, in22 cluding sensitivity analysis to various bas23 ing scenarios and varying threat capabili24 ties (including simple and complex threats, 


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1 liquid and solid-fueled ballistic missiles, 

2 and varying raid sizes); 

3 (v) operational concepts and how such 

4 operational concepts effect force structure 

5 and inventory requirements; 

6 (vi) total cost estimates and funding 

7 profiles, by year, for acquisition, fielding, 

8 and operations and support; and 

9 (vii) acquisition strategies. 

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

11 United States shall submit to the congressional de12 fense committees a report assessing the report under 

13 paragraph (1) pursuant to section 232(g) of the Na14 tional Defense Authorization Act for Fiscal Year 2002 

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

16 (c) LIMITATION ON FUNDS.—Of the amounts author17 ized to be appropriated by section 301(5) for operation and 

18 maintenance, Defense-wide, for the Office of the Secretary 

19 of Defense, not more than 95 percent of such amounts may 

20 be obligated or expended until the date on which the report 

21 required under subsection (b)(1) is submitted to the congres22 sional defense committees. 

23 SEC. 224. HOMELAND DEFENSE HEDGING POLICY. 

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


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1 (1) As noted by the Director of National Intel2 ligence, testifying before the Senate Select Committee 

3 on Intelligence on February 2, 2010, ‘‘the Iranian re4 gime continues to flout UN Security Council restric5 tions on its nuclear program. . .we judge Iran would 

6 likely choose missile delivery as its preferred method 

7 of delivering a nuclear weapon. Iran already has the 

8 largest inventory of ballistic missiles in the Middle 

9 East and it continues to expand the scale, reach, and 

10 sophistication of its ballistic missile forces—many of 

11 which are inherently capable of carrying a nuclear 

12 payload.’’. 

13 (2) The Unclassified Report on Military Power 

14 of Iran, dated April 2010, states that, ‘‘with sufficient 

15 foreign assistance, Iran could probably develop and 

16 test an intercontinental ballistic missile (ICBM) ca17 pable of reaching the United States by 2015. Iran 

18 could also have an intermediate-range ballistic missile 

19 (IRBM) capable of threatening Europe.’’. 

20 (3) Under phase 3 of the phased, adaptive ap21 proach for missile defense in Europe (scheduled for 

22 2018), the United States plans to deploy the standard 

23 missile–3 block IIA interceptor at sea- and land-based 

24 sites in addition to existing missile defense systems to 

25 provide coverage for all NATO allies in Europe 


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1 against medium- and intermediate-range ballistic 

2 missiles. 

3 (4) Under phase 4 of the phased, adaptive ap4 proach for missile defense in Europe (scheduled for 

5 2020), the United States plans to deploy the standard 

6 missile–3 block IIB interceptor to provide additional 

7 coverage of the United States against a potential 

8 intercontinental ballistic missile launched from the 

9 Middle East in the 2020 time frame. 

10 (5) According to the February 2010 Ballistic 

11 Missile Defense Review, the United States will con12 tinue the development and assessment of a two-stage 

13 ground-based interceptor as part of a hedging strategy 

14 and, as further noted by the Under Secretary of De15 fense for Policy during testimony before the Com16 mittee on Armed Services of the House of Representa17 tives on October 1, 2009, ‘‘we keep the development of 

18 the two-stage [ground-based interceptor] on the books 

19 as a hedge in case things come earlier, in case there’s 

20 any kind of technological challenge with the later 

21 models of the [standard missile–3].’’. 

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

23 to— 

24 (1) field missile defense systems in Europe 

25 that— 


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1 (A) provide protection against medium2 and intermediate-range ballistic missile threats 

3 consistent with NATO policy and the phased, 

4 adapted approach for missile defense announced 

5 on September 17, 2009; and 

6 (B) have been confirmed to perform the as7 signed mission after successful, operationally re8 alistic testing; 

9 (2) field missile defenses to protect the territory 

10 of the United States pursuant to the National Missile 

11 Defense Act of 1999 (Public Law 106–38; 10 U.S.C. 

12 2431 note) and to test those systems in an operation13 ally realistic manner; 

14 (3) ensure that the standard missile–3 block IIA 

15 interceptor planned for phase 3 of the phased, adapt16 ive approach for missile defense is capable of address17 ing intermediate-range ballistic missiles launched 

18 from the Middle East and the standard missile–3 

19 block IIB interceptor planned for phase 4 of such ap20 proach is capable of addressing intercontinental bal21 listic missiles launched from the Middle East; and 

22 (4) continue the development and testing of the 

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

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

25 that— 


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1 (i) the intermediate-range ballistic 

2 missile threat to NATO allies in Europe 

3 materializes before the availability of the 

4 standard missile–3 block IIA interceptor; 

5 (ii) the intercontinental ballistic mis6 sile threat to the United States that cannot 

7 be countered with the existing ground-based 

8 missile defense system materializes before 

9 the availability of the standard missile–3 

10 block IIB interceptor; or 

11 (iii) technical challenges or schedule 

12 delays affect the standard missile–3 block 

13 IIA interceptor or the standard missile–3 

14 block IIB interceptor; and 

15 (B) as a complement to the missile defense 

16 capabilities deployed in Alaska and California 

17 for the defense of the United States. 

18 SEC. 225. INDEPENDENT ASSESSMENT OF THE PLAN FOR 

19 DEFENSE OF THE HOMELAND AGAINST THE 

20 THREAT OF BALLISTIC MISSILES. 

21 (a) FINDING.—Congress finds that section 2 of the Na22 tional Missile Defense Act of 1999 (Public Law 106–38; 10 

23 U.S.C. 2431 note) states that it is the policy of the United 

24 States to deploy as soon as is technologically possible an 

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1 ing the territory of the United States against limited bal2 listic missile attack (whether accidental, unauthorized, or 

3 deliberate) with funding subject to the annual authorization 

4 of appropriations and the annual appropriation of funds 

5 for National Missile Defense. 

6 (b) ASSESSMENT.—The Secretary of Defense shall con7 tract with an independent entity to conduct an assessment 

8 of the plans of the Secretary for defending the territory of 

9 the United States against the threat of attack by ballistic 

10 missiles, including electromagnetic pulse attacks, as such 

11 plans are described in the Ballistic Missile Defense Review 

12 submitted to Congress on February 1, 2010, and the report 

13 submitted to Congress under section 232 of the National De14 fense Authorization Act for Fiscal Year 2010 (Public Law 

15 111–84; 123 Stat. 2232). 

16 (c) ELEMENTS.—The assessment required by sub17 section (b) shall include an assessment of the following: 

18 (1) The ballistic missile threat, including electro19 magnetic pulse attacks, against which the homeland 

20 defense elements are intended to defend, including mo21 bile or fixed threats that might arise from non-state 

22 actors and accidental or unauthorized launches. 

23 (2) The military requirements for defending the 

24 territory of the United States against such missile 

25 threats. 


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1 (3) The capabilities of the missile defense ele2 ments available to defend the territory of the United 

3 States as of the date of the assessment. 

4 (4) The planned capabilities of the homeland de5 fense elements, if different from the capabilities under 

6 paragraph (3). 

7 (5) The force structure and inventory levels nec8 essary to achieve the planned capabilities of the ele9 ments described in paragraph (3) and (4). 

10 (6) The infrastructure necessary to achieve such 

11 capabilities, including the number and location of 

12 operational silos. 

13 (7) The number of interceptor missiles necessary 

14 for operational assets, test assets (including develop15 mental and operational test assets and aging and sur16 veillance test assets), and spare missiles. 

17 (d) REPORT.— 

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

19 budget of the President for fiscal year 2012 is sub20 mitted to Congress pursuant to section 1105 of title 

21 31, United States Code, the Secretary shall submit to 

22 the congressional defense committees a report setting 

23 forth the results of the assessment required by sub24 section (b). 


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

2 form, but may include a classified annex. 

3 SEC. 226. STUDY ON BALLISTIC MISSILE DEFENSE CAPA4 BILITIES OF THE UNITED STATES. 

5 (a) STUDY.—The Secretary of Defense, in coordination 

6 with the Chairman of the Joint Chiefs of Staff, shall con7 duct a joint capabilities mix study on the ballistic missile 

8 defense capabilities of the United States. 

9 (b) ELEMENTS.—The study under paragraph (1) shall 

10 include, at a minimum, the following: 

11 (1) An assessment of the missile defense capa12 bility, force structure, and inventory sufficiency re13 quirements of the combatant commanders based on 

14 the threat assessments and operational plans for each 

15 combatant command. 

16 (2) A discussion of the infrastructure necessary 

17 to achieve the ballistic missile defense capabilities, 

18 force structure, and inventory assessed under para19 graph (1). 

20 (3) An analysis of mobile and fixed missile de21 fense assets. 

22 (c) REPORT.— 

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

24 budget of the President for fiscal year 2012 is sub25 mitted to Congress pursuant to section 1105 of title 


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1 31, United States Code, the Secretary shall submit to 

2 the congressional defense committees a report setting 

3 forth the results of the study under subsection (a). 

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

5 form, but may include a classified annex. 

6 SEC. 227. REPORTS ON STANDARD MISSILE SYSTEM. 

7 (a) REPORTS.—Not later than 90 days after the date 

8 of the enactment of this Act, and each 180-day period there9 after, the Secretary of Defense shall submit to the congres10 sional defense committees a report on the standard missile 

11 system, particularly with respect to standard missile–3 

12 block IIA and standard missile–3 block IIB. 

13 (b) MATTERS INCLUDED.—The reports under sub14 section (a) shall include the following: 

15 (1) A detailed discussion of the modernization, 

16 capabilities, and limitations of the standard missile. 

17 (2) A review of the standard missile’s compari18 son capability against all expected threats. 

19 (3) A report on the progress of complimentary 

20 systems, including, at a minimum, radar systems, de21 livery systems, and recapitalization of supporting 

22 software and hardware. 

23 (4) Any industrial capacities that must be main24 tained to ensure adequate manufacturing of standard 

25 missile technology and production ratio. 


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1 Subtitle D—Reports 

2 SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND 

3 PROGRAM REQUIREMENTS FOR THE GROUND 

4 COMBAT VEHICLE PROGRAM. 

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

6 2011, the Secretary of the Army shall provide to the con7 gressional defense committees a report on the Ground Com8 bat Vehicle program of the Army. Such report shall in9 clude— 

10 (1) the results of the analysis of alternatives con11 ducted prior to milestone A, including any technical 

12 data; and 

13 (2) an explanation of any plans to adjust the re14 quirements of the Ground Combat Vehicle program 

15 during the technology development phase of such pro16 gram. 

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

18 be submitted in unclassified form, but may include a classi19 fied annex. 

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

21 funds authorized to be appropriated by this or any other 

22 Act for fiscal year 2011 for research, development, test, and 

23 evaluation, Army, for development of the Ground Combat 

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1 pended until the date that is 30 days after the date on which 

2 the report is submitted under subsection (a). 

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

4 MUNITIONS. 

5 (a) COST BENEFIT ANALYSIS REQUIRED.— 

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

7 shall conduct a cost benefit analysis of future muni8 tions to be fired from the M1 Abrams series main bat9 tle tank to determine the proper investment to be 

10 made in tank munitions, including beyond line of 

11 sight technology. 

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

13 paragraph (1) shall include— 

14 (A) the predicted operational performance 

15 of future tank-fired munitions, including those 

16 incorporating beyond line of sight technology, 

17 based on the relevant modeling and simulation of 

18 future combat scenarios of the Army, including 

19 a detailed analysis on the suitability of each mu20 nition to address the full spectrum of targets 

21 across the entire range of the tank (including 

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

23 line of sight); 

24 (B) a detailed assessment of the projected 

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1 tion included in the analysis, including those in2 corporating beyond line of sight technology; and 

3 (C) a comparative analysis of each tank4 fired munition included in the analysis, includ5 ing suitability to address known capability gaps 

6 and overmatch against known and projected 

7 threats. 

8 (3) MUNITIONS INCLUDED.—In conducting the 

9 cost benefit analysis under paragraph (1), the Sec10 retary shall include, at a minimum, the Mid-Range 

11 Munition, the Advanced Kinetic Energy round, and 

12 the Advanced Multipurpose Program. 

13 (b) REPORT.—Not later than March 15, 2011, the Sec14 retary shall submit to the congressional defense committees 

15 the cost benefit analysis under subsection (a). 

16 SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON 

17 THE VH–(XX) PRESIDENTIAL HELICOPTER AC18 QUISITION PROGRAM. 

19 (a) ANNUAL GAO REVIEW.—During the period begin20 ning on the date of the enactment of this Act and ending 

21 on March 1, 2018, the Comptroller General of the United 

22 States shall conduct an annual review of the VH–(XX) air23 craft acquisition program. 

24 (b) ANNUAL REPORTS.— 


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

2 each year beginning in 2011 and ending in 2018, the 

3 Comptroller General shall submit to the congressional 

4 defense committees a report on the review of the VH– 

5 (XX) aircraft acquisition program conducted under 

6 subsection (a). 

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

8 the review of the VH–(XX) aircraft acquisition pro9 gram shall include the following: 

10 (A) The extent to which the program is 

11 meeting development and procurement cost, 

12 schedule, performance, and risk mitigation goals. 

13 (B) With respect to meeting the desired ini14 tial operational capability and full operational 

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

16 progress and results of— 

17 (i) developmental and operational test18 ing of the aircraft; and 

19 (ii) plans for correcting deficiencies in 

20 aircraft performance, operational effective21 ness, reliability, suitability, and safety. 

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

23 procurement plans, production results, and ef24 forts to improve manufacturing efficiency and 

25 supplier performance. 


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1 (D) An assessment of the acquisition strat2 egy of the VH–(XX) aircraft, including whether 

3 such strategy is in compliance with acquisition 

4 management best-practices and the acquisition 

5 policy and regulations of the Department of De6 fense. 

7 (E) A risk assessment of the integrated mas8 ter schedule and the test and evaluation master 

9 plan of the VH–(XX) aircraft as it relates to— 

10 (i) the probability of success; 

11 (ii) the funding required for such air12 craft compared with the funding pro13 grammed; and 

14 (iii) development and production con15 currency. 

16 (3) ADDITIONAL INFORMATION.—In submitting 

17 to the congressional defense committees the first report 

18 under paragraph (1) and a report following any 

19 changes made by the Secretary of the Navy to the 

20 baseline documentation of the VH–(XX) aircraft ac21 quisition program, the Comptroller General shall in22 clude, with respect to such program, an assessment of 

23 the sufficiency and objectivity of— 

24 (A) the analysis of alternatives; 

25 (B) the initial capabilities document; 


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1 (C) the capabilities development document; 

2 and 

3 (D) the systems requirement document. 

4 SEC. 234. JOINT ASSESSMENT OF THE JOINT EFFECTS TAR5 GETING SYSTEM. 

6 (a) REVIEW.—Not later than March 1, 2011, the 

7 Under Secretary of Defense for Acquisition, Technology, 

8 and Logistics shall form a joint assessment team to review 

9 the joint effects targeting system. 

10 (b) REPORT.—Not later than 30 days after the date 

11 on which the review under subsection (a) is completed, the 

12 Under Secretary shall submit to the congressional defense 

13 committees a report on the review. 

14 Subtitle E—Other Matters 

15 SEC. 241. ESCALATION OF FORCE CAPABILITIES. 

16 (a) NON-LETHAL DEMONSTRATION PROGRAM.—The 

17 Secretary of Defense, acting through the Director of Oper18 ational Test and Evaluation and in consultation with the 

19 Executive Agent for Non-lethal Weapons, shall carry out a 

20 program to operationally test and evaluate non-lethal 

21 weapons that provide counter-personnel escalation of force 

22 options to members of the Armed Forces deploying in sup23 port of a contingency operation. 


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1 (b) TECHNOLOGY TESTED.—Technologies evaluated 

2 under subsection (a) shall include crowd control, area de3 nial, space clearing, and personnel incapacitation tools. 

4 (c) REPORT REQUIRED.—Not later than 180 days 

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

6 shall submit to the congressional defense committees a re7 port that— 

8 (1) evaluates operational and situational suit9 ability for each non-lethal weapon tested; 

10 (2) defines the tactics, techniques, and procedures 

11 approved for deployment of each non-lethal weapon 

12 by service; 

13 (3) identifies deployment schemes for each type 

14 of non-lethal weapon by service; and 

15 (4) details, by service, the number of units re16 ceiving pre-deployment training on each non-lethal 

17 weapon and the total number of units trained. 

18 (d) PROCUREMENT LINE ITEM.—In the budget mate19 rials submitted to the President by the Secretary of Defense 

20 in connection with submission to Congress, pursuant to sec21 tion 1105 of title 31, United States Code, of the budget for 

22 fiscal year 2012, and each subsequent fiscal year, the Sec23 retary shall ensure that within each military department 

24 procurement account, a separate, dedicated procurement 

25 line item is designated for non-lethal weapons. 


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1 SEC. 242. PILOT PROGRAM TO INCLUDE TECHNOLOGY PRO2 TECTION FEATURES DURING RESEARCH AND 

3 DEVELOPMENT OF DEFENSE SYSTEMS. 

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

5 carry out a pilot program to develop and incorporate tech6 nology protection features in a designated system during 

7 the research and development phase of such system. 

8 (b) FUNDING.—Of the amounts authorized to be appro9 priated by this Act for research, development, test, and eval10 uation, Defense-wide, not more than $5,000,000 may be 

11 available to carry out this section. 

12 (c) ANNUAL REPORTS.—Not later than December 31 

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

14 program, the Secretary shall submit to the congressional de15 fense committees a report on the pilot program established 

16 under this section, including a list of each designated sys17 tem included in the program. 

18 (d) TERMINATION.—The pilot program established 

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

20 (e) DEFINITIONS.—In this section: 

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

22 system (including a major system, as defined in sec23 tion 2302(5) of title 10, United States Code) that the 

24 Under Secretary of Defense for Acquisition, Tech25 nology, and Logistics designates as being included in 

26 the pilot program established under this section. 


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

2 means the technical modifications necessary to protect 

3 critical program information, including anti-tamper 

4 technologies and other systems engineering activities 

5 intended to prevent or delay exploitation of critical 

6 technologies in a designated system. 

7 SEC. 243. PILOT PROGRAM ON COLLABORATIVE ENERGY SE8 CURITY. 

9 (a) PILOT PROGRAM.—The Secretary of Defense, in co10 ordination with the Secretary of Energy, shall carry out 

11 a collaborative energy security pilot program involving one 

12 or more partnerships between one military installation and 

13 one national laboratory, for the purpose of evaluating and 

14 validating secure, salable microgrid components and sys15 tems for deployment. 

16 (b) SELECTION OF MILITARY INSTALLATION AND NA17 TIONAL LABORATORY.—The Secretary of Defense and the 

18 Secretary of Energy shall jointly select a military installa19 tion and a national laboratory for the purpose of carrying 

20 out the pilot program under this section. In making such 

21 selections, the Secretaries shall consider each of the fol22 lowing: 

23 (1) A commitment to participate made by a 

24 military installation being considered for selection. 


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1 (2) The findings and recommendations of rel2 evant energy security assessments of military installa3 tions being considered for selection. 

4 (3) The availability of renewable energy sources 

5 at a military installation being considered for selec6 tion. 

7 (4) Potential synergies between the expertise and 

8 capabilities of a national laboratory being considered 

9 for selection and the infrastructure, interests, or other 

10 energy security needs of a military installation being 

11 considered for selection. 

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

13 or other considerations on the feasibility of enabling 

14 any excess electricity generated on a military instal15 lation being considered for selection to be sold or oth16 erwise made available to the local community near 

17 the installation. 

18 (c) PROGRAM ELEMENTS.—The pilot program shall be 

19 carried out as follows: 

20 (1) Under the pilot program, the Secretaries 

21 shall evaluate and validate the performance of new 

22 energy technologies that may be incorporated into op23 erating environments. 

24 (2) The pilot program shall involve collaboration 

25 with the Office of Electricity Delivery and Energy 


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1 Reliability of the Department of Energy and other of2 fices and agencies within the Department of Energy, 

3 as appropriate, and the Environmental Security 

4 Technical Certification Program of the Department of 

5 Defense. 

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

7 Defense shall investigate opportunities for any excess 

8 electricity created for the military installation to be 

9 sold or otherwise made available to the local commu10 nity near the installation. 

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

12 of the pilot program as the basis for informing key 

13 performance parameters and validating energy com14 ponents and designs that could be implemented in 

15 various military installations across the country and 

16 at forward operating bases. 

17 (5) The pilot program shall support the effort of 

18 the Secretary of Defense to use the military as a test 

19 bed to demonstrate innovative energy technologies. 

20 (d) IMPLEMENTATION AND DURATION.—The Secretary 

21 of Defense shall begin the pilot program under this section 

22 by not later than July 1, 2011. Such pilot program shall 

23 be not less than three years in duration. 

24 (e) REPORTS.— 


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1 (1) INITIAL REPORT.—Not later than October 1, 

2 2011, the Secretary of Defense shall submit to the ap3 propriate congressional committees an initial report 

4 that provides an update on the implementation of the 

5 pilot program under this section, including an identi6 fication of the selected military installation and na7 tional laboratory partner and a description of tech8 nologies under evaluation. 

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

10 after completion of the pilot program under this sec11 tion, the Secretary shall submit to the appropriate 

12 congressional committees a report on the pilot pro13 gram, including any findings and recommendations 

14 of the Secretary. 

15 (f) FUNDING.— 

16 (1) DEPARTMENT OF DEFENSE.—Of the funds 

17 authorized to be appropriated by section 201 for fiscal 

18 year 2011 for research, development, test, and evalua19 tion, Defense-wide, $5,000,000 is available to carry 

20 out this section. 

21 (2) DEPARTMENT OF ENERGY.—Upon deter22 mination by the Secretary of Energy that the pro23 gram under this section is relevant and consistent 

24 with the mission of the Department of Energy to lead 

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1 curity and reliability of the energy infrastructure, 

2 and facilitate recovery from disruptions to energy 

3 supply, the Secretary may transfer funds made avail4 able for the Office of Electricity Delivery and Energy 

5 Reliability of the Department of Energy in order to 

6 carry out this section. 

7 (g) DEFINITIONS.—For purposes of this section: 

8 (1) The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) the Committee on Armed Services, the 

11 Committee on Energy and Commerce, and the 

12 Committee on Science and Technology of the 

13 House of Representatives; and 

14 (B) the Committee on Armed Services, the 

15 Committee on Energy and Natural Resources, 

16 and the Committee on Commerce, Science, and 

17 Transportation of the Senate. 

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

19 energy system consisting of interconnected loads and 

20 distributed energy resources (including generators, en21 ergy storage devices, and smart controls) that can op22 erate with the utility grid or in an intentional 

23 islanding mode. 

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


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1 (A) a national laboratory (as defined in 

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

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

4 (B) a national security laboratory (as de5 fined in section 3281 of the National Nuclear Se6 curity Administration Act (50 U.S.C. 2471)). 

7 TITLE III—OPERATION AND 

8 MAINTENANCE 

9 Subtitle A—Authorization of 

10 Appropriations 

11 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

12 Funds are hereby authorized to be appropriated for fis13 cal year 2011 for the use of the Armed Forces and other 

14 activities and agencies of the Department of Defense for ex15 penses, not otherwise provided for, for operation and main16 tenance, in amounts as follows: 

17 (1) For the Army, $34,232,221,000. 

18 (2) For the Navy, $37,976,443,000. 

19 (3) For the Marine Corps, $5,568,340,000. 

20 (4) For the Air Force, $36,684,588,000. 

21 (5) For Defense-wide activities, $30,200,596,000. 

22 (6) For the Army Reserve, $2,942,077,000. 

23 (7) For the Naval Reserve, $1,374,764,000. 

24 (8) For the Marine Corps Reserve, $287,234,000. 

25 (9) For the Air Force Reserve, $3,311,827,000. 


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1 (10) For the Army National Guard, 

2 $6,628,525,000. 

3 (11) For the Air National Guard, 

4 $5,980,139,000. 

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

6 the Armed Forces, $14,068,000. 

7 (13) For the Acquisition Development Workforce 

8 Fund, $229,561,000. 

9 (14) For Environmental Restoration, Army, 

10 $444,581,000. 

11 (15) For Environmental Restoration, Navy, 

12 $304,867,000. 

13 (16) For Environmental Restoration, Air Force, 

14 $502,653,000. 

15 (17) For Environmental Restoration, Defense16 wide, $10,744,000. 

17 (18) For Environmental Restoration, Formerly 

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

19 (19) For Overseas Humanitarian, Disaster, and 

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

21 (20) For Cooperative Threat Reduction pro22 grams, $522,512,000. 


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1 Subtitle B—Energy and 

2 Environmental Provisions 

3 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC4 TION AGENCY FOR CERTAIN COSTS IN CON5 NECTION WITH THE TWIN CITIES ARMY AM6 MUNITION PLANT, MINNESOTA. 

7 (a) AUTHORITY TO REIMBURSE.— 

8 (1) TRANSFER AMOUNT.—Using funds described 

9 in subsection (b) and notwithstanding section 2215 of 

10 title 10, United States Code, the Secretary of Defense 

11 may transfer to the Hazardous Substance Superfund 

12 not more than $5,611,670.67 for fiscal year 2011. 

13 (2) PURPOSE OF REIMBURSEMENT.—A payment 

14 made under paragraph (1) is to reimburse the Envi15 ronmental Protection Agency for all costs the Agency 

16 has incurred through fiscal year 2011 relating to the 

17 response actions performed by the Department of De18 fense under the Defense Environmental Restoration 

19 Program at the Twin Cities Army Ammunition 

20 Plant, Minnesota. 

21 (3) INTERAGENCY AGREEMENT.—The reimburse22 ment described in paragraph (2) is provided for in an 

23 interagency agreement entered into by the Depart24 ment of the Army and the Environmental Protection 


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1 Agency for the Twin Cities Army Ammunition Plant 

2 that took effect in December 1987. 

3 (b) SOURCE OF FUNDS.—A payment under subsection 

4 (a) shall be made using funds authorized to be appropriated 

5 for fiscal year 2011 to the Department of Defense for oper6 ation and maintenance for Environmental Restoration, 

7 Army. 

8 (c) USE OF FUNDS.—The Environmental Protection 

9 Agency shall use the amounts transferred under subsection 

10 (a) to pay costs incurred by the Agency at the Twin Cities 

11 Army Ammunition Plant. 

12 SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION 

13 AGENCY OF STIPULATED PENALTIES IN CON14 NECTION WITH NAVAL AIR STATION, BRUNS15 WICK, MAINE. 

16 (a) AUTHORITY TO TRANSFER FUNDS.—From 

17 amounts authorized to be appropriated for fiscal year 2011 

18 for the Department of Defense Base Closure Account 2005, 

19 and notwithstanding section 2215 of title 10, United States 

20 Code, the Secretary of Defense may transfer an amount of 

21 not more than $153,000 to the Hazardous Substance Super22 fund established under subchapter A of chapter 98 of the 

23 Internal Revenue Code of 1986. 

24 (b) PURPOSE OF TRANSFER.—The purpose of a trans25 fer made under subsection (a) is to satisfy a stipulated penVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 alty assessed by the Environmental Protection Agency on 

2 June 12, 2008, against Naval Air Station, Brunswick, 

3 Maine, for the failure of the Navy to sample certain moni4 toring wells in a timely manner pursuant to a schedule in5 cluded in the Federal facility agreement for Naval Air Sta6 tion, Brunswick, which was entered into by the Secretary 

7 of the Navy and the Administrator of the Environmental 

8 Protection Agency on October 19, 1990. 

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

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

11 the Administrator of the Environmental Protection Agency 

12 shall accept the amount transferred as payment in full of 

13 the penalty referred to in subsection (b). 

14 SEC. 313. TESTING AND CERTIFICATION PLAN FOR OPER15 ATIONAL USE OF AN AVIATION BIOFUEL DE16 RIVED FROM MATERIALS THAT DO NOT COM17 PETE WITH FOOD STOCKS. 

18 Not later than one year after the date of the enactment 

19 of this Act, the Secretary of Defense shall submit to Congress 

20 a testing and certification plan for the operational use of 

21 a biofuel that— 

22 (1) is derived from materials that do not compete 

23 with food stocks; and 

24 (2) is suitable for use for military purposes as 

25 an aviation fuel or in an aviation-fuel blend. 


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1 SEC. 314. REPORT IDENTIFYING HYBRID OR ELECTRIC PRO2 PULSION SYSTEMS AND OTHER FUEL-SAVING 

3 TECHNOLOGIES FOR INCORPORATION INTO 

4 TACTICAL MOTOR VEHICLES. 

5 (a) IDENTIFICATION OF USABLE ALTERNATIVE TECH6 NOLOGY.—Not later than 180 days after the date of the en7 actment of this Act, the Secretary of each military depart8 ment shall submit to Congress a report identifying hybrid 

9 or electric propulsion systems and other vehicle technologies 

10 that reduce consumption of fossil fuels and are suitable for 

11 incorporation into the current fleet of tactical motor vehi12 cles of each Armed Force under the jurisdiction of the Sec13 retary. In identifying suitable alternative technologies, the 

14 Secretary shall consider the feasibility and cost of incor15 porating the technology, the design changes and amount of 

16 time required for incorporation, and the overall impact of 

17 incorporation on vehicle performance. 

18 (b) HYBRID DEFINED.—In this section, the term ‘‘hy19 brid’’ refers to a propulsion system, including the engine 

20 and drive train, that draws energy from onboard sources 

21 of stored energy that involve— 

22 (1) an internal combustion or heat engine using 

23 combustible fuel; and 

24 (2) a rechargeable energy storage system. 


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1 Subtitle C—Workplace and Depot 

2 Issues 

3 SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR 

4 SERVICE CONTRACT INVENTORY. 

5 Section 2330a(c)(1) of title 10, United States Code, is 

6 amended— 

7 (1) in the matter preceding subparagraph (A), 

8 by inserting after the first sentence the following new 

9 sentence: ‘‘The guidance for compiling the inventory 

10 shall be issued by the Under Secretary of Defense for 

11 Personnel and Readiness, as supported by the Under 

12 Secretary of Defense (Comptroller) and the Under 

13 Secretary of Defense for Acquisition, Technology, and 

14 Logistics.’’; and 

15 (2) by striking subparagraph (E) and inserting 

16 the following new subparagraph (E): 

17 ‘‘(E) The number and work location of con18 tractor employees, expressed as full-time equivalents 

19 for direct labor, using direct labor hours and associ20 ated cost data collected from contractors.’’. 


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1 SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF 

2 FUNCTIONS PERFORMED UNDER PRIME VEN3 DOR CONTRACTS FOR DEPOT-LEVEL MAINTE4 NANCE AND REPAIR. 

5 Section 346 of the Strom Thurmond National Defense 

6 Authorization Act for Fiscal Year 1999 (Public Law 105– 

7 261; 112 Stat. 1979; 10 U.S.C. 2464 note) is repealed. 

8 SEC. 323. PILOT PROGRAM ON BEST VALUE FOR CON9 TRACTS FOR PRIVATE SECURITY FUNCTIONS. 

10 (a) PILOT PROGRAM AUTHORIZED.—Not later than 

11 180 days after the date of the enactment of this Act, the 

12 Secretary of Defense shall establish a pilot program under 

13 which the Secretary shall implement a best value procure14 ment standard in entering into contracts for the provision 

15 of private security functions in Afghanistan and Iraq. In 

16 entering into a covered contract under the pilot program, 

17 in addition to taking into consideration the cost of the con18 tract, the Secretary shall take into consideration each of the 

19 following: 

20 (1) Past performance. 

21 (2) Quality. 

22 (3) Delivery. 

23 (4) Management expertise. 

24 (5) Technical approach. 

25 (6) Experience of key personnel. 

26 (7) Management structure. 


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1 (8) Risk. 

2 (9) Such other matters as the Secretary deter3 mines are appropriate. 

4 (b) JUSTIFICATION.—A covered contract under the 

5 pilot program may not be awarded unless the contracting 

6 officer for the contract justifies in writing the reason for 

7 the award of the contract. 

8 (c) ANNUAL REPORT.—Not later than January 15 of 

9 each year the pilot program under this section is carried 

10 out, the Secretary of Defense shall submit to the congres11 sional defense committees an unclassified report containing 

12 each of the following: 

13 (1) A list of any covered contract awarded for 

14 private security functions in Afghanistan and Iraq 

15 under the pilot program. 

16 (2) A description of the matters that the Sec17 retary of Defense took into consideration, in addition 

18 to cost, in awarding each such contract. 

19 (3) Any additional information or recommenda20 tions the Secretary considers appropriate to include 

21 with respect to the pilot program, the contracts 

22 awarded under the pilot program, or the consider23 ations for evaluating such contracts. 

24 (d) TERMINATION OF PROGRAM.—The authority of the 

25 Secretary of Defense to carry out a pilot program under 


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1 this section terminates on September 30, 2013. The termi2 nation of the authority shall not affect the validity of con3 tracts that are awarded or modified during the period of 

4 the pilot program, without regard to whether the contracts 

5 are performed during the period. 

6 (e) DISCRETIONARY IMPLEMENTATION AFTER SEP7 TEMBER 30, 2013.—After September 30, 2013, implementa8 tion of a best value procurement standard in entering into 

9 contracts for the provision of private security functions in 

10 Afghanistan and Iraq shall be at the discretion of the Sec11 retary of Defense. 

12 (f) DEFINITIONS.—In this section: 

13 (1) The term ‘‘best value’’ means providing the 

14 best overall benefit to the Government in accordance 

15 with the tradeoff process described in section 15.101- 

16 1 of title 48 of the Code of Federal Regulations. 

17 (2) The term ‘‘covered contract’’ means— 

18 (A) a contract of the Department of Defense 

19 for the performance of services; or 

20 (B) a task order or delivery order issued 

21 under such a contract. 

22 (3) The term ‘‘private security functions’’ means 

23 guarding, by a contractor under a covered contract, 

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1 cy, the contractor, a subcontractor of a contractor, or 

2 a third party. 

3 SEC. 324. STANDARDS AND CERTIFICATION FOR PRIVATE 

4 SECURITY CONTRACTORS. 

5 (a) THIRD-PARTY CERTIFICATION POLICY GUID6 ANCE.—Not later than 270 days after the date of the enact7 ment of this Act, the Secretary of Defense shall issue policy 

8 guidance requiring, as a condition for award of a covered 

9 contract for the provision of private security functions, that 

10 each contractor receive certification from a third party that 

11 the contractor adheres to specified operational and business 

12 practice standards. The guidance shall— 

13 (1) establish criteria for defining standard prac14 tices for the performance of private security functions, 

15 which shall reflect input from industry representa16 tives as well as the Inspector General of the Depart17 ment of Defense; 

18 (2) establish criteria for weapons training pro19 grams for contractors performing private security 

20 functions, including minimum requirements for 

21 weapons training programs of instruction and min22 imum qualifications for instructors for such pro23 grams; and 

24 (3) identify organizations that can carry out the 

25 certifications. 


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1 (b) REGULATIONS REQUIRED.—Not later than 270 

2 days after the date of the enactment of this Act, the Sec3 retary of Defense shall revise the Department of Defense 

4 supplement to the Federal Acquisition Regulation to carry 

5 out the requirements of this section and the guidance issued 

6 under this section. 

7 (c) DEFINITIONS.—In this section: 

8 (1) The term ‘‘covered contract’’ means— 

9 (A) a contract of the Department of Defense 

10 for the performance of services; 

11 (B) a subcontract at any tier under such 

12 contract; 

13 (C) a task order or delivery order issued 

14 under such a contract or subcontract. 

15 (2) The term ‘‘contractor’’ means, with respect to 

16 a covered contract, the contractor or subcontractor 

17 carrying out the covered contract. 

18 (3) The term ‘‘private security functions’’ means 

19 activities engaged in by a contractor under a covered 

20 contract as follows: 

21 (A) Guarding of personnel, facilities, or 

22 property of a Federal agency, the contractor or 

23 subcontractor, or a third party. 


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1 (B) Any other activity for which personnel 

2 are required to carry weapons in the perform3 ance of their duties. 

4 (d) EXCEPTION.—The requirements of this section 

5 shall not apply to contracts entered into by elements of the 

6 intelligence community in support of intelligence activities. 

7 SEC. 325. PROHIBITION ON ESTABLISHING GOALS OR 

8 QUOTAS FOR CONVERSION OF FUNCTIONS TO 

9 PERFORMANCE BY DEPARTMENT OF DE10 FENSE CIVILIAN EMPLOYEES. 

11 (a) PROHIBITION.—The Secretary of Defense may not 

12 establish, apply, or enforce any numerical goal, target, or 

13 quota for the conversion of Department of Defense function 

14 to performance by Department of Defense civilian employ15 ees, unless such goal, target, or quota is based on considered 

16 research and analysis, as required by section 235, 2330a, 

17 or 2463 of title 10, United States Code. 

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

19 functions should be converted to performance by Depart20 ment of Defense civilian employees pursuant to section 2463 

21 of title 10, United States Code, the Secretary of Defense 

22 shall use the costing methodology outlined in the Directive23 Type Memorandum 09-007 (Estimating and Comparing 

24 the Full Costs of Civilian and Military Manpower and Con25 tractor Support) or any successor guidance for the deterVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 mination of costs when costs are the sole basis for the deci2 sion. The Secretary of a military department may issue 

3 supplemental guidance to assist in such decisions affecting 

4 functions of that military department. 

5 (c) REPORTS.— 

6 (1) REPORT TO CONGRESS.—Not later than De7 cember 31, 2010, the Secretary of Defense shall submit 

8 to the congressional defense committees a report on 

9 the decisions with respect to the conversion of func10 tions to performance by Department of Defense civil11 ian employees made during fiscal year 2010. Such re12 port shall identify, for each such decision— 

13 (A) the agency or service of the Department 

14 involved in the decision; 

15 (B) the basis and rationale for the decision; 

16 and 

17 (C) the number of contractor employees 

18 whose functions were converted to performance 

19 by Department of Defense civilian employees. 

20 (2) COMPTROLLER GENERAL REVIEW.—Not later 

21 than 120 days after the submittal of the report under 

22 paragraph (1), the Comptroller General of the United 

23 States shall submit to the congressional defense com24 mittees an assessment of the report. 


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1 Subtitle D—Reports 

2 SEC. 331. REVISION TO REPORTING REQUIREMENT RELAT3 ING TO OPERATION AND FINANCIAL SUP4 PORT FOR MILITARY MUSEUMS. 

5 (a) CHANGE IN FREQUENCY OF REPORT.—Subsection 

6 (a) of section 489 of title 10, United States Code, is amend7 ed by striking ‘‘As part of’’ and all that follows through 

8 ‘‘fiscal year—’’ and inserting the following: ‘‘As part of the 

9 budget materials submitted to Congress for every odd-num10 bered fiscal year, in connection with the submission of the 

11 budget for that fiscal year pursuant to section 1105 of title 

12 31, the Secretary of Defense shall submit to Congress a re13 port on military museums. In each such report, the Sec14 retary shall identify all military museums that, during the 

15 most recently completed two fiscal-year period—’’ 

16 (b) REPEAL OF REQUIRED REPORT ELEMENT.—Sub17 section (b) of such section is amended— 

18 (1) by striking paragraph (5); and 

19 (2) by redesignating paragraph (6) as para20 graph (5). 

21 (c) CLERICAL AMENDMENTS.— 

22 (1) SECTION HEADING.—The heading of such sec23 tion is amended to read as follows: 


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1 ‘‘§ 489. Department of Defense operation and finan2 cial support for military museums: bien3 nial report’’. 

4 (2) TABLE OF SECTIONS.—The table of sections 

5 at the beginning of chapter 23 of such title is amend6 ed by striking the item relating to section 489 and in7 serting the following new item: 

‘‘489. Department of Defense operation and financial support for military museums: biennial report.’’. 

8 SEC. 332. ADDITIONAL REPORTING REQUIREMENTS RELAT9 ING TO CORROSION PREVENTION PROJECTS 

10 AND ACTIVITIES. 

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

12 amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (C), by striking ‘‘The’’ 

15 and inserting ‘‘For the fiscal year covered by the 

16 report and the preceding fiscal year, the’’; and 

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

18 subparagraph: 

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

20 and the preceding fiscal year, the amount of funds re21 quested in the budget for each project or activity de22 scribed in subparagraph (E) compared to the funding 

23 requirements for the project or activity.’’; 


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

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

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

4 (3) by adding at the end the following new para5 graph: 

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

7 an annex to the report, a copy of the annual corrosion re8 port most recently submitted by the corrosion control and 

9 prevention executive of each military department under sec10 tion 903(b)(5) of the Duncan Hunter National Defense Au11 thorization Act for Fiscal Year 2009 (Public Law 110-417; 

12 122 Stat. 4567; 10 U.S.C. 2228 note).’’. 

13 SEC. 333. MODIFICATION AND REPEAL OF CERTAIN RE14 PORTING REQUIREMENTS. 

15 (a) MODIFICATION OF REPORT ON ARMY PROGRESS.— 

16 Section 323 of the John Warner National Defense Author17 ization Act for Fiscal Year 2007 (Public Law 109-364; 120 

18 Stat. 2146; 10 U.S.C. 229 note) is amended— 

19 (1) by striking subsection (c) and redesignating 

20 subsections (d) and (e) as subsections (c) and (d), re21 spectively; and 

22 (2) in subsection (d), as so redesignated, by 

23 striking ‘‘or (d)’’. 

24 (b) REPEAL OF REPORT ON DISPOSITION OF RESERVE

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1 fense Authorization Act for Fiscal Year 2007 (Public Law 

2 109-364) is amended by striking section 349. 

3 (c) REPEAL OF REPORT ON READINESS OF GROUND

4 FORCES.—Title III of the National Defense Authorization 

5 Act for Fiscal Year 2008 (Public Law 110-181) is amended 

6 by striking section 355. 

7 SEC. 334. REPORT ON AIR SOVEREIGNTY ALERT MISSION. 

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

9 2011, the Commander of the United States Northern Com10 mand and the North American Aerospace Defense Com11 mand (hereinafter in this section referred to as 

12 ‘‘NORTHCOM’’) shall submit to the Committee on Armed 

13 Services of the Senate and the Committee on Armed Service 

14 of the House of Representatives a report on the Air Sov15 ereignty Alert (hereinafter in this section referred to as 

16 ‘‘ASA’’) Mission and Operation Noble Eagle (hereinafter in 

17 this section referred to as ‘‘ONE’’). 

18 (b) CONSULTATION.—NORTHCOM shall consult with 

19 the Director of the National Guard Bureau who shall be 

20 authorized to review and provide independent analysis and 

21 comments on the report required under subsection (a). 

22 (c) CONTENTS OF REPORT.—The report required 

23 under subsection (a) shall include each of the following: 

24 (1) An evaluation of the current ASA mission 

25 and ONE. 


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1 (2) An evaluation of each of the following: 

2 (A) The current ability to perform the mis3 sion with regards to training, equipment, fund4 ing, and military construction. 

5 (B) Any current deficiencies in the mission. 

6 (C) Any changes in threats which would 

7 allow for any change in number of ASA sites or 

8 force structure required to support the ASA mis9 sion. 

10 (D) Future ability to perform the ASA mis11 sion with current and programmed equipment. 

12 (E) Coverage of units with respect to— 

13 (i) population centers covered; 

14 (ii) targets of value covered, including 

15 symbolic (national monuments, sports 

16 venue, and centers of commerce), critical in17 frastructure (nuclear plants, dams, bridges, 

18 and telecommunication nodes) and national 

19 security (military bases and organs of gov20 ernment); and 

21 (iii) an unclassified, notional area of 

22 responsibility conforming to the unclassified 

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1 lation covered and number of targets de2 scribed in clause (ii). 

3 (3) Status of implementation of the recommenda4 tions made in the Government Accountability Office 

5 Report entitled ‘‘Actions Needed to Improve Manage6 ment of Air Sovereignty Alert Operations to Protect 

7 U.S. Airspace’’ (GAO-09-184). 

8 (d) MEANS OF DELIVERY OF REPORT.—The report re9 quired by subsection (a) shall be unclassified, and 

10 NORTHCOM shall brief the Committees on Armed Services 

11 of the Senate and House of Representatives at the appro12 priate classification level. 

13 SEC. 335. REPORT ON THE SEAD/DEAD MISSION REQUIRE14 MENT FOR THE AIR FORCE. 

15 (a) REPORT REQUIRED.—Not later than 120 days 

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

17 of the Air Force shall submit to the Committee on Armed 

18 Services of the Senate and the Committee on Armed Service 

19 of the House of Representatives a report describing the feasi20 bility and desirability of designating the Suppression of 

21 Enemy Air Defenses/Destruction of Enemy Air Defenses 

22 (hereinafter in this section referred to as ‘‘SEAD/DEAD’’) 

23 mission as a responsibility of the Air National Guard . 

24 (b) CONTENTS OF REPORT.—The report required 

25 under subsection (a) shall include each of the following: 


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1 (1) An evaluation of the SEAD/DEAD mission, 

2 as in effect on the date of the enactment of this Act. 

3 (2) An evaluation of the following with respect to 

4 the SEAD/DEAD mission: 

5 (A) The current ability of the Air National 

6 Guard to perform the mission with regards to 

7 training, equipment, funding, and military con8 struction. 

9 (B) Any current deficiencies of the Air Na10 tional Guard to perform the mission. 

11 (C) The corrective actions and costs re12 quired to address any deficiencies described in 

13 subparagraph (B). 

14 (D) The need for SEAD/DEAD ranges to be 

15 constructed on existing ranges operated, con16 trolled, or used by Air National Guard units 

17 based on geographic considerations of proximity 

18 and utility. 

19 (c) CONSULTATION.—The Secretary of the Air Force 

20 shall consult with the Director of the National Guard Bu21 reau who shall be authorized to review and provide inde22 pendent analysis and comments on the report required 

23 under subsection (a). 


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1 Subtitle E—Limitations and 

2 Extensions of Authority 

3 SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE 

4 LANDING FEES CHARGED FOR USE OF DO5 MESTIC MILITARY AIRFIELDS BY CIVIL AIR6 CRAFT. 

7 (a) IN GENERAL.—Chapter 159 of title 10, United 

8 States Code, is amended by adding at the end the following 

9 new section: 

10 ‘‘§ 2697. Acceptance and use of landing fees charged 

11 for use of domestic military airfields by 

12 civil aircraft. 

13 ‘‘(a) AUTHORITY.—The Secretary of a military de14 partment may impose landing fees for the use by civil air15 craft of domestic military airfields under the jurisdiction 

16 of that Secretary and may use any fees received under this 

17 section as a source of funding for the operation and mainte18 nance of airfields of that department. 

19 ‘‘(b) UNIFORM LANDING FEES.—The Secretary of De20 fense shall prescribe the amount of the landing fees that may 

21 be imposed under this section. Such fees shall be uniform 

22 among the military departments. 

23 ‘‘(c) USE OF PROCEEDS.—Amounts received for a fis24 cal year in payment of landing fees imposed under this sec25 tion for the use of a military airfield shall be credited to 


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1 the appropriation that is available for that fiscal year for 

2 the operation and maintenance of that military airfield, 

3 shall be merged with amounts in the appropriation to which 

4 credited, and shall be available for that military airfield 

5 for the same period and purposes as the appropriation is 

6 available.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of such chapter is amended by adding at the 

9 end the following new item: 

‘‘2697. Acceptance and use of landing fees charged for use of domestic military 

airfields by civil aircraft.’’. 

10 SEC. 342. IMPROVEMENT AND EXTENSION OF ARSENAL 

11 SUPPORT PROGRAM INITIATIVE. 

12 (a) IMPROVEMENT.— 

13 (1) IN GENERAL.—Section 343 of the Floyd D. 

14 Spence National Defense Authorization Act for Fiscal 

15 Year 2001 (Public Law 106-398; 10 U.S.C. 4551 

16 note) is amended— 

17 (A) in subsection (b), by striking para18 graphs (3) and (4) and redesignating para19 graphs (5) through (11) as paragraphs (3) 

20 through (9), respectively; 

21 (B) by striking subsection (d) and redesig22 nating subsections (e), (f), and (g) as subsections 

23 (d), (e), and (f), respectively. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall take effect on the date of the 

3 enactment of this Act. 

4 (b) PRIORITIZATION OF PROGRAM PURPOSES.—The 

5 Secretary of the Army shall— 

6 (1) prioritize the purposes of the Arsenal Sup7 port Program Initiative under section 343(b) of the 

8 Floyd D. Spence National Defense Authorization Act 

9 for Fiscal Year 2001 (Public Law 106-398; U.S.C. 

10 4551 note), as amended by subsection (a)(1)(A); and 

11 (2) issue guidance to the appropriate commands 

12 reflecting such priorities. 

13 (c) EXTENSION.— 

14 (1) IN GENERAL.—Such section, as amended by 

15 subsection (a)(1) of this section, is further amended— 

16 (A) in subsection (a), by striking ‘‘2010’’ 

17 and inserting ‘‘2012’’; and 

18 (B) in paragraph (1) of subsection (f), as 

19 redesignated by subsection (a)(1)(B) of this sec20 tion, by striking ‘‘2010’’ and inserting ‘‘2012’’. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by paragraph (1) shall take effect on the date of the 

23 submittal of the report required under subsection (d). 

24 (d) REPORT REQUIRED.—Not later than 90 days after 

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


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1 Army shall submit to Congress a report on the Arsenal Sup2 port Program Initiative that includes— 

3 (1) the Secretary’s determination with respect to 

4 the Army’s highest priorities from among the pur5 poses of the Arsenal Support Program Initiative 

6 under section 343(b) of the Floyd D. Spence National 

7 Defense Authorization Act for Fiscal Year 2001 (Pub8 lic Law 106-398; U.S.C. 4551 note), as amended by 

9 subsection (a)(1)(A), reflecting the Secretary’s overall 

10 strategy to achieve desired results; 

11 (2) performance goals for the Arsenal Support 

12 Program Initiative; and 

13 (3) outcome-focused performance measures to as14 sess the progress the Army has made toward address15 ing the purposes of the Arsenal Support Program Ini16 tiative. 

17 SEC. 343. EXTENSION OF AUTHORITY TO REIMBURSE EX18 PENSES FOR CERTAIN NAVY MESS OPER19 ATIONS. 

20 Section 1014(b) of the Duncan Hunter National De21 fense Authorization Act for Fiscal Year 2009 (Public Law 

22 110-417; 122 Stat. 4585) is amended by striking ‘‘Sep23 tember 30, 2010’’ and inserting ‘‘September 30, 2012’’. 


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1 SEC. 344. LIMITATION ON OBLIGATION OF FUNDS FOR THE 

2 ARMY HUMAN TERRAIN SYSTEM. 

3 (a) LIMITATION.—Of the amounts authorized to be ap4 propriated for the Human Terrain System (hereinafter in 

5 this section referred to as the ‘‘HTS’’) that are described 

6 in subsection (b), not more than 50 percent of the amounts 

7 remaining unobligated as of the date of enactment of this 

8 Act may be obligated until the Secretary of the Army sub9 mits to the congressional defense committees each of the fol10 lowing: 

11 (1) The independent assessment of the HTS 

12 called for in the report of the Committee on Armed 

13 Services of the House of Representatives accom14 panying the National Defense Authorization Act for 

15 Fiscal Year 2010 (H. Rept. 111-166). 

16 (2) A validation of all HTS requirements, in17 cluding any prior joint urgent operations needs state18 ments. 

19 (3) A certification that policies, procedures, and 

20 guidance are in place to protect the integrity of social 

21 science researchers participating in HTS, including 

22 ethical guidelines and human studies research proce23 dures. 

24 (b) COVERED AUTHORIZATIONS OR APPROPRIA25 TIONS.—The amounts authorized to be appropriated de26 scribed in this subsection are amounts authorized to be apVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 propriated for fiscal year 2011, including such amounts au2 thorized to be appropriated for oversees contingency oper3 ations, for— 

4 (1) Operation and maintenance for HTS; 

5 (2) Procurement for Mapping the Human Ter6 rain hardware and software; and 

7 (3) Research, development, test, and evaluation 

8 for Mapping the Human Terrain hardware and soft9 ware. 

10 SEC. 345. LIMITATION ON OBLIGATION OF FUNDS PENDING 

11 SUBMISSION OF CLASSIFIED JUSTIFICATION 

12 MATERIAL. 

13 Of the amounts authorized to be appropriated in this 

14 title for fiscal year 2011 for the Office of the Secretary of 

15 Defense for budget activity four, line 270, not more than 

16 90 percent may be obligated until 15 days after the infor17 mation cited in the classified annex accompanying this Act 

18 relating to the provision of classified justification material 

19 to Congress is provided to the congressional defense commit20 tees. 

21 SEC. 346. LIMITATION ON RETIREMENT OF C-130 AIRCRAFT 

22 FROM AIR FORCE INVENTORY. 

23 The Secretary of the Air Force may not take any ac24 tion to retire any C-130 aircraft from the inventory of the 

25 Air Force until 30 days after the date on which the SecVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 retary submits to the congressional defense committees a 

2 written agreement between the Director of the Air National 

3 Guard, the Commander of Air Force Reserve Command, 

4 and the Chief of Staff of the Air Force. The agreement shall 

5 specify the following: 

6 (1) The number of and type of C-130 aircraft to 

7 be transferred, on a temporary basis, from the Air 

8 National Guard to the Air Force. 

9 (2) The schedule by which any C-130 aircraft 

10 transferred to the Air Force will be returned to the 

11 Air National Guard. 

12 (3) A description of the condition, including the 

13 estimated remaining service life, in which the C-130 

14 aircraft will be returned to the Air National Guard 

15 following the period during which the aircraft are on 

16 loan to the Air Force. 

17 (4) A description of the allocation of resources, 

18 including the designation of responsibility for funding 

19 aircraft operations and maintenance, in fiscal year 

20 2011, and detailed description of budgetary respon21 sibilities through the remaining period the aircraft 

22 are on loan to the Air Force. 

23 (5) The designation of responsibility for funding 

24 depot maintenance requirements or modifications to 

25 the aircraft during the period the aircraft are on loan 


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1 with the Air Force, or otherwise generated as a result 

2 of transfer. 

3 (6) The locations from which the C-130 aircraft 

4 will be transferred. 

5 (7) The manpower planning and certification 

6 that such a transfer will not result in manpower au7 thorization reductions or resourcing at the Air Na8 tional Guard facilities identified in paragraph (6). 

9 (8) The manner by which Air National Guard 

10 personnel affected by the transfer will maintain their 

11 skills and proficiencies in order to preserve readiness 

12 at the affected units. 

13 (9) Any other items the Director of the Air Na14 tional Guard or the Commander of Air Force Reserve 

15 Command determine are necessary in order to ensure 

16 such a transfer will not negatively impact the ability 

17 of the Air National Guard and Air Force Reserve to 

18 accomplish their respective missions. 

19 SEC. 347. COMMERCIAL SALE OF SMALL ARMS AMMUNITION 

20 IN EXCESS OF MILITARY REQUIREMENTS. 

21 (a) COMMERCIAL SALE OF SMALL ARMS AMMUNI22 TION.—Small arms ammunition and ammunition compo23 nents in excess of military requirements, including fired 

24 cartridge cases, which is not otherwise prohibited from com25 mercial sale or certified by the Secretary of Defense as unVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 serviceable or unsafe, may not be demilitarized or destroyed 

2 and shall be made available for commercial sale. 

3 (b) DEADLINE FOR GUIDANCE.—Not later than 90 

4 days after the date of the enactment of this Act, the Sec5 retary of Defense shall issue guidance to ensure compliance 

6 with subsection (a). Not later than 15 days after issuing 

7 such guidance, the Secretary shall submit to the congres8 sional defense committees a letter of compliance providing 

9 notice of such guidance. 

10 SEC. 348. LIMITATION ON AIR FORCE FISCAL YEAR 2011 

11 FORCE STRUCTURE ANNOUNCEMENT IMPLE12 MENTATION. 

13 None of the amounts authorized to be appropriated by 

14 this Act or otherwise made available for fiscal year 2011 

15 may be obligated or expended for the purpose of imple16 menting the Air Force fiscal year 2011 Force Structure An17 nouncement until 45 days after— 

18 (1) the Secretary of the Air Force provides a de19 tailed report to the Committees on Armed Services of 

20 the Senate and House of Representatives on the fol21 low-on missions for bases affected by the 2010 Combat 

22 Air Forces restructure; and 

23 (2) the Secretary of the Air Force certifies to the 

24 Committees on Armed Services of the Senate and 

25 House of Representatives that the Air Sovereignty 


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1 Alert Mission will be fully resourced with required 

2 funding, personnel, and aircraft. 

3 Subtitle F—Other Matters 

4 SEC. 351. EXPEDITED PROCESSING OF BACKGROUND IN5 VESTIGATIONS FOR CERTAIN INDIVIDUALS. 

6 (a) EXPEDITED PROCESSING OF SECURITY CLEAR7 ANCES.—Section 1564 of title 10, United States Code, is 

8 amended— 

9 (1) by striking subsection (a) and inserting the 

10 following new subsection (a): 

11 ‘‘(a) EXPEDITED PROCESS.—The Secretary of Defense 

12 may prescribe a process for expediting the completion of 

13 the background investigations necessary for granting secu14 rity clearances for— 

15 ‘‘(1) Department of Defense personnel and De16 partment of Defense contractor personnel who are en17 gaged in sensitive duties that are critical to the na18 tional security; and 

19 ‘‘(2) any individual who submits an application 

20 for a position as an employee of the Department of 

21 Defense for which a security clearance is required who 

22 is a member of the armed forces who was retired or 

23 separated for physical disability pursuant to chapter 

24 61 of this title.’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(f) USE OF APPROPRIATED FUNDS.—The Secretary 

4 of Defense may use funds authorized to be appropriated to 

5 the Department of Defense for operation and maintenance 

6 to conduct background investigations under this section for 

7 individuals described in subsection (a)(2).’’. 

8 (b) EFFECTIVE DATE.—The amendment made by sub9 section (a) shall apply with respect to a background inves10 tigation conducted after the date of the enactment of this 

11 Act. 

12 SEC. 352. ADOPTION OF MILITARY WORKING DOGS BY FAM13 ILY MEMBERS OF DECEASED OR SERIOUSLY 

14 WOUNDED MEMBERS OF THE ARMED FORCES 

15 WHO WERE HANDLERS OF THE DOGS. 

16 Section 2583(c) of title 10, United States Code, is 

17 amended— 

18 (1) by inserting ‘‘(1)’’ before ‘‘Military animals’’; 

19 and 

20 (2) by adding at the end the following new para21 graph: 

22 ‘‘(2) For purposes of making a determination under 

23 subsection (a)(2), unusual or extraordinary circumstances 

24 may include situations in which the handler of a military 

25 working dog is a member of the armed forces who is killed 


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1 in action, dies of wounds received in action, or is so seri2 ously wounded in action that the member will (or most like3 ly will) receive a medical discharge. If the Secretary of the 

4 military department concerned determines that an adop5 tion is justified in such a situation, the military working 

6 dog shall be made available for adoption only by the imme7 diate family of the member.’’. 

8 SEC. 353. REVISION TO AUTHORITIES RELATING TO TRANS9 PORTATION OF CIVILIAN PASSENGERS AND 

10 COMMERCIAL CARGOES BY DEPARTMENT OF 

11 DEFENSE WHEN SPACE UNAVAILABLE ON 

12 COMMERCIAL LINES. 

13 (a) TRANSPORTATION ON DOD VEHICLES AND AIR14 CRAFT.—Subsection (a) of section 2649 of title 10, United 

15 States Code, is amended— 

16 (1) by inserting ‘‘AUTHORITY.—’’ before ‘‘When17 ever’’; and 

18 (2) by inserting ‘‘, vehicles, or aircraft’’ in the 

19 first sentence after ‘‘vessels’’ both places it appears. 

20 (b) AMOUNTS CHARGED FOR TRANSPORTATION IN

21 EMERGENCY, DISASTER, OR HUMANITARIAN RESPONSE

22 CASES.— 

23 (1) LIMITATION ON AMOUNTS CHARGED.—The 

24 second sentence of subsection (a) of such section is 

25 amended by inserting before the period the following: 


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1 ‘‘, except that in the case of transportation provided 

2 in response to an emergency, a disaster, or a request 

3 for humanitarian assistance, any amount charged for 

4 such transportation may not exceed the cost of pro5 viding the transportation’’. 

6 (2) CREDITING OF RECEIPTS.—Subsection (b) of 

7 such section is amended by striking ‘‘Amounts’’ and 

8 inserting ‘‘CREDITING OF RECEIPTS.—Any amount 

9 received under this section with respect to transpor10 tation provided in response to an emergency, a dis11 aster, or a request for humanitarian assistance may 

12 be credited to the appropriation, fund, or account 

13 used in incurring the obligation for which such 

14 amount is received. In all other cases, amounts’’. 

15 (c) TRANSPORTATION DURING CONTINGENCIES OR

16 DISASTER RESPONSES.—Such section is further amended 

17 by adding at the end the following new subsection: 

18 ‘‘(c) TRANSPORTATION OF ALLIED PERSONNEL DUR19 ING CONTINGENCIES OR DISASTER RESPONSES.—(1) Dur20 ing the five-year period beginning on the date of the enact21 ment of the National Defense Authorization Act for Fiscal 

22 Year 2011, when space is available on vessels, vehicles, or 

23 aircraft operated by the Department of Defense and the Sec24 retary of Defense determines that operations in the area of 

25 a contingency operation or disaster response would be faVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 cilitated if allied forces or civilians were to be transported 

2 using such vessels, vehicles, or aircraft, the Secretary may 

3 provide such transportation on a noninterference basis, 

4 without charge. 

5 ‘‘(2) Not later than March 1 of each year following 

6 a year in which the Secretary provides transportation 

7 under paragraph (1), the Secretary shall submit to the 

8 Committees on Armed Services of the Senate and House of 

9 Representatives a report describing, in detail, the transpor10 tation so provided during that year. Each such report shall 

11 include a description of each of the following: 

12 ‘‘(A) How the authority under paragraph (1) 

13 was used during the year covered by the report. 

14 ‘‘(B) The frequency with which such authority 

15 was used during that year. 

16 ‘‘(C) The rationale of the Secretary for each such 

17 use of the authority. 

18 ‘‘(D) The total cost of the transportation pro19 vided under paragraph (1) during that year. 

20 ‘‘(E) The appropriation, fund, or account cred21 ited and the total amount received as a result of pro22 viding transportation under paragraph (1) during 

23 that year.’’. 


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1 (d) CONFORMING AMENDMENT.—Section 2648 of such 

2 title is amended by inserting ‘‘, vehicles, or aircraft’’ after 

3 ‘‘vessels’’ in the matter preceding paragraph (1). 

4 (e) TECHNICAL AMENDMENTS.— 

5 (1) The heading of section 2648 of such title is 

6 amended to read as follows: 

7 ‘‘§ 2648. Persons and supplies: sea, land, and air 

8 transportation’’. 

9 (2) The heading of section 2649 of such title is 

10 amended to read as follows: 

11 ‘‘§ 2649. Civilian passengers and commercial cargoes: 

12 transportation on Department of Defense 

13 vessels, vehicles, and aircraft’’. 

14 (f) CLERICAL AMENDMENTS.—The table of sections at 

15 the beginning of chapter 157 of such title is amended by 

16 striking the items relating to sections 2648 and 2649 and 

17 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.’’. 


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1 SEC. 354. TECHNICAL CORRECTION TO OBSOLETE REF2 ERENCE RELATING TO USE OF FLEXIBLE HIR3 ING AUTHORITY TO FACILITATE PERFORM4 ANCE OF CERTAIN DEPARTMENT OF DEFENSE 

5 FUNCTIONS BY CIVILIAN EMPLOYEES. 

6 2463(d)(1) of title 10, United States Code, is amended 

7 by striking ‘‘under the National Security Personnel System, 

8 as established’’. 

9 SEC. 355. INVENTORY AND STUDY OF BUDGET MODELING 

10 AND SIMULATION TOOLS. 

11 (a) INVENTORY.— 

12 (1) INVENTORY REQUIRED.—The Comptroller 

13 General of the United States shall perform an inven14 tory of all modeling and simulation tools used by the 

15 Department of Defense to develop and analyze the De16 partment’s annual budget submission and to support 

17 decision making inside the budget process. In car18 rying out the inventory, the Comptroller General shall 

19 identify the purpose, scope, and levels of validation, 

20 verification, and accreditation of each such model and 

21 simulation. 

22 (2) REPORT.—Not later than December 1, 2010, 

23 the Comptroller General shall submit to Committees 

24 on Armed Services of the Senate and House of Rep25 resentatives and the Secretary of Defense a report on 

26 the inventory under paragraph (1) and the findings 


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1 of the Comptroller General in carrying out the inven2 tory. 

3 (b) STUDY.— 

4 (1) STUDY REQUIRED.—By not later than Janu5 ary 15, 2011, the Secretary of Defense shall seek to 

6 enter into a contract with a federally funded research 

7 and development center to carry out a study exam8 ining the requirements for and capabilities of mod9 eling and simulation tools used by the Department of 

10 Defense to support the annual budget process. A con11 tract entered into under this paragraph shall specify 

12 that in carrying out the study, the center shall— 

13 (A) use the inventory performed by the 

14 Comptroller General under subsection (a) as a 

15 baseline; 

16 (B) examine the efficacy and sufficiency of 

17 the modeling and simulation tools used by the 

18 Department of Defense to support the develop19 ment, analysis, and decision-making associated 

20 with the construction and validation of require21 ments used as a basis for the annual budget 

22 process of the Department; 

23 (C) examine the requirements and any ca24 pability gaps with respect to such modeling and 

25 simulation tools; 


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1 (D) provide recommendations as to how the 

2 Department should best address the requirements 

3 and fill the capabilities gaps identified under 

4 subparagraph (C); 

5 (E) identify annual investment levels in 

6 modeling and simulation tools and certifications 

7 required to achieve a high degree of confidence in 

8 the relationship between the Department’s mis9 sion effectiveness and the budget materials sub10 mitted to the President by the Secretary of De11 fense in connection with the submission to Con12 gress, pursuant to section 1105 of title 31, 

13 United States Code, of the budget for a fiscal 

14 year; 

15 (F) examine the verification, validation, 

16 and accreditation requirements for each of the 

17 military services and provide recommendations 

18 with respect to establishing uniform standards 

19 for such requirements across all of the military 

20 services; and 

21 (G) recommend improvements to enhance 

22 the confidence, efficacy, and sufficiency of the 

23 modeling and simulation tools used by the De24 partment of Defense in the development of the 

25 annual budget. 


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1 (2) REPORT.—Not later than January 1, 2012, 

2 the chief executive officer of the center that carries out 

3 the study pursuant to a contract under paragraph (1) 

4 shall submit to the Committees on Armed Services of 

5 the Senate and House of Representatives a report on 

6 the findings of the study. 

7 SEC. 356. SENSE OF CONGRESS REGARDING CONTINUED 

8 IMPORTANCE OF HIGH-ALTITUDE AVIATION 

9 TRAINING SITE, COLORADO. 

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

11 (1) The High-Altitude Aviation Training Site in 

12 Gypsum, Colorado, is the only Department of Defense 

13 aviation school that provides an opportunity for 

14 rotor-wing military pilots to train in high-altitude, 

15 mountainous terrain, under full gross weight and 

16 power management operations. 

17 (2) The High-Altitude Aviation Training Site is 

18 operated by the Colorado Army National Guard and 

19 is available to pilots of all branches of the Armed 

20 Forces and to pilots of allied countries. 

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

22 that— 

23 (1) the High-Altitude Army Aviation Training 

24 Site continues to be critically important to ensuring 


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1 the readiness and capabilities of rotor-wing military 

2 pilots; and 

3 (2) the Department of Defense should take all 

4 appropriate actions to prevent encroachment on the 

5 High-Altitude Army Aviation Training Site. 

6 SEC. 357. DEPARTMENT OF DEFENSE STUDY ON SIMULATED 

7 TACTICAL FLIGHT TRAINING IN A SUSTAINED 

8 G ENVIRONMENT. 

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

10 conduct a study on the effectiveness of simulated tactical 

11 flight training in a sustained g environment. In conducting 

12 the study, the Secretary shall include all relevant factors, 

13 including each of the following: 

14 (1) Training effectiveness. 

15 (2) Cost reductions. 

16 (3) Safety. 

17 (4) Research benefits. 

18 (5) Carbon emissions reduction. 

19 (6) Lifecycles of training aircraft. 

20 (b) DEADLINE FOR COMPLETION.—The study required 

21 by subsection (a) shall be completed not later than 18 

22 months after the date of the enactment of this Act. 

23 (c) SUBMISSION TO CONGRESS.—Upon completion of 

24 the study required by subsection (a), the Secretary shall 


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1 submit the results of the study to the congressional defense 

2 committees. 

3 SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF 

4 OBSTRUCTIONS ON MILITARY INSTALLA5 TIONS AND OPERATIONS. 

6 (a) DESIGNATION OF DEPARTMENT ORGANIZATION.— 

7 Not later than 60 days after the date of the enactment of 

8 this Act, the Secretary of Defense shall designate a single 

9 organization within the Department of Defense to— 

10 (1) serve as the executive agent to carry out the 

11 study required by subsection (b); 

12 (2) serve as a clearinghouse to review applica13 tions filed with the Secretary of Transportation pur14 suant to section 44718 of title 49, United States Code, 

15 and received by the Department of Defense from the 

16 Secretary of Transportation; and 

17 (3) accelerate the development of planning tools 

18 to provide preliminary notice as to the acceptability 

19 to the Department of Defense of proposals included in 

20 an application submitted pursuant to such section. 

21 (b) MILITARY INSTALLATIONS AND OPERATIONS IM22 PACT STUDY.— 

23 (1) STUDY REQUIRED.—Not later than 180 days 

24 after the date of the enactment of this Act, the Sec25 retary of Defense shall carry out a study to identify 


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1 any areas where military installations and military 

2 operations, including the use of air navigation facili3 ties, navigable airspace, military training routes, and 

4 air defense radars, could be affected by any proposed 

5 construction, alteration, establishment, or expansion 

6 of a structure described in section 44718 of title 49, 

7 United States Code. 

8 (2) MILITARY MISSION IMPACT ZONES.—The Sec9 retary of Defense shall publish a notice of the areas 

10 identified pursuant to the study under paragraph (1). 

11 Such areas shall be known as ‘‘military mission im12 pact zones’’. 

13 (c) EFFECT OF DEPARTMENT OF DEFENSE HAZARD

14 ASSESSMENT.—A notice under subsection (a)(3) or (b)(2) 

15 shall not be considered to be a substitute for any assessment 

16 required by the Secretary of Transportation under section 

17 44718 of title 49, United States Code. 

18 (d) SAVINGS PROVISION.—Nothing in this section shall 

19 be construed to affect or limit the application of, or any 

20 obligation to comply with, any environmental law, includ21 ing the National Environmental Policy Act (42 U.S.C. 

22 4321 et seq.). 

23 (e) DEFINITIONS.—In this section: 

24 (1) The term ‘‘military training route’’ means a 

25 training route developed as part of the Military 


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1 Training Route Program, carried out jointly by the 

2 Federal Aviation Administration and the Secretary 

3 Defense, for use by the Armed Forces for the purpose 

4 of conducting low-altitude, high-speed military train5 ing. 

6 (2) The term ‘‘high value military training 

7 route’’ means a military training route that is in the 

8 highest quartile of military training routes used by 

9 the Department of Defense with respect to frequency 

10 of use. 

11 (3) The term ‘‘military installation’’ has the 

12 meaning given that term in section 2801(c)(4) of title 

13 10, United States Code. 

14 (4) The term ‘‘military operation’’ means mili15 tary navigable airspace, including high value mili16 tary training routes, air defense radars, special use 

17 airspace, warning areas, and other military related 

18 systems. 

19 TITLE IV—MILITARY PERSONNEL 

20 AUTHORIZATIONS 

21 Subtitle A—Active Forces 

22 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

23 The Armed Forces are authorized strengths for active 

24 duty personnel as of September 30, 2011, as follows: 

25 (1) The Army, 569,400. 


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1 (2) The Navy, 328,700. 

2 (3) The Marine Corps, 202,100. 

3 (4) The Air Force, 332,200. 

4 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

5 STRENGTH MINIMUM LEVELS. 

6 Section 691(b) of title 10, United States Code, is 

7 amended by striking paragraphs (1) through (4) and insert8 ing the following new paragraphs: 

9 ‘‘(1) For the Army, 547,400. 

10 ‘‘(2) For the Navy, 324,300. 

11 ‘‘(3) For the Marine Corps, 202,100. 

12 ‘‘(4) For the Air Force, 332,200.’’. 

13 Subtitle B—Reserve Forces 

14 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

15 (a) IN GENERAL.—The Armed Forces are authorized 

16 strengths for Selected Reserve personnel of the reserve com17 ponents as of September 30, 2011, as follows: 

18 (1) The Army National Guard of the United 

19 States, 358,200. 

20 (2) The Army Reserve, 205,000. 

21 (3) The Navy Reserve, 65,500. 

22 (4) The Marine Corps Reserve, 39,600. 

23 (5) The Air National Guard of the United 

24 States, 106,700. 

25 (6) The Air Force Reserve, 71,200. 


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1 (7) The Coast Guard Reserve, 10,000. 

2 (b) END STRENGTH REDUCTIONS.—The end strengths 

3 prescribed by subsection (a) for the Selected Reserve of any 

4 reserve component shall be proportionately reduced by— 

5 (1) the total authorized strength of units orga6 nized to serve as units of the Selected Reserve of such 

7 component which are on active duty (other than for 

8 training) at the end of the fiscal year; and 

9 (2) the total number of individual members not 

10 in units organized to serve as units of the Selected 

11 Reserve of such component who are on active duty 

12 (other than for training or for unsatisfactory partici13 pation in training) without their consent at the end 

14 of the fiscal year. 

15 (c) END STRENGTH INCREASES.—Whenever units or 

16 individual members of the Selected Reserve of any reserve 

17 component are released from active duty during any fiscal 

18 year, the end strength prescribed for such fiscal year for 

19 the Selected Reserve of such reserve component shall be in20 creased proportionately by the total authorized strengths of 

21 such units and by the total number of such individual mem22 bers. 


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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

2 DUTY IN SUPPORT OF THE RESERVES. 

3 Within the end strengths prescribed in section 411(a), 

4 the reserve components of the Armed Forces are authorized, 

5 as of September 30, 2011, the following number of Reserves 

6 to be serving on full-time active duty or full-time duty, in 

7 the case of members of the National Guard, for the purpose 

8 of organizing, administering, recruiting, instructing, or 

9 training the reserve components: 

10 (1) The Army National Guard of the United 

11 States, 32,060. 

12 (2) The Army Reserve, 16,261. 

13 (3) The Navy Reserve, 10,688. 

14 (4) The Marine Corps Reserve, 2,261. 

15 (5) The Air National Guard of the United 

16 States, 14,584. 

17 (6) The Air Force Reserve, 2,992. 

18 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

19 (DUAL STATUS). 

20 The minimum number of military technicians (dual 

21 status) as of the last day of fiscal year 2011 for the reserve 

22 components of the Army and the Air Force (notwith23 standing section 129 of title 10, United States Code) shall 

24 be the following: 

25 (1) For the Army Reserve, 8,395. 


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1 (2) For the Army National Guard of the United 

2 States, 27,210. 

3 (3) For the Air Force Reserve, 10,720. 

4 (4) For the Air National Guard of the United 

5 States, 22,394. 

6 SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF 

7 NON-DUAL STATUS TECHNICIANS. 

8 (a) LIMITATIONS.— 

9 (1) NATIONAL GUARD.—Within the limitation 

10 provided in section 10217(c)(2) of title 10, United 

11 States Code, the number of non-dual status techni12 cians employed by the National Guard as of Sep13 tember 30, 2011, may not exceed the following: 

14 (A) For the Army National Guard of the 

15 United States, 2,520. 

16 (B) For the Air National Guard of the 

17 United States, 350. 

18 (2) ARMY RESERVE.—The number of non-dual 

19 status technicians employed by the Army Reserve as 

20 of September 30, 2011, may not exceed 595. 

21 (3) AIR FORCE RESERVE.—The number of non22 dual status technicians employed by the Air Force 

23 Reserve as of September 30, 2011, may not exceed 90. 

24 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

25 this section, the term ‘‘non-dual status technician’’ has the 


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1 meaning given that term in section 10217(a) of title 10, 

2 United States Code. 

3 (c) CONFORMING AMENDMENT TO ANNUAL LIMITATION

4 ON NON-DUAL STATUS TECHNICIANS FOR THE ARMY NA5 TIONAL GUARD.—Section 10217(c)(2) of title 10, United 

6 States Code, is amended by striking ‘‘1,950’’ and inserting 

7 ‘‘2,870’’. 

8 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU9 THORIZED TO BE ON ACTIVE DUTY FOR 

10 OPERATIONAL SUPPORT. 

11 During fiscal year 2011, the maximum number of 

12 members of the reserve components of the Armed Forces who 

13 may be serving at any time on full-time operational sup14 port duty under section 115(b) of title 10, United States 

15 Code, is the following: 

16 (1) The Army National Guard of the United 

17 States, 17,000. 

18 (2) The Army Reserve, 13,000. 

19 (3) The Navy Reserve, 6,200. 

20 (4) The Marine Corps Reserve, 3,000. 

21 (5) The Air National Guard of the United 

22 States, 16,000. 

23 (6) The Air Force Reserve, 14,000. 


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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 hereby authorized to be appropriated to the Department of 

6 Defense for military personnel for fiscal year 2011 a total 

7 of $138,540,700,000. 

8 (b) CONSTRUCTION OF AUTHORIZATION.—The author9 ization of appropriations in subsection (a) supersedes any 

10 other authorization of appropriations (definite or indefi11 nite) for such purpose for fiscal year 2011. 

12 TITLE V—MILITARY PERSONNEL 

13 POLICY 

14 Subtitle A—Officer Personnel Policy 

15 Generally 

16 SEC. 501. AGE FOR HEALTH CARE PROFESSIONAL APPOINT17 MENTS AND MANDATORY RETIREMENTS. 

18 (a) AGE FOR ORIGINAL APPOINTMENT AS A HEALTH

19 PROFESSIONS OFFICER.—Section 532(d)(2) of title 10, 

20 United States Code, is amended by striking ‘‘reserve’’. 

21 (b) ADDITIONAL CATEGORIES OF OFFICERS ELIGIBLE

22 FOR DEFERRAL OF MANDATORY RETIREMENT FOR AGE.— 

23 Section 1251(b) of such title is amended— 

24 (1) in paragraph (1), by striking ‘‘the officer 

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1 viding patient care or performing other clinical du2 ties.’’ and inserting ‘‘the officer— 

3 ‘‘(A) will be performing duties consisting pri4 marily of providing patient care or performing other 

5 clinical duties; or 

6 ‘‘(B) is in a category of officers designated under 

7 subparagraph (D) of paragraph (2) whose duties will 

8 consist primarily of the duties described in clause (i), 

9 (ii), or (iii) of such subparagraph.’’; and 

10 (2) in paragraph (2)— 

11 (A) by striking ‘‘or’’ at the end of subpara12 graph (B); 

13 (B) by striking the period at the end of sub14 paragraph (C) and inserting ‘‘; or’’; and 

15 (C) by adding at the end the following new 

16 subparagraph: 

17 ‘‘(D) an officer in a category of officers des18 ignated by the Secretary concerned for the purposes of 

19 this paragraph as consisting of officers whose duties 

20 consist primarily of— 

21 ‘‘(i) providing health care; 

22 ‘‘(ii) performing other clinical care; or 

23 ‘‘(iii) performing health-care related admin24 istrative duties.’’. 


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1 SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OF2 FICERS IN THE GRADE OF W-1 BY COMMIS3 SION AND STANDARDIZATION OF WARRANT 

4 OFFICER APPOINTING AUTHORITY. 

5 (a) REGULAR OFFICERS.— 

6 (1) AUTHORITY FOR APPOINTMENTS BY COMMIS7 SION IN WARRANT OFFICER W-1 GRADE.—The first 

8 sentence of section 571(b) of title 10, United States 

9 Code, is amended by striking ‘‘by the Secretary con10 cerned’’ and inserting ‘‘, except that, with respect to 

11 an armed force under the jurisdiction of the Secretary 

12 of a military department, the Secretary may provide 

13 by regulation that appointments in that grade shall 

14 be made by commission’’. 

15 (2) APPOINTING AUTHORITY.—The second sen16 tence of section 571(b) of such title is amended by in17 serting before the period at the end the following: ‘‘, 

18 and appointments in the grade of regular warrant of19 ficer, W-1 (whether by warrant or commission), shall 

20 be made by the President, except that appointments 

21 in that grade in the Coast Guard shall be made by 

22 the Secretary of Homeland Security when it is not 

23 operating as a service in the Department of the 

24 Navy’’. 

25 (b) RESERVE OFFICERS.—Subsection (b) of section 

26 12241 of such title is amended to read as follows: 


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1 ‘‘(b) Appointments in permanent reserve warrant offi2 cer grades shall be made in the same manner as is pre3 scribed for regular warrant officer grades by section 571(b) 

4 of this title.’’. 

5 (c) PRESIDENTIAL FUNCTIONS.—Except as otherwise 

6 provided by the President by Executive order, the provisions 

7 of Executive Order 13384 (10 U.S.C. 531 note) relating to 

8 the functions of the President under the second sentence of 

9 section 571(b) of title 10, United States Code, shall apply 

10 in the same manner to the functions of the President under 

11 section 12241(b) of title 10, United States Code. 

12 SEC. 503. NONDISCLOSURE OF INFORMATION FROM DIS13 CUSSIONS, DELIBERATIONS, NOTES, AND 

14 RECORDS OF SPECIAL SELECTION BOARDS. 

15 (a) NONDISCLOSURE OF BOARD PROCEEDINGS.—Sec16 tion 613a of title 10, United States Code, is amended— 

17 (1) by striking subsection (a) and inserting the 

18 following new subsection: 

19 ‘‘(a) PROHIBITION ON DISCLOSURE.—The proceedings 

20 of a selection board convened under section 573, 611, or 628 

21 of this title may not be disclosed to any person not a mem22 ber of the board, except as authorized or required to process 

23 the report of the board. This prohibition is a statutory ex24 emption from disclosure, as described in section 552(b)(3) 

25 of title 5.’’; 


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1 (2) in subsection (b), by striking ‘‘AND

2 RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 

3 and 

4 (3) by adding at the end the following new sub5 section: 

6 ‘‘(c) APPLICABILITY.—This section applies to all selec7 tion boards convened under section 573, 611, or 628 of this 

8 title, regardless of the date on which the board was con9 vened.’’. 

10 (b) REPORTS OF BOARDS.—Section 628(c)(2) of such 

11 title is amended by striking ‘‘sections 576(d) and 576(f)’’ 

12 and inserting ‘‘sections 576(d), 576(f), and 613a’’. 

13 (c) RESERVE BOARDS.—Section 14104 of such title is 

14 amended— 

15 (1) by striking subsection (a) and inserting the 

16 following new subsection: 

17 ‘‘(a) PROHIBITION ON DISCLOSURE.—The proceedings 

18 of a selection board convened under section 14101 or 14502 

19 of this title may not be disclosed to any person not a mem20 ber of the board, except as authorized or required to process 

21 the report of the board. This prohibition is a statutory ex22 emption from disclosure, as described in section 552(b)(3) 

23 of title 5.’’; 


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1 (2) in subsection (b), by striking ‘‘AND

2 RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 

3 and 

4 (3) by adding at the end the following new sub5 section: 

6 ‘‘(c) APPLICABILITY.—This section applies to all selec7 tion boards convened under section 14101 or 14502 of this 

8 title, regardless of the date on which the board was con9 vened.’’. 

10 SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM 

11 LIST OF OFFICERS RECOMMENDED FOR PRO12 MOTION. 

13 (a) ACTIVE-DUTY LIST.—Section 629 of title 10, 

14 United States Code, is amended— 

15 (1) by redesignating subsection (d) as subsection 

16 (e); and 

17 (2) by inserting after subsection (c) the following 

18 new subsection (d): 

19 ‘‘(d) ADMINISTRATIVE REMOVAL.—If an officer on the 

20 active-duty list is discharged or dropped from the rolls, 

21 transferred to a retired status, or found to have been erro22 neously included in a zone of consideration, after having 

23 been recommended for promotion to a higher grade under 

24 this chapter, but before being promoted, the officer shall be 


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1 administratively removed from the promotion list under 

2 regulations prescribed by the Secretary concerned.’’. 

3 (b) RESERVE ACTIVE-STATUS LIST.—Section 14310 of 

4 such title is amended— 

5 (1) by redesignating subsection (d) as subsection 

6 (e); and 

7 (2) by inserting after subsection (c) the following 

8 new subsection (d): 

9 ‘‘(d) ADMINISTRATIVE REMOVAL.—If an officer on the 

10 reserve active-status list is discharged or dropped from the 

11 rolls, transferred to a retired status, or found to have been 

12 erroneously included in a zone of consideration, after hav13 ing been recommended for promotion to a higher grade 

14 under this chapter or after having been found qualified for 

15 Federal recognition in the higher grade under title 32, but 

16 before being promoted, the officer shall be administratively 

17 removed from the promotion list under regulations pre18 scribed by the Secretary concerned.’’. 

19 SEC. 505. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS 

20 OF INQUIRY FOR SEPARATION OF REGULAR 

21 OFFICERS FOR SUBSTANDARD PERFORM22 ANCE AND OTHER REASONS. 

23 (a) ACTIVE DUTY.—Section 1187 of title 10, United 

24 States Code, is amended— 


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1 (1) in subsection (a), by striking paragraphs (2) 

2 and (3) and inserting the following new paragraphs: 

3 ‘‘(2) Each member of the board shall be senior in 

4 rank or grade to the officer being required to show 

5 cause for retention on active duty. 

6 ‘‘(3) At least one member of the board— 

7 ‘‘(A) shall be in or above the grade of major 

8 or lieutenant commander, if the grade of the offi9 cer being required to show cause for retention on 

10 active duty is below the grade of major or lieu11 tenant commander; or 

12 ‘‘(B) shall be in a grade above lieutenant 

13 colonel or commander, if the grade of the officer 

14 being required to show cause for retention on ac15 tive duty is major or lieutenant commander or 

16 above.’’; 

17 (2) in subsection (b), by striking ‘‘that officer— 

18 ’’ and all that follows through the period at the end 

19 and inserting ‘‘that officer meets the grade require20 ments of subsection (a)(2).’’; and 

21 (3) by adding at the end the following new sub22 section: 

23 ‘‘(e) REGULATIONS.—The Secretary of a military de24 partment may prescribe regulations limiting the eligibility 

25 of officers to serve on a board convened under this chapter 


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1 to officers who, while otherwise qualified, are in the opinion 

2 of the Secretary best suited for that duty by reason of age, 

3 education, training, experience, length of service, or tem4 perament.’’. 

5 (b) RESERVES.—Section 14906 of such title is amend6 ed— 

7 (1) in subsection (a), by striking paragraphs (2) 

8 and (3) and inserting the following new paragraphs: 

9 ‘‘(2) Each member of the board shall be senior in 

10 rank or grade to the officer being required to show 

11 cause for retention in an active status. 

12 ‘‘(3) At least one member of the board— 

13 ‘‘(A) shall be in or above the grade of major 

14 or lieutenant commander, if the grade of the offi15 cer being required to show cause for retention in 

16 an active status is below the grade of major or 

17 lieutenant commander; or 

18 ‘‘(B) shall be in a grade above lieutenant 

19 colonel or commander, if the grade of the officer 

20 being required to show cause for retention in an 

21 active status is major or lieutenant commander 

22 or above.’’; and 

23 (2) by adding at the end the following new sub24 section: 


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1 ‘‘(c) REGULATIONS.—The Secretary of a military de2 partment may prescribe regulations limiting the eligibility 

3 of officers to serve on a board convened under this chapter 

4 to officers who, while otherwise qualified, are in the opinion 

5 of the Secretary best suited for that duty by reason of age, 

6 education, training, experience, length of service, or tem7 perament.’’. 

8 SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM 

9 LENGTH OF ACTIVE SERVICE AS A COMMIS10 SIONED OFFICER REQUIRED FOR VOLUNTARY 

11 RETIREMENT AS AN OFFICER. 

12 (a) ARMY.—Section 3911(b)(2) of title 10, United 

13 States Code, is amended by striking ‘‘January 6, 2006, and 

14 ending on December 31, 2008’’ and inserting ‘‘the date of 

15 the enactment of the National Defense Authorization Act for 

16 Fiscal Year 2011 and ending on September 30, 2013’’. 

17 (b) NAVY AND MARINE CORPS.—Section 6323(a)(2)(B) 

18 of such title is amended by striking ‘‘January 6, 2006, and 

19 ending on December 31, 2008’’ and inserting ‘‘the date of 

20 the enactment of the National Defense Authorization Act for 

21 Fiscal Year 2011 and ending on September 30, 2013’’. 

22 (c) AIR FORCE.—Section 8911(b)(2) of such title is 

23 amended by striking ‘‘January 6, 2006, and ending on De24 cember 31, 2008’’ and inserting ‘‘the date of the enactment 


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1 of the National Defense Authorization Act for Fiscal Year 

2 2011 and ending on September 30, 2013’’. 

3 Subtitle B—Reserve Component 

4 Management 

5 SEC. 511. PRESEPARATION COUNSELING FOR MEMBERS OF 

6 THE RESERVE COMPONENTS. 

7 (a) REQUIREMENT; EXCEPTION.—Subsection (a)(1) of 

8 section 1142 of title 10, United States Code, is amended— 

9 (1) in the first sentence— 

10 (A) by striking ‘‘Within’’ and inserting 

11 ‘‘(A) Within’’; and 

12 (B) by striking ‘‘of each member’’ and all 

13 that follows through the period at the end of the 

14 sentence and inserting the following: ‘‘of— 

15 ‘‘(i) each member of the armed forces whose dis16 charge or release from active duty is anticipated as 

17 of a specific date; and 

18 ‘‘(ii) each member of a reserve component not 

19 covered by clause (i) whose discharge or release from 

20 service is anticipated as of a specific date.’’; and 

21 (2) in the second sentence, by striking ‘‘A nota22 tion of the provision of such counseling’’ and insert23 ing the following: 

24 ‘‘(B) A notation of the provision of preseparation 

25 counseling’’. 


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1 (b) CLARIFICATION OF COVERED MATTERS.—Sub2 section (b)(7) of such section is amended by striking ‘‘from 

3 active duty’’. 

4 SEC. 512. MILITARY CORRECTION BOARD REMEDIES FOR 

5 NATIONAL GUARD MEMBERS. 

6 Subsection (a) of section 1552 of title 10, United States 

7 Code, is amended— 

8 (1) in paragraph (1), by striking ‘‘military 

9 record of the Secretary’s department’’ and inserting 

10 ‘‘military record of an armed force, including reserve 

11 components thereof, under the jurisdiction of the Sec12 retary’’; and 

13 (2) by adding at the end the following new para14 graph: 

15 ‘‘(5) In the case of a member of the National Guard, 

16 the authority to correct any military record of the member 

17 under this section extends only to records generated while 

18 the member was in Federal service and does not apply to 

19 matters related to State government policy and procedures 

20 related to its National Guard.’’. 

21 SEC. 513. REMOVAL OF STATUTORY DISTRIBUTION LIMITS 

22 ON NAVY RESERVE FLAG OFFICER ALLOCA23 TION. 

24 Section 12004(c) of title 10, United States Code, is 

25 amended— 


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1 (1) by striking paragraphs (2), (3), and (5); and 

2 (2) by redesignating paragraph (4) as para3 graph (2). 

4 SEC. 514. ASSIGNMENT OF AIR FORCE RESERVE MILITARY 

5 TECHNICIANS (DUAL STATUS) TO POSITIONS 

6 OUTSIDE AIR FORCE RESERVE UNIT PRO7 GRAM. 

8 Section 10216(d) of title 10, United States Code, is 

9 amended by adding at the end the following new paragraph: 

10 ‘‘(3) Paragraph (1) does not apply to a military tech11 nician (dual status) who is employed by the Air Force Re12 serve in an area other than the Air Force Reserve unit pro13 gram, except that not more than 50 of such technicians may 

14 be assigned outside of the unit program at the same time.’’. 

15 SEC. 515. TEMPORARY AUTHORITY FOR TEMPORARY EM16 PLOYMENT OF NON-DUAL STATUS MILITARY 

17 TECHNICIANS. 

18 Section 10217 of title 10, United States Code, is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘or’’ at the end of para22 graph (1); 

23 (B) by striking the period at the end of 

24 paragraph (2) and inserting ‘‘; or’’ ; and 


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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) is hired as a temporary employee pursuant 

4 to the exception for temporary employment provided 

5 by subsection (d) and subject to the terms and condi6 tions of such subsection.’’; and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(d) EXCEPTION FOR TEMPORARY EMPLOYMENT.—(1) 

10 Notwithstanding section 10218 of this title, the Secretary 

11 of the Army or the Secretary of the Air Force may employ, 

12 for a period not to exceed two years, a person to fill a va13 cancy created by the mobilization of a military technician 

14 (dual status) occupying a position under section 10216 of 

15 this title. 

16 ‘‘(2) The duration of the temporary employment of a 

17 person in a military technician position under this sub18 section may not exceed the shorter of the following: 

19 ‘‘(A) The period of mobilization of the military 

20 technician (dual status) whose vacancy is being filled 

21 by the temporary employee. 

22 ‘‘(B) Two years. 

23 ‘‘(3) No persons may be hired under the authority of 

24 this subsection after the end of the two-year period begin25 ning on the date of the enactment of this subsection.’’. 


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1 SEC. 516. REVISED STRUCTURE AND FUNCTIONS OF RE2 SERVE FORCES POLICY BOARD. 

3 (a) REVISED STRUCTURE AND FUNCTIONS.—Section 

4 10301 of title 10, United States Code, is amended to read 

5 as follows: 

6 ‘‘§ 10301. Reserve Forces Policy Board 

7 ‘‘(a) FUNCTIONS.—As provided in section 175 of this 

8 title, there is in the Office of the Secretary of Defense a 

9 Reserve Forces Policy Board. The Board shall serve as an 

10 independent adviser to the Secretary of Defense to provide 

11 advice and recommendations to the Secretary on strategies, 

12 policies, and practices designed to improve and enhance the 

13 capabilities, efficiency, and effectiveness of the reserve com14 ponents. The Board shall report directly to the Secretary 

15 to provide independent advice and recommendations to the 

16 Secretary on matters relating to the and reserve compo17 nents. 

18 ‘‘(b) MEMBERSHIP.—The Board consists of 20 mem19 bers, appointed or designated as follows: 

20 ‘‘(1) A civilian chairman appointed by the Sec21 retary of Defense, who shall be a person who the Sec22 retary determines has the knowledge of, and experi23 ence in, policy matters relevant to national security 

24 and reserve component matters required to carry out 

25 the duties of chairman. 


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1 ‘‘(2) Two reserve general officers designated by 

2 the Secretary of Defense upon the recommendation of 

3 the Secretary of the Army, one of whom shall be a 

4 member of the Army National Guard of the United 

5 States and one of whom shall be a member of the 

6 Army Reserve. 

7 ‘‘(3) Two reserve officers designated by the Sec8 retary of Defense upon the recommendation of the 

9 Secretary of the Navy, one of whom shall be a Navy 

10 Reserve flag officer and one of whom shall be a Ma11 rine Corps Reserve general officer. 

12 ‘‘(4) Two reserve general officers designated by 

13 the Secretary of Defense upon the recommendation of 

14 the Secretary of the Air Force, one of whom shall be 

15 a member of the Air National Guard of the United 

16 States and one of whom shall be a member of the Air 

17 Force Reserve. 

18 ‘‘(5) One Coast Guard flag officer designated by 

19 the Secretary of Homeland Security when the Coast 

20 Guard is not operating as a service within the De21 partment of the Navy, or designated by the Secretary 

22 of Defense, upon the recommendation of the Secretary 

23 of the Navy, when the Coast Guard is operating as 

24 a service in the Navy under section 3 of title 14. 


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1 ‘‘(6) Ten persons appointed or designated by the 

2 Secretary of Defense, each of whom shall be a United 

3 States citizen and have significant knowledge of and 

4 experience in policy matters relevant to national secu5 rity and reserve component matters and shall be one 

6 of the following: 

7 ‘‘(A) An individual not employed in any 

8 Federal or State department or agency. 

9 ‘‘(B) An individual employed by a Federal 

10 or State department or agency. 

11 ‘‘(C) An officer of a regular component on 

12 active duty, or an officer of a reserve component 

13 in an active status, who has served or is serving 

14 in a senior position on the Joint Staff, a com15 batant command headquarters staff, or a service 

16 headquarters staff. 

17 ‘‘(7) A reserve officer of the Army, Navy, Air 

18 Force, or Marine Corps who is a general or flag offi19 cer recommended by the chairman and designated by 

20 the Secretary of Defense, who shall serve without 

21 vote— 

22 ‘‘(A) as military adviser to the chairman; 

23 ‘‘(B) as military executive officer of the 

24 Board; and 


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1 ‘‘(C) as supervisor of the Board operations 

2 and staff. 

3 ‘‘(8) A senior enlisted member of a reserve com4 ponent recommended by the chairman and appointed 

5 by the Secretary of Defense, who shall serve without 

6 vote as enlisted military adviser to the chairman. 

7 ‘‘(c) INDEPENDENT ADVICE.—In the case of a member 

8 of the Board who is an officer or employee of the Depart9 ment of Defense or a member of the armed forces, the advice 

10 provided in that member’s capacity as a member of the 

11 Board shall be rendered independently of the Board mem12 ber’s other duties as an officer or employee of the Depart13 ment of Defense or member of the armed forces. 

14 ‘‘(d) MATTERS TO BE ACTED ON.—The Board shall 

15 act on those matters referred to it by the chairman and 

16 on any matter raised by a member of the Board. 

17 ‘‘(e) STAFF.—The Board shall be supported by a staff 

18 consisting of one full-time officer from each of the reserve 

19 components listed in paragraphs (1) through (6) of section 

20 10101 of this title who holds the grade of colonel, or in the 

21 case of the Navy the grade of captain, or who has been se22 lected for promotion to that grade. These officers shall also 

23 serve as liaisons between their respective components and 

24 the Board. They shall perform their staff and liaison duties 

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1 pendent manner reflecting the independent nature of the 

2 Board. 

3 ‘‘(f) RELATIONSHIP TO SERVICE RESERVE POLICY

4 COMMITTEES AND BOARDS.—This section does not affect 

5 the committees and boards prescribed within the military 

6 departments by sections 10302 through 10305 of this title, 

7 and a member of such a committee or board may, if other8 wise eligible, be a member of the Board.’’. 

9 (b) BOARD MEMBERSHIP TRANSITION PROVISION.— 

10 The members of the Reserve Forces Policy Board as of the 

11 date of the enactment of this Act shall continue to serve 

12 on the Board in accordance with their respective terms of 

13 service as of such date, and except to ensure that the posi14 tions of chairman and military executive of the Board con15 tinue to be filled, and to ensure that the reserve components 

16 listed in paragraphs (1) through (7) of section 10101 of title 

17 10, United States Code, continue to have representation, no 

18 appointment or designation of a member of the Board may 

19 be made after such date until the number of voting members 

20 of the Board is fewer than 18. Once the number of voting 

21 members is fewer than 18, vacancies in the Board member22 ship shall be filled in accordance with section 10301 of title 

23 10, United States Code, as amended by subsection (a). 

24 (c) REVISION TO ANNUAL REPORT REQUIREMENT.— 

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1 ed by striking ‘‘the reserve programs of the Department of 

2 Defense and on any other matters’’ and inserting ‘‘any re3 serve component matter’’. 

4 SEC. 517. MERIT SYSTEMS PROTECTION BOARD AND JUDI5 CIAL REMEDIES FOR NATIONAL GUARD TECH6 NICIANS. 

7 (a) ELIMINATION OF RESTRICTED RIGHT OF AP8 PEAL.— 

9 (1) CURRENT RESTRICTION TO ADJUTANT GEN10 ERAL.—Subsection (f) of section 709 of title 32, 

11 United States Code, is amended by striking para12 graph (4). 

13 (2) STYLISTIC AND CONFORMING AMEND14 MENTS.—Such subsection is further amended— 

15 (A) by striking the material preceding 

16 paragraph (1); 

17 (B) by capitalizing the first word in para18 graphs (1), (2), (3), and (5); 

19 (C) by striking the semicolon at the end of 

20 paragraphs (1), (2), and (3) and inserting a pe21 riod; 

22 (D) by redesignating paragraph (5) as 

23 paragraph (4); and 

24 (E) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(5) This subsection shall be carried out under 

2 regulations prescribed by the Secretary concerned.’’. 

3 (b) APPLICATION OF CERTAIN TITLE 5 PROVISIONS.— 

4 Section 709(g) of title 32, United States Code, is amended 

5 by striking ‘‘Sections 2108, 3502, 7511, and 7512’’ and in6 serting ‘‘Section 2108’’. 

7 (c) APPLICATION OF ADVERSE ACTIONS SUB8 CHAPTER.—Section 7511(b) of title 5, United States Code, 

9 is amended— 

10 (1) by striking paragraph (5); and 

11 (2) by redesignating paragraphs (6) through (10) 

12 as paragraphs (5) through (9), respectively. 

13 Subtitle C—Joint Qualified Officers 

14 and Requirements 

15 SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT 

16 MATTERS FOR PURPOSES OF JOINT OFFICER 

17 MANAGEMENT. 

18 Section 668(a) of title 10, United States Code, is 

19 amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘multiple’’ in the matter 

22 preceding subparagraph (A) and inserting ‘‘inte23 grated’’; and 

24 (B) by striking ‘‘and’’ at the end of the sub25 paragraph (D) and inserting ‘‘or’’; and 


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1 (2) by striking paragraph (2) and inserting the 

2 following new paragraph: 

3 ‘‘(2) In the context of joint matters, the term ‘inte4 grated military forces’ refers to military forces that are in5 volved in the planning or execution (or both) of operations 

6 involving participants from— 

7 ‘‘(A) more than one military department; or 

8 ‘‘(B) a military department and one or more of 

9 the following: 

10 ‘‘(i) Other departments and agencies of the 

11 United States. 

12 ‘‘(ii) The military forces or agencies of other 

13 countries. 

14 ‘‘(iii) Non-governmental persons or enti15 ties.’’. 

16 SEC. 522. CHANGES TO PROCESS INVOLVING PROMOTION 

17 BOARDS FOR JOINT QUALIFIED OFFICERS 

18 AND OFFICERS WITH JOINT STAFF EXPERI19 ENCE. 

20 (a) BOARD COMPOSITION.—Subsection (c) of section 

21 612 of title 10, United States Code, is amended to read as 

22 follows: 

23 ‘‘(c)(1) Each selection board convened under section 

24 611(a) of this title that will consider an officer described 

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1 ignated by the Chairman of the Joint Chiefs of Staff who 

2 is a joint qualified officer. 

3 ‘‘(2) Paragraph (1) applies with respect to an officer 

4 who— 

5 ‘‘(A) is serving in, or has served in, a joint duty 

6 assignment; 

7 ‘‘(B) is serving on, or has served on, the Joint 

8 Staff; or 

9 ‘‘(C) is a joint qualified officer. 

10 ‘‘(3) The Secretary of Defense may waive the require11 ment in paragraph (1) in the case of— 

12 ‘‘(A) any selection board of the Marine Corps; or 

13 ‘‘(B) any selection board that is considering offi14 cers in specialties identified in paragraph (2) or (3) 

15 of section 619a(b) of this title.’’. 

16 (b) INFORMATION FURNISHED TO SELECTION

17 BOARDS.—Section 615 of such title is amended by striking 

18 ‘‘in joint duty assignments of officers who are serving, or 

19 have served, in such assignments’’ in subsections (b)(5) and 

20 (c) and inserting ‘‘of officers who are serving on, or have 

21 served on, the Joint Staff or are joint qualified officers’’. 

22 (c) ACTION ON REPORT OF SELECTION BOARDS.—Sec23 tion 618(b) of such title is amended— 

24 (1) in paragraph (1), by striking ‘‘are serving, 

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1 ing ‘‘are serving on, or have served on, the Joint Staff 

2 or are joint qualified officers’’; 

3 (2) in subparagraphs (A) and (B) of paragraph 

4 (2), by striking ‘‘in joint duty assignments of officers 

5 who are serving, or have served, in such assignments’’ 

6 and inserting ‘‘of officers who are serving on, or have 

7 served on, the Joint Staff or are joint qualified offi8 cers’’; and 

9 (3) in paragraph (4), by striking ‘‘in joint duty 

10 assignments’’ and inserting ‘‘who are serving on, or 

11 have served on, the Joint Staff or are joint qualified 

12 officers’’. 

13 Subtitle D—General Service 

14 Authorities 

15 SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO 

16 ORDER RETIRED MEMBERS OF THE ARMED 

17 FORCES TO ACTIVE DUTY IN HIGH-DEMAND, 

18 LOW-DENSITY ASSIGNMENTS. 

19 (a) EXTENSION OF AUTHORITY.—Section 688a(f) of 

20 title 10, United States Code, is amended by striking ‘‘De21 cember 31, 2010’’ and inserting ‘‘December 31, 2012’’. 

22 (b) REPORT REQUIRED.—Not later than April 1, 

23 2011, the Secretary of Defense shall submit to the Commit24 tees on Armed Services of the Senate and the House of Rep25 resentatives a report containing an assessment by the SecVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 retary of the need to extend the authority provided by sec2 tion 688a of title 10, United States Code, beyond December 

3 31, 2012. The report shall include, at a minimum, the fol4 lowing: 

5 (1) A list of the current types of high-demand, 

6 low-density capabilities (as defined in such section) 

7 for which the authority is being used to address oper8 ational requirements. 

9 (2) For each high-demand, low-density capa10 bility included in the list under paragraph (1), the 

11 number of retired members of the Armed Forces who 

12 have served on active duty at any time during each 

13 of fiscal years 2007 through 2010 under the authority. 

14 (3) A plan to increase the required active duty 

15 strength for the high-demand, low-density capabilities 

16 included in the list under paragraph (1) to eliminate 

17 the need to use the authority. 

18 SEC. 532. CORRECTION OF MILITARY RECORDS. 

19 (a) IMPROVED DOCUMENTATION OF CORRECTION

20 BOARD DECISIONS.—Section 1552(a)(3) of title 10, United 

21 States Code, is amended— 

22 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

23 (2) by adding at the end the following new sub24 paragraph: 


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1 ‘‘(B) In establishing correction procedures under sub2 paragraph (A), the Secretary of a military department 

3 shall require that a board established under subsection 

4 (a)(1) present its findings and conclusions in an orderly 

5 and itemized fashion, with specific attention given to each 

6 issue presented by the claimant (or heir or representative) 

7 who requested the correction. This requirement applies to 

8 a request for correction received after the date of the enact9 ment of this subparagraph, both during initial consider10 ation of the request and upon subsequent consideration due 

11 to appeal or other circumstances.’’. 

12 (b) IMPROVED DOCUMENTATION OF REVIEW BOARD

13 DECISIONS REGARDING DISCHARGE OR DISMISSAL.—Sec14 tion 1553(b) of such title is amended— 

15 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

16 (2) by adding at the end the following new para17 graph: 

18 ‘‘(2) In establishing review procedures for use by a 

19 board established under this section, the Secretary of a mili20 tary department shall require that the board present its 

21 findings and conclusions in an orderly and itemized fash22 ion, with specific attention given to each issue presented 

23 by the person who requested the review. This requirement 

24 applies to a request for review received after the date of 

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1 eration of the request and upon subsequent consideration 

2 due to appeal or other circumstances.’’. 

3 (c) BOARDS REVIEWING RETIREMENT OR SEPARATION

4 WITHOUT PAY FOR PHYSICAL DISABILITY.— 

5 (1) MEMBERS ELIGIBLE TO REQUEST REVIEW.— 

6 Subsection (a) of section 1554 of such title is amend7 ed— 

8 (A) by striking ‘‘an officer’’ and inserting 

9 ‘‘a member or former member of the uniformed 

10 services’’; and 

11 (B) by striking ‘‘his case’’ and inserting 

12 ‘‘the member’s case’’. 

13 (2) IMPROVED DOCUMENTATION OF BOARD DECI14 SIONS.—Subsection (b) of such section is amended— 

15 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

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

17 paragraph: 

18 ‘‘(2) In establishing review procedures for use by a 

19 board established under this section, the Secretary of a mili20 tary department shall require that the board present its 

21 findings and conclusions in an orderly and itemized fash22 ion, with specific attention given to each issue presented 

23 by the person who requested the review. This requirement 

24 applies to a request for review received after the date of 

25 the enactment of this paragraph, both during initial considVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 eration of the request and upon subsequent consideration 

2 due to appeal or other circumstances.’’. 

3 (d) LIMITATION ON REDUCTION IN PERSONNEL AS4 SIGNED TO DUTY WITH SERVICE REVIEW AGENCY.— 

5 1559(a) of such title is amended by striking ‘‘December 31, 

6 2010’’ and inserting ‘‘December 31, 2013’’. 

7 SEC. 533. MODIFICATION OF CERTIFICATE OF RELEASE OR 

8 DISCHARGE FROM ACTIVE DUTY (DD FORM 

9 214) TO SPECIFICALLY IDENTIFY A SPACE FOR 

10 INCLUSION OF EMAIL ADDRESS. 

11 The Secretary of Defense shall modify the Certificate 

12 of Release or Discharge from Active Duty (DD Form 214) 

13 to include a new Block, 19c., titled ‘‘ELECTRONIC MAIL14 ING (E-MAIL) ADDRESS AFTER SEPARATION’’ in order 

15 to permit a member of the Armed Forces to include an 

16 email address at which the member may be reached after 

17 the member’s discharge or release. 

18 SEC. 534. RECOGNITION OF ROLE OF FEMALE MEMBERS OF 

19 THE ARMED FORCES AND DEPARTMENT OF 

20 DEFENSE REVIEW OF MILITARY OCCUPA21 TIONAL SPECIALTIES AVAILABLE TO FEMALE 

22 MEMBERS. 

23 (a) FINDINGS.—Congress make the following findings: 

24 (1) Women are and have historically been an im25 port part of all United States war efforts, voluntarily 


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1 serving in every military conflict in United States 

2 history, including the Revolutionary War. 

3 (2) Approximately 34,000 women served in the 

4 Armed Forces in World War I, approximately 

5 400,000 served in World War II, approximately 

6 120,000 served in the Korean War, over 7,000 served 

7 in the Vietnam War, and more than 41,000 served in 

8 the first Gulf War. 

9 (3) Over 350,000 women serving in the Armed 

10 Forces make up approximate 15 percent of all active 

11 duty personnel, 15 percent of Reserves, and 17 per12 cent of the National Guard. 

13 (4) Over 225,349 women have served in Oper14 ation Iraqi Freedom or Operation Enduring Freedom 

15 as members of the Armed Forces. 

16 (5) At least 120 female members of the Armed 

17 Forces have been killed in Iraq or Afghanistan , and, 

18 of the women killed, 66 were killed in combat. 

19 (6) The nature of war has changed in Iraq and 

20 Afghanistan, and, despite the prohibition on female 

21 members of the Armed Forces serving in combat, so 

22 has the role of female members of the Armed Forces. 

23 (b) OFFICIAL RECOGNITION.—Congress— 


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1 (1) honors women who have served, and women 

2 who are currently serving, as members of the Armed 

3 Forces; and 

4 (2) encourages all people in the United States to 

5 recognize the service and achievements of female mem6 bers of the Armed Forces and female veterans. 

7 (c) REVIEWS REQUIRED.— 

8 (1) REVIEWS; ELEMENTS.—The Secretary of De9 fense shall conduct a review of military occupational 

10 positions available to female members of the Armed 

11 Forces for the purpose of ensuring that female mem12 bers have the maximum opportunity to compete and 

13 excel in the Armed Forces. The Secretary of Defense, 

14 in coordination with the Secretaries of the military 

15 departments, also shall review the collocation policy 

16 and other policies and regulations that restrict the 

17 service of female members to determine whether 

18 changes are needed, including legislative change, if 

19 necessary, to enhance the ability of women to serve in 

20 the Armed Forces. 

21 (2) SUBMISSION OF RESULTS.—Not later than 

22 February 1, 2011, the Secretary of Defense shall sub23 mit to the congressional defense committee a report 

24 containing the results of the reviews. 


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1 Subtitle E—Military Justice and 

2 Legal Matters 

3 SEC. 541. CONTINUATION OF WARRANT OFFICERS ON AC4 TIVE DUTY TO COMPLETE DISCIPLINARY AC5 TION. 

6 Section 580 of title 10, United States Code, is amended 

7 by adding at the end the following new subsection: 

8 ‘‘(f) A warrant officer subject to discharge or retire9 ment under this section, but against whom any action has 

10 been commenced with a view to trying the officer by court11 martial, may be continued on active duty, without preju12 dice to such action, until the completion of such action.’’. 

13 SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN 

14 MILITARY JUSTICE PROCEEDINGS. 

15 (a) IN GENERAL.—Section 848 of title 10, United 

16 States Code (article 48 of the Uniform Code of Military Jus17 tice), is amended to read as follows: 

18 ‘‘§ 848. Art. 48. Contempts 

19 ‘‘(a) AUTHORITY TO PUNISH CONTEMPT.—A military 

20 judge detailed to a court-martial, a court of inquiry, the 

21 Court of Appeals for the Armed Forces, a Court of Criminal 

22 Appeals, a provost court, or a military commission (other 

23 than a military commission established under chapter 47A 

24 of this title) may punish for contempt any person who— 


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1 ‘‘(1) uses any menacing word, sign, or gesture in 

2 the presence of the military judge during the pro3 ceedings of the court-martial, court, or military com4 mission; 

5 ‘‘(2) disturbs the proceedings of the court-mar6 tial, court, or military commission by any riot or 

7 disorder; or 

8 ‘‘(3) willfully disobeys its lawful writ, process, 

9 order, rule, decree, or command. 

10 ‘‘(b) PUNISHMENT.—A person punished for contempt 

11 under this section may be confined for not more than 30 

12 days, fined in an amount of not more than $1,000, or 

13 both.’’. 

14 (b) EFFECTIVE DATE.—Section 848 of title 10, United 

15 States Code (article 48 of the Uniform Code of Military Jus16 tice), as amended by subsection (a), shall apply with respect 

17 to acts of contempt committed after the date of the enact18 ment of this Act. 


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1 SEC. 543. LIMITATIONS ON USE IN PERSONNEL ACTION OF 

2 INFORMATION CONTAINED IN CRIMINAL IN3 VESTIGATIVE REPORT OR IN INDEX MAIN4 TAINED FOR LAW ENFORCEMENT RETRIEVAL 

5 AND ANALYSIS. 

6 (a) LIMITATIONS.—Chapter 53 of title 10, United 

7 States Code, is amended by inserting after section 1034 the 

8 following new section: 

9 ‘‘§ 1034a. Criminal investigative report or index main10 tained for law enforcement retrieval and 

11 analysis: limitations on use in personnel 

12 actions 

13 ‘‘(a) PROHIBITION ON USE IN PERSONNEL ACTIONS.— 

14 Except as provided in subsection (b), information relating 

15 to the titling or indexing of a member of the armed forces 

16 contained in any criminal investigative report prepared by 

17 any entity of the Department of Defense or index main18 tained by any entity of the Department of Defense for the 

19 purpose of potential retrieval and analysis by Department 

20 law enforcement organizations may not be used in connec21 tion with any personnel action involving the member. 

22 ‘‘(b) AUTHORIZED EXCEPTIONS.—The prohibition in 

23 subsection (a) does not preclude the use of information re24 lating to the titling or indexing of a member— 

25 ‘‘(1) in connection with law enforcement activi26 ties; 


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1 ‘‘(2) in a judicial or administrative action in2 volving the member regarding the alleged offense ref3 erenced in the criminal investigative report or index; 

4 or 

5 ‘‘(3) in a personnel action if— 

6 ‘‘(A) the member has been adjudged guilty 

7 of the alleged offense referenced in the criminal 

8 investigative report or index by military non-ju9 dicial or judicial proceedings or by civilian judi10 cial proceedings; 

11 ‘‘(B) a record of the proceedings is presented 

12 in connection with the personnel action; and 

13 ‘‘(C) the member is provided the oppor14 tunity to present additional information in re15 sponse to the record of the proceedings. 

16 ‘‘(c) DEFINITIONS.—In this section: 

17 ‘‘(1) INDEXING.—The term ‘indexing’ refers to 

18 the procedure whereby a Department of Defense 

19 criminal investigative agency submits identifying in20 formation concerning subjects, victims, or incidentals 

21 of investigations for addition to the Defense Clearance 

22 and Investigations Index. 

23 ‘‘(2) TITLING.—The term ‘titling’ refers to the 

24 process by which a Department of Defense criminal 

25 investigative agency places the name of a person in 


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1 the title block of a criminal investigative report at a 

2 time when the agency has credible information that 

3 the person committed a criminal offense. The titling, 

4 however, does not connote any degree of guilt or inno5 cence. 

6 ‘‘(3) PERSONNEL ACTION.—The term ‘personnel 

7 action’, with respect to a member, means any rec8 ommendation, action, or decision impacting or affect9 ing any aspect of the military service of the mem10 ber.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by inserting after 

13 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.’’. 

14 SEC. 544. PROTECTION OF CHILD CUSTODY ARRANGE15 MENTS FOR PARENTS WHO ARE MEMBERS OF 

16 THE ARMED FORCES DEPLOYED IN SUPPORT 

17 OF A CONTINGENCY OPERATION. 

18 (a) CHILD CUSTODY PROTECTION.—Title II of the 

19 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 

20 seq.) is amended by adding at the end the following new 

21 section: 

22 ‘‘SEC. 208. CHILD CUSTODY PROTECTION. 

23 ‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 

24 motion for change of custody of a child of a servicemember 


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1 is filed while the servicemember is deployed in support of 

2 a contingency operation, no court may enter an order modi3 fying or amending any previous judgment or order, or issue 

4 a new order, that changes the custody arrangement for that 

5 child that existed as of the date of the deployment of the 

6 servicemember, except that a court may enter a temporary 

7 custody order if the court finds that it is in the best interest 

8 of the child. 

9 ‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre10 ceding covered under subsection (a), a court shall require 

11 that, upon the return of the servicemember from deployment 

12 in support of a contingency operation, the custody order 

13 that was in effect immediately preceding the date of the de14 ployment of the servicemember is reinstated, unless the 

15 court finds that such a reinstatement is not in the best in16 terest of the child, except that any such finding shall be 

17 subject to subsection (c). 

18 ‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DETER19 MINATION OF CHILD’S BEST INTEREST.—If a motion for 

20 the change of custody of the child of a servicemember is filed, 

21 no court may consider the absence of the servicemember by 

22 reason of deployment, or possibility of deployment, in deter23 mining the best interest of the child. 

24 ‘‘(d) NO FEDERAL RIGHT OF ACTION.—Nothing in 

25 this section shall create a Federal right of action. 


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1 ‘‘(e) PREEMPTION.— In any case where State or Fed2 eral law applicable to a child custody proceeding under 

3 State or Federal law provides a higher standard of protec4 tion to the rights of the parent who is a servicemember than 

5 the rights provided under this section, the State or Federal 

6 court shall apply the State or Federal standard. 

7 ‘‘(f) CONTINGENCY OPERATION DEFINED.—In this sec8 tion, the term ‘contingency operation’ has the meaning 

9 given that term in section 101(a)(13) of title 10, United 

10 States Code, except that the term may include such other 

11 deployments as the Secretary may prescribe.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents in 

13 section 1(b) of such Act is amended by adding at the end 

14 of the items relating to title II the following new item: 

‘‘208. Child custody protection.’’. 

15 SEC. 545. IMPROVEMENTS TO DEPARTMENT OF DEFENSE 

16 DOMESTIC VIOLENCE PROGRAMS. 

17 (a) IMMEDIATE ACTIONS REQUIRED.— 

18 (1) ENTRY OF DATA INTO LAW ENFORCEMENT

19 SYSTEMS.—The Secretary of Defense shall ensure that 

20 all command actions related to domestic violence inci21 dents involving members of the Army, Navy, Air 

22 Force, or Marine Corps are entered into all Depart23 ment of Defense law enforcement systems. 

24 (2) ISSUANCE OF FAMILY ADVOCACY PROGRAM

25 GUIDANCE.—The Secretary of Defense shall issue DeVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 partment of Defense Family Advocacy Program guid2 ance. 

3 (b) IMPLEMENTATION OF OUTSTANDING COMP4 TROLLER GENERAL RECOMMENDATIONS.—Consistent with 

5 the recommendations contained in the report of the Comp6 troller General of the United States titled ‘‘Status of Imple7 mentation of GAO’s 2006 Recommendations on the Depart8 ment of Defense’s Domestic Violence Program’’ (GAO-10- 

9 577R), the Secretary of Defense shall complete, not later 

10 than one year after the date of enactment of this Act, imple11 mentation of actions to address the following recommenda12 tions: 

13 (1) DEFENSE INCIDENT-BASED REPORTING SYS14 TEM.—The Secretary of Defense shall develop a com15 prehensive management plan to address deficiencies 

16 in the data captured in the Defense Incident-Based 

17 Reporting System to ensure the system can provide 

18 an accurate count of the domestic violence incidents 

19 that are reported throughout the Department of De20 fense. 

21 (2) ADEQUATE PERSONNEL.—The Secretary of 

22 Defense shall develop a plan to ensure that adequate 

23 personnel are available to implement recommenda24 tions made by the Defense Task Force on Domestic 

25 Violence. 


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1 (3) DOMESTIC VIOLENCE TRAINING DATA FOR

2 CHAPLAINS.—The Secretary of Defense shall develop a 

3 plan to collect domestic violence training data for 

4 chaplains. 

5 (4) OVERSIGHT FRAMEWORK.—The Secretary of 

6 Defense shall develop an oversight framework for De7 partment of Defense domestic violence programs, to 

8 include oversight of implementation of recommenda9 tions made by the Defense Task Force on Domestic 

10 Violence, budgeting, and policy compliance. 

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

12 of enactment of this Act, the Secretary of Defense shall sub13 mit to the congressional defense committees a report con14 taining the planned actions required under subsections (a) 

15 and (b). 

16 SEC. 546. PUBLIC RELEASE OF RESTRICTED ANNEX OF DE17 PARTMENT OF DEFENSE REPORT OF THE 

18 INDEPENDENT REVIEW RELATED TO FORT 

19 HOOD PERTAINING TO OVERSIGHT OF THE 

20 ALLEGED PERPETRATOR OF THE ATTACK. 

21 (a) RELEASE REQUIRED.—Not later than 10 days 

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

23 of Defense shall release publicly the restricted annex, de24 scribed in subsection (b), that was part of the January 2010 

25 Department of Defense Report of the Independent Review 


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1 Related to Fort Hood and the attack there on November 

2 5, 2009. 

3 (b) MATERIAL SUBJECT TO RELEASE; EXCEPTION.— 

4 The restricted annex referred to in subsection (a) is the doc5 ument described on page 9 of the January 2010 Department 

6 of Defense Report of the Independent Review Related to 

7 Fort Hood, which provided the detailed findings, rec8 ommendations, and complete supporting discussions of the 

9 Independent Review pertaining to the oversight of the al10 leged perpetrator of the November 2009 attack. No part of 

11 the restricted annex shall be exempted from public release, 

12 except— 

13 (1) materials that the Secretary of Defense deter14 mines may imperil, if disclosed, any criminal inves15 tigation or prosecution related to the attack; and 

16 (2) in accordance with section 1102 of title 10, 

17 United States Code, the memorandum summarizing 

18 the results of the medical quality assurance records 

19 relating to the care provided patients by the alleged 

20 perpetrator of the attack. 


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1 Subtitle F—Member Education and 

2 Training Opportunities and Ad3 ministration 

4 SEC. 551. REPAYMENT OF EDUCATION LOAN REPAYMENT 

5 BENEFITS. 

6 (a) ENLISTED MEMBERS ON ACTIVE DUTY IN SPECI7 FIED MILITARY SPECIALTIES.—Section 2171 of title 10, 

8 United States Code, is amended by adding at the end the 

9 following new subsections: 

10 ‘‘(g) Except a person described in subsection (e) who 

11 transfers to service making the person eligible for repay12 ment of loans under section 16301 of this title, a member 

13 of the armed forces who fails to complete the period of serv14 ice required to qualify for loan repayment under this sec15 tion shall be subject to the repayment provisions of section 

16 303a(e) of title 37. 

17 ‘‘(h) The Secretary of Defense may prescribe, by regu18 lations, procedures for implementing this section, including 

19 standards for qualified loans and authorized payees and 

20 other terms and conditions for making loan repayments. 

21 Such regulations may include exceptions that would allow 

22 for the payment as a lump sum of any loan repayment 

23 due to a member under a written agreement that existed 

24 at the time of a member’s death or disability.’’. 


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1 (b) MEMBERS OF SELECTED RESERVE.—Section 

2 16301 of such title is amended by adding at the end the 

3 following new subsections: 

4 ‘‘(h) Except a person described in subsection (e) who 

5 transfers to service making the person eligible for repay6 ment of loans under section 2171 of this title, a member 

7 of the armed forces who fails to complete the period of serv8 ice required to qualify for loan repayment under this sec9 tion shall be subject to the repayment provisions of section 

10 303a(e) of title 37. 

11 ‘‘(i) The Secretary of Defense may prescribe, by regula12 tions, procedures for implementing this section, including 

13 standards for qualified loans and authorized payees and 

14 other terms and conditions for making loan repayments. 

15 Such regulations may include exceptions that would allow 

16 for the payment as a lump sum of any loan repayment 

17 due to a member under a written agreement that existed 

18 at the time of a member’s death or disability.’’. 

19 SEC. 552. ACTIVE DUTY OBLIGATION FOR GRADUATES OF 

20 THE MILITARY SERVICE ACADEMIES PARTICI21 PATING IN THE ARMED FORCES HEALTH PRO22 FESSIONS SCHOLARSHIP AND FINANCIAL AS23 SISTANCE PROGRAM. 

24 (a) UNITED STATES MILITARY ACADEMY GRAD25 UATES.—Section 4348(a) of title 10, United States Code, 


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1 is amended by adding at the end the following new para2 graph: 

3 ‘‘(4) That if an appointment described in para4 graph (2) or (3) is tendered and the cadet partici5 pates in the Armed Forces Health Professions Schol6 arship and Financial Assistance program under sub7 chapter I of chapter 105 of this title, the cadet will 

8 fulfill any unserved obligation incurred under this 

9 section on active duty, regardless of the type of ap10 pointment held, upon completion of, and in addition 

11 to, any service obligation incurred under section 2123 

12 of this title for participation in the program.’’. 

13 (b) UNITED STATES NAVAL ACADEMY GRADUATES.— 

14 Section 6959(a) of such title is amended by adding at the 

15 end the following new paragraph: 

16 ‘‘(4) That if an appointment described in para17 graph (2) or (3) is tendered and the midshipman par18 ticipates in the Armed Forces Health Professions 

19 Scholarship and Financial Assistance program under 

20 subchapter I of chapter 105 of this title, the mid21 shipman will fulfill any unserved obligation incurred 

22 under this section on active duty, regardless of the 

23 type of appointment held, upon completion of, and in 

24 addition to, any service obligation incurred under 


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1 section 2123 of this title for participation in the pro2 gram.’’. 

3 (c) UNITED STATES AIR FORCE ACADEMY GRAD4 UATES.—Section 9348(a) of such title is amended by add5 ing at the end the following new paragraph: 

6 ‘‘(4) That if an appointment described in para7 graph (2) or (3) is tendered and the cadet partici8 pates in the Armed Forces Health Professions Schol9 arship and Financial Assistance program under sub10 chapter I of chapter 105 of this title, the cadet will 

11 fulfill any unserved obligation incurred under this 

12 section on active duty, regardless of the type of ap13 pointment held, upon completion of, and in addition 

14 to, any service obligation incurred under section 2123 

15 of this title for participation in the program.’’. 

16 (d) EFFECTIVE DATE.—The amendments made by this 

17 section shall apply with respect to appointments to the 

18 United States Military Academy, the United States Naval 

19 Academy, and the United States Air Force Academy begin20 ning with the first class of candidates nominated for ap21 pointment to these military service academies after the date 

22 of the enactment of this Act. 


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1 SEC. 553. WAIVER OF MAXIMUM AGE LIMITATION ON ADMIS2 SION TO SERVICE ACADEMIES FOR CERTAIN 

3 ENLISTED MEMBERS WHO SERVED DURING 

4 OPERATION IRAQI FREEDOM OR OPERATION 

5 ENDURING FREEDOM. 

6 (a) WAIVER AUTHORITY.—The Secretary of the mili7 tary department concerned may waive the maximum age 

8 limitation specified in section 4346(a), 6958(a)(1), or 

9 9346(a) of title 10, United States Code, for the admission 

10 of an enlisted member of the Armed Forces to the United 

11 States Military Academy, the United States Naval Acad12 emy, or the United States Air Force Academy, if the mem13 ber, otherwise satisfies the eligibility requirements for ad14 mission to that academy, and— 

15 (1) as a result of service on active duty in a the16 ater of operations for Operation Iraqi Freedom or 

17 Operation Enduring Freedom, was or is prevented 

18 from being admitted to that academy before the mem19 ber reached the maximum age specified in such sec20 tions; or 

21 (2) possesses an exceptional overall record that 

22 the Secretary concerned determines sets the candidate 

23 apart from all other candidates. 

24 (b) LIMITATION OF WAIVER.— 

25 (1) MAXIMUM AGE.—A waiver may not be grant26 ed under subsection (a) to a member of the Armed 


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1 Forces described in such subsection if the member 

2 would pass the member’s twenty-sixth birthday by 

3 July 1 of the year in which the member would enter 

4 the military service academy. 

5 (2) MAXIMUM NUMBER.—No more than five 

6 members of the Armed Forces may attend each of the 

7 military service academies at any one time pursuant 

8 to a waiver granted under subsection (a)(2). 

9 (c) DURATION OF WAIVER AUTHORITY.—The author10 ity to grant a waiver under subsection (a) expires on Sep11 tember 30, 2015. 

12 SEC. 554. REPORT OF FEASIBILITY AND COST OF EXPAND13 ING ENROLLMENT AUTHORITY OF COMMU14 NITY COLLEGE OF THE AIR FORCE TO IN15 CLUDE ADDITIONAL MEMBERS OF THE 

16 ARMED FORCES. 

17 Not later than 180 days after the date of the enactment 

18 of this Act, the Secretary of Defense shall submit to Congress 

19 a report, prepared in consultation with the Secretary of the 

20 Air Force, evaluating the feasibility and cost of authorizing 

21 enlisted members of the Army, Navy, Marine Corps and 

22 Coast Guard to enroll in Community College of the Air 

23 Force programs offered under section 9315 of title 10, 

24 United States Code. 


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1 Subtitle G—Defense Dependents’ 

2 Education 

3 SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

4 EDUCATIONAL AGENCIES THAT BENEFIT DE5 PENDENTS OF MEMBERS OF THE ARMED 

6 FORCES AND DEPARTMENT OF DEFENSE CI7 VILIAN EMPLOYEES. 

8 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

9 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

10 amount authorized to be appropriated for fiscal year 2011 

11 pursuant to section 301(5) for operation and maintenance 

12 for Defense-wide activities, $50,000,000 shall be available 

13 only for the purpose of providing assistance to local edu14 cational agencies under subsection (a) of section 572 of the 

15 National Defense Authorization Act for Fiscal Year 2006 

16 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 

17 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

18 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

19 CHANGES, OR FORCE RELOCATIONS.—Of the amount au20 thorized to be appropriated for fiscal year 2011 pursuant 

21 to section 301(5) for operation and maintenance for De22 fense-wide activities, $15,000,000 shall be available only for 

23 the purpose of providing assistance to local educational 

24 agencies under subsection (b) of such section 572. 


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1 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 

2 section, the term ‘‘local educational agency’’ has the mean3 ing given that term in section 8013(9) of the Elementary 

4 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

5 SEC. 562. ENROLLMENT OF DEPENDENTS OF MEMBERS OF 

6 THE ARMED FORCES WHO RESIDE IN TEM7 PORARY HOUSING IN DEPARTMENT OF DE8 FENSE DOMESTIC DEPENDENT ELEMENTARY 

9 AND SECONDARY SCHOOLS. 

10 Section 2164(a) of title 10, United States Code, is 

11 amended by adding at the end the following new paragraph: 

12 ‘‘(3)(A) The Secretary may, at the discretion of the 

13 Secretary, permit dependents of members of the armed 

14 forces described in subparagraph (B) to enroll in an edu15 cational program provided by the Secretary pursuant to 

16 this subsection without regard to the requirement in para17 graph (1) with respect to residence on a military installa18 tion. 

19 ‘‘(B) Subparagraph (A) applies only if— 

20 ‘‘(i) the dependents reside in temporary housing 

21 (regardless of whether the temporary housing is on 

22 Federal property) in lieu of permanent living quar23 ters on a military installation; and 

24 ‘‘(ii) the Secretary determines that the cir25 cumstances of such living arrangements justify exVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 tending the enrollment authority to include such de2 pendents. 

3 ‘‘(C) The Secretary shall prescribe regulations to en4 sure consistent application of this paragraph.’’. 

5 Subtitle H—Decorations, Awards, 

6 and Commemorations 

7 SEC. 571. NOTIFICATION REQUIREMENT FOR DETERMINA8 TION MADE IN RESPONSE TO REVIEW OF PRO9 POSAL FOR AWARD OF A MEDAL OF HONOR 

10 NOT PREVIOUSLY SUBMITTED IN TIMELY 

11 FASHION. 

12 Section 1130(b) of title 10, United States Code, is 

13 amended— 

14 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

15 (2) by adding at the end the following new para16 graph: 

17 ‘‘(2) If a determination under this section includes a 

18 favorable recommendation for the award of the Medal of 

19 Honor, submission of the detailed discussion of the rationale 

20 supporting the determination shall be made through the 

21 Secretary of Defense.’’. 


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1 SEC. 572. DEPARTMENT OF DEFENSE RECOGNITION OF 

2 SPOUSES OF MEMBERS OF THE ARMED 

3 FORCES. 

4 (a) ESTABLISHMENT AND PRESENTATION OF LAPEL

5 BUTTONS.—Chapter 57 of title 10, United States Code, is 

6 amended by inserting after section 1126 the following new 

7 section: 

8 ‘‘§ 1126a. Spouse of combat veteran lapel button: eligi9 bility and presentation 

10 ‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to be 

11 known as the spouse-of-a-combat-veteran lapel button, shall 

12 be designed, as approved by the Secretary of Defense, to 

13 identify and recognize the spouse of a member of the armed 

14 forces who is serving or has served in a combat zone for 

15 a period of more than 30 days. 

16 ‘‘(b) PRESENTATION.—The Secretary concerned may 

17 authorize the use of appropriated funds to procure spouse18 of-a-combat-veteran lapel buttons and to provide for their 

19 presentation to eligible spouses of members. 

20 ‘‘(c) EXCEPTION TO TIME PERIOD REQUIREMENT.— 

21 The 30-day periods specified in subsections (a) and (b) do 

22 not apply if the member is killed or wounded in the combat 

23 zone before the expiration the period. 

24 ‘‘(d) LICENSE TO MANUFACTURE AND SELL LAPEL

25 BUTTONS.—Section 901(c) of title 36 shall apply with reVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 spect to the spouse-of-a-combat-veteran lapel button author2 ized by this section. 

3 ‘‘(e) COMBAT ZONE DEFINED.—In this section, the 

4 term ‘combat zone’ has the meaning given that term in sec5 tion 112(c)(2) of the Internal Revenue Code of 1986. 

6 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

7 issue such regulations as may be necessary to carry out this 

8 section. The Secretary shall ensure that the regulations are 

9 uniform for each armed force to the extent practicable.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of such chapter is amended by inserting after 

12 the item relating to section 1126 the following new item: 

‘‘1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation.’’. 

13 (c) IMPLEMENTATION.—It is the sense of Congress that, 

14 as soon as practicable once the spouse-of-a-combat-veteran 

15 lapel button become available, the Secretary of Defense— 

16 (1) should widely announce the availability of 

17 spouse-of-a-combat-veteran lapel buttons through mili18 tary and public information channels; and 

19 (2) should encourage commanders at all levels to 

20 conduct ceremonies recognizing the support provided 

21 by spouses of members of the Armed Forces and to use 

22 the ceremonies as an opportunity for members to 

23 present their spouses with a spouse-of-a-combat-vet24 eran lapel button. 


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1 SEC. 573. DEPARTMENT OF DEFENSE RECOGNITION OF 

2 CHILDREN OF MEMBERS OF THE ARMED 

3 FORCES. 

4 (a) ESTABLISHMENT AND PRESENTATION OF LAPEL

5 BUTTONS.—Chapter 57 of title 10, United States Code, is 

6 amended by inserting after section 1126a, as added by sec7 tion 572, the following new section: 

8 ‘‘§ 1126b. Children of members commemorative lapel 

9 button: eligibility and presentation 

10 ‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to be 

11 known as the children of military service members com12 memorative lapel button, shall be designed, as approved by 

13 the Secretary of Defense, to identify and recognize an eligi14 ble child dependent of a member of the armed forces who 

15 serves on active duty for a period of more than 30 days. 

16 ‘‘(b) PRESENTATION.—The Secretary concerned may 

17 authorize the use of appropriated funds to procure children 

18 of military service members commemorative lapel buttons 

19 and to provide for their presentation to eligible child de20 pendents. 

21 ‘‘(c) LICENSE TO MANUFACTURE AND SELL LAPEL

22 BUTTONS.—Section 901(c) of title 36 shall apply with re23 spect to the children of military service members commemo24 rative lapel button authorized by this section. 

25 ‘‘(d) ELIGIBLE CHILD DEPENDENT DEFINED.—In this 

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1 ent of a member of the armed forces described in subpara2 graph (D) or (I) of section 1072(2) of this title. 

3 ‘‘(e) REGULATIONS.—The Secretary of Defense shall 

4 issue such regulations as may be necessary to carry out this 

5 section. The Secretary shall ensure that the regulations are 

6 uniform for each armed force to the extent practicable.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of such chapter is amended by inserting after 

9 the item relating to section 1126a the following new item: 

‘‘1126b. Children of members commemorative lapel button: eligibility and presentation.’’. 

10 (c) IMPLEMENTATION.—It is the sense of Congress that, 

11 as soon as practicable once the children of military service 

12 members commemorative lapel button become available, the 

13 Secretary of Defense— 

14 (1) should widely announce the availability of 

15 children of military service members commemorative 

16 lapel buttons through military and public informa17 tion channels; and 

18 (2) should encourage commanders at all levels to 

19 conduct ceremonies recognizing the support provided 

20 by children of members of the Armed Forces and to 

21 use the ceremonies as an opportunity for members to 

22 present their children with a children of military 

23 service members commemorative lapel button. 


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1 SEC. 574. CLARIFICATION OF PERSONS ELIGIBLE FOR 

2 AWARD OF BRONZE STAR MEDAL. 

3 (a) LIMITATION ON ELIGIBLE PERSONS.—Section 

4 1133 of title 10, United States Code, is amended to read 

5 as follows: 

6 ‘‘§ 1133. Bronze Star: limitation on persons eligible to 

7 receive 

8 ‘‘The decoration known as the ‘Bronze Star’ may only 

9 be awarded to a member of a military force who— 

10 ‘‘(1) at the time of the events for which the deco11 ration is to be awarded, was serving in a geographic 

12 area in which special pay is authorized under section 

13 310 or paragraph (1) or (3) of section 351(a) of title 

14 37; or 

15 ‘‘(2) receives special pay under section 310 or 

16 paragraph (1) or (3) of section 351(a) of title 37 as 

17 a result of those events.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections at 

19 the beginning of chapter 57 of such title is amended by 

20 striking the item relating to section 1133 and inserting the 

21 following new item: 

‘‘1133.Bronze Star: limitation on persons eligible to receive.’’. 

22 (c) APPLICATION OF AMENDMENT.—The amendment 

23 made by subsection (a) applies to the award of the Bronze 

24 Star after October 30, 2000. 


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1 SEC. 575. AWARD OF VIETNAM SERVICE MEDAL TO VET2 ERANS WHO PARTICIPATED IN MAYAGUEZ 

3 RESCUE OPERATION. 

4 (a) IN GENERAL.—The Secretary of the military de5 partment concerned shall, upon the application of an indi6 vidual who is an eligible veteran, award that individual 

7 the Vietnam Service Medal, notwithstanding any otherwise 

8 applicable requirements for the award of that medal. Any 

9 such award shall be made in lieu of any Armed Forces Ex10 peditionary Medal awarded the individual for the individ11 ual’s participation in the Mayaguez rescue operation. 

12 (b) ELIGIBLE VETERAN.—For purposes of this section, 

13 the term ‘‘eligible veteran’’ means a member or former mem14 ber of the Armed Forces who was awarded the Armed Forces 

15 Expeditionary Medal for participation in military oper16 ations known as the Mayaguez rescue operation of May 12– 

17 15, 1975. 

18 SEC. 576. AUTHORIZATION FOR AWARD OF MEDAL OF 

19 HONOR TO CERTAIN MEMBERS OF THE ARMY 

20 FOR ACTS OF VALOR DURING THE CIVIL WAR, 

21 KOREAN WAR, OR VIETNAM WAR. 

22 (a) AUTHORIZATION.—Notwithstanding the time limi23 tations specified in section 3744 of title 10, United States 

24 Code, or any other time limitation with respect to the 

25 awarding of certain medals to persons who served in the 

26 Armed Forces, the President is authorized to award the 


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1 Medal of Honor under section 3741 of such title to the fol2 lowing former members of the Army for conspicuous acts 

3 of gallantry and intrepidity at the risk of their life and 

4 beyond the call of duty, as described in subsection (b): 

5 (1) First Lieutenant Alonzo H. Cushing, Civil 

6 War. 

7 (2) Private John A. Sipe, Civil War. 

8 (3) Chaplain (Captain) Emil J. Kapaun, Ko9 rean War. 

10 (4) Specialist Four Robert L. Towles, Vietnam 

11 War. 

12 (b) ACTS OF VALOR DESCRIBED.— 

13 (1) FIRST LIEUTENANT ALONZO H. CUSHING.— 

14 In the case of First Lieutenant Alonzo H. Cushing, 

15 the acts of valor referred to in subsection (a) are the 

16 actions of then First Lieutenant Alonzo H. Cushing 

17 while in command of Battery A, 4th United States 

18 Artillery, Army of the Potomac, at Gettysburg, Penn19 sylvania, on July 3, 1863, during the American Civil 

20 War. 

21 (2) PRIVATE JOHN A. SIPE.—In the case of Pri22 vate John A. Sipe, the acts of valor referred to in sub23 section (a) are the actions of then Private John A. 

24 Sipe of Company I of the 205th Regiment Pennsyl25 vania Volunteers, part of the 2d Brigade, 3d Division, 


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1 9th Corps, Army of the Potomac, on March 25, 1865, 

2 during the American Civil War. 

3 (3) CHAPLAIN EMIL J. KAPAUN.—In the case of 

4 Chaplain (Captain) Emil J. Kapaun, the acts of 

5 valor referred to in subsection (a) are the actions of 

6 Chaplain Emil J. Kapaun of 3d Battalion, 8th Cav7 alry Regiment, 1st Cavalry Division during the Bat8 tle of Unsan on November 1 and 2, 1950, and while 

9 a prisoner of war until his death on May 23, 1952, 

10 during the Korean War. 

11 (4) SPECIALIST FOUR ROBERT L. TOWLES.—In 

12 the case of Specialist Four Robert L. Towles, the acts 

13 of valor referred to in subsection (a) are the actions 

14 of then Specialist Four Robert L. Towles of Company 

15 D, 2d Battalion, 7th Cavalry, 1st Cavalry Division 

16 on November 17, 1965, during the Vietnam War for 

17 which he was originally awarded the Bronze Star 

18 with ‘‘V’’ Device. 

19 SEC. 577. AUTHORIZATION AND REQUEST FOR AWARD OF 

20 DISTINGUISHED-SERVICE CROSS TO JAY C. 

21 COPLEY FOR ACTS OF VALOR DURING THE 

22 VIETNAM WAR. 

23 (a) AUTHORIZATION.—Notwithstanding the time limi24 tations specified in section 3744 of title 10, United States 

25 Code, or any other time limitation with respect to the 


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1 awarding of certain medals to persons who served in the 

2 Armed Forces, the Secretary of the Army is authorized and 

3 requested to award the Distinguished-Service Cross under 

4 section 3742 of such title to former Captain Jay C. Copley 

5 of the United States Army for the acts of valor during the 

6 Vietnam War described in subsection (b). 

7 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

8 referred to in subsection (a) are the actions of then Captain 

9 Jay C. Copley on May 5, 1968, as commander of Company 

10 C of the 1st Battalion, 50th Infantry, 173d Airborne Bri11 gade during an engagement with a regimental-size enemy 

12 force in Bin Dinh Province, South Vietnam. 

13 SEC. 578. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY 

14 OF THE KOREAN WAR. 

15 (a) COMMEMORATIVE PROGRAM AUTHORIZED.—The 

16 Secretary of Defense may establish and conduct a program 

17 to commemorate the 60th anniversary of the Korean War 

18 (in this section referred to as the ‘‘commemorative pro19 gram’’). In conducting the commemorative program, the 

20 Secretary shall coordinate and support other programs and 

21 activities of the Federal Government, State and local gov22 ernments, and other persons and organizations in com23 memoration of the Korean War. 

24 (b) SCHEDULE.—If the Secretary of Defense establishes 

25 the commemorative program, the Secretary shall determine 


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1 the schedule of major events and priority of efforts for the 

2 commemorative program to achieve the commemorative ob3 jectives specified in subsection (c). The Secretary may estab4 lish a committee to assist the Secretary in determining the 

5 schedule and conducting the commemorative program. 

6 (c) COMMEMORATIVE ACTIVITIES AND OBJECTIVES.— 

7 The commemorative program may include activities and 

8 ceremonies to achieve the following objectives: 

9 (1) To thank and honor veterans of the Korean 

10 War, including members of the Armed Forces who 

11 were held as prisoners of war or listed as missing in 

12 action, for their service and sacrifice on behalf of the 

13 United States. 

14 (2) To thank and honor the families of veterans 

15 of the Korean War for their sacrifices and contribu16 tions, especially families who lost a loved one in the 

17 Korean War. 

18 (3) To highlight the service of the Armed Forces 

19 during the Korean War and the contributions of Fed20 eral agencies and governmental and non-govern21 mental organizations that served with, or in support 

22 of, the Armed Forces. 

23 (4) To pay tribute to the sacrifices and contribu24 tions made on the home front by the people of the 

25 United States during the Korean War. 


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1 (5) To provide the people of the United States 

2 with a clear understanding and appreciation of the 

3 lessons and history of the Korean War. 

4 (6) To highlight the advances in technology, 

5 science, and medicine related to military research 

6 conducted during the Korean War. 

7 (7) To recognize the contributions and sacrifices 

8 made by the allies of the United States during the 

9 Korean War. 

10 (d) USE OF THE UNITED STATES OF AMERICA KO11 REAN WAR COMMEMORATION AND SYMBOLS.—Subsection 

12 (c) of section 1083 of the National Defense Authorization 

13 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

14 1918), as amended by section 1067 of the Strom Thurmond 

15 National Defense Authorization Act for Fiscal Year 1999 

16 (Public Law 105–261; 112 Stat. 2134) and section 1052 

17 of the National Defense Authorization Act for Fiscal Year 

18 2000 (Public Law 106–65; 113 Stat. 764), shall apply to 

19 the commemorative program. 

20 (e) COMMEMORATIVE FUND.— 

21 (1) ESTABLISHMENT OF NEW ACCOUNT.—If the 

22 Secretary of Defense establishes the commemorative 

23 program, the Secretary the Treasury shall establish in 

24 the Treasury of the United States an account to be 

25 known as the ‘‘Department of Defense Korean War 


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1 Commemoration Fund’’ (in this section referred to as 

2 the ‘‘Fund’’). 

3 (2) ADMINISTRATION AND USE OF FUND.—The 

4 Fund shall be available to, and administered by, the 

5 Secretary of Defense. The Secretary shall use the as6 sets of the Fund only for the purpose of conducting 

7 the commemorative program and shall prescribe such 

8 regulations regarding the use of the Fund as the Sec9 retary considers to be necessary. 

10 (3) DEPOSITS.—There shall be deposited into the 

11 Fund the following: 

12 (A) Amounts appropriated to the Fund. 

13 (B) Proceeds derived from the use by the 

14 Secretary of Defense of the exclusive rights de15 scribed in subsection (c) of section 1083 of the 

16 National Defense Authorization Act for Fiscal 

17 Year 1998 (Public Law 105–85; 111 Stat. 1918). 

18 (C) Donations made in support of the com19 memorative program by private and corporate 

20 donors. 

21 (4) AVAILABILITY.—Subject to paragraph (5), 

22 amounts in the Fund shall remain available until ex23 pended. 

24 (5) TREATMENT OF UNOBLIGATED FUNDS; 

25 TRANSFER.—If unobligated amounts remain in the 


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1 Fund as of September 30, 2013, the Secretary of the 

2 Treasury shall transfer the amounts to the Depart3 ment of Defense Vietnam War Commemorative Fund 

4 established pursuant to section 598(e) of the National 

5 Defense Authorization Act for Fiscal Year 2008 (Pub6 lic Law 110–181; 10 U.S.C. 113 note). The trans7 ferred amounts shall be merged with, and available 

8 for the same purposes as, other amounts in the De9 partment of Defense Vietnam War Commemorative 

10 Fund. 

11 (f) ACCEPTANCE OF VOLUNTARY SERVICES.— 

12 (1) AUTHORITY TO ACCEPT SERVICES.—Notwith13 standing section 1342 of title 31, United States Code, 

14 the Secretary of Defense may accept from any person 

15 voluntary services to be provided in furtherance of the 

16 commemorative program. The Secretary shall prohibit 

17 the solicitation of any voluntary services if the nature 

18 or circumstances of such solicitation would com19 promise the integrity or the appearance of integrity 

20 of any program of the Department of Defense or of 

21 any individual involved in the program. 

22 (2) COMPENSATION FOR WORK-RELATED IN23 JURY.—A person providing voluntary services under 

24 this subsection shall be considered to be a Federal em25 ployee for purposes of chapter 81 of title 5, United 


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1 States Code, relating to compensation for work-related 

2 injuries. The person shall also be considered a special 

3 governmental employee for purposes of standards of 

4 conduct and sections 202, 203, 205, 207, 208, and 209 

5 of title 18, United States Code. A person who is not 

6 otherwise employed by the Federal Government shall 

7 not be considered to be a Federal employee for any 

8 other purpose by reason of the provision of voluntary 

9 services under this subsection. 

10 (3) REIMBURSEMENT OF INCIDENTAL EX11 PENSES.—The Secretary may provide for reimburse12 ment of incidental expenses incurred by a person pro13 viding voluntary services under this subsection. The 

14 Secretary shall determine which expenses are eligible 

15 for reimbursement under this paragraph. 

16 (g) REPORT REQUIRED.—If the Secretary of Defense 

17 conducts the commemorative program, the Inspector Gen18 eral of the Department of Defense shall submit to Congress, 

19 not later than 60 days after the end of the commemorative 

20 program, a report containing an accounting of— 

21 (1) all of the funds deposited into and expended 

22 from the Fund; 

23 (2) any other funds expended under this section; 

24 and 


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1 (3) any unobligated funds remaining in the 

2 Fund as of September 30, 2013, that are transferred 

3 to the Department of Defense Vietnam War Com4 memorative Fund pursuant to subsection (e)(5). 

5 (h) LIMITATION ON EXPENDITURES.—Using amounts 

6 appropriated to the Department of Defense, the Secretary 

7 of Defense may not expend more than $5,000,000 to carry 

8 out the commemorative program. 

9 Subtitle I—Military Family 

10 Readiness Matters 

11 SEC. 581. APPOINTMENT OF ADDITIONAL MEMBER OF DE12 PARTMENT OF DEFENSE MILITARY FAMILY 

13 READINESS COUNCIL. 

14 (a) INCLUSION OF SPOUSE OF GENERAL OR FLAG OF15 FICER.—Subsection (b) of section 1781a of title 10, United 

16 States Code, is amended— 

17 (1) in paragraph (1)— 

18 (A) by redesignating subparagraph (E) as 

19 subparagraph (F); and 

20 (B) by inserting after subparagraph (D) the 

21 following new subparagraph: 

22 ‘‘(E) The spouse of a general or flag officer.’’; 

23 and 


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1 (2) in paragraph (2), by striking ‘‘subpara2 graphs (C) and (D)’’ and inserting ‘‘subparagraphs 

3 (C), (D), and (E)’’. 

4 (b) CLARIFICATION OF APPOINTMENT OPTIONS FOR

5 EXISTING MEMBER.—Subparagraph (F) of subsection 

6 (b)(1) of such section, as redesignated by subsection 

7 (a)(1)(A), is amended to read as follows: 

8 ‘‘(F) In addition to the representatives appointed 

9 under subparagraphs (B) and (C), the senior enlisted 

10 advisor, or the spouse of a senior enlisted member, 

11 from each of the Army, Navy, Marine Corps, and Air 

12 Force.’’. 

13 (c) APPOINTMENT BY SECRETARY OF DEFENSE.—Sub14 section (b) of such section is further amended— 

15 (1) in paragraph (1)— 

16 (A) in subparagraph (B), by striking ‘‘, 

17 who shall be appointed by the Secretary of De18 fense’’; 

19 (B) in subparagraph (C), by striking ‘‘, 

20 who shall be appointed by the Secretary of De21 fense’’ both places it appears; and 

22 (C) in subparagraph (D), by striking ‘‘by 

23 the Secretary of Defense’’; and 

24 (2) by adding at the end the following new para25 graph: 


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1 ‘‘(3) The Secretary of Defense shall appoint the mem2 bers of the Council required by subparagraphs (B) through 

3 (F) of paragraph (1).’’. 

4 SEC. 582. DIRECTOR OF THE OFFICE OF COMMUNITY SUP5 PORT FOR MILITARY FAMILIES WITH SPECIAL 

6 NEEDS. 

7 Subsection (c) of section 1781c of title 10, United 

8 States Code, is amended to read as follows: 

9 ‘‘(c) DIRECTOR.—(1) The head of the Office shall be 

10 the Director of the Office of Community Support for Mili11 tary Families With Special Needs, who shall be a member 

12 of the Senior Executive Service or a general officer or flag 

13 officer. 

14 ‘‘(2) In the discharge of the responsibilities of the Of15 fice, the Director shall be subject to the supervision, direc16 tion, and control of the Under Secretary of Defense for Per17 sonnel and Readiness.’’. 

18 SEC. 583. PILOT PROGRAM OF PERSONALIZED CAREER DE19 VELOPMENT COUNSELING FOR MILITARY 

20 SPOUSES. 

21 (a) PILOT PROGRAM REQUIRED.—Section 1784a of 

22 title 10, United States Code, is amended— 

23 (1) by redesignating subsections (d) and (e) as 

24 subsections (e) and (f), respectively; and 


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1 (2) by inserting after subsection (c) the following 

2 new subsection (d): 

3 ‘‘(d) PERSONALIZED CAREER DEVELOPMENT COUN4 SELING.— 

5 ‘‘(1) PILOT PROGRAM REQUIRED.—The Secretary 

6 of Defense shall conduct a pilot program designed to 

7 provide personalized career development counseling to 

8 the spouses of members of the armed forces eligible for 

9 assistance under this section, including the develop10 ment of strategies, step-by-step guidelines, and 

11 customizable milestones— 

12 ‘‘(A) to promote a comprehensive, introspec13 tive review of personal skills, experience, goals, 

14 and requirements with a view to developing a 

15 personalized plan for career development; 

16 ‘‘(B) to identify career options that are 

17 portable, personally rewarding, and compatible 

18 with personal strengths, skills, and experience; 

19 ‘‘(C) to instruct and encourage the use of 

20 sound personal and professional management 

21 practices; and 

22 ‘‘(D) to plan career attainment progression 

23 objectives and measure progress. 

24 ‘‘(2) INCENTIVES TO FILL CRITICAL CIVILIAN

25 SPECIALTIES.—In conducting the pilot program, the 


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1 Secretary shall consider methods to provide incentives 

2 for program participants to fill critical civilian spe3 cialties needed in the Department of Defense, includ4 ing the following: 

5 ‘‘(A) Mental health and other health care. 

6 ‘‘(B) Social work. 

7 ‘‘(C) Family welfare. 

8 ‘‘(D) Contract and acquisition manage9 ment. 

10 ‘‘(E) Personal financial management. 

11 ‘‘(F) Day care services. 

12 ‘‘(G) Education. 

13 ‘‘(H) Military resale system. 

14 ‘‘(I) Morale, welfare and recreation activi15 ties. 

16 ‘‘(J) Law enforcement. 

17 ‘‘(3) PROCESS REVIEWS.—The Secretary shall 

18 include in the pilot program a periodic review, to be 

19 conducted by counselors, of progress made by partici20 pants to determine if changes to personal career strat21 egies may be necessary. 

22 ‘‘(4) NUMBER OF PARTICIPANTS.—The Secretary 

23 of Defense shall enroll at least 75 military spouses in 

24 the pilot program, but not more than 150 military 

25 spouses. 


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1 ‘‘(5) GEOGRAPHIC COVERAGE OF PILOT PRO2 GRAM.—The pilot program shall be conducted in at 

3 least three separate geographic areas, as determined 

4 by the Secretary of Defense. 

5 ‘‘(6) COUNSELORS.—The Secretary of Defense 

6 may enter into contracts with career counselors to 

7 provide counseling services under the pilot program. 

8 There shall be at least one counselor in each of the ge9 ographic areas of the pilot program. 

10 ‘‘(7) ANNUAL EVALUATION.—The Secretary of 

11 Defense shall conduct an annual evaluation of the 

12 pilot program to determine the following: 

13 ‘‘(A) The effectiveness of the pilot program 

14 in improving the ability of participants to iden15 tify, develop, and obtain employment in portable 

16 career fields. 

17 ‘‘(B) The self-reported levels of professional 

18 satisfaction of participants. 

19 ‘‘(C) The quality of careers selected and 

20 pursued. 

21 ‘‘(D) The rates of success— 

22 ‘‘(i) as determined and evaluated by 

23 participants; and 

24 ‘‘(ii) as determined by the Secretary. 

25 ‘‘(8) ANNUAL REPORT.— 


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1 ‘‘(A) REPORT REQUIRED.—The Secretary of 

2 Defense shall submit to the Committees on 

3 Armed Services of the Senate and the House of 

4 Representatives an annual report containing— 

5 ‘‘(i) the results of the most-recent an6 nual evaluation conducted under paragraph 

7 (7); and 

8 ‘‘(ii) the matters required by subpara9 graph (B). 

10 ‘‘(B) CONTENTS.—Each report under this 

11 paragraph shall contain, at a minimum, the fol12 lowing: 

13 ‘‘(i) The number of participants in the 

14 pilot program. 

15 ‘‘(ii) Recommendations for adjustments 

16 to the pilot program. 

17 ‘‘(iii) Recommendations for extending 

18 the pilot program or implementing a per19 manent comprehensive career development 

20 for military spouses. 

21 ‘‘(C) TIME FOR SUBMISSION.—The first re22 port under this subsection shall be submitted not 

23 later than one year after the date of the com24 mencement of counseling services under the pilot 

25 program. Subsequent reports shall be submitted 


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1 for each year of the pilot program, with the final 

2 report being submitted not later than 90 days 

3 after the termination of the pilot program. 

4 ‘‘(9) TERMINATION.—The pilot program shall 

5 terminate at the end of the three-year period begin6 ning on the date on which the Secretary of Defense 

7 notifies the Committees on Armed Services of the Sen8 ate and the House of Representatives of the com9 mencement of counseling services under the pilot pro10 gram.’’. 

11 (b) IMPLEMENTATION PLAN.—Not later than 180 days 

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

13 of Defense shall submit to Committees on Armed Services 

14 of the Senate and the House of Representatives a plan to 

15 implement the pilot program under subsection (d) of section 

16 1784a of title 10, United States Code, as added by sub17 section (a). 

18 SEC. 584. MODIFICATION OF YELLOW RIBBON REINTEGRA19 TION PROGRAM. 

20 (a) OFFICE FOR REINTEGRATION PROGRAMS.—Sub21 section (d)(1) of section 582 of the National Defense Author22 ization Act for Fiscal Year 2008 (Public Law 110–181; 10 

23 U.S.C. 10101 note) is amended— 

24 (1) by striking ‘‘The Under’’ and inserting the 

25 following: 


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1 ‘‘(A) IN GENERAL.—The Under’’; and 

2 (2) in the last sentence— 

3 (A) by striking ‘‘The office may also’’ and 

4 inserting the following: 

5 ‘‘(B) PARTNERSHIPS AND ACCESS.—The of6 fice may’’; 

7 (B) by inserting ‘‘and the Department of 

8 Veterans Affairs’’ after ‘‘Administration’’; and 

9 (C) by adding at the end the following new 

10 sentence: ‘‘Service and State-based programs 

11 may provide access to curriculum, training, and 

12 support for services to members and families 

13 from all components.’’. 

14 (b) CENTER FOR EXCELLENCE IN REINTEGRATION.— 

15 Subsection (d)(2) of such section is amended by adding at 

16 the end the following new sentence: ‘‘The Center shall de17 velop and implement a process for evaluating the effective18 ness of the Yellow Ribbon Reintegration Program in sup19 porting the health and well-being of members of the Armed 

20 Forces and their families throughout the deployment cycle 

21 described in subsection (g)’’. 

22 (c) STATE DEPLOYMENT CYCLE SUPPORT TEAMS.— 

23 Subsection (f)(3) of such section is amended by inserting 

24 ‘‘and community-based organizations’’ after ‘‘service pro25 viders’’. 


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1 (d) OPERATION OF PROGRAM DURING DEPLOYMENT

2 AND POST-DEPLOYMENT-RECONSTITUTION PHASES.—Sub3 section (g) of such section is amended— 

4 (1) in paragraph (3), by inserting ‘‘and to de5 crease the isolation of families during deployment’’ 

6 after ‘‘combat zone’’; and 

7 (2) in paragraph (5)(A), by inserting ‘‘, pro8 viding information on employment opportunities,’’ 

9 after ‘‘communities’’. 

10 (e) ADDITIONAL OUTREACH SERVICE.—Subsection (h) 

11 of such section, as amended by section 595(1) of the Na12 tional Defense Authorization Act for Fiscal Year 2010 (Pub13 lic Law 110–84; 123 Stat. 2338), is amended by adding 

14 at the end the following new paragraph: 

15 ‘‘(15) Resiliency training to promote comprehen16 sive programs for members of the Armed Forces to 

17 build mental and emotional resiliency for successfully 

18 meeting the demands of the deployment cycle.’’. 

19 SEC. 585. IMPORTANCE OF OFFICE OF COMMUNITY SUP20 PORT FOR MILITARY FAMILIES WITH SPECIAL 

21 NEEDS. 

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

23 that the Office of Community Support for Military Fami24 lies with Special Needs, as established pursuant to section 

25 1781c of title 10, United States Code, as added by section 


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1 563 of the National Defense Authorization Act for Fiscal 

2 Year 2010 (Public Law 111–84; 123 Stat. 2304), is the best 

3 structure— 

4 (1) to determine what medical, educational, and 

5 other support services are required by military fami6 lies with children who have a medical or educational 

7 special need; and 

8 (2) to ensure that those services are made avail9 able to military families with special needs. 

10 (b) SPECIFIC BUDGETING FOR OFFICE.—Effective 

11 with the Program Objective Memorandum to be issued for 

12 fiscal year 2012 and thereafter and containing rec13 ommended programming and resource allocations for the 

14 Department of Defense, the Secretary of Defense shall spe15 cifically address the Office of Community Support for Mili16 tary Families with Special Needs to ensure that a separate 

17 line of funding is allocated to the Office. 

18 SEC. 586. COMPTROLLER GENERAL REPORT ON DEPART19 MENT OF DEFENSE OFFICE OF COMMUNITY 

20 SUPPORT FOR MILITARY FAMILIES WITH SPE21 CIAL NEEDS. 

22 (a) REPORT REQUIRED.—The Comptroller General of 

23 the United States shall prepare a report identifying— 

24 (1) the progress made in implementing the Office 

25 of Community Support for Military Families with 


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1 Special Needs, as established pursuant to section 

2 1781c of title 10, United States Code, as added by sec3 tion 563 of the National Defense Authorization Act 

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

5 2304); 

6 (2) the policies governing the operation of the Of7 fice; and 

8 (3) any gaps that still exist in ensuring that 

9 members of the Armed Forces who have dependents 

10 with special needs receive the support and services 

11 they deserve. 

12 (b) ELEMENTS OF REPORT.—In the report required by 

13 subsection (a), the Comptroller General shall specifically 

14 address the following: 

15 (1) The implementation of the responsibilities 

16 and duties assigned to the Office of Community Sup17 port for Military Families With Special Needs pursu18 ant to subsections (d), (e), and (f) of section 1781c of 

19 title 10, United States Code. 

20 (2) The manner in which the Department of De21 fense and the military departments intend to ensure 

22 that feedback is provided to the Office of Community 

23 Support for Military Families With Special Needs to 

24 ensure that the services and policy put in place are 

25 appropriate. 


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1 (c) RECOMMENDATIONS.—The Comptroller General 

2 shall include in the report required by subsection (a) spe3 cific recommendations on the establishment, reporting re4 quirements, internal monitoring, and oversight of the Office 

5 of Community Support for Military Families With Special 

6 Needs by the Under Secretary of Defense for Personnel and 

7 Readiness to ensure that the mission of the Office is being 

8 accomplished. 

9 (d) REPORT.—Not later than 180 days after the date 

10 of the enactment of this Act, the Comptroller General shall 

11 submit the report required by subsection (a) to the congres12 sional defense committees. 

13 SEC. 587. COMPTROLLER GENERAL REPORT ON EXCEP14 TIONAL FAMILY MEMBER PROGRAM. 

15 (a) ASSESSMENT REQUIRED.—The Comptroller Gen16 eral of the United States shall conduct an assessment of the 

17 Exceptional Family Member Program of the Department 

18 of Defense to review the operation of the program in each 

19 of the Armed Forces, including program policies, best prac20 tices, execution, implementation and strategic planning, to 

21 determine program variances and to make recommenda22 tions to improve and standardize program effectiveness and 

23 support for members of the Armed Forces who have depend24 ents with special needs. 


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1 (b) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Comptroller General shall 

3 submit to the congressional defense committees a report con4 taining the results of the assessment and review under sub5 section (a). 

6 SEC. 588. COMPTROLLER GENERAL REVIEW OF DEPART7 MENT OF DEFENSE MILITARY SPOUSE EM8 PLOYMENT PROGRAMS. 

9 (a) COMPTROLLER GENERAL REVIEW.—The Comp10 troller General of the United States shall carry out a review 

11 of all Department of Defense spouse employment programs. 

12 (b) ELEMENTS OF REVIEW.—At a minimum, the re13 view shall address the following: 

14 (1) The efficacy and effectiveness of Department 

15 of Defense spouse employment programs. 

16 (2) All current Department of Defense programs 

17 that are in place to support military spouses or de18 pendents for the purposes of employment assistance. 

19 (3) The types of military spouse employment 

20 programs that have been considered or used in the 

21 past by the Department of Defense. 

22 (4) The ways in which military spouse employ23 ment programs have changed in recent years. 

24 (5) The benefits or programs that are specifically 

25 available to support military spouses of members of 


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1 the Armed Forces serving in Operation Iraqi Freedom 

2 or Operation Enduring Freedom. 

3 (6) The existing feedback mechanisms available 

4 for military spouses to express their views on the ef5 fectiveness and future direction of relevant Depart6 ment of Defense programs and policies. 

7 (7) The degree of oversight provided by the Office 

8 of Personnel and Management regarding military 

9 spouse preferences. 

10 (c) SUBMISSION OF RESULTS.—Not later than March 

11 1, 2011, the Comptroller General shall submit to the con12 gressional defense committees a report containing— 

13 (1) the results of the review; 

14 (2) the assumptions upon which the review was 

15 based and the validity and completeness of such as16 sumptions; and 

17 (3) such recommendations as the Comptroller 

18 General considers necessary for improving Depart19 ment of Defense spouse employment programs. 

20 SEC. 589. REPORT ON DEPARTMENT OF DEFENSE MILITARY 

21 SPOUSE EDUCATION PROGRAMS. 

22 (a) REVIEW REQUIRED.—The Secretary of Defense 

23 shall carry out a review of all Department of Defense edu24 cation programs designed to support spouses of members of 

25 the Armed Forces. 


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1 (b) ELEMENTS OF REVIEW.—At a minimum, the re2 view shall evaluate the following: 

3 (1) All current Department of Defense programs 

4 that are in place to advance military spouse edu5 cation opportunities. 

6 (2) The efficacy and effectiveness of Department 

7 of Defense spouse education programs. 

8 (3) The effect that a lack military spouse edu9 cation opportunities has on the ability to retain 

10 members of the Armed Forces. 

11 (4) A comparison of the costs associated with 

12 providing military spouse education opportunities to 

13 retain members rather than recruiting or training 

14 new members. 

15 (c) SUBMISSION OF RESULTS.—Not later than 180 

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall submit to the congressional defense 

18 committees a report containing— 

19 (1) the results of the review; and 

20 (2) such recommendations as the Secretary con21 siders necessary for improving Department of Defense 

22 spouse education programs. 


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1 Subtitle J—Other Matters 

2 SEC. 591. ESTABLISHMENT OF JUNIOR RESERVE OFFICERS’ 

3 TRAINING CORPS UNITS FOR STUDENTS IN 

4 GRADES ABOVE SIXTH GRADE. 

5 Section 2031 of title 10, United States Code, is amend6 ed by adding at the end the following new subsection: 

7 ‘‘(g)(1) In addition to units of the Junior Reserve Offi8 cers’ Training Corps established at public and private sec9 ondary educational institutions under subsection (a), the 

10 Secretary of each military department may carry out a 

11 pilot program to establish and support units at public and 

12 private educational institutions that are not secondary edu13 cational institutions to permit the enrollment of students 

14 in the Corps who, notwithstanding the limitation in sub15 section (b)(1), are in a grade above the sixth grade. Under 

16 the pilot program, the Secretary may authorize a course 

17 of military instruction of not less than two academic years’ 

18 duration, notwithstanding subsection (b)(3). 

19 ‘‘(2) Except as provided in paragraph (1), a unit of 

20 the Junior Reserve Officers’ Training Corps established and 

21 supported under the pilot program must meet the require22 ments of this section. 

23 ‘‘(3) The Secretary of the military department con24 cerned shall conduct a review of the pilot program. The re25 view shall include an evaluation of what impacts, if any, 


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1 the pilot program may have on the operation of the Junior 

2 Reserve Officers’ Training Corps in secondary educational 

3 institutions.’’. 

4 SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CIVIL5 IANS AUTHORIZED FOR ADMISSION TO NA6 TIONAL DEFENSE UNIVERSITY. 

7 Section 2167(a) of title 10, United States Code, is 

8 amended by striking ‘‘20 full-time student positions’’ and 

9 inserting ‘‘35 full-time student positions’’. 

10 SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO 

11 ATTEND UNITED STATES AIR FORCE INSTI12 TUTE OF TECHNOLOGY. 

13 (a) ADMISSION AUTHORITY.—Chapter 901 of title 10, 

14 United States Code, is amended by inserting after section 

15 9314 the following new section: 

16 ‘‘§ 9314a. United States Air Force Institute of Tech17 nology: admission of defense industry ci18 vilians 

19 ‘‘(a) ADMISSION AUTHORIZED.—(1) The Secretary of 

20 the Air Force may permit defense industry employees de21 scribed in subsection (b) to receive instruction at the United 

22 States Air Force Institute of Technology in accordance with 

23 this section. Any such defense industry employee may be 

24 enrolled in, and may be provided instruction in, a program 

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1 riculum related to aeronautics and astronautics, electrical 

2 and computer engineering, engineering physics, mathe3 matics and statistics, operational sciences, or systems and 

4 engineering management. 

5 ‘‘(2) No more than 125 defense industry employees 

6 may be enrolled at the United States Air Force Institute 

7 of Technology at any one time under the authority of para8 graph (1). 

9 ‘‘(3) Upon successful completion of the course of in10 struction at the United States Air Force Institute of Tech11 nology in which a defense industry employee is enrolled, 

12 the defense industry employee may be awarded an appro13 priate degree under section 9314 of this title. 

14 ‘‘(b) ELIGIBLE DEFENSE INDUSTRY EMPLOYEES.— 

15 For purposes of this section, an eligible defense industry 

16 employee is an individual employed by a private firm that 

17 is engaged in providing to the Department of Defense sig18 nificant and substantial defense-related systems, products, 

19 or services. A defense industry employee admitted for in20 struction at the United States Air Force Institute of Tech21 nology remains eligible for such instruction only so long 

22 at that person remains employed by the same firm. 

23 ‘‘(c) ANNUAL DETERMINATION BY THE SECRETARY OF

24 THE AIR FORCE.—Defense industry employees may receive 

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1 nology during any academic year only if, before the start 

2 of that academic year, the Secretary of the Air Force, or 

3 the designee of the Secretary, determines that providing in4 struction to defense industry employees under this section 

5 during that year— 

6 ‘‘(1) will further the military mission of the 

7 United States Air Force Institute of Technology; and 

8 ‘‘(2) will be done on a space-available basis and 

9 not require an increase in the size of the faculty of 

10 the school, an increase in the course offerings of the 

11 school, or an increase in the laboratory facilities or 

12 other infrastructure of the school. 

13 ‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of the 

14 Air Force shall ensure that— 

15 ‘‘(1) the curriculum in which defense industry 

16 employees may be enrolled under this section is not 

17 readily available through other schools and con18 centrates on the areas of focus specified in subsection 

19 (a)(1) that are conducted by military organizations 

20 and defense contractors working in close cooperation; 

21 and 

22 ‘‘(2) the course offerings at the United States Air 

23 Force Institute of Technology continue to be deter24 mined solely by the needs of the Department of De25 fense. 


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1 ‘‘(e) TUITION.—(1) The United States Air Force Insti2 tute of Technology shall charge tuition for students enrolled 

3 under this section at a rate not less than the rate charged 

4 for employees of the United States outside the Department 

5 of the Air Force. 

6 ‘‘(2) Amounts received by the United States Air Force 

7 Institute of Technology for instruction of students enrolled 

8 under this section shall be retained by the school to defray 

9 the costs of such instruction. The source, and the disposi10 tion, of such funds shall be specifically identified in records 

11 of the school. 

12 ‘‘(f) STANDARDS OF CONDUCT.—While receiving in13 struction at the United States Air Force Institute of Tech14 nology, defense industry employees enrolled under this sec15 tion, to the extent practicable, are subject to the same regu16 lations governing academic performance, attendance, norms 

17 of behavior, and enrollment as apply to Government civil18 ian employees receiving instruction at the school.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of such chapter is amended by inserting after 

21 the item relating to section 9314 the following new item: 

‘‘9314a. United States Air Force Institute of Technology: admission of defense industry civilians.’’. 


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1 SEC. 594. DATE FOR SUBMISSION OF ANNUAL REPORT ON 

2 DEPARTMENT OF DEFENSE STARBASE PRO3 GRAM. 

4 Section 2193b(g) of title 10, United States Code, is 

5 amended by striking ‘‘90 days after the end of each fiscal 

6 year’’ and inserting ‘‘March 31 of each year’’. 

7 SEC. 595. EXTENSION OF DEADLINE FOR SUBMISSION OF 

8 FINAL REPORT OF MILITARY LEADERSHIP DI9 VERSITY COMMISSION. 

10 Section 596(e)(1) of the Duncan Hunter National De11 fense Authorization Act for Fiscal Year 2009 (Public Law 

12 110–417; 122 Stat. 4478) is amended by striking ‘‘12 

13 months’’ and inserting ‘‘18 months’’. 

14 SEC. 596. ENHANCED AUTHORITY FOR MEMBERS OF THE 

15 ARMED FORCES AND DEPARTMENT OF DE16 FENSE AND COAST GUARD CIVILIAN EMPLOY17 EES AND THEIR FAMILIES TO ACCEPT GIFTS 

18 FROM NON-FEDERAL ENTITIES. 

19 (a) CODIFICATION AND EXPANSION OF EXISTING AU20 THORITY TO COVER ADDITIONAL MEMBERS AND EMPLOY21 EES.— 

22 (1) CODIFICATION AND EXPANSION.—Chapter 

23 155 of title 10, United States Code, is amended by in24 serting after section 2601 the following new section: 


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1 ‘‘§ 2601a. Direct acceptance of gifts by members of the 

2 armed forces and Department of Defense 

3 and Coast Guard employees and their 

4 families 

5 ‘‘(a) REGULATIONS GOVERNING ACCEPTANCE OF

6 GIFTS.—(1) The Secretary of Defense (and the Secretary 

7 of Homeland Security in the case of the Coast Guard) shall 

8 issue regulations to provide that, subject to such limitations 

9 as may be specified in such regulations, the following indi10 viduals may accept gifts from nonprofit organizations, pri11 vate parties, and other sources outside the Department of 

12 Defense or the Department of Homeland Security: 

13 ‘‘(A) A member of the armed forces described in 

14 subsection (c). 

15 ‘‘(B) A civilian employee of the Department of 

16 Defense or Coast Guard described in subsection (d). 

17 ‘‘(C) The family members of such a member or 

18 employee. 

19 ‘‘(D) Survivors of such a member or employee 

20 who is killed. 

21 ‘‘(2) The regulations required by this subsection shall 

22 apply uniformly to all elements of the Department of De23 fense and, to the maximum extent feasible, to the Coast 

24 Guard. 

25 ‘‘(b) EXCEPTION TO GIFT BAN.—A member of the 

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1 ployee described in subsection (d) may accept gifts as pro2 vided in the regulations issued under subsection (a) not3 withstanding section 7353 of title 5. 

4 ‘‘(c) COVERED MEMBERS.—This section applies to a 

5 member of the armed forces who, while performing active 

6 duty, full-time National Guard duty, or inactive-duty 

7 training on or after September 11, 2001, incurred an injury 

8 or illness— 

9 ‘‘(1) as described in section 1413a(e)(2) of this 

10 title; 

11 ‘‘(2) in an operation or area designated as a 

12 combat operation or a combat zone by the Secretary 

13 of Defense in accordance with the regulations issued 

14 under subsection (a); or 

15 ‘‘(3) under other circumstances determined by 

16 the Secretary concerned to warrant treatment analo17 gous to members covered by paragraph (1) or (2). 

18 ‘‘(d) COVERED EMPLOYEES.—This section applies to 

19 a civilian employee of the Department of Defense or Coast 

20 Guard who, while an employee on or after September 11, 

21 2001, incurred an injury or illness under a circumstance 

22 described in paragraph (1), (2), or (3) of subsection (c). 

23 ‘‘(e) GIFTS FROM CERTAIN SOURCES PROHIBITED.— 

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1 thorize the acceptance of a gift from a foreign government 

2 or international organization or their agents.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended by 

5 inserting after the item relating to section 2601 the 

6 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.’’. 

7 (b) REPEAL OF SUPERCEDED PROVISION.—Section 

8 8127 of the Department of Defense Appropriations Act, 

9 2006 (division A of Public Law 109–148; 119 Stat. 2730; 

10 10 U.S.C. 2601 note prec.) is repealed. 

11 (c) APPLICATION OF EXISTING REGULATIONS.—Pend12 ing the issuance of the regulations required by subsection 

13 (a) of section 2601a of title 10, United States Code, as 

14 added by subsection (a), the regulations prescribed under 

15 section 8127 of the Department of Defense Appropriations 

16 Act, 2006 (division A of Public Law 109–148; 119 Stat. 

17 2730; 10 U.S.C. 2601 note prec.) shall apply to the accept18 ance of gifts under such section 2601a. 

19 (d) RETROACTIVE APPLICABILITY OF REGULATIONS.— 

20 The regulations issued under subsection (a) of section 2601a 

21 of title 10, United States Code, as added by subsection (a), 

22 shall, to the extent provided in such regulations, also apply 

23 to the acceptance of gifts during the period beginning on 


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1 September 11, 2001, and ending on the date on which such 

2 regulations go into effect. 

3 SEC. 597. REPORT ON PERFORMANCE AND IMPROVEMENTS 

4 OF TRANSITION ASSISTANCE PROGRAM. 

5 (a) REPORT REQUIRED.—The Secretary of Defense 

6 shall prepare a report on the Transition Assistance Pro7 gram of the Department of Defense. 

8 (b) ELEMENTS.—The report shall include the fol9 lowing: 

10 (1) A statement and analysis of the rates of post11 separation employment rates compared with the gen12 eral population annually since September 11, 2001. 

13 (2) A chronological summary of the evolution 

14 and development of the Transition Assistance Pro15 gram since September 11, 2001. 

16 (3) A description of efforts to transform the 

17 Transition Assistance Program from one of end-of18 service transition to a life-cycle model, in which tran19 sition is considered throughout the career of a member 

20 of the Armed Forces. 

21 (4) An analysis of current and future challenges 

22 members continue to face upon entering the civilian 

23 work force, including a survey of the following indi24 viduals and organizations to identify strengths and 

25 shortcomings in the Transition Assistance Program: 


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1 (A) A representational population of 

2 transitioning or recently separated members. 

3 (B) Employers with a track record of em4 ploying retired or separating members. 

5 (C) Veterans service organizations and ad6 vocacy groups. 

7 (5) Any recommendations, including rec8 ommendations for legislative action, that the Sec9 retary of Defense considers appropriate to improve 

10 the organization, policies, consistency of quality, and 

11 efficacy of the Transition Assistance Program. 

12 (c) CONSULTATION.—The Secretary of Defense shall 

13 prepare the report in consultation with the Secretary of 

14 Labor. 

15 (d) SUBMISSION OF REPORT.—Not later than 270 

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall submit the report to the Committees 

18 on Armed Services of the Senate and the House of Rep19 resentatives. 

20 SEC. 598. SENSE OF CONGRESS REGARDING ASSISTING 

21 MEMBERS OF THE ARMED FORCES TO PAR22 TICIPATE IN APPRENTICESHIP PROGRAMS. 

23 (a) FINDINGS.—Congress makes the following findings: 

24 (1) Some members of the Armed Forces who are 

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1 ficulty finding employment after their separation or 

2 release. 

3 (2) Some members who have served for long peri4 ods on active duty have the additional difficulty of 

5 translating their military experience into skill sets for 

6 civilian employment. 

7 (3) Apprenticeship programs bring immense 

8 value to the American workforce and to individuals 

9 who participate in such programs. 

10 (4) Apprenticeship programs assist in the build11 ing of re ́sume ́s and skills of participants and help 

12 connect participants with employers and job opportu13 nities. 

14 (5) Military units returning from deployment 

15 often operate at a reduced readiness status, which 

16 would allow members who are assigned to the unit, 

17 but who are in the process of being separated or re18 leased from active duty, to be available to participate 

19 in apprenticeship programs. 

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

21 that commanders of units of the Armed Forces should make 

22 every effort to permit members of the Armed Forces who 

23 are assigned to the unit, but who are in the process of being 

24 separated or released from active duty, to participate in 

25 an apprenticeship program that is registered under the Act 


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1 of Aug. 16, 1937 (commonly known as the National Appren2 ticeship Act; 29 U.S.C. 50 et seq.). 

3 (c) ARMED FORCES DEFINED.—In this section, the 

4 term ‘‘Armed Forces’’ means the Army, Navy, Air Force, 

5 and Marine Corps. 

6 TITLE VI—COMPENSATION AND 

7 OTHER PERSONNEL BENEFITS 

8 Subtitle A—Pay and Allowances 

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

10 PAY. 

11 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad12 justment to become effective during fiscal year 2011 re13 quired by section 1009 of title 37, United States Code, in 

14 the rates of monthly basic pay authorized members of the 

15 uniformed services shall not be made. 

16 (b) INCREASE IN BASIC PAY.—Effective on January 

17 1, 2011, the rates of monthly basic pay for members of the 

18 uniformed services are increased by 1.9 percent. 

19 SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEM20 BER COUPLES WHEN ONE OR BOTH MEMBERS 

21 ARE ON SEA DUTY. 

22 (a) IN GENERAL.—Subparagraph (C) of section 

23 403(f)(2) of title 37, United States Code, is amended to read 

24 as follows: 


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1 ‘‘(C) Notwithstanding section 421 of this title, a mem2 ber of a uniformed service in a pay grade below pay grade 

3 E-6 who is assigned to sea duty and is married to another 

4 member of a uniformed service is entitled to a basic allow5 ance for housing subject to the limitations of subsection 

6 (e).’’. 

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect on January 1, 2011. 

9 SEC. 603. ALLOWANCES FOR PURCHASE OF REQUIRED UNI10 FORMS AND EQUIPMENT. 

11 (a) INITIAL ALLOWANCE FOR OFFICERS.—Section 415 

12 of title 37, United States Code, is amended— 

13 (1) in subsection (a)— 

14 (A) by redesignating paragraphs (1) 

15 through (4) as subparagraphs (A) through (D), 

16 respectively; 

17 (B) by inserting ‘‘ALLOWANCE FOR OFFI18 CERS IN THE ARMED FORCES.—(1)’’ after ‘‘(a)’’; 

19 (C) by striking ‘‘$400’’ and inserting 

20 ‘‘$500’’; and 

21 (D) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) The Secretary of a military department, with the 

24 approval of the Secretary of Defense, may increase the max25 imum amount of the allowance specified in paragraph (1) 


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1 for officers of an armed force under the jurisdiction of the 

2 Secretary. The Secretary of Homeland Security, in the case 

3 of the Coast Guard when it is not operating as a service 

4 in the Navy, may increase the maximum amount of the 

5 allowance specified in paragraph (1) for officers of the 

6 Coast Guard.’’; 

7 (2) in subsection (b), by inserting ‘‘EXCEP8 TION.—’’ after ‘‘(b)’’; and 

9 (3) in subsection (c)— 

10 (A) by redesignating paragraphs (1) and 

11 (2) as subparagraphs (A) and (B), respectively; 

12 (B) by striking ‘‘An allowance of $250’’ and 

13 inserting ‘‘PUBLIC HEALTH SERVICE ALLOW14 ANCE.—(1) An allowance of $300’’; and 

15 (C) by inserting ‘‘(2)’’ before ‘‘An officer’’. 

16 (b) ADDITIONAL ALLOWANCES.—Section 416 of such 

17 title is amended— 

18 (1) in subsection (a), by striking ‘‘$200’’ and in19 serting ‘‘$250’’; and 

20 (2) in subsection (b)(1), by striking ‘‘$400’’ and 

21 inserting ‘‘$500’’. 


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1 SEC. 604. INCREASE IN AMOUNT OF FAMILY SEPARATION 

2 ALLOWANCE. 

3 (a) INCREASE.—Section 427(a)(1) of title 37, United 

4 States Code, is amended by striking ‘‘$250’’ and inserting 

5 ‘‘$285’’. 

6 (b) APPLICATION OF AMENDMENT.—The amendment 

7 made by subsection (a) shall take effect on October 1, 2010, 

8 and apply with respect to months beginning on or after that 

9 date. 

10 SEC. 605. ONE-TIME SPECIAL COMPENSATION FOR TRANSI11 TION OF ASSISTANTS PROVIDING AID AND 

12 ATTENDANCE CARE TO MEMBERS OF THE 

13 UNIFORMED SERVICES WITH CATASTROPHIC 

14 INJURIES OR ILLNESSES. 

15 (a) TRANSITION COMPENSATION AUTHORIZED.—Sec16 tion 439 of title 37, United States Code, is amended— 

17 (1) by redesignating subsections (e) through (h) 

18 as subsections (f) through (i), respectively; and 

19 (2) by inserting after subsection (d) the following 

20 new subsection (e): 

21 ‘‘(e) ONE-TIME TRANSITIONAL COMPENSATION AU22 THORIZED.—In addition to monthly special compensation 

23 payable under subsection (a), the Secretary concerned may 

24 pay to a member eligible for monthly special compensation 

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1 tion of assistants providing aid and attendance care to the 

2 member as described in subsection (b)(2).’’. 

3 (b) CONFORMING AND CLERICAL AMENDMENTS.—Such 

4 section is further amended— 

5 (1) in subsection (c), by inserting ‘‘OF MONTHLY

6 COMPENSATION’’ after ‘‘AMOUNT’’; 

7 (2) in subsection (d), by inserting ‘‘OF MONTHLY

8 COMPENSATION’’ after ‘‘DURATION’’; and 

9 (3) in subsection (f), as redesignated by sub10 section (a)(1), by striking ‘‘Monthly special com11 pensation payable to a member under this section’’ 

12 and inserting ‘‘Special compensation paid to a mem13 ber under subsection (a) or (e)’’. 

14 SEC. 606. EXPANSION OF DEFINITION OF SENIOR ENLISTED 

15 MEMBER TO INCLUDE SENIOR ENLISTED 

16 MEMBER SERVING WITHIN A COMBATANT 

17 COMMAND. 

18 (a) BASIC PAY.—On and after January 1, 2011, for 

19 purposes of establishing the rates of monthly basic pay for 

20 members of the uniformed services, the senior enlisted mem21 ber of the Armed Forces serving within a combatant com22 mand (as defined in section 161(c) of title 10, United States 

23 Code) shall be treated in the same manner as the Sergeant 

24 Major of the Army, Master Chief Petty Officer of the Navy, 

25 Chief Master Sergeant of the Air Force, Sergeant Major of 


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1 the Marine Corps, Master Chief Petty Officer of the Coast 

2 Guard, and Senior Enlisted Advisor to the Chairman of 

3 the Joint Chiefs of Staff. 

4 (b) RATE OF BASIC PAY USED TO DETERMINE RE5 TIRED PAY BASE.—Section 1406(i)(3)(B) of title 10, 

6 United States Code, is amended by adding at the end the 

7 following new clause: 

8 ‘‘(vii) Senior enlisted member serving 

9 within a combatant command (as defined 

10 in section 161(c) of this title).’’. 

11 (c) PAY DURING TERMINAL LEAVE AND WHILE HOS12 PITALIZED.—Section 210(c) of title 37, United States Code, 

13 is amended by adding at the end the following new para14 graph: 

15 ‘‘(7) The senior enlisted member serving within 

16 a combatant command (as defined in section 161(c) 

17 of title 10).’’. 

18 SEC. 607. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN 

19 EMPLOYEES FOR RESERVIST INCOME RE20 PLACEMENT PAYMENTS ON ACCOUNT OF 

21 AVAILABILITY OF COMPARABLE BENEFITS 

22 UNDER ANOTHER PROGRAM. 

23 (a) INELIGIBILITY FOR PAYMENTS.—Section 910(b) of 

24 title 37, United States Code, is amended by adding at the 

25 end the following new paragraph: 


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1 ‘‘(3) A member of a reserve component who is otherwise 

2 entitled to a payment under this section is not entitled to 

3 the payment for any month during which the member is 

4 also a civilian employee of the Federal Government entitled 

5 to— 

6 ‘‘(A) a differential payment under section 5538 

7 of title 5; or 

8 ‘‘(B) a comparable benefit under an administra9 tively established program for civilian employees ab10 sent from a position of employment with the Federal 

11 Government in order to perform active duty in the 

12 uniformed services.’’. 

13 (b) EFFECTIVE DATE.—Subsection (b)(3) of section 

14 910 of title 37, United States Code, as added by subsection 

15 (a), shall apply with respect to payments under such section 

16 for months beginning on or after the date of the enactment 

17 of this Act. 

18 Subtitle B—Bonuses and Special 

19 and Incentive Pays 

20 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

21 SPECIAL PAY AUTHORITIES FOR RESERVE 

22 FORCES. 

23 The following sections of title 37, United States Code, 

24 are amended by striking ‘‘December 31, 2010’’ and insert25 ing ‘‘December 31, 2011’’: 


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1 (1) Section 308b(g), relating to Selected Reserve 

2 reenlistment bonus. 

3 (2) Section 308c(i), relating to Selected Reserve 

4 affiliation or enlistment bonus. 

5 (3) Section 308d(c), relating to special pay for 

6 enlisted members assigned to certain high-priority 

7 units. 

8 (4) Section 308g(f)(2), relating to Ready Reserve 

9 enlistment bonus for persons without prior service. 

10 (5) Section 308h(e), relating to Ready Reserve 

11 enlistment and reenlistment bonus for persons with 

12 prior service. 

13 (6) Section 308i(f), relating to Selected Reserve 

14 enlistment and reenlistment bonus for persons with 

15 prior service. 

16 (7) Section 910(g), relating to income replace17 ment payments for reserve component members expe18 riencing extended and frequent mobilization for active 

19 duty service. 

20 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

21 SPECIAL PAY AUTHORITIES FOR HEALTH 

22 CARE PROFESSIONALS. 

23 (a) TITLE 10 AUTHORITIES.—The following sections 

24 of title 10, United States Code, are amended by striking 

25 ‘‘December 31, 2010’’ and inserting ‘‘December 31, 2011’’: 


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1 (1) Section 2130a(a)(1), relating to nurse officer 

2 candidate accession program. 

3 (2) Section 16302(d), relating to repayment of 

4 education loans for certain health professionals who 

5 serve in the Selected Reserve. 

6 (b) TITLE 37 AUTHORITIES.—The following sections of 

7 title 37, United States Code, are amended by striking ‘‘De8 cember 31, 2010’’ and inserting ‘‘December 31, 2011’’: 

9 (1) Section 302c-1(f), relating to accession and 

10 retention bonuses for psychologists. 

11 (2) Section 302d(a)(1), relating to accession 

12 bonus for registered nurses. 

13 (3) Section 302e(a)(1), relating to incentive spe14 cial pay for nurse anesthetists. 

15 (4) Section 302g(e), relating to special pay for 

16 Selected Reserve health professionals in critically 

17 short wartime specialties. 

18 (5) Section 302h(a)(1), relating to accession 

19 bonus for dental officers. 

20 (6) Section 302j(a), relating to accession bonus 

21 for pharmacy officers. 

22 (7) Section 302k(f), relating to accession bonus 

23 for medical officers in critically short wartime spe24 cialties. 


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1 (8) Section 302l(g), relating to accession bonus 

2 for dental specialist officers in critically short war3 time specialties. 

4 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

5 BONUS AUTHORITIES FOR NUCLEAR OFFI6 CERS. 

7 The following sections of title 37, United States Code, 

8 are amended by striking ‘‘December 31, 2010’’ and insert9 ing ‘‘December 31, 2011’’: 

10 (1) Section 312(f), relating to special pay for 

11 nuclear-qualified officers extending period of active 

12 service. 

13 (2) Section 312b(c), relating to nuclear career 

14 accession bonus. 

15 (3) Section 312c(d), relating to nuclear career 

16 annual incentive bonus. 

17 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT18 ING TO TITLE 37 CONSOLIDATED SPECIAL 

19 PAY, INCENTIVE PAY, AND BONUS AUTHORI20 TIES. 

21 The following sections of title 37, United States Code, 

22 are amended by striking ‘‘December 31, 2010’’ and insert23 ing ‘‘December 31, 2011’’: 

24 (1) Section 331(h), relating to general bonus au25 thority for enlisted members. 


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1 (2) Section 332(g), relating to general bonus au2 thority for officers. 

3 (3) Section 333(i), relating to special bonus and 

4 incentive pay authorities for nuclear officers. 

5 (4) Section 334(i), relating to special aviation 

6 incentive pay and bonus authorities for officers. 

7 (5) Section 335(k), relating to special bonus and 

8 incentive pay authorities for officers in health profes9 sions. 

10 (6) Section 351(i), relating to hazardous duty 

11 pay. 

12 (7) Section 352(g), relating to assignment pay or 

13 special duty pay. 

14 (8) Section 353(j), relating to skill incentive pay 

15 or proficiency bonus. 

16 (9) Section 355(i), relating to retention incen17 tives for members qualified in critical military skills 

18 or assigned to high priority units. 

19 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT20 ING TO PAYMENT OF OTHER TITLE 37 BO21 NUSES AND SPECIAL PAYS. 

22 The following sections of chapter 5 of title 37, United 

23 States Code, are amended by striking ‘‘December 31, 2010’’ 

24 and inserting ‘‘December 31, 2011’’: 


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1 (1) Section 301b(a), relating to aviation officer 

2 retention bonus. 

3 (2) Section 307a(g), relating to assignment in4 centive pay. 

5 (3) Section 308(g), relating to reenlistment 

6 bonus for active members. 

7 (4) Section 309(e), relating to enlistment bonus. 

8 (5) Section 324(g), relating to accession bonus 

9 for new officers in critical skills. 

10 (6) Section 326(g), relating to incentive bonus 

11 for conversion to military occupational specialty to 

12 ease personnel shortage. 

13 (7) Section 327(h), relating to incentive bonus 

14 for transfer between armed forces. 

15 (8) Section 330(f), relating to accession bonus for 

16 officer candidates. 

17 SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELAT18 ING TO PAYMENT OF REFERRAL BONUSES. 

19 The following sections of title 10, United States Code, 

20 are amended by striking ‘‘December 31, 2010’’ and insert21 ing ‘‘December 31, 2011’’: 

22 (1) Section 1030(i), relating to health professions 

23 referral bonus. 

24 (2) Section 3252(h), relating to Army referral 

25 bonus. 


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1 SEC. 617. TREATMENT OF OFFICERS TRANSFERRING BE2 TWEEN ARMED FORCES FOR RECEIPT OF 

3 AVIATION CAREER SPECIAL PAY. 

4 Section 301b of title 37, United States Code, is amend5 ed— 

6 (1) by redesignating subsections (h), (i), and (j) 

7 as subsections (i), (j), and (k), respectively; and 

8 (2) by inserting after subsection (g) the following 

9 new subsection (h): 

10 ‘‘(h) TREATMENT OF OFFICERS TRANSFERRING FROM

11 ONE ARMED FORCE TO ANOTHER.—(1) An officer who 

12 transfers from one armed force to another armed force shall 

13 receive the same compensation under this section as other 

14 officers in that armed force with the same number of years 

15 of aviation service performing similar aviation duties in 

16 the same weapon system, notwithstanding any additional 

17 active duty service obligation incurred as a result of the 

18 transfer. 

19 ‘‘(2) Until December 31, 2015, the Secretary concerned 

20 shall continue, regardless of the number of years of aviation 

21 service of an officer, to pay compensation under this section 

22 to an officer who transferred or transfers from one armed 

23 force to an armed force under the jurisdiction of the Sec24 retary concerned until the officer receives the same number 

25 of years of benefits as officers in that armed force with the 

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1 lar aviation duties in the same weapon system. In calcu2 lating the years of benefits received, the Secretary concerned 

3 shall include any year during which the officer received 

4 compensation under this section before the transfer. 

5 ‘‘(3) An officer may not receive compensation under 

6 paragraph (2) for any period during which the officer is 

7 not qualified for compensation under subsection (b).’’. 

8 SEC. 618. INCREASE IN MAXIMUM AMOUNT OF SPECIAL PAY 

9 FOR DUTY SUBJECT TO HOSTILE FIRE OR IM10 MINENT DANGER OR FOR DUTY IN FOREIGN 

11 AREA DESIGNATED AS AN IMMINENT DANGER 

12 AREA. 

13 (a) SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE

14 FIRE OR IMMINENT DANGER.—Section 310(b)(1) of title 37, 

15 United States Code, is amended by striking ‘‘$225 a month’’ 

16 and inserting ‘‘$260 a month’’. 

17 (b) HAZARDOUS DUTY PAY.—Section 351(b)(3) of 

18 such title is amended by striking ‘‘$250 per month’’ and 

19 inserting ‘‘$260 per month’’. 

20 (c) APPLICATION OF AMENDMENTS.—The amendments 

21 made by this section shall take effect on October 1, 2010, 

22 and apply with respect to months beginning on or after that 

23 date. 


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1 SEC. 619. SPECIAL PAYMENT TO MEMBERS OF THE ARMED 

2 FORCES AND CIVILIAN EMPLOYEES OF THE 

3 DEPARTMENT OF DEFENSE KILLED OR 

4 WOUNDED IN ATTACKS DIRECTED AT MEM5 BERS OR EMPLOYEES OUTSIDE OF COMBAT 

6 ZONE, INCLUDING THOSE KILLED OR WOUND7 ED IN CERTAIN 2009 ATTACKS. 

8 (a) TREATMENT OF MEMBERS AND CIVILIANS KILLED

9 OR WOUNDED IN CERTAIN 2009 ATTACKS.— 

10 (1) TREATMENT.—For purposes of all applicable 

11 Federal laws, regulations, and policies, a member of 

12 the Armed Forces or civilian employee of the Depart13 ment of Defense who was killed or wounded in an at14 tack described in paragraph (2) shall be deemed as 

15 follows: 

16 (A) In the case of a member, to have been 

17 killed or wounded in a combat zone as the result 

18 of an act of an enemy of the United States. 

19 (B) In the case of a civilian employee of the 

20 Department of Defense, to have been killed or 

21 wounded as the result of an act of an enemy of 

22 the United States while serving with the Armed 

23 Forces in a contingency operation. 

24 (2) ATTACKS DESCRIBED.—Paragraph (1) ap25 plies to— 


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1 (A) the attack that occurred at Fort Hood, 

2 Texas, on November 5, 2009; and 

3 (B) the attack that occurred at a recruiting 

4 station in Little Rock, Arkansas, on June 1, 

5 2009. 

6 (3) EXCEPTION.—Paragraph (1) shall not apply 

7 to a member of the Armed Forces or a civilian em8 ployee of the Department of Defense whose death or 

9 wound as described in paragraph (1) is the result of 

10 the misconduct of the member or employee, as deter11 mined by the Secretary of Defense. 

12 (b) NEW SPECIAL PAYMENT.— 

13 (1) IN GENERAL.—Chapter 17 of title 37, United 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 911. Special payment to members of the armed 

17 forces and civilian employees of the De18 partment of Defense killed or wounded in 

19 attacks directed at members or employees 

20 outside of combat zone 

21 ‘‘(a) SPECIAL PAYMENT REQUIRED.—The Secretary of 

22 Defense shall pay to a member of the armed forces or a 

23 civilian employee of the Department of Defense who is 

24 wounded in an attack under the circumstances described 

25 in subsection (b), or to an eligible survivor if the member 


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1 or employee is killed in the attack or dies from wounds sus2 tained in the attack, an amount of compensation equal to 

3 the amount determined in subsection (c) that would have 

4 accrued— 

5 ‘‘(1) in the case of a member, on behalf of a 

6 member killed or wounded in a combat zone; and 

7 ‘‘(2) in the case of an employee, on behalf of an 

8 employee killed or wounded while serving with the 

9 Armed Forces in a contingency operation. 

10 ‘‘(b) COVERED ATTACKS.— 

11 ‘‘(1) ATTACKS DESCRIBED.—Except as provided 

12 in paragraph (2), an attack covered by subsection (a) 

13 is any assault or battery resulting in bodily injury 

14 or death committed by an individual who the Sec15 retary of Defense determines knowingly targeted— 

16 ‘‘(A) a member of the armed forces on ac17 count of the military service of the member or 

18 the status of member as a member of the Armed 

19 Forces; or 

20 ‘‘(B) a civilian employee of the Department 

21 of Defense on account of the employee’s employ22 ment with the Department of Defense or affili23 ation with the Department of Defense. 

24 ‘‘(2) GEOGRAPHIC EXCLUSION.—Subsection (a) 

25 does not apply to any attack that— 


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1 ‘‘(A) occurs in a combat zone; or 

2 ‘‘(B) in the case of a civilian employee of 

3 the Department, occurs while the employee is 

4 serving with the armed forces in a contingency 

5 operation. 

6 ‘‘(c) CALCULATION OF COMPENSATION AMOUNT.—The 

7 Secretary of Defense shall identify, in consultation with all 

8 relevant Federal agencies, including the Department of Vet9 erans Affairs and the Internal Revenue Service, all Federal 

10 benefits provided to members of the armed forces and civil11 ian employees of the Department of Defense killed or 

12 wounded in a combat zone, including special pays and the 

13 value of Federal tax advantages accruing because certain 

14 benefits are not subject to Federal income tax. The Secretary 

15 shall exclude from the calculation any Federal benefits pro16 vided regardless of the geographic location or circumstances 

17 of the death or injuries. 

18 ‘‘(d) EXCLUSION OF CERTAIN INDIVIDUALS.—Sub19 section (a) shall not apply to a member of the armed forces 

20 or civilian employee of the Department of Defense whose 

21 death or wound as described in subsection (b) is the result 

22 of the misconduct of the member or employee, as determined 

23 by the Secretary of Defense. 

24 ‘‘(e) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘armed forces’ means the Army, 

2 Navy, Air Force, and Marine Corps. 

3 ‘‘(2) The term ‘combat zone’ means a combat op4 eration or combat zone designated by the Secretary of 

5 Defense. 

6 ‘‘(3) The term ‘eligible survivor’ refers to the per7 sons eligible to receive a death gratuity payment 

8 under section 1477 of title 10. In the case of a de9 ceased member or employee, the eligible survivor who 

10 will receive the payment under subsection (a) shall be 

11 determined as provided in such section.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended by 

14 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.’’. 

15 (3) RETROACTIVE APPLICATION.—Section 911 of 

16 title 37, United States Code, as added by paragraph 

17 (1), shall apply to any attack described in subsection 

18 (b) of such section occurring on or after November 6, 

19 2009. 

20 (c) PURPLE HEART.—This section and the amend21 ments made by this section shall not be construed to pro22 hibit, authorize, or require the award of the Purple Heart 

23 to any member of the Armed Forces. 


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1 Subtitle C—Travel and 

2 Transportation Allowances 

3 SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL 

4 AND TRANSPORTATION ALLOWANCES FOR IN5 ACTIVE DUTY TRAINING OUTSIDE OF NOR6 MAL COMMUTING DISTANCES. 

7 Section 408a(e) of title 37, United States Code, is 

8 amended by striking ‘‘December 31, 2010’’ and inserting 

9 ‘‘December 31, 2011’’. 

10 SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES 

11 FOR ATTENDANCE OF DESIGNATED PERSONS 

12 AT YELLOW RIBBON REINTEGRATION 

13 EVENTS. 

14 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

15 (1) IN GENERAL.—Chapter 7 of title 37, United 

16 States Code, is amended by inserting after section 

17 411k the following new section: 

18 ‘‘§ 411l. Travel and transportation allowances: attend19 ance of designated persons at Yellow Rib20 bon Reintegration events 

21 ‘‘(a) ALLOWANCE TO FACILITATE ATTENDANCE.— 

22 Under uniform regulations prescribed by the Secretaries 

23 concerned, travel and transportation described in subsection 

24 (c) may be provided for a person designated pursuant to 

25 subsection (b) to attend an event conducted under the Yellow 


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1 Ribbon Reintegration Program established pursuant to sec2 tion 582 of the National Defense Authorization Act for Fis3 cal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) 

4 if the Secretary concerned determines that the presence of 

5 the person may contribute to the purposes of the event. 

6 ‘‘(b) COVERED PERSONS.—A member of the uniformed 

7 services who is eligible to attend a Yellow Ribbon Reintegra8 tion Program event may designate one or more persons, in9 cluding another member of the uniformed services, for pur10 poses of receiving travel and transportation described in 

11 subsection (c) to attend a Yellow Ribbon Reintegration Pro12 gram event. The designation of a person for purposes of this 

13 section may be changed at any time. 

14 ‘‘(c) AUTHORIZED TRAVEL AND TRANSPORTATION.— 

15 (1) The transportation authorized by subsection (a) for a 

16 person designated under subsection (b) is round-trip trans17 portation between the home or place of business of the per18 son and the location of the Yellow Ribbon Reintegration 

19 Program event. 

20 ‘‘(2) In addition to the transportation authorized by 

21 subsection (a), the Secretary concerned may provide a per 

22 diem allowance or reimbursement for the actual and nec23 essary expenses of the travel, or a combination thereof, but 

24 not to exceed the rates established under section 404(d) of 

25 this title. 


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1 ‘‘(3) The transportation authorized by subsection (a) 

2 may be provided by any of the following means: 

3 ‘‘(A) Transportation in-kind. 

4 ‘‘(B) A monetary allowance in place of transpor5 tation in-kind at a rate to be prescribed by the Secre6 taries concerned. 

7 ‘‘(C) Reimbursement for the commercial cost of 

8 transportation. 

9 ‘‘(4) An allowance payable under this subsection may 

10 be paid in advance. 

11 ‘‘(5) Reimbursement payable under this subsection 

12 may not exceed the cost of Government-procured commercial 

13 round-trip air travel.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended by 

16 inserting after the item related to section 411k the fol17 lowing new item: 

‘‘411l. Travel and transportation allowances: attendance of designated persons at 

Yellow Ribbon Reintegration events.’’. 

18 (b) APPLICABILITY.—No reimbursement may be pro19 vided under section 411l of title 37, United States Code, 

20 as added by subsection (a), for travel and transportation 

21 costs incurred before September 30, 2010. 


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1 SEC. 633. MILEAGE REIMBURSEMENT FOR USE OF PRI2 VATELY OWNED VEHICLES. 

3 (a) USE OF SINGLE STANDARD MILEAGE RATE ES4 TABLISHED BY IRS.—Section 5704(a)(1) of title 5, United 

5 States Code, is amended by striking ‘‘shall not exceed’’ and 

6 inserting ‘‘shall be equal to’’. 

7 (b) PRESCRIPTION OF MILEAGE REIMBURSEMENT

8 RATES.—Section 5707(b) of such title is amended— 

9 (1) in paragraph (1), by striking subparagraph 

10 (A) and inserting the following new subparagraph: 

11 ‘‘(A) The Administrator of General Services shall 

12 conduct periodic investigations of the cost of travel 

13 and the operation of privately owned airplanes and 

14 privately owned motorcycles by employees while en15 gaged on official business, and shall report the results 

16 of such investigations to Congress at least once a 

17 year.’’; and 

18 (2) in paragraph (2)(A), by striking clause (i) 

19 and inserting the following new clause: 

20 ‘‘(i) shall prescribe a mileage reimburse21 ment rate for privately owned automobiles which 

22 equals, as provided in section 5704(a)(1) of this 

23 title, the single standard mileage rate established 

24 by the Internal Revenue Service, and’’. 


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1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 641. ELIMINATION OF CAP ON RETIRED PAY MULTI4 PLIER FOR MEMBERS WITH GREATER THAN 

5 30 YEARS OF SERVICE WHO RETIRE FOR DIS6 ABILITY. 

7 (a) COMPUTATION OF RETIRED PAY.—The table in 

8 section 1401(a) of title 10, United States Code, is amend9 ed— 

10 (1) in the column designated ‘‘Column 2’’, by in11 serting ‘‘, not to exceed 75%,’’ after ‘‘percentage of 

12 disability’’ both places it appears; and 

13 (2) by striking column 4. 

14 (b) RECOMPUTATION OF RETIRED OR RETAINER PAY

15 TO REFLECT LATER ACTIVE DUTY OF MEMBERS WHO

16 FIRST BECAME MEMBERS BEFORE SEPTEMBER 8, 1980.— 

17 The table in section 1402(d) of such title is amended— 

18 (1) in the column designated ‘‘Column 2’’, by in19 serting ‘‘, not to exceed 75%,’’ after ‘‘percentage of 

20 disability’’; and 

21 (2) by striking column 4. 

22 (c) RECOMPUTATION OF RETIRED OR RETAINER PAY

23 TO REFLECT LATER ACTIVE DUTY OF MEMBERS WHO

24 FIRST BECAME MEMBERS AFTER SEPTEMBER 7, 1980.— 

25 The table in section 1402a(d) of such title is amended— 


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1 (1) in the column designated ‘‘Column 2’’, by in2 serting ‘‘, not to exceed 75 percent,’’ after ‘‘percentage 

3 of disability’’; and 

4 (2) by striking column 4. 

5 (d) APPLICATION OF AMENDMENTS.—The tables in sec6 tions 1401(a), 1402(d), and 1402a(d) of title 10, United 

7 States Code, as in effect on the day before the date of the 

8 enactment of this Act, shall continue to apply to the com9 putation or recomputation of retired or retainer pay for 

10 persons who first became entitled to retired or retainer pay 

11 under subtitle A of such title on or before the date of the 

12 enactment of this Act. The amendments made by this sec13 tion shall apply only with respect to persons who first be14 come entitled to retired or retainer pay under such subtitle 

15 after that date. 

16 SEC. 642. EQUITY IN COMPUTATION OF DISABILITY RE17 TIRED PAY FOR RESERVE COMPONENT MEM18 BERS WOUNDED IN ACTION. 

19 Section 1208(b) of title 10, United States Code, is 

20 amended by adding at the end the following new sentence: 

21 ‘‘However, in the case of such a member who is retired 

22 under this chapter, or whose name is placed on the tem23 porary disability retired list under this chapter, because of 

24 a disability incurred after the date of the enactment of the 

25 National Defense Authorization Act for Fiscal Year 2011, 


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1 for which the member is awarded the Purple Heart, the 

2 member shall be credited, for the purposes of this chapter, 

3 with the number of years of service that would be counted 

4 if computing the member’s years of service under section 

5 12732 of this title.’’. 

6 SEC. 643. ELIMINATION OF THE AGE REQUIREMENT FOR 

7 HEALTH CARE BENEFITS FOR NON-REGULAR 

8 SERVICE RETIREES. 

9 Section 1074(b) of title 10, United States Code, is 

10 amended— 

11 (1) by striking ‘‘(1)’’; and 

12 (2) by striking paragraph (2). 

13 SEC. 644. CLARIFICATION OF EFFECT OF ORDERING RE14 SERVE COMPONENT MEMBER TO ACTIVE 

15 DUTY TO RECEIVE AUTHORIZED MEDICAL 

16 CARE ON REDUCING ELIGIBILITY AGE FOR 

17 RECEIPT OF NON-REGULAR SERVICE RE18 TIRED PAY. 

19 Section 12731(f)(2)(B) of title 10, United States Code, 

20 is amended by adding at the end the following new clause: 

21 ‘‘(iii) If a member described in subparagraph (A) is 

22 wounded or otherwise injured or becomes ill while serving 

23 on active duty pursuant to a call or order to active duty 

24 under a provision of law referred to in the first sentence 

25 of clause (i) or in clause (ii), and the member is then orVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 dered to active duty under section 12301(h)(1) of this title 

2 to receive medical care for the wound injury, or illness, each 

3 day of active duty under that order for medical care shall 

4 be treated as a continuation of the original call or order 

5 to active duty for purposes of reducing the eligibility age 

6 of the member under this paragraph.’’. 

7 SEC. 645. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR 

8 RECIPIENTS OF PRE-SURVIVOR BENEFIT 

9 PLAN ANNUITY AFFECTED BY REQUIRED OFF10 SET FOR DEPENDENCY AND INDEMNITY COM11 PENSATION. 

12 Section 644 of the National Defense Authorization Act 

13 for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 1448 

14 note) is amended— 

15 (1) by redesignating subsections (c), (d), and (e) 

16 as subsections (d), (e), and (f), respectively; and 

17 (2) by inserting after subsection (b) the following 

18 new subsection: 

19 ‘‘(c) SPECIAL SURVIVOR INDEMNITY ALLOWANCE.—(1) 

20 The Secretary concerned shall pay a monthly special sur21 vivor indemnity allowance under this subsection to a quali22 fied surviving spouse described in subsection (a) if— 

23 ‘‘(A) the surviving spouse is entitled to depend24 ency and indemnity compensation under section 

25 1311(a) of title 38, United States Code; and 


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1 ‘‘(B) the amount of the annuity to which the sur2 viving spouse is entitled under subsection (b) is af3 fected by paragraph (2)(A) of such subsection. 

4 ‘‘(2) Subject to paragraph (3), the amount of the spe5 cial survivor indemnity allowance paid to surviving spouse 

6 under paragraph (1) for a month shall be equal to— 

7 ‘‘(A) for months during fiscal year 2009, $50; 

8 ‘‘(B) for months during fiscal year 2010, $60; 

9 ‘‘(C) for months during fiscal year 2011, $70; 

10 ‘‘(D) for months during fiscal year 2012, $80; 

11 ‘‘(E) for months during fiscal year 2013, $90; 

12 ‘‘(F) for months during fiscal year 2014, $150; 

13 ‘‘(G) for months during fiscal year 2015, $200; 

14 ‘‘(H) for months during fiscal year 2016, $275; 

15 and 

16 ‘‘(I) for months during fiscal year 2017, $310. 

17 ‘‘(3) The amount of the special survivor indemnity al18 lowance paid to an eligible survivor under paragraph (1) 

19 for any month may not exceed the amount of the annuity 

20 for that month that is subject to offset under subsection 

21 (b)(2)(A) 

22 ‘‘(4) A special survivor indemnity allowance paid 

23 under paragraph (1) does not constitute an annuity, and 

24 amounts so paid are not subject to adjustment under any 

25 other provision of law. 


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1 ‘‘(5) The special survivor indemnity allowance shall 

2 be paid under paragraph (1) from amounts in the Depart3 ment of Defense Military Retirement Fund established 

4 under section 1461 of title 10, United States Code. 

5 ‘‘(6) Subject to paragraph (7), this subsection shall 

6 only apply with respect to the month that began on October 

7 1, 2008, and subsequent months through the month ending 

8 on September 30, 2017. As soon as practicable after the date 

9 of the enactment of the National Defense Authorization Act 

10 for Fiscal Year 2011, the Secretary concerned shall pay, in 

11 a lump sum, the total amount of the special survivor indem12 nity allowances due under paragraph (1) to a qualified sur13 viving spouse for months since October 1, 2008, through the 

14 month in which the first allowance is paid under para15 graph (1) to the qualified surviving spouse. 

16 ‘‘(7) Effective on October 1, 2017, the authority pro17 vided by this subsection shall terminate. No special survivor 

18 indemnity allowance may be paid to any person by reason 

19 of this subsection for any period before October 1, 2008, or 

20 beginning on or after October 1, 2017.’’. 

21 SEC. 646. PAYMENT DATE FOR RETIRED AND RETAINER 

22 PAY. 

23 (a) SETTING PAYMENT DATE.—Section 1412 of title 

24 10, United States Code, is amended— 


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1 (1) by striking ‘‘Amounts’’ and inserting ‘‘(a) 

2 ROUNDING.—Amounts’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(b) PAYMENT DATE.—Amounts of retired pay and re6 tainer pay due a retired member of the uniformed services 

7 shall be paid on the first day of each month beginning after 

8 the month in which the right to such pay accrues.’’. 

9 (b) CLERICAL AMENDMENTS.— 

10 (1) SECTION HEADING.—The heading of such sec11 tion is amended to read as follows: 

12 ‘‘§ 1412. Administrative provisions’’. 

13 (2) TABLE OF SECTIONS.—The table of sections 

14 at the beginning of chapter 71 of such title is amend15 ed by striking the item relating to section 1412 and 

16 inserting the following new item: 

‘‘1412. Administrative provisions.’’. 

17 (c) EFFECTIVE DATE.—Subsection (b) of section 1412 

18 of title 10, United States Code, as added by subsection (a), 

19 shall apply beginning with the first month that begins more 

20 than 30 days after the date of the enactment of this Act. 


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1 Subtitle E—Commissary and Non2 appropriated Fund Instrumen3 tality Benefits and Operations 

4 SEC. 651. SHARED CONSTRUCTION COSTS FOR SHOPPING 

5 MALLS OR SIMILAR FACILITIES CONTAINING 

6 A COMMISSARY STORE AND ONE OR MORE 

7 NONAPPROPRIATED FUND INSTRUMEN8 TALITY ACTIVITIES. 

9 Section 2484(h)(2) of title 10, United States Code, is 

10 amended— 

11 (1) by redesignating subparagraph (B) as sub12 paragraph (C) and, in such subparagraph, by strik13 ing ‘‘subparagraph (A)’’ and inserting ‘‘this para14 graph’’; 

15 (2) in the first sentence of subparagraph (A), by 

16 inserting ‘‘the Defense Commissary Agency or’’ after 

17 ‘‘may authorize’’; 

18 (3) by designating the second sentence of sub19 paragraph (A) as subparagraph (B) and, in such sub20 paragraph, by striking ‘‘The Secretary may’’ and in21 serting the following: ‘‘If the construction contract is 

22 entered into by a nonappropriated fund instrumen23 tality, the Secretary of Defense may’’; and 

24 (4) by adding at the end of subparagraph (B), 

25 as designated by paragraph (3), the following new 


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1 sentence: ‘‘If the construction contract is entered into 

2 by the Defense Commissary Agency, the Secretary 

3 may authorize the Defense Commissary Agency accept 

4 reimbursement from a nonappropriated fund instru5 mentality for the portion of the cost of the contract 

6 that is attributable to construction for non7 appropriated fund instrumentality activities.’’. 

8 SEC. 652. ADDITION OF DEFINITION OF MORALE, WELFARE, 

9 AND RECREATION TELEPHONE SERVICES 

10 FOR USE IN CONTRACTS TO PROVIDE SUCH 

11 SERVICES FOR MILITARY PERSONNEL SERV12 ING IN COMBAT ZONES. 

13 Section 885 of the National Defense Authorization Act 

14 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 265; 

15 10 U.S.C. 2304 note) is amended by adding at the end the 

16 following new subsection: 

17 ‘‘(c) MORALE, WELFARE, AND RECREATION TELE18 PHONE SERVICES DEFINED.—In this section, the term ‘mo19 rale, welfare, and recreation telephone services’ means unof20 ficial telephone calling center services supporting calling 

21 centers provided by the Army and Air Force Exchange 

22 Service, Navy Exchange Service Command, Marine Corps 

23 exchanges, or any other nonappropriated fund instrumen24 tality of the United States under the jurisdiction of the 

25 Armed Forces which is conducted for the comfort, pleasure, 


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1 contentment, or physical or mental improvement of mem2 bers of the Armed Forces.’’. 

3 SEC. 653. FEASIBILITY STUDY ON ESTABLISHMENT OF FULL 

4 EXCHANGE STORE IN THE NORTHERN MAR5 IANA ISLANDS. 

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

7 conduct a study to determine the feasibility of replacing the 

8 ‘‘Shoppette’’ of the Army and Air Force Exchange Service 

9 in the Northern Mariana Islands with a full-service ex10 change store. In conducting the study, the Secretary shall 

11 consider the welfare of members of the Armed Forces serving 

12 in the Northern Mariana Islands and dependents of mem13 bers residing in the Northern Mariana Islands. 

14 (b) SUBMISSION OF RESULTS.—Not later than 180 

15 days after the date of the enactment of this Act, the Sec16 retary of Defense shall submit to Congress a report con17 taining the results of the study conducted under subsection 

18 (a). 


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1 Subtitle F—Alternative Career 

2 Track Pilot Program 

3 SEC. 661. PILOT PROGRAM TO EVALUATE ALTERNATIVE CA4 REER TRACK FOR COMMISSIONED OFFICERS 

5 TO FACILITATE AN INCREASED COMMITMENT 

6 TO ACADEMIC AND PROFESSIONAL EDU7 CATION AND CAREER-BROADENING ASSIGN8 MENTS. 

9 (a) PROGRAM AUTHORIZED.—Chapter 39 of title 10, 

10 United States Code, is amended by inserting after section 

11 672 the following new section: 

12 ‘‘§ 673. Alternative career track for commissioned offi13 cers pilot program 

14 ‘‘(a) PROGRAM AUTHORIZED.—(1) Under regulations 

15 prescribed pursuant to subsection (g) and approved by the 

16 Secretary of Defense, the Secretary of a military depart17 ment may establish a pilot program for an armed force 

18 under the jurisdiction of the Secretary under which an eli19 gible commissioned officer, while on active duty— 

20 ‘‘(A) participates in a separate career track 

21 characterized by expanded career opportunities ex22 tending over a longer career; 

23 ‘‘(B) agrees to an additional active duty service 

24 obligation of at least five years to be served concur25 rently with other active duty service obligations; and 


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1 ‘‘(C) would be required to accept further active 

2 duty service obligations, as determined by the Sec3 retary, to be served concurrently with other active 

4 duty service obligations, including the active duty 

5 service obligation accepted under subparagraph (B), 

6 in connection with the officer’s entry into education 

7 programs, selection for career broadening assign8 ments, acceptance of additional special and incentive 

9 pays, or selection for promotion. 

10 ‘‘(2) The Secretary of the military department con11 cerned may waive an active duty service obligation accepted 

12 under subparagraph (B) or (C) of paragraph (1) to facili13 tate the separation or retirement of a participant in the 

14 program. 

15 ‘‘(3) The program shall be known as the ‘Alternative 

16 Career Track Pilot Program’ (in this section referred to as 

17 the ‘program’). 

18 ‘‘(b) ELIGIBLE OFFICERS.—Commissioned officers 

19 with between 13 and 18 years of service are eligible to vol20 unteer to participate in the program. 

21 ‘‘(c) NUMBER OF PARTICIPANTS.—No more than 50 of22 ficers of each armed force may be selected per year to par23 ticipate in the program. 

24 ‘‘(d) ALTERNATIVE CAREER ELEMENTS OF PRO25 GRAM.—(1) The Secretaries of the military departments 


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1 may establish separate basic pay and special and incentive 

2 pay and promotion systems unique to the officers partici3 pating in the program, without regard to the requirements 

4 of this title or title 37. 

5 ‘‘(2) The Secretaries of the military departments may 

6 establish separation and retirement policies for officers par7 ticipating in the program without regard to grade and 

8 years of service requirements established under this title. 

9 ‘‘(3) Participants serving in a grade below brigadier 

10 general or rear admiral (lower half) may serve in the grade 

11 without regard to the limits on the number of officers in 

12 the grade established under this title. 

13 ‘‘(e) TREATMENT OF GENERAL AND FLAG OFFICER

14 PARTICIPANTS.—(1) A participant serving in a grade above 

15 colonel, or captain in the Navy, but below lieutenant gen16 eral or vice admiral, shall be— 

17 ‘‘(A) counted for purposes of general officer and 

18 flag officer limits on grade and the total number serv19 ing as general officers and flag officers, if the partici20 pant is serving in a position requiring the assign21 ment of a military officer; but 

22 ‘‘(B) excluded from limits on grade and the total 

23 number serving as general officers and flag officers, if 

24 the participant is serving in a position not typically 

25 occupied by a military officer. 


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1 ‘‘(2) A participant serving in the grade of lieutenant 

2 general, vice admiral, general, or admiral shall be counted 

3 for purposes of general officer and flag officer limits on 

4 grade and the total number serving as general officers and 

5 flag officers. 

6 ‘‘(f) RETURN TO STANDARD CAREER PATH; EF7 FECT.—(1) The Secretaries of the military departments re8 tain the authority to involuntarily return an officer to the 

9 standard career path. 

10 ‘‘(2) The Secretary of the military department con11 cerned may return an officer to the standard career path 

12 at the request of the officer. 

13 ‘‘(3) If the program is terminated pursuant to para14 graph (4) or (5) of subsection (i), officers participating in 

15 the program at the time of the termination shall be returned 

16 to the standard career path. 

17 ‘‘(4) An officer returned to the standard career path 

18 under paragraph (1), (2), or (3) shall retain the grade, 

19 date-of-rank, and basic pay level earned while a participant 

20 in the program but shall revert to the special and incentive 

21 pay authorities established in title 37 upon the expiration 

22 of the agreement between the Secretary and the officer pro23 viding any special and incentive pays under the program. 

24 Subsequent increases in the officer’s rate of monthly basic 


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1 pay shall conform to the annual percentage increases in 

2 basic pay rates provided in the basic pay table. 

3 ‘‘(g) ANNUAL REPORT.—(1) The Secretaries of the 

4 military departments, in cooperation with the Secretary of 

5 Defense, shall submit to the Committees on Armed Services 

6 of the Senate and House of Representatives an annual re7 port containing the findings and recommendations of the 

8 Secretary of Defense and the Secretaries of the military de9 partments concerning the progress of the program for each 

10 armed force. 

11 ‘‘(2) The Secretary of a military department, with the 

12 consent of the Secretary of Defense, may include in the re13 port for a year a recommendation that the program be 

14 made permanent for an armed force under the jurisdiction 

15 of that Secretary. 

16 ‘‘(h) REGULATIONS.—The Secretary of each military 

17 department shall prescribe regulations to carry out the pro18 gram. The regulations shall be subject to the approval of 

19 the Secretary of Defense. 

20 ‘‘(i) COMMENCEMENT; DURATION.—(1) Before author21 izing the commencement of the program for an armed force, 

22 the Secretary of the military department concerned, with 

23 the consent of the Secretary of Defense, shall submit to the 

24 Committees on Armed Services of the Senate and House of 

25 Representatives a report containing the detailed program 


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1 structure of the alternative career track, associated per2 sonnel and compensation policies, implementing instruc3 tions and regulations, and a summary of the specific provi4 sions of this title and title 37 to be waived under the pro5 gram. The authority to conduct the program for that armed 

6 force commences 120 days after the date of the submission 

7 of the report. 

8 ‘‘(2) The Secretary of the military department con9 cerned, with the consent of the Secretary of Defense, may 

10 authorize revision of the program structure, associated per11 sonnel and compensation policies, implementing instruc12 tions and regulations, or laws waived, as submitted by the 

13 Secretary under paragraph (1). The Secretary of the mili14 tary department concerned, with the consent of the Sec15 retary of Defense, shall submit the proposed revisions to the 

16 Committees on Armed Services of the Senate and House of 

17 Representatives. The revisions shall take effect 120 days 

18 after the date of their submission. 

19 ‘‘(3) If the program for an armed force has not com20 menced before December 31, 2015, as provided in paragraph 

21 (1), the authority to commence the program for that armed 

22 force terminates. 

23 ‘‘(4) No officer may be accepted to participate in the 

24 program after December 31, 2026. 


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1 ‘‘(5) The Secretary of the military department con2 cerned, with the consent of the Secretary of Defense, may 

3 terminate the pilot program for an armed force before the 

4 date specified in paragraph (4). Not later than 90 days 

5 after terminating the pilot program, the Secretary of the 

6 military department concerned, in cooperation with the 

7 Secretary of Defense, shall submit to the Committees on 

8 Armed Services of the Senate and House of Representatives 

9 a report containing the reasons for the termination.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of such chapter is amended by inserting after 

12 the item relating to section 672 the following new item: 

‘‘673. Alternative career track for commissioned officers pilot program.’’. 

13 Subtitle G—Other Matters 

14 SEC. 671. PARTICIPATION OF MEMBERS OF THE ARMED 

15 FORCES HEALTH PROFESSIONS SCHOLAR16 SHIP AND FINANCIAL ASSISTANCE PROGRAM 

17 IN ACTIVE DUTY HEALTH PROFESSION LOAN 

18 REPAYMENT PROGRAM. 

19 Section 2173(c) of title 10, United States Code, is 

20 amended by adding at the end the following new paragraph: 

21 ‘‘(4) The person is enrolled in the Armed Forces 

22 Health Professions Scholarship and Financial Assist23 ance program under subchapter I of chapter 105 of 

24 this title for a number of years less than the number 

25 of years required to complete the normal length of the 


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1 course of study required for the specific health profes2 sion.’’. 

3 SEC. 672. RETENTION OF ENLISTMENT, REENLISTMENT, 

4 AND STUDENT LOAN BENEFITS RECEIVED BY 

5 MILITARY TECHNICIANS (DUAL STATUS). 

6 (a) TREATMENT OF ENLISTMENT, REENLISTMENT, 

7 AND STUDENT LOAN BENEFITS.—Section 10216 of title 10, 

8 United States Code, is amended by adding at the end the 

9 following new subsection: 

10 ‘‘(h) RETENTION OF BONUSES AND OTHER BENE11 FITS.—If an individual is first employed as a military 

12 technician (dual status) while the individual is already a 

13 member of a reserve component, the Secretary concerned 

14 may not— 

15 ‘‘(1) require the individual to repay any enlist16 ment, reenlistment, or affiliation bonus provided to 

17 the individual in connection with the individual’s en18 listment or reenlistment before such employment; or 

19 ‘‘(2) terminate the individual’s participation in 

20 an educational loan repayment program under chap21 ter 1609 of this title if the individual began such par22 ticipation before such employment.’’. 

23 (b) EFFECTIVE DATE.—Subsection (h) of section 

24 10216 of title 10, United States Code, as added by sub25 section (a), shall apply only with respect to individuals who 


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1 are first employed as a military technician (dual status), 

2 as described in subsection (a)(1) of such section 10216, more 

3 than 180 days after the date of the enactment of this Act. 

4 SEC. 673. CANCELLATION OF LOANS OF MEMBERS OF THE 

5 ARMED FORCES MADE FROM STUDENT LOAN 

6 FUNDS. 

7 Section 465(a) of the Higher Education Act of 1965 

8 (20 U.S.C. 1087ee(a)) is amended by adding at the end the 

9 following new paragraph: 

10 ‘‘(8) For the purpose of this subsection, the term 

11 ‘year of service’ where applied to service by a member 

12 of the Armed Forces described in paragraph (2)(D) 

13 means a qualified tour of duty that— 

14 ‘‘(A) is for 6 months or longer; or 

15 ‘‘(B) was less than 6 months because the 

16 member was discharged or released from active 

17 duty in the Armed Forces for an injury or dis18 ability incurred in or aggravated by service in 

19 the Armed Forces.’’. 


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1 TITLE VII—HEALTH CARE 

2 PROVISIONS 

3 Subtitle A—Improvements to Health 

4 Benefits 

5 SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN 

6 CERTAIN HEALTH CARE COSTS. 

7 (a) CHARGES UNDER CONTRACTS FOR MEDICAL

8 CARE.—Section 1097(e) of title 10, United States Code, is 

9 amended by striking ‘‘September 30, 2009’’ and inserting 

10 ‘‘September 30, 2011’’. 

11 (b) CHARGES FOR INPATIENT CARE.—Section 

12 1086(b)(3) of such title is amended by striking ‘‘September 

13 30, 2010’’ and inserting ‘‘September 30, 2011’’. 

14 SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER 

15 TRICARE. 

16 (a) DEPENDENT COVERAGE.— 

17 (1) IN GENERAL.—Chapter 55 of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new section: 

20 ‘‘§ 1110b. TRICARE program: extension of dependent 

21 coverage 

22 ‘‘(a) IN GENERAL.—In accordance with subsection (c), 

23 an individual described in subsection (b) shall be deemed 

24 to be a dependent (as described in section 1072(2)(D) of 

25 this title) for purposes of TRICARE coverage. 


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1 ‘‘(b) INDIVIDUAL DESCRIBED.—An individual de2 scribed in this subsection is an individual who— 

3 ‘‘(1) with respect to a member or former member 

4 of a uniformed service, is— 

5 ‘‘(A) a child who has not attained the age 

6 of 26 and is not eligible to enroll in an eligible 

7 employer-sponsored plan (as defined in section 

8 5000A(f)(2) of the Internal Revenue Code of 

9 1986); or 

10 ‘‘(B) a person who— 

11 ‘‘(i) is placed in the legal custody of 

12 the member or former member as a result of 

13 an order of a court of competent jurisdic14 tion in the United States (or possession of 

15 the United States) for a period of at least 

16 12 consecutive months; 

17 ‘‘(ii) has not attained the age of 26; 

18 ‘‘(iii) is not eligible to enroll in an eli19 gible employer-sponsored plan (as defined 

20 in section 5000A(f)(2) of the Internal Rev21 enue Code of 1986); 

22 ‘‘(iv) resides with the member or 

23 former member unless separated by the ne24 cessity of military service or to receive in25 stitutional care as a result of disability or 


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1 incapacitation or under such other cir2 cumstances as the administering Secretary 

3 may by regulation prescribe; 

4 ‘‘(v) is not otherwise a dependent of a 

5 member or a former member under any sub6 paragraph of section 1072(2) of this title; 

7 and 

8 ‘‘(vi) is not the child of a dependent 

9 who is described in subparagraph (D) or (I) 

10 of section 1072(2) and is a covered bene11 ficiary; and 

12 ‘‘(2) meets other criteria specified in regulations 

13 prescribed by the Secretary. 

14 ‘‘(c) PREMIUM.—(1) The Secretary shall prescribe by 

15 regulation a premium for TRICARE coverage provided 

16 pursuant to this section to an individual described in sub17 section (b). 

18 ‘‘(2) The monthly amount of the premium in effect for 

19 a month for TRICARE coverage pursuant to this section 

20 shall be an amount not to exceed the cost of coverage that 

21 the Secretary determines on an appropriate actuarial basis. 

22 ‘‘(3) The Secretary shall prescribe the requirements 

23 and procedures applicable to the payment of premiums 

24 under this subsection. 


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1 ‘‘(4) Amounts collected as premiums under this para2 graph shall be credited to the appropriation available for 

3 the Defense Health Program Account under section 1100 

4 of this title, shall be merged with sums in such Account 

5 that are available for the fiscal year in which collected, and 

6 shall be available under subsection (b) of such section for 

7 such fiscal year. 

8 ‘‘(d) TRICARE COVERAGE DEFINED.—In this section, 

9 the term ‘TRICARE coverage’ means health care to which 

10 a dependent described in section 1072(2)(D) of this title is 

11 entitled under section 1076d, 1076e, 1079, 1086, or 1097 

12 of this title.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of such chapter is amended by 

15 inserting after the item relating to section 1110a the 

16 following new item: 

‘‘1110b. TRICARE program: extension of dependent coverage.’’. 

17 (b) CONFORMING AMENDMENT.—Paragraph (1) of sec18 tion 1086(c) of title 10, United States Code, is amended 

19 by inserting after ‘‘of this title’’ the following: ‘‘(or an indi20 vidual described in section 1110b(b) who meets the require21 ments for a dependent under paragraph (1) or (2) of such 

22 section 1076(b))’’. 

23 (c) EFFECTIVE DATE.—The amendments made by this 

24 section shall take effect on October 1, 2010. 


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1 SEC. 703. SURVIVOR DENTAL BENEFITS. 

2 Paragraph (2) of section 1076a(k) of title 10, United 

3 States Code, is amended to read as follows: 

4 ‘‘(2) Such term includes any such dependent of a mem5 ber who dies— 

6 ‘‘(A) while on active duty for a period of more 

7 than 30 days; or 

8 ‘‘(B) while such member is a member of the 

9 Ready Reserve.’’. 

10 SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE 

11 ARMED FORCES. 

12 (a) IN GENERAL.—Paragraph (2) of section 1074f(b) 

13 of title 10, United States Code, is amended by adding at 

14 the end the following new subparagraph: 

15 ‘‘(D) An aural screening, including an assess16 ment of tinnitus.’’. 

17 (b) EFFECTIVE DATE.—Section 1074f(b)(2) of title 10, 

18 United States Code, as added by subsection (a) of this sec19 tion, shall apply to members of the Armed Forces who are 

20 deployed or return from deployment on or after the date 

21 that is 30 days after the date of the enactment of this Act. 

22 SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN CO23 PAYMENTS UNDER RETAIL PHARMACY SYS24 TEM OF PHARMACY BENEFITS PROGRAM. 

25 During the period beginning on October 1, 2010, and 

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1 ments established under paragraph (6) of section 1074g(a) 

2 of title 10, United States Code, for pharmaceutical agents 

3 available through retail pharmacies covered by paragraph 

4 (2)(E)(ii) of such section may not exceed amounts as fol5 lows: 

6 (1) In the case of generic agents, $3. 

7 (2) In the case of formulary agents, $9. 

8 (3) In the case of nonformulary agents, $22. 

9 Subtitle B—Health Care 

10 Administration 

11 SEC. 711. ADMINISTRATION OF TRICARE. 

12 Subsection (a) of section 1073 of title 10, United States 

13 Code, is amended— 

14 (1) by striking ‘‘Except’’ and inserting ‘‘(1) Ex15 cept’’; and 

16 (2) by adding at the end the following new para17 graph: 

18 ‘‘(2) Except as otherwise provided in this chapter, the 

19 Secretary of Defense shall have sole responsibility for ad20 ministering the TRICARE program and making any deci21 sion affecting such program.’’. 

22 SEC. 712. UPDATED TERMINOLOGY FOR THE ARMY MED23 ICAL SERVICE CORPS. 

24 Paragraph (5) of section 3068 of title 10, United 

25 States Code, is amended— 


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1 (1) in subparagraph (A), by striking ‘‘Phar2 macy, Supply, and Administration’’ and inserting 

3 ‘‘Administrative Health Services’’; 

4 (2) in subparagraph (C), by striking ‘‘Sanitary 

5 Engineering’’ and inserting ‘‘Preventive Medicine 

6 Sciences’’; and 

7 (3) in subparagraph (D), by striking ‘‘Optom8 etry’’ and inserting ‘‘Clinical Health Sciences’’. 

9 SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS 

10 APPLICABLE TO MILITARY HEALTH-CARE 

11 PROFESSIONALS WHO ARE MEMBERS OF THE 

12 NATIONAL GUARD PERFORMING DUTY WHILE 

13 IN TITLE 32 STATUS. 

14 Section 1094(d) of title 10, United States Code, is 

15 amended— 

16 (1) in paragraph (1), by inserting ‘‘or (3)’’ after 

17 ‘‘paragraph (2)’’; 

18 (2) in paragraph (2), by inserting ‘‘as being de19 scribed in this paragraph’’ after ‘‘paragraph (1)’’; 

20 and 

21 (3) by adding at the end the following new para22 graph: 

23 ‘‘(3) A health-care professional referred to in para24 graph (1) as being described in this paragraph is a member 

25 of the National Guard who— 


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1 ‘‘(A) has a current license to practice medicine, 

2 osteopathic medicine, dentistry, or another health pro3 fession; and 

4 ‘‘(B) is performing training or duty under title 

5 32 in response to an actual or potential disaster.’’. 

6 SEC. 714. ANNUAL REPORT ON JOINT HEALTH CARE FACILI7 TIES OF THE DEPARTMENT OF DEFENSE AND 

8 THE DEPARTMENT OF VETERANS AFFAIRS. 

9 (a) ANNUAL REPORTS.—Section 1073b of title 10, 

10 United States Code, is amended by adding at the end the 

11 following new subsection: 

12 ‘‘(c) ANNUAL REPORT ON JOINT HEALTH CARE FA13 CILITIES OF THE DEPARTMENT OF DEFENSE AND THE DE14 PARTMENT OF VETERANS AFFAIRS.—(1) At the same time 

15 that the budget of the President is submitted under section 

16 1105(a) of title 31 for each fiscal year, the Secretary of De17 fense and the Secretary of Veterans Affairs shall jointly sub18 mit to the appropriate congressional committees a report 

19 on joint facilities. 

20 ‘‘(2) Each report under paragraph (1) shall include 

21 the following: 

22 ‘‘(A) A list of each military medical treatment 

23 facility of the Department of Defense that the Sec24 retary of Defense is considering as a potential joint 

25 facility. 


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1 ‘‘(B) A list of each medical facility of the De2 partment of Veterans Affairs that the Secretary of 

3 Veterans Affairs is considering as a potential joint fa4 cility. 

5 ‘‘(C) A list of each military medical treatment 

6 facility of the Department of Defense and medical fa7 cility of the Department of Veterans Affairs that has 

8 been established as a joint facility. 

9 ‘‘(3)(A) Except as provided in subparagraph (B), no 

10 funds authorized to be appropriated or otherwise made 

11 available for fiscal year 2012 or any fiscal year thereafter 

12 for military medical treatment facilities of the Department 

13 of Defense may be obligated or expended to establish a joint 

14 facility unless both the military medical treatment facility 

15 of the Department of Defense and the medical facility of 

16 the Department of Veterans Affairs were included in a re17 port under paragraph (1). 

18 ‘‘(B) The Secretary of Defense may waive the limita19 tion in subparagraph (A) with respect to establishing a 

20 joint facility not included in a report under paragraph (1) 

21 if— 

22 ‘‘(i) the Secretary and the Secretary of Veterans 

23 Affairs jointly submit to the appropriate congres24 sional committees— 


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1 ‘‘(I) written certification that the Secre2 taries began considering such joint facility after 

3 the most recent report under subsection (a) was 

4 submitted to the appropriate congressional com5 mittees; and 

6 ‘‘(II) a report on such joint facility, includ7 ing the location and the estimated cost; and 

8 ‘‘(ii) a period of 30 days has elapsed after the 

9 date on which the certification and report under 

10 clause (i) are submitted to the appropriate congres11 sional committees. 

12 ‘‘(4) In this subsection: 

13 ‘‘(A) The term ‘appropriate congressional com14 mittees’ means— 

15 ‘‘(i) the congressional defense committees; 

16 ‘‘(ii) the Committee on Veterans’ Affairs of 

17 the House of Representatives; and 

18 ‘‘(iii) the Committee on Veterans’ Affairs of 

19 the Senate. 

20 ‘‘(B) The term ‘joint facility’ means a military 

21 medical treatment facility of the Department of De22 fense and a medical facility of the Department of Vet23 erans Affairs that are combined, operated jointly, or 

24 otherwise operated in such a manner that a facility 


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1 of one department is operating in or with a facility 

2 of the other department. 

3 ‘‘(C) The term ‘medical facility’, with respect to 

4 a facility of the Department of Veterans Affairs, has 

5 the meaning given that term in section 8101(3) of 

6 title 38.’’. 

7 (b) TITLE 38.— 

8 (1) IN GENERAL.—Subchapter IV of chapter 81 

9 of title 38, United States Code, is amended by adding 

10 at the end the following new section: 

11 ‘‘§ 8159. Limitation on establishment of joint facilities 

12 of the Department of Veterans Affairs and 

13 the Department of Defense 

14 ‘‘(a) LIMITATION.—Except as provided in subsection 

15 (b), no funds authorized to be appropriated or otherwise 

16 made available for fiscal year 2012 or any fiscal year there17 after for medical facilities of the Department of Veterans 

18 Affairs may be obligated or expended to establish a joint 

19 facility unless both the medical facility of the Department 

20 of Veterans Affairs and the military medical treatment fa21 cility of the Department of Defense were included in a re22 port submitted by the Secretary of Veterans Affairs and the 

23 Secretary of Defense to the appropriate congressional com24 mittees under section 1073b(c) of title 10. 


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1 ‘‘(b) WAIVER.—The Secretary of Veterans Affairs may 

2 waive the limitation in subsection (a) with respect to estab3 lishing a joint facility not included in a report under sec4 tion 1073b(c) of title 10 if— 

5 ‘‘(1) the Secretary and the Secretary of Defense 

6 jointly submit to the appropriate congressional com7 mittees— 

8 ‘‘(A) written certification that the Secre9 taries began considering such joint facility after 

10 the most recent report under section 1073b(c) of 

11 title 10 was submitted to the appropriate con12 gressional committees; and 

13 ‘‘(B) a report on such joint facility, includ14 ing the location and the estimated cost; and 

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

16 date on which the certification and report under 

17 paragraph (1) are submitted to the appropriate con18 gressional committees. 

19 ‘‘(c) DEFINITIONS.—In this section: 

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

22 ‘‘(A) the congressional defense committees 

23 (as defined in section 101(a)(16) of title 10); 

24 ‘‘(B) the Committee on Veterans’ Affairs of 

25 the House of Representatives; and 


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1 ‘‘(C) the Committee on Veterans’ Affairs of 

2 the Senate. 

3 ‘‘(2) The term ‘joint facility’ means a military 

4 medical treatment facility of the Department of De5 fense and a medical facility of the Department of Vet6 erans Affairs that are combined, operated jointly, or 

7 otherwise operated in such a manner that a facility 

8 of one department is operating in or with a facility 

9 of the other department. 

10 ‘‘(3) The term ‘medical facility’ has the meaning 

11 given that term in section 8101(3) of this title.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended by 

14 inserting after the item relating to section 8158 the 

15 following new item: 

‘‘8159. Limitation on establishment of joint facilities of the Department of Veterans Affairs and the Department of Defense.’’. 

16 SEC. 715. IMPROVEMENTS TO OVERSIGHT OF MEDICAL 

17 TRAINING FOR MEDICAL CORPS OFFICERS. 

18 (a) REVIEW OF TRAINING PROGRAMS FOR MEDICAL

19 OFFICERS.—The Secretary of Defense shall conduct a re20 view of training programs for medical officers (as defined 

21 in section 101(b)(14) of title 10, United States Code) to en22 sure that the academic and military performance of such 

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1 sonnel records. The programs reviewed shall include, at a 

2 minimum, the following: 

3 (1) Programs at the Uniformed Services Univer4 sity of the Health Sciences that award a medical doc5 tor degree. 

6 (2) Selected residency programs at military med7 ical treatment facilities, as determined by the Sec8 retary, to include at least one program in each of the 

9 specialties of— 

10 (A) anesthesiology; 

11 (B) emergency medicine; 

12 (C) family medicine; 

13 (D) general surgery; 

14 (E) obstetrics/gynecology; 

15 (F) pathology; 

16 (G) pediatrics; and 

17 (H) psychiatry. 

18 (b) REPORT.—Not later than one year after the date 

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

20 submit to the congressional defense committees a report on 

21 the findings of the review under subsection (a). 


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1 SEC. 716. STUDY ON REIMBURSEMENT FOR COSTS OF 

2 HEALTH CARE PROVIDED TO INELIGIBLE IN3 DIVIDUALS. 

4 (a) STUDY.—The Secretary of Defense shall conduct a 

5 study on the costs incurred by the United States on behalf 

6 of individuals— 

7 (1) who are not covered beneficiaries; and 

8 (2) who receive health care services from a health 

9 care provider under the TRICARE program. 

10 (b) REPORT.—Not later than 180 days after the date 

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

12 the congressional defense committees a report on the study 

13 under subsection (a), including recommendations for legis14 lative action that the Secretary considers appropriate to— 

15 (1) prevent individuals who are not covered 

16 beneficiaries from receiving health care services from 

17 a health care provider under the TRICARE program; 

18 and 

19 (2) recoup the costs of such health care from such 

20 individuals. 

21 (c) DEFINITIONS.—In this section: 

22 (1) The term ‘‘covered beneficiary’’ has the 

23 meaning given that term in section 1072(5) of title 

24 10, United States Code. 


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1 (2) The term ‘‘TRICARE program’’ has the 

2 meaning given that term in section 1072(7) of such 

3 title. 

4 SEC. 717. LIMITATION ON TRANSFER OF FUNDS TO DEPART5 MENT OF DEFENSE-DEPARTMENT OF VET6 ERANS AFFAIRS MEDICAL FACILITY DEM7 ONSTRATION PROJECT. 

8 The Secretary of Defense may not transfer any funds 

9 authorized to be appropriated by this Act for fiscal year 

10 2011 to the Joint Department of Defense–Department of 

11 Veterans Affairs Medical Facility Demonstration Fund es12 tablished in section 1704 of the National Defense Authoriza13 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

14 Stat. 2571) unless, before any such transfer— 

15 (1) the Secretary submits to the congressional de16 fense committees, the Committee on Veterans’ Affairs 

17 of the House of Representatives, and the Committee 

18 on Veterans’ Affairs of the Senate a report pro19 viding— 

20 (A) notice of the proposed transfer; and 

21 (B) the exact amount and source of funds to 

22 be transferred; and 

23 (2) a period of 30 days has elapsed (excluding 

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1 sion) after the report is submitted under paragraph 

2 (1). 

3 SEC. 718. ENTERPRISE RISK ASSESSMENT OF HEALTH IN4 FORMATION TECHNOLOGY PROGRAMS. 

5 (a) STUDY.—The Secretary of Defense shall conduct an 

6 enterprise risk assessment methodology study of all health 

7 information technology programs of the Department of De8 fense. 

9 (b) REPORT.—Not later than 180 days after the date 

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

11 the congressional defense committees a report containing the 

12 results of the study required under subsection (a). 

13 Subtitle C—Other Matters 

14 SEC. 721. IMPROVING AURAL PROTECTION FOR MEMBERS 

15 OF THE ARMED FORCES. 

16 (a) IN GENERAL.—In accordance with section 721 of 

17 the Duncan Hunter National Defense Authorization Act for 

18 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4506), 

19 the Secretary of Defense shall examine methods to improve 

20 the aural protection for members of the Armed Forces in 

21 combat. 

22 (b) REPORT.—Not later than one year after the date 

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

24 Congress a report on the methods to improve aural protec25 tion examined under subsection (a). 


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1 SEC. 722. COMPREHENSIVE POLICY ON NEUROCOGNITIVE 

2 ASSESSMENT BY THE MILITARY HEALTH 

3 CARE SYSTEM. 

4 (a) COMPREHENSIVE POLICY REQUIRED.—Not later 

5 than September 30, 2011, the Secretary of Defense shall de6 velop and implement a comprehensive policy on pre- and 

7 post-deployment neurocognitive assessment. 

8 (b) SCOPE OF POLICY.—The policy required by sub9 section (a) shall cover each of the following: 

10 (1) Require the administration of the same pre11 deployment and post-deployment neurocognitive as12 sessments to all members of the military who are pre13 paring to deploy or have returned from deployment. 

14 (2) Require the standardization of testing proce15 dures for neurocognitive assessments. 

16 (3) Provide for follow-up neurocognitive assess17 ments as needed to create a longitudinal 

18 neurocognitive assessment record for the on-going care 

19 of members of the Armed Forces. 

20 (4) Ensure the neurocognitive assessment results 

21 and reports be made available to members of the 

22 Armed Forces and veterans for their personal use in 

23 health management. 

24 (c) UPDATES.—The Secretary shall revise the policy 

25 required by subsection (a) on a periodic basis in accordance 

26 with experience and evolving best practice guidelines. 


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1 (d) ANNUAL REPORT.— 

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

3 the date of the enactment of this Act, and on Sep4 tember 30 of each year thereafter, the Secretary of De5 fense shall submit to the congressional defense com6 mittees a report on the policy required by subsection 

7 (a). 

8 (2) ELEMENTS.—Each report required by para9 graph (1) shall include the following: 

10 (A) A description of the policy implemented 

11 under subsection (b), and any revisions to such 

12 policy under subsection (d). 

13 (B) A description of the performance meas14 ures used to determine the effectiveness of the pol15 icy in improving the use of neurocognitive as16 sessments throughout the Department of Defense. 

17 SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER. 

18 (a) DESIGNATION.—Not later than October 1, 2011, the 

19 Secretary of Defense may designate a center to be known 

20 as the ‘‘National Casualty Care Research Center’’ (in this 

21 section referred to as the ‘‘Center’’), which shall consist of 

22 the program known as the combat casualty care research 

23 program of the Army Medical Research and Materiel Com24 mand. 


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1 (b) DIRECTOR.—The Secretary, in consultation with 

2 the commanding general of the Army Medical Research and 

3 Materiel Command, shall appoint a director of the Center. 

4 (c) ACTIVITIES OF THE CENTER.—In addition to other 

5 functions performed by the combat casualty care research 

6 program, the Center shall— 

7 (1) provide a public-private partnership for 

8 funding clinical and experimental studies in combat 

9 injury; 

10 (2) integrate laboratory and clinical research to 

11 hasten improvements in care to members of the 

12 Armed Forces who are injured; 

13 (3) ensure that data from both military and ci14 vilian entities, including the Joint Theater Trauma 

15 Registry and the National Trauma Data Bank, are 

16 optimally used to establish research agendas and 

17 measure improvements in outcomes; 

18 (4) fund the full range of injury research and 

19 evaluation, including— 

20 (A) laboratory, translational, and clinical 

21 research; 

22 (B) point of wounding and pre-hospital 

23 care; 

24 (C) early resuscitative management; 

25 (D) initial and definitive surgical care; and 


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1 (E) rehabilitation and reintegration into 

2 society; and 

3 (5) coordinate the collaboration of civilian and 

4 military institutions conducting trauma research. 

5 SEC. 724. REPORT ON FEASIBILITY OF STUDY ON BREAST 

6 CANCER AMONG FEMALE MEMBERS OF THE 

7 ARMED FORCES. 

8 (a) REPORT.—Not later than March 1, 2011, the Sec9 retary of Defense shall submit to the congressional defense 

10 committees a report on the feasibility of conducting a case11 control study described in subsection (b). 

12 (b) CASE-CONTROL STUDY.—A case-control study de13 scribed in this subsection is a case-control study on the inci14 dence of breast cancer among covered members in order to 

15 determine whether covered members were at an elevated risk 

16 of having breast cancer, including the following: 

17 (1) A determination of the number of covered 

18 members who have been diagnosed with breast cancer. 

19 (2) A sample of covered members who have not 

20 been diagnosed with breast cancer who could serve as 

21 an appropriate comparison group. 

22 (3) A determination of demographic information 

23 and potential breast cancer risk factors regarding cov24 ered members who are included in the study, includ25 ing— 


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1 (A) race; 

2 (B) ethnicity; 

3 (C) age; 

4 (D) possible exposure to hazardous elements 

5 or chemical or biological agents (including any 

6 vaccines) and where such exposure occurred; 

7 (E) known breast cancer risk factors, in8 cluding familial, reproductive, and anthropo9 metric parameters; 

10 (F) the locations of duty stations that such 

11 member was assigned; 

12 (G) the locations in which such member was 

13 deployed; and 

14 (H) the geographic area of residence prior 

15 to deployment. 

16 (4) An analysis of the clinical characteristics of 

17 breast cancer diagnosed in covered members (includ18 ing the stage, grade, and other details of the cancer). 

19 (5) Other information the Secretary considers 

20 appropriate. 

21 (c) COVERED MEMBERS DEFINED.—In this section, 

22 the term ‘‘covered members’’ means female members of the 

23 Armed Forces (including members of the National Guard 

24 and reserve components) who served in Operation Enduring 

25 Freedom or Operation Iraqi Freedom. 


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1 SEC. 725. ASSESSMENT OF POST-TRAUMATIC STRESS DIS2 ORDER BY MILITARY OCCUPATION. 

3 (a) ASSESSMENT.—The Secretary of Defense shall con4 duct an assessment of post-traumatic stress disorder inci5 dence by military occupation, including identification of 

6 military occupations with a high incidence of such disorder. 

7 (b) REPORT.—Not later than one year after the date 

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

9 the congressional defense committees a report on the assess10 ment under subsection (a). 

11 SEC. 726. VISITING NIH SENIOR NEUROSCIENCE FELLOW12 SHIP PROGRAM. 

13 (a) AUTHORITY TO ESTABLISH.—The Secretary of De14 fense may establish a program to be known as the Visiting 

15 NIH Senior Neuroscience Fellowship Program at— 

16 (1) the Defense Advanced Research Projects 

17 Agency; and 

18 (2) the Defense Center of Excellence for Psycho19 logical Health and Traumatic Brain Injury. 

20 (b) ACTIVITIES OF THE PROGRAM.—In establishing the 

21 Visiting NIH Senior Neuroscience Fellowship Program 

22 under subsection (a), the Secretary shall require the pro23 gram to— 

24 (1) provide a partnership between the National 

25 Institutes of Health and the Defense Advanced Re26 search Projects Agency to enable identification and 


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1 funding of the broadest range of innovative, highest 

2 quality clinical and experimental neuroscience studies 

3 for the benefit of members of the Armed Forces; 

4 (2) provide a partnership between the National 

5 Institutes of Health and the Defense Center of Excel6 lence for Psychological Health and Traumatic Brain 

7 Injury that will enable identification and funding of 

8 clinical and experimental neuroscience studies for the 

9 benefit of members of the Armed Forces; 

10 (3) use the results of the studies described in 

11 paragraph (1) and (2) to enhance the mission of the 

12 National Institutes of Health for the benefit of the 

13 public; and 

14 (4) provide a military and civilian collaborative 

15 environment for neuroscience-based medical problem16 solving in critical areas affecting both military and 

17 civilian life, particularly post-traumatic stress dis18 order. 

19 (c) PERIOD OF FELLOWSHIP.—The period of any fel20 lowship under the Program shall not last more than 2 years 

21 and shall not continue unless agreed upon by the parties 

22 concerned. 


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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Acquisition Policy and 

6 Management 

7 SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRAC8 TORS. 

9 (a) IN GENERAL.—Section 2320 of title 10, United 

10 States Code, is amended— 

11 (1) in subsection (c)(2)— 

12 (A) by inserting ‘‘or covered litigation sup13 port contractor’’ after ‘‘covered Government sup14 port contractor’’; and 

15 (B) by inserting after ‘‘oversight of’’ the fol16 lowing: ‘‘, or preparation for litigation relating 

17 to,’’; and 

18 (2) by inserting after subsection (f) the following: 

19 ‘‘(g) In this section, the term ‘covered litigation sup20 port contractor’ means a contractor (including an expert 

21 or technical consultant) under contract with the Depart22 ment of Defense to provide litigation support, which con23 tractor executes a contract with the Government agreeing 

24 to and acknowledging— 


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1 ‘‘(1) that proprietary or nonpublic technical 

2 data furnished will be accessed and used only for the 

3 purposes stated in that contract; 

4 ‘‘(2) that the covered litigation support con5 tractor will take all reasonable steps to protect the 

6 proprietary and nonpublic nature of the technical 

7 data furnished to the covered litigation support con8 tractor; and 

9 ‘‘(3) that such technical data provided to the cov10 ered litigation support contractor under the authority 

11 of this section shall not be used by the covered litiga12 tion support contractor to compete against the third 

13 party for Government or non-Government contracts.’’. 

14 (b) EFFECTIVE DATE.—The amendments made by sub15 section (a) shall take effect on the date that is 120 days 

16 after the date of the enactment of this Act. 

17 SEC. 802. DESIGNATION OF F135 AND F136 ENGINE DEVEL18 OPMENT AND PROCUREMENT PROGRAMS AS 

19 MAJOR SUBPROGRAMS. 

20 (a) DESIGNATION AS MAJOR SUBPROGRAMS.—Not 

21 later than 30 days after the date of the enactment of this 

22 Act, the Secretary of Defense shall designate each of the en23 gine development and procurement programs described in 

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1 ning II aircraft major defense acquisition program, in ac2 cordance with section 2430a of title 10, United States Code. 

3 (b) DESCRIPTION.—For purposes of subsection (a), the 

4 engine development and procurement programs are the fol5 lowing: 

6 (1) The F135 engine development and procure7 ment program. 

8 (2) The F136 engine development and procure9 ment program. 

10 (c) ORIGINAL BASELINE.—For purposes of reporting 

11 requirements referred to in section 2430a(b) of title 10, 

12 United States Code, for the major subprograms designated 

13 under subsection (a), the Secretary shall use the Milestone 

14 B decision for each subprogram as the original baseline for 

15 the subprogram. 

16 (d) ACTIONS FOLLOWING CRITICAL COST GROWTH.— 

17 (1) IN GENERAL.—Subject to paragraph (2), to 

18 the extent that the Secretary elects to restructure the 

19 F–35 Lightning II aircraft major defense acquisition 

20 program subsequent to a reassessment and actions re21 quired by subsections (a) and (c) of section 2433a of 

22 title 10, United States Code, during fiscal year 2010, 

23 and also conducts such reassessment and actions with 

24 respect to the F135 and F136 engine development and 

25 procurement programs (including related reporting 


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1 based on the original baseline as defined in subsection 

2 (c)), the requirements of section 2433a of such title 

3 with respect to a major subprogram designated under 

4 subsection (a) shall be considered to be met with re5 spect to the major subprogram. 

6 (2) LIMITATION.—Actions taken in accordance 

7 with paragraph (1) shall be considered to meet the re8 quirements of section 2433a of title 10, United States 

9 Code, with respect to a major subprogram designated 

10 under subsection (a) only to the extent that designa11 tion as a major subprogram would require the Sec12 retary of Defense to conduct a reassessment and take 

13 actions pursuant to such section 2433a for such a 

14 subprogram upon enactment of this Act. The require15 ments of such section 2433a shall not be considered to 

16 be met with respect to such a subprogram in the event 

17 that additional programmatic changes, following the 

18 date of the enactment of this Act, cause the program 

19 acquisition unit cost or procurement unit cost of such 

20 a subprogram to increase by a percentage equal to or 

21 greater than the critical cost growth threshold (as de22 fined in section 2433(a)(5) of such title) for the sub23 program. 


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1 SEC. 803. CONFORMING AMENDMENTS RELATING TO IN2 CLUSION OF MAJOR SUBPROGRAMS TO 

3 MAJOR DEFENSE ACQUISITION PROGRAMS 

4 UNDER VARIOUS ACQUISITION-RELATED RE5 QUIREMENTS. 

6 (a) CONFORMING AMENDMENTS TO SECTION 2366a.— 

7 Section 2366a of such title is amended— 

8 (1) in subsections (a), (b)(1), and (b)(2)— 

9 (A) by inserting ‘‘or designated major sub10 program’’ after ‘‘major defense acquisition pro11 gram’’; and 

12 (B) by inserting ‘‘or subprogram’’ after 

13 ‘‘program’’ each place it appears (other than 

14 after ‘‘major defense acquisition program’’, after 

15 ‘‘space program’’ , before ‘‘requirements’’, and 

16 before ‘‘manager’’); and 

17 (2) in subsection (c)— 

18 (A) by redesignating paragraphs (2), (3), 

19 (4), and (5) as paragraphs (3), (4), (5), and (6), 

20 respectively; and 

21 (B) by inserting after paragraph (1) the fol22 lowing new paragraph (2): 

23 ‘‘(2) The term ‘designated major subprogram’ 

24 means a major subprogram of a major defense acqui25 sition program as designated under section 

26 2430a(a)(1) of this title.’’. 


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1 (b) CONFORMING AMENDMENTS TO SECTION 2366b.— 

2 Section 2366b of such title is amended— 

3 (1) in subsections (a), (b)(1), and (c)(1)— 

4 (A) by inserting ‘‘or designated major sub5 program’’ after ‘‘major defense acquisition pro6 gram’’; and 

7 (B) by inserting ‘‘or subprogram’’ after 

8 ‘‘program’’ each place it appears (other than 

9 after ‘‘major defense acquisition program’’, after 

10 ‘‘future-years defense program’’, and after ‘‘space 

11 program’’); and 

12 (2) in subsection (g)— 

13 (A) by redesignating paragraphs (2), (3), 

14 and (4) as paragraphs (3), (4), and (5), respec15 tively; and 

16 (B) by inserting after paragraph (1) the fol17 lowing new paragraph (2): 

18 ‘‘(2) The term ‘designated major subprogram’ 

19 means a major subprogram of a major defense acqui20 sition program as designated under section 

21 2430a(a)(1) of this title.’’. 

22 (c) CONFORMING AMENDMENTS TO SECTION 2399.— 

23 Subsection (a) of section 2399 of such title is amended to 

24 read as follows: 


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1 ‘‘(a) CONDITION FOR PROCEEDING BEYOND LOW-RATE

2 INITIAL PRODUCTION.—(1) The Secretary of Defense shall 

3 provide that a covered major defense acquisition program 

4 or a covered designated major subprogram may not proceed 

5 beyond low-rate initial production until initial operational 

6 test and evaluation of the program or subprogram is com7 pleted. 

8 ‘‘(2) In this subsection: 

9 ‘‘(A) The term ‘covered major defense acquisition 

10 program’ means a major defense acquisition program 

11 that involves the acquisition of a weapon system that 

12 is a major system within the meaning of that term 

13 in section 2302(5) of this title. 

14 ‘‘(B) The term ‘covered designated major subpro15 gram’ means a major subprogram designated under 

16 section 2430a(a)(1) of this title that is a major sub17 program of a covered major defense acquisition pro18 gram.’’. 

19 (d) CONFORMING AMENDMENTS TO SECTION 2434.— 

20 Section 2434(a) of such title is amended— 

21 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 

22 Defense’’; and 

23 (2) by adding at the end the following new para24 graph: 


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1 ‘‘(2) The provisions of this section shall apply to any 

2 major subprogram of a major defense acquisition program 

3 (as designated under section 2430a(a)(1) of this title) in 

4 the same manner as those provisions apply to a major de5 fense acquisition program, and any reference in this section 

6 to a program shall be treated as including such a subpro7 gram.’’. 

8 SEC. 804. ENHANCEMENT OF DEPARTMENT OF DEFENSE 

9 AUTHORITY TO RESPOND TO COMBAT AND 

10 SAFETY EMERGENCIES THROUGH RAPID AC11 QUISITION AND DEPLOYMENT OF URGENTLY 

12 NEEDED SUPPLIES. 

13 (a) REQUIREMENT TO ESTABLISH PROCEDURES.— 

14 Subsection (a) of section 806 of the Bob Stump National 

15 Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 

16 2302 note) is amended by striking ‘‘items that are—’’ and 

17 inserting ‘‘supplies that are—’’. 

18 (b) ISSUES TO BE ADDRESSED.—Subsection (b) of 

19 such section is amended— 

20 (1) in paragraph (1)(B), by striking ‘‘items’’ 

21 and inserting ‘‘supplies’’; and 

22 (2) in paragraph (2)— 

23 (A) in the matter preceding subparagraph 

24 (A), by striking ‘‘items’’ and inserting ‘‘sup25 plies’’; 


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1 (B) in subparagraph (A), by striking ‘‘an 

2 item’’ and inserting ‘‘the supplies’’; 

3 (C) in subparagraph (B), by striking ‘‘an 

4 item’’ and inserting ‘‘the supplies’’; and 

5 (D) in subparagraph (C), by inserting ‘‘and 

6 utilization’’ after ‘‘deployment’’. 

7 (c) RESPONSE TO COMBAT EMERGENCIES.—Sub8 section (c) of such section is amended— 

9 (1) by striking ‘‘equipment’’ each place it ap10 pears and inserting ‘‘supplies’’; 

11 (2) by striking ‘‘combat capability’’ each place it 

12 appears; 

13 (3) by inserting ‘‘, or could result,’’ after ‘‘that 

14 has resulted’’ each place it appears; 

15 (4) by striking ‘‘fatalities’’ each place it appears 

16 and inserting ‘‘casualties’’; 

17 (5) in paragraphs (1) and (2)(A), by striking 

18 ‘‘is’’ each place it appears and inserting ‘‘are’’; 

19 (6) in paragraph (3)— 

20 (A) by striking ‘‘The authority of this sec21 tion may not be used to acquire equipment in an 

22 amount aggregating more than $100,000,000 

23 during any fiscal year.’’; and 


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1 (B) by inserting ‘‘in an amount aggre2 gating no more than $200,000,000’’ after ‘‘for 

3 that fiscal year’’; 

4 (7) in paragraph (4), by striking ‘‘Each such no5 tice’’ and inserting ‘‘For each such determination, the 

6 notice under the preceding sentence’’; and 

7 (8) in paragraph (5), by striking ‘‘that equip8 ment’’ and inserting ‘‘those supplies’’. 

9 (d) WAIVER OF CERTAIN STATUES AND REGULA10 TIONS.—Subsection (d)(1) of such section is amended by 

11 striking ‘‘equipment’’ in subparagraphs (A), (B), and (C) 

12 and inserting ‘‘supplies’’. 

13 (e) TESTING REQUIREMENT.—Subsection (e) of such 

14 section is amended— 

15 (1) in paragraph (1)— 

16 (A) by striking ‘‘an item’’ in the matter 

17 preceding subparagraph (A) and inserting ‘‘the 

18 supplies’’; and 

19 (B) in subparagraph (B), by striking ‘‘of 

20 the item’’ and all that follows through ‘‘require21 ments document’’ and inserting ‘‘of the supplies 

22 in meeting the original requirements for the sup23 plies (as stated in a statement of the urgent 

24 operational need’’; 

25 (2) in paragraph (2)— 


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1 (A) by striking ‘‘an item’’ and inserting 

2 ‘‘supplies’’; and 

3 (B) by striking ‘‘the item’’ and inserting 

4 ‘‘the supplies’’; and 

5 (3) in paragraph (3)— 

6 (A) by striking ‘‘If items’’ and inserting ‘‘If 

7 the supplies’’; and 

8 (B) by striking ‘‘items’’ each place it ap9 pears and inserting ‘‘supplies’’. 

10 (f) LIMITATION.—Subsection (f) of such section is 

11 amended to read as follows: 

12 ‘‘(f) LIMITATION.—In the case of supplies that are part 

13 of a major system for which a low-rate initial production 

14 quantity determination has been made pursuant to section 

15 2400 of title 10, United States Code, the quantity of such 

16 supplies acquired using the procedures prescribed pursuant 

17 to this section may not exceed an amount consistent with 

18 complying with limitations on the quantity of articles ap19 proved for low-rate initial production for such system. Any 

20 such supplies shall be included in any relevant calculation 

21 of quantities for low-rate initial production for the system 

22 concerned.’’. 


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1 SEC. 805. PROHIBITION ON CONTRACTS WITH ENTITIES EN2 GAGING IN COMMERCIAL ACTIVITY IN THE 

3 ENERGY SECTOR OF IRAN. 

4 (a) PROHIBITION ON CONTRACTS.— 

5 (1) PROHIBITION.—The Secretary of Defense 

6 may not enter into any contract with— 

7 (A) an entity that engages in commercial 

8 activity in the energy sector of Iran; or 

9 (B) a successor entity to the entity described 

10 in subparagraph (A). 

11 (2) DEFINITION.—For purposes of this sub12 section, an entity engages in commercial activity in 

13 the energy sector of Iran if the entity, with actual 

14 knowledge, engages in an activity for which sanctions 

15 have been imposed under section 5(a) of the Iran 

16 Sanctions Act of 1996 (50 U.S.C. 1701 note). 

17 (b) DURATION OF PROHIBITION.—The prohibition 

18 under subsection (a) shall apply with respect to an entity 

19 (or successor entity)— 

20 (1) for a period of not less than 2 years begin21 ning on the date on which the prohibition is imposed; 

22 or 

23 (2) until such time as the Secretary of Defense 

24 determines and certifies to the congressional defense 

25 committees that— 


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1 (A) the entity whose activities were the 

2 basis for imposing the prohibition is no longer 

3 engaging in such activities; and 

4 (B) the Secretary has received reliable as5 surances that such entity (or successor entity) 

6 will not knowingly engage in such activities in 

7 the future, except that such prohibition shall re8 main in effect for a period of at least 1 year. 

9 (c) WAIVER.— 

10 (1) AUTHORITY.—The Secretary of Defense may 

11 waive the prohibition under subsection (a) with re12 spect to a contract if the Secretary determines that 

13 the contract is in the interest of national security. 

14 (2) NOTIFICATION.—Upon issuing a waiver 

15 under paragraph (1) with respect to a contract, the 

16 Secretary of Defense shall submit to the Committees 

17 on Armed Services of the Senate and House of Rep18 resentatives, the Committee on Foreign Relations of 

19 the Senate, and the Committee on Foreign Affairs of 

20 the House of Representatives a notification that iden21 tifies the entity involved, the nature of the contract, 

22 and the rationale for issuing the waiver. 


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1 Subtitle B—Amendments to General 

2 Contracting Authorities, Proce3 dures, and Limitations 

4 SEC. 811. EXTENSION OF AUTHORITY TO PROCURE CER5 TAIN FIBERS; LIMITATION ON SPECIFICA6 TION. 

7 (a) EXTENSION.—Section 829 of the National Defense 

8 Authorization Act for Fiscal Year 2008 (Public Law 110– 

9 181; 122 Stat. 229; 10 U.S.C. 2533a note) is amended in 

10 subsection (f) by striking ‘‘on the date that is five years 

11 after the date of the enactment of this Act’’ and inserting 

12 ‘‘on January 1, 2021’’. 

13 (b) PROHIBITION ON SPECIFICATION IN SOLICITA14 TIONS.—No solicitation issued before January 1, 2021, by 

15 the Department of Defense may include a requirement that 

16 proposals submitted pursuant to such solicitation must in17 clude the use of fire resistant rayon fiber. 

18 SEC. 812. SMALL ARMS PRODUCTION INDUSTRIAL BASE 

19 MATTERS. 

20 Section 2473 of title 10, United States Code, is amend21 ed— 

22 (1) in subsection (b), by striking ‘‘subsection (d)’’ 

23 and inserting ‘‘subsection (c)’’; 

24 (2) by striking subsection (c); 


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1 (3) by redesignating subsections (d) and (e) as 

2 subsections (c) and (d), respectively; and 

3 (4) by adding at the end the following new sub4 section (e): 

5 ‘‘(e) COMPETITIVE PROCEDURES.—If the Secretary de6 termines under subsection (a) that the requirement to pro7 cure property or services described in subsection (b) for the 

8 Department of Defense from a firm in the small arms pro9 duction industrial base is not necessary to preserve such 

10 industrial base, any such procurement shall be awarded 

11 through the use of competitive procedures that afford such 

12 industrial base a fair opportunity to be considered for such 

13 procurement.’’. 

14 SEC. 813. ADDITIONAL DEFINITION RELATING TO PRODUC15 TION OF SPECIALTY METALS WITHIN THE 

16 UNITED STATES. 

17 Section 2533b(m) of title 10, United States Code, is 

18 amended by adding at the end the following new paragraph: 

19 ‘‘(11) The term ‘produced’, as used in subsections 

20 (a) and (b), means melted, or processed in a manner 

21 that results in physical or chemical property changes 

22 that are the equivalent of melting. The term does not 

23 include finishing processes such as rolling, heat treat24 ment, quenching, tempering, grinding, or shaving.’’. 


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1 Subtitle C—Studies and Reports 

2 SEC. 821. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR 

3 ACQUISITION AND FUNDING OF TECH4 NOLOGIES SUPPORTING NETWORK-CENTRIC 

5 OPERATIONS. 

6 (a) STUDIES REQUIRED.— 

7 (1) INDEPENDENT STUDY.—Not later than 90 

8 days after the date of the enactment of this Act, the 

9 Secretary of Defense shall enter into a contract with 

10 an independent federally funded research and develop11 ment center to carry out a comprehensive study of 

12 policies, procedures, organization, and regulatory con13 straints affecting the acquisition of technologies sup14 porting network-centric operations. The contract shall 

15 be funded from amounts appropriated pursuant to an 

16 authorization of appropriations in this Act or other17 wise made available for fiscal year 2011 for operation 

18 and maintenance for Defense-wide activities. 

19 (2) JOINT CHIEFS OF STAFF STUDY.—The Chair20 man of the Joint Chiefs of Staff shall carry out a 

21 comprehensive study of the same subjects covered by 

22 paragraph (1). The study shall be independent of the 

23 study required by paragraph (1) and shall be carried 

24 out in conjunction with the military departments and 

25 in coordination with the Secretary of Defense. 


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1 (b) MATTERS TO BE ADDRESSED.—Each study re2 quired by subsection (a) shall address the following matters: 

3 (1) Development of a system for understanding 

4 the various foundational components that contribute 

5 to network-centric operations, such as data transport, 

6 processing, storage, data collection, and dissemination 

7 of information. 

8 (2) Determining how acquisition and funding 

9 programs that are in place as of the date of the enact10 ment of this Act relate to the system developed under 

11 paragraph (1). 

12 (3) Development of acquisition and funding 

13 models using the system developed under paragraph 

14 (1), including— 

15 (A) a model under which a joint entity 

16 independent of any military department (such 

17 as the Joint Staff) is established with responsi18 bility and control of all funding for the acquisi19 tion of technologies for network-centric oper20 ations, and with authority to oversee the incor21 poration of such technologies into the acquisition 

22 programs of the military departments; 

23 (B) a model under which an executive agent 

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1 ations, but would not have exclusive control of 

2 the funding for such programs; 

3 (C) a model under which the acquisition 

4 and funding programs that are in place as of the 

5 date of the enactment of this Act are maintained; 

6 and 

7 (D) any other model that the entity car8 rying out the study considers relevant. 

9 (4) An analysis of each of the models developed 

10 under paragraph (3) with respect to potential benefits 

11 in— 

12 (A) collecting, processing, and dissemi13 nating information; 

14 (B) network commonality; 

15 (C) common communications; 

16 (D) interoperability; 

17 (E) mission impact and success; and 

18 (F) cost-effectiveness. 

19 (5) An evaluation of each of the models developed 

20 under paragraph (3) with respect to feasibility, in21 cluding identification of legal, policy, or regulatory 

22 barriers that may impede the implementation of such 

23 model. 

24 (c) REPORT REQUIRED.—Not later than September 

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1 gressional defense committees a report on the results of the 

2 studies required by subsection (a). The report shall include 

3 the findings and recommendations of the studies and any 

4 observations and comments that the Secretary considers ap5 propriate. 

6 (d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 

7 this section, the term ‘‘network-centric operations’’ refers to 

8 the ability to exploit all human and technical elements of 

9 the Joint Force and mission partners through the full inte10 gration of collected information, awareness, knowledge, ex11 perience, and decisionmaking, enabled by secure access and 

12 distribution, all to achieve agility and effectiveness in a dis13 persed, decentralized, dynamic, or uncertain operational 

14 environment. 

15 SEC. 822. ANNUAL JOINT REPORT AND COMPTROLLER GEN16 ERAL REVIEW ON CONTRACTING IN IRAQ AND 

17 AFGHANISTAN. 

18 The National Defense Authorization Act for Fiscal 

19 Year 2008 (Public Law 110–181; 122 Stat. 258; 10 U.S.C. 

20 2302 note) is amended by adding at the end of subtitle F 

21 of title VIII the following new section (and conforming the 

22 table of sections for such subtitle at the beginning of title 

23 VIII and at the beginning of such Act accordingly): 


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1 ‘‘SEC. 865. ANNUAL JOINT REPORT AND COMPTROLLER 

2 GENERAL REVIEW ON CONTRACTING IN IRAQ 

3 AND AFGHANISTAN. 

4 ‘‘(a) JOINT REPORT REQUIRED.— 

5 ‘‘(1) IN GENERAL.—Every 12 months, the Sec6 retary of Defense, the Secretary of State, and the Ad7 ministrator of the United States Agency for Inter8 national Development shall submit to the relevant 

9 committees of Congress a joint report on contracts in 

10 Iraq or Afghanistan. 

11 ‘‘(2) MATTERS COVERED.—A report under this 

12 subsection shall, at a minimum, cover— 

13 ‘‘(A) any significant developments or issues 

14 with respect to contracts in Iraq and Afghani15 stan during the reporting period; and 

16 ‘‘(B) the plans of the departments and agen17 cy for strengthening interagency coordination of 

18 contracts in Iraq and Afghanistan or in future 

19 contingency operations, including plans related 

20 to the common databases identified under section 

21 861(b)(4). 

22 ‘‘(3) REPORTING PERIOD.—A report under this 

23 subsection shall cover a period of not less than 12 

24 months. 

25 ‘‘(4) SUBMISSION OF REPORTS.—The Secretaries 

26 and the Administrator shall submit an initial report 


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1 under this subsection not later than February 1, 

2 2011, and shall submit an updated report by Feb3 ruary 1 of every year thereafter until February 1, 

4 2013. If the total annual amount of obligations for 

5 contracts in Iraq and Afghanistan combined is less 

6 than $250 million for the reporting period, for the de7 partments and agency combined, the Secretaries and 

8 the Administrator may submit a letter documenting 

9 this in place of a report. 

10 ‘‘(b) COMPTROLLER GENERAL REVIEW AND RE11 PORT.— 

12 ‘‘(1) IN GENERAL.—Within 180 days after sub13 mission of each annual joint report required under 

14 subsection (a), but in no case later than August 5 of 

15 each year until 2013, the Comptroller General shall 

16 review the joint report and interagency coordination 

17 of contracting in Iraq and Afghanistan and submit to 

18 the relevant committees of Congress a report on such 

19 review. 

20 ‘‘(2) MATTERS COVERED.—A report under this 

21 subsection shall, at minimum— 

22 ‘‘(A) review how the Department of Defense, 

23 the Department of State, and the United States 

24 Agency for International Development are using 

25 the data contained in the common databases 


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1 identified under section 861(b)(4) in managing, 

2 overseeing, and coordinating contracting in Iraq 

3 and Afghanistan; and 

4 ‘‘(B) assess the plans of the departments 

5 and agency for strengthening interagency coordi6 nation of contracts in Iraq and Afghanistan or 

7 in future contingency operations, particularly 

8 any plans related to the common databases iden9 tified under section 861(b)(4). 

10 ‘‘(3) ACCESS TO DATABASES AND OTHER INFOR11 MATION.—The Secretary of Defense, the Secretary of 

12 State, and the Administrator of the United States 

13 Agency for International Development shall provide 

14 to the Comptroller General full access to information 

15 on contracts in Iraq and Afghanistan for the purposes 

16 of the review carried out under this subsection, in17 cluding the common databases identified under sec18 tion 861(b)(4).’’. 

19 SEC. 823. EXTENSION OF COMPTROLLER GENERAL REVIEW 

20 AND REPORT ON CONTRACTING IN IRAQ AND 

21 AFGHANISTAN. 

22 Section 863 of the National Defense Authorization Act 

23 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 258; 

24 10 U.S.C. 2302 note) is amended by striking ‘‘2010’’ in sub25 section (a)(3) and inserting ‘‘2011’’. 


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1 SEC. 824. INTERIM REPORT ON REVIEW OF IMPACT OF COV2 ERED SUBSIDIES ON ACQUISITION OF KC–45 

3 AIRCRAFT. 

4 (a) INTERIM REPORT.—The Secretary of Defense shall 

5 submit to the congressional defense committees an interim 

6 report on any review of a covered subsidy initiated pursu7 ant to subsection (a) of section 886 of the Duncan Hunter 

8 National Defense Authorization Act for Fiscal Year 2009 

9 (Public Law 110–417; 122 Stat. 4561) not later than 60 

10 days after the date of the initiation of the review. 

11 (b) REPORT CONTENTS.—The report required by sub12 section (a) shall contain detailed findings relating to the 

13 impact of the covered subsidy that led to the initiation of 

14 the review on the source selection process for the KC–45 Aer15 ial Refueling Aircraft Program or any successor to such 

16 program and whether the covered subsidy would provide an 

17 unfair competitive advantage to any bidder in the source 

18 selection process. 

19 SEC. 825. REPORTS ON JOINT CAPABILITIES INTEGRATION 

20 AND DEVELOPMENT SYSTEM. 

21 (a) INDEPENDENT ANALYSES.— 

22 (1) IN GENERAL.—A comprehensive analysis of 

23 the Joint Capabilities Integration and Development 

24 System shall be independently performed by each of 

25 the following: 

26 (A) The Secretary of Defense. 


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1 (B) A federally funded research and devel2 opment center selected by the Secretary of De3 fense. 

4 (2) MATTERS COVERED.—Each such analysis 

5 shall— 

6 (A) evaluate the entire Joint Capabilities 

7 Integration and Development System and the 

8 problems associated with it, with particular em9 phasis on the problems relating to the length of 

10 time and the costs involved in identifying, as11 sessing, and validating joint military capability 

12 needs; and 

13 (B) identify the best solutions to the prob14 lems evaluated under subparagraph (A) and de15 velop recommendations to carry out those solu16 tions. 

17 (3) REPORTS.—Not later than six months after 

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

19 Defense shall submit to the Committees on Armed 

20 Services of the Senate and the House of Representa21 tives— 

22 (A) a report by the Secretary on the anal23 ysis performed by the Secretary under para24 graph (1), with particular emphasis on contin25 uous process improvement; and 


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1 (B) a report by the federally funded re2 search and development center selected under 

3 paragraph (1)(B) on the analysis performed by 

4 the center under paragraph (1), together with 

5 such comments as the Secretary considers nec6 essary on the report. 

7 (b) IMPLEMENTATION.— 

8 (1) IN GENERAL.—Not later than one year after 

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

10 Defense— 

11 (A) shall develop and begin implementing a 

12 plan to address the problems with the Joint Ca13 pabilities Integration and Development System, 

14 taking into account the recommendations devel15 oped in the analyses required under subsection 

16 (a) and as part of a program to manage per17 formance in establishing joint military require18 ments; and 

19 (B) shall submit to the Committees on 

20 Armed Services of the Senate and the House of 

21 Representatives a report on the plan, including, 

22 at a minimum, a timeline, objectives, milestones, 

23 and projected resource requirements. 

24 (2) REPORT FORMAT.—The report required 

25 under paragraph (1)(B) may be included as part of 


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1 any report relating to a program to manage perform2 ance in establishing joint military requirements. 

3 Subtitle D—Other Matters 

4 SEC. 831. EXTENSION OF AUTHORITY FOR DEFENSE ACQUI5 SITION CHALLENGE PROGRAM. 

6 Section 2359b(k) of title 10, United States Code, is 

7 amended by striking ‘‘2012’’ and inserting ‘‘2017’’. 

8 SEC. 832. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

9 (a) COMPETITION REQUIREMENTS FOR TASK OR DE10 LIVERY ORDERS UNDER ENERGY SAVINGS PERFORMANCE

11 CONTRACTS.—Section 801 of the National Energy Con12 servation Policy Act (42 U.S.C. 8287) is amended by add13 ing at the end the following: 

14 ‘‘(c) TASK OR DELIVERY ORDERS.—(1) The head of 

15 a Federal agency may issue a task or delivery order under 

16 an energy savings performance contract by— 

17 ‘‘(A) notifying all contractors that have received 

18 an award under such contract that the agency pro19 poses to discuss energy savings performance services 

20 for some or all of its facilities and, following a rea21 sonable period of time to provide a proposal in re22 sponse to the notice, soliciting from such contractors 

23 the submission of expressions of interest in, and con24 tractor qualifications for, performing site surveys or 

25 investigations and feasibility designs and studies, and 


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1 including in the notice summary information con2 cerning energy use for any facilities that the agency 

3 has specific interest in including in such task or de4 livery order; 

5 ‘‘(B) reviewing all expressions of interest and 

6 qualifications submitted pursuant to the notice under 

7 subparagraph (A); 

8 ‘‘(C) selecting two or more contractors (from 

9 among those reviewed under subparagraph (B)) to 

10 conduct discussions concerning the contractors’ respec11 tive qualifications to implement potential energy con12 servation measures, including— 

13 ‘‘(i) requesting references and specific de14 tailed examples with respect to similar efforts 

15 and the resulting energy savings of such similar 

16 efforts; and 

17 ‘‘(ii) requesting an explanation of how such 

18 similar efforts relate to the scope and content of 

19 the task or delivery order concerned; 

20 ‘‘(D) selecting and authorizing— 

21 ‘‘(i) more than one contractor (from among 

22 those selected under subparagraph (C)) to con23 duct site surveys, investigations, feasibility de24 signs and studies or similar assessments for the 

25 energy savings performance contract services (or 


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1 for discrete portions of such services), for the 

2 purpose of allowing each such contractor to sub3 mit a firm, fixed-price proposal to implement 

4 specific energy conservation measures; or 

5 ‘‘(ii) one contractor (from among those se6 lected under subparagraph (C)) to conduct a site 

7 survey, investigation, a feasibility design and 

8 study or similar assessment for the purpose of al9 lowing the contractor to submit a firm, fixed10 price proposal to implement specific energy con11 servation measures; 

12 ‘‘(E) providing a debriefing to any contractor 

13 not selected under subparagraph (D); 

14 ‘‘(F) negotiating a task or delivery order for en15 ergy savings performance contracting services with 

16 the contractor or contractors selected under subpara17 graph (D) based on the energy conservation measures 

18 identified; and 

19 ‘‘(G) issuing a task or delivery order for energy 

20 savings performance contracting services to such con21 tractor or contractors. 

22 ‘‘(2) The issuance of a task or delivery order for energy 

23 savings performance contracting services pursuant to para24 graph (1) is deemed to satisfy the task and delivery order 

25 competition requirements in section 2304c(d) of title 10, 


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1 United States Code, and section 303J(d) of the Federal 

2 Property and Administrative Services Act of 1949 (41 

3 U.S.C. 253j(d)). 

4 ‘‘(3) The Secretary may issue guidance as necessary 

5 to agencies issuing task or delivery orders pursuant to para6 graph (1).’’. 

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) is inapplicable to task or delivery orders issued 

9 before the date of enactment of this Act. 

10 SEC. 833. CONSIDERATION OF SUSTAINABLE PRACTICES IN 

11 PROCUREMENT OF PRODUCTS AND SERV12 ICES. 

13 (a) CONSIDERATION OF SUSTAINABLE PRACTICES.— 

14 (1) IN GENERAL.—The Secretary of Defense shall 

15 develop and issue guidance directing the Secretary of 

16 each military department and the head of each de17 fense agency to consider sustainable practices in the 

18 procurement of products and services. Such guidance 

19 shall ensure that strategies for acquiring products or 

20 services to meet departmental or agency performance 

21 requirements favor products or services described in 

22 paragraph (2) if such products or services can be ac23 quired on a life cycle cost-neutral basis. 

24 (2) PRODUCTS OR SERVICES.—A product or 

25 service described in this paragraph is a product or 


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1 service that is energy-efficient, water-efficient, 

2 biobased, environmentally preferable, non-ozone-de3 pleting, contains recycled content, is non-toxic, or is 

4 less toxic than alternative products or services. 

5 (b) EXCEPTION.—Subsection (a) does not apply to the 

6 acquisition of weapon systems or components of weapon 

7 systems. 

8 SEC. 834. DEFINITION OF MATERIALS CRITICAL TO NA9 TIONAL SECURITY. 

10 Section 187 of title 10, United States Code, is amended 

11 by adding at the end the following new subsection: 

12 ‘‘(e) DEFINITIONS.—In this section: 

13 ‘‘(1) The term ‘materials critical to national se14 curity’ means materials— 

15 ‘‘(A) upon which the production or 

16 sustainment of military equipment is dependent; 

17 and 

18 ‘‘(B) the supply of which could be restricted 

19 by actions or events outside the control of the 

20 Government of the United States. 

21 ‘‘(2) The term ‘military equipment’ means 

22 equipment used directly by the armed forces to carry 

23 out military operations.’’. 


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1 SEC. 835. DETERMINATION OF STRATEGIC OR CRITICAL 

2 RARE EARTH MATERIALS FOR DEFENSE AP3 PLICATIONS. 

4 (a) ASSESSMENT REQUIRED.—The Secretary of De5 fense shall undertake an assessment of the supply chain for 

6 rare earth materials and determine which, if any, rare 

7 earth materials are strategic materials and which rare 

8 earth materials are materials critical to national security. 

9 For the purposes of the assessment— 

10 (1) the Secretary may consider the views of other 

11 Federal agencies, as appropriate; 

12 (2) any study conducted by the Director, Indus13 trial Policy during fiscal year 2010 may be consid14 ered as partial fulfillment of the requirements of this 

15 section; 

16 (3) any study conducted by the Comptroller Gen17 eral of the United States during fiscal year 2010 may 

18 be considered as partial fulfillment of the require19 ments of this section; and 

20 (4) the Secretary shall consider the sources of 

21 rare earth materials (both in terms of source nations 

22 and number of vendors) including rare earth ele23 ments, rare earth metals, rare earth magnets, and 

24 other components containing rare earths. 

25 (b) PLAN.—In the event that the Secretary determines 

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1 rial critical to national security, the Secretary shall develop 

2 a plan to ensure the long-term availability of such rare 

3 earth material, with a goal of establishing domestic sources 

4 of such material by December 31, 2015. In developing the 

5 plan, the Secretary shall consider all relevant components 

6 of the value-chain, including mining, processing, refining, 

7 and manufacturing. The plan shall include consideration 

8 of numerous options with respect to the material, includ9 ing— 

10 (1) an assessment of including the material in 

11 the National Defense Stockpile; 

12 (2) in consultation with the United States Trade 

13 Representative, the identification of any trade prac14 tices known to the Secretary that limit the Secretary’s 

15 ability to ensure the long-term availability of such 

16 material or the ability to meet the goal of establishing 

17 domestic sources of such material by December 31, 

18 2015; 

19 (3) an assessment of the availability of financing 

20 to industry, academic institutions, or not-for-profit 

21 entities to provide the capacity required to ensure the 

22 availability of the material and potential mechanisms 

23 to increase the availability of such financing; 

24 (4) the benefits, if any, of Defense Production 

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1 tic rare earth manufacturing capability for military 

2 components; 

3 (5) funding for research and development of any 

4 aspect of the rare earth supply-chain; 

5 (6) any other risk mitigation method determined 

6 appropriate by the Secretary that is consistent with 

7 the goal of establishing domestic sources by December 

8 31, 2015; and 

9 (7) for components of the rare earth material 

10 supply-chain for which no other risk mitigation meth11 od, in accordance with paragraphs (1) through (6), 

12 will ensure the establishment of a domestic source by 

13 December 31, 2015, a specific plan to eliminate sup14 ply-chain vulnerability by the earliest date prac15 ticable. 

16 (c) REPORT.— 

17 (1) REQUIREMENT.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary of Defense shall submit to the congressional 

20 committees described in paragraph (2) a report con21 taining the findings of the assessment under sub22 section (a) and the plan (if any) developed under sub23 section (b). 


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1 (2) CONGRESSIONAL COMMITTEES.—The congres2 sional committees described in this paragraph are as 

3 follows: 

4 (A) The congressional defense committees. 

5 (B) The Committee on Financial Services 

6 and the Committee on Ways and Means of the 

7 House of Representatives. 

8 (C) The Committee on Finance and the 

9 Committee on Banking, Housing, and Urban Af10 fairs of the Senate. 

11 (d) DEFINITIONS.—In this section: 

12 (1) STRATEGIC MATERIAL.—The term ‘‘strategic 

13 material’’ means a material— 

14 (A) which is essential for military equip15 ment; 

16 (B) which is unique in the function it per17 forms; and 

18 (C) for which there are no viable alter19 natives. 

20 (2) MATERIALS CRITICAL TO NATIONAL SECU21 RITY.—The term ‘‘materials critical to national secu22 rity’’ has the meaning provided by section 187(e) of 

23 title 10, United States Code, as amended by section 

24 827 of this Act. 


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1 SEC. 836. REVIEW OF NATIONAL SECURITY EXCEPTION TO 

2 COMPETITION. 

3 (a) REVIEW REQUIRED.—The Secretary of Defense 

4 shall review the implementation by the Department of De5 fense of the national security exception to full and open 

6 competition provided in section 2304(c)(6) of title 10, 

7 United States Code. 

8 (b) MATTERS REVIEWED.—The review of the imple9 mentation of the national security exception required by 

10 subsection (a) shall include— 

11 (1) the pattern of usage of such exception by ac12 quisition organizations within the Department to de13 termine which organizations are commonly using the 

14 exception and the frequency of such usage; 

15 (2) the range of items or services being acquired 

16 through the use of such exception; 

17 (3) the process for reviewing and approving jus18 tifications involving such exception; 

19 (4) whether the justifications for use of such ex20 ception typically meet the relevant requirements of the 

21 Federal Acquisition Regulation applicable to the use 

22 of such exception; 

23 (5) issues associated with follow-on procurements 

24 for items or services acquired using such exception; 

25 and 


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1 (6) potential additional instances where such ex2 ception could be applied and any authorities avail3 able to the Department of Defense other than such ex4 ception that could be applied in such instances. 

5 (c) REPORT.—Not later than 270 days after the date 

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

7 submit to the Committees on Armed Services of the Senate 

8 and of the House of Representatives a report on the review 

9 required by subsection (a), including a discussion of each 

10 of the matters specified in subsection (b). The report shall 

11 include any recommendations relating to the matters re12 viewed that the Secretary considers appropriate. The report 

13 shall be submitted in unclassified form but may include a 

14 classified annex. 

15 (d) REGULATIONS.— 

16 (1) REQUIREMENT.—Not later than 270 days 

17 after the date of the enactment of this Act, the Sec18 retary of Defense shall submit to the congressional 

19 committees described in paragraph (2) draft regula20 tions on the implementation of the national security 

21 exception to full and open competition provided in 

22 section 2304(c)(6) of title 10, United States Code, tak23 ing into account the results of the review required by 

24 subsection (a). 


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1 (2) CONGRESSIONAL COMMITTEES.—The congres2 sional committees described in this paragraph are the 

3 following: 

4 (A) The Committee on Armed Services and 

5 the Committee on Homeland Security and Gov6 ernmental Affairs of the Senate. 

7 (B) The Committee on Armed Services and 

8 the Committee on Oversight and Government Re9 form of the House of Representatives. 

10 SEC. 837. INCLUSION OF BRIBERY IN DISCLOSURE RE11 QUIREMENTS OF THE FEDERAL AWARDEE 

12 PERFORMANCE AND INTEGRITY INFORMA13 TION SYSTEM. 

14 (a) INCLUSION OF BRIBERY IN DISCLOSURE REQUIRE15 MENTS.—Section 872(c) of the Duncan Hunter National 

16 Defense Authorization Act for Fiscal Year 2009 (Public 

17 Law 110–417; 122 Stat. 4556) is amended by adding at 

18 the end the following new paragraph: 

19 ‘‘(8) To the maximum extent practical, informa20 tion similar to the information covered by paragraph 

21 (1) in connection with any law relating to bribery of 

22 a country which is a signatory of the Convention on 

23 Combating Bribery of Foreign Public Officials in 

24 International Business Transactions, signed at Paris 

25 on December 17, 1997.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall take effect not later than 90 days after the date 

3 of the enactment of this Act. 

4 SEC. 838. REQUIREMENT FOR ENTITIES WITH FACILITY 

5 CLEARANCES THAT ARE NOT UNDER FOR6 EIGN OWNERSHIP CONTROL OR INFLUENCE 

7 MITIGATION. 

8 (a) REQUIREMENT.—The Secretary of Defense shall re9 quire the directors of a covered entity to establish a govern10 ment security committee that shall ensure that the covered 

11 entity employs and maintains policies and procedures that 

12 meet requirements under the national industrial security 

13 program. 

14 (b) COVERED ENTITY.—A covered entity under this 

15 section is an entity— 

16 (1) to which the Department of Defense has 

17 granted a facility clearance; 

18 (2) that is not subject to foreign ownership con19 trol or influence mitigation measures; and 

20 (3) that is a corporation. 

21 (c) DISCRETIONARY REQUIREMENT.—The Secretary of 

22 Defense may require that the requirement in subsection (a) 

23 apply to an entity that meets the elements described in 

24 paragraphs (1) and (2) of subsection (b) and is a limited 

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1 tion, partnership, academic institution, or any other entity 

2 holding a facility clearance. 

3 (d) GUIDANCE.—The Secretary of Defense shall develop 

4 implementing guidance for the requirement in subsection 

5 (a). 

6 (e) GOVERNMENT SECURITY COMMITTEE.—For the 

7 purposes of this section, a government security committee 

8 is a subcommittee of a covered entity’s board of directors, 

9 made up of resident United States citizens, that is respon10 sible for ensuring that the covered entity complies with the 

11 requirements of the national industrial security program. 

12 TITLE IX—DEPARTMENT OF DE13 FENSE ORGANIZATION AND 

14 MANAGEMENT 

15 Subtitle A—Department of Defense 

16 Management 

17 SEC. 901. REDESIGNATION OF THE DEPARTMENT OF THE 

18 NAVY AS THE DEPARTMENT OF THE NAVY 

19 AND MARINE CORPS. 

20 (a) REDESIGNATION OF THE DEPARTMENT OF THE

21 NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE

22 CORPS.— 

23 (1) REDESIGNATION OF MILITARY DEPART24 MENT.—The military department designated as the 


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1 Department of the Navy is redesignated as the De2 partment of the Navy and Marine Corps. 

3 (2) REDESIGNATION OF SECRETARY AND OTHER

4 STATUTORY OFFICES.— 

5 (A) SECRETARY.—The position of the Sec6 retary of the Navy is redesignated as the Sec7 retary of the Navy and Marine Corps. 

8 (B) OTHER STATUTORY OFFICES.—The po9 sitions of the Under Secretary of the Navy, the 

10 four Assistant Secretaries of the Navy, and the 

11 General Counsel of the Department of the Navy 

12 are redesignated as the Under Secretary of the 

13 Navy and Marine Corps, the Assistant Secre14 taries of the Navy and Marine Corps, and the 

15 General Counsel of the Department of the Navy 

16 and Marine Corps, respectively. 

17 (b) CONFORMING AMENDMENTS TO TITLE 10, UNITED

18 STATES CODE.— 

19 (1) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 

20 Paragraph (8) of section 101(a) of title 10, United 

21 States Code, is amended to read as follows: 

22 ‘‘(8) The term ‘military department’ means the 

23 Department of the Army, the Department of the Navy 

24 and Marine Corps, and the Department of the Air 

25 Force.’’. 


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1 (2) ORGANIZATION OF DEPARTMENT.—The text 

2 of section 5011 of such title is amended to read as fol3 lows: ‘‘The Department of the Navy and Marine 

4 Corps is separately organized under the Secretary of 

5 the Navy and Marine Corps.’’. 

6 (3) POSITION OF SECRETARY.—Section 

7 5013(a)(1) of such title is amended by striking ‘‘There 

8 is a Secretary of the Navy’’ and inserting ‘‘There is 

9 a Secretary of the Navy and Marine Corps’’. 

10 (4) CHAPTER HEADINGS.— 

11 (A) The heading of chapter 503 of such title 

12 is amended to read as follows: 

13 ‘‘CHAPTER 503—DEPARTMENT OF THE 

14 NAVY AND MARINE CORPS’’. 

15 (B) The heading of chapter 507 of such title 

16 is amended to read as follows: 

17 ‘‘CHAPTER 507—COMPOSITION OF THE DE18 PARTMENT OF THE NAVY AND MARINE 

19 CORPS’’. 

20 (5) OTHER AMENDMENTS.— 

21 (A) Title 10, United States Code, is amend22 ed by striking ‘‘Department of the Navy’’ and 

23 ‘‘Secretary of the Navy’’ each place they appear 

24 other than as specified in paragraphs (1), (2), 

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1 section captions, tables of chapters, and tables of 

2 sections) and inserting ‘‘Department of the Navy 

3 and Marine Corps’’ and ‘‘Secretary of the Navy 

4 and Marine Corps’’, respectively, in each case 

5 with the matter inserted to be in the same type6 face and typestyle as the matter stricken. 

7 (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 

8 5017(2), 5032(a), and 5042(a) of such title are 

9 amended by striking ‘‘Assistant Secretaries of the 

10 Navy’’ and inserting ‘‘Assistant Secretaries of 

11 the Navy and Marine Corps’’. 

12 (ii) The heading of section 5016 of such 

13 title, and the item relating to such section in the 

14 table of sections at the beginning of chapter 503 

15 of such title, are each amended by inserting ‘‘and 

16 Marine Corps’’ after ‘‘of the Navy’’, with the 

17 matter inserted in each case to be in the same 

18 typeface and typestyle as the matter amended. 

19 (c) OTHER PROVISIONS OF LAW AND OTHER REF20 ERENCES.— 

21 (1) TITLE 37, UNITED STATES CODE.—Title 37, 

22 United States Code, is amended by striking ‘‘Depart23 ment of the Navy’’ and ‘‘Secretary of the Navy’’ each 

24 place they appear and inserting ‘‘Department of the 


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1 Navy and Marine Corps’’ and ‘‘Secretary of the Navy 

2 and Marine Corps’’, respectively. 

3 (2) OTHER REFERENCES.—Any reference in any 

4 law other than in title 10 or title 37, United States 

5 Code, or in any regulation, document, record, or other 

6 paper of the United States, to the Department of the 

7 Navy shall be considered to be a reference to the De8 partment of the Navy and Marine Corps. Any such 

9 reference to an office specified in subsection (b)(2) 

10 shall be considered to be a reference to that officer as 

11 redesignated by that section. 

12 (d) EFFECTIVE DATE.—This section and the amend13 ments made by this section shall take effect on the first day 

14 of the first month beginning more than 60 days after the 

15 date of the enactment of this Act. 

16 SEC. 902. REALIGNMENT OF THE ORGANIZATIONAL STRUC17 TURE OF THE OFFICE OF THE SECRETARY OF 

18 DEFENSE TO CARRY OUT THE REDUCTION 

19 REQUIRED BY LAW IN THE NUMBER OF DEP20 UTY UNDER SECRETARIES OF DEFENSE. 

21 (a) REDESIGNATION OF CERTAIN POSITIONS IN THE

22 OFFICE OF THE SECRETARY OF DEFENSE.—Positions in 

23 the Office of the Secretary of Defense of the Department of 

24 Defense are hereby redesignated as Assistant Secretaries of 

25 Defense as follows: 


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1 (1) The Director of Defense Research and Engi2 neering is redesignated as the Assistant Secretary of 

3 Defense for Research and Engineering. 

4 (2) The Director of Operational Energy Plans 

5 and Programs is redesignated as the Assistant Sec6 retary of Defense for Operational Energy Plans and 

7 Programs. 

8 (3) The Director of Cost Assessment and Pro9 gram Evaluation is redesignated as the Assistant Sec10 retary of Defense for Cost Assessment and Program 

11 Evaluation. 

12 (4) The Assistant to the Secretary of Defense for 

13 Nuclear and Chemical and Biological Defense Pro14 grams is redesignated as the Assistant Secretary of 

15 Defense for Nuclear, Chemical, and Biological Defense 

16 Programs. 

17 (b) AMENDMENTS TO CHAPTER 4 OF TITLE 10 RELAT18 ING TO REALIGNMENT.—Chapter 4 of title 10, United 

19 States Code, is amended as follows: 

20 (1) REPEAL OF SEPARATE DEPUTY UNDER SEC21 RETARY PROVISIONS.—The following sections are re22 pealed: section 133a, 134a, and 136a. 

23 (2) COMPONENTS OF OSD.—Section 131(b) is 

24 amended to read as follows: 


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1 ‘‘(b) The Office of the Secretary of Defense is composed 

2 of the following: 

3 ‘‘(1) The Deputy Secretary of Defense. 

4 ‘‘(2) The Under Secretaries of Defense, as follows: 

5 ‘‘(A) The Under Secretary of Defense for 

6 Acquisition, Technology, and Logistics. 

7 ‘‘(B) The Under Secretary of Defense for 

8 Policy. 

9 ‘‘(C) The Under Secretary of Defense 

10 (Comptroller). 

11 ‘‘(D) The Under Secretary of Defense for 

12 Personnel and Readiness. 

13 ‘‘(E) The Under Secretary of Defense for In14 telligence. 

15 ‘‘(3) The Deputy Chief Management Officer of 

16 the Department of Defense. 

17 ‘‘(4) The Principal Deputy Under Secretaries of 

18 Defense. 

19 ‘‘(5) The Assistant Secretaries of Defense. 

20 ‘‘(6) Other officers who are appointed by the 

21 President, by and with the advice and consent of the 

22 Senate, as follows: 

23 ‘‘(A) The Director of Operational Test and 

24 Evaluation. 


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1 ‘‘(B) The General Counsel of the Depart2 ment of Defense. 

3 ‘‘(C) The Inspector General of the Depart4 ment of Defense. 

5 ‘‘(7) Other officials provided for by law, as fol6 lows: 

7 ‘‘(A) The official designated under section 

8 1501(a) of this title to have responsibility for De9 partment of Defense matters relating to missing 

10 persons as set forth in section 1501 of this title. 

11 ‘‘(B) The official designated under section 

12 2228(a)(2) of this title to have responsibility for 

13 Department of Defense policy related to the pre14 vention and mitigation of corrosion of the mili15 tary equipment and infrastructure of the Depart16 ment of Defense and for directing the activities 

17 of the Office of Corrosion Policy and Oversight. 

18 ‘‘(C) The officials designated under sub19 sections (a) and (b) of section 2438(a) of this 

20 title to have responsibility, respectively, for de21 velopmental test and evaluation and for systems 

22 engineering. 

23 ‘‘(D) The official designated under section 

24 2438a(a) of this title to have responsibility for 

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1 ments and root cause analyses for major defense 

2 acquisition programs. 

3 ‘‘(E) The Director of Small Business Pro4 grams, provided for under section 2508 of this 

5 title. 

6 ‘‘(8) Such other offices and officials as may be 

7 established by law or the Secretary of Defense may es8 tablish or designate in the Office.’’. 

9 (3) PRINCIPAL DEPUTY UNDER SECRETARIES OF

10 DEFENSE.—Section 137a is amended— 

11 (A) in subsections (a)(1), (b), and (d), by 

12 striking ‘‘Deputy Under’’ each place it appears 

13 and inserting ‘‘Principal Deputy Under’’; 

14 (B) in subsection (a)(2), by striking ‘‘(A) 

15 The’’ and all that follows through ‘‘(5) of sub16 section (c)’’ and inserting ‘‘The Principal Dep17 uty Under Secretaries of Defense’’; 

18 (C) in subsection (c)— 

19 (i) by striking ‘‘One of the Deputy’’ in 

20 paragraphs (1), (2), (3), (4), and (5) and 

21 inserting ‘‘One of the Principal Deputy’’; 

22 (ii) by striking ‘‘appointed’’ and all 

23 that follows through ‘‘this title’’ in para24 graphs (1), (2), and (3); 


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1 (iii) by striking ‘‘shall be’’ in para2 graphs (4) and (5) and inserting ‘‘is’’; and 

3 (iv) by adding at the end of paragraph 

4 (5) the following new sentence: ‘‘Any indi5 vidual nominated for appointment as the 

6 Principal Deputy Under Secretary of De7 fense for Intelligence shall have extensive in8 telligence expertise.’’; and 

9 (D) by adding at the end of subsection (d) 

10 the following new sentence: ‘‘The Principal Dep11 uty Under Secretaries take precedence among 

12 themselves in the order prescribed by the Sec13 retary of Defense.’’. 

14 (4) ASSISTANT SECRETARIES OF DEFENSE.—Sec15 tion 138 is amended— 

16 (A) in subsection (a)— 

17 (i) by striking ‘‘12’’ and inserting 

18 ‘‘17’’; and 

19 (ii) by striking ‘‘(A) The’’ and all that 

20 follows through ‘‘The other’’ and inserting 

21 ‘‘The’’; 

22 (B) in subsection (b)— 

23 (i) by striking ‘‘shall be’’ in para24 graphs (2), (3), (4), (5), and (6) and insert25 ing ‘‘is’’; 


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1 (ii) by striking ‘‘appointed pursuant to 

2 section 138a of this title’’ in paragraph (7); 

3 and 

4 (iii) by adding at the end the following 

5 new paragraphs: 

6 ‘‘(8) One of the Assistant Secretaries is the Assistant 

7 Secretary of Defense for Research and Engineering. In ad8 dition to any duties and powers prescribed under para9 graph (1), the Assistant Secretary of Defense for Research 

10 and Engineering shall have the duties specified in section 

11 138b of this title. 

12 ‘‘(9) One of the Assistant Secretaries is the Assistant 

13 Secretary of Defense for Operational Energy Plans and 

14 Programs. In addition to any duties and powers prescribed 

15 under paragraph (1), the Assistant Secretary of Defense for 

16 Operational Energy Plans and Programs shall have the du17 ties specified in section 138c of this title. 

18 ‘‘(10) One of the Assistant Secretaries is the Assistant 

19 Secretary of Defense for Cost Assessment and Program 

20 Evaluation. In addition to any duties and powers pre21 scribed under paragraph (1), the Assistant Secretary of De22 fense for Cost Assessment and Program Evaluation shall 

23 have the duties specified in section 138d of this title. 

24 ‘‘(11) One of the Assistant Secretaries is the Assistant 

25 Secretary of Defense for Nuclear, Chemical, and Biological 


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1 Defense Programs. In addition to any duties and powers 

2 prescribed under paragraph (1), the Assistant Secretary of 

3 Defense for Nuclear, Chemical, and Biological Defense Pro4 grams shall have the duties specified in section 138e of this 

5 title.’’; and 

6 (C) in subsection (d), by striking ‘‘and the 

7 Director of Defense Research and Engineering’’ 

8 and inserting ‘‘the Deputy Chief Management 

9 Officer of the Department of Defense, and the 

10 Principal Deputy Under Secretaries of Defense’’. 

11 (5) ASSISTANT SECRETARY FOR LOGISTICS AND

12 MATERIEL READINESS.—Section 138a(a) is amend13 ed— 

14 (A) by striking ‘‘There is a’’ and inserting 

15 ‘‘The’’; and 

16 (B) by striking ‘‘, appointed from civilian 

17 life by the President, by and with the advice and 

18 consent of the Senate. The Assistant Secretary’’. 

19 (6) ASSISTANT SECRETARY FOR RESEARCH AND

20 ENGINEERING.—Section 139a is transferred so as to 

21 appear after section 138a, redesignated as section 

22 138b, and amended— 

23 (A) by striking subsection (a); 

24 (B) by redesignating subsections (b) and (c) 

25 as subsections (a) and (b), respectively; 


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1 (C) in subsection (a), as so redesignated, by 

2 striking ‘‘Director of Defense’’ and inserting ‘‘As3 sistant Secretary of Defense for’’; and 

4 (D) in subsection (b), as so redesignated— 

5 (i) in paragraph (1), by striking ‘‘Di6 rector of Defense Research and Engineering, 

7 in consultation with the Director of Devel8 opmental Test and Evaluation’’ and insert9 ing ‘‘Assistant Secretary of Defense for Re10 search and Engineering, in consultation 

11 with the official designated under section 

12 2438(a) of this title to have responsibility 

13 for developmental test and evaluation func14 tions’’; and 

15 (ii) in paragraph (2), by striking ‘‘Di16 rector’’ and inserting ‘‘Assistant Secretary’’. 

17 (7) ASSISTANT SECRETARY FOR OPERATIONAL

18 ENERGY PLANS AND PROGRAMS.—Section 139b is 

19 transferred so as to appear after section 138b (as 

20 transferred and redesignated by paragraph (6)), re21 designated as section 138c, and amended— 

22 (A) in subsection (a), by striking ‘‘There is 

23 a’’ and all that follows through ‘‘The Director’’ 

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1 fense for Operational Energy Plans and Pro2 grams’’; 

3 (B) by striking ‘‘Director’’ each place it ap4 pears and inserting ‘‘Assistant Secretary’’; 

5 (C) in subsection (d)(2)— 

6 (i) by striking ‘‘Not later than’’ and 

7 all that follows through ‘‘military depart8 ments’’ and inserting ‘‘The Secretary of 

9 each military department’’; 

10 (ii) by striking ‘‘who will’’ and insert11 ing ‘‘who shall’’; and 

12 (iii) by inserting ‘‘so designated’’ after 

13 ‘‘The officials’’; and 

14 (D) in subsection (d)(4), by striking ‘‘The 

15 initial’’ and all that follows through ‘‘updates to 

16 the strategy’’ and inserting ‘‘Updates to the 

17 strategy required by paragraph (1)’’. 

18 (8) ASSISTANT SECRETARY FOR COST ASSESS19 MENT AND PROGRAM EVALUATION.—Section 139c is 

20 transferred so as to appear after section 138c (as 

21 transferred and redesignated by paragraph (7)), re22 designated as section 138d, and amended— 

23 (A) by striking subsection (a); 

24 (B) by redesignating subsection (b) as sub25 section (a) and in that subsection— 


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1 (i) striking ‘‘Director of’’ in paragraph 

2 (1) and inserting ‘‘Assistant Secretary of 

3 Defense for’’; and 

4 (ii) striking ‘‘Director’’ each place it 

5 appears in paragraphs (1)(A), (1)(B), and 

6 (2) and inserting ‘‘Assistant Secretary’’; 

7 (C) by striking subsection (c) and inserting 

8 the following: 

9 ‘‘(b) RESPONSIBILITY FOR SPECIFIED FUNCTIONS.— 

10 There shall be within the office of the Assistant Secretary 

11 the following: 

12 ‘‘(1) An official with primary responsibility for 

13 cost assessment. 

14 ‘‘(2) An official with primary responsibility for 

15 program evaluation.’’; and 

16 (D) by redesignating subsection (d) as sub17 section (c) and in that subsection striking ‘‘Di18 rector of’’ in the matter preceding paragraph (1) 

19 and inserting ‘‘Assistant Secretary of Defense 

20 for’’. 

21 (9) ASSISTANT SECRETARY FOR NUCLEAR, CHEM22 ICAL, AND BIOLOGICAL DEFENSE PROGRAMS.—Section 

23 142 is transferred so as to appear after section 138d 

24 (as redesignated and transferred by paragraph (8)), 

25 redesignated as section 138e, and amended— 


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1 (A) by striking subsection (a); 

2 (B) by striking ‘‘(b) The Assistant to the 

3 Secretary’’ and inserting ‘‘The Assistant Sec4 retary of Defense for Nuclear, Chemical, and Bi5 ological Defense Programs’’; and 

6 (C) by striking subsection (c). 

7 (c) OTHER AMENDMENTS TO CHAPTER 4 OF TITLE

8 10.—Chapter 4 of title 10, United States Code, is further 

9 amended as follows: 

10 (1) OFFICE OF THE SECRETARY OF DEFENSE.— 

11 Section 131(a) is amended by striking ‘‘his’’ and in12 serting ‘‘the Secretary’s’’. 

13 (2) DEPUTY SECRETARY.—Section 132 is 

14 amended by striking the second sentence of subsection 

15 (c). 

16 (3) DEPUTY CHIEF MANAGEMENT OFFICER.— 

17 Such chapter is further amended by inserting after 

18 section 132 the following new section: 

19 ‘‘§ 132a. Deputy Chief Management Officer 

20 ‘‘(a) There is a Deputy Chief Management Officer of 

21 the Department of Defense, appointed from civilian life by 

22 the President, by and with the advice and consent of the 

23 Senate. 

24 ‘‘(b) The Deputy Chief Management Officer assists the 

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1 pacity as Chief Management Officer of the Department of 

2 Defense under section 132(c) of this title. 

3 ‘‘(c) The Deputy Chief Management Officer takes prec4 edence in the Department of Defense after the Secretary of 

5 Defense, the Deputy Secretary of Defense, the Secretaries 

6 of the military departments, and the Under Secretaries of 

7 Defense.’’. 

8 (4) UNDER SECRETARY OF DEFENSE (COMP9 TROLLER).—Section 135(c) is amended by striking 

10 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

11 (d) REPEAL OF POSITION TITLES SPECIFIED BY LAW

12 FOR STATUTORY POSITIONS RELATING TO DEVELOP13 MENTAL TEST AND EVALUATION AND SYSTEMS ENGINEER14 ING.— 

15 (1) TRANSFER OF SECTION FROM CHAPTER 4 TO

16 PROGRAMMATIC CHAPTER.—Section 139d of title 10, 

17 United States Code, is transferred to chapter 144, in18 serted after section 2437, and redesignated as section 

19 2438. 

20 (2) DIRECTOR OF DEVELOPMENTAL TEST AND

21 EVALUATION.—Subsection (a) of such section is 

22 amended— 

23 (A) by striking ‘‘(a) DIRECTOR OF’’ and all 

24 that follows through paragraph (3) and inserting 

25 the following: 


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1 ‘‘(a) DEVELOPMENTAL TEST AND EVALUATION.— 

2 ‘‘(1) DESIGNATION OF RESPONSIBLE OFFICIAL.— 

3 The Secretary of Defense shall designate, from among 

4 individuals with expertise in test and evaluation, an 

5 official to be responsible to the Secretary and the 

6 Under Secretary of Defense for Acquisition, Tech7 nology, and Logistics for developmental test and eval8 uation in the Department of Defense. 

9 ‘‘(2) SUPERVISION.—The official designated 

10 under paragraph (1) shall report directly to an offi11 cial of the Department appointed from civilian life by 

12 the President, by and with the advice and consent of 

13 the Senate.’’; 

14 (B) by redesignating paragraphs (4), (5), 

15 (6), and (7) as paragraphs (3), (4), (5), and (6), 

16 respectively; 

17 (C) in paragraph (3), as so redesignated, by 

18 striking DIRECTOR OF SYSTEMS ENGINEERING’’ 

19 and all that follows through ‘‘Director of Systems 

20 Engineering’’ and inserting ‘‘SYSTEMS ENGI21 NEERING.—The official designated under para22 graph (1) shall closely coordinate with the offi23 cial designated under subsection (b)’’; 

24 (D) in paragraph (4), as so redesignated, by 

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1 paragraph (A) and inserting ‘‘official designated 

2 under paragraph (1)’’; 

3 (E) in paragraph (5), as so redesignated— 

4 (i) by striking ‘‘Director has’’ and in5 serting ‘‘official designated under para6 graph (1) has’’; 

7 (ii) by striking ‘‘Director considers’’ 

8 and inserting ‘‘designated official con9 siders’’; and 

10 (iii) by striking ‘‘the Director’s duties’’ 

11 and inserting ‘‘that official’s duties’’; and 

12 (F) in paragraph (6), as so redesignated, by 

13 striking ‘‘serving as the Director of Develop14 mental Test and Evaluation’’ and inserting ‘‘of15 ficial designated under paragraph (1)’’. 

16 (3) DIRECTOR OF SYSTEMS ENGINEERING.—Sub17 section (b) of such section is amended— 

18 (A) by striking ‘‘(b) DIRECTOR OF’’ and all 

19 that follows through paragraph (3) and inserting 

20 the following: 

21 ‘‘(b) SYSTEMS ENGINEERING.— 

22 ‘‘(1) DESIGNATION OF RESPONSIBLE OFFICIAL.— 

23 The Secretary of Defense shall designate, from among 

24 individuals with expertise in systems engineering, an 

25 official to be responsible to the Secretary and the 


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1 Under Secretary of Defense for Acquisition, Tech2 nology, and Logistics for systems engineering and de3 velopment planning in the Department of Defense. 

4 ‘‘(2) SUPERVISION.—The official designated 

5 under paragraph (1) shall report directly to an offi6 cial of the Department appointed from civilian life by 

7 the President, by and with the advice and consent of 

8 the Senate.’’; 

9 (B) by redesignating paragraphs (4), (5), 

10 and (6) as paragraphs (3), (4), and (5), respec11 tively; 

12 (C) in paragraph (3), as so redesignated, by 

13 striking ‘‘DIRECTOR OF DEVELOPMENTAL TEST

14 AND EVALUATION’’ and all that follows through 

15 ‘‘Director of Developmental Test And Evalua16 tion’’ and inserting ‘‘DEVELOPMENTAL TEST AND

17 EVALUATION.—The official designated under 

18 paragraph (1) shall closely coordinate with the 

19 official designated under subsection (a)’’; 

20 (D) in paragraph (4), as so redesignated, by 

21 striking ‘‘Director’’ in the matter preceding sub22 paragraph (A) and inserting ‘‘official designated 

23 under paragraph (1)’’; and 

24 (E) in paragraph (5), as so redesignated— 


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1 (i) by striking ‘‘Director shall’’ and in2 serting ‘‘official designated under para3 graph (1) shall’’; 

4 (ii) by striking ‘‘Director considers’’ 

5 and inserting ‘‘designated official con6 siders’’; and 

7 (iii) by striking ‘‘the Director’s duties’’ 

8 and inserting ‘‘that official’s duties’’. 

9 (4) JOINT ANNUAL REPORT.—Subsection (c) of 

10 such section is amended in the matter preceding 

11 paragraph (1)— 

12 (A) by striking ‘‘beginning in 2010,’’; 

13 (B) by striking ‘‘Director of Developmental 

14 Test and Evaluation and the Director of Systems 

15 Engineering’’ and inserting ‘‘officials designated 

16 under subsections (a) and (b)’’; 

17 (C) by striking ‘‘subsections (a) and (b)’’ 

18 and inserting ‘‘those subsections’’; and 

19 (D) by inserting ‘‘such’’ after ‘‘Each’’. 

20 (5) JOINT GUIDANCE.—Subsection (d) of such 

21 section is amended in the matter preceding paragraph 

22 (1)— 

23 (A) by striking ‘‘Director of Developmental 

24 Test and Evaluation and the Director of Systems 


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1 Engineering’’ and inserting ‘‘officials designated 

2 under subsections (a) and (b)’’; and 

3 (B) by striking ‘‘section 103 of the Weapon 

4 Systems Acquisition Reform Act of 2009’’ and 

5 inserting ‘‘section 2438a of this title’’. 

6 (6) REPEAL OF REDUNDANT DEFINITION.—Sub7 section (e) of such section is repealed. 

8 (e) CODIFICATION OF SECTION 103 OF WEAPON SYS9 TEMS ACQUISITION REFORM ACT OF 2009.— 

10 (1) CODIFICATION.—Chapter 144 of title 10, 

11 United States Code, is amended by inserting after sec12 tion 2438 (as transferred and redesignated by sub13 section (d)), a new section 2438a consisting of— 

14 (A) a section heading as follows: 

15 ‘‘§ 2438a. Performance assessments and root cause 

16 analyses’’; and 

17 (B) a text consisting of the text of section 

18 103 of the Weapon Systems Acquisition Reform 

19 Act of 2009 (Public Law 111–23; 123 Stat. 1715; 

20 10 U.S.C. 2430 note), modified as specified in 

21 paragraph (2). 

22 (2) TECHNICAL AMENDMENTS DUE TO CODIFICA23 TION.—The modifications referred to in paragraph 

24 (1)(B) to the text specified in that paragraph are— 


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1 (A) in subsection (b)(2), by striking ‘‘section 

2 2433a(a)(1) of title 10, United States Code (as 

3 added by section 206(a) of this Act)’’ and insert4 ing ‘‘section 2433a(a)(1) of this title’’; 

5 (B) in subsection (b)(5)— 

6 (i) by striking ‘‘section 2433a of title 

7 10, United States Code (as so added)’’ and 

8 inserting ‘‘section 2433a of this title’’; and 

9 (ii) by striking ‘‘prior to’’ both places 

10 it appears and inserting ‘‘before’’; 

11 (C) in subsection (d), by striking ‘‘section 

12 2433a of title 10, United States Code (as so 

13 added)’’ and inserting ‘‘section 2433a of this 

14 title’’; and 

15 (D) in subsection (f), by striking ‘‘beginning 

16 in 2010,’’. 

17 (f) TRANSFER OF SECTION PROVIDING FOR DIRECTOR

18 OF SMALL BUSINESS PROGRAMS.—Section 144 of title 10, 

19 United States Code, is transferred to chapter 148, inserted 

20 after section 2507, and redesignated as section 2508. 

21 (g) REPEAL OF STATUTORY REQUIREMENT FOR OF22 FICE FOR MISSING PERSONNEL IN OSD.—Section 1501(a) 

23 of title 10, United States Code, is amended— 


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1 (1) by striking the subsection heading and in2 serting the following: ‘‘RESPONSIBILITY FOR MISSING

3 PERSONNEL .—’’; 

4 (2) in paragraph (1)— 

5 (A) by striking ‘‘establish within the Office 

6 of the Secretary of Defense an office to have re7 sponsibility for Department of Defense policy’’ 

8 in the first sentence and inserting ‘‘designate 

9 within the Office of the Secretary of Defense an 

10 official as the Deputy Assistant Secretary of De11 fense for Prisoner of War/Missing Personnel Af12 fairs to have responsibility for Department of 

13 Defense matters’’; 

14 (B) by striking the second sentence; 

15 (C) by striking ‘‘of the office’’ and inserting 

16 ‘‘of the official designated under this para17 graph’’; 

18 (D) by striking ‘‘and’’ at the end of sub19 paragraph (A); 

20 (E) by redesignating subparagraph (B) as 

21 subparagraph (C); and 

22 (F) by inserting after subparagraph (A) the 

23 following new subparagraph (B): 

24 ‘‘(B) policy, control, and oversight of the pro25 gram established under section 1509 of this title, as 


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1 well as the accounting for missing persons (including 

2 locating, recovering, and identifying missing persons 

3 or their remains after hostilities have ceased); and’’; 

4 (3) by redesignating paragraphs (2), (3), (4), 

5 and (5) as paragraphs (3), (4), (5), and (6), respec6 tively; 

7 (4) by inserting after paragraph (1) the fol8 lowing new paragraph (2): 

9 ‘‘(2) The official designated under paragraph (1) 

10 shall also serve as the Director, Defense Prisoner of 

11 War/Missing Personnel Office, as established under 

12 paragraph (6)(A), exercising authority, direction, and 

13 control over that activity.’’. 

14 (5) in paragraph (3), as so redesignated— 

15 (A) by striking ‘‘of the office’’ the first place 

16 it appears; and 

17 (B) by striking ‘‘head of the office’’ and in18 serting ‘‘official designated under paragraph (1) 

19 and (2)’’; 

20 (6) in paragraph (4), as so redesignated— 

21 (A) by striking ‘‘office’’ and inserting ‘‘des22 ignated official’’; and 

23 (B) by inserting after ‘‘evasion)’’ the fol24 lowing: ‘‘and for personnel accounting (including 

25 locating, recovering, and identifying missing 


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1 persons or their remains after hostilities have 

2 ceased)’’; 

3 (7) in paragraph (5), as so redesignated, by 

4 striking ‘‘office’’ and inserting ‘‘designated official’’; 

5 and 

6 (8) in paragraph (6), as so redesignated— 

7 (A) in subparagraph (A)— 

8 (i) by inserting after ‘‘(A)’’ the fol9 lowing: ‘‘The Secretary of Defense shall es10 tablish an activity to account for personnel 

11 who are missing or whose remains have not 

12 been recovered from the conflict in which 

13 they were lost. This activity shall be known 

14 as the Defense Prisoner of War/Missing Per15 sonnel Office.’’; and 

16 (ii) by striking ‘‘office’’ both places it 

17 appears and inserting ‘‘activity’’; 

18 (B) in subparagraph (B)(i), by striking ‘‘to 

19 the office’’ and inserting ‘‘activity’’; 

20 (C) in subparagraph (B)(ii)— 

21 (i) by striking ‘‘to the office’’ and in22 serting ‘‘activity’’; and 

23 (ii) by striking ‘‘of the office’’ and in24 serting ‘‘of the activity’’; and 


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1 (D) in subparagraph (C), by striking ‘‘of2 fice’’ and inserting ‘‘activity’’. 

3 (h) REPEAL OF STATUTORY REQUIREMENT FOR DI4 RECTOR OF OFFICE FOR CORROSION POLICY AND OVER5 SIGHT IN OSD.—Section 2228 of title 10, United States 

6 Code, is amended— 

7 (1) in subsection (a)— 

8 (A) by striking the subsection heading and 

9 inserting the following: ‘‘OFFICE OF CORROSION

10 POLICY AND OVERSIGHT AND DESIGNATION OF

11 RESPONSIBLE OFFICIAL’’; 

12 (B) by amending paragraph (2) to read as 

13 follows: 

14 ‘‘(2) The Secretary of Defense shall designate, from 

15 among civilian employees of the Department of Defense 

16 with the qualifications described in paragraph (4), an offi17 cial to be responsible to the Secretary of Defense and the 

18 Under Secretary of Defense for Acquisition, Technology, 

19 and Logistics for the prevention and mitigation of corrosion 

20 of the military equipment and infrastructure of the Depart21 ment of Defense and for directing the activities of the Office 

22 of Corrosion Policy and Oversight.’’; 

23 (C) by redesignating paragraphs (3) and 

24 (4) as paragraphs (4) and (5), respectively; 


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1 (D) by inserting after paragraph (2) the fol2 lowing new paragraph (3): 

3 ‘‘(3) The official designated under paragraph (2) 

4 shall report directly to the Principal Deputy Under 

5 Secretary of Defense for Acquisition, Technology, and 

6 Logistics.’’. 

7 (E) in paragraph (4), as so redesignated, by 

8 striking ‘‘assigned to the position of Director’’ 

9 and inserting ‘‘designated under paragraph (2)’’; 

10 and 

11 (F) in paragraph (5), as so redesignated, by 

12 striking ‘‘of Director’’ and inserting ‘‘held by the 

13 official designated under paragraph (2)’’; 

14 (2) in subsection (b)— 

15 (A) by striking ‘‘Director of Corrosion Pol16 icy and Oversight (in this section referred to as 

17 the ‘Director’)’’ in paragraph (1) and inserting 

18 ‘‘official designated under subsection (a)(2)’’; 

19 and 

20 (B) by striking ‘‘Director’’ in paragraphs 

21 (2), (3), (4), and (5) and inserting ‘‘designated 

22 official’’; 

23 (3) in subsection (c), by striking ‘‘ADDITIONAL

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1 ized to—’’ and inserting ‘‘ADDITIONAL DUTIES.—The 

2 official designated under subsection (a) shall —’’; and 

3 (4) in subsection (e), by striking ‘‘beginning with 

4 the budget for fiscal year 2009,’’. 

5 (i) REPEAL OF STATUTORY LIMITATION ON NUMBER

6 OF DEPUTY UNDER SECRETARIES OF DEFENSE.—Section 

7 906(a)(2) of the National Defense Authorization Act for Fis8 cal Year 2010 (Public Law 111–84; 123 Stat. 2426; 10 

9 U.S.C. 137a note) is repealed. 

10 (j) CONFORMING AMENDMENTS TO TITLE 10.—Title 

11 10, United States Code, is amended as follows: 

12 (1) The following sections are amended by strik13 ing ‘‘Director of Cost Assessment and Program Eval14 uation’’ and inserting ‘‘Assistant Secretary of Defense 

15 for Cost Assessment and Program Evaluation’’: sec16 tions 181(d), 2306b(i)(1)(B), 2366a(a)(4), 

17 2366a(a)(5), 2366b(a)(1)(C), 2433a(a)(2), 

18 2433a(b)(2)(C), 2434(b)(1)(A), and 2445c(f)(3). 

19 (2) Section 179(c) is amended— 

20 (A) by striking ‘‘Assistant to the Secretary 

21 of Defense for Nuclear and Chemical and Bio22 logical Defense Programs’’ in paragraphs (2) 

23 and (3) and inserting ‘‘Assistant Secretary of 

24 Defense for Nuclear, Chemical, and Biological 

25 Defense Programs’’; and 


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1 (B) by striking ‘‘to the’’ in paragraph (3). 

2 (3) Section 2272 is amended by striking ‘‘Direc3 tor of Defense Research and Engineering’’ each place 

4 it appears and inserting ‘‘Assistant Secretary of De5 fense for Research and Engineering’’. 

6 (4) Section 2334 is amended— 

7 (A) by striking ‘‘Director of Cost Assessment 

8 and Program Evaluation’’ each place it appears 

9 and inserting ‘‘Assistant Secretary of Defense for 

10 Cost Assessment and Program Evaluation’’; and 

11 (B) by striking ‘‘Director’’ each place it ap12 pears (other than as specified in subparagraph 

13 (A)) and inserting ‘‘Assistant Secretary’’. 

14 (5) Section 2365 is amended— 

15 (A) in subsection (a), by striking ‘‘Director 

16 of Defense Research and Engineering’’ and in17 serting ‘‘Assistant Secretary of Defense for Re18 search and Engineering’’; 

19 (B) in subsection (d)(1), by striking ‘‘Direc20 tor’’ and inserting ‘‘Assistant Secretary’’; 

21 (C) in subsection (d)(2)— 

22 (i) by striking ‘‘Director of Defense Re23 search and Engineering’’ and inserting ‘‘As24 sistant Secretary of Defense for Research 

25 and Engineering’’; and 


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1 (ii) by striking ‘‘Director may’’ and 

2 inserting ‘‘Assistant Secretary may’’; and 

3 (D) in subsection (e), by striking ‘‘Director’’ 

4 and inserting ‘‘Assistant Secretary’’. 

5 (6) Sections 2350a(g)(3), 2366b(a)(3)(D), 

6 2374a(a), and 2517(a) are amended by striking ‘‘Di7 rector of Defense Research and Engineering’’ and in8 serting ‘‘Assistant Secretary of Defense for Research 

9 and Engineering’’. 

10 (7) Section 2902(b) is amended— 

11 (A) in paragraph (1), by striking ‘‘Deputy 

12 Under Secretary of Defense for Science and 

13 Technology’’ and inserting ‘‘official within the 

14 Office of the Assistant Secretary of Defense for 

15 Research and Engineering who is responsible for 

16 science and technology’’; and 

17 (B) in paragraph (3), by striking ‘‘Deputy 

18 Under Secretary of Defense’’ and inserting ‘‘offi19 cial within the Office of the Under Secretary of 

20 Defense for Acquisition, Technology, and Logis21 tics who is’’. 

22 (k) OTHER CONFORMING AMENDMENTS.— 

23 (1) Section 214 of the National Defense Author24 ization Act of Fiscal Year 2008 (10 U.S.C. 2521 note) 

25 is amended by striking ‘‘Director of Defense Research 


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1 and Engineering’’ and inserting ‘‘Assistant Secretary 

2 of Defense for Research and Engineering’’. 

3 (2) Section 201(d) of the Weapon Systems Acqui4 sition Reform Act of 2009 (10 U.S.C. 181 note) is 

5 amended— 

6 (A) by striking ‘‘The Director of Cost As7 sessment and Program Evaluation’’ and insert8 ing ‘‘The Assistant Secretary of Defense for Cost 

9 Assessment and Program Evaluation’’; and 

10 (B) by striking ‘‘the Director’’ and inserting 

11 ‘‘the Assistant Secretary’’. 

12 (l) SECTION HEADING AND CLERICAL AMEND13 MENTS.— 

14 (1) SECTION HEADING AMENDMENTS.—Title 10, 

15 United States Code, is amended as follows: 

16 (A) The heading of section 137a is amended 

17 to read as follows: 

18 ‘‘§ 137a. Principal Deputy Under Secretaries of De19 fense’’. 

20 (B) The heading of section 138b, as trans21 ferred and redesignated by subsection (b)(6), is 

22 amended to read as follows: 


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1 ‘‘§ 138b. Assistant Secretary of Defense for Research 

2 and Engineering’’. 

3 (C) The heading of section 138c, as trans4 ferred and redesignated by subsection (b)(7), is 

5 amended to read as follows: 

6 ‘‘§ 138c. Assistant Secretary of Defense for Oper7 ational Energy Plans and Programs’’. 

8 (D) The heading of section 138d, as trans9 ferred and redesignated by subsection (b)(8), is 

10 amended to read as follows: 

11 ‘‘§ 138d. Assistant Secretary of Defense for Cost Assess12 ment and Program Evaluation’’. 

13 (E) The heading of section 138e, as trans14 ferred and redesignated by subsection (b)(9), is 

15 amended to read as follows: 

16 ‘‘§ 138e. Assistant Secretary of Defense for Nuclear, 

17 Chemical, and Biological Defense Pro18 grams’’. 

19 (F) The heading of section 2228 is amended 

20 to read as follows: 

21 ‘‘§ 2228. Military equipment and infrastructure: pre22 vention and mitigation of corrosion’’. 

23 (G) The heading of section 2438 is amended 

24 to read as follows: 


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1 ‘‘§ 2438. Developmental test and evaluation; systems 

2 engineering: designation of responsible of3 ficials; joint guidance’’. 

4 (2) CLERICAL AMENDMENTS.—Title 10, United 

5 States Code, is further amended as follows: 

6 (A) The table of sections at the beginning of 

7 chapter 4 is amended— 

8 (i) by inserting after the item relating 

9 to section 132 the following new item: 

‘‘132a. Deputy Chief Management Officer.’’; 

10 (ii) by striking the items relating to 

11 sections 133a, 134a, and 136a; 

12 (iii) by amending the item relating to 

13 section 137a to read as follows: 

‘‘137a. Principal Deputy Under Secretaries of Defense.’’; 

14 (iv) by inserting after the item relating 

15 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 

16 (v) by striking the items relating to 

17 sections 139a, 139b, 139c, 139d, 142, and 

18 144. 


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1 (B) The item relating to section 2228 in the 

2 table of sections at the beginning of chapter 131 

3 is amended to read as follows: 

‘‘2228. Military equipment and infrastructure: prevention and mitigation of corrosion.’’. 

4 (C) The table of sections at the beginning of 

5 chapter 144 is amended by inserting after the 

6 item relating to section 2437 the following new 

7 items: 

‘‘2438. Developmental test and evaluation; systems engineering: designation of responsible officials; joint guidance. 

‘‘2438a. Performance assessments and root cause analyses.’’. 

8 (D) The table of sections at the beginning of 

9 subchapter II of chapter 148 is amended by in10 serting after the item relating to section 2507 the 

11 following new item: 

‘‘2508. Director of Small Business Programs.’’. 

12 (m) EXECUTIVE SCHEDULE AMENDMENTS.—Chapter 

13 53 of title 5, United States Code, is amended as follows: 

14 (1) NUMBER OF ASSISTANT SECRETARY OF DE15 FENSE POSITIONS.—Section 5315 is amended by 

16 striking ‘‘Assistant Secretaries of Defense (12)’’ and 

17 inserting ‘‘Assistant Secretaries of Defense (17)’’. 

18 (2) POSITIONS REDESIGNATED AS ASSISTANT

19 SECRETARY POSITIONS.— 

20 (A) Section 5315 is further amended— 


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1 (i) by striking ‘‘Director of Cost Assess2 ment and Program Evaluation, Department 

3 of Defense.’’; and 

4 (ii) by striking ‘‘Director of Defense 

5 Research and Engineering.’’. 

6 (B) Section 5316 is amended by striking 

7 ‘‘Assistant to the Secretary of Defense for Nu8 clear and Chemical and Biological Defense Pro9 grams.’’. 

10 (3) AMENDMENTS TO DELETE REFERENCES TO

11 POSITIONS IN SENIOR EXECUTIVE SERVICE.—Section 

12 5316 is further amended— 

13 (A) by striking ‘‘Director, Defense Advanced 

14 Research Projects Agency, Department of De15 fense.’’; 

16 (B) by striking ‘‘Deputy General Counsel, 

17 Department of Defense.’’; 

18 (C) by striking ‘‘Deputy Under Secretaries 

19 of Defense for Research and Engineering, De20 partment of Defense (4).’’; and 

21 (D) by striking ‘‘Special Assistant to the 

22 Secretary of Defense.’’. 

23 (n) REFERENCES IN OTHER LAWS, ETC.—Any ref24 erence in any provision or law other than title 10, United 

25 States Code, or in any rule, regulation, or other paper of 


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1 the United States, to any of the offices of the Department 

2 of Defense redesignated by subsection (a) shall be treated 

3 as referring to that office as so redesignated. 

4 (o) EFFECTIVE DATE.—The provisions of this section 

5 and the amendments made by this section shall take effect 

6 on January 1, 2011, or on such earlier date for any of such 

7 provisions as may be prescribed by the Secretary of Defense. 

8 If the Secretary prescribes an earlier date for any of those 

9 provisions or amendments, the Secretary shall notify Con10 gress in writing in advance of such date. 

11 SEC. 903. UNIFIED MEDICAL COMMAND. 

12 (a) ASSISTANT SECRETARY OF DEFENSE.—Section 

13 138(b) of title 10, United States Code, as amended by sec14 tion 902, is further amended by adding at the end the fol15 lowing new paragraph: 

16 ‘‘(12) One of the Assistant Secretaries is the As17 sistant Secretary of Defense for Health Affairs. In ad18 dition to any duties and powers prescribed under 

19 paragraph (1), the principal duty of the Assistant 

20 Secretary of Defense for Health Affairs is the overall 

21 supervision (including oversight of policy and re22 sources) of all health affairs and medical activities of 

23 the Department of Defense. The Assistant Secretary of 

24 Defense for Health Affairs is the principal civilian 

25 adviser to the Secretary of Defense on health affairs 


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1 and medical matters and, after the Secretary and 

2 Deputy Secretary, is the principal health affairs and 

3 medical official within the senior management of the 

4 Department of Defense.’’. 

5 (b) UNIFIED COMBATANT COMMAND.— 

6 (1) IN GENERAL.—Chapter 6 of such title is 

7 amended by inserting after section 167a the following 

8 new section: 

9 ‘‘§ 167b. Unified combatant command for medical op10 erations 

11 ‘‘(a) ESTABLISHMENT.—With the advice and assist12 ance of the Chairman of the Joint Chiefs of Staff, the Presi13 dent, through the Secretary of Defense, may establish under 

14 section 161 of this title a unified command for medical op15 erations (hereinafter in this section referred to as the ‘uni16 fied medical command’). The principal function of the com17 mand is to provide medical services to the armed forces and 

18 other health care beneficiaries of the Department of Defense 

19 as defined in chapter 55 of this title. 

20 ‘‘(b) ASSIGNMENT OF FORCES.—In establishing the 

21 unified medical command under subsection (a), all active 

22 military medical treatment facilities, training organiza23 tions, and research entities of the armed forces shall be as24 signed to such unified command, unless otherwise directed 

25 by the Secretary of Defense. 


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1 ‘‘(c) GRADE OF COMMANDER.—The commander of the 

2 unified medical command shall hold the grade of general 

3 or, in the case of an officer of the Navy, admiral while serv4 ing in that position, without vacating his permanent grade. 

5 The commander of such command shall be appointed to that 

6 grade by the President, by and with the advice and consent 

7 of the Senate, for service in that position. The commander 

8 of such command shall be a member of a health profession 

9 described in paragraph (1), (2), (3), (4), (5), or (6) of sec10 tion 335(j) of title 37. During the five-year period begin11 ning on the date on which the Secretary establishes the com12 mand under subsection (a), the commander of such com13 mand shall be exempt from the requirements of section 

14 164(a)(1) of this title. 

15 ‘‘(d) SUBORDINATE COMMANDS.—(1) The unified med16 ical command shall have the following subordinate com17 mands: 

18 ‘‘(A) A command that includes all fixed military 

19 medical treatment facilities, including elements of the 

20 Department of Defense that are combined, operated 

21 jointly, or otherwise operated in such a manner that 

22 a medical facility of the Department of Defense is op23 erating in or with a medical facility of another de24 partment or agency of the United States. 


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1 ‘‘(B) A command that includes all medical 

2 training, education, and research and development 

3 activities that have previously been unified or com4 bined, including organizations that have been des5 ignated as a Department of Defense executive agent. 

6 ‘‘(C) The Defense Health Agency established 

7 under subsection (f). 

8 ‘‘(2) The commander of a subordinate command of the 

9 unified medical command shall hold the grade of lieutenant 

10 general or, in the case of an officer of the Navy, vice admiral 

11 while serving in that position, without vacating his perma12 nent grade. The commander of such a subordinate command 

13 shall be appointed to that grade by the President, by and 

14 with the advice and consent of the Senate, for service in 

15 that position. The commander of such a subordinate com16 mand shall also be required to be a surgeon general of one 

17 of the military departments. 

18 ‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) In 

19 addition to the authority prescribed in section 164(c) of this 

20 title, the commander of the unified medical command shall 

21 be responsible for, and shall have the authority to conduct, 

22 all affairs of such command relating to medical operations 

23 activities. 

24 ‘‘(2) The commander of such command shall be respon25 sible for, and shall have the authority to conduct, the folVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 lowing functions relating to medical operations activities 

2 (whether or not relating to the unified medical command): 

3 ‘‘(A) Developing programs and doctrine. 

4 ‘‘(B) Preparing and submitting to the Secretary 

5 of Defense program recommendations and budget pro6 posals for the forces described in subsection (b) and 

7 for other forces assigned to the unified medical com8 mand. 

9 ‘‘(C) Exercising authority, direction, and control 

10 over the expenditure of funds— 

11 ‘‘(i) for forces assigned to the unified med12 ical command; 

13 ‘‘(ii) for the forces described in subsection 

14 (b) assigned to unified combatant commands 

15 other than the unified medical command to the 

16 extent directed by the Secretary of Defense; and 

17 ‘‘(iii) for military construction funds of the 

18 Defense Health Program. 

19 ‘‘(D) Training assigned forces. 

20 ‘‘(E) Conducting specialized courses of instruc21 tion for commissioned and noncommissioned officers. 

22 ‘‘(F) Validating requirements. 

23 ‘‘(G) Establishing priorities for requirements. 

24 ‘‘(H) Ensuring the interoperability of equipment 

25 and forces. 


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1 ‘‘(I) Monitoring the promotions, assignments, re2 tention, training, and professional military education 

3 of medical officers described in paragraph (1), (2), 

4 (3), (4), (5), or (6) of section 335(j) of title 37. 

5 ‘‘(3) The commander of such command shall be respon6 sible for the Defense Health Program, including the Defense 

7 Health Program Account established under section 1100 of 

8 this title. 

9 ‘‘(f) DEFENSE HEALTH AGENCY.—(1) In establishing 

10 the unified medical command under subsection (a), the Sec11 retary shall also establish under section 191 of this title a 

12 defense agency for health care (in this section referred to 

13 as the ‘Defense Health Agency’), and shall transfer to such 

14 agency the organization of the Department of Defense re15 ferred to as the TRICARE Management Activity and all 

16 functions of the TRICARE Program (as defined in section 

17 1072(7)). 

18 ‘‘(2) The director of the Defense Health Agency shall 

19 hold the rank of lieutenant general or, in the case of an 

20 officer of the Navy, vice admiral while serving in that posi21 tion, without vacating his permanent grade. The director 

22 of such agency shall be appointed to that grade by the Presi23 dent, by and with the advice and consent of the Senate, 

24 for service in that position. The director of such agency 

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1 graph (1), (2), (3), (4), (5), or (6) of section 335(j) of title 

2 37. 

3 ‘‘(g) REGULATIONS.—In establishing the unified med4 ical command under subsection (a), the Secretary of Defense 

5 shall prescribe regulations for the activities of the unified 

6 medical command.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such chapter is amended by 

9 inserting after the item relating to section 167a the 

10 following new item: 

‘‘167b. Unified combatant command for medical operations.’’. 

11 (c) PLAN, NOTIFICATION, AND REPORT.— 

12 (1) PLAN.—Not later than March 31, 2011, the 

13 Secretary of Defense shall submit to the congressional 

14 defense committees a comprehensive plan to establish 

15 the unified medical command authorized under sec16 tion 167b of title 10, United States Code, as added by 

17 subsection (b), including any legislative actions the 

18 Secretary considers necessary to implement the plan. 

19 (2) NOTIFICATION.—The Secretary shall submit 

20 to the congressional defense committees written notifi21 cation of the decision of the Secretary to establish the 

22 unified medical command under such section 167b by 

23 not later than the date that is 30 days before estab24 lishing such command. 


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1 (3) REPORT.—Not later than 180 days after sub2 mitting the notification under paragraph (2), the Sec3 retary shall submit to the congressional defense com4 mittees a report on— 

5 (A) the establishment of the unified medical 

6 command; and 

7 (B) the establishment of the Defense Health 

8 Agency under subsection (f) of such section 167b. 

9 Subtitle B—Space Activities 

10 SEC. 911. INTEGRATED SPACE ARCHITECTURES. 

11 The Secretary of Defense and the Director of National 

12 Intelligence shall jointly establish the capability to conduct 

13 integrated national security space architecture planning, 

14 development, coordination, and analysis that— 

15 (1) encompasses defense and intelligence space 

16 plans, programs, budgets, and organizations; 

17 (2) provides mid-term to long-term recommenda18 tions to guide space-related defense and intelligence 

19 acquisitions, requirements, and investment decisions; 

20 (3) is independent of the space architecture plan21 ning, development, coordination, and analysis activi22 ties of each military department and each element of 

23 the intelligence community (as defined in section 3(4) 

24 of the National Security Act of 1947 (50 U.S.C. 

25 401a(4))); and 


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1 (4) makes use of, to the maximum extent prac2 ticable, joint duty assignment positions (as defined in 

3 section 668). 

4 Subtitle C—Intelligence-Related 

5 Matters 

6 SEC. 921. 5-YEAR EXTENSION OF AUTHORITY FOR SEC7 RETARY OF DEFENSE TO ENGAGE IN COM8 MERCIAL ACTIVITIES AS SECURITY FOR IN9 TELLIGENCE COLLECTION ACTIVITIES. 

10 The second sentence of section 431(a) of title 10, 

11 United States Code, is amended by striking ‘‘December 31, 

12 2010’’ and inserting ‘‘December 31, 2015’’. 

13 SEC. 922. SPACE AND COUNTERSPACE INTELLIGENCE 

14 ANALYSIS. 

15 (a) DESIGNATION OF LEAD INTEGRATOR.— 

16 (1) DESIGNATION.— 

17 (A) IN GENERAL.—The Director of the De18 fense Intelligence Agency shall designate a lead 

19 integrator for foreign space and counterspace de20 fense intelligence analysis. 

21 (B) INITIAL DESIGNATION.—Not later than 

22 30 days after the date of the enactment of this 

23 Act, the Director of the Defense Intelligence 

24 Agency shall designate an initial lead integrator 

25 under subparagraph (A). 


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1 (2) NOTICE.—Not later than 30 days after the 

2 date on which the Director of the Defense Intelligence 

3 Agency designates a lead integrator under paragraph 

4 (1)(A), or removes the designation of lead integrator 

5 from an individual or organization previously des6 ignated under paragraph (1)(A), the Director shall 

7 notify the congressional defense committees, the Per8 manent Select Committee on Intelligence of the House 

9 of Representatives, and the Select Committee on Intel10 ligence of the Senate of the designation of such lead 

11 integrator or the removal of such designation. 

12 (b) AUTHORITY TO CONDUCT ORIGINAL ANALYSIS.— 

13 The Director of the Defense Intelligence Agency shall au14 thorize a lead integrator designated under subsection 

15 (a)(1)(A) to conduct original intelligence analysis and pro16 duction within the areas of responsibility of such lead inte17 grator. 

18 (c) DEFINITIONS.—In this section: 

19 (1) LEAD INTEGRATOR.—The term ‘‘lead inte20 grator’’ means, with respect to a particular subject 

21 matter, an individual or organization with primary 

22 responsibility for the review, coordination, and inte23 gration of defense intelligence analysis and produc24 tion related to such subject matter to— 


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1 (A) ensure the development of coherent as2 sessments and intelligence products; and 

3 (B) manage and consolidate defense intel4 ligence tasking. 

5 (2) ORIGINAL INTELLIGENCE ANALYSIS.—The 

6 term ‘‘original intelligence analysis’’ means the devel7 opment of knowledge and creation of intelligence ma8 terials based on raw data and intelligence reporting. 

9 Subtitle D—Other Matters 

10 SEC. 931. REVISIONS TO THE BOARD OF REGENTS FOR THE 

11 UNIFORMED SERVICES UNIVERSITY OF THE 

12 HEALTH SCIENCES. 

13 Subsection (b) of section 2113a of title 10, United 

14 States Code, is amended— 

15 (1) by redesignating paragraphs (2), (3), and (4) 

16 as paragraphs (3), (4), and (5), respectively; and 

17 (2) by inserting after paragraph (1) the fol18 lowing new paragraph: 

19 ‘‘(2) four persons, of which the chairmen and 

20 ranking members of the Committees on Armed Serv21 ices of the Senate and House of Representatives may 

22 each appoint one person, respectively;’’. 


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1 SEC. 932. INCREASED FLEXIBILITY FOR COMBATANT COM2 MANDER INITIATIVE FUND. 

3 (a) IN GENERAL.—Section 166a(e)(1) of title 10, 

4 United States Code, is amended— 

5 (1) in subparagraph (B), by striking ‘‘and’’ at 

6 the end; 

7 (2) in subparagraph (C), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(D) not more than $10,000,000 may be used for 

11 research, development, test and evaluation activities.’’. 

12 (b) APPLICABILITY.—The amendments made by this 

13 section shall not apply with respect to funds appropriated 

14 for a fiscal year before fiscal year 2011. 

15 SEC. 933. TWO-YEAR EXTENSION OF AUTHORITIES RELAT16 ING TO TEMPORARY WAIVER OF REIMBURSE17 MENT OF COSTS OF ACTIVITIES FOR NON18 GOVERNMENTAL PERSONNEL AT DEPART19 MENT OF DEFENSE REGIONAL CENTERS FOR 

20 SECURITY STUDIES. 

21 (a) EXTENSION OF WAIVER.—Paragraph (1) of section 

22 941(b) of the Duncan Hunter National Defense Authoriza23 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 

24 Stat. 4577; 10 U.S.C. 184 note) is amended by striking ‘‘fis25 cal years 2009 and 2010’’ and inserting ‘‘fiscal years 2009 

26 through 2012’’. 


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1 (b) ANNUAL REPORT.—Paragraph (3) of such section 

2 is amended by striking ‘‘in 2010 and 2011’’ and inserting 

3 ‘‘in each year through 2013’’. 

4 SEC. 934. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL 

5 ROLES AND MISSIONS REVIEW IN 2011. 

6 (a) ADDITIONAL ACTIVITIES CONSIDERED.—As part of 

7 the quadrennial roles and missions review conducted in 

8 2011 pursuant to section 118b of title 10, United States 

9 Code, the Secretary of Defense shall give consideration to 

10 the following activities, giving particular attention to their 

11 role in counter-terrorism operations: 

12 (1) Information operations. 

13 (2) Strategic communications. 

14 (3) Detention and interrogation. 

15 (b) ADDITIONAL REPORT REQUIREMENT.—In the re16 port required by section 118b(d) of such title for such review 

17 in 2011, the Secretary of Defense shall— 

18 (1) provide clear guidance on the nature and ex19 tent of which core competencies are associated with 

20 the activities listed in subsection (a); and 

21 (2) identify the elements of the Department of 

22 Defense that are responsible or should be responsible 

23 for providing such core competencies. 


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1 SEC. 935. CODIFICATION OF CONGRESSIONAL NOTIFICA2 TION REQUIREMENT BEFORE PERMANENT 

3 RELOCATION OF ANY UNITED STATES MILI4 TARY UNIT STATIONED OUTSIDE THE UNITED 

5 STATES. 

6 (a) CODIFICATION AND RELATED REPORT.—Chapter 

7 6 of title 10, United States Code, is amended by inserting 

8 after section 162 the following new section: 

9 ‘‘§ 162a. Congressional notification before permanent 

10 relocation of military units stationed out11 side the United States 

12 ‘‘(a) NOTIFICATION REQUIREMENT.—The Secretary of 

13 Defense shall notify Congress at least 30 days before the 

14 permanent relocation of a unit stationed outside the United 

15 States. 

16 ‘‘(b) ELEMENTS OF NOTIFICATION.—The notification 

17 required by subsection (a) shall include a description of the 

18 following: 

19 ‘‘(1) How relocation of the unit supports the 

20 United States national security strategy. 

21 ‘‘(2) Whether the relocation of the unit will have 

22 an impact on any security commitments undertaken 

23 by the United States pursuant to any international 

24 security treaty, including the North Atlantic Treaty, 

25 the Treaty of Mutual Cooperation and Security be26 tween the United States and Japan, and the Security 


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1 Treaty Between Australia, New Zealand, and the 

2 United States of America. 

3 ‘‘(3) How relocation of the unit addresses the 

4 current security environment in the affected geo5 graphic combatant command’s area of responsibility, 

6 including United States participation in theater secu7 rity cooperation activities and bilateral partnership, 

8 exchanges, and training exercises. 

9 ‘‘(4) How relocation of the unit impacts the sta10 tus of overseas base closure and realignment actions 

11 undertaken as part of a global defense posture re12 alignment strategy and the status of development and 

13 execution of comprehensive master plans for overseas 

14 military main operating bases, forward operating 

15 sites, and cooperative security locations of the global 

16 defense posture of the United States. 

17 ‘‘(c) EXCEPTIONS.—Subsection (a) does not apply in 

18 the case of— 

19 ‘‘(1) the relocation of a unit deployed to a com20 bat zone; or 

21 ‘‘(2) the relocation of a unit as the result of clo22 sure of an overseas installation at the request of the 

23 government of the host nation in the manner provided 

24 in the agreement between the United States and the 

25 host nation regarding the installation. 


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

2 ‘‘(1) COMBAT ZONE.—The term ‘combat zone’ has 

3 the meaning given that term in section 112(c)(2) of 

4 the Internal Revenue Code of 1986. 

5 ‘‘(2) GEOGRAPHIC COMBATANT COMMAND.—The 

6 term ‘geographic combatant command’ means a com7 batant command with a geographic area of responsi8 bility that does not include North America. 

9 ‘‘(3) UNIT.—The term ‘unit’ has the meaning de10 termined by the Secretary of Defense for purposes of 

11 this section.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of such chapter is amended by inserting after 

14 the item relating to section 162 the following new item: 

‘‘162a. Congressional notification before permanent relocation of military units 

stationed outside the United States.’’. 

15 (c) REPEAL OF SUPERCEDED NOTIFICATION REQUIRE16 MENT.—Section 1063 of the National Defense Authorization 

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

18 2469; 10 U.S.C. 113 note) is repealed. 

19 TITLE X—GENERAL PROVISIONS 

20 Subtitle A—Financial Matters 

21 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

22 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

23 (1) AUTHORITY.—Upon determination by the 

24 Secretary of Defense that such action is necessary in 


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1 the national interest, the Secretary may transfer 

2 amounts of authorizations made available to the De3 partment of Defense in this division for fiscal year 

4 2011 between any such authorizations for that fiscal 

5 year (or any subdivisions thereof). Amounts of au6 thorizations so transferred shall be merged with and 

7 be available for the same purposes as the authoriza8 tion to which transferred. 

9 (2) LIMITATION.—Except as provided in para10 graph (3), the total amount of authorizations that the 

11 Secretary may transfer under the authority of this 

12 section may not exceed $3,500,000,000. 

13 (3) EXCEPTION FOR TRANSFERS BETWEEN MILI14 TARY PERSONNEL AUTHORIZATIONS.—A transfer of 

15 funds between military personnel authorizations 

16 under title IV shall not be counted toward the dollar 

17 limitation in paragraph (2). 

18 (b) LIMITATIONS.—The authority provided by this sec19 tion to transfer authorizations— 

20 (1) may only be used to provide authority for 

21 items that have a higher priority than the items from 

22 which authority is transferred; and 

23 (2) may not be used to provide authority for an 

24 item that has been denied authorization by Congress. 


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1 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans2 fer made from one account to another under the authority 

3 of this section shall be deemed to increase the amount au4 thorized for the account to which the amount is transferred 

5 by an amount equal to the amount transferred. 

6 (d) NOTICE TO CONGRESS.—The Secretary shall 

7 promptly notify Congress of each transfer made under sub8 section (a). 

9 SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIA10 TIONS FOR OPERATIONS IN AFGHANISTAN, 

11 IRAQ, AND HAITI FOR FISCAL YEAR 2010. 

12 In addition to the amounts otherwise authorized to be 

13 appropriated by this division, the amounts authorized to 

14 be appropriated for fiscal year 2010 in title XV of the Na15 tional Defense Authorization Act for Fiscal Year 2010 (Pub16 lic Law 111–84) are hereby increased, with respect to any 

17 such authorized amount, as follows: 

18 (1) The amounts provided in sections 1502 

19 through 1507 of such Act for the following procure20 ment accounts are increased as follows: 

21 (A) For aircraft procurement, Army, by 

22 $182,170,000. 

23 (B) For weapons and tracked combat vehi24 cles procurement, Army, by $3,000,000. 


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1 (C) For ammunition procurement, Army, 

2 by $17,055,000. 

3 (D) For other procurement, Army, by 

4 $1,997,918,000. 

5 (E) For the Joint Improvised Explosive De6 vice Defeat Fund, by $400,000,000. 

7 (F) For aircraft procurement, Navy, by 

8 $104,693,000. 

9 (G) For other procurement, Navy, by 

10 $15,000,000. 

11 (H) For procurement, Marine Corps, by 

12 $18,927,000. 

13 (I) For aircraft procurement, Air Force, by 

14 $209,766,000. 

15 (J) For ammunition procurement, Air 

16 Force, by $5,000,000. 

17 (K) For other procurement, Air Force, by 

18 $576,895,000. 

19 (L) For the Mine Resistant Ambush Pro20 tected Vehicle Fund, by $1,123,000,000. 

21 (M) For defense-wide activities, by 

22 $189,276,000. 

23 (2) The amounts provided in section 1508 of 

24 such Act for research, development, test, and evalua25 tion are increased as follows: 


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1 (A) For the Army, by $61,962,000. 

2 (B) For the Navy, by $5,360,000. 

3 (C) For the Air Force, by $187,651,000. 

4 (D) For defense-wide activities, by 

5 $22,138,000. 

6 (3) The amounts provided in sections 1509, 

7 1511, 1513, 1514, and 1515 of such Act for operation 

8 and maintenance are increased as follows: 

9 (A) For the Army, by $11,700,965,000. 

10 (B) For the Navy, by $2,428,702,000. 

11 (C) For the Marine Corps, by 

12 $1,090,873,000. 

13 (D) For the Air Force, by $3,845,047,000. 

14 (E) For defense-wide activities, by 

15 $1,188,421,000. 

16 (F) For the Army Reserve, by $67,399,000. 

17 (G) For the Navy Reserve, by $61,842,000. 

18 (H) For the Marine Corps Reserve, by 

19 $674,000. 

20 (I) For the Air Force Reserve, by 

21 $95,819,000. 

22 (J) For the Army National Guard, by 

23 $171,834,000. 

24 (K) For the Air National Guard, by 

25 $161,281,000. 


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1 (L) For the Defense Health Program, by 

2 $33,367,000. 

3 (M) For Drug Interdiction and 

4 Counterdrug Activities, Defense-wide, by 

5 $94,000,000. 

6 (N) For the Afghanistan Security Forces 

7 Fund, by $2,604,000,000. 

8 (O) For the Iraq Security Forces Fund, by 

9 $1,000,000,000. 

10 (P) For Overseas Humanitarian, Disaster 

11 and Civic Aid, by $255,000,000. 

12 (Q) For Overseas Contingency Operations 

13 Transfer Fund, by $350,000,000. 

14 (R) For Working Capital Funds, by 

15 $974,967,000. 

16 (4) The amount provided in section 1512 of such 

17 Act for military personnel accounts is increased by 

18 $1,895,761,000. 

19 SEC. 1003. BUDGETARY EFFECTS OF THIS ACT. 

20 The budgetary effects of this Act, for the purpose of 

21 complying with the Statutory Pay-As-You-Go-Act of 2010, 

22 shall be determined by reference to the latest statement titled 

23 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

24 submitted for printing in the Congressional Record by the 

25 Chairman of the Committee on the Budget of the House of 


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1 Representatives, as long as such statement has been sub2 mitted prior to the vote on passage of this Act. 

3 Subtitle B—Counter-Drug Activities 

4 SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTER5 RORISM CAMPAIGN IN COLOMBIA. 

6 Section 1021 of the Ronald W. Reagan National De7 fense Authorization Act for Fiscal Year 2005 (Public Law 

8 108–375; 118 Stat. 2042), as most recently amended by sec9 tion 1011 of the National Defense Authorization Act for Fis10 cal Year 2010 (Public Law 111–84; 123 Stat. 2441), is fur11 ther amended— 

12 (1) in subsection (a), by striking ‘‘2010’’ and in13 serting ‘‘2011’’; and 

14 (2) in subsection (c), by striking ‘‘2010’’ and in15 serting ‘‘2011’’. 

16 SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW EN17 FORCEMENT AGENCIES CONDUCTING 

18 COUNTERTERRORISM ACTIVITIES. 

19 Section 1022(b) of the National Defense Authorization 

20 Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 

21 371 note), as most recently amended by section 1012 of the 

22 National Defense Authorization Act for Fiscal Year 2010 

23 (Public Law 111–84; 123 Stat. 2441), is further amended 

24 by striking ‘‘2010’’ and inserting ‘‘2011’’. 


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1 SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES 

2 TO SUPPORT FOREIGN COUNTER-DRUG AC3 TIVITIES. 

4 Section 1022(a) of the Floyd D. Spence National De5 fense Authorization Act for Fiscal Year 2001 (as enacted 

6 into law by Public Law 106–398; 114 Stat. 1654A–255), 

7 as most recently amended by section 1013 of the National 

8 Defense Authorization Act for Fiscal Year 2010 (Public 

9 Law 111–84; 123 Stat. 2442), is further amended by strik10 ing ‘‘February 15, 2010’’ and inserting ‘‘February 15, 

11 2011’’. 

12 SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF 

13 CERTAIN FOREIGN GOVERNMENTS. 

14 (a) IN GENERAL.—Subsection (a)(2) section 1033 of 

15 the National Defense Authorization Act for Fiscal Year 

16 1998 (Public Law 105–85; 111 Stat. 1881), as most recently 

17 amended by section 1014(a) of the National Defense Author18 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

19 Stat. 2442), is further amended by striking ‘‘2010’’ and in20 serting ‘‘2011’’. 

21 (b) MAXIMUM AMOUNT OF SUPPORT.—Subsection 

22 (e)(2) of such section is amended by striking ‘‘fiscal years 

23 2009 and 2010’’ and inserting ‘‘fiscal years 2010 and 

24 2011’’. 


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1 Subtitle C—Naval Vessels and 

2 Shipyards 

3 SEC. 1021. REQUIREMENTS FOR LONG-RANGE PLAN FOR 

4 CONSTRUCTION OF NAVAL VESSELS. 

5 (a) IN GENERAL.—Section 231 of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 231. Long-range plan for construction of naval ves8 sels 

9 ‘‘(a) QUADRENNIAL NAVAL VESSEL CONSTRUCTION

10 PLAN.—At the same time that the budget of the President 

11 is submitted under section 1105(a) of title 31 during each 

12 year in which the Secretary of Defense submits a quadren13 nial defense review, the Secretary of the Navy shall submit 

14 to the congressional defense committees a long-range plan 

15 for the construction of combatant and support vessels for 

16 the Navy that supports the force structure recommendations 

17 of the quadrennial defense review. 

18 ‘‘(b) MATTERS INCLUDED.—The plan under subsection 

19 (a) shall include the following: 

20 ‘‘(1) A detailed construction schedule of naval 

21 vessels for the ten-year period beginning on the date 

22 on which the plan is submitted, including a certifi23 cation by the Secretary that the budget for the fiscal 

24 year in which the plan is submitted and the budget 

25 for the future-years defense program submitted under 


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1 section 221 of this title are sufficient for funding such 

2 schedule. 

3 ‘‘(2) A probable construction schedule for the ten4 year period beginning on the date that is 10 years 

5 after the date on which the plan is submitted. 

6 ‘‘(3) A notional construction schedule for the ten7 year period beginning on the date that is 20 years 

8 after the date on which the plan is submitted. 

9 ‘‘(4) The estimated levels of annual funding nec10 essary to carry out the construction schedules under 

11 paragraphs (1), (2), and (3). 

12 ‘‘(5) For the construction schedules under para13 graphs (1) and (2)— 

14 ‘‘(A) a determination by the Director of 

15 Cost Assessment and Program Evaluation of the 

16 level of funding necessary to execute such sched17 ules; and 

18 ‘‘(B) an evaluation by the Director of the 

19 potential risk associated with such schedules, in20 cluding detailed effects on operational plans, 

21 missions, deployment schedules, and fulfillment 

22 of the requirements of the combatant com23 manders. 


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1 ‘‘(c) NAVAL COMPOSITION.—In submitting the plan 

2 under subsection (a), the Secretary shall ensure that such 

3 plan— 

4 ‘‘(1) is in accordance with section 5062(b) of this 

5 title; and 

6 ‘‘(2) phases the construction of new aircraft car7 riers during the periods covered by such plan in a 

8 manner that minimizes the total cost for procurement 

9 for such vessels. 

10 ‘‘(d) ASSESSMENT WHEN BUDGET IS INSUFFI11 CIENT.—If the budget for a fiscal year provides for funding 

12 of the construction of naval vessels at a level that is less 

13 than the level determined necessary by the Director of Cost 

14 Assessment and Program Evaluation under subsection 

15 (b)(5), the Secretary of the Navy shall include with the de16 fense budget materials for that fiscal year an assessment 

17 that describes and discusses the risks associated with the 

18 budget, including the risk associated with a reduced force 

19 structure that may result from funding naval vessel con20 struction at such a level. 

21 ‘‘(e) CBO EVALUATION.—Not later than 60 days after 

22 the date on which the congressional defense committees re23 ceive the plan under subsection (a), the Director of the Con24 gressional Budget Office shall submit to such committees a 

25 report assessing the sufficiency of the construction schedules 


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1 and the estimated levels of annual funding included in such 

2 plan with respect to the budget submitted during the year 

3 in which the plan is submitted and the future-years defense 

4 program submitted under section 221 of this title. 

5 ‘‘(f) CHANGES TO THE CONSTRUCTION PLAN.—In any 

6 year in which a quadrennial defense review is not sub7 mitted, the Secretary of the Navy may not modify the con8 struction schedules submitted in the plan under subsection 

9 (a) unless— 

10 ‘‘(1) the modification is an increase in planned 

11 ship construction; 

12 ‘‘(2) the modification is a realignment of less 

13 than one year of construction start dates in the fu14 ture-years defense plan submitted under section 221 of 

15 this title and the Secretary submits to the congres16 sional defense committees a report on such modifica17 tion, including— 

18 ‘‘(A) the reasons for realignment; 

19 ‘‘(B) any increased cost that will be in20 curred by the Navy because of the realignment; 

21 and 

22 ‘‘(C) an assessment of the effects that the re23 alignment will have on the shipbuilding indus24 trial base, including the secondary supply base; 

25 or 


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1 ‘‘(3) the modification is a decrease in the num2 ber or type of combatant and support vessels of the 

3 Navy and the Secretary submits to the congressional 

4 defense committees a report on such modification, in5 cluding— 

6 ‘‘(A) an addendum to the most recent quad7 rennial defense review that fully explains and 

8 justifies the decrease with respect to the national 

9 security strategy of the United States as set forth 

10 in the most recent national security strategy re11 port of the President under section 108 of the 

12 National Security Act of 1947 (50 U.S.C. 404a); 

13 and 

14 ‘‘(B) a description of the additional reviews 

15 and analyses considered by the Secretary after 

16 the previous quadrennial defense review was sub17 mitted that justify the decrease. 

18 ‘‘(g) DEFINITIONS.—In this section: 

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

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

21 submitted to Congress by the President under section 

22 1105(a) of title 31. 

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

24 respect to a fiscal year, means the materials subVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 mitted to Congress by the Secretary of Defense in sup2 port of the budget for that fiscal year. 

3 ‘‘(3) The term ‘quadrennial defense review’ 

4 means the review of the defense programs and policies 

5 of the United States that is carried out every four 

6 years under section 118 of this title.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of chapter 9 of such title is amended by strik9 ing the item relating to section 231 and inserting the fol10 lowing new item: 

‘‘231. Long-range plan for construction of naval vessels.’’. 

11 SEC. 1022. REQUIREMENTS FOR THE DECOMMISSIONING OF 

12 NAVAL VESSELS. 

13 (a) NOTICE OF DECOMMISSIONING.—The Secretary of 

14 the Navy may not decommission any battle force vessel of 

15 the active fleet of the Navy unless the Secretary provides 

16 to the congressional defense committees written notification 

17 of such decommissioning in accordance with established 

18 procedures. 

19 (b) CONTENT OF NOTIFICATION.—Any notification 

20 provided under subsection (a) shall include each of the fol21 lowing: 

22 (1) The reasons for the proposed decommis23 sioning of the vessel. 

24 (2) An analysis of the effect the decommissioning 

25 would be likely to have on the deployment schedules 


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1 of other vessels in the same class as the vessel pro2 posed to be decommissioned. 

3 (3) A certification from the Chairman of the 

4 Joint Chiefs of Staff that the decommissioning of the 

5 vessel will not adversely affect the requirements of the 

6 combatant commanders to fulfill missions critical to 

7 national security. 

8 (4) Any budgetary implications associated with 

9 retaining the vessel in commission, expressed for each 

10 applicable appropriation account. 

11 SEC. 1023. REQUIREMENTS FOR THE SIZE OF THE NAVY 

12 BATTLE FORCE FLEET. 

13 (a) LIMITATION ON DECOMMISSIONING.—Until the 

14 number of vessels in the battle force fleet of the Navy reaches 

15 313 vessels, the Secretary of the Navy shall not decommis16 sion, in fiscal year 2011 or any subsequent fiscal year, more 

17 than two-thirds of the number of vessels slated for commis18 sioning into the battle force fleet for that fiscal year. 

19 (b) TREATMENT OF SUBMARINES.—For purposes of 

20 subsection (a), submarines of the battle force fleet slated for 

21 decommissioning for any fiscal year shall not count against 

22 the number of vessels the Secretary of the Navy is required 

23 to maintain for that fiscal year. 


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1 SEC. 1024. RETENTION AND STATUS OF CERTAIN NAVAL 

2 VESSELS. 

3 The Secretary of the Navy shall retain the vessels the 

4 U.S.S. Nassau (LHA 4) and the U.S.S. Peleliu (LHA 5), 

5 in a commissioned and operational status, until the deliv6 ery to the Navy of the vessels the U.S.S. America (LHA 

7 6) and the vessel designated as LHA 7, respectively. 

8 Subtitle D—Counterterrorism 

9 SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAK10 ING REWARDS FOR COMBATING TERRORISM. 

11 Section 127b(c)(3)(C) of title 10, United States Code, 

12 is amended by striking ‘‘2010’’ and inserting ‘‘2011’’. 

13 SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE 

14 TRANSFER OR RELEASE OF INDIVIDUALS DE15 TAINED AT UNITED STATES NAVAL STATION, 

16 GUANTANAMO BAY, CUBA. 

17 (a) RELEASES.—During the period beginning on Octo18 ber 1, 2010, and ending on December 31, 2011, the Sec19 retary of Defense may not use any of the amounts author20 ized to be appropriated in this Act or otherwise available 

21 to the Department of Defense to release into the United 

22 States, its territories, or possessions, any individual de23 scribed in subsection (d). 

24 (b) TRANSFERS.—During the period beginning on Oc25 tober 1, 2010, and ending on December 31, 2011, the Sec26 retary of Defense may not use any of the amounts authorVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 ized to be appropriated in this Act or otherwise available 

2 to the Department of Defense to transfer any individual de3 scribed in subsection (d) to the United States, its territories, 

4 or possessions, until 120 days after the President has sub5 mitted to the congressional defense committees the plan de6 scribed in section 1041(c) of the National Defense Author7 ization Act for Fiscal Year 2010 (Public Law 111-84; 123 

8 Stat. 2454). 

9 (c) CONSULTATION REQUIRED.—The President shall 

10 consult with the chief executive of the State, the District 

11 of Columbia, or the territory or possession of the United 

12 States to which the disposition in section 1041(c)(2) of the 

13 National Defense Authorization Act for Fiscal Year 2010 

14 (Public Law 111-81; 123 Stat. 2454) includes transfer to 

15 that State, District of Columbia, or territory or possession. 

16 (d) INDIVIDUALS DESCRIBED.—An individual de17 scribed in this subsection is any individual who is located 

18 at United States Naval Station, Guantanamo Bay, Cuba, 

19 as of October 1, 2009, who— 

20 (1) is not a citizen of the United States or a 

21 member of the Armed Forces of the United States; and 

22 (2) is— 

23 (A) in the custody or under the effective 

24 control of the Department of Defense; or 


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1 (B) otherwise under detention at United 

2 States Naval Station, Guantanamo Bay, Cuba. 

3 SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO 

4 THE TRANSFER OF INDIVIDUALS DETAINED 

5 AT NAVAL STATION, GUANTANAMO BAY, 

6 CUBA, TO FOREIGN COUNTRIES AND OTHER 

7 FOREIGN ENTITIES. 

8 (a) LIMITATION.—The Secretary of Defense may not 

9 use any of the amounts authorized to be appropriated by 

10 this Act or otherwise available to the Department of Defense 

11 to transfer any individual detained at Guantanamo to the 

12 custody or effective control of the individual’s country of 

13 origin, to any other foreign country, or to any other foreign 

14 entity unless the Secretary submits to Congress the certifi15 cation described in subsection (b) by not later than 30 days 

16 before the transfer of the individual. 

17 (b) CERTIFICATION.—The certification described in 

18 this subsection is a written certification made by the Sec19 retary of Defense, with concurrence of the Secretary of 

20 State, that the government of the foreign country or the rec21 ognized leadership of the foreign entity to which the indi22 vidual detained at Guantanamo is to be transferred— 

23 (1) is not a designated state sponsor of terrorism 

24 or a designated foreign terrorist organization; 


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1 (2) maintains effective control over each deten2 tion facility in which an individual is to be detained 

3 if the individual is to be housed in a detention facil4 ity; 

5 (3) is not, as of the date of the certification, fac6 ing a threat that is likely to substantially affect its 

7 ability to exercise control over the individual; 

8 (4) has agreed to take effective steps to ensure 

9 that the individual cannot take action to threaten the 

10 United States, its citizens, or its allies in the future; 

11 (5) has taken such steps as the Secretary deter12 mines are necessary to ensure that the individual 

13 cannot engage or re-engage in any terrorist activity; 

14 and 

15 (6) has agreed to share any information with the 

16 United States that— 

17 (A) is related to the individual or any asso18 ciates of the individual; and 

19 (B) could affect the security of the United 

20 States, its citizens, or its allies. 

21 (c) PROHIBITION AND WAIVER IN CASES OF PRIOR

22 CONFIRMED RECIDIVISM.— 

23 (1) PROHIBITION.—The Secretary of Defense 

24 may not use any amount authorized to be appro25 priated or otherwise made available to the DepartVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 ment of Defense to transfer any individual detained 

2 at Guantanamo to the custody of the individual’s 

3 country of origin, to any other foreign country, or to 

4 any other foreign entity if there is a confirmed case 

5 of any individual who was detained at United States 

6 Naval Station, Guantanamo Bay, Cuba, at any time 

7 after September 11, 2001, who was transferred to the 

8 foreign country or entity and subsequently engaged in 

9 any terrorist activity. 

10 (2) WAIVER.—The Secretary of Defense may 

11 waive the prohibition in paragraph (1) if the Sec12 retary determines that such a transfer is in the na13 tional security interests of the United States and in14 cludes, as part of the certification described in sub15 section (b) relating to such transfer, the determination 

16 of the Secretary under this paragraph. 

17 (d) DEFINITIONS.—For the purposes of this section: 

18 (1) The term ‘‘individual detained at Guanta19 namo’’ means any individual who is located at 

20 United States Naval Station, Guantanamo Bay, 

21 Cuba, as of October 1, 2009, who— 

22 (A) is not a citizen of the United States or 

23 a member of the Armed Forces of the United 

24 States; and 

25 (B) is— 


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1 (i) in the custody or under the effective 

2 control of the Department of Defense; or 

3 (ii) otherwise under detention at 

4 United States Naval Station, Guantanamo 

5 Bay, Cuba 

6 (2) The term ‘‘foreign terrorist organization’’ 

7 means any organization so designated by the Sec8 retary of State under section 219 of the Immigration 

9 and Nationality Act (8 U.S.C. 1189). 

10 SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MODIFY 

11 OR CONSTRUCT FACILITIES IN THE UNITED 

12 STATES TO HOUSE DETAINEES TRANS13 FERRED FROM UNITED STATES NAVAL STA14 TION, GUANTANAMO BAY, CUBA. 

15 (a) IN GENERAL.—None of the funds authorized to be 

16 appropriated by this Act may be used to construct or mod17 ify any facility in the United States, its territories, or pos18 sessions to house any individual described in subsection (c) 

19 for the purposes of detention or imprisonment in the cus20 tody or under the effective control of the Department of De21 fense. 

22 (b) EXCEPTION.—The prohibition in subsection (a) 

23 shall not apply to any modification of facilities at United 

24 States Naval Station, Guantanamo Bay, Cuba. 


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1 (c) INDIVIDUALS DESCRIBED.—An individual de2 scribed in this subsection is any individual who, as of Octo3 ber 1, 2009, is located at United States Naval Station, 

4 Guantanamo Bay, Cuba, and who— 

5 (1) is not a citizen of the United States or a 

6 member of the Armed Forces of the United States; and 

7 (2) is— 

8 (A) in the custody or under the effective 

9 control of the Department of Defense; or 

10 (B) otherwise under detention at United 

11 States Naval Station, Guantanamo Bay, Cuba. 

12 (d) REPORT ON USE OF FACILITIES IN THE UNITED

13 STATES TO HOUSE DETAINEES TRANSFERRED FROM

14 GUANTANAMO.— 

15 (1) REPORT REQUIRED.—Not later than April 1, 

16 2011, the Secretary of Defense shall submit to the con17 gressional defense committees a report, in classified or 

18 unclassified form, on the merits, costs, and risks of 

19 using any proposed facility in the United States, its 

20 territories, or possessions to house any individual de21 scribed in subsection (c) for the purposes of detention 

22 or imprisonment in the custody or under the effective 

23 control of the Department of Defense. 


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1 (2) ELEMENTS OF THE REPORT.—The report re2 quired in paragraph (1) shall include each of the fol3 lowing: 

4 (A) A discussion of the merits associated 

5 with any such proposed facility that would jus6 tify— 

7 (i) using the facility instead of the fa8 cility at United States Naval Station, 

9 Guantanamo Bay, Cuba; and 

10 (ii) the proposed facility’s contribution 

11 to effecting a comprehensive policy for con12 tinuing military detention operations. 

13 (B) The rationale for selecting the specific 

14 site for any such proposed facility, including de15 tails for the processes and criteria used for iden16 tifying the merits described in subparagraph (A) 

17 and for selecting the proposed site over reason18 able alternative sites. 

19 (C) A discussion of any potential risks to 

20 any community in the vicinity of any such pro21 posed facility, the measures that could be taken 

22 to mitigate such risks, and the likely cost to the 

23 Department of Defense of implementing such 

24 measures. 


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1 (D) A discussion of any necessary modifica2 tions to any such proposed facility to ensure that 

3 any detainee transferred from Guantanamo Bay 

4 to such facility could not come into contact with 

5 any other individual, including any other person 

6 detained at such facility, that is not approved 

7 for such contact by the Department of Defense, 

8 and an assessment of the likely costs of such 

9 modifications. 

10 (E) A discussion of any support at the site 

11 of any such proposed facility that would likely be 

12 provided by the Department of Defense, includ13 ing the types of support, the number of personnel 

14 required for each such type, and an estimate of 

15 the cost of such support. 

16 (F) A discussion of any support, other than 

17 support provided at a proposed facility, that 

18 would likely be provided by the Department of 

19 Defense for the operation of any such proposed 

20 facility, including the types of possible support, 

21 the number of personnel required for each such 

22 type, and an estimate of the cost of such support. 

23 (G) A discussion of the legal issues, in the 

24 judgment of the Secretary of Defense, that could 

25 be raised as a result of detaining or imprisoning 


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1 any individual described in subsection (c) at any 

2 such proposed facility that could not be raised 

3 while such individual is detained or imprisoned 

4 at United States Naval Station, Guantanamo 

5 Bay, Cuba. 

6 SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTEC7 TION POLICIES. 

8 (a) COMPREHENSIVE REVIEW REQUIRED.—The Sec9 retary of Defense shall conduct a comprehensive review of 

10 Department of Defense policies, regulations, instructions, 

11 and directives pertaining to force protection within the De12 partment. 

13 (b) MATTERS COVERED.—The review required under 

14 subsection (a) shall include an assessment of each of the 

15 following: 

16 (1) Information sharing practices across the De17 partment of Defense, and among the State, local, and 

18 Federal partners of the Department of Defense. 

19 (2) Antiterrorism and force protection standards 

20 relating to standoff distances for buildings. 

21 (3) Protective standards relating to chemical, bi22 ological, radiological, nuclear, and high explosives 

23 threats. 

24 (4) Standards relating to access to Department 

25 bases. 


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1 (5) Standards for identity management within 

2 the Department, including such standards for identity 

3 cards and biometric identifications systems. 

4 (6) Procedures for validating and approving in5 dividuals with regular or episodic access to military 

6 installations, including military personnel, civilian 

7 employees, contractors, family members of personnel, 

8 and other types of visitors. 

9 (7) Procedures for sharing with appropriate De10 partment of Defense officials— 

11 (A) information from the intelligence or law 

12 enforcement community regarding possible con13 tacts with terrorists or terrorist groups, criminal 

14 organizations, or other state and non-state for15 eign entities actively working to undermine the 

16 security interests of the United States; and 

17 (B) personnel records or other derogatory 

18 information regarding potentially suspicious ac19 tivities. 

20 (8) Any legislative changes recommended for im21 plementing the recommendations contained in the re22 view. 

23 (c) INTERIM REPORT.—Not later than March 1, 2011, 

24 the Secretary of Defense shall submit an interim report on 

25 the comprehensive report required under subsection (a). 


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1 (d) FINAL REPORT.—Not later than June 1, 2011, the 

2 Secretary of Defense shall submit to the Committees on 

3 Armed Services of the Senate and House of Representatives 

4 a final report on the comprehensive review required under 

5 subsection (a). The final report shall include such findings 

6 and recommendations as the Secretary considers appro7 priate based on the review, including recommended actions 

8 to be taken to implement the specific recommendations in 

9 the final report. The final report shall be submitted in an 

10 unclassified format, but may include a classified annex. 

11 SEC. 1036. FORT HOOD FOLLOW-ON REVIEW IMPLEMENTA12 TION FUND. 

13 (a) ESTABLISHMENT OF FUND.—Of the amounts au14 thorized to be appropriated under section 301(5), the Sec15 retary of Defense shall deposit $100,000,000 into a fund to 

16 be known as the ‘‘Fort Hood Follow-on Review Implementa17 tion Fund’’. Amounts deposited in the Fund shall be avail18 able to the Secretary to address the recommendations con19 tained in the review known as the ‘‘Fort Hood Follow-on 

20 Review’’. 

21 (b) TRANSFER AUTHORITY.— 

22 (1) TRANSFERS AUTHORIZED.—Amounts in the 

23 Fort Hood Follow-on Review Implementation Fund 

24 may be transferred to any of the following accounts 

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1 pose of addressing any of the recommendations con2 tained the Fort Hood Follow-on Review: 

3 (A) Military personnel accounts. 

4 (B) Operation and maintenance accounts. 

5 (C) Procurement accounts. 

6 (D) Research, development, test, and evalua7 tion accounts. 

8 (E) Defense working capital funds. 

9 (F) Defense Health Program accounts. 

10 (2) ADDITIONAL TRANSFER AUTHORITY.—The 

11 transfer authority provided by paragraph (1) is in 

12 addition to any other transfer authority available to 

13 the Department of Defense. 

14 (3) TRANSFERS BACK TO THE FUND.—Upon the 

15 Secretary’s determination that all or part of the funds 

16 transferred from the Fort Hood Follow-on Review Im17 plementation Fund under paragraph (1) are not nec18 essary for the purpose for which such funds were 

19 transferred, such funds may be transferred back to the 

20 Fund. 

21 (4) PRIOR NOTICE TO CONGRESSIONAL COMMIT22 TEES.— 

23 (A) OBLIGATIONS.—No amount may be ob24 ligated from the Fort Hood Follow-on Review 

25 Implementation Fund until 30 days after the 


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1 date on which the Secretary of Defense notifies 

2 the congressional defense committees, in writing, 

3 of the details of the proposed obligation. 

4 (B) TRANSFERS.—No amount may be 

5 transferred under paragraph (1) until 45 days 

6 after the date on which the Secretary of Defense 

7 notifies the congressional defense committees, in 

8 writing, of the details of the proposed transfer. 

9 (5) EFFECT ON AUTHORIZATION AMOUNTS.—A 

10 transfer to any account under paragraph (1) shall be 

11 deemed to increase the amount authorized to be ap12 propriated for such account for fiscal year 2011 by an 

13 amount equal to the amount so transferred. 

14 (c) QUARTERLY OBLIGATION AND EXPENDITURE RE15 PORTS.—Not later than 15 days after the end of each fiscal 

16 quarter of fiscal year 2011, the Secretary of Defense shall 

17 submit to the congressional defense committees a report on 

18 the Fort Hood Follow-on Review Implementation Fund. 

19 Such reports shall include explanations of the monthly com20 mitments, obligations, and expenditures of such Fund, ex21 pressed by line of action, for the fiscal quarter covered by 

22 the report. 


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1 SEC. 1037. INSPECTOR GENERAL INVESTIGATION OF THE 

2 CONDUCT AND PRACTICES OF LAWYERS REP3 RESENTING INDIVIDUALS DETAINED AT 

4 NAVAL STATION, GUANTANAMO BAY, CUBA. 

5 (a) IN GENERAL.—The Inspector General of the De6 partment of Defense shall conduct an investigation of the 

7 conduct and practices of lawyers described in subsection (c). 

8 In conducting such investigation, the Inspector General 

9 shall— 

10 (1) identify any conduct or practice of such a 

11 lawyer that has— 

12 (A) interfered with the operations of the De13 partment of Defense at Naval Station, Guanta14 namo Bay, Cuba, relating to individuals de15 scribed in subsection (d); 

16 (B) violated any applicable policy of the 

17 Department; 

18 (C) violated any law within the exclusive 

19 investigative jurisdiction of the Inspector Gen20 eral of the Department of Defense; or 

21 (D) generated any material risk to a mem22 ber of the Armed Forces of the United States; 

23 (2) identify any actions taken by the Depart24 ment to address any conduct or practice identified in 

25 paragraph (1); and 


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1 (3) determine whether any such conduct or prac2 tice undermines the operations of the Department re3 lating to such individuals. 

4 (b) LIMITATION.—The Inspector General of the De5 partment of Defense shall initiate the investigation de6 scribed in subsection (a) 30 days or later after the date of 

7 the enactment of this Act, unless— 

8 (1) the Secretary of Defense and the Attorney 

9 General determine that the investigation described in 

10 subsection (a) cannot be performed without inter11 fering with, or otherwise compromising, any related 

12 criminal investigation, prosecution, or other legal 

13 proceeding; and 

14 (2) the Secretary of Defense and the Attorney 

15 General submit such determination to Congress. 

16 (c) LAWYERS DESCRIBED.—The lawyers described in 

17 this subsection are military and non-military lawyers— 

18 (1) who represent individuals described in sub19 section (d) in proceedings relating to petitions for ha20 beas corpus or in military commissions; and 

21 (2) for whom there is reasonable suspicion that 

22 they have engaged in conduct or practices described in 

23 subsection (a)(1). 

24 (d) INDIVIDUALS DESCRIBED.—An individual de25 scribed in this subsection is any individual who is located, 


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1 or who has been located at any time on or after September 

2 11, 2001, at United States Naval Station, Guantanamo 

3 Bay, Cuba, and who— 

4 (1) is not a citizen of the United States or a 

5 member of the Armed Forces of the United States; and 

6 (2) is or was— 

7 (A) in the custody or under the effective 

8 control of the Department of Defense; or 

9 (B) otherwise under detention at the United 

10 States Naval Station, Guantanamo Bay, Cuba. 

11 (e) REPORT.—Not later than 90 days after the date 

12 of the completion of an investigation under subsection (a), 

13 the Inspector General shall submit to the Committees on 

14 Armed Services of the Senate and House of Representatives 

15 a report describing the results of such investigation. 

16 (f) RULE OF CONSTRUCTION.—Nothing in this section 

17 shall be construed as authorizing— 

18 (1) the public disclosure of information that is— 

19 (A) specifically prohibited from disclosure 

20 by any other provision of law; 

21 (B) specifically required by Executive Order 

22 to be protected from disclosure in the interest of 

23 national defense or national security; or 

24 (C) a part of an ongoing criminal inves25 tigation; or 


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1 (2) the Inspector General of the Department of 

2 Defense to investigate any matter that is solely within 

3 the investigative jurisdiction of another Federal offi4 cial or entity. 

5 Subtitle E—Studies and Reports 

6 SEC. 1041. DEPARTMENT OF DEFENSE AEROSPACE-RE7 LATED MISHAP SAFETY INVESTIGATION RE8 PORTS. 

9 (a) PROVISION OF BRIEFINGS.—Not later than 30 

10 days after the submittal of a written request by the chair11 man and ranking member of any of the congressional de12 fense committees, the Secretary of a military department 

13 shall provide to that committee a briefing on the privileged 

14 findings, causal factors, and recommendations contained in 

15 a specific Department of Defense aerospace-related mishap 

16 safety investigation report. 

17 (b) BRIEFING ATTENDANCE.—A briefing provided 

18 under subsection (a) may be attended only by the following 

19 individuals: 

20 (1) The chairman of the congressional defense 

21 committee for which the briefing is provided. 

22 (2) The ranking member of that committee. 

23 (3) The chairmen and ranking members of any 

24 subcommittees of that committee that the committee 

25 chairman and ranking member jointly designate as 


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1 having jurisdiction over information contained in the 

2 briefing. 

3 (4) Not more than four professional staff mem4 bers designated jointly by the chairman and ranking 

5 member of the committee. 

6 (c) AVAILABILITY OF REPORTS.—During a briefing 

7 provided under subsection (a), two copies of the privileged 

8 version of the mishap safety investigation report that is the 

9 subject of the briefing shall be made available for review 

10 by each of the individuals who attend the briefing pursuant 

11 to subsection (b). Each copy of the report shall be returned 

12 to the Department of Defense at the conclusion of the brief13 ing. 

14 (d) DEPARTMENT OF DEFENSE AEROSPACE-RELATED

15 MISHAP REPORTING REQUIREMENT.—The chairperson who 

16 is appointed by the Secretary of a military department for 

17 the purpose of conducting an aerospace-related mishap safe18 ty board investigation, shall include as an addendum in 

19 the privileged safety report a discussion— 

20 (1) comparing and contrasting all of the find21 ings, causal factors, and recommendations contained 

22 in the non-privileged, publicly-released version of the 

23 aerospace-related mishap investigation report; 

24 (2) describing how such findings, causal factors, 

25 and recommendations differ from the findings, causal 


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1 factors, and recommendations contained in the privi2 leged version of the safety report; and 

3 (3) the rationale that justifies any such dif4 ferences. 

5 SEC. 1042. INTERAGENCY NATIONAL SECURITY KNOWL6 EDGE AND SKILLS. 

7 (a) STUDY REQUIRED.— 

8 (1) SELECTION OF INDEPENDENT STUDY ORGANI9 ZATION.—Not later than 60 days after the date of the 

10 enactment of this Act, the Secretary of Defense shall 

11 select and enter into an agreement with an appro12 priate independent, nonprofit organization to conduct 

13 a study of the matters described in subsection (b). 

14 (2) QUALIFICATIONS OF ORGANIZATION SE15 LECTED.—The organization selected shall be qualified 

16 on the basis of having performed related prior work 

17 in the fields of national security and human capital 

18 development, and on the basis of such other criteria 

19 as the Secretary of Defense may determine. 

20 (b) MATTERS TO BE COVERED.—The study required 

21 by subsection (a) shall assess the current state of inter22 agency national security knowledge and skills in Depart23 ment of Defense civilian and military personnel, and make 

24 recommendations for strengthening such knowledge and 


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1 skills. At minimum, the study shall include assessments and 

2 recommendations on— 

3 (1) interagency national security training, edu4 cation, and rotational assignment opportunities 

5 available to civilians and military personnel; 

6 (2) integration of interagency national security 

7 education into the professional military education 

8 system; 

9 (3) level of interagency national security knowl10 edge and skills possessed by personnel currently serv11 ing in civilian executive and general or flag officer 

12 positions, as represented by the interagency edu13 cation, training, and professional experiences they 

14 have undertaken; 

15 (4) incentives that enable and encourage mili16 tary and civilian personnel to undertake interagency 

17 assignment, education, and training opportunities, as 

18 well as disincentives and obstacles that discourage un19 dertaking such opportunities; and 

20 (5) any plans or current efforts to improve the 

21 interagency national security knowledge and skills of 

22 civilian and military personnel. 

23 (c) REPORT.—Not later than December 1, 2011, the 

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1 fense committees a report containing the findings and rec2 ommendations from the study required by subsection (a). 

3 (d) DEFINITION.—In this section, the term ‘‘inter4 agency national security knowledge and skills’’ means an 

5 understanding of, and the ability to efficiently and expedi6 tiously work within, the structures, mechanisms, and proc7 esses by which the departments, agencies, and elements of 

8 the Federal Government that have national security mis9 sions coordinate and integrate their policies, capabilities, 

10 budgets, expertise, and activities to accomplish such mis11 sions. 

12 SEC. 1043. REPORT ON ESTABLISHING A NORTHEAST RE13 GIONAL JOINT TRAINING CENTER. 

14 (a) REPORT REQUIRED.—Not later than 90 days after 

15 the date of the enactment of this Act, the Secretary of De16 fense shall submit to the congressional defense committees 

17 a report on the need for the establishment of a Northeast 

18 Regional Joint Training Center. 

19 (b) CONTENTS OF REPORT.—The report required 

20 under subsection (a) shall include each of the following: 

21 (1) A list of facilities in the Northeastern United 

22 States at which, as of the date of the enactment of this 

23 Act, the Department of Defense has deployed or has 

24 committed to deploying a joint training experimen25 tation network. 


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1 (2) The extent to which such facilities have suffi2 cient unused capacity and expertise to accommodate 

3 and fully utilize a permanent joint training experi4 mentation node. 

5 (3) A list of potential locations for the regional 

6 center discussed in the report. 

7 (c) CONSIDERATIONS WITH RESPECT TO LOCATION.— 

8 In determining potential locations for the regional center 

9 of excellence to be discussed in the report required under 

10 subsection (a), the Secretary of Defense shall take into con11 sideration Department of Defense facilities that have— 

12 (1) a workforce of skilled personnel; 

13 (2) live, virtual, and constructive training capa14 bilities, and the ability to digitally connect them and 

15 the associated battle command structure at the tac16 tical and operational levels; 

17 (3) an extensive deployment history in Oper18 ation Enduring Freedom and Operation Iraqi Free19 dom; 

20 (4) a location in the Northeastern United States; 

21 (5) an existing and permanent joint training 

22 and experimentation network node; 

23 (6) the capacity or potential capacity to accom24 modate a target training audience of up to 4000 ad25 ditional personnel; and 


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1 (7) the capability to accommodate the training 

2 of current and future Army and Air Force unmanned 

3 aircraft systems. 

4 SEC. 1044. COMPTROLLER GENERAL REPORT ON PRE5 VIOUSLY REQUESTED REPORTS. 

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

7 2011, the Comptroller General of the United States shall 

8 submit to the Committee on Armed Services of the Senate 

9 and the Committee on Armed Services of the House of Rep10 resentatives a report evaluating the sufficiency, adequacy, 

11 and conclusions of following reports: 

12 (1) The report on Air Force fighter force short13 falls, as required by the report of the House of Rep14 resentatives numbered 111–166, which accompanied 

15 the National Defense Authorization Act for Fiscal 

16 Year 2010 (Public Law 111–84). 

17 (2) The report on procurement of 4.5 generation 

18 fighters, as required by section 131 of the National 

19 Defense Authorization Act for Fiscal Year 2010 (Pub20 lic Law 111–84; 123 Stat. 2218). 

21 (3) The report on combat air forces restruc22 turing, as required by the report of the House of Rep23 resentatives numbered 111–288, which accompanied 

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1 ization Act for Fiscal Year 2010 (Public Law 111– 

2 84). 

3 (b) MATTERS COVERED BY REPORT.—The report re4 quired by subsection (a) shall examine the potential costs 

5 and benefits of each of the following: 

6 (1) The service life extension program costs to 

7 sustain the legacy fighter fleet to meet inventory re8 quirements with an emphasis on the service life exten9 sion program compared to other options such as pro10 curement of 4.5 generation fighters. 

11 (2) The Falcon Structural Augmentation Road12 map of F–16s, with emphasis on the cost-benefit of 

13 such effort and the effect of such efforts on the service 

14 life of the airframes. 

15 (3) Any additional programs designed to extend 

16 the service life of legacy fighter aircraft. 

17 (c) PROHIBITION.—No fighter aircraft may be retired 

18 from the Air Force or the Air National Guard inventory 

19 in fiscal year 2011 until 180 days after the receipt by the 

20 Committee on Armed Services of the Senate and the Com21 mittee on Armed Services of the House of Representatives 

22 of the report required under subsection (a). 

23 SEC. 1045. REPORT ON NUCLEAR TRIAD. 

24 (a) REPORT.—Not later than March 1, 2011, the Sec25 retary of Defense, in consultation with the Administrator 


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1 for Nuclear Security, shall submit to the congressional de2 fense committees a report on the nuclear triad. 

3 (b) MATTERS INCLUDED.—The report under subsection 

4 (a) shall include the following: 

5 (1) A detailed discussion of the modernization 

6 and sustainment plans for each component of the nu7 clear triad over the 20-year period beginning on the 

8 date of the report. 

9 (2) The funding required for each platform of the 

10 nuclear triad with respect to operations and mainte11 nance, modernization, and replacement. 

12 (3) Any industrial capacities that the Secretary 

13 considers vital to ensure the viability of the nuclear 

14 triad. 

15 (c) NUCLEAR TRIAD DEFINED.—In this section, the 

16 term ‘‘nuclear triad’’ means the nuclear deterrent capabili17 ties of the United States composed of ballistic missile sub18 marines, land-based missiles, and strategic bombers. 

19 SEC. 1046. CYBERSECURITY STUDY AND REPORT. 

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

21 that— 

22 (1) cybersecurity is one of the most serious na23 tional security challenges facing the United States; 

24 and 


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1 (2) it is critical that the Department of Defense 

2 develop technological solutions that ensure the secu3 rity and freedom of action of the Department while 

4 operating in the cyber domain. 

5 (b) STUDY.—The Secretary of Defense shall conduct a 

6 study assessing— 

7 (1) the current use of, and potential applications 

8 of, modeling and simulation tools to identify likely 

9 cybersecurity methodologies and vulnerabilities within 

10 the Department of Defense. 

11 (2) the application of modeling and simulation 

12 technology to develop strategies and programs to deter 

13 hostile or malicious activity intended to compromise 

14 Department of Defense information systems. 

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

16 Secretary of Defense shall submit to the Committees on 

17 Armed Services of the House of Representatives and the 

18 Senate a report containing the results of the study con19 ducted under subsection (b), including recommendations on 

20 possible options for increasing the use of simulation tools 

21 to further strengthen the cybersecurity environment of the 

22 Department of Defense. 

23 (d) FORM.—The report required under subsection (c) 

24 shall be submitted in unclassified form, but may include 

25 a classified annex. 


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1 Subtitle F—Other Matters 

2 SEC. 1051. NATIONAL DEFENSE PANEL. 

3 Subsection (f) of section 118 of title 10, United States 

4 Code, is amended to read as follows: 

5 ‘‘(f) NATIONAL DEFENSE PANEL.— 

6 ‘‘(1) ESTABLISHMENT.—Not later than February 

7 1 of a year in which a quadrennial defense review is 

8 conducted under this section, there shall be established 

9 a bipartisan, independent panel to be known as the 

10 National Defense Panel (in this section referred to as 

11 the ‘Panel’). The Panel shall have the duties set forth 

12 in this subsection. 

13 ‘‘(2) MEMBERSHIP.—The Panel shall be com14 posed of ten members who are recognized experts in 

15 matters relating to the national security of the United 

16 States. Eight of the members shall be appointed as 

17 follows: 

18 ‘‘(A) Two by the chairman of the Committee 

19 on Armed Services of the House of Representa20 tives. 

21 ‘‘(B) Two by the chairman of the Committee 

22 on Armed Services of the Senate. 

23 ‘‘(C) Two by the ranking member of the 

24 Committee on Armed Services of the House of 

25 Representatives. 


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1 ‘‘(D) Two by the ranking member of the 

2 Committee on Armed Services of the Senate. 

3 ‘‘(3) CO-CHAIRS OF THE PANEL.—In addition to 

4 the members appointed under paragraph (2), the Sec5 retary of Defense shall appoint two members, one 

6 from each of the major political parties, to serve as 

7 co-chairs of the panel. 

8 ‘‘(4) PERIOD OF APPOINTMENT; VACANCIES.— 

9 Members shall be appointed for the life of the Panel. 

10 Any vacancy in the Panel shall be filled in the same 

11 manner as the original appointment. 

12 ‘‘(5) DUTIES.—The Panel shall have the fol13 lowing duties with respect to a quadrennial defense 

14 review: 

15 ‘‘(A) Not later than March 1 of a year in 

16 which the review is conducted, the Panel shall 

17 submit to the Secretary of Defense a report that 

18 sets the parameters and provide guidance to the 

19 Secretary on the conduct of the review. The re20 port of the Panel under this subparagraph shall, 

21 at a minimum, include such guidance as is nec22 essary to ensure that the review is conducted in 

23 a manner that provides for adequately address24 ing all elements listed in subsection (d). 


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1 ‘‘(B) While the review is being conducted, 

2 the Panel shall review the updates from the Sec3 retary of Defense required under paragraph (8) 

4 on the conduct of the review. 

5 ‘‘(C) The Panel shall— 

6 ‘‘(i) review the Secretary of Defense’s 

7 terms of reference and any other materials 

8 providing the basis for, or substantial in9 puts to, the work of the Department of De10 fense on the quadrennial defense review; 

11 ‘‘(ii) conduct an assessment of the as12 sumptions, strategy, findings, and risks of 

13 the report on the quadrennial defense review 

14 required in subsection (d), with particular 

15 attention paid to the risks described in that 

16 report; 

17 ‘‘(iii) conduct an independent assess18 ment of a variety of possible force structures 

19 of the armed forces, including the force 

20 structure identified in the report on the 

21 quadrennial defense review required in sub22 section (d); 

23 ‘‘(iv) review the resource requirements 

24 identified pursuant to subsection (b)(3) and, 

25 to the extent practicable, make a general 


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1 comparison to the resource requirements to 

2 support the forces contemplated under the 

3 force structures assessed under subpara4 graph (C); and 

5 ‘‘(v) provide to Congress and the Sec6 retary of Defense, through the report under 

7 paragraph (7), any recommendations it 

8 considers appropriate for their consider9 ation. 

10 ‘‘(6) FIRST MEETING.—If the Secretary of De11 fense has not made the Secretary’s appointments to 

12 the Panel under paragraph (3) by February 1 of a 

13 year in which a quadrennial defense review is con14 ducted under this section, the Panel shall convene for 

15 its first meeting with the remaining members. 

16 ‘‘(7) REPORT.—Not later than three months after 

17 the date on which the report on a quadrennial defense 

18 review is submitted under subsection (d) to the con19 gressional committees named in that subsection, the 

20 Panel established under paragraph (1) shall submit to 

21 those committees an assessment of the quadrennial de22 fense review, including a description of the items ad23 dressed under paragraph (5) with respect to that 

24 quadrennial defense review. 


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1 ‘‘(8) UPDATES FROM SECRETARY OF DEFENSE.— 

2 The Secretary of Defense shall periodically, but not 

3 less often than every 30 days, brief the Panel on the 

4 progress of the conduct of a quadrennial defense re5 view under subsection (a). 

6 ‘‘(9) ADMINISTRATIVE PROVISIONS.— 

7 ‘‘(A) The Panel may secure directly from 

8 the Department of Defense and any of its compo9 nents such information as the Panel considers 

10 necessary to carry out its duties under this sub11 section. The head of the department or agency 

12 concerned shall ensure that information re13 quested by the Panel under this paragraph is 

14 promptly provided. 

15 ‘‘(B) Upon the request of the co-chairs of the 

16 Panel, the Secretary of Defense shall make avail17 able to the Panel the services of any federally 

18 funded research and development center that is 

19 covered by a sponsoring agreement of the Depart20 ment of Defense. 

21 ‘‘(C) The Panel shall have the authorities 

22 provided in section 3161 of title 5, United States 

23 Code, and shall be subject to the conditions set 

24 forth in such section. 


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1 ‘‘(D) Funds for activities of the Panel shall 

2 be provided from amounts available to the De3 partment of Defense. 

4 ‘‘(10) TERMINATION.—The Panel for a quadren5 nial defense review shall terminate 45 days after the 

6 date on which the Panel submits its final report on 

7 the quadrennial defense review under paragraph 

8 (7).’’. 

9 SEC. 1052. QUADRENNIAL DEFENSE REVIEW. 

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

11 that the quadrennial defense review is a critical strategic 

12 document and should be based upon a process uncon13 strained by budgetary influences so that such influences do 

14 not determine or limit its outcome. 

15 (b) RELATIONSHIP OF QUADRENNIAL DEFENSE RE16 VIEW TO DEFENSE BUDGET.—Paragraph (4) of section 

17 118(b) of title 10, United States Code, is amended to read 

18 as follows: 

19 ‘‘(4) to make recommendations that will not be 

20 influenced, constrained, or informed by the budget 

21 submitted to Congress by the President pursuant to 

22 section 1105 of title 31.’’. 


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1 SEC. 1053. SALE OF SURPLUS MILITARY EQUIPMENT TO 

2 STATE AND LOCAL HOMELAND SECURITY 

3 AND EMERGENCY MANAGEMENT AGENCIES. 

4 (a) STATE AND LOCAL AGENCIES TO WHICH SALES

5 MAY BE MADE.—Section 2576 of title 10, United States 

6 Code, is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘local law enforcement and 

9 firefighting’’ and inserting ‘‘local law enforce10 ment, firefighting, homeland security, and emer11 gency management’’; and 

12 (B) by striking ‘‘carrying out law enforce13 ment and firefighting activities’’ and inserting 

14 ‘‘carrying out law enforcement, firefighting, 

15 homeland security, and emergency management 

16 activities’’; and 

17 (2) in subsection (b), by striking ‘‘law enforce18 ment or firefighting’’ both places it appears and in19 serting ‘‘law enforcement, firefighting, homeland secu20 rity, or emergency management’’. 

21 (b) TYPES OF EQUIPMENT THAT MAY BE SOLD.— 

22 Subsection (a) of such section, as amended by subsection 

23 (a) of this section, is further amended by striking ‘‘and pro24 tective body armor’’ and inserting ‘‘personal protective 

25 equipment, and other appropriate equipment’’. 

26 (c) CLERICAL AMENDMENTS.— 


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1 (1) SECTION HEADING.—The heading of such sec2 tion is amended to read as follows: 

3 ‘‘§ 2576. Surplus military equipment: sale to State and 

4 local law enforcement, firefighting, home5 land security, and emergency manage6 ment agencies’’. 

7 (2) TABLE OF SECTIONS.—The item relating to 

8 such section in the table of sections at the beginning 

9 of chapter 153 of such title is amended to read as fol10 lows: 

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

11 SEC. 1054. DEPARTMENT OF DEFENSE RAPID INNOVATION 

12 PROGRAM. 

13 (a) PROGRAM ESTABLISHED.—The Secretary of De14 fense shall establish a program to accelerate the fielding of 

15 innovative technologies developed using Department of De16 fense research funding and the commercialization of such 

17 technologies. Not later than 180 days after the date of the 

18 enactment of this Act, the Secretary shall issue guidelines 

19 for the operation of the program, including— 

20 (1) criteria for an application for funding by a 

21 military department, defense agency, or the unified 

22 combatant command for special operations forces; 

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1 priate requirements for technology development or 

2 commercialization to be supported using program 

3 funds; 

4 (3) the priorities, if any, to be provided to field 

5 or commercialize technologies developed by certain 

6 types of Department of Defense research funding; and 

7 (4) criteria for evaluation of an application for 

8 funding by a department, agency, or command. 

9 (b) APPLICATIONS FOR FUNDING.— 

10 (1) IN GENERAL.—Under the program, the Sec11 retary shall, not less often than annually, solicit from 

12 the heads of the military departments, the defense 

13 agencies, and the unified combatant command for 

14 special operations forces applications for funding to 

15 be used to enter into contracts, cooperative agree16 ments, or other transaction agreements entered into 

17 pursuant to section 845 of the National Defense Au18 thorization Act for Fiscal Year 1994 (Public Law 

19 103-160; 107 Stat. 1721; 10 U.S.C. 2371 note) with 

20 appropriate entities for the fielding or commercializa21 tion of technologies. 

22 (2) TREATMENT PURSUANT TO CERTAIN CON23 GRESSIONAL RULES.—Nothing in this section shall be 

24 interpreted to require any official of the Department 

25 of Defense to provide funding under this section to 


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1 any earmark as defined pursuant to House Rule XXI, 

2 clause 9, or any congressionally directed spending 

3 item as defined pursuant to Senate Rule XLIV, para4 graph 5. 

5 (c) FUNDING.—Subject to the availability of appro6 priations for such purpose, of the amounts authorized to 

7 be appropriated for research, development, test, and evalua8 tion, defense-wide for each of fiscal years 2011 through 

9 2015, not more than $500,000,000 may be used for any such 

10 fiscal year for the program established under subsection (a). 

11 (d) TRANSFER AUTHORITY.—The Secretary may 

12 transfer funds available for the program to the research, de13 velopment, test, and evaluation accounts of a military de14 partment, defense agency, or the unified combatant com15 mand for special operations forces pursuant to an applica16 tion, or any part of an application, that the Secretary de17 termines would support the purposes of the program. The 

18 transfer authority provided in this subsection is in addition 

19 to any other transfer authority available to the Department 

20 of Defense. 

21 (e) DELEGATION OF MANAGEMENT OF PROGRAM.—The 

22 Secretary may delegate the management and operation of 

23 the program established under subsection (a) to the Assist24 ant Secretary of Defense for Research and Engineering. 


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1 (f) REPORT.—Not later than 60 days after the last day 

2 of a fiscal year during which the Secretary carries out a 

3 program under this section, the Secretary shall submit a 

4 report to the congressional defense committees providing a 

5 detailed description of the operation of the program during 

6 such fiscal year. 

7 (g) TERMINATION.—The authority to carry out a pro8 gram under this section shall terminate on September 30, 

9 2015. Any amounts made available for the program that 

10 remain available for obligation on the date the program ter11 minates may be transferred under subsection (d) during the 

12 180-day period beginning on the date of the termination 

13 of the program. 

14 SEC. 1055. TECHNICAL AND CLERICAL AMENDMENTS. 

15 (a) TITLE 5, UNITED STATES CODE.—Subsection 

16 (l)(2)(B) of section 8344 of title 5, United States Code, as 

17 added by section 1122(a) of the National Defense Authoriza18 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

19 Stat. 2505), is amended by striking ‘‘5201 et seq.’’ and in20 serting ‘‘5211 et seq.’’. 

21 (b) TITLE 10, UNITED STATES CODE.—Title 10, 

22 United States Code, is amended as follows: 

23 (1) Section 127d(d)(1) is amended by striking 

24 ‘‘Committee on International Relations’’ and insert25 ing ‘‘Committee on Foreign Affairs’’. 


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1 (2) Section 132 is amended— 

2 (A) by redesignating subsection (d), as 

3 added by section 2831(a) of the National Defense 

4 Authorization Act for Fiscal Year 2010 (Public 

5 Law 111–84; 123 Stat. 2669), as subsection (e); 

6 and 

7 (B) in such subsection, by striking ‘‘Guam 

8 Executive Council’’ and inserting ‘‘Guam Over9 sight Council’’. 

10 (3)(A) Section 382 is amended by striking ‘‘sec11 tion 175 or 2332c’’ in subsections (a), (b)(2)(C), and 

12 (d)(2)(A)(ii) and inserting ‘‘section 175, 229, or 

13 2332a’’. 

14 (B) The heading of such section is amended by 

15 striking ‘‘chemical or biological’’. 

16 (C) The table of sections at the beginning of 

17 chapter 18 is amended by striking the item relating 

18 to section 382 and inserting the following new item: 

‘‘382. Emergency situations involving weapons of mass destruction.’’. 

19 (4) Section 1175a(j)(3) is amended by striking 

20 ‘‘title 10’’ and inserting ‘‘this title’’. 

21 (5) Section 1781b(d) is amended by striking 

22 ‘‘March 1, 2008, and each year thereafter’’ and insert23 ing ‘‘March 1 each year’’. 

24 (6) Section 1781c(h)(1) is amended by striking 

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1 tional Defense Authorization Act for Fiscal Year 

2 2010, and annually thereafter’’ and inserting ‘‘April 

3 30 each year’’. 

4 (7) Section 2130a(b)(1) is amended by striking 

5 ‘‘Training Program’’ both places it appears and in6 serting ‘‘Training Corps program’’. 

7 (8) Section 2222(a) is amended by striking ‘‘Ef8 fective October 1, 2005, funds’’ and inserting 

9 ‘‘Funds’’. 

10 (9) The table of sections at the beginning of sub11 chapter I of chapter 134, as amended by section 

12 1031(a)(2) of the National Defense Authorization Act 

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

14 2448), is amended by transferring the item relating 

15 to section 2241a from the end of the table of sections 

16 to appear after the item relating to section 2241. 

17 (10) Section 2362(e)(1) is amended by striking 

18 ‘‘IV’’ and inserting ‘‘V’’. 

19 (11) Section 2533a(d) is amended in paragraphs 

20 (1) and (4) by striking ‘‘(b)(1)(A), (b)(2), or (b)(3)’’ 

21 and inserting ‘‘(b)(1)(A) or (b)(2)’’. 

22 (12) Section 2642(a)(3) is amended by striking 

23 ‘‘During the five-year period beginning on the date of 

24 the enactment of the National Defense Authorization 

25 Act for Fiscal Year 2010’’ and inserting ‘‘During the 


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1 period beginning on October 28, 2009, and ending on 

2 October 28, 2014’’. 

3 (13) Section 2667(e)(1)(A)(ii) is amended by 

4 striking ‘‘sections 2668 and 2669’’ and inserting ‘‘sec5 tion 2668’’. 

6 (14) Section 2684a(g)(1) is amended by striking 

7 ‘‘March 1, 2007, and annually thereafter’’ and insert8 ing ‘‘March 1 each year’’. 

9 (15) Section 2687a(a) is amended by striking 

10 ‘‘31for’’ and inserting ‘‘31 for’’. 

11 (16) Section 2922d is amended by striking ‘‘1 or 

12 more’’ each place it appears and inserting ‘‘one or 

13 more’’. 

14 (17) Section 10216 is amended by striking ‘‘sec15 tion 115(c)’’ in subsections (b)(1), (c)(1), and 

16 (c)(2)(A) and inserting ‘‘section 115(d)’’. 

17 (18) Section 10217(c)(1) is amended— 

18 (A) by striking ‘‘Effective October 1, 2007, 

19 the’’ and inserting ‘‘The’’; and 

20 (B) by striking ‘‘after the preceding sentence 

21 takes effect’’. 

22 (19) Section 12203(a) is amended by striking 

23 ‘‘above’’ in the first sentence and inserting ‘‘of’’. 

24 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR

25 FISCAL YEAR 2010.—Effective as of October 28, 2009, and 


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1 as if included therein as enacted, the National Defense Au2 thorization Act for Fiscal Year 2010 (Public Law 111–84) 

3 is amended as follows: 

4 (1) Section 325(d)(4) (123 Stat. 2254) is amend5 ed by striking ‘‘section 236’’ and inserting ‘‘section 

6 235’’. 

7 (2) Section 581(a)(1)(C) (123 Stat. 2326) is 

8 amended by striking ‘‘subsection (f)’’ and inserting 

9 ‘‘subsection (g), as redesignated by section 582(b)(1)’’. 

10 (3) Section 584(a) (123 Stat. 2330) is amended 

11 by striking ‘‘such Act’’ and inserting ‘‘the Uniformed 

12 and Overseas Citizens Absentee Voting Act’’. 

13 (4) Section 585(b)(1) (123 Stat. 2331) is amend14 ed by striking subparagraphs (A) and (B), and in15 serting the following new subparagraphs: 

16 ‘‘(A) in paragraph (2), by striking ‘section 

17 102(4)’ and inserting ‘section 102(a)(4)’; and 

18 ‘‘(B) by striking paragraph (4) and insert19 ing the following new paragraph: 

20 ‘‘ ‘(4) prescribe a suggested design for absentee 

21 ballot mailing envelopes;’; and 

22 (5) Section 589 (123 Stat. 2334; 42 U.S.C. 

23 1973ff–7) is amended— 

24 (A) in subsection (a)(1)— 


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1 (i) by striking ‘‘section 107(a)’’ and 

2 inserting ‘‘section 107(1)’’; and 

3 (ii) by striking ‘‘1973ff et seq.’’ and in4 serting ‘‘1973ff–6(1)’’; and 

5 (B) in subsection (e)(1), by striking ‘‘1977ff 

6 note’’ and inserting ‘‘1973ff note’’. 

7 (6) The undesignated section immediately fol8 lowing section 603 (123 Stat. 2350) is designated as 

9 section 604. 

10 (7) Section 714(c) (123 Stat. 2382; 10 U.S.C. 

11 1071 note) is amended— 

12 (A) by striking ‘‘feasability’’ both places it 

13 appears and inserting ‘‘feasibility’’; and 

14 (B) by striking ‘‘specialities’’ both places it 

15 appears and inserting ‘‘specialties’’. 

16 (8) Section 813(a)(3) is amended by inserting 

17 ‘‘order’’ after ‘‘task’’ in the matter proposed to be 

18 struck. 

19 (9) Section 921(b)(2) (123 Stat. 2432) is amend20 ed by inserting ‘‘subchapter I of’’ before ‘‘chapter 21’’. 

21 (10) Section 1014(c) (123 Stat. 2442) is amend22 ed by striking ‘‘in which the support’’ and inserting 

23 ‘‘in which support’’. 


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1 (11) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 

2 2353 note) is amended by striking ‘‘et 13 seq.’’ and 

3 inserting ‘‘et seq.’’. 

4 (12) Section 1055(f) (123 Stat. 2462) is amend5 ed by striking ‘‘Combating’’ and inserting ‘‘Combat6 ting’’. 

7 (13) Section 1063(d)(2) (123 Stat. 2470) is 

8 amended by striking ‘‘For purposes of this section, 

9 the’’ and inserting ‘‘The’’. 

10 (14) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 

11 801 note) is amended— 

12 (A) by striking ‘‘title 14’’ and inserting 

13 ‘‘title XIV’’; 

14 (B) by striking ‘‘title 10’’ and inserting 

15 ‘‘title X’’; and 

16 (C) by striking ‘‘the Military Commissions 

17 Act of 2006 (10 U.S.C. 948 et seq.; Public Law 

18 109–366)’’ and inserting ‘‘chapter 47A of title 

19 10, United States Code’’. 

20 (15) Section 1111(b) (123 Stat. 2495; 10 U.S.C. 

21 1580 note prec.) is amended by striking ‘‘the Sec22 retary’’ in the first sentence and inserting ‘‘the Sec23 retary of Defense’’. 

24 (16) Section 1113(g)(1) (123 Stat. 2502; 5 

25 U.S.C. 9902 note) is amended by inserting ‘‘United 


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1 States Code,’’ after ‘‘title 5,’’ the first place it ap2 pears. 

3 (17) Section 1121 (123 Stat. 2505) is amend4 ed— 

5 (A) in subsection (a)— 

6 (i) by striking ‘‘Section 9902(h)’’ and 

7 inserting ‘‘Section 9902(g)’’; and 

8 (ii) by inserting ‘‘as redesignated by 

9 section 1113(b)(1)(B),’’ after ‘‘Code,’’; and 

10 (B) in subsection (b), by striking ‘‘section 

11 9902(h)’’ and inserting ‘‘section 9902(g)’’. 

12 (18) Section 1261 (123 Stat. 2553; 22 U.S.C. 

13 6201 note) is amended by inserting a space between 

14 the first short title and ‘‘or’’. 

15 (19) Section 1306(b) (123 Stat. 2560) is amend16 ed by striking ‘‘fiscal year’’ and inserting ‘‘Fiscal 

17 Year’’. 

18 (20) Subsection (b) of section 1803 (123 Stat. 

19 2612) is amended to read as follows: 

20 ‘‘(b) APPELLATE REVIEW UNDER DETAINEE TREAT21 MENT ACT OF 2005.— 

22 ‘‘(1) DEPARTMENT OF DEFENSE, EMERGENCY

23 SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HUR24 RICANES IN THE GULF OF MEXICO, AND PANDEMIC IN25 FLUENZA ACT, 2006.—Section 1005(e) of the Detainee 


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1 Treatment Act of 2005 (title X of Public Law 109– 

2 148; 10 U.S.C. 801 note) is amended by striking 

3 paragraph (3). 

4 ‘‘(2) NATIONAL DEFENSE AUTHORIZATION ACT

5 FOR FISCAL YEAR 2006.—Section 1405(e) of the De6 tainee Treatment Act of 2005 (Public Law 109-163; 

7 10 U.S.C. 801 note) is amended by striking para8 graph (3).’’. 

9 (21) Section 1916(b)(1)(B) (123 Stat. 2624) is 

10 amended by striking the comma after ‘‘5941’’. 

11 (22) Section 2804(d)(2) (123 Stat. 2662) is 

12 amended by inserting ‘‘subchapter III of’’ before 

13 ‘‘chapter 169’’. 

14 (23) Section 2835(f)(1) (123 Stat. 2677) is 

15 amended by striking ‘‘publically-available’’ and in16 serting ‘‘publicly available’’. 

17 (24) Section 3503(b)(1) (123 Stat. 2719) is 

18 amended by striking the extra quotation marks. 

19 (25) Section 3508(1) (123 Stat. 2721) is amend20 ed by striking ‘‘headline’’ and inserting ‘‘heading’’. 

21 (d) DUNCAN HUNTER NATIONAL DEFENSE AUTHOR22 IZATION ACT FOR FISCAL YEAR 2009.— 

23 (1) Section 596(b)(1)(D) of the Duncan Hunter 

24 National Defense Authorization Act for Fiscal Year 

25 2009 (Public Law 110–417; 10 U.S.C. 1071 note), as 


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1 amended by section 594 of the National Defense Au2 thorization Act for Fiscal Year 2010 (Public Law 

3 111–84; 123 Stat. 2337), is amended by striking ‘‘or 

4 flag’’ the second place it appears. 

5 (2) Section 1111(b) of the Duncan Hunter Na6 tional Defense Authorization Act for Fiscal Year 2009 

7 (Public Law 110–417; 10 U.S.C. 143 note), as 

8 amended by section 1109 of the National Defense Au9 thorization Act for Fiscal Year 2010 (Public Law 

10 111–84; 123 Stat. 2492), is amended— 

11 (A) in the matter preceding paragraph (1), 

12 by striking ‘‘secretary of a military department’’ 

13 and inserting ‘‘Secretary of a military depart14 ment’’; 

15 (B) in paragraph (1)— 

16 (i) by striking ‘‘the the requirements’’ 

17 and inserting ‘‘the requirements’’; and 

18 (ii) by striking ‘‘this title’’ and insert19 ing ‘‘such title’’; and 

20 (C) in paragraph (2), by striking ‘‘any any 

21 of the following’’ and inserting ‘‘any of the fol22 lowing’’. 

23 (e) WEAPON SYSTEMS ACQUISITION REFORM ACT OF

24 2009.—Effective as of May 22, 2009, and as if included 


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1 therein as enacted, the Weapon Systems Acquisition Reform 

2 Act of 2009 (Public Law 111–23) is amended as follows: 

3 (1) Section 205(a)(1)(B) (123 Stat. 1724) is 

4 amended in the matter proposed to be inserted by 

5 striking ‘‘paragraphs (1) and (2)’’ and inserting 

6 ‘‘paragraphs (1), (2), and (3)’’. 

7 (2) Section 205(c) (124 Stat. 1725) is amended 

8 by striking ‘‘2433a(c)(3)’’ and inserting 

9 ‘‘2433a(c)(1)(C)’’. 

10 (f) TECHNICAL CORRECTION REGARDING SBIR EX11 TENSION.—Section 9(m)(2) of the Small Business Act (15 

12 U.S.C. 638(m)(2)), as added by section 847(a) of the Na13 tional Defense Authorization Act for Fiscal Year 2010 (Pub14 lic Law 111–84; 123 Stat. 2420), is amended by striking 

15 ‘‘is authorized’’ and inserting ‘‘are authorized’’. 

16 (g) TECHNICAL CORRECTION REGARDING PERFORM17 ANCE MANAGEMENT AND WORKFORCE INCENTIVES.—Sec18 tion 9902(a)(2) of title 5, United States Code, as added by 

19 section 1113(d) of the National Defense Authorization Act 

20 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2499), 

21 is amended by striking ‘‘chapters’’ both places it appears 

22 and inserting ‘‘chapter’’. 

23 (h) TECHNICAL CORRECTION REGARDING SMALL

24 SHIPYARDS AND MARITIME COMMUNITIES ASSISTANCE

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1 ization Act for Fiscal Year 2006, as reinstated by the 

2 amendment made by section 1073(c)(14) of the National 

3 Defense Authorization Act for Fiscal Year 2010 (Public 

4 Law 111–84; 123 Stat. 2475), is repealed. 

5 (i) TECHNICAL CORRECTION REGARDING DOT MARI6 TIME HERITAGE PROPERTY.—Section 6(a)(1)(C) of the Na7 tional Maritime Heritage Act of 1994 (16 U.S.C. 

8 5405(a)(1)(C)), as amended by section 3509 of the National 

9 Defense Authorization Act for Fiscal Year 2010 (Public 

10 Law 111–84; 123 Stat. 2721), is amended by striking ‘‘the 

11 date of enactment of the Maritime Administration Author12 ization Act of 2010’’ and inserting ‘‘October 28, 2009’’. 

13 (j) TECHNICAL CORRECTION REGARDING DOE NA14 TIONAL SECURITY PROGRAMS.—The table of contents at the 

15 beginning of the National Nuclear Security Administration 

16 Act (title XXXII of Public Law 106–65; 50 U.S.C. 2401 

17 et seq.) is amended by striking the item relating to section 

18 3255 and inserting the following new item: 

‘‘Sec. 3255. Biennial plan and budget assessment on the modernization and refurbishment of the nuclear security complex.’’. 

19 SEC. 1056. LIMITATION ON AIR FORCE FISCAL YEAR 2011 

20 FORCE STRUCTURE ANNOUNCEMENT IMPLE21 MENTATION. 

22 None of the amounts authorized to be appropriated by 

23 this Act or otherwise made available for fiscal year 2011 

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1 menting the Air Force fiscal year 2011 Force Structure An2 nouncement until 45 days after— 

3 (1) the Secretary of the Air Force provides a de4 tailed report to the Committee on Armed Services of 

5 the Senate and the Committee on Armed Services of 

6 the House of Representatives on the follow-on mis7 sions for bases affected by the 2010 Combat Air 

8 Forces restructure; and 

9 (2) the Secretary of the Air Force certifies to the 

10 Committee on Armed Services of the Senate and the 

11 Committee on Armed Services of the House of Rep12 resentatives that the Air Sovereignty Alert Mission 

13 will be fully resourced with required funding, per14 sonnel, and aircraft. 

15 SEC. 1057. BUDGETING FOR THE SUSTAINMENT AND MOD16 ERNIZATION OF NUCLEAR DELIVERY SYS17 TEMS. 

18 Consistent with the plan contained in the report sub19 mitted to Congress under section 1251 of the National De20 fense Authorization Act for Fiscal Year 2010 (Public Law 

21 111–84; 123 Stat. 2549), in the budget materials submitted 

22 to the President by the Secretary of Defense in connection 

23 with the submission to Congress, pursuant to section 1105 

24 of title 31, United States Code, of the budget for fiscal year 

25 2012, and each subsequent fiscal year, the Secretary shall 


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1 ensure that a separate budget (including separate, dedicated 

2 line items and program elements) is included with respect 

3 to programs and platforms regarding the sustainment and 

4 modernization of nuclear delivery systems. 

5 SEC. 1058. LIMITATION ON NUCLEAR FORCE REDUCTIONS. 

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

7 (1) As of September 30, 2009, the stockpile of nu8 clear weapons of the United States has been reduced 

9 by 84 percent from its maximum level in 1967 and 

10 by more than 75 percent from its level when the Ber11 lin Wall fell in November, 1989. 

12 (2) The number of non-strategic nuclear weapons 

13 of the United States has declined by approximately 

14 90 percent from September 30, 1991, to September 30, 

15 2009. 

16 (3) In 2002, the United States announced plans 

17 to reduce its number of operationally deployed stra18 tegic nuclear warheads to between 1,700 and 2,200 by 

19 December 31, 2012. 

20 (4) The United States plans to further reduce its 

21 stockpile of deployed strategic nuclear warheads to 

22 1,550 during the next seven years. 

23 (5) The United States plans to further reduce its 

24 deployed ballistic missiles and heavy bombers to 700 


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1 and its deployed and non-deployed launchers and 

2 heavy bombers to 800 during the next seven years. 

3 (6) Beyond these plans for reductions, the Nu4 clear Posture Review of April 2010 stated that, ‘‘the 

5 President has directed a review of potential future re6 ductions in U.S. nuclear weapons below New START 

7 levels. Several factors will influence the magnitude 

8 and pace of such reductions.’’. 

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

10 that— 

11 (1) any reductions in the nuclear forces of the 

12 United States should be supported by a thorough as13 sessment of the strategic environment, threat, and pol14 icy and the technical and operational implications of 

15 such reductions; and 

16 (2) specific criteria are necessary to guide future 

17 decisions regarding further reductions in the nuclear 

18 forces of the United States. 

19 (c) LIMITATION.—No action may be taken to imple20 ment the reduction of nuclear forces of the United States 

21 below the levels described in paragraphs (4) and (5) of sub22 section (a), unless— 

23 (1) the Secretary of Defense and the Adminis24 trator for Nuclear Security jointly submit to the conVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 gressional defense committees a report on such reduc2 tion, including— 

3 (A) the justification for such reduction; 

4 (B) an assessment of the strategic environ5 ment, threat, and policy and the technical and 

6 operational implications of such reduction; 

7 (C) written certification by the Secretary of 

8 Defense that— 

9 (i) either— 

10 (I) the strategic environment or 

11 the assessment of the threat has 

12 changed to allow for such reduction; or 

13 (II) technical measures to provide 

14 a commensurate or better level of safe15 ty, security, and reliability as before 

16 such reduction have been implemented 

17 for the remaining nuclear forces of the 

18 United States; 

19 (ii) such reduction preserves the nu20 clear deterrent capabilities of the ‘‘nuclear 

21 triad’’ (intercontinental ballistic missiles, 

22 ballistic missile submarines, and heavy 

23 bombers and dual-capable aircraft); 

24 (iii) such reduction does not require a 

25 change in targeting strategy from 


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1 counterforce targeting to countervalue tar2 geting; 

3 (iv) the remaining nuclear forces of the 

4 United States provide a sufficient means of 

5 protection against unforeseen technical chal6 lenges and geopolitical events; and 

7 (v) such reduction is compensated by 

8 other measures (such as nuclear moderniza9 tion, conventional forces, and missile de10 fense) that together provide a commensurate 

11 or better deterrence capability and level of 

12 credibility as before such reduction; and 

13 (D) written certification by the Adminis14 trator for Nuclear Security that— 

15 (i) technical measures to provide a 

16 commensurate or better level of safety, secu17 rity, and reliability as before such reduction 

18 have been implemented for the remaining 

19 nuclear forces of the United States; 

20 (ii) the remaining nuclear forces of the 

21 United States provide a sufficient means of 

22 protection against unforeseen technical chal23 lenges and geopolitical events; and 

24 (iii) measures to modernize the nuclear 

25 weapons complex have been implemented to 


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1 provide a sufficiently responsive infrastruc2 ture to support the remaining nuclear forces 

3 of the United States; and 

4 (2) a period of 180 days has elapsed after the 

5 date on which the report under paragraph (1) is sub6 mitted. 

7 (d) DEFINITION.—In this section, the term ‘‘nuclear 

8 forces of the United States’’ includes— 

9 (1) both active and inactive nuclear warheads in 

10 the nuclear weapons stockpile; and 

11 (2) deployed and non-deployed delivery vehicles. 

12 SEC. 1059. SENSE OF CONGRESS ON THE NUCLEAR POS13 TURE REVIEW. 

14 It is the sense of Congress that the Nuclear Posture 

15 Review, released in April 2010 by the Secretary of Defense, 

16 weakens the national security of the United States by elimi17 nating options to defend against a catastrophic nuclear, bi18 ological, chemical, or conventional attack against the 

19 United States. 

20 SEC. 1060. STRATEGIC ASSESSMENT OF STRATEGIC CHAL21 LENGES POSED BY POTENTIAL COMPETI22 TORS. 

23 The Secretary of Defense shall, in consultation with 

24 the Joint Chiefs of Staff and the commanders of the regional 

25 combatant commands, submit to the congressional defense 


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1 committees, not later than March 15, 2011, a comprehensive 

2 strategic assessment of the current and future strategic chal3 lenges posed to the United States by potential competitors 

4 out through 2021, with particular attention paid to those 

5 challenges posed by the military modernization of the Peo6 ple’s Republic of China, Iran, North Korea, and Russia. 

7 SEC. 1061. ELECTRONIC ACCESS TO CERTAIN CLASSIFIED 

8 INFORMATION. 

9 The Secretary of Defense shall provide to each com10 mittee of Congress an electronic communications link to 

11 classified information in the possession of the Department 

12 of Defense pertaining to a subject matter that is in the juris13 diction of such committee under the Rules of the House of 

14 Representatives or the Standing Rules of the Senate. Such 

15 electronic communications link shall be capable of sup16 porting appropriate classified communications between the 

17 Department of Defense and each committee of Congress au18 thorized to carry out such communications. 

19 SEC. 1062. JUSTICE FOR VICTIMS OF TORTURE AND TER20 RORISM. 

21 (a) FINDINGS.—Congress makes the following findings: 

22 (1) The National Defense Authorization Act for 

23 Fiscal Year 2008 (Public Law 110–181) expressed the 

24 sense of Congress (in section 1083(d)(4)) that the Sec25 retary of State ‘‘should work with the Government of 


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1 Iraq on a state-to-state basis to ensure compensation 

2 for any meritorious claims based on terrorist acts 

3 committed by the Saddam Hussein regime against in4 dividuals who were United States nationals or mem5 bers of the United States Armed Forces at the time 

6 of those terrorist acts and whose claims cannot be ad7 dressed in courts in the United States due to the exer8 cise of the waiver authority’’ provided to the Presi9 dent under section 1083(d) of that Act. 

10 (2) The House of Representatives in the 110th 

11 Congress unanimously adopted H.R. 5167, the Justice 

12 for Victims of Torture and Terrorism Act, which set 

13 forth an appropriate compromise of the claims de14 scribed in paragraph (1). 

15 (3) The National Defense Authorization Act for 

16 Fiscal Year 2010 (in section 1079) further expressed 

17 the sense of Congress that these claims of American 

18 victims of torture and hostage taking by Iraq ‘‘should 

19 be resolved by a prompt and fair settlement nego20 tiated between the Government of Iraq and the Gov21 ernment of the United States, taking note of the pro22 visions of H.R. 5167 of the 110th Congress, which was 

23 adopted by the United States House of Representa24 tives’’. 


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1 (4) Pursuant to these congressional actions, the 

2 Secretary of State has diligently pursued these nego3 tiations with the Government of Iraq. To date, how4 ever, more than three years after the enactment of the 

5 National Defense Authorization Act for Fiscal Year 

6 2008, and nearly a year after the enactment of the 

7 National Defense Authorization Act for Fiscal Year 

8 2010, there has been no resolution of these claims of 

9 injured Americans, despite the resolution by Iraq of 

10 claims of foreign corporations against the Saddam 

11 Hussein regime. 

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

13 that the claims of American victims of torture and hostage 

14 taking by the Government of Iraq during the regime of Sad15 dam Hussein that are subject to Presidential Determination 

16 Number 2008-9 of January 28, 2008, which waived appli17 cation of section 1083 of the National Defense Authorization 

18 Act for Fiscal Year 2008, should be resolved by a prompt 

19 and fair settlement negotiated between the Government of 

20 Iraq and the Government of the United States. 

21 SEC. 1063. POLICY REGARDING APPROPRIATE USE OF DE22 PARTMENT OF DEFENSE RESOURCES. 

23 (a) POLICY.— 


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1 (1) IN GENERAL.—Chapter 2 of Title 10, United 

2 States Code, is amended by inserting after section 

3 113a the following new section: 

4 ‘‘§ 113b. Use of Department of Defense resources 

5 ‘‘(a) POLICY.—The Secretary of Defense shall ensure 

6 that all resources of the Department of Defense are used 

7 only for activities that— 

8 ‘‘(1) fulfill a legitimate Government purpose; 

9 ‘‘(2) comply with all applicable laws, regula10 tions, and policies of the Department of Defense; and 

11 ‘‘(3) contribute to the mission of the Department 

12 of Defense. 

13 ‘‘(b) GUIDANCE.—The Secretary shall prescribe such 

14 guidance as is necessary to ensure compliance with the pol15 icy required under subsection (a) and to address any viola16 tions of the policy, including, as appropriate, any applica17 ble legal remedies.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended by 

20 inserting after the item relating to section 113a the 

21 following new item: 

‘‘113b. Use of Department of Defense resources.’’. 

22 (b) PROHIBITION ON USE OF FUNDS.—None of the 

23 funds authorized to be appropriated in this Act or otherwise 

24 available to the Department of Defense may be used— 


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1 (1) for any activity that does not comply with 

2 the policy established under section 113b of title 10, 

3 United States Code, as added by subsection (a), in4 cluding any improper activity involving— 

5 (A) transportation or travel (including use 

6 of Government vehicles); or 

7 (B) Department of Defense information 

8 technology resources; or 

9 (2) to pay the salary of any employee who en10 gages in an intentional violation of the policy estab11 lished under such section. 

12 SEC. 1064. EXECUTIVE AGENT FOR PREVENTING THE IN13 TRODUCTION OF COUNTERFEIT MICROELEC14 TRONICS INTO THE DEFENSE SUPPLY CHAIN. 

15 (a) EXECUTIVE AGENT.—Not later than 90 days after 

16 the date of the enactment of this Act, the Secretary of De17 fense shall designate a senior official of the Department of 

18 Defense to serve as the executive agent for preventing the 

19 introduction of counterfeit microelectronics into the defense 

20 supply chain. 

21 (b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.— 

22 (1) ESTABLISHMENT.—Not later than 180 days 

23 after the date of the enactment of this Act, the Sec24 retary of Defense shall prescribe the roles, responsibilVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 ities, and authorities of the executive agent designated 

2 under subsection (a). 

3 (2) SPECIFICATION.—The roles and responsibil4 ities of the executive agent designated under sub5 section (a) shall include the following: 

6 (A) Development and maintenance of a 

7 strategy and implementation plan that ensures 

8 that the Department of Defense has the ability to 

9 identify, mitigate, prevent, and eliminate coun10 terfeit microelectronics from the defense supply 

11 chain. 

12 (B) Development of recommendations for 

13 funding strategies necessary to meet the require14 ments of the strategy and implementation plan 

15 developed under subparagraph (A). 

16 (C) Assessments of trends in counterfeit 

17 microelectronics, including— 

18 (i) an analysis of recent incidents of 

19 discovery of counterfeit microelectronics in 

20 the defense supply chain, including inci21 dents involving material and service pro22 viders; 

23 (ii) a projection of future trends in 

24 counterfeit microelectronics; 


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1 (iii) the sufficiency of reporting mecha2 nisms and metrics within the Department 

3 of Defense and each component of the De4 partment of Defense; 

5 (iv) the economic impact of identifying 

6 and remediating counterfeit microelec7 tronics in the defense supply chain; and 

8 (v) the impact of counterfeit microelec9 tronics in the defense supply chain on de10 fense readiness. 

11 (D) Coordination of planning and activities 

12 with interagency and international partners. 

13 (E) Development and participation in pub14 lic-private partnerships to prevent the introduc15 tion of counterfeit microelectronics into the sup16 ply chain. 

17 (F) Such other roles and responsibilities as 

18 the Secretary of Defense considers appropriate. 

19 (c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.— 

20 The Secretary of Defense shall ensure that each component 

21 of the Department of Defense provides the executive agent 

22 designated under subsection (a) with the appropriate sup23 port and resources needed to perform the roles, responsibil24 ities, and authorities of the executive agent. 


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1 (d) REQUIRED ACTIONS.—The Secretary of Defense 

2 shall submit to the congressional defense committees— 

3 (1) not later than 180 days after the date of the 

4 enactment of this Act, a description of the roles, re5 sponsibilities, and authorities of the executive agent 

6 prescribed in accordance with subsection (b)(1); 

7 (2) not later than one year after the date of the 

8 enactment of this Act, a strategy for how the Depart9 ment of Defense will identify, mitigate, prevent, and 

10 eliminate counterfeit microelectronics within the de11 fense supply chain; and 

12 (3) not later than 18 months after the date of the 

13 enactment of this Act, an implementation plan for 

14 how the Department of Defense will execute the strat15 egy submitted in accordance with paragraph (2). 

16 (e) DEFINITIONS.—In this section: 

17 (1) COUNTERFEIT MICROELECTRONIC.—The term 

18 ‘‘counterfeit microelectronic’’ means any type of inte19 grated circuit or other microelectronic component that 

20 consists of— 

21 (A) a substitute or unauthorized copy of a 

22 valid product from an original manufacturer; 

23 (B) a product in which the materials used 

24 or the performance of the product has been 


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1 changed without notice by a person other than 

2 the original manufacturer of the product; or 

3 (C) a substandard component misrepre4 sented by the supplier of such component. 

5 (2) EXECUTIVE AGENT.—The term ‘‘executive 

6 agent’’ has the meaning given the term ‘‘DoD Execu7 tive Agent’’ in Department of Defense Directive 

8 5101.1, or any successor directive relating to the re9 sponsibilities of an executive agent of the Department 

10 of Defense. 

11 TITLE XI—CIVILIAN PERSONNEL 

12 MATTERS 

13 SEC. 1101. AUTHORITY FOR THE DEPARTMENT OF DEFENSE 

14 TO APPROVE AN ALTERNATE METHOD OF 

15 PROCESSING EQUAL EMPLOYMENT OPPOR16 TUNITY COMPLAINTS WITHIN ONE OR MORE 

17 COMPONENT ORGANIZATIONS UNDER SPECI18 FIED CIRCUMSTANCES. 

19 (a) AUTHORITY.—The Secretary of Defense may im20 plement within one or more of the component organizations 

21 of the Department of Defense an alternate program for proc22 essing equal employment opportunity complaints. 

23 (1) Complaints processed under the alternate 

24 program shall be subject to the procedural require25 ments established for the alternate program and shall 


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1 not be subject to the procedural requirements of part 

2 1614 of title 29 of the Code of Federal Regulations or 

3 other regulations, directives, or regulatory restrictions 

4 prescribed by the Equal Employment Opportunity 

5 Commission. 

6 (2) The alternate program shall include proce7 dures to reduce processing time and eliminate redun8 dancy with respect to processes for the resolution of 

9 equal employment opportunity complaints, reinforce 

10 local management and chain-of-command account11 ability, and provide the parties involved with early 

12 opportunity for resolution. 

13 (3) The Secretary may carry out the alternate 

14 program during a 5-year period beginning on the 

15 date of the enactment of this Act. Not later than 180 

16 days before the expiration of such period, the Sec17 retary shall submit to the Committees on Armed Serv18 ices of the House of Representatives and the Senate, 

19 a recommendation regarding whether the program 

20 should be extended for an additional period. 

21 (4)(A) Participation in the alternate program 

22 shall be voluntary on the part of the complainant. 

23 Complainants who participate in the alternate pro24 gram shall retain the right to appeal a final agency 

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1 mission and to file suit in district court. The Equal 

2 Employment Opportunity Commission shall not re3 verse a final agency decision on the grounds that the 

4 agency did not comply with the regulatory require5 ments promulgated by the Commission. 

6 (B) Subparagraph (A) shall apply to all cases 

7 filed with the Commission after the date of the enact8 ment of this Act and under the alternate program es9 tablished under this subsection. 

10 (C) The Secretary shall consult with the Equal 

11 Employment Commission in the development of the 

12 alternate program. 

13 (b) EVALUATION PLAN.—The Secretary of Defense 

14 shall develop an evaluation plan to accurately and reliably 

15 assess the results of each alternate program implemented 

16 under subsection (a), identifying the key features of the pro17 gram, including— 

18 (1) well-defined, clear, and measurable objectives; 

19 (2) measures that are directly linked to the pro20 gram objectives; 

21 (3) criteria for determining the program per22 formance; 

23 (4) a way to isolate the effects of the alternate 

24 program; 


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1 (5) a data analysis plan for the evaluation de2 sign; and 

3 (6) a detailed plan to ensure that data collection, 

4 entry, and storage are reliable and error-free. 

5 (c) REPORTS.—The Comptroller General shall submit 

6 to the Speaker of the House of Representatives and the 

7 President pro tempore of the Senate, two reports on the al8 ternate program. 

9 (1) CONTENTS OF REPORTS.—Each report shall 

10 contain the following: 

11 (A) A description of the processes tested by 

12 the alternate program. 

13 (B) The results of the testing of such proc14 esses. 

15 (C) Recommendations for changes to the 

16 processes for the resolution of equal employment 

17 opportunity complaints as a result of the alter18 nate program. 

19 (D) A comparison of the processes used, and 

20 results obtained, under the alternate program to 

21 traditional and alternative dispute resolution 

22 processes used in the Government or private in23 dustry. 

24 (2) DATES OF SUBMISSION.—The first of such re25 ports shall be submitted at the end of the 2-year peVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 riod beginning on the date of the enactment of this 

2 Act. The second of such reports shall be submitted at 

3 the end of the 4-year period beginning on the date of 

4 the enactment of this Act. 

5 SEC. 1102. CLARIFICATION OF AUTHORITIES AT PER6 SONNEL DEMONSTRATION LABORATORIES. 

7 (a) CLARIFICATION OF APPLICABILITY OF DIRECT

8 HIRE AUTHORITY.—Section 1108 of the Duncan Hunter 

9 National Defense Authorization Act for Fiscal Year 2009 

10 (Public Law 110–417; 122 Stat. 4618; 10 U.S.C. 1580 note) 

11 is amended— 

12 (1) in subsection (b), by striking ‘‘identified’’ 

13 and all that follows and inserting ‘‘designated by sec14 tion 1105(a) of the National Defense Authorization 

15 Act for Fiscal Year 2010 (Public Law 111–84; 123 

16 Stat. 2486) as a Department of Defense science and 

17 technology reinvention laboratory.’’; and 

18 (2) in subsection (c), by striking ‘‘2 percent’’ and 

19 inserting ‘‘4 percent’’. 

20 (b) CLARIFICATION OF APPLICABILITY OF FULL IM21 PLEMENTATION REQUIREMENT.—Section 1107 of the Na22 tional Defense Authorization Act for Fiscal Year 2008 (Pub23 lic Law 110–181; 122 Stat 357; 10 U.S.C. 2358 note) is 

24 amended— 


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1 (1) in subsection (a), by striking ‘‘that are ex2 empted by’’ and all that follows and inserting ‘‘des3 ignated by section 1105(a) of the National Defense 

4 Authorization Act for Fiscal Year 2010 (Public Law 

5 111–84; 123 Stat. 2486) as Department of Defense 

6 science and technology reinvention laboratories.’’; and 

7 (2) in subsection (c), by striking ‘‘as enumerated 

8 in’’ and all that follows and inserting ‘‘designated by 

9 section 1105(a) of the National Defense Authorization 

10 Act for Fiscal Year 2010 (Public Law 111–84; 123 

11 Stat 2486) as a Department of Defense science and 

12 technology reinvention laboratory.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by sub14 sections (a) and (b) shall take effect as of October 28, 2009. 

15 SEC. 1103. SPECIAL RULE RELATING TO CERTAIN OVER16 TIME PAY. 

17 (a) IN GENERAL.—Section 5542(a) of title 5, United 

18 States Code, is amended by adding at the end the following: 

19 ‘‘(6)(A) Notwithstanding paragraphs (1) and (2), for 

20 an employee who is described in subparagraph (B), and 

21 whose rate of basic pay exceeds the minimum rate for GS– 

22 10, the overtime hourly rate of pay is an amount equal 

23 to one and one–half times the hourly rate of basic pay of 

24 the employee, and all that amount is premium pay. 


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1 ‘‘(B) This paragraph applies in the case of an em2 ployee of the Department of the Navy— 

3 ‘‘(i) who is performing work aboard or in sup4 port of the U.S.S. GEORGE WASHINGTON while 

5 that vessel is forward deployed in Japan; and 

6 ‘‘(ii) as to whom the application of this para7 graph is necessary (as determined under regulations 

8 prescribed by the Secretary of the Navy)— 

9 ‘‘(I) in order to ensure equal treatment with 

10 employees performing similar work in the 

11 United States; 

12 ‘‘(II) in order to secure the services of quali13 fied employees; or 

14 ‘‘(III) for such other reasons as may be set 

15 forth in such regulations.’’. 

16 (b) REPORTING REQUIREMENT.—Within 1 year after 

17 date of enactment of this Act, the Secretary of the Navy 

18 shall submit to the Secretary of Defense and the Director 

19 of the Office of Personnel Management a report that ad20 dresses the use of paragraph (6) of section 5542(a) of title 

21 5, United States Code, as added by subsection (a), including 

22 associated costs. 


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1 SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

2 ANNUAL LIMITATION ON PREMIUM PAY AND 

3 AGGREGATE LIMITATION ON PAY FOR FED4 ERAL CIVILIAN EMPLOYEES WORKING OVER5 SEAS. 

6 Effective January 1, 2011, section 1101(a) of the Dun7 can Hunter National Defense Authorization Act for Fiscal 

8 Year 2009 (Public Law 110–417; 122 Stat. 4615), as 

9 amended by section 1106(a) of the National Defense Author10 ization Act for Fiscal Year 2010 (Public Law 111-84; 123 

11 Stat. 2487), is amended by striking ‘‘calendar years 2009 

12 and 2010’’ and inserting ‘‘calendar years 2011 and 2012’’. 

13 SEC. 1105. WAIVER OF CERTAIN PAY LIMITATIONS. 

14 Section 9903(d) of title 5, United States Code, is 

15 amended— 

16 (1) by amending paragraph (2) to read as fol17 lows: 

18 ‘‘(2) An employee appointed under this section is not 

19 eligible for any bonus, monetary award, or other monetary 

20 incentive for service, except for— 

21 ‘‘(A) payments authorized under this section; 

22 and 

23 ‘‘(B) in the case of an employee who is assigned 

24 in support of a contingency operation (as defined in 

25 section 101(a)(13) of title 10), allowances and any 

26 other payments authorized under chapter 59.’’; and 


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1 (2) in paragraph (3), by adding at the end the 

2 following: ‘‘In computing an employee’s total annual 

3 compensation for purposes of the preceding sentence, 

4 any payment referred to in paragraph (2)(B) shall be 

5 excluded.’’. 

6 SEC. 1106. SERVICES OF POST-COMBAT CASE COORDINA7 TORS. 

8 (a) IN GENERAL.—Chapter 79 of title 5, United States 

9 Code, is amended by adding at the end the following: 

10 ‘‘§ 7906. Services of post-combat case coordinators 

11 ‘‘(a) DEFINITIONS.—For purposes of this section— 

12 ‘‘(1) the terms ‘employee’, ‘agency’, ‘injury’, 

13 ‘war-risk hazard’, and ‘hostile force or individual’ 

14 have the meanings given those terms in section 8101; 

15 and 

16 ‘‘(2) the term ‘qualified employee’ means an em17 ployee as described in subsection (b). 

18 ‘‘(b) REQUIREMENT.—The head of each agency shall, 

19 in a manner consistent with the guidelines prescribed under 

20 subsection (c), provide for the assignment of a post-combat 

21 case coordinator in the case of any employee of such agency 

22 who suffers an injury or disability incurred, or an illness 

23 contracted, while in the performance of such employee’s du24 ties, as a result of a war-risk hazard or during or as a 


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1 result of capture, detention, or other restraint by a hostile 

2 force or individual. 

3 ‘‘(c) GUIDELINES.—The Office of Personnel Manage4 ment shall, after such consultation as the Office considers 

5 appropriate, prescribe guidelines for the operation of this 

6 section. Under the guidelines, the responsibilities of a post7 combat case coordinator shall include— 

8 ‘‘(1) acting as the main point of contact for 

9 qualified employees seeking administrative guidance 

10 or assistance relating to benefits under chapter 81 or 

11 89; 

12 ‘‘(2) assisting qualified employees in the collec13 tion of documentation or other supporting evidence 

14 for the expeditious processing of claims under chapter 

15 81 or 89; 

16 ‘‘(3) assisting qualified employees in connection 

17 with the receipt of prescribed medical care and the co18 ordination of benefits under chapter 81 or 89; 

19 ‘‘(4) resolving problems relating to the receipt of 

20 benefits under chapter 81 or 89; and 

21 ‘‘(5) ensuring that qualified employees are prop22 erly screened and receive appropriate treatment— 

23 ‘‘(A) for post-traumatic stress disorder or 

24 other similar disorder stemming from combat 

25 trauma; or 


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1 ‘‘(B) for suicidal or homicidal thoughts or 

2 behaviors. 

3 ‘‘(d) DURATION.—The services of a post-combat case 

4 coordinator shall remain available to a qualified employee 

5 until— 

6 ‘‘(1) such employee accepts or declines a reason7 able offer of employment in a position in the employ8 ee’s agency for which the employee is qualified, which 

9 is not lower than 2 grades (or pay levels) below the 

10 employee’s grade (or pay level) before the occurrence 

11 or onset of the injury, disability, or illness (as re12 ferred to in subsection (a)), and which is within the 

13 employee’s commuting area; or 

14 ‘‘(2) such employee gives written notice, in such 

15 manner as the employing agency prescribes, that those 

16 services are no longer desired or necessary.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections for 

18 chapter 79 of title 5, United States Code, is amended by 

19 adding after the item relating to section 7905 the following: 

‘‘7906. Services of post-combat case coordinators.’’. 

20 SEC. 1107. AUTHORITY TO WAIVE MAXIMUM AGE LIMIT FOR 

21 CERTAIN APPOINTMENTS. 

22 Section 3307(e) of title 5, United States Code, is 

23 amended— 

24 (1) by striking ‘‘(e) The’’ and inserting ‘‘(e)(1) 

25 Except as provided in paragraph (2), the’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(2)(A) In the case of the conversion of an agency func3 tion from performance by a contractor to performance by 

4 an employee of the agency, the head of the agency may 

5 waive any maximum limit of age, determined or fixed for 

6 positions within such agency under paragraph (1), if nec7 essary in order to promote the recruitment or appointment 

8 of experienced personnel. 

9 ‘‘(B) For purposes of this paragraph— 

10 ‘‘(i) the term ‘agency’ means the Department of 

11 Defense or a military department; and 

12 ‘‘(ii) the term ‘head of the agency’ means the 

13 Secretary of Defense or the Secretary of a military 

14 department.’’. 

15 SEC. 1108. SENSE OF CONGRESS REGARDING WAIVER OF 

16 RECOVERY OF CERTAIN PAYMENTS MADE 

17 UNDER CIVILIAN EMPLOYEES VOLUNTARY 

18 SEPARATION INCENTIVE PROGRAM. 

19 (a) CONGRESSIONAL FINDING.—Congress finds that 

20 employees and former employees of the Department of De21 fense described in subsection (c) provided a valuable service 

22 to such Department in response to the national emergency 

23 declared in the aftermath of the attacks of September 11, 

24 2001. 


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

2 that— 

3 (1) employees and former employees of the De4 partment of Defense described in subsection (c) de5 serve to retain or to be repaid their voluntary separa6 tion incentive payment pursuant to section 9902 of 

7 title 5, United States Code; 

8 (2) recovery of the amount of the payment re9 ferred to in section 9902 of title 5, United States 

10 Code, would be against equity and good conscience 

11 and contrary to the best interests of the United States; 

12 (3) the Secretary of Defense should waive the re13 quirement under subsection (f)(6)(B) of section 9902 

14 of title 5, United States Code, for repayment to the 

15 Department of Defense of a voluntary separation in16 centive payment made under subsection (f)(1) of such 

17 section 9902 in the case of an employee or former em18 ployee of the Department of Defense described in sub19 section (c); and 

20 (4) a person who has repaid to the United States 

21 all or part of the voluntary separation incentive pay22 ment for which repayment is waived under this sec23 tion may receive a refund of the amount previously 

24 repaid to the United States. 


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1 (c) PERSONS COVERED.—Subsection (a) applies to 

2 any employee or former employee of the Department of De3 fense who— 

4 (1) during the period beginning on April 1, 

5 2004, and ending on May 1, 2008, received a vol6 untary separation incentive payment under section 

7 9902(f)(1) of title 5, United States Code; 

8 (2) was reappointed to a position in the Depart9 ment of Defense during the period beginning on June 

10 1, 2004, and ending on May 1, 2008; and 

11 (3) received a written representation from an of12 ficer or employee of the Department of Defense, before 

13 accepting the reappointment referred to in paragraph 

14 (2), that recovery of the amount of the payment re15 ferred to in paragraph (1) would not be required or 

16 would be waived, and reasonably relied on that rep17 resentation in accepting reappointment. 

18 SEC. 1109. SUSPENSION OF DCIPS PAY AUTHORITY EX19 TENDED FOR A YEAR. 

20 Section 1114(a) of the National Defense Authorization 

21 Act for Fiscal Year 2010 (10 U.S.C. 1601 note) is amended 

22 by striking ‘‘December 31, 2010’’ and inserting ‘‘December 

23 31, 2011’’. 


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1 TITLE XII—MATTERS RELATING 

2 TO FOREIGN NATIONS 

3 Subtitle A—Assistance and 

4 Training 

5 SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF 

6 SPECIAL OPERATIONS TO COMBAT TER7 RORISM. 

8 (a) IN GENERAL.—Section 1208(a) of the Ronald W. 

9 Reagan National Defense Authorization Act for Fiscal Year 

10 2005 (Public Law 108–375; 118 Stat. 2086), as most re11 cently amended by section 1202(a) of the National Defense 

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

13 84; 123 Stat. 2511), is further amended by striking 

14 ‘‘$40,000,000’’ and inserting ‘‘$50,000,000’’. 

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall take effect on October 1, 2010. 

17 SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES 

18 TO ENHANCED LOGISTICS INTEROPER19 ABILITY AUTHORITY. 

20 (a) ENHANCED INTEROPERABILITY AUTHORITY.— 

21 Subsection (a) of section 127d of title 10, United States 

22 Code, is amended— 

23 (1) by inserting ‘‘(1)’’ before ‘‘Subject to’’; 

24 (2) by inserting ‘‘of the United States’’ after 

25 ‘‘armed forces’’; 


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1 (3) by striking the second sentence; and 

2 (4) by adding at the end the following new para3 graphs: 

4 ‘‘(2) In addition to any logistic support, supplies, and 

5 services provided under paragraph (1), the Secretary may 

6 provide logistic support, supplies, and services to allied 

7 forces solely for the purpose of enhancing the interoper8 ability of the logistical support systems of military forces 

9 participating in combined operations with the United 

10 States in order to facilitate such operations. Such logistic 

11 support, supplies, and services may also be provided under 

12 this paragraph to a nonmilitary logistics, security, or simi13 lar agency of an allied government if such provision would 

14 directly benefit the armed forces of the United States. 

15 ‘‘(3) Provision of support, supplies, and services pur16 suant to paragraph (1) or (2) may be made only with the 

17 concurrence of the Secretary of State.’’. 

18 (b) CONFORMING AMENDMENTS.—Such section is fur19 ther amended— 

20 (1) in subsection (b), by striking ‘‘subsection (a)’’ 

21 in paragraphs (1) and (2) and inserting ‘‘subsection 

22 (a)(1)’’; and 

23 (2) in subsection (c)— 

24 (A) in paragraph (1)— 


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1 (i) by striking ‘‘Except as provided in 

2 paragraph (2), the’’ and inserting ‘‘The’’; 

3 and 

4 (ii) by striking ‘‘this section’’ and in5 serting ‘‘subsection (a)(1)’’; and 

6 (B) in paragraph (2), by striking ‘‘In addi7 tion’’ and all that follows through ‘‘fiscal year,’’ 

8 and inserting ‘‘The value of the logistic support, 

9 supplies, and services provided under subsection 

10 (a)(2) in any fiscal year may not’’. 

11 SEC. 1203. MODIFICATION AND EXTENSION OF AUTHORI12 TIES RELATING TO PROGRAM TO BUILD THE 

13 CAPACITY OF FOREIGN MILITARY FORCES. 

14 (a) ANNUAL FUNDING LIMITATION.—Subsection (c)(1) 

15 of section 1206 of the National Defense Authorization Act 

16 for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

17 3456), as amended by section 1206(b) of the Duncan Hun18 ter National Defense Authorization Act for Fiscal Year 2009 

19 (Public Law 110–417; 122 Stat. 4625), is further amended 

20 by striking ‘‘$350,000,000’’ and inserting ‘‘$500,000,000’’. 

21 (b) TEMPORARY LIMITATION ON AMOUNT FOR BUILD22 ING CAPACITY TO PARTICIPATE IN OR SUPPORT MILITARY

23 AND STABILITY OPERATIONS.— 

24 (1) IN GENERAL.—Subsection (c)(5) of such sec25 tion is amended— 


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1 (A) by striking ‘‘and not more than’’ and 

2 inserting ‘‘not more than’’; and 

3 (B) by inserting after ‘‘fiscal year 2011’’ the 

4 following: ‘‘, and not more than $100,000,000 

5 may be used during fiscal year 2012’’. 

6 (2) EFFECTIVE DATE.—The amendments made 

7 by paragraph (1) shall take effect on October 1, 2010, 

8 and shall apply with respect to programs under sub9 section (a) of such section that begin on or after that 

10 date. 

11 (c) TEMPORARY AUTHORITY TO BUILD THE CAPACITY

12 OF YEMEN’S COUNTER-TERRORISM FORCES.—Such section 

13 is further amended— 

14 (1) by redesignating subsection (g) as subsection 

15 (h); and 

16 (2) by inserting after subsection (f) the following: 

17 ‘‘(g) TEMPORARY AUTHORITY TO BUILD THE CAPAC18 ITY OF YEMEN’S COUNTER-TERRORISM FORCES.— 

19 ‘‘(1) AUTHORITY OF SECRETARY OF STATE.— 

20 ‘‘(A) IN GENERAL.—Of the funds made 

21 available under subsection (c) for the authority 

22 of subsection (a) for fiscal year 2011, the Sec23 retary of Defense shall transfer to the Secretary 

24 of State $75,000,000 of such funds for purposes 

25 of providing assistance under section 23 of the 


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1 Arms Export Control Act (22 U.S.C. 2763) to 

2 build the capacity of the counter-terrorism forces 

3 of the Yemeni Ministry of Interior. 

4 ‘‘(B) CERTIFICATION.—The Secretary of De5 fense may transfer funds pursuant to subpara6 graph (A) only if, not later than July 31, 2011, 

7 the Secretary of State certifies to the Secretary 

8 of Defense and the congressional committees spec9 ified in subsection (e)(3) that the Secretary of 

10 State is able to effectively carry out the purpose 

11 of subparagraph (A). 

12 ‘‘(C) AVAILABILITY OF FUNDS.—Amounts 

13 available under this paragraph for the authority 

14 of subparagraph (A) for fiscal year 2011 may be 

15 used to conduct or support a program or pro16 grams under that authority that begin in fiscal 

17 year 2011 but end in fiscal year 2012. 

18 ‘‘(2) AUTHORITY OF SECRETARY OF DEFENSE.— 

19 If a certification described in paragraph (1)(B) is not 

20 made by July 31, 2011, the Secretary of Defense may, 

21 with the concurrence of the Secretary of State, use up 

22 to $75,000,000 of the funds made available under sub23 section (c) for the authority of subsection (a) for fiscal 

24 year 2011 to conduct or support a program or pro25 grams under the authority of subsection (a) to build 


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1 the capacity of the counter-terrorism forces of the 

2 Yemeni Ministry of Interior. 

3 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 

4 ‘‘(A) BY SECRETARY OF STATE.—The Sec5 retary of State shall notify the congressional 

6 committees specified in subsection (e)(3) when7 ever the Secretary of State makes a certification 

8 under paragraph (1)(B) for purposes of exer9 cising the authority of paragraph (1). 

10 ‘‘(B) BY SECRETARY OF DEFENSE.—The 

11 Secretary of Defense shall notify the congres12 sional committees specified in subsection (e)(3) 

13 whenever the Secretary of Defense exercises the 

14 authority of paragraph (2) to support or conduct 

15 a program or programs described in paragraph 

16 (2). 

17 ‘‘(C) CONTENTS.—A notification under sub18 paragraph (A) or (B) shall include a description 

19 of the program or programs to be conducted or 

20 supported under the authority of this sub21 section.’’. 

22 (d) ONE-YEAR EXTENSION OF AUTHORITY.—Sub23 section (h) of such section, as most recently amended by 

24 section 1206(c) of the Duncan Hunter National Defense Au25 thorization Act for Fiscal Year 2009 (Public Law 110–417; 


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1 122 Stat. 4625) and redesignated by subsection (c) of this 

2 section, is further amended by— 

3 (1) by striking ‘‘September 30, 2011’’ and insert4 ing ‘‘September 30, 2012’’; and 

5 (2) by striking ‘‘fiscal years 2006 through 2011’’ 

6 and inserting ‘‘fiscal years 2006 through 2012’’. 

7 SEC. 1204. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP 

8 FOR PEACE NATIONS TO PARTICIPATE IN THE 

9 EURO-NATO JOINT JET PILOT TRAINING PRO10 GRAM. 

11 (a) ESTABLISHMENT OF SCHOLARSHIP PROGRAM.— 

12 The Secretary of the Air Force shall establish and maintain 

13 a demonstration scholarship program to allow personnel of 

14 the air forces of countries that are signatories of the Part15 nership for Peace Framework Document to receive under16 graduate pilot training and necessary related training 

17 through the Euro-NATO Joint Jet Pilot Training 

18 (ENJJPT) program. The Secretary of the Air Force shall 

19 establish the program pursuant to regulations prescribed by 

20 the Secretary of Defense in consultation with the Secretary 

21 of State. 

22 (b) TRANSPORTATION, SUPPLIES, AND ALLOWANCE.— 

23 Under such conditions as the Secretary of the Air Force 

24 may prescribe, the Secretary may provide to a person re25 ceiving a scholarship under the scholarship program— 


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1 (1) transportation incident to the training re2 ceived under the ENJJPT program; 

3 (2) supplies and equipment to be used during the 

4 training; 

5 (3) flight clothing and other special clothing re6 quired for the training; 

7 (4) billeting, food, and health services; and 

8 (5) a living allowance at a rate to be prescribed 

9 by the Secretary, taking into account the amount of 

10 living allowances authorized for a member of the 

11 armed forces under similar circumstances. 

12 (c) RELATION TO EURO-NATO JOINT JET PILOT

13 TRAINING PROGRAM.— 

14 (1) ENJJPT STEERING COMMITTEE AUTHOR15 ITY.—Nothing in this section shall be construed or in16 terpreted to supersede the authority of the ENJJPT 

17 Steering Committee under the ENJJPT Memorandum 

18 of Understanding. Pursuant to the ENJJPT Memo19 randum of Understanding, the ENJJPT Steering 

20 Committee may resolve to forbid any airman or air21 men from a Partnership for Peace nation to partici22 pate in the Euro-NATO Joint Jet Pilot Training pro23 gram under the authority of a scholarship under this 

24 section. 


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1 (2) NO REPRESENTATION.—Countries whose air 

2 force personnel receive scholarships under the scholar3 ship program shall not have privilege of ENJJPT 

4 Steering Committee representation. 

5 (d) LIMITATION ON ELIGIBLE COUNTRIES.—The Sec6 retary of the Air Force may not use the authority in sub7 section (a) to provide assistance described in subsection (b) 

8 to any foreign country that is otherwise prohibited from 

9 receiving such type of assistance under the Foreign Assist10 ance Act of 1961 (22 U.S.C. 2151 et seq.) or any other pro11 vision of law. 

12 (e) COST-SHARING.—For purposes of ENJJPT cost13 sharing, personnel of an air force of a foreign country who 

14 receive a scholarship under the scholarship program may 

15 be counted as United States pilots. 

16 (f) PROGRESS REPORT.—Not later than February 1, 

17 2015, the Secretary of the Air Force shall submit to the con18 gressional defense committees, the Committee on Foreign Af19 fairs of the House of Representatives, and the Committee 

20 on Foreign Relations of the Senate a report on the status 

21 of the demonstration program, including the opinion of the 

22 Secretary and NATO allies on the benefits of the program 

23 and whether or not to permanently authorize the program 

24 or extend the program beyond fiscal year 2015. The report 

25 shall specify the following: 


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1 (1) The countries participating in the scholar2 ship program. 

3 (2) The total number of foreign pilots who re4 ceived scholarships under the scholarship program. 

5 (3) The amount expended on scholarships under 

6 the scholarship program. 

7 (4) The source of funding for scholarships under 

8 the scholarship program. 

9 (g) DURATION.—No scholarship may be awarded 

10 under the scholarship program after September 30, 2015. 

11 (h) FUNDING SOURCE.—Amounts to award scholar12 ships under the scholarship program shall be derived from 

13 amounts authorized to be appropriated for operation and 

14 maintenance for the Air Force. 

15 Subtitle B—Matters Relating to 

16 Iraq, Afghanistan, and Pakistan 

17 SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR 

18 CERTAIN PURPOSES RELATING TO IRAQ. 

19 No funds appropriated pursuant to an authorization 

20 of appropriations in this Act may be obligated or expended 

21 for a purpose as follows: 

22 (1) To establish any military installation or base 

23 for the purpose of providing for the permanent sta24 tioning of United States Armed Forces in Iraq. 


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1 (2) To exercise United States control of the oil 

2 resources of Iraq. 

3 SEC. 1212. COMMANDERS’ EMERGENCY RESPONSE PRO4 GRAM. 

5 (a) AUTHORITY FOR FISCAL YEAR 2011.—During fis6 cal year 2011, from funds made available to the Depart7 ment of Defense for operation and maintenance for such 

8 fiscal year— 

9 (1) not to exceed $100,000,000 may be used by 

10 the Secretary of Defense in such fiscal year to provide 

11 funds for the Commanders’ Emergency Response Pro12 gram in Iraq; and 

13 (2) not to exceed $800,000,000 may be used by 

14 the Secretary of Defense in such fiscal year to provide 

15 funds for the Commanders’ Emergency Response Pro16 gram in Afghanistan. 

17 (b) QUARTERLY REPORTS.— 

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

19 the end of each fiscal-year quarter of fiscal year 2011, 

20 the Secretary of Defense shall submit to the congres21 sional defense committees a report regarding the Com22 manders’ Emergency Response Program. 

23 (2) MATTERS TO BE INCLUDED.—The report re24 quired under paragraph (1) shall include the fol25 lowing: 


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1 (A) The allocation and use of funds under 

2 the Commanders’ Emergency Response Program 

3 or any other provision of law making funding 

4 available for the Commanders’ Emergency Re5 sponse Program during the fiscal-year quarter. 

6 (B) The dates of obligation and expenditure 

7 of such funds during the fiscal-year quarter. 

8 (C) A description of each project for which 

9 amounts in excess of $500,000 were obligated or 

10 expended during the fiscal-year quarter. 

11 (D) The dates of obligation and expenditure 

12 of funds under the Commanders’ Emergency Re13 sponse Program or any other provision of law 

14 making funding available for the Commanders’ 

15 Emergency Response Program for each of fiscal 

16 years 2004 through 2010. 

17 (3) MATTERS TO BE INCLUDED WITH RESPECT

18 TO COMMANDERS’ EMERGENCY RESPONSE PROGRAM

19 IN IRAQ.—The report required under paragraph (1) 

20 shall include the following with respect to the Com21 manders’ Emergency Response Program in Iraq: 

22 (A) A written statement by the Secretary of 

23 Defense, or the Deputy Secretary of Defense if 

24 the authority under subsection (f) is delegated to 

25 the Deputy Secretary of Defense, affirming that 


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1 the certification required under subsection (f) 

2 was issued for each project for which amounts in 

3 excess of $1,000,000 were obligated or expended 

4 during the fiscal-year quarter. 

5 (B) For each project listed in subparagraph 

6 (A), the following information: 

7 (i) A description and justification for 

8 carrying out the project. 

9 (ii) A description of the extent of in10 volvement by the Government of Iraq in the 

11 project, including— 

12 (I) the amount of funds provided 

13 by the Government of Iraq for the 

14 project; and 

15 (II) a description of the plan for 

16 the transition of such project upon 

17 completion to the people of Iraq and 

18 for the sustainment of any completed 

19 facilities, including any commitments 

20 by the Government of Iraq to sustain 

21 projects requiring the support of the 

22 Government of Iraq for sustainment. 

23 (iii) A description of the current status 

24 of the project, including, where appropriate, 

25 the projected completion date 


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1 (C) A description of the status of 

2 transitioning activities to the Government of 

3 Iraq, including— 

4 (i) the level of funding provided and 

5 expended by the Government of Iraq in pro6 grams designed to meet urgent humani7 tarian relief and reconstruction require8 ments that immediately assist the Iraqi peo9 ple; and 

10 (ii) a description of the progress made 

11 in transitioning the responsibility for the 

12 Sons of Iraq Program to the Government of 

13 Iraq. 

14 (c) SUBMISSION OF GUIDANCE.— 

15 (1) INITIAL SUBMISSION.—Not later than 30 

16 days after the date of the enactment of this Act, the 

17 Secretary of Defense shall submit to the congressional 

18 defense committees a copy of the guidance issued by 

19 the Secretary to the Armed Forces concerning the allo20 cation of funds through the Commanders’ Emergency 

21 Response Program. 

22 (2) MODIFICATIONS.—If the guidance in effect 

23 for the purpose stated in paragraph (1) is modified, 

24 the Secretary shall submit to the congressional defense 

25 committees a copy of the modification not later than 


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1 15 days after the date on which the Secretary makes 

2 the modification. 

3 (d) WAIVER AUTHORITY.—For purposes of exercising 

4 the authority provided by this section or any other provi5 sion of law making funding available for the Commanders’ 

6 Emergency Response Program, the Secretary of Defense 

7 may waive any provision of law not contained in this sec8 tion that would (but for the waiver) prohibit, restrict, limit, 

9 or otherwise constrain the exercise of that authority. 

10 (e) PROHIBITION ON CERTAIN PROJECTS UNDER COM11 MANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.— 

12 (1) PROHIBITION.—Except as provided in para13 graph (2), funds made available under this section for 

14 the Commanders’ Emergency Response Program in 

15 Iraq may not be obligated or expended to carry out 

16 any project if the total amount of such funds made 

17 available for the purpose of carrying out the project 

18 exceeds $2,000,000. 

19 (2) EXCEPTION.—The prohibition contained in 

20 paragraph (1) shall not apply with respect to funds 

21 managed or controlled by the Department of Defense 

22 that were otherwise provided by another department 

23 or agency of the United States Government, the Gov24 ernment of Iraq, the government of a foreign country, 

25 a foundation or other charitable organization (includVerDate Mar 15 2010 02:21 May 22, 2010 Jkt 089200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 ing a foundation or charitable organization that is 

2 organized or operates under the laws of a foreign 

3 country), or any source in the private sector of the 

4 United States or a foreign country. 

5 (3) WAIVER.—The Secretary of Defense may 

6 waive the prohibition contained in paragraph (1) if 

7 the Secretary— 

8 (A) determines that such a waiver is re9 quired to meet urgent humanitarian relief and 

10 reconstruction requirements that will imme11 diately assist the Iraqi people; and 

12 (B) submits in writing, within 15 days of 

13 issuing such waiver, to the congressional defense 

14 committees a notification of the waiver, together 

15 with a discussion of— 

16 (i) the unmet and urgent needs to be 

17 addressed by the project; and 

18 (ii) any arrangements between the 

19 Government of the United States and the 

20 Government of Iraq regarding the provision 

21 of Iraqi funds for carrying out and sus22 taining the project. 

23 (f) CERTIFICATION OF CERTAIN PROJECTS UNDER

24 THE COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN

25 IRAQ.— 


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1 (1) CERTIFICATION.—Funds made available 

2 under this section for the Commanders’ Emergency 

3 Response Program in Iraq may not be obligated or 

4 expended to carry out any project if the total amount 

5 of such funds made available for the purpose of car6 rying out the project exceeds $1,000,000 unless the 

7 Secretary of Defense certifies that the project address8 es urgent humanitarian relief and reconstruction re9 quirements that will immediately assist the Iraqi peo10 ple. 

11 (2) DELEGATION.—The Secretary may delegate 

12 the authority under paragraph (1) to the Deputy Sec13 retary of Defense. 

14 (g) DEFINITIONS.—In this section— 

15 (1) the term ‘‘Commanders’ Emergency Response 

16 Program’’ means— 

17 (A) with respect to Iraq, the program estab18 lished by the Administrator of the Coalition Pro19 visional Authority for the purpose of enabling 

20 United States military commanders in Iraq to 

21 respond to urgent humanitarian relief and re22 construction requirements within their areas of 

23 responsibility by carrying out programs that 

24 will immediately assist the Iraqi people; and 


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1 (B) with respect to Afghanistan, the pro2 gram established for Afghanistan for purposes 

3 similar to the program established for Iraq, as 

4 described in subparagraph (A); 

5 (2) the term ‘‘Commanders’ Emergency Response 

6 Program in Iraq’’ means the program described in 

7 paragraph (1)(A); and 

8 (3) the term ‘‘Commanders’ Emergency Response 

9 Program in Afghanistan’’ means the program de10 scribed in paragraph (1)(B). 

11 SEC. 1213. MODIFICATION OF AUTHORITY FOR REIMBURSE12 MENT TO CERTAIN COALITION NATIONS FOR 

13 SUPPORT PROVIDED TO UNITED STATES 

14 MILITARY OPERATIONS. 

15 (a) EXTENSION OF AUTHORITY.—Subsection (a) of sec16 tion 1233 of the National Defense Authorization Act for Fis17 cal Year 2008 (Public Law 110–181; 122 Stat. 393), as 

18 amended by section 1223 of the National Defense Authoriza19 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

20 Stat. 2519), is further amended— 

21 (1) in the matter preceding paragraph (1), by 

22 striking ‘‘2010’’ and inserting ‘‘2011’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(3) Logistical and military support provided by 

25 that nation to confront the threat posed by al’Qaida, 


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1 the Taliban, and other militant extremists in Paki2 stan.’’. 

3 (b) LIMITATION ON AMOUNT.—Subsection (d)(1) of 

4 such section is amended by striking ‘‘2010’’ and inserting 

5 ‘‘2011’’. 

6 SEC. 1214. MODIFICATION OF REPORT ON RESPONSIBLE 

7 REDEPLOYMENT OF UNITED STATES ARMED 

8 FORCES FROM IRAQ. 

9 (a) REPORT REQUIRED.—Subsection (a) of section 

10 1227 of the National Defense Authorization Act for Fiscal 

11 Year 2010 (Public Law 111–84; 123 Stat. 2525; 50 U.S.C. 

12 1541 note) is amended— 

13 (1) by striking ‘‘December 31, 2009’’ and insert14 ing ‘‘December 31, 2010’’; and 

15 (2) by striking ‘‘90 days thereafter’’ and insert16 ing ‘‘180 days thereafter’’. 

17 (b) ELEMENTS.—Subsection (b) of such section is 

18 amended— 

19 (1) in paragraph (5), by striking ‘‘Multi-Na20 tional Force–Iraq’’ each place it occurs and inserting 

21 ‘‘United States Forces–Iraq’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(6) An assessment of progress to transfer re24 sponsibility of programs, projects, and activities car25 ried out in Iraq by the Department of Defense to 


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1 other United States Government departments and 

2 agencies, international or nongovernmental entities, 

3 or the Government of Iraq. The assessment should in4 clude a description of the numbers and categories of 

5 programs, projects, and activities for which such other 

6 entities have taken responsibility or which have been 

7 discontinued by the Department of Defense. The as8 sessment should also include a discussion of any dif9 ficulties or barriers in transitioning such programs, 

10 projects, and activities and what, if any, solutions 

11 have been developed to address such difficulties or 

12 barriers. 

13 ‘‘(7) An assessment of progress toward the goal 

14 of establishing those minimum essential capabilities 

15 determined by the Secretary of Defense as necessary 

16 to allow the Government of Iraq to provide for its 

17 own internal and external defense, including a de18 scription of— 

19 ‘‘(A) such capabilities both extant and re20 maining to be developed; 

21 ‘‘(B) major military equipment necessary to 

22 achieve such capabilities; 

23 ‘‘(C) the level and type of support provided 

24 by the United States to address shortfalls in such 

25 capabilities; and 


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1 ‘‘(D) the level of commitment, both financial 

2 and political, made by the Government of Iraq 

3 to develop such capabilities, including a discus4 sion of resources used by the Government of Iraq 

5 to develop capabilities that the Secretary deter6 mines are not minimum essential capabilities for 

7 purposes of this paragraph. 

8 ‘‘(8) An assessment of the anticipated level and 

9 type of support to be provided by United States spe10 cial operations forces to the Government of Iraq and 

11 Iraqi special operations forces during the redeploy12 ment of United States conventional forces from Iraq. 

13 The assessment should include a listing of anticipated 

14 organic support, organic combat service support, and 

15 additional critical enabling asset requirements for 

16 United States special operations forces and Iraqi spe17 cial operations forces, to include engineers, rotary 

18 aircraft, logisticians, communications assets, informa19 tion support specialists, forensic analysts, and intel20 ligence, surveillance, and reconnaissance assets needed 

21 through December 31, 2011.’’. 

22 (c) SECRETARY OF STATE COMMENTS.—Such section 

23 is further amended by striking subsection (c) and inserting 

24 the following: 


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1 ‘‘(c) SECRETARY OF STATE COMMENTS.—Prior to sub2 mitting the report required under subsection (a), the Sec3 retary of Defense shall provide a copy of the report to the 

4 Secretary of State for review. At the request of the Secretary 

5 of State, the Secretary of Defense shall include an appendix 

6 to the report which contains any comments or additional 

7 information that the Secretary of State requests.’’. 

8 (d) FORM.—Subsection (d) of such section is amended 

9 by striking ‘‘, whether or not included in another report 

10 on Iraq submitted to Congress by the Secretary of Defense,’’. 

11 (e) TERMINATION.—Such section is further amended 

12 by adding at the end the following: 

13 ‘‘(f) TERMINATION.—The requirement to submit the re14 port required under subsection (a) shall terminate on Sep15 tember 30, 2012.’’. 

16 (f) REPEAL OF OTHER REPORTING REQUIREMENTS.— 

17 The following provisions of law are hereby repealed: 

18 (1) Section 1227 of the National Defense Author19 ization Act for Fiscal Year 2006 (Public Law 109– 

20 163; 119 Stat. 3465; 50 U.S.C. 1541 note) (as amend21 ed by section 1223 of the National Defense Authoriza22 tion Act for Fiscal Year 2008 (Public Law 110–181; 

23 122 Stat. 373)). 


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1 (2) Section 1225 of the National Defense Author2 ization Act for Fiscal Year 2008 (Public Law 110– 

3 181; 122 Stat. 375). 

4 SEC. 1215. MODIFICATION OF REPORTS RELATING TO AF5 GHANISTAN. 

6 (a) REPORT ON PROGRESS TOWARD SECURITY AND

7 STABILITY IN AFGHANISTAN.— 

8 (1) REPORT REQUIRED.—Subsection (a) of sec9 tion 1230 of the National Defense Authorization Act 

10 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

11 385), as amended by section 1236 of the National De12 fense Authorization Act for Fiscal Year 2010 (Public 

13 Law 111–84; 123 Stat. 2535), is further amended by 

14 striking ‘‘2011’’ and inserting ‘‘2012’’. 

15 (2) MATTERS TO BE INCLUDED: STRATEGIC DI16 RECTION OF UNITED STATES ACTIVITIES RELATING TO

17 SECURITY AND STABILITY IN AFGHANISTAN.—Sub18 section (c) of such section is amended by adding at 

19 the end the following: 

20 ‘‘(8) CONDITIONS NECESSARY FOR ACHIEVEMENT

21 OF PROGRESS.—A discussion of the conditions and 

22 criteria that would need to exist in key districts and 

23 across Afghanistan to— 

24 ‘‘(A) meet United States and coalition goals 

25 in Afghanistan and the region; 


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1 ‘‘(B) permit the transition of lead security 

2 responsibility in key districts to the Government 

3 of Afghanistan; and 

4 ‘‘(C) permit the redeployment of United 

5 States Armed Forces and coalition forces from 

6 Afghanistan.’’. 

7 (3) MATTERS TO BE INCLUDED: PERFORMANCE

8 INDICATORS AND MEASURES OF PROGRESS TOWARD

9 SUSTAINABLE LONG-TERM SECURITY AND STABILITY

10 IN AFGHANISTAN.—Subsection (d) of such section is 

11 amended by adding at the end the following: 

12 ‘‘(3) CONDITIONS NECESSARY FOR ACHIEVEMENT

13 OF PROGRESS.—With respect to each performance in14 dicator and measure of progress specified in para15 graph (2) (A) through (L), the report shall include a 

16 description of the conditions that would need to exist 

17 in Afghanistan for the Secretary of Defense to con18 clude that such indicator or measure of progress has 

19 been achieved.’’. 

20 (b) UNITED STATES PLAN FOR SUSTAINING THE AF21 GHANISTAN NATIONAL SECURITY FORCES.—Section 

22 1231(a) of the National Defense Authorization Act for Fis23 cal Year 2008 (Public Law 110–181; 122 Stat. 390) is 

24 amended by striking ‘‘2010’’ and inserting ‘‘2012’’. 


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1 SEC. 1216. NO PERMANENT MILITARY BASES IN AFGHANI2 STAN. 

3 None of the funds authorized to be appropriated by this 

4 Act may be obligated or expended by the United States Gov5 ernment to establish any military installation or base for 

6 the purpose of providing for the permanent stationing of 

7 United States Armed Forces in Afghanistan. 

8 SEC. 1217. AUTHORITY TO USE FUNDS FOR REINTEGRATION 

9 ACTIVITIES IN AFGHANISTAN. 

10 (a) AUTHORITY.—If a certification described in sub11 section (b) is made in accordance with such subsection, the 

12 Secretary of Defense may utilize not more than $50,000,000 

13 from funds made available to the Department of Defense 

14 for operations and maintenance for fiscal year 2011 to sup15 port in those areas of Afghanistan specified in the certifi16 cation the reintegration into Afghan society of those indi17 viduals who— 

18 (1) have ceased all support to the insurgency in 

19 Afghanistan; 

20 (2) have agreed to live in accordance with the 

21 Constitution of Afghanistan; 

22 (3) have renounced violence against the Govern23 ment of Afghanistan and its international partners; 

24 and 

25 (4) do not have material ties to al Qaeda or af26 filiated transnational terrorist organizations. 


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1 (b) CERTIFICATION.—A certification described in this 

2 subsection is a certification made by the Secretary of State, 

3 in coordination with the Administrator of United States 

4 Agency for International Development, to the appropriate 

5 congressional committees stating that it is necessary for the 

6 Department of Defense to carry out a program of reintegra7 tion in areas of Afghanistan that are specified by the Sec8 retary of State in the certification. Such certification shall 

9 include— 

10 (1) a statement that such program is necessary 

11 to support the goals of the United States in Afghani12 stan; and 

13 (2) a certification that the Department of State 

14 and the United States Agency for International De15 velopment are unable to carry out a similar program 

16 of reintegration in the areas specified by the Sec17 retary of State because of the security environment of 

18 such areas or for other reasons. 

19 (c) SUBMISSION OF GUIDANCE.— 

20 (1) INITIAL SUBMISSION.—Not later than 30 

21 days after the date of the enactment of this Act, the 

22 Secretary of Defense, with the concurrence of the Sec23 retary of State, shall submit to the appropriate con24 gressional committees a copy of the guidance issued 

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1 cerning the allocation of funds utilizing the authority 

2 of subsection (a). Such guidance shall include— 

3 (A) mechanisms for coordination with the 

4 Government of Afghanistan and other United 

5 States Government departments and agencies as 

6 appropriate; 

7 (B) mechanisms to track the status of those 

8 individuals described in subsection (a); and 

9 (C) metrics to monitor and evaluate the im10 pact of funds used pursuant to subsection (a). 

11 (2) MODIFICATIONS.—If the guidance in effect 

12 for the purpose stated in paragraph (1) is modified, 

13 the Secretary of Defense, with the concurrence of the 

14 Secretary of State, shall submit to the appropriate 

15 congressional committees a copy of the modification 

16 not later than 15 days after the date on which such 

17 modification is made. 

18 (d) QUARTERLY REPORTS.—The Secretary of Defense 

19 shall submit to the appropriate congressional committees a 

20 report on activities carried out utilizing the authority of 

21 subsection (a). 

22 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘appropriate congres24 sional committees’’ means— 

25 (1) the congressional defense committees; and 


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1 (2) the Committee on Foreign Affairs of the 

2 House of Representative and the Committee on For3 eign Relations of the Senate. 

4 (f) EXPIRATION.—The authority to utilize funds under 

5 subsection (a) shall expire at the close of December 31, 2011. 

6 SEC. 1218. ONE-YEAR EXTENSION OF PAKISTAN COUNTER7 INSURGENCY FUND. 

8 Section 1224(h) of the National Defense Authorization 

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

10 2521) is amended by striking ‘‘September 30, 2010’’ both 

11 places it appears and inserting ‘‘September 30, 2011’’. 

12 SEC. 1219. AUTHORITY TO USE FUNDS TO PROVIDE SUP13 PORT TO COALITION FORCES SUPPORTING 

14 MILITARY AND STABILITY OPERATIONS IN 

15 IRAQ AND AFGHANISTAN. 

16 (a) AUTHORITY.—Notwithstanding section 127d(c) of 

17 title 10, United States Code, up to $400,000,000 of the 

18 funds available to the Department of Defense by section 

19 1509 of this Act may be used to provide supplies, services, 

20 transportation, including airlift and sealift, and other 

21 logistical support to coalition forces supporting military 

22 and stability operations in Iraq and Afghanistan. 

23 (b) QUARTERLY REPORTS.—The Secretary of Defense 

24 shall submit quarterly reports to the congressional defense 

25 committees regarding support provided under this section. 


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1 SEC. 1220. REQUIREMENT TO PROVIDE UNITED STATES BRI2 GADE AND EQUIVALENT UNITS DEPLOYED TO 

3 AFGHANISTAN WITH THE COMMENSURATE 

4 LEVEL OF UNIT AND THEATER-WIDE COMBAT 

5 ENABLERS. 

6 (a) STATEMENT OF POLICY.—It is the policy of the 

7 United States to provide each United States brigade and 

8 equivalent units deployed to Afghanistan with the commen9 surate level of unit and theater-wide combat enablers to— 

10 (1) implement the United States strategy to dis11 rupt, dismantle, and defeat al Qaeda, the Taliban, 

12 and their affiliated networks and eliminate their safe 

13 haven; 

14 (2) achieve the military campaign plan; 

15 (3) minimize the level risk to United States, coa16 lition, and Afghan forces; and 

17 (4) reduce the number of military and civilian 

18 casualties. 

19 (b) REQUIREMENT.—In order to achieve the policy ex20 pressed in subsection (a), the Secretary of Defense shall pro21 vide each United States brigade and equivalent units de22 ployed to Afghanistan with the commensurate level of unit 

23 and theater-wide combat enablers. 

24 (c) REPORT.—Not later than 30 days after the date 

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


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1 submit to the Committees on Armed Services of the Senate 

2 and House of Representatives a report containing— 

3 (1) a description of United States Forces–Af4 ghanistan requests for forces for fiscal years 2008, 

5 2009, and 2010; 

6 (2) a description of the current troop-to-task 

7 analysis and resource requirements; 

8 (3) the number of United States brigade and 

9 equivalent units deployed to Afghanistan; 

10 (4) the number of United States unit and the11 ater-wide combat enablers deployed to Afghanistan, 

12 including at a minimum, a breakdown of— 

13 (A) Intelligence, Surveillance, and Recon14 naissance (ISR); 

15 (B) force protection, including force protec16 tion at each United States Forward Operating 

17 Base (FOB); and 

18 (C) medical evacuation (MEDEVAC); and 

19 (5) an assessment of the risk to United States, 

20 coalition, and Afghan forces based on a lack of com21 bat enablers. 

22 (d) COMBAT ENABLERS DEFINED.—In this section, the 

23 term ‘‘combat enablers’’ includes— 

24 (1) Intelligence, Surveillance, and Reconnais25 sance (ISR); 


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1 (2) force protection, including force protection at 

2 each United States Forward Operating Base (FOB); 

3 (3) medical evacuation (MEDEVAC); and 

4 (4) any other combat enablers as determined by 

5 the Secretary of Defense. 

6 Subtitle C—Other Matters 

7 SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION 

8 CENTER. 

9 Section 1244(a) of the National Defense Authorization 

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

11 2541) is amended— 

12 (1) by striking ‘‘fiscal year 2010’’ and inserting 

13 ‘‘fiscal year 2011’’; and 

14 (2) by striking ‘‘$30,000,000’’ and inserting 

15 ‘‘$50,000,000’’. 

16 SEC. 1232. NATIONAL MILITARY STRATEGIC PLAN TO 

17 COUNTER IRAN. 

18 (a) NATIONAL MILITARY STRATEGIC PLAN RE19 QUIRED.—The Secretary of Defense shall develop a strategic 

20 plan, to be known as the ‘‘National Military Strategic Plan 

21 to Counter Iran’’. The strategic plan shall— 

22 (1) outline the Department of Defense’s strategic 

23 planning and provide strategic guidance for military 

24 activities and operations that support the United 


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1 States policy objective of countering threats posed by 

2 Iran; 

3 (2) identify the direct and indirect military con4 tribution to this policy objective, and constitute the 

5 comprehensive military plan to counter threats posed 

6 by Iran; 

7 (3) undertake a review of the intelligence in the 

8 possession of the Department of Defense to develop a 

9 list of gaps in intelligence that limit the ability of the 

10 Department of Defense to counter threats emanating 

11 from Iran that the Secretary considers to be critical; 

12 (4) shall develop a plan to address those gaps 

13 identified in the review under paragraph (3); and 

14 (5) undertake a review of the plans of the De15 partment of Defense to counter threats to the United 

16 States, its forces, allies, and interests from Iran, in17 cluding— 

18 (A) plans for both conflict and peace; 

19 (B) contributions of the Department of De20 fense to the efforts of other agencies of the United 

21 States Government to counter or address the 

22 threat emanating from Iran; and 

23 (C) any gaps in the plans, capabilities and 

24 authorities of the Department. 


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1 (b) PLAN.—In addition to the plan required under 

2 subsection (a), the Secretary of Defense shall develop a plan 

3 to address those gaps identified in the review required in 

4 subsection (a)(5). The plan shall guide the planning and 

5 actions of the relevant combatant commands, the military 

6 departments, and combat support agencies that the Sec7 retary of Defense determines have a role in countering 

8 threats posed by Iran. 

9 (c) REPORT TO CONGRESS.— 

10 (1) IN GENERAL.—Not later than the date on 

11 which the President submits to Congress the budget 

12 for a fiscal year under section 1105 of title 31, United 

13 States Code, the Secretary of Defense shall submit to 

14 the congressional defense committees a report identi15 fying and justifying any resources, capabilities, legis16 lative authorities, or changes to current law the Sec17 retary believes are necessary to carry out the plan re18 quired under subsection (b) to address the gaps iden19 tified in the strategic plan required in subsection (a). 

20 (2) FORM.—The report required in paragraph 

21 (1) shall be in unclassified form, but may include a 

22 classified annex. 


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1 SEC. 1233. REPORT ON DEPARTMENT OF DEFENSE’S PLANS 

2 TO REFORM THE EXPORT CONTROL SYSTEM. 

3 (a) REPORT REQUIRED.—Not later than 60 days after 

4 the date of the enactment of this Act, the Secretary of De5 fense shall submit to the appropriate congressional commit6 tees a report on the Department of Defense’s plans to reform 

7 the Department’s export control system. 

8 (b) MATTERS TO BE INCLUDED.—The report required 

9 under subsection (a) shall include— 

10 (1) a description of the plans of the Department 

11 of Defense to implement Presidential Study Directive 

12 8; and 

13 (2) an assessment of the extent to which the 

14 plans to reform the export control system will— 

15 (A) impact the Defense Technology Security 

16 Administration of the Department of Defense; 

17 (B) affect the role of the Department of De18 fense with respect to export control policy; and 

19 (C) ensure greater protection and moni20 toring of key defense items and technologies. 

21 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE22 FINED.—In this section, the term ‘‘appropriate congres23 sional committees’’ means— 

24 (1) the Committee on Armed Services and the 

25 Committee on Foreign Affairs of the House of Rep26 resentatives; and 


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1 (2) the Committee on Armed Services and the 

2 Committee on Foreign Relations of the Senate. 

3 SEC. 1234. REPORT ON UNITED STATES EFFORTS TO DE4 FEND AGAINST THREATS POSED BY THE AD5 VANCED ANTI-ACCESS CAPABILITIES OF PO6 TENTIALLY HOSTILE FOREIGN COUNTRIES. 

7 (a) CONGRESSIONAL FINDING.—Congress finds that 

8 the report of the 2010 Department of Defense Quadrennial 

9 Defense Review finds that ‘‘Anti-access strategies seek to 

10 deny outside countries the ability to project power into a 

11 region, thereby allowing aggression or other destabilizing 

12 actions to be conducted by the anti-access power. Without 

13 dominant capabilities to project power, the integrity of U.S. 

14 alliances and security partnerships could be called into 

15 question, reducing U.S. security and influence and increas16 ing the possibility of conflict.’’. 

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

18 that, in light of the finding in subsection (a), the Secretary 

19 of Defense should ensure that the United States has the ap20 propriate authorities, capabilities, and force structure to de21 fend against any threats posed by the advanced anti-access 

22 capabilities of potentially hostile foreign countries. 

23 (c) REPORT.—Not later than April 1, 2011, the Sec24 retary of Defense shall submit to the Committees on Armed 

25 Services of the Senate and the House of Representatives a 


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1 report on United States efforts to defend against any threats 

2 posed by the advanced anti-access capabilities of potentially 

3 hostile foreign countries. 

4 (d) MATTERS TO BE INCLUDED.—The report required 

5 under subsection (c) shall include the following: 

6 (1) An assessment of any threats posed by the 

7 advanced anti-access capabilities of potentially hostile 

8 foreign countries, including an identification of the 

9 foreign countries with such capabilities, the nature of 

10 such capabilities, and the possible advances in such 

11 capabilities over the next 10 years. 

12 (2) A description of any efforts by the Depart13 ment of Defense since the release of the 2010 Quadren14 nial Defense Review to address the finding in sub15 section (a). 

16 (3) A description of the authorities, capabilities, 

17 and force structure that the United States may re18 quire over the next 10 years to address the finding in 

19 subsection (a). 

20 (e) FORM.—The report required under subsection (c) 

21 shall be submitted in unclassified form, but may contain 

22 a classified annex if necessary. 

23 (f) MODIFICATION OF OTHER REPORTS.— 

24 (1) CONCERNING THE PEOPLE’S REPUBLIC OF

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1 thorization Act for Fiscal Year 2000 (Public Law 

2 106–65; 113 Stat. 781; 10 U.S.C. 113 note), as most 

3 recently amended by section 1246 of the National De4 fense Authorization Act for Fiscal Year 2010 (Public 

5 Law 111–84; 123 Stat. 2544), is further amended— 

6 (A) by redesignating paragraphs (10) 

7 through (12) as paragraphs (11) through (13), 

8 respectively; and 

9 (B) by inserting after paragraph (9) the fol10 lowing: 

11 ‘‘(10) Developments in China’s anti-access and 

12 area denial capabilities.’’. 

13 (2) CONCERNING IRAN.—Section 1245(b) of the 

14 National Defense Authorization Act for Fiscal Year 

15 2010 (Public Law 111–84; 123 Stat. 2542) is amend16 ed by adding at the end the following: 

17 ‘‘(5) A description and assessment of Iran’s anti18 access and area denial strategy and capabilities.’’. 

19 SEC. 1235. REPORT ON FORCE STRUCTURE CHANGES IN 

20 COMPOSITION AND CAPABILITIES AT MILI21 TARY INSTALLATIONS IN EUROPE. 

22 (a) REPORT REQUIRED.—Not later than one year 

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

24 of Defense, in coordination with the Secretary of State, shall 

25 submit to the appropriate congressional committees a report 


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1 evaluating potential changes in the composition and capa2 bilities of units of the United States Armed Forces at mili3 tary installations in European member nations of the North 

4 Atlantic Treaty Organization— 

5 (1) to satisfy the commitments undertaken by 

6 United States pursuant to Article 5 of the North At7 lantic Treaty, signed at Washington, District of Co8 lumbia, on April 4, 1949, and entered into force on 

9 August 24, 1949 (63 Stat. 2241; TIAS 1964); 

10 (2) to address the current security environment 

11 in Europe, including United States participation in 

12 theater cooperation activities; and 

13 (3) to contribute to peace and stability in Eu14 rope. 

15 (b) MATTERS TO BE CONSIDERED.—As part of the re16 port, the Secretary of Defense shall consider— 

17 (1) the stationing of advisory and assist brigades 

18 at military installations in Europe; 

19 (2) the expanded use of Joint Task Forces to 

20 train and build mutual capabilities with partner 

21 countries; and 

22 (3) the stationing of units of the United States 

23 Armed Forces to support missile defense and cyber-se24 curity missions. 


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1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means— 

4 (1) the Committee on Armed Services and the 

5 Committee on Foreign Affairs of the House of Rep6 resentatives; and 

7 (2) the Committee on Armed Services and the 

8 Committee on Foreign Relations of the Senate. 

9 SEC. 1236. SENSE OF CONGRESS ON MISSILE DEFENSE AND 

10 NEW START TREATY WITH RUSSIAN FEDERA11 TION. 

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

13 (1) The United States and the Russian Federa14 tion signed the Treaty between the United States of 

15 America and the Russian Federation on Measures for 

16 the Further Reduction and Limitation of Strategic 

17 Offensive Arms (commonly known as the ‘‘New 

18 START Treaty’’) on April 8, 2010. 

19 (2) The preamble of the New START Treaty 

20 states, ‘‘Recognizing the existence of the interrelation21 ship between strategic offensive arms and strategic de22 fensive arms, that this interrelationship will become 

23 more important as strategic nuclear arms are re24 duced, and that current strategic defensive arms do 


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1 not undermine the viability and effectiveness of the 

2 strategic offensive arms of the Parties.’’. 

3 (3) Officials of the United States have stated that 

4 the New START Treaty does not constrain the missile 

5 defenses of the United States and according to the 

6 New START Treaty U.S. Congressional Briefing 

7 Book of April, 2010, released by the Department of 

8 State and the Department of Defense, ‘‘The United 

9 States will continue to invest in improvements to both 

10 strategic and theater missile defenses, both quali11 tatively and quantitatively, as needed for our security 

12 and the security of our allies.’’. 

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

14 that— 

15 (1) as stated by officials of the United States, 

16 there would be no limitations on any phase of the 

17 phased, adaptive approach to missile defense in Eu18 rope resulting from ratification of the New START 

19 treaty between the United States and Russia, signed 

20 on 8 April 2010; 

21 (2) the United States should deploy the phased, 

22 adaptive approach for missile defense in Europe to 

23 protect the United States, its deployed forces, and 

24 NATO allies, after appropriate testing and consistent 

25 with NATO policy; and 


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1 (3) the ground-based midcourse defense system in 

2 Alaska and California should be maintained, evolved, 

3 and appropriately tested because it is the only missile 

4 defense capability as of the date of the enactment of 

5 this Act that would protect the United States from the 

6 growing threat of a long-range ballistic missile attack. 

7 TITLE XIII—COOPERATIVE 

8 THREAT REDUCTION 

9 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE10 DUCTION PROGRAMS AND FUNDS. 

11 (a) SPECIFICATION OF COOPERATIVE THREAT REDUC12 TION PROGRAMS.—For purposes of section 301 and other 

13 provisions of this Act, Cooperative Threat Reduction pro14 grams are the programs specified in section 1501 of the Na15 tional Defense Authorization Act for Fiscal Year 1997 (50 

16 U.S.C. 2362 note). 

17 (b) FISCAL YEAR 2011 COOPERATIVE THREAT REDUC18 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis19 cal year 2011 Cooperative Threat Reduction funds’’ means 

20 the funds appropriated pursuant to the authorization of ap21 propriations in section 301 for Cooperative Threat Reduc22 tion programs. 

23 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

24 pursuant to the authorization of appropriations in section 

25 301 for Cooperative Threat Reduction programs shall be 


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1 available for obligation for fiscal years 2011, 2012, and 

2 2013. 

3 SEC. 1302. FUNDING ALLOCATIONS. 

4 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

5 $522,512,000 authorized to be appropriated to the Depart6 ment of Defense for fiscal year 2011 in section 301(20) for 

7 Cooperative Threat Reduction programs, the following 

8 amounts may be obligated for the purposes specified: 

9 (1) For strategic offensive arms elimination in 

10 Russia, $66,732,000. 

11 (2) For strategic nuclear arms elimination in 

12 Ukraine, $6,800,000. 

13 (3) For nuclear weapons storage security in Rus14 sia, $9,614,000. 

15 (4) For nuclear weapons transportation security 

16 in Russia, $45,000,000. 

17 (5) For weapons of mass destruction prolifera18 tion prevention in the states of the former Soviet 

19 Union, $79,821,000. 

20 (6) For biological threat reduction in the former 

21 Soviet Union, $209,034,000. 

22 (7) For chemical weapons destruction, 

23 $3,000,000. 

24 (8) For defense and military contacts, 

25 $5,000,000. 


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1 (9) For Global Nuclear Lockdown, $74,471,000. 

2 (10) For activities designated as Other Assess3 ments/Administrative Costs, $23,040,000. 

4 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

5 FUNDS FOR OTHER PURPOSES.—No fiscal year 2011 Coop6 erative Threat Reduction funds may be obligated or ex7 pended for a purpose other than a purpose listed in para8 graphs (1) through (10) of subsection (a) until 15 days after 

9 the date that the Secretary of Defense submits to Congress 

10 a report on the purpose for which the funds will be obligated 

11 or expended and the amount of funds to be obligated or ex12 pended. Nothing in the preceding sentence shall be construed 

13 as authorizing the obligation or expenditure of fiscal year 

14 2011 Cooperative Threat Reduction funds for a purpose for 

15 which the obligation or expenditure of such funds is specifi16 cally prohibited under this title or any other provision of 

17 law. 

18 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

19 AMOUNTS.— 

20 (1) IN GENERAL.—Subject to paragraph (2), in 

21 any case in which the Secretary of Defense determines 

22 that it is necessary to do so in the national interest, 

23 the Secretary may obligate amounts appropriated for 

24 fiscal year 2011 for a purpose listed in paragraphs 


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1 (1) through (10) of subsection (a) in excess of the spe2 cific amount authorized for that purpose. 

3 (2) NOTICE-AND-WAIT REQUIRED.—An obligation 

4 of funds for a purpose stated in paragraphs (1) 

5 through (10) of subsection (a) in excess of the specific 

6 amount authorized for such purpose may be made 

7 using the authority provided in paragraph (1) only 

8 after— 

9 (A) the Secretary submits to Congress noti10 fication of the intent to do so together with a 

11 complete discussion of the justification for doing 

12 so; and 

13 (B) 15 days have elapsed following the date 

14 of the notification. 

15 TITLE XIV—OTHER 

16 AUTHORIZATIONS 

17 Subtitle A—Military Programs 

18 SEC. 1401. WORKING CAPITAL FUNDS. 

19 Funds are hereby authorized to be appropriated for fis20 cal year 2011 for the use of the Armed Forces and other 

21 activities and agencies of the Department of Defense for 

22 providing capital for working capital and revolving funds 

23 in amounts as follows: 

24 (1) For the Defense Working Capital Funds, 

25 $160,965,000. 


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1 (2) For the Defense Working Capital Fund, De2 fense Commissary, $1,273,571,000. 

3 SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BAL4 ANCES. 

5 (a) STUDY REQUIRED.—Not later than 30 days after 

6 the date of the enactment of this Act, the Secretary of De7 fense shall seek to enter into a contract with a federally 

8 funded research and development center with appropriate 

9 expertise in revolving fund financial management to carry 

10 out a study to determine a sufficient operational level of 

11 cash that each revolving fund of the Department of Defense 

12 should maintain in order to sustain a single rate or price 

13 throughout the fiscal year. 

14 (b) CONTENTS OF STUDY.—In carrying out a study 

15 pursuant to a contract entered into under subsection (a), 

16 the federally funded research and development center 

17 shall— 

18 (1) qualitatively analyze the operational require19 ments and inherent risks associated with maintaining 

20 a specific level of cash within each revolving fund of 

21 the Department; 

22 (2) for each such revolving fund, take into con23 sideration any effects on appropriation accounts that 

24 have occurred due to changes made in the rates 

25 charged by the fund during a fiscal year; 


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1 (3) take into consideration direct input from the 

2 Secretary of Defense and officials of each of the mili3 tary departments with leadership responsibility for fi4 nancial management; 

5 (4) examine the guidance provided and regula6 tions prescribed by the Secretary of Defense and the 

7 Secretary of each of the military departments, as in 

8 effect on the date of the enactment of this Act, includ9 ing such guidance with respect to programming and 

10 budgeting and the annual budget displays provided to 

11 Congress; 

12 (5) examine the effects on appropriations ac13 counts that have occurred due to congressional adjust14 ments relating to excess cash balances in revolving 

15 funds; 

16 (6) identify best business practices from the pri17 vate sector relating to sufficient cash balance reserves; 

18 (7) examine any relevant applicable laws, in19 cluding the relevant body of work performed by the 

20 Government Accountability Office; and 

21 (8) address— 

22 (A) instances where the fiscal policy of the 

23 Department of Defense directly follows the law, 

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1 strictive with respect to the fiscal management of 

2 revolving funds than such law requires; 

3 (B) instances where current Department fis4 cal policy restricts the capability of a revolving 

5 fund to achieve the most economical and efficient 

6 organization and operation of activities; 

7 (C) fiscal policy adjustments required to 

8 comply with recommendations provided in the 

9 study, including proposed adjustments to— 

10 (i) the Department of Defense Finan11 cial Management Regulation; 

12 (ii) published service regulations and 

13 instructions; and 

14 (iii) major command fiscal guidance; 

15 and 

16 (D) such other matters as determined rel17 evant by the center carrying out the study. 

18 (c) AVAILABILITY OF INFORMATION.—The Secretary of 

19 Defense and the Secretary of each of the military depart20 ments shall make available to a federally funded research 

21 and development center carrying out a study pursuant to 

22 a contract entered into under subsection (a) all necessary 

23 and relevant information to allow the center to conduct the 

24 study in a quantitative and analytical manner. 


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1 (d) REPORT.—Any contract entered into under sub2 section (a) shall provide that not later than nine months 

3 after the date on which the Secretary of Defense enters into 

4 the contract, the chief executive officer of the entity that car5 ries out the study pursuant to the contract shall submit to 

6 the Committees on Armed Services of the Senate and House 

7 of Representatives and the Secretary of Defense a final re8 port on the study. The report shall include each of the fol9 lowing: 

10 (1) A description of the revolving fund environ11 ment, as of the date of the conclusion of the study, 

12 and the anticipated future environment, together with 

13 the quantitative data used in conducting the assess14 ment of such environments under the study. 

15 (2) Recommended fiscal policy adjustments to 

16 support the initiatives identified in the study, includ17 ing adjustments to— 

18 (A) the Department of Defense Financial 

19 Management Regulation; 

20 (B) published service regulations and in21 structions; and 

22 (C) major command fiscal guidance. 

23 (3) Recommendations with respect to any 

24 changes to any applicable law that would be approVerDate Mar 15 2010 02:21 May 22, 2010 Jkt 089200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 priate to support the initiatives identified in the 

2 study. 

3 (e) SUBMITTAL OF COMMENTS.—Not later than 90 

4 days after the date of the submittal of the report under sub5 section (d), the Secretary of Defense and the Secretaries of 

6 each of the military departments shall submit to the Com7 mittees on Armed Services of the Senate and House of Rep8 resentatives comments on the findings and recommenda9 tions contained in the report. 

10 SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL 

11 FUND REQUIREMENTS. 

12 Section 2208 of title 10, United States Code, is amend13 ed— 

14 (1) in subsection (c)(1), by striking ‘‘or used’’ 

15 and inserting ‘‘used, or developed through continuous 

16 technology refreshment’’; and 

17 (2) in subsection (k)(2), by striking ‘‘$100,000’’ 

18 and inserting ‘‘$250,000’’. 

19 SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITH20 IN THE PENTAGON RESERVATION MAINTE21 NANCE REVOLVING FUND. 

22 Not later than 60 days after the date of the enactment 

23 of this Act, the Secretary of Defense shall transfer 

24 $77,000,000 from the unobligated balances of the Pentagon 

25 Reservation Maintenance Revolving Fund established under 


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1 section 2674(e) of title 10, United States Code, to the Mis2 cellaneous Receipts Fund of the United States Treasury. 

3 SEC. 1405. NATIONAL DEFENSE SEALIFT FUND. 

4 Funds are hereby authorized to be appropriated for the 

5 fiscal year 2011 for the National Defense Sealift Fund in 

6 the amount of $934,866,000. 

7 SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUC8 TION, DEFENSE. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

10 hereby authorized to be appropriated for the Department 

11 of Defense for fiscal year 2011 for expenses, not otherwise 

12 provided for, for Chemical Agents and Munitions Destruc13 tion, Defense, in the amount of $1,467,307,000, of which— 

14 (1) $1,067,364,000 is for Operation and Mainte15 nance; 

16 (2) $392,811,000 is for Research, Development, 

17 Test, and Evaluation; and 

18 (3) $7,132,000 is for Procurement. 

19 (b) USE.—Amounts authorized to be appropriated 

20 under subsection (a) are authorized for— 

21 (1) the destruction of lethal chemical agents and 

22 munitions in accordance with section 1412 of the De23 partment of Defense Authorization Act, 1986 (50 

24 U.S.C. 1521); and 


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1 (2) the destruction of chemical warfare materiel 

2 of the United States that is not covered by section 

3 1412 of such Act. 

4 SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG AC5 TIVITIES, DEFENSE-WIDE. 

6 Funds are hereby authorized to be appropriated for the 

7 Department of Defense for fiscal year 2011 for expenses, not 

8 otherwise provided for, for Drug Interdiction and Counter9 Drug Activities, Defense-wide, in the amount of 

10 $1,131,351,000. 

11 SEC. 1408. DEFENSE INSPECTOR GENERAL. 

12 Funds are hereby authorized to be appropriated for the 

13 Department of Defense for fiscal year 2011 for expenses, not 

14 otherwise provided for, for the Office of the Inspector Gen15 eral of the Department of Defense, in the amount of 

16 $283,354,000, of which— 

17 (1) $282,354,000 is for Operation and Mainte18 nance; and 

19 (2) $1,000,000 is for Procurement. 

20 SEC. 1409. DEFENSE HEALTH PROGRAM. 

21 Funds are hereby authorized to be appropriated for the 

22 Department of Defense for fiscal year 2011 for expenses, not 

23 otherwise provided for, for the Defense Health Program, in 

24 the amount of $30,991,952,000, of which— 


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1 (1) $29,947,792,000 is for Operation and Main2 tenance; 

3 (2) $524,239,000 is for Research, Development, 

4 Test, and Evaluation; and 

5 (3) $519,921,000 is for Procurement. 

6 Subtitle B—National Defense 

7 Stockpile 

8 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

9 STOCKPILE FUNDS. 

10 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis11 cal year 2011, the National Defense Stockpile Manager may 

12 obligate up to $41,181,000 of the funds in the National De13 fense Stockpile Transaction Fund established under sub14 section (a) of section 9 of the Strategic and Critical Mate15 rials Stock Piling Act (50 U.S.C. 98h) for the authorized 

16 uses of such funds under subsection (b)(2) of such section, 

17 including the disposal of hazardous materials that are envi18 ronmentally sensitive. 

19 (b) ADDITIONAL OBLIGATIONS.—The National Defense 

20 Stockpile Manager may obligate amounts in excess of the 

21 amount specified in subsection (a) if the National Defense 

22 Stockpile Manager notifies Congress that extraordinary or 

23 emergency conditions necessitate the additional obligations. 

24 The National Defense Stockpile Manager may make the ad25 ditional obligations described in the notification after the 


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1 end of the 45-day period beginning on the date on which 

2 Congress receives the notification. 

3 (c) LIMITATIONS.—The authorities provided by this 

4 section shall be subject to such limitations as may be pro5 vided in appropriations Acts. 

6 SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES 

7 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

8 FROM THE NATIONAL DEFENSE STOCKPILE. 

9 Section 3402(b)(5) of the National Defense Authoriza10 tion Act for Fiscal Year 2000 (50 U.S.C. 98d note), as most 

11 recently amended by section 1412(a) of the National Defense 

12 Authorization Act for Fiscal Year 2008 (Public Law 110- 

13 181; 122 Stat. 418), is amended by striking ‘‘$710,000,000’’ 

14 and inserting ‘‘$730,000,000’’. 

15 Subtitle C—Other Matters 

16 SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR 

17 ARMED FORCES RETIREMENT HOME. 

18 There is authorized to be appropriated for fiscal year 

19 2011 from the Armed Forces Retirement Home Trust Fund 

20 the sum of $71,200,000 for the operation of the Armed 

21 Forces Retirement Home. 


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1 SEC. 1422. PLAN FOR FUNDING FUEL INFRASTRUCTURE 

2 SUSTAINMENT, RESTORATION, AND MOD3 ERNIZATION REQUIREMENTS. 

4 Not later than the date on which the President submits 

5 to Congress the budget for fiscal year 2012 pursuant to sec6 tion 1105 of title 31, United States Code, the Director of 

7 the Defense Logistics Agency shall submit to the congres8 sional defense committees a report on the fuel infrastructure 

9 of the Department of Defense. Such report shall include pro10 jections for fuel infrastructure sustainment, restoration, 

11 and modernization requirements, and a plan for funding 

12 such requirements. 

13 TITLE XV—AUTHORIZATION OF 

14 ADDITIONAL APPROPRIA15 TIONS FOR OVERSEAS CON16 TINGENCY OPERATIONS 

17 SEC. 1501. PURPOSE. 

18 The purpose of this title is to authorize appropriations 

19 for the Department of Defense for fiscal year 2011 to pro20 vide additional funds for overseas contingency operations 

21 being carried out by the Armed Forces. 

22 SEC. 1502. ARMY PROCUREMENT. 

23 Funds are hereby authorized to be appropriated for fis24 cal year 2011 for procurement accounts of the Army in 

25 amounts as follows: 

26 (1) For aircraft procurement, $1,373,803,000. 


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1 (2) For missile procurement, $343,828,000. 

2 (3) For weapons and tracked combat vehicles 

3 procurement, $687,500,000. 

4 (4) For ammunition procurement, $652,491,000. 

5 (5) For other procurement, $5,865,446,000. 

6 SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

7 FUND. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

9 hereby authorized to be appropriated for fiscal year 2011 

10 for the Joint Improvised Explosive Device Defeat Fund in 

11 the amount of $3,464,368,000. 

12 (b) USE AND TRANSFER OF FUNDS.—Subsections (b) 

13 and (c) of section 1514 of the John Warner National De14 fense Authorization Act for Fiscal Year 2007 (Public Law 

15 109–364; 120 Stat. 2439), as amended by section 1503 of 

16 the Duncan Hunter National Defense Authorization Act for 

17 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4649), 

18 shall apply to the funds appropriated pursuant to the au19 thorization of appropriations in subsection (a) and made 

20 available to the Department of Defense for the Joint Impro21 vised Explosive Device Defeat Fund. 

22 (c) MONTHLY OBLIGATIONS AND EXPENDITURE RE23 PORTS.—Not later than 15 days after the end of each month 

24 of fiscal year 2011, the Secretary of Defense shall provide 

25 to the congressional defense committees a report on the 


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1 Joint Improvised Explosive Device Defeat Fund explaining 

2 monthly commitments, obligations, and expenditures by 

3 line of action. 

4 SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 

5 Funds are hereby authorized to be appropriated for fis6 cal year 2011 for procurement accounts of the Navy and 

7 Marine Corps in amounts as follows: 

8 (1) For aircraft procurement, Navy, 

9 $843,358,000. 

10 (2) For weapons procurement, Navy, 

11 $93,425,000. 

12 (3) For ammunition procurement, Navy and 

13 Marine Corps, $565,084,000. 

14 (4) For other procurement, Navy, $480,735,000. 

15 (5) For procurement, Marine Corps, 

16 $1,854,243,000. 

17 SEC. 1505. AIR FORCE PROCUREMENT. 

18 Funds are hereby authorized to be appropriated for fis19 cal year 2011 for procurement accounts of the Air Force 

20 in amounts as follows: 

21 (1) For aircraft procurement, $1,096,520,000. 

22 (2) For ammunition procurement, $292,959,000. 

23 (3) For missile procurement, $56,621,000. 

24 (4) For other procurement, $3,087,481,000. 


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1 SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2011 for the procurement account for Defense-wide 

4 activities in the amount of $1,376,046,000. 

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

6 PROGRAM. 

7 Of the funds authorized to be appropriated by section 

8 1506 for the procurement account for Defense-wide activi9 ties, the Secretary of Defense may provide up to 

10 $205,000,000 to the government of Israel for the procure11 ment of the Iron Dome defense system to counter short-range 

12 rocket threats. 

13 SEC. 1508. NATIONAL GUARD AND RESERVE EQUIPMENT. 

14 Funds are hereby authorized to be appropriated for fis15 cal year 2011 for the procurement of aircraft, missiles, 

16 wheeled and tracked combat vehicles, tactical wheeled vehi17 cles, ammunition, other weapons, and other procurement 

18 for the reserve components of the Armed Forces in the 

19 amount of $700,000,000. 

20 SEC. 1509. MINE RESISTANT AMBUSH PROTECTED VEHICLE 

21 FUND. 

22 Funds are hereby authorized to be appropriated for fis23 cal year 2011 for the Mine Resistant Ambush Protected Ve24 hicle Fund in the amount of $3,415,000,000. 


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1 SEC. 1510. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION. 

3 Funds are hereby authorized to be appropriated for fis4 cal year 2011 for the use of the Department of Defense for 

5 research, development, test, and evaluation as follows: 

6 (1) For the Army, $112,734,000. 

7 (2) For the Navy, $60,401,000. 

8 (3) For the Air Force, $266,241,000. 

9 (4) For Defense-wide activities, $657,240,000. 

10 SEC. 1511. OPERATION AND MAINTENANCE. 

11 Funds are hereby authorized to be appropriated for fis12 cal year 2011 for the use of the Armed Forces for expenses, 

13 not otherwise provided for, for operation and maintenance, 

14 in amounts as follows: 

15 (1) For the Army, $62,202,618,000. 

16 (2) For the Navy, $8,946,634,000. 

17 (3) For the Marine Corps, $4,136,522,000. 

18 (4) For the Air Force, $13,487,283,000 

19 (5) For Defense-wide activities, $9,426,358,000. 

20 (6) For the Army Reserve, $286,950,000. 

21 (7) For the Navy Reserve, $93,559,000. 

22 (8) For the Marine Corps Reserve, $29,685,000. 

23 (9) For the Air Force Reserve, $129,607,000. 

24 (10) For the Army National Guard, 

25 $544,349,000. 

26 (11) For the Air National Guard, $350,823,000. 


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1 (12) For the Afghanistan Security Forces Fund, 

2 $10,964,983,000. 

3 (13) For the Iraq Security Forces Fund, 

4 $2,000,000,000. 

5 (14) For the Overseas Contingency Operations 

6 Transfer Fund, $506,781,000. 

7 SEC. 1512. LIMITATIONS ON AVAILABILITY OF FUNDS IN AF8 GHANISTAN SECURITY FORCES FUND. 

9 Funds appropriated pursuant to the authorization of 

10 appropriations for the Afghanistan Security Forces Fund 

11 in section 1511(12) shall be subject to the conditions con12 tained in subsections (b) through (g) of section 1513 of the 

13 National Defense Authorization Act for Fiscal Year 2008 

14 (Public Law 110–181; 122 Stat. 428). 

15 SEC. 1513. LIMITATIONS ON IRAQ SECURITY FORCES FUND. 

16 (a) APPLICATION OF EXISTING LIMITATIONS.—Subject 

17 to subsection (b), funds made available to the Department 

18 of Defense for the Iraq Security Forces Fund for fiscal year 

19 2011 shall be subject to the conditions contained in sub20 sections (b) through (g) of section 1512 of the National De21 fense Authorization Act for Fiscal Year 2008 (Public Law 

22 110–181; 122 Stat. 426). 

23 (b) COST-SHARE REQUIREMENT.— 

24 (1) REQUIREMENT.—If funds made available to 

25 the Department of Defense for the Iraq Security 


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1 Forces Fund for fiscal year 2011 are used for the pur2 chase of any item or service for Iraq Security Forces, 

3 the funds may not cover more than 80 percent of the 

4 cost of the item or service. 

5 (2) EXCEPTION.—Paragraph (1) does not apply 

6 to any item that the Secretary of Defense deter7 mines— 

8 (A) is an item of significant military 

9 equipment (as such term is defined in section 

10 47(9) of the Arms Export Control Act (22 U.S.C. 

11 2794(9))); or 

12 (B) is included on the United States Muni13 tions List, as designated pursuant to section 

14 38(a)(1) of the Arms Export Control Act (22 

15 U.S.C. 2778(a)(1)). 

16 SEC. 1514. MILITARY PERSONNEL. 

17 Funds are hereby authorized to be appropriated for fis18 cal year 2011 to the Department of Defense for military 

19 personnel accounts in the total amount of $15,275,502,000. 

20 SEC. 1515. WORKING CAPITAL FUNDS. 

21 Funds are hereby authorized to be appropriated for fis22 cal year 2011 for the use of the Armed Forces and other 

23 activities and agencies of the Department of Defense for 

24 providing capital for working capital and revolving funds 

25 in the amount of $485,384,000. 


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1 SEC. 1516. DEFENSE HEALTH PROGRAM. 

2 Funds are hereby authorized to be appropriated for the 

3 Department of Defense for fiscal year 2011 for expenses, not 

4 otherwise provided for, for the Defense Health Program in 

5 the amount of $1,398,092,000 for operation and mainte6 nance. 

7 SEC. 1517. DRUG INTERDICTION AND COUNTER-DRUG AC8 TIVITIES, DEFENSE-WIDE. 

9 Funds are hereby authorized to be appropriated for the 

10 Department of Defense for fiscal year 2011 for expenses, not 

11 otherwise provided for, for Drug Interdiction and Counter12 Drug Activities, Defense-wide in the amount of 

13 $457,110,000. 

14 SEC. 1518. DEFENSE INSPECTOR GENERAL. 

15 Funds are hereby authorized to be appropriated for the 

16 Department of Defense for fiscal year 2011 for expenses, not 

17 otherwise provided for, for the Office of the Inspector Gen18 eral of the Department of Defense in the amount of 

19 $10,529,000. 

20 SEC. 1519. CONTINUATION OF PROHIBITION ON USE OF 

21 UNITED STATES FUNDS FOR CERTAIN FACILI22 TIES PROJECTS IN IRAQ. 

23 Section 1508(a) of the Duncan Hunter National De24 fense Authorization Act for Fiscal Year 2009 (Public Law 

25 110–417; 122 Stat. 4651) shall apply to funds authorized 

26 to be appropriated by this title. 


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1 SEC. 1520. AVAILABILITY OF FUNDS FOR RAPID FORCE PRO2 TECTION IN AFGHANISTAN. 

3 (a) AVAILABILITY OF FUNDS.—Of the funds authorized 

4 to be appropriated by section 1511(5) for operation and 

5 maintenance for Defense-wide activities, the Secretary of 

6 Defense may obligate up to $200,000,000 during fiscal year 

7 2011 to address urgent force protection requirements facing 

8 United States military forces in Afghanistan, as identified 

9 by the Commander of United States Forces–Afghanistan. 

10 (b) USE OF RAPID ACQUISITION AUTHORITY.—To 

11 carry out this section, the Secretary of Defense shall utilize 

12 the rapid acquisition authority available to the Secretary. 

13 (c) USE OF TRANSFER AUTHORITY.—To carry out this 

14 section, the Secretary of Defense may utilize the transfer 

15 authority provided by section 1522, subject to the limitation 

16 in subsection (a)(2) of such section on the total amount of 

17 authorizations that may be transferred. 

18 SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

19 The amounts authorized to be appropriated by this 

20 title are in addition to amounts otherwise authorized to be 

21 appropriated by this Act. 

22 SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

23 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

24 (1) AUTHORITY.—Upon determination by the 

25 Secretary of Defense that such action is necessary in 

26 the national interest, the Secretary may transfer 


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1 amounts of authorizations made available to the De2 partment of Defense in this title for fiscal year 2011 

3 between any such authorizations for that fiscal year 

4 (or any subdivisions thereof). Amounts of authoriza5 tions so transferred shall be merged with and be 

6 available for the same purposes as the authorization 

7 to which transferred. 

8 (2) LIMITATION.—The total amount of author9 izations that the Secretary may transfer under the 

10 authority of this section may not exceed 

11 $3,500,000,000. 

12 (b) TERMS AND CONDITIONS.—Transfers under this 

13 section shall be subject to the same terms and conditions 

14 as transfers under section 1001. 

15 (c) ADDITIONAL AUTHORITY.—The transfer authority 

16 provided by this section is in addition to the transfer au17 thority provided under section 1001. 


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1 TITLE XVI—IMPROVED SEXUAL 

2 ASSAULT PREVENTION AND 

3 RESPONSE IN THE ARMED 

4 FORCES 

5 SEC. 1601. DEFINITION OF DEPARTMENT OF DEFENSE SEX6 UAL ASSAULT PREVENTION AND RESPONSE 

7 PROGRAM AND OTHER DEFINITIONS. 

8 (a) SEXUAL ASSAULT PREVENTION AND RESPONSE

9 PROGRAM DEFINED.—In this title, the term ‘‘sexual assault 

10 prevention and response program’’ refers to Department of 

11 Defense policies and programs, including policies and pro12 grams of a specific military department or Armed Force, 

13 that are intended to reduce the number of sexual assaults 

14 involving members of the Armed Forces and improve the 

15 response of the department to reports of sexual assaults in16 volving members of the Armed Forces, whether members of 

17 the Armed Forces are the victim, alleged assailant, or both. 

18 (b) OTHER DEFINITIONS.—In this title: 

19 (1) The term ‘‘Armed Forces’’ means the Army, 

20 Navy, Air Force, and Marine Corps. 

21 (2) The term ‘‘department’’ has the meaning 

22 given that term in section 101(a)(6) of title 10, 

23 United States Code. 

24 (3) The term ‘‘military installation’’ has the 

25 meaning given that term by the Secretary concerned. 


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1 (4) The term ‘‘Secretary concerned’’ means— 

2 (A) the Secretary of the Army, with respect 

3 to matters concerning the Army; 

4 (B) the Secretary of the Navy, with respect 

5 to matters concerning the Navy and the Marine 

6 Corps; and 

7 (C) the Secretary of the Air Force, with re8 spect to matters concerning the Air Force. 

9 Subtitle A—Immediate Actions to 

10 Improve Department of Defense 

11 Sexual Assault Prevention and 

12 Response Program 

13 SEC. 1611. SPECIFIC BUDGETING FOR DEPARTMENT OF DE14 FENSE SEXUAL ASSAULT PREVENTION AND 

15 RESPONSE PROGRAM. 

16 Effective with the Program Objective Memorandum to 

17 be issued for fiscal year 2012 and thereafter and containing 

18 recommended programming and resource allocations for the 

19 Department of Defense, the Secretary of Defense shall spe20 cifically address the Department of Defense sexual assault 

21 prevention and response program to ensure that a separate 

22 line of funding is allocated to the program. 


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1 SEC. 1612. CONSISTENCY IN TERMINOLOGY, POSITION DE2 SCRIPTIONS, PROGRAM STANDARDS, AND OR3 GANIZATIONAL STRUCTURES. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of the enactment of this Act, the Secretary of Defense 

6 shall require the use of consistent terminology, position de7 scriptions, minimum program standards, and organiza8 tional structures throughout the Armed Forces in imple9 menting the Department of Defense sexual assault preven10 tion and response program. 

11 (b) RECOGNIZING OPERATIONAL DIFFERENCES.—In 

12 complying with subsection (a), the Secretary of Defense 

13 shall take into account the responsibilities of the Secretary 

14 concerned and operational needs of the Armed Force in15 volved. 

16 SEC. 1613. GUIDANCE FOR COMMANDERS. 

17 Not later than one year after the date of the enactment 

18 of this Act, the Secretary of each military department shall 

19 issue guidance to all military unit commanders that imple20 mentation of the Department of Defense sexual assault pre21 vention and response program requires their leadership and 

22 is their responsibility. 

23 SEC. 1614. COMMANDER CONSULTATION WITH VICTIMS OF 

24 SEXUAL ASSAULT. 

25 Before making a decision regarding how to proceed 

26 under the Uniform Code of Military Justice in the case of 


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1 an alleged sexual assault or other offense covered by section 

2 920 of title 10, United States Code (article 120), the com3 manding officer shall offer to meet with the victim of the 

4 offense to determine the opinion of the victim regarding case 

5 disposition and provide that information to the convening 

6 authority. 

7 SEC. 1615. OVERSIGHT AND EVALUATION. 

8 Not later than one year after the date of the enactment 

9 of this Act, the Secretary of Defense shall— 

10 (1) issue standards to be used to assess and 

11 evaluate the effectiveness of the sexual assault preven12 tion and response program of each Armed Force in 

13 reducing the number of sexual assaults involving 

14 members of the Armed Forces and in improving the 

15 response of the department to reports of sexual as16 saults involving members of the Armed Forces, wheth17 er members of the Armed Forces are the victim, al18 leged assailant, or both; and 

19 (2) develop measures to ensure that the Armed 

20 Forces comply with those standards. 

21 SEC. 1616. SEXUAL ASSAULT REPORTING HOTLINE. 

22 (a) AVAILABILITY OF HOTLINE.—Not later than 180 

23 days after the date of the enactment of this Act, the Sec24 retary of Defense shall establish a universal hotline to facili25 tate the reporting of a sexual assault— 


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1 (1) by a member of the Armed Forces, whether 

2 serving in the United States or overseas, who is a vic3 tim of a sexual assault; or 

4 (2) by any other person who is a victim of a sex5 ual assault involving a member of the Armed Forces. 

6 (b) PROMPT RESPONSE.—The Secretary of Defense 

7 shall ensure that a Sexual Assault Response Coordinator 

8 serving in the locality of the victim promptly responds to 

9 the reporting of a sexual assault using the hotline. The Sec10 retary of Defense shall define appropriate localities for pur11 poses of this subsection. 

12 SEC. 1617. REVIEW OF APPLICATION OF SEXUAL ASSAULT 

13 PREVENTION AND RESPONSE PROGRAM TO 

14 RESERVE COMPONENTS. 

15 (a) REPORT REQUIRED.—Not later than one year 

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

17 of Defense shall submit to the congressional defense commit18 tees a report on the application of the sexual assault preven19 tion and response program for the reserve components. 

20 (b) CONTENTS.—The report required by subsection (a) 

21 shall include, at a minimum, the following: 

22 (1) The ability of members of the reserve compo23 nents to access the services available under the sexual 

24 assault prevention and response program, including 


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1 policies and programs of a specific military depart2 ment or Armed Force. 

3 (2) The quality of training provided to Sexual 

4 Assault Response Coordinators and Sexual Assault 

5 Victim Advocates in the reserve components. 

6 (3) The degree to which the services available for 

7 regular and reserve members under the sexual assault 

8 prevention and response program are integrated. 

9 (4) Such recommendations as the Secretary of 

10 Defense considers appropriate on how to improve the 

11 services available for reserve members under the sex12 ual assault prevention and response program and 

13 their access to the services. 

14 SEC. 1618. REVIEW OF EFFECTIVENESS OF REVISED UNI15 FORM CODE OF MILITARY JUSTICE OFFENSES 

16 REGARDING RAPE, SEXUAL ASSAULT, AND 

17 OTHER SEXUAL MISCONDUCT. 

18 (a) REVIEW REQUIRED.—The Secretary of Defense 

19 shall conduct a review of the effectiveness of section 920 of 

20 title 10, United States Code (article 120 of the Uniform 

21 Code of Military Justice), as amended by section 552 of 

22 the National Defense Authorization Act for Fiscal Year 

23 2006 (Public Law 109–163; 119 Stat. 3256). The Secretary 

24 shall use a panel of military justice experts to conduct the 

25 review. 


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1 (b) SUBMISSION OF RESULTS.—Not later than one 

2 year after the date of the enactment of this Act, the Sec3 retary of Defense shall submit the results of the review to 

4 the congressional defense committees. 

5 SEC. 1619. TRAINING AND EDUCATION PROGRAMS FOR SEX6 UAL ASSAULT PREVENTION AND RESPONSE 

7 PROGRAM. 

8 (a) SEXUAL ASSAULT PREVENTION AND RESPONSE

9 TRAINING AND EDUCATION.— 

10 (1) DEVELOPMENT OF CURRICULA.—Not later 

11 than one year after the date of the enactment of this 

12 Act, the Secretary of each military department shall 

13 develop curricula to provide sexual assault prevention 

14 and response training and education for members of 

15 the Armed Forces under the jurisdiction of the Sec16 retary and civilian employees of the military depart17 ment to strengthen individual knowledge, skills, and 

18 capacity to prevent and respond to sexual assault. 

19 (2) SCOPE OF TRAINING AND EDUCATION.—The 

20 sexual assault prevention and response training and 

21 education shall encompass initial entry and accession 

22 programs, annual refresher training, professional 

23 military education, peer education, and specialized 

24 leadership training. Training shall be tailored for 

25 specific leadership levels and local area requirements. 


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1 (3) CONSISTENT TRAINING.—The Secretary of 

2 Defense shall ensure that the sexual assault prevention 

3 and response training provided to members of the 

4 Armed Forces and Department of Defense civilian 

5 employees is consistent throughout the military de6 partments. 

7 (b) INCLUSION IN PROFESSIONAL MILITARY EDU8 CATION.—The Secretary of Defense shall provide for the in9 clusion of a sexual assault prevention and response training 

10 module at each level of professional military education. The 

11 training shall be tailored to the new responsibilities and 

12 leadership requirements of members of the Armed Forces as 

13 they are promoted. 

14 (c) INCLUSION IN FIRST RESPONDER TRAINING.— 

15 (1) IN GENERAL.—The Secretary of Defense shall 

16 direct that managers of specialty skills associated 

17 with first responders described in paragraph (2) inte18 grate sexual assault response training in initial and 

19 recurring training courses. 

20 (2) COVERED FIRST RESPONDERS.—First re21 sponders referred to in paragraph (1) include fire22 fighters, emergency medical technicians, law enforce23 ment officers, military criminal investigators, 

24 healthcare personnel, judge advocates, and chaplains. 


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1 SEC. 1620. USE OF SEXUAL ASSAULT FORENSIC MEDICAL 

2 EXAMINERS. 

3 Not later than two years after the date of the enact4 ment of this Act, the Secretary of Defense shall provide for 

5 the use of forensic medical examiners within the Depart6 ment of Defense who are specially trained regarding the col7 lection and preservation of evidence in cases involving sex8 ual assault. 

9 SEC. 1621. SEXUAL ASSAULT ADVISORY BOARD. 

10 (a) ESTABLISHMENT.—Not later than one year after 

11 the date of the enactment of this Act, the Secretary of De12 fense shall establish a Sexual Assault Advisory Board, to 

13 be modeled after other Defense advisory boards, such as the 

14 Defense Business Board, the Defense Policy Board, or the 

15 Defense Science Board. 

16 (b) PURPOSE.—The purpose of the Sexual Assault Ad17 visory Board is— 

18 (1) to advise the Secretary of Defense on the 

19 overall Department of Defense sexual assault preven20 tion and response program and its comprehensive 

21 prevention strategy and on the effectiveness of the sex22 ual assault prevention and response program of each 

23 Armed Force; and 

24 (2) to make recommendations regarding changes 

25 and improvements to the sexual assault prevention 

26 and response program. 


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1 (c) RELATION TO SEXUAL ASSAULT PREVENTION AND

2 RESPONSE OFFICE.—The Sexual Assault Advisory Board 

3 is not intended to replace the organic capabilities that must 

4 reside in the Sexual Assault Prevention and Response Of5 fice, but to ensure that best practices from both the civilian 

6 and military community perspective are incorporated into 

7 the design, development, and performance of the sexual as8 sault prevention and response program 

9 (d) ORGANIZATION AND MEMBERSHIP.—The Sexual 

10 Assault Advisory Board shall be chaired by the Undersecre11 tary of Defense for Personnel and Readiness. The Sexual 

12 Assault Advisory Board shall include experts on criminal 

13 law and sexual assault prevention, response, and training 

14 who are not members of the Armed Forces or civilian em15 ployees of the Department of Defense and include represent16 atives from other Federal agencies. 

17 (e) FREQUENCY OF MEETINGS.—The Sexual Assault 

18 Advisory Board shall meet not less frequently than bian19 nually. 

20 SEC. 1622. DEPARTMENT OF DEFENSE SEXUAL ASSAULT AD21 VISORY COUNCIL. 

22 (a) REORGANIZATION.—Not later than one year after 

23 the date of the enactment of this Act, the Secretary of De24 fense shall reorganize the Sexual Assault Advisory Council 


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1 and limit membership on the Sexual Assault Advisory 

2 Council to Department of Defense personnel. 

3 (b) PURPOSE.—The purpose of the Sexual Assault Ad4 visory Council is— 

5 (1) to oversee the Department’s overall sexual as6 sault prevention and response Program and its com7 prehensive prevention strategy; 

8 (2) to ensure accountability of the sexual assault 

9 prevention and response program of each Armed 

10 Force; 

11 (3) to make recommendations regarding changes 

12 and improvements to the sexual assault prevention 

13 and response program; and 

14 (4) to identify cross-cutting issues and solutions 

15 in the area of sexual assault. 

16 (c) ORGANIZATION AND MEMBERSHIP.—The Sexual 

17 Assault Advisory Council shall be chaired by the Deputy 

18 Secretary of Defense or the designee of the Deputy Sec19 retary. Members shall include, at a minimum, the fol20 lowing: 

21 (1) Principals or deputies from every office with22 in the Office of the Secretary of Defense with respon23 sibilities involving the sexual assault prevention and 

24 response program. 


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1 (2) The Assistant Secretary of each of the mili2 tary departments with responsibility for the sexual 

3 assault prevention and response program. 

4 (3) The Vice Chief of Staff of the Army, the Vice 

5 Chief of Naval Operations, the Vice Chief of Staff of 

6 the Air Force, and the Assistant Commandant of the 

7 Marine Corps. 

8 (4) A general or flag officer from the staff of each 

9 officer specified in paragraph (3) who has responsi10 bility for the sexual assault prevention and response 

11 program. 

12 (5) A general officer from the National Guard 

13 Bureau. 

14 (d) FREQUENCY OF MEETINGS.—The Sexual Assault 

15 Advisory Council shall meet not less frequently than once 

16 each calendar-year quarter. 

17 (e) SERVICE-LEVEL SEXUAL ASSAULT ADVISORY

18 COUNCILS.—The Secretary of a military department shall 

19 establish a sexual assault advisory council, comparable to 

20 the Sexual Assault Advisory Council required by subsection 

21 (a), for each Armed Force under the jurisdiction of the Sec22 retary. 


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1 SEC. 1623. SERVICE-LEVEL SEXUAL ASSAULT REVIEW 

2 BOARDS. 

3 (a) ESTABLISHMENT.—Not later than one year after 

4 the date of the enactment of this Act, the Secretary of a 

5 military department shall establish for each military instal6 lation or operational command under the jurisdiction of the 

7 Secretary a multi-disciplinary group to serve as a sexual 

8 assault review board. 

9 (b) MEMBERSHIP.—The chair of a sexual assault re10 view board shall be the senior commander, senior deputy 

11 commander, or chief of staff. Other members should include 

12 the Sexual Assault Response Coordinator, command legal 

13 representative or staff judge advocate, command chaplain, 

14 and representation of senior commanders or supervisors 

15 from the Military Criminal Investigative Organizations, 

16 military law enforcement, medical, alcohol and substance 

17 abuse office, and the safety office. 

18 (c) RESPONSIBILITIES.—A sexual assault review board 

19 shall be responsible for, at a minimum, addressing safety 

20 issues, developing prevention strategies, analyzing response 

21 processes, community impact and overall trends, and iden22 tifying training issues. These functions should be flexible 

23 to accommodate the resources available at different installa24 tions and operational commands. 


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1 (d) FREQUENCY OF MEETINGS.—A sexual assault re2 view board shall meet not less frequently than once each 

3 calendar-year quarter. 

4 SEC. 1624. RENEWED EMPHASIS ON ACQUISITION OF CEN5 TRALIZED DEPARTMENT OF DEFENSE SEX6 UAL ASSAULT DATABASE. 

7 (a) NEW DEADLINE FOR ACQUISITION.—Notwith8 standing subsection (c) of section 563 of the Duncan Hunter 

9 National Defense Authorization Act for Fiscal Year 2009 

10 (Public Law 110–417; 122 Stat. 4470), the Secretary of De11 fense shall complete implementation of the centralized sex12 ual assault database required by subsection (a) of such sec13 tion not later than September 30, 2011. 

14 (b) ACQUISITION PROCESS.—To meet the deadline im15 posed by subsection (a), acquisition best practices associated 

16 with successfully acquiring and deploying information tech17 nology systems related to the database, such as economically 

18 justifying the proposed system solution and effectively devel19 oping and managing requirements, shall be completed as 

20 soon as possible. 


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1 Subtitle B—Sexual Assault Preven2 tion Strategy and Annual Re3 porting Requirement 

4 SEC. 1631. COMPREHENSIVE DEPARTMENT OF DEFENSE 

5 SEXUAL ASSAULT PREVENTION STRATEGY. 

6 (a) STRATEGY REQUIRED.—Not later than one year 

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

8 of Defense shall submit to the congressional defense commit9 tees a comprehensive strategy to reduce the number of sexual 

10 assaults involving members of the Armed Forces, whether 

11 members of the Armed Forces are the victim, alleged assail12 ant, or both. All activities and programs of a specific mili13 tary department or Armed Force related to preventing sex14 ual assault must align with and support the overall com15 prehensive strategy. 

16 (b) COORDINATION WITH OTHER REQUIREMENTS.— 

17 In developing the comprehensive strategy under subsection 

18 (a), the Secretary of Defense shall incorporate and build 

19 upon— 

20 (1) the new requirements imposed by this sub21 title; 

22 (2) the policies and procedure developed under 

23 section 577 of the Ronald W. Reagan National De24 fense Authorization Act for Fiscal Year 2005 (Public 

25 Law 108–375; 10 U.S.C. 113 note); and 


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1 (3) the prevention and response plan developed 

2 under section 567(a) of the National Defense Author3 ization Act for Fiscal Year 2010 (Public Law 111– 

4 84; 123 Stat. 2313). 

5 (c) IMPLEMENTATION OF STRATEGY.—Not later than 

6 six months after the submission of the comprehensive strat7 egy prepared under subsection (a), the Secretary of Defense 

8 shall complete implementation of the comprehensive strat9 egy throughout the Department of Defense. 

10 (d) SEXUAL ASSAULT PREVENTION EVALUATION

11 PLAN.— 

12 (1) PLAN REQUIRED.—The Secretary of Defense 

13 shall develop and implement an evaluation plan for 

14 assessing the effectiveness of the comprehensive strat15 egy prepared under subsection (a) its intended out16 comes at the Department of Defense and individual 

17 Armed Force levels. 

18 (2) COMMANDER ROLE.—As a component of the 

19 evaluation plan, the commander of each military in20 stallation and the commander of each unified or spec21 ified combatant command shall assess the adequacy of 

22 measures undertaken at facilities under the authority 

23 of the commander to ensure the safest and most secure 

24 living and working environments with regard to pre25 venting sexual assault. 


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1 (3) SUBMISSION OF RESULTS.—The results of as2 sessments conducted under the evaluation plan shall 

3 be included in the annual report required by section 

4 1632, beginning with the report required to be sub5 mitted in calendar year 2012. 

6 SEC. 1632. ANNUAL REPORT ON SEXUAL ASSAULTS INVOLV7 ING MEMBERS OF THE ARMED FORCES AND 

8 SEXUAL ASSAULT PREVENTION AND RE9 SPONSE PROGRAM. 

10 (a) ANNUAL REPORT ON SEXUAL ASSAULTS.—Not 

11 later than January 15 of each year, the Secretary of each 

12 military department shall submit to the Secretary of De13 fense a report on the sexual assaults involving members of 

14 the Armed Forces under the jurisdiction of that Secretary 

15 during the preceding year. In the case of the Secretary of 

16 the Navy, separate reports shall be prepared for the Navy 

17 and for the Marine Corps. 

18 (b) CONTENTS.—The report of a Secretary of a mili19 tary department on an Armed Force under subsection (a) 

20 shall contain the following: 

21 (1) The number of sexual assaults committed 

22 against members of the Armed Force that were re23 ported to military officials during the year covered by 

24 the report, and the number of the cases so reported 

25 that were founded. 


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1 (2) The number of sexual assaults committed by 

2 members of the Armed Force that were reported to 

3 military officials during the year covered by the re4 port, and the number of the cases so reported that 

5 were founded. The information required by this para6 graph shall not be combined with the information re7 quired by paragraph (1). 

8 (3) A synopsis of each such founded case, orga9 nized by offense, and, for each such case, the discipli10 nary action taken in the case, including the type of 

11 disciplinary or administrative sanction imposed, if 

12 any. 

13 (4) The policies, procedures, and processes imple14 mented by the Secretary concerned during the year 

15 covered by the report in response to incidents of sex16 ual assault involving members of the Armed Force 

17 concerned. 

18 (5) The number of founded sexual assault cases 

19 in which the victim is a deployed member of the 

20 Armed Forces and the assailant is a foreign national, 

21 and the policies, procedures, and processes imple22 mented by the Secretary concerned to monitor the in23 vestigative process and disposition of such cases and 

24 to eliminate any gaps in investigating and adjudi25 cating such cases. 


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1 (6) A description of the implementation during 

2 the year covered by the report of the tracking system 

3 implemented pursuant to section 596(a) of the Na4 tional Defense Authorization Act for Fiscal Year 2006 

5 (Public Law 109–163; 10 U.S.C. 113 note), including 

6 information collected on cases during that year in 

7 which care to a victim of rape or sexual assault was 

8 hindered by the lack of availability of a rape kit or 

9 other needed supplies or by the lack of timely access 

10 to appropriate laboratory testing resources. 

11 (7) A description of the implementation during 

12 the year covered by the report of the accessibility plan 

13 implemented pursuant to section 596(b) of such Act, 

14 including a description of the steps taken during that 

15 year to provide that trained personnel, appropriate 

16 supplies, and transportation resources are accessible 

17 to deployed units in order to provide an appropriate 

18 and timely response in any case of reported sexual as19 sault in a deployed unit. 

20 (8) A description of the required supply inven21 tory, location, accessibility, and availability of sup22 plies, trained personnel, and transportation resources 

23 needed, and in fact in place, in order to be able to 

24 provide an appropriate and timely response in any 

25 case of reported sexual assault in a deployed unit. 


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1 (9) A plan for the actions that are to be taken 

2 in the year following the year covered by such report 

3 on reducing the number of sexual assaults involving 

4 members of the Armed Forces concerned and improv5 ing the response to sexual assaults involving members 

6 of the Armed Forces concerned. 

7 (10) The results of the most recent biennial gen8 der-relations survey of an adequate sample of mem9 bers to evaluate and improve the sexual assault pre10 vention and response program. 

11 (c) VERIFICATION.—The Office of the Judge Advocate 

12 General of an Armed Force (or, in the case of the Marine 

13 Corps, the Office of the Staff Judge Advocate to the Com14 mandant of the Marine Corps) shall verify the accuracy of 

15 the information required by paragraphs (1), (2), (3), and 

16 (5) of subsection (b), including courts-martial data. 

17 (d) CONSISTENT DEFINITION OF FOUNDED.—Not later 

18 than one year after the date of the enactment of this Act, 

19 the Secretary of Defense shall establish a consistent defini20 tion of ‘‘founded’’ for purposes of paragraphs (1), (2), (3), 

21 and (5) of subsection (b) and require that military criminal 

22 investigative organizations only provide synopses for those 

23 cases for the preparation of reports under this section. 

24 (e) ASSESSMENT COMPONENT.—Each report under 

25 subsection (a) shall include an assessment by the Secretary 


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1 concerned of the implementation during the preceding fiscal 

2 year of the sexual assault prevention and response program 

3 in order to determine the effectiveness of the program dur4 ing such fiscal year in providing an appropriate response 

5 to sexual assaults involving members of the Armed Forces. 

6 (f) SUBMISSION TO CONGRESS.—The Secretary of De7 fense shall submit to the Committees on Armed Services of 

8 the Senate and House of Representatives each report pre9 pared under subsection (a), together with the comments of 

10 the Secretary of Defense on the report. The Secretary of De11 fense shall submit each such report not later than March 

12 15 of the year following the year covered by the report. 

13 (g) REPEAL OF SUPERSEDED REPORTING REQUIRE14 MENT.—Section 577 of the Ronald W. Reagan National De15 fense Authorization Act for Fiscal Year 2005 (Public Law 

16 108–375; 10 U.S.C. 113 note) is amended by striking sub17 section (f). 

18 Subtitle C—Amendments to Title 10 

19 SEC. 1641. SEXUAL ASSAULT PREVENTION AND RESPONSE 

20 OFFICE. 

21 (a) APPOINTMENT OF DIRECTOR; DUTIES.—Chapter 4 

22 of title 10, United States Code, as amended by section 902, 

23 is amended by inserting after section 139 the following new 

24 section: 


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1 ‘‘§ 139a. Director of Sexual Assault Prevention and 

2 Response Office 

3 ‘‘(a) APPOINTMENT.—There is a Director of the Sexual 

4 Assault Prevention and Response Office who shall be a gen5 eral or flag officer or an employee of the Department of 

6 Defense in a comparable Senior Executive Service position. 

7 ‘‘(b) DUTIES.—The Director of the Sexual Assault Pre8 vention and Response Office serves as the single point of 

9 authority, accountability, and oversight for the Department 

10 of Defense sexual assault prevention and response program 

11 and provides oversight to ensure that the military depart12 ments comply with the program. 

13 ‘‘(c) ROLE OF INSPECTORS GENERAL.—The Inspector 

14 General of the Department of Defense, the Inspector General 

15 of the Army, the Naval Inspector General, and the Inspector 

16 General of the Air Force shall include sexual assault preven17 tion and response programs within the scope of their assess18 ments. The Inspector General teams shall include at least 

19 one member with expertise and knowledge of sexual assault 

20 prevention and response policies related to a specific armed 

21 force. 

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

23 ‘‘(1) The term ‘armed forces’ means the Army, 

24 Navy, Air Force, and Marine Corps. 

25 ‘‘(2) The term ‘sexual assault prevention and re26 sponse program’ refers to Department of Defense poliVerDate Mar 15 2010 02:21 May 22, 2010 Jkt 089200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 cies and programs, including policies and programs 

2 of a specific military department or the that are in3 tended to reduce the number of sexual assaults involv4 ing members of the armed forces and improve the re5 sponse of the department to reports of sexual assaults 

6 involving members of the armed forces, whether mem7 bers of the armed forces are the victim, alleged assail8 ant, or both.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of such chapter is amended by inserting after 

11 the item relating to section 139 the following new item: 

‘‘139a. Director of Sexual Assault Prevention and Response Office.’’. 

12 SEC. 1642. SEXUAL ASSAULT RESPONSE COORDINATORS 

13 AND SEXUAL ASSAULT VICTIM ADVOCATES. 

14 (a) ASSIGNMENT AND TRAINING.—Chapter 80 of title 

15 10, United States Code, is amended by adding at the end 

16 the following new section: 

17 ‘‘§ 1568. Sexual assault prevention and response: Sex18 ual Assault Response Coordinators and 

19 Victim Advocates 

20 ‘‘(a) ASSIGNMENT OF COORDINATORS.—(1) At least 

21 one full-time Sexual Assault Response Coordinator shall be 

22 assigned to each brigade or equivalent or higher unit level 

23 of the armed forces. The Secretary of the military depart24 ment concerned may assign additional Sexual Assault Re25 sponse Coordinators as necessary based on the demographics 


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1 or needs of the unit. The additional Sexual Assault Re2 sponse Coordinator may serve on a full-time or part-time 

3 basis at the discretion of the Secretary. 

4 ‘‘(2) Effective October 1, 2013, only members of the 

5 armed forces and civilian employees of the Department of 

6 Defense may be assigned to duty as a Sexual Assault Re7 sponse Coordinator. After that date, contractor employees 

8 may serve as a Sexual Assault Response Coordinator only 

9 on a temporary basis, as determined by the Secretary of 

10 Defense. 

11 ‘‘(b) ASSIGNMENT OF VICTIM ADVOCATES.—(1) At 

12 least one full-time Sexual Assault Victim Advocate shall be 

13 assigned to each brigade or equivalent or higher unit level 

14 of the armed forces. The Secretary of the military depart15 ment concerned may assign additional Victim Advocates as 

16 necessary based on the demographics or needs of the unit. 

17 The additional Victim Advocates may serve on a full-time 

18 or part-time basis at the discretion of the Secretary. 

19 ‘‘(2) Only members of the armed forces and civilian 

20 employees of the Department of Defense may be assigned 

21 to duty as a Victim Advocate. Contractor employees may 

22 serve as a Victim Advocate only on a temporary basis, as 

23 determined by the Secretary of Defense. 

24 ‘‘(c) DEPLOYABLE COORDINATORS AND VICTIM ADVO25 CATES.—(1) The Secretary of a military department shall 


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1 assign members of the armed forces under the jurisdiction 

2 of the Secretary to serve as a deployable Sexual Assault Re3 sponse Coordinator or Sexual Assault Victim Advocate 

4 when a Sexual Assault Response Coordinator assigned to 

5 a unit under subsection (a) or a Sexual Assault Victim Ad6 vocate assigned to a unit under subsection (b) is not de7 ployed with the unit. 

8 ‘‘(2) A deployable Sexual Assault Response Coordi9 nator or deployable Sexual Assault Victim Advocate may 

10 serve on a full-time or part-time basis at the discretion of 

11 the Secretary. 

12 ‘‘(d) TRAINING AND CERTIFICATION.—(1) As part of 

13 the sexual assault prevention and response program, the 

14 Secretary of Defense shall establish a professional and uni15 form training and certification program for Sexual Assault 

16 Response Coordinators assigned under subsection (a) and 

17 Sexual Assault Victim Advocates assigned under subsection 

18 (b). The program shall be structured and administered in 

19 a manner similar to the professional training available for 

20 Equal Opportunity Advisors through the Defense Equal Op21 portunity Management Institute. 

22 ‘‘(2) Effective beginning one year after the date of the 

23 enactment of this section, before a member or civilian em24 ployee may be assigned to duty as a Sexual Assault Re25 sponse Coordinator under subsection (a), the member or emVerDate Mar 15 2010 02:21 May 22, 2010 Jkt 089200 PO 00000 Frm 00553 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 ployee must have completed the training program required 

2 by paragraph (1) and obtained the certification. 

3 ‘‘(3) A member or civilian employee assigned to duty 

4 as a Victim Advocate under subsection (b) may obtain cer5 tification under the training program required by para6 graph (1). At a minimum, the Sexual Assault Response Co7 ordinator to whom a Victim Advocate reports shall train 

8 the Victim Advocate using the same training materials used 

9 to train the Sexual Assault Response Coordinator under the 

10 program. 

11 ‘‘(4) Deployable Sexual Assault Response Coordinators 

12 and deployable Sexual Assault Victim Advocates shall re13 ceive training from a designated Sexual Assault Response 

14 Coordinator or Sexual Assault Victim Advocate on their 

15 specific roles and responsibilities before assuming such re16 sponsibilities. 

17 ‘‘(e) ACCESS TO COMMANDERS AND UNITS.—(1) The 

18 Secretaries of the military departments shall ensure that 

19 a Sexual Assault Response Coordinator, including a 

20 deployable Sexual Assault Response Coordinator assigned 

21 under subsection (c), has direct access to senior commanders 

22 and any other commander within the unit or geographical 

23 area of responsibility of the Sexual Assault Response Coor24 dinator. 


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1 ‘‘(2) A Sexual Assault Response Coordinator may work 

2 with supporting medical staff, mental health staff, and 

3 chaplains to offer unit counseling options for commanders 

4 of units in which a sexual assault involving a member of 

5 the armed forces occurs. 

6 ‘‘(f) SEXUAL ASSAULT RESPONSE TEAMS RESPON7 SIBLE FOR OVERSEEING UNRESTRICTED REPORTED

8 CASES.— 

9 ‘‘(1) RESPONSE TEAM PROTOCOL.—Not later 

10 than one year after the date of the enactment of this 

11 section, the Secretary of Defense shall develop and im12 plement a protocol for the establishment and use of 

13 sexual assault response teams throughout the Depart14 ment of Defense. 

15 ‘‘(2) EMERGENCY RESPONSE.—A sexual assault 

16 response team shall be led by a Sexual Assault Re17 sponse Coordinator and convene as soon as prac18 ticable after a reported sexual assault involving a 

19 member of the armed forces. 

20 ‘‘(3) OTHER ELEMENTS.—At a minimum, the 

21 protocol for sexual assault response teams shall also 

22 provide for— 

23 ‘‘(A) in addition to meetings required by 

24 paragraph (2), monthly meetings to review indi25 vidual cases, facilitate timely victim updates, 


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1 and ensure system coordination, accountability 

2 (to include tracking case adjudication), and vic3 tim access to quality services; and 

4 ‘‘(B) depending on the resources available 

5 at different locations, membership drawn from 

6 the relevant military criminal investigator, med7 ical personnel, chaplain, trial counsel, and Sex8 ual Assault Victim Advocate. 

9 ‘‘(4) COMMAND INVOLVEMENT.—Within the first 

10 three months of assuming a command, the com11 mander shall attend a meeting of their command’s 

12 sexual assault response team occurring after the com13 mander’s assumption of command. The Secretary of 

14 Defense shall provide for the inclusion of a sexual as15 sault prevention and response training module as 

16 part of commanders pre-command courses. 

17 ‘‘(g) PROHIBITION ON USE OF INSPECTOR GENERAL

18 PERSONNEL.—Personnel of the Inspector General of the De19 partment of Defense, the Inspector General of the Army, the 

20 Naval Inspector General, and the Inspector General of the 

21 Air Force may not perform Sexual Assault Response Coor22 dinator duties. 

23 ‘‘(h) DEFINITIONS.—In this section: 

24 ‘‘(1) The term ‘armed forces’ means the Army, 

25 Navy, Air Force, and Marine Corps. 


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1 ‘‘(2) The term ‘sexual assault prevention and re2 sponse program’ refers to Department of Defense poli3 cies and programs, including policies and programs 

4 of a specific military department or the that are in5 tended to reduce the number of sexual assaults involv6 ing members of the armed forces and improve the re7 sponse of the department to reports of sexual assaults 

8 involving members of the armed forces, whether mem9 bers of the armed forces are the victim, alleged assail10 ant, or both.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by adding at the 

13 end the following new item: 

‘‘1568. Sexual assault prevention and response: Sexual Assault Response Coordinators and Victim Advocates.’’. 

14 SEC. 1643. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL 

15 COUNSEL AND VICTIM ADVOCATE SERVICES. 

16 (a) ACCESS.—Chapter 53 of title 10, United States 

17 Code, is amended by inserting after section 1044d the fol18 lowing new section: 

19 ‘‘§ 1044e. Access to legal assistance and Victim Advo20 cate services for victims of sexual assault 

21 ‘‘(a) AVAILABILITY OF LEGAL ASSISTANCE AND VICTIM

22 ADVOCATE SERVICES.— 


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1 ‘‘(1) MEMBERS.—A member of the armed forces 

2 or a dependent of a member of the armed forces who 

3 is the victim of a sexual assault is entitled to— 

4 ‘‘(A) legal assistance provided by a military 

5 legal assistance counsel certified as competent to 

6 provide such duties pursuant to section 827(b) of 

7 this title (article 27(b) of the Uniform Code of 

8 Military Justice); and 

9 ‘‘(B) assistance provided by a qualified Sex10 ual Assault Victim Advocate. 

11 ‘‘(2) DEPENDENTS.—To the extent practicable, 

12 the Secretary of a military department shall make the 

13 assistance described in paragraph (1) available to de14 pendent of a member of the armed forces who is the 

15 victim of a sexual assault and resides on or in the vi16 cinity of a military installation. The Secretary con17 cerned shall define the term ‘vicinity’ for purposes of 

18 this paragraph. 

19 ‘‘(3) NOTICE OF AVAILABILITY OF ASSISTANCE; 

20 OPT OUT.—The member or dependent shall be in21 formed of the availability of assistance under this 

22 subsection as soon as the member or dependent seeks 

23 assistance from a Sexual Assault Response Coordi24 nator or any other responsible member of the armed 

25 forces or Department of Defense civilian employee. 


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1 The victim shall also be informed that the legal assist2 ance and services of a Sexual Assault Response Coor3 dinator and Sexual Assault Victim Advocate are op4 tional and these services may be declined, in whole or 

5 in part, at any time. 

6 ‘‘(4) NATURE OF REPORTING IMMATERIAL.—In 

7 the case of a member of the armed forces, access to 

8 legal assistance and Victim Advocate services is avail9 able regardless of whether the member elects unre10 stricted or restricted (confidential) reporting of the 

11 sexual assault. 

12 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in this 

13 subsection shall be construed to establish an attorney14 client relationship. 

15 ‘‘(b) RESTRICTED REPORTING OPTION.— 

16 ‘‘(1) AVAILABILITY OF RESTRICTED REPORT17 ING.—A member of the armed forces who is the victim 

18 of a sexual assault may confidentially disclose the de19 tails of the assault to an individual specified in para20 graph (2) and receive medical treatment, legal assist21 ance, or counseling, without triggering an official in22 vestigation of the allegations. 

23 ‘‘(2) PERSONS COVERED BY RESTRICTED RE24 PORTING.—Individuals covered by paragraph (1) are 

25 the following: 


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1 ‘‘(A) Military legal assistance counsel. 

2 ‘‘(B) Sexual Assault Response Coordinator. 

3 ‘‘(C) Sexual Assault Victim Advocate. 

4 ‘‘(D) Healthcare personnel. 

5 ‘‘(E) Chaplain. 

6 ‘‘(3) IMPORTANCE OF CONTACTING SEXUAL AS7 SAULT RESPONSE COORDINATOR.—The Secretary of 

8 Defense shall ensure that all sexual assault prevention 

9 and response training emphasizes the importance of 

10 immediately contacting a Sexual Assault Response 

11 Coordinator after a sexual assault to ensure that the 

12 victim preserves the restricted reporting option and 

13 receives guidance on available services and victim 

14 care. A member’s responsibility to report a sexual as15 sault is satisfied by informing the Sexual Assault Re16 sponse Coordinator, in addition to or in lieu of in17 forming the member’s commander or military law en18 forcement. 

19 ‘‘(c) CLARIFICATION OF VICTIM OPTION TO PARTICI20 PATE IN INVESTIGATION.—The Secretary of Defense shall 

21 implement a Sexual Assault Response Coordinator-led proc22 ess by which a member or dependent referred to in sub23 section (a) may decline to participate in the investigation 

24 of the sexual assault. The member or dependent, after con25 sultation with a Sexual Assault Victim Advocate or Sexual 


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1 Assault Response Coordinator, or both, may complete a 

2 form indicating a preference not to participate further in 

3 the investigative process. 

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

5 ‘‘(1) The term ‘sexual assault’ includes any of 

6 the offenses covered by section 920 of this title (article 

7 120). 

8 ‘‘(2) The term ‘military legal assistance counsel’ 

9 means— 

10 ‘‘(A) a judge advocate (as defined in section 

11 801(13) of this title (article 1(13) of the Uniform 

12 Code of Military Justice)); or 

13 ‘‘(B) a civilian attorney serving as a legal 

14 assistance officer under the provisions of section 

15 1044 of this title.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections at 

17 the beginning of such chapter is amended by inserting after 

18 the item relating to section 1044d the following new item: 

‘‘1044e. Access to legal assistance and Victim Advocate services for victims of sexual assault.’’. 

19 (c) CONFORMING AMENDMENT REGARDING PROVISION

20 OF LEGAL COUNSEL.—Section 1044(d)(3)(B) of such title 

21 is amended by striking ‘‘sections 1044a, 1044b, 1044c, and 

22 1044d’’ and inserting ‘‘sections 1044a through 1044e’’. 


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1 SEC. 1644. NOTIFICATION OF COMMAND OF OUTCOME OF 

2 COURT-MARTIAL INVOLVING CHARGES OF 

3 SEXUAL ASSAULT. 

4 Section 853 of title 10, United States Code (article 53 

5 of the Uniform Code of Military Justice), is amended— 

6 (1) by inserting ‘‘(a) ANNOUNCEMENT TO PAR7 TIES.—’’ before ‘‘A court-martial’’; and 

8 (2) by adding at the end the following new sub9 section: 

10 ‘‘(b) DISSEMINATION OF RESULTS TO COMMAND IN

11 CERTAIN CASES.—In the case of an alleged sexual assault 

12 or other offense covered by section 920 of this title (article 

13 120), the trial counsel shall notify the servicing staff judge 

14 advocate at the military installation, who shall notify the 

15 convening authority and commanders, as appropriate. In 

16 consultation with the servicing staff judge advocate, the 

17 commanding officer shall notify members of the command 

18 of the outcome of the case.’’. 

19 SEC. 1645. COPY OF RECORD OF COURT-MARTIAL TO VICTIM 

20 OF SEXUAL ASSAULT INVOLVING A MEMBER 

21 OF THE ARMED FORCES. 

22 Section 854 of title 10, United States Code (article 54 

23 of the Uniform Code of Military Justice), is amended by 

24 adding at the end the following new subsection: 

25 ‘‘(e) In the case of a general or special court-martial 

26 involving a sexual assault or other offense covered by section 


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1 920 of this title (article 120), a copy of the prepared record 

2 of the proceedings of the court-martial shall be given to the 

3 victim of the offence if the victim testified during the pro4 ceedings. The record of the proceedings shall be provided 

5 without charge and as soon as the record is authenticated. 

6 The victim shall be notified of the opportunity to receive 

7 the record of the proceedings.’’. 

8 SEC. 1646. MEDICAL CARE FOR VICTIMS OF SEXUAL AS9 SAULT. 

10 (a) MEDICAL CARE AND RECORDS.—Chapter 55 of 

11 title 10, United States Code, is amended by inserting after 

12 section 1074l the following new section: 

13 ‘‘§ 1074m. Medical care for members who are victims 

14 of sexual assault 

15 ‘‘(a) MEDICAL CARE.—(1) The Secretary of Defense 

16 shall establish protocols for providing medical care to a 

17 member of the armed forces who is a victim of a sexual 

18 assault, including protocols with respect to the appropriate 

19 screening, prevention, and mitigation of diseases. 

20 ‘‘(2) In establishing the protocols under paragraph (1), 

21 the Secretary shall take into consideration the sex of the 

22 member of the armed forces. 

23 ‘‘(b) MEDICAL RECORDS.—The Secretary shall ensure 

24 that— 


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1 ‘‘(1) an accurate and complete medical record is 

2 made for each member of the armed forces who is a 

3 victim of a sexual assault with respect to the physical 

4 and mental condition of the member resulting from 

5 the assault; and 

6 ‘‘(2) such record complies with the requirement 

7 for confidentiality in making a restricted report 

8 under section 1044e(b) of this title. 

9 ‘‘(c) RESTRICTED REPORTING.—Nothing in this sec10 tion shall be construed as affecting the right of a member 

11 of the armed forces to make a restricted report under section 

12 1044e(b) of this title.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections at 

14 the beginning of such chapter is amended by inserting after 

15 the item relating to section 1074l the following new item: 

‘‘1074m. Medical care for members who are victims of sexual assault.’’. 

16 SEC. 1647. PRIVILEGE AGAINST DISCLOSURE OF CERTAIN 

17 COMMUNICATIONS WITH SEXUAL ASSAULT 

18 VICTIM ADVOCATES. 

19 (a) PRIVILEGE ESTABLISHED.— 

20 (1) IN GENERAL.—Chapter 53 of title 10, United 

21 States Code is amended by inserting after section 

22 1034a the following new section: 


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1 ‘‘§ 1034b. Privilege against disclosure of certain com2 munications with Sexual Assault Victim 

3 Advocates 

4 ‘‘A confidential communication between the victim of 

5 a sexual assault or other offense covered by section 920 of 

6 this title (article 120 of the Uniform Code of Military Jus7 tice) and a Sexual Assault Victim Advocate assigned under 

8 section 1568 of this title, including a deployable Sexual As9 sault Victim Advocate, shall be treated in the same manner 

10 as a confidential communication between a patient and a 

11 psychiatrist for purposes of any privilege which may attach 

12 to such a communication.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of such chapter is amended by 

15 inserting after the item relating to section 1034a the 

16 following new item: 

‘‘1034b. Privilege against disclosure of certain communications with Sexual Assault Victim Advocates.’’. 

17 (b) APPLICABILITY.—Section 1034b of title 10, United 

18 States Code, as added by subsection (a), applies to commu19 nications described in such section whether made before, on, 

20 or after the date of the enactment of this Act. 

21 Subtitle D—Other Matters 

22 SEC. 1661. RECRUITER SELECTION AND OVERSIGHT. 

23 (a) SCREENING, TRAINING, AND OVERSIGHT OF RE24 CRUITERS.—The Secretaries of the military departments 


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1 shall ensure effective recruiter selection and oversight with 

2 regard to sexual assault prevention and response by ensur3 ing that— 

4 (1) recruiters are screened and trained under the 

5 sexual assault prevention and response program; 

6 (2) sexual assault prevention and response pro7 gram information is disseminated to recruiters and 

8 potential recruits for the Armed Forces; and 

9 (3) oversight is in place to preclude the potential 

10 for sexual misconduct by recruiters. 

11 (b) IMPROVED AWARENESS OF RECRUITS.—Com12 manders of recruiting organizations and Military Entrance 

13 Processing Stations shall ensure that sexual assault preven14 tion and response awareness campaign materials are avail15 able and posted in locations visible to potential and actual 

16 recruits for the Armed Forces. 

17 SEC. 1662. AVAILABILITY OF SERVICES UNDER SEXUAL AS18 SAULT PREVENTION AND RESPONSE PRO19 GRAM FOR DEPENDENTS OF MEMBERS, MILI20 TARY RETIREES, DEPARTMENT OF DEFENSE 

21 CIVILIAN EMPLOYEES, AND DEFENSE CON22 TRACTOR EMPLOYEES. 

23 (a) NOTIFICATION OF EXTENT OF CURRENT SERV24 ICES.—Not later than 90 days after the date of the enact25 ment of this Act, the Secretary of Defense shall revise mateVerDate Mar 15 2010 02:21 May 22, 2010 Jkt 089200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 rials made available under the sexual assault prevention 

2 and response program to include information on the extent 

3 to which dependents of members of the Armed Forces, re4 tired members, Department of Defense civilian employees, 

5 and employees of defense contractors are eligible for sexual 

6 assault prevention and response services under the sexual 

7 assault prevention and response program. 

8 (b) REPORT REQUIRED.—Not later than one year after 

9 the date of the enactment of this Act, the Secretary of De10 fense shall submit to the congressional defense committees 

11 a report on the feasibility of extending all sexual assault 

12 prevention and response services available for a member of 

13 the Armed Forces who is the victim of a sexual assault to 

14 persons referred to in subsection (a). 

15 SEC. 1663. APPLICATION OF SEXUAL ASSAULT PREVENTION 

16 AND RESPONSE PROGRAM IN TRAINING ENVI17 RONMENTS. 

18 The Secretaries of the military departments shall en19 sure that a member of the Armed Forces who is a victim 

20 of a sexual assault in a training environment is provided, 

21 to the maximum extent possible, with confidential access to 

22 victim support services and afforded time for recovery. The 

23 member should not be required to repeat training unless 

24 the time needed for support services and recovery signifi25 cantly interferes with the progress of the member’s training. 


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1 SEC. 1664. APPLICATION OF SEXUAL ASSAULT PREVENTION 

2 AND RESPONSE PROGRAM IN REMOTE ENVI3 RONMENTS AND JOINT BASING SITUATIONS. 

4 (a) REMOTE AND DEPLOYED ENVIRONMENTS.—The 

5 Secretary of Defense and the combatant commanders shall 

6 ensure that the sexual assault prevention and response pro7 gram continues to operate even in remote environments in 

8 which members of the Armed Forces are deployed, including 

9 coalition operations. 

10 (b) JOINT BASING.—The Secretary of Defense shall 

11 monitor the implementation of the sexual assault preven12 tion and response program and military justice and juris13 diction issues at joint basing locations. Elements of the 

14 Armed Forces sharing a joint base location shall closely col15 laborate on sexual assault prevention and response issues 

16 to ensure consistency in approach and messages at the joint 

17 base location. 

18 DIVISION B—MILITARY CON19 STRUCTION AUTHORIZA20 TIONS 

21 SEC. 2001. SHORT TITLE. 

22 This division may be cited as the ‘‘Military Construc23 tion Authorization Act for Fiscal Year 2011’’. 


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1 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

2 AMOUNTS REQUIRED TO BE SPECIFIED BY 

3 LAW. 

4 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

5 YEARS.—Except as provided in subsection (b), all author6 izations contained in titles XXI through XXVII and title 

7 XXIX for military construction projects, land acquisition, 

8 family housing projects and facilities, and contributions to 

9 the North Atlantic Treaty Organization Security Invest10 ment Program (and authorizations of appropriations there11 for) shall expire on the later of— 

12 (1) October 1, 2013; or 

13 (2) the date of the enactment of an Act author14 izing funds for military construction for fiscal year 

15 2014. 

16 (b) EXCEPTION.—Subsection (a) shall not apply to au17 thorizations for military construction projects, land acqui18 sition, family housing projects and facilities, and contribu19 tions to the North Atlantic Treaty Organization Security 

20 Investment Program (and authorizations of appropriations 

21 therefor), for which appropriated funds have been obligated 

22 before the later of— 

23 (1) October 1, 2013; or 

24 (2) the date of the enactment of an Act author25 izing funds for fiscal year 2014 for military construc26 tion projects, land acquisition, family housing 


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1 projects and facilities, and contributions to the North 

2 Atlantic Treaty Organization Security Investment 

3 Program. 

4 SEC. 2003. EFFECTIVE DATE. 

5 Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, 

6 and XXIX shall take effect on the later of— 

7 (1) October 1, 2010; or 

8 (2) the date of the enactment of this Act. 

9 SEC. 2004. GENERAL REDUCTION ACROSS DIVISION. 

10 (a) REDUCTION.—Of the amounts provided in the au11 thorizations of appropriations in this division, the overall 

12 authorization of appropriations in this division is reduced 

13 by $441,096,000. 

14 (b) REPORT ON APPLICATION.—Not later than 90 days 

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

16 of Defense shall submit to the congressional defense commit17 tees a report describing how the reduction required by sub18 section (a) is applied. 

19 TITLE XXI—ARMY MILITARY 

20 CONSTRUCTION 

21 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

22 ACQUISITION PROJECTS AND AUTHORIZA23 TION OF APPROPRIATIONS. 

24 (a) INSIDE THE UNITED STATES.—The Secretary of 

25 the Army may acquire real property and carry out military 


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1 construction projects for the installations or locations inside 

2 the United States, and subject to the purpose, total amount 

3 authorized, and authorization of appropriations specified 

4 for each project, set forth in the following table: 

Army: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AK Fort Wainwright ............... Urban Assault Course ......................................... 3,350 3,350 

AK Fort Richardson ................ Multipurpose Machine Gun Range .................... 12,200 12,200 

AK Fort Greely ......................... Fire Station ......................................................... 26,000 26,000 

AK Fort Wainwright ............... Aviation Task Force Complex, Ph 2B (Company Ops Facility) ......................................... 27,000 27,000 

AK Fort Richardson ................ Simulations Center ............................................. 34,000 34,000 

AK Fort Richardson ................ Brigade Complex, Ph 1 ....................................... 67,038 67,038 

AK Fort Wainwright ............... Aviation Task Force Complex, Ph 2A (Hangar) ..................................................................... 142,650 142,650 

AL Fort Rucker ........................ Training Aids Center .......................................... 4,650 4,650 

AL Fort Rucker ........................ Aviation Component Maintenance Shop ........... 29,000 29,000 

AL Fort Rucker ........................ Aviation Maintenance Facility .......................... 36,000 36,000 

CA Presidio Monterey .............. Satellite Communications Facility .................... 38,000 38,000 

CA Presidio Monterey .............. General Instruction Building ............................. 39,000 39,000 

CA Presidio Monterey .............. Advanced Individual Training Barracks .......... 63,000 63,000 

CO Fort Carson ........................ Automated Sniper Field Fire Range ................. 3,650 3,650 

CO Fort Carson ........................ Battalion Headquarters ...................................... 6,700 6,700 

CO Fort Carson ........................ Simulations Center ............................................. 40,000 40,000 

CO Fort Carson ........................ Brigade Complex ................................................. 56,000 56,000 

FL Eglin AB ............................ Chapel ................................................................... 6,900 6,900 

FL US Army Garrison Miami Commissary ......................................................... 19,000 19,000 

FL Miami-Dade County ......... Command & Control Facility ............................ 41,000 41,000 

GA Fort Stewart ...................... Modified Record Fire Range .............................. 3,750 3,750 

GA Fort Gordon ....................... Training Aids Center .......................................... 4,150 4,150 

GA Fort Stewart ...................... Automated Infantry Platoon Battle Course ...... 6,200 6,200 

GA Fort Stewart ...................... Training Aids Center .......................................... 7,000 7,000 

GA Fort Stewart ...................... General Instruction Building ............................. 8,200 8,200 

GA Fort Stewart ...................... Automated Multipurpose Machine Gun Range 9,100 9,100 

GA Fort Benning ..................... Land Acquisition ................................................. 12,200 12,200 

GA Fort Benning ..................... Training Battalion Complex, Ph 2 .................... 14,600 14,600 

GA Fort Benning ..................... Training Battalion Complex, Ph 2 .................... 14,600 14,600 

GA Fort Stewart ...................... Battalion Complex ............................................... 18,000 18,000 

GA Fort Stewart ...................... Simulations Center ............................................. 26,000 26,000 

GA Fort Benning ..................... Museum Operations Support Building ............. 32,000 32,000 

GA Fort Stewart ...................... Aviation Unit Operations Complex ................... 47,000 47,000 

GA Fort Benning ..................... Trainee Barracks, Ph 2 ...................................... 51,000 51,000 

GA Fort Benning ..................... Vehicle Maintenance Shop .................................. 53,000 53,000 

HI Fort Shafter ....................... Flood Mitigation .................................................. 23,000 23,000 

HI Schofield Barracks ............. Training Aids Center .......................................... 24,000 24,000 

HI Tripler Army Medical 

Center ............................. Barracks ............................................................... 28,000 28,000 

HI Fort Shafter ....................... Command & Control Facility, Ph 1 .................. 58,000 58,000 

HI Schofield Barracks ............. Barracks ............................................................... 90,000 90,000 

HI Schofield Barracks ............. Barracks ............................................................... 98,000 98,000 

KS Fort Riley .......................... Automated Infantry Squad Battle Course ........ 4,100 4,100 

KS Fort Leavenworth .............. Vehicle Maintenance Shop .................................. 7,100 7,100 

KS Fort Riley .......................... Known Distance Range ...................................... 7,200 7,200 

KS Fort Riley .......................... Automated Qualification/Training Range ........ 14,800 14,800 

KS Fort Riley .......................... Battalion Complex, Ph 1 .................................... 31,000 31,000 

KY Fort Campbell .................... Automated Sniper Field Fire Range ................. 1,500 1,500 

KY Fort Campbell .................... Urban Assault Course ......................................... 3,300 3,300 

KY Fort Campbell .................... Rappelling Training Area .................................. 5,600 5,600 

KY Fort Knox ........................... Access Corridor Improvements ........................... 6,000 6,000 

KY Fort Knox ........................... Military Operation Urban Terrain Collective 

Training Facility ............................................ 12,800 12,800 

KY Fort Campbell .................... Vehicle Maintenance Shop .................................. 15,500 15,500 

KY Fort Campbell .................... Company Operations Facilities ......................... 25,000 25,000 

KY Fort Campbell .................... Unit Operations Facilities ................................. 26,000 26,000 

KY Fort Campbell .................... Brigade Complex ................................................. 67,000 67,000 

LA Fort Polk ............................ Heavy Sniper Range ........................................... 4,250 4,250 

LA Fort Polk ............................ Land Acquisition ................................................. 6,000 6,000 

LA Fort Polk ............................ Land Acquisition ................................................. 24,000 24,000 

LA Fort Polk ............................ Barracks ............................................................... 29,000 29,000 

MD Fort Meade ......................... Indoor Firing Range ........................................... 7,600 7,600 

MD Aberdeen Proving Ground Auto Tech Evaluate Facility, Ph 2 .................... 14,600 14,600 

MD Fort Meade ......................... Wideband SATCOM Operations Center ............ 25,000 25,000 


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Army: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

MO Fort Leonard Wood ........... General Instruction Building ............................. 7,000 7,000 

MO Fort Leonard Wood ........... Brigade Headquarters ......................................... 12,200 12,200 

MO Fort Leonard Wood ........... Information Systems Facility ............................ 15,500 15,500 

MO Fort Leonard Wood ........... Training Barracks .............................................. 19,000 19,000 

MO Fort Leonard Wood ........... Barracks ............................................................... 29,000 29,000 

MO Fort Leonard Wood ........... Transient Advanced Trainee Barracks, Ph 2 ... 29,000 29,000 

NC Fort Bragg ......................... Vehicle Maintenance Shop .................................. 7,500 7,500 

NC Fort Bragg ......................... Dining Facility ................................................... 11,200 11,200 

NC Fort Bragg ......................... Company Operations Facilities ......................... 12,600 12,600 

NC Fort Bragg ......................... Staging Area Complex ........................................ 14,600 14,600 

NC Fort Bragg ......................... Murchison Road Right of Way Acquisition ...... 17,000 17,000 

NC Fort Bragg ......................... Student Barracks ................................................. 18,000 18,000 

NC Fort Bragg ......................... Brigade Complex ................................................. 25,000 25,000 

NC Fort Bragg ......................... Vehicle Maintenance Shop .................................. 28,000 28,000 

NC Fort Bragg ......................... Battalion Complex ............................................... 33,000 33,000 

NC Fort Bragg ......................... Brigade Complex ................................................. 41,000 41,000 

NC Fort Bragg ......................... Brigade Complex ................................................. 50,000 50,000 

NC Fort Bragg ......................... Command and Control Facility ......................... 53,000 53,000 

NM White Sands ....................... Barracks ............................................................... 29,000 29,000 

NY U.S. Military Academy ..... Urban Assault Course ......................................... 1,700 1,700 

NY Fort Drum ......................... Alert Holding Area Facility ............................... 6,700 6,700 

NY Fort Drum ......................... Infantry Squad Battle Course ............................ 8,200 8,200 

NY Fort Drum ......................... Aircraft Fuel Storage Complex .......................... 14,600 14,600 

NY Fort Drum ......................... Aircraft Maintenance Hangar ........................... 16,500 16,500 

NY Fort Drum ......................... Training Aids Center .......................................... 18,500 18,500 

NY Fort Drum ......................... Brigade Complex, Ph 1 ....................................... 55,000 55,000 

NY Fort Drum ......................... Transient Training Barracks ............................. 55,000 55,000 

NY Fort Drum ......................... Battalion Complex ............................................... 61,000 61,000 

NY U.S. Military Academy ..... Science Facility, Ph 2 ......................................... 130,624 130,624 

OK McAlester ............................ Igloo Storage, Depot Level .................................. 3,000 3,000 

OK Fort Sill ............................. Museum Operations Support Building ............. 12,800 12,800 

OK Fort Sill ............................. General Purpose Storage Building .................... 13,800 13,800 

SC Fort Jackson ...................... Training Aids Center .......................................... 17,000 17,000 

SC Fort Jackson ...................... Trainee Barracks ................................................. 28,000 28,000 

SC Fort Jackson ...................... Trainee Barracks Complex, Ph 1 ....................... 46,000 46,000 

TX Fort Bliss ........................... Light Demolition Range ..................................... 2,100 2,100 

TX Fort Hood .......................... Live Fire Exercise Shoothouse ............................ 2,100 2,100 

TX Fort Hood .......................... Urban Assault Course ......................................... 2,450 2,450 

TX Fort Bliss ........................... Urban Assault Course ......................................... 2,800 2,800 

TX Fort Bliss ........................... Squad Defense Range .......................................... 3,000 3,000 

TX Fort Bliss ........................... Live Fire Exercise Shoothouse ............................ 3,150 3,150 

TX Fort Hood .......................... Convoy Live Fire ................................................. 3,200 3,200 

TX Fort Bliss ........................... Heavy Sniper Range ........................................... 3,500 3,500 

TX Fort Hood .......................... Company Operations Facilities ......................... 4,300 4,300 

TX Fort Sam Houston ............ Training Aids Center .......................................... 6,200 6,200 

TX Fort Bliss ........................... Automated Multipurpose Machine Gun Range 6,700 6,700 

TX Fort Bliss ........................... Vehicle Bridge Overpass ...................................... 8,700 8,700 

TX Corpus Christi NAS .......... Rotor Blade Processing Facility, Ph 2 .............. 13,400 13,400 

TX Fort Bliss ........................... Indoor Swimming Pool ....................................... 15,500 15,500 

TX Fort Bliss ........................... Scout/Reconnaissance Crew Engagement Gunnery Complex ................................................... 15,500 15,500 

TX Fort Sam Houston ............ Simulations Center ............................................. 16,000 16,000 

TX Fort Bliss ........................... Theater High Altitude Area Defense Battery 

Complex ............................................................ 17,500 17,500 

TX Fort Bliss ........................... Company Operations Facilities ......................... 18,500 18,500 

TX Fort Bliss ........................... Digital Multipurpose Training Range .............. 22,000 22,000 

TX Fort Bliss ........................... Transient Training Complex .............................. 31,000 31,000 

TX Fort Hood .......................... Brigade Complex ................................................. 38,000 38,000 

TX Fort Hood .......................... Battalion Complex ............................................... 40,000 40,000 

TX Fort Hood .......................... Unmanned Aerial System Hangar .................... 55,000 55,000 

VA Fort A.P. Hill .................... Known Distance Range ...................................... 3,800 3,800 

VA Fort A.P. Hill .................... Light Demolition Range ..................................... 4,100 4,100 

VA Fort Lee .............................. Company Operations Facility ............................ 4,900 4,900 

VA Fort Lee .............................. Training Aids Center .......................................... 5,800 5,800 

VA Fort A.P. Hill .................... Indoor Firing Range ........................................... 6,200 6,200 

VA Fort Lee .............................. Automated Qualification Training Range ........ 7,700 7,700 

VA Fort A.P. Hill .................... 1200 Meter Range ................................................ 14,500 14,500 

VA Fort Eustis ......................... Warrior in Transition Complex ......................... 18,000 18,000 

VA Fort Lee .............................. Museum Operations Support Building ............. 30,000 30,000 

VA Fort A.P. Hill .................... Military Operation Urban Terrain Collective 

Training Facility ............................................ 65,000 65,000 

WA Yakima ............................... Sniper Field Fire Range .................................... 3,750 3,750 

WA Fort Lewis .......................... Rappelling Training Area .................................. 5,300 5,300 

WA Fort Lewis .......................... Regional Logistic Support Complex Warehouse 16,500 16,500 

WA Fort Lewis .......................... Barracks Complex ............................................... 40,000 40,000 

WA Fort Lewis .......................... Barracks ............................................................... 47,000 47,000 

WA Fort Lewis .......................... Regional Logistic Support Complex .................. 63,000 63,000 

ZU Various ............................... Training Barracks .............................................. 190,000 190,000 


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Army: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

............................................. ...............................................................................

1 (b) OUTSIDE THE UNITED STATES.—The Secretary of 

2 the Army may acquire real property and carry out military 

3 construction projects for the installations or locations out4 side the United States, and subject to the purpose, total 

5 amount authorized, and authorization of appropriations 

6 specified for each project, set forth in the following table: 

Army: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Bagram AB .......................... Joint Defense Operations Center .................... 2,800 2,800 

AF Bagram AB .......................... Entry Control Point ........................................ 7,500 7,500 

AF Bagram AB .......................... Eastside Electrical Distribution ..................... 10,400 10,400 

AF Bagram AB .......................... Consolidated Community Support Area ........ 14,800 14,800 

AF Bagram AB .......................... Barracks ........................................................... 18,000 18,000 

AF Bagram AB .......................... Army Aviation HQ Facilities ........................ 19,000 19,000 

AF Bagram AB .......................... Eastside Utilities Infrastructure .................... 29,000 29,000 

GY Wiesbaden AB ...................... Command and Battle Center, Incr 2 ............. 0 59,500 

GY Wiesbaden AB ...................... Construct New Access Control Point .............. 5,100 5,100 

GY Sembach AB ........................ Confinement Facility ...................................... 9,100 9,100 

GY Ansbach ................................ Physical Fitness Center ................................... 13,800 13,800 

GY Grafenwoehr ......................... Barracks ........................................................... 17,500 17,500 

GY Ansbach ................................ Vehicle Maintenance Shop .............................. 18,000 18,000 

GY Grafenwoehr ......................... Barracks ........................................................... 19,000 19,000 

GY Grafenwoehr ......................... Barracks ........................................................... 19,000 19,000 

GY Grafenwoehr ......................... Barracks ........................................................... 20,000 20,000 

GY Wiesbaden AB ...................... Information Processing Center ....................... 30,400 30,400 

GY Rhine Ordnance Barracks .. Barracks Complex ............................................ 35,000 35,000 

GY Wiesbaden AB ...................... Sensitive Compartmented Information Facility Inc 1 ....................................................... 91,000 46,000 

HO Soto Cano AB ...................... Barracks ........................................................... 20,400 20,400 

IT Vicenza ................................. Brigade Complex - Barracks/Community, 

Incr 4 ............................................................ 0 13,000 

IT Vicenza ................................. Brigade Complex - Operations Support Facility, Incr 4 ................................................ 0 13,000 

KR Camp Walker ....................... Electrical System Upgrade & Natural Gas 

System .......................................................... 19,500 19,500 

............................................... ............................................................................

7 (c) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) INSIDE THE UNITED STATES.—For military 

9 construction projects inside the United States author10 ized by subsection (a), funds are hereby authorized to 

11 be appropriated for fiscal years beginning after SepVerDate Mar 15 2010 02:21 May 22, 2010 Jkt 089200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 tember 30, 2010, in the total amount of 

2 $3,456,462,000. 

3 (2) OUTSIDE THE UNITED STATES.—For mili4 tary construction projects outside the United States 

5 authorized by subsection (b), funds are hereby author6 ized to be appropriated for fiscal years beginning 

7 after September 30, 2010, in the total amount of 

8 $459,800,000. 

9 (3) UNSPECIFIED MINOR MILITARY CONSTRUC10 TION PROJECTS.—For unspecified minor military 

11 construction projects authorized by section 2805 of 

12 title 10, United States Code, funds are hereby author13 ized to be appropriated for fiscal years beginning 

14 after September 30, 2010, in the total amount of 

15 $26,450,000. 

16 (4) HOST NATION SUPPORT AND CERTAIN SERV17 ICES AND DESIGN.—For host nation support and ar18 chitectural and engineering services and construction 

19 design under section 2807 of title 10, United States 

20 Code, funds are hereby authorized to be appropriated 

21 for fiscal years beginning after September 30, 2010, 

22 in the total amount of $255,462,000. 

23 SEC. 2102. FAMILY HOUSING. 

24 (a) CONSTRUCTION AND ACQUISITION.—The Secretary 

25 of the Army may construct or acquire family housing units 


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1 (including land acquisition and supporting facilities) at 

2 the installations or locations, and subject to the purpose and 

3 number of units, total amount authorized, and authoriza4 tion of appropriations specified for each project, set forth 

5 in the following table: 

Army: Family Housing 

(Amounts Are Specified In Thousands of Dollars) 

Location Installation or Location 

Purpose of Project 

and Number of Units 

Project 

Amount 

Authorization of 

Appropriations 

AK Fort Wainwright .............. Family Housing Replacement Constrution 

(110 units) ............................................... 21,000 21,000 

GY Baumholder ...................... Family Housing Replacement Construction (64 units) ......................................... 34,329 34,329 

6 (b) PLANNING AND DESIGN.—The Secretary of the 

7 Army may carry out architectural and engineering services 

8 and construction design activities with respect to the con9 struction or improvement of family housing units in an 

10 amount not to exceed $2,040,000. 

11 (c) IMPROVEMENTS TO MILITARY FAMILY HOUSING

12 UNITS.—Subject to section 2825 of title 10, United States 

13 Code, the Secretary of the Army may improve existing mili14 tary family housing units in an amount not to exceed 

15 $35,000,000. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

17 hereby authorized to be appropriated for fiscal years begin18 ning after September 30, 2010— 

19 (1) for construction and acquisition, planning 

20 and design, and improvement of military family 

21 housing and facilities authorized by subsections (a), 

22 (b), and (c) in the total amount of $92,369,000; and 


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1 (2) for support of military family housing (in2 cluding the functions described in section 2833 of title 

3 10, United States Code), in the total amount of 

4 $518,140,000. 

5 SEC. 2103. USE OF UNOBLIGATED ARMY MILITARY CON6 STRUCTION FUNDS IN CONJUNCTION WITH 

7 FUNDS PROVIDED BY THE COMMONWEALTH 

8 OF VIRGINIA TO CARRY OUT CERTAIN FISCAL 

9 YEAR 2002 PROJECT. 

10 (a) FIRE STATION AT FORT BELVOIR, VIRGINIA.—Sec11 tion 2836(d) of the Military Construction Authorization Act 

12 for Fiscal Year 2002 (division B of Public Law 107–107; 

13 115 Stat. 1314), as most recently amended by section 2849 

14 of the John Warner National Defense Authorization Act for 

15 Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2486), 

16 is further amended— 

17 (1) in paragraph (2), by inserting ‘‘through a 

18 project for construction of an Army standard-design, 

19 two-company fire station at Fort Belvoir, Virginia,’’ 

20 after ‘‘Building 191’’; and 

21 (2) by adding at the end the following new para22 graph: 

23 ‘‘(3) The Secretary may use up to $3,900,000 of avail24 able, unobligated Army military construction funds appro25 priated for a fiscal year before fiscal year 2011, in conjuncVerDate Mar 15 2010 02:21 May 22, 2010 Jkt 089200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 tion with the funds provided under paragraph (1), for the 

2 project described in paragraph (2).’’. 

3 (b) CONGRESSIONAL NOTIFICATION.—The Secretary of 

4 the Army shall provide information, in accordance with sec5 tion 2851(c) of title 10, United States Code, regarding the 

6 project described in the amendment made by subsection (a). 

7 If it becomes necessary to exceed the estimated project cost 

8 of $8,780,000, including $4,880,000 contributed by the 

9 Commonwealth of Virginia, the Secretary shall utilize the 

10 authority provided by section 2853 of such title regarding 

11 authorized cost and scope of work variations. 

12 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

13 CERTAIN FISCAL YEAR 2009 PROJECT. 

14 The table in section 2101(b) of the Military Construc15 tion Authorization Act for Fiscal Year 2009 (division B 

16 of Public Law 110–417; 122 Stat. 4661) is amended by 

17 striking ‘‘Katterbach’’ and inserting ‘‘Grafenwoehr’’. 

18 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

19 CERTAIN FISCAL YEAR 2010 PROJECT. 

20 In the case of the authorization contained in the table 

21 in section 2101(a) of the Military Construction Authoriza22 tion Act for Fiscal Year 2010 (division B of Public Law 

23 111-84; 123 Stat. 2628) for Fort Riley, Kansas, for con24 struction of a Brigade Complex at the installation, the Sec25 retary of the Army may construct up to a 40,100 squareVerDate Mar 15 2010 02:21 May 22, 2010 Jkt 089200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 feet brigade headquarters consistent with the Army’s con2 struction guidelines for brigade headquarters. 

3 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2008 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of the 

6 Military Construction Authorization Act for Fiscal Year 

7 2008 (division B of Public Law 110–181; 122 Stat. 503), 

8 authorizations set forth in the table in subsection (b), as 

9 provided in section 2101 of that Act (122 Stat. 504), shall 

10 remain in effect until October 1, 2011, or the date of the 

11 enactment of an Act authorizing funds for military con12 struction for fiscal year 2012, whichever is later: 

13 (b) TABLE.—The table referred to in subsection (a) is 

14 as follows: 

Army: Extension of 2008 Project Authorizations 

State Installation or 

Location Project Amount 

Georgia .............. Fort Stewart ........... Unit Operations Facilities $16,000,000 

Hawaii .............. Schofield Barracks .. Tactical Vehicle Wash Facility.$10,200,000 

Barracks Complex ............... $51,000,000 

Louisiana .......... Fort Polk ................. Brigade Headquaters .......... $9,800,000 

Child Care Facility ............. $6,100,000 

Missouri ............ Fort Leonard Wood Multipurpose Machine Gun 

Range.

$4,150,000 

Oklahoma .......... Fort Sill .................. Multipurpose Machine Gun 

Range.

$3,300,000 

Washington ....... Fort Lewis ............... Alternative Fuel Facility ... $3,300,000 


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1 TITLE XXII—NAVY MILITARY 

2 CONSTRUCTION 

3 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS AND AUTHORIZA5 TION OF APPROPRIATIONS. 

6 (a) INSIDE THE UNITED STATES.—The Secretary of 

7 the Navy may acquire real property and carry out military 

8 construction projects for the installations or locations inside 

9 the United States, and subject to the purpose, total amount 

10 authorized, and authorization of appropriations specified 

11 for each project, set forth in the following table: 

Navy: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AL Mobile ................................. T-6 Outlying Landing Field .............................. 29,082 29,082 

AZ Yuma .................................. Aircraft Maintenance Hangar ........................... 40,600 40,600 

AZ Yuma .................................. Aircraft Maintenance Hangar ........................... 63,280 63,280 

AZ Yuma .................................. Communications Infrastructure Upgrade ......... 63,730 63,730 

AZ Yuma .................................. Intermediate Maintenance Activity Facility .... 21,480 21,480 

AZ Yuma .................................. Simulator Facility .............................................. 36,060 36,060 

AZ Yuma .................................. Utilities Infrastructure Upgrades ...................... 44,320 44,320 

AZ Yuma .................................. Van Pad Complex Relocation ............................. 15,590 15,590 

CA Coronado NB ..................... Maritime Expeditionary Security Group- One 

(MESG-1) Consolidated Boat Maintenance 

Facility ............................................................. 6,890 6,890 

CA Monterey NSA ................... International Academic Instruction Building .. 11,960 11,960 

CA Camp Pendleton ................ Bachelor Enlisted Quarters - 13 Area ............... 42,864 42,864 

CA Camp Pendleton ................ Bachelor Enlisted Quarters - Las Flores ........... 37,020 37,020 

CA Camp Pendleton ................ Center for Naval Aviation Technical Training/ 

Fleet Replacement Squadron - Aviation 

Training and Bachelor Enlisted Quarters .... 66,110 66,110 

CA Camp Pendleton ................ Conveyance/Water Treatment ............................. 100,700 100,700 

CA Camp Pendleton ................ Marine Aviation Logistics Squadron-39 Maintenance Hangar Expansion ............................ 48,230 48,230 

CA Camp Pendleton ................ Marine Corps Energy Initiative ........................ 9,950 9,950 

CA Camp Pendleton ................ North Region Tert Treat Plant (Incremented) 0 30,000 

CA Camp Pendleton ................ Small Arms Magazine - Edson Range .............. 3,760 3,760 

CA Camp Pendleton ................ Truck Company Operations Complex ................ 53,490 53,490 

CA Coronado ............................ Rotary Hangar .................................................... 67,160 67,160 

CA Miramar ............................. Aircraft Maintenance Hangar ........................... 90,490 90,490 

CA Miramar ............................. Hangar 4 .............................................................. 33,620 33,620 

CA Miramar ............................. Parking Apron/ Taxiway Expansion ................ 66,500 66,500 

CA San Diego ........................... Bachelor Enlisted Quarters, Homeport Ashore 75,342 75,342 

CA San Diego ........................... Berthing Pier 12 Replace & Dredging, Ph 1 .... 108,414 108,414 

CA San Diego ........................... Marine Corps Energy Initiative ........................ 9,950 9,950 

CA Twentynine Palms ............ Bachelor Enlisted Quarters & Parking Structure ................................................................... 53,158 53,158 

FL Panama City NSA ............ Purchase 9 Acres ................................................. 5,960 5,960 

FL Blount Island ..................... Consolidated Warehouse Facility ....................... 17,260 17,260 

FL Blount Island ..................... Container Staging and Loading Lot ................. 5,990 5,990 

FL Blount Island ..................... Container Storage Lot ........................................ 4,910 4,910 

FL Blount Island ..................... Hardstand Extension .......................................... 17,930 17,930 

FL Blount Island ..................... Paint and Blast Facility .................................... 18,840 18,840 

FL Blount Island ..................... Washrack Expansion ........................................... 9,690 9,690 

FL Tampa ................................ Joint Comms Support Element Vehicle Paint 

Facility ............................................................. 2,300 2,300 

GA Albany MCLB .................... Maintenance Center Test Firing Range ............ 5,180 5,180 


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Navy: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

GA Kings Bay .......................... Security Enclave & Vehicle Barriers ................. 45,004 45,004 

GA Kings Bay .......................... Waterfront Emergency Power ............................. 15,660 15,660 

HI Camp Smith ...................... Physical Fitness Center ...................................... 29,960 29,960 

HI Kaneohe Bay ...................... Bachelor Enlisted Quarters ................................ 90,530 90,530 

HI Kaneohe Bay ...................... Waterfront Operations Facility ......................... 19,130 19,130 

HI Pearl Harbor ..................... Center for Disaster Mgt/Humanitarian Assistance ................................................................... 9,140 9,140 

HI Pearl Harbor ..................... Joint POW/MIA Accounting Command ............ 99,328 99,328 

MD Patuxent River NAS ......... Atlantic Test Range Addition ............................ 10,160 10,160 

MD Indian Head ...................... Agile Chemical Facility, Ph 2 ............................ 34,238 34,238 

MD Patuxent River .................. Broad Area Maritime Surveillance & E Facility ..................................................................... 42,211 42,211 

ME Portsmouth NSY ................ Structural Shops Addition, Ph 1 ....................... 11,910 11,910 

NC Camp Lejeune .................... 2nd Intel Battalion Maintenance/Ops Complex 90,270 90,270 

NC Camp Lejeune .................... Armory- II MEF - Wallace Creek ...................... 12,280 12,280 

NC Camp Lejeune .................... Bachelor Enlisted Quarters - Courthouse Bay .. 40,780 40,780 

NC Camp Lejeune .................... Bachelor Enlisted Quarters - Courthouse Bay .. 42,330 42,330 

NC Camp Lejeune .................... Bachelor Enlisted Quarters - French Creek ...... 43,640 43,640 

NC Camp Lejeune .................... Bachelor Enlisted Quarters - Rifle Range ........ 55,350 55,350 

NC Camp Lejeune .................... Bachelor Enlisted Quarters - Wallace Creek ..... 51,660 51,660 

NC Camp Lejeune .................... Bachelor Enlisted Quarters - Wallace Creek 

North ................................................................ 46,290 46,290 

NC Camp Lejeune .................... Bachelor Enlisted Quarters- Camp Johnson ..... 46,550 46,550 

NC Camp Lejeune .................... Explosive Ordnanance Disposal Unit Addition 

- 2nd Marine Logistics Group ........................ 7,420 7,420 

NC Camp Lejeune .................... Hangar ................................................................. 73,010 73,010 

NC Camp Lejeune .................... Maintenance Hangar .......................................... 74,260 74,260 

NC Camp Lejeune .................... Maintenance/Ops Complex - 2ND Air Naval 

Gunfire Liaison Company .............................. 36,100 36,100 

NC Camp Lejeune .................... Marine Corps Energy Initiative ........................ 9,950 9,950 

NC Camp Lejeune .................... Mess Hall - French Creek ................................... 25,960 25,960 

NC Camp Lejeune .................... Mess Hall Addition - Courthouse Bay ............... 2,553 2,553 

NC Camp Lejeune .................... Motor Transportation/Communications Maintenance Facility ............................................... 18,470 18,470 

NC Camp Lejeune .................... Utility Expansion - Hadnot Point .................... 56,470 56,470 

NC Camp Lejeune .................... Utility Expansion-French Creek ........................ 56,050 56,050 

NC Cherry Point Marine 

Corps Air Station ......... Bachelor Enlisted Quarters ................................ 42,500 42,500 

NC Cherry Point Marine 

Corps Air Station ......... Mariners Bay Land Acquisition - Bogue .......... 3,790 3,790 

NC Cherry Point Marine 

Corps Air Station ......... Missile Magazine ................................................. 13,420 13,420 

NC Cherry Point Marine 

Corps Air Station ......... Station Infrastructure Upgrades ........................ 5,800 5,800 

RI Newport .............................. Electromagnetic Facility .................................... 27,007 27,007 

SC Beaufort .............................. Air Installation Compatable Use Zone Land 

Acquisition ....................................................... 21,190 21,190 

SC Beaufort .............................. Aircraft Hangar .................................................. 46,550 46,550 

SC Beaufort .............................. Physical Fitness Center ...................................... 15,430 15,430 

SC Beaufort .............................. Training and Simulator Facility ...................... 46,240 46,240 

TX Kingsville NAS .................. Youth Center ........................................................ 2,610 2,610 

VA Norfolk ................................ Pier 9 & 10 Upgrades for DDG 1000 ............... 2,400 2,400 

VA Norfolk ................................ Pier 1 Upgrades to Berth USNS Comfort ......... 10,035 10,035 

VA Portsmouth ......................... Ship Repair Pier Replacement .......................... 0 100,000 

VA Quantico ............................. Academic Facility Addition - Staff Non 

Comissioned Officer Academy ........................ 12,080 12,080 

VA Quantico ............................. Bachelor Enlisted Quarters ................................ 37,810 37,810 

VA Quantico ............................. Research Center Addition- MCU ........................ 37,920 37,920 

VA Quantico ............................. Student Officer Quarters - The Basic School .... 55,822 55,822 

WA Kitsap NB .......................... Charleston Gate ECP Improvements ................. 6,150 6,150 

WA Bangor ................................ Commander Submarine Development Squadron 5 Laboratory Expansion Ph1 .................. 16,170 16,170 

WA Bangor ................................ Limited Area Emergency Power ........................ 15,810 15,810 

WA Bangor ................................ Waterfront Restricted Area Emergency Power 24,913 24,913 

WA Bremerton .......................... Limited Area Product/STRG Complex (incremented) ............................................................. 0 19,116 

1 (b) OUTSIDE THE UNITED STATES.—The Secretary of 

2 the Navy may acquire real property and carry out military 

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1 side the United States, and subject to the purpose, total 

2 amount authorized, and authorization of appropriations 

3 specified for each project, set forth in the following table: 

Navy: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

BI SW Asia ............................... Navy Central Command Ammunition Magazines .............................................................. 89,280 89,280 

BI SW Asia ............................... Operations and Support Facilities ................ 60,002 60,002 

BI SW Asia ............................... Waterfront Development, Ph 3 ....................... 63,871 63,871 

DJ Camp Lemonier ................... Camp Lemonier HQ Facility ......................... 12,407 12,407 

DJ Camp Lemonier ................... General Warehouse .......................................... 7,324 7,324 

DJ Camp Lemonier ................... Horn of Africa Joint Operations Center ....... 28,076 28,076 

DJ Camp Lemonier ................... Pave External Roads ....................................... 3,824 3,824 

JA Atsugi ................................... MH-60R/S Trainer Facility ........................... 6,908 6,908 

ML Guam .................................... Anderson AFB North Ramp Parking, Ph 1, 

Inc 2 ............................................................. 0 93,588 

ML Guam .................................... Anderson AFB North Ramp Utilities, Ph 1, 

Inc 2 ............................................................. 0 79,350 

ML Guam .................................... Apra Harbor Wharves Improvements, Ph 1 .. 0 40,000 

ML Guam .................................... Defense Access Roads Improvements .............. 66,730 66,730 

ML Guam .................................... Finegayan Site Prep and Utilities ................ 147,210 147,210 

SP Rota ...................................... Air Traffic Control Tower .............................. 23,190 23,190 

4 (c) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) INSIDE THE UNITED STATES.—For military 

6 construction projects inside the United States author7 ized by subsection (a), funds are hereby authorized to 

8 be appropriated for fiscal years beginning after Sep9 tember 30, 2010, in the total amount of 

10 $3,077,237,000. 

11 (2) OUTSIDE THE UNITED STATES.—For mili12 tary construction projects outside the United States 

13 authorized by subsection (b), funds are hereby author14 ized to be appropriated for fiscal years beginning 

15 after September 30, 2010, in the total amount of 

16 $721,760,000. 

17 (3) UNSPECIFIED MINOR MILITARY CONSTRUC18 TION PROJECTS.—For unspecified minor military 


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1 construction projects authorized by section 2805 of 

2 title 10, United States Code, funds are hereby author3 ized to be appropriated for fiscal years beginning 

4 after September 30, 2010, in the total amount of 

5 $20,877,000. 

6 (4) ARCHITECTURAL AND ENGINEERING SERV7 ICES AND CONSTRUCTION DESIGN.—For architectural 

8 and engineering services and construction design 

9 under section 2807 of title 10, United States Code, 

10 funds are hereby authorized to be appropriated for 

11 fiscal years beginning after September 30, 2010, in 

12 the total amount of $121,765,000. None of the funds 

13 appropriated pursuant to this authorization of appro14 priations may be used for architectural and engineer15 ing services and construction design of any military 

16 construction project necessary to establish a homeport 

17 for a nuclear-powered aircraft carrier at Naval Sta18 tion Mayport, Florida. 

19 SEC. 2202. FAMILY HOUSING. 

20 (a) CONSTRUCTION AND ACQUISITION.—The Secretary 

21 of the Navy may construct or acquire family housing units 

22 (including land acquisition and supporting facilities) at 

23 the installations or locations, and subject to the purpose and 

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1 tion of appropriations specified for each project, set forth 

2 in the following table: 

Navy: Family Housing 

(Amounts Are Specified In Thousands of Dollars) 

Location Installation or Location 

Purpose of Project 

and Number of Units 

Project 

Amount 

Authorization of 

Appropriations 

GB Guantanamo Bay ............ Replace GTMO Housing ............................ 37,169 37,169 

3 (b) PLANNING AND DESIGN.—The Secretary of the 

4 Navy may carry out architectural and engineering services 

5 and construction design activities with respect to the con6 struction or improvement of family housing units in an 

7 amount not to exceed $3,255,000. 

8 (c) IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.—Subject to section 2825 of title 10, United States 

10 Code, the Secretary of the Navy may improve existing mili11 tary family housing units in an amount not to exceed 

12 $146,020,000. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

14 hereby authorized to be appropriated for fiscal years begin15 ning after September 30, 2010— 

16 (1) for construction and acquisition, planning 

17 and design, and improvement of military family 

18 housing and facilities authorized by subsections (a), 

19 (b), and (c) in the total amount of $186,444,000; and 

20 (2) for support of military family housing (in21 cluding the functions described in section 2833 of title 

22 10, United States Code), in the total amount of 

23 $366,346,000. 


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1 SEC. 2203. TECHNICAL AMENDMENT TO REFLECT MULTI-IN2 CREMENT FISCAL YEAR 2010 PROJECT. 

3 Section 2204 of the Military Construction Authoriza4 tion Act for Fiscal Year 2010 (division B of Public Law 

5 111–84; 123 Stat. 2634), is amended— 

6 (1) in subsection (a), by adding at the end the 

7 following new paragraph: 

8 ‘‘(14) For the construction of the first increment 

9 of a tertiary water treatment plant at Marine Corps 

10 Base, Camp Pendleton, California, authorized by sec11 tion 2201(a), $112,330,000.’’; and 

12 (2) in subsection (b), by adding at the end the 

13 following new paragraph: 

14 ‘‘(7) $30,000,000 (the balance of the amount au15 thorized under section 2201(a) for North Region Ter16 tiary Treatment Plant, Camp Pendleton, Cali17 fornia).’’. 

18 SEC. 2204. EXTENSION OF AUTHORIZATION OF CERTAIN 

19 FISCAL YEAR 2008 PROJECT. 

20 (a) EXTENSION.—Notwithstanding section 2002 of the 

21 Military Construction Authorization Act for Fiscal Year 

22 2008 (division B of Public Law 110–181; 122 Stat. 503), 

23 the authorization set forth in the table in subsection (b), 

24 as provided in section 2201(c) of that Act (122 Stat. 511), 

25 shall remain in effect until October 1, 2011, or the date 


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1 of the enactment of an Act authorizing funds for military 

2 construction for fiscal year 2012, whichever is later: 

3 (b) TABLE.—The table referred to in subsection (a) is 

4 as follows: 

Navy: Extension of 2008 Project Authorization 

Location Installation or 

Location Project Amount 

Worldwide ......... Unspecified .............. Host Nation Infrastructure $2,700,000 

5 TITLE XXIII—AIR FORCE 

6 MILITARY CONSTRUCTION 

7 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

8 LAND ACQUISITION PROJECTS AND AUTHOR9 IZATION OF APPROPRIATIONS. 

10 (a) INSIDE THE UNITED STATES.—The Secretary of 

11 the Air Force may acquire real property and carry out 

12 military construction projects for the installations or loca13 tions inside the United States, and subject to the purpose, 

14 total amount authorized, and authorization of appropria15 tions specified for each project, set forth in the following 

16 table: 

Air Force: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AK Eielson AFB ...................... Repair Central Heat Plant & Power Plant 

Boilers .............................................................. 28,000 28,000 

AK Elmendorf AFB ................. Add/Alter Air Support Operations Squadron 

Training ........................................................... 4,749 4,749 

AK Elmendorf AFB ................. Construct Railhead Operations Facility ........... 15,000 15,000 

AK Elmendorf AFB ................. F-22 Add/Alter Weapons Release Systems Shop 10,525 10,525 

AL Maxwell AFB ..................... ADAL Air University Library ........................... 13,400 13,400 

AZ Davis-Monthan AFB ......... Aerospace Maintenance and Regeneration 

Group Hangar ................................................. 25,000 25,000 

AZ Davis-Monthan AFB ......... HC-130 Aerospace Ground Equipment Maintenance Facility .................................................. 4,600 4,600 

AZ Davis-Monthan AFB ......... HC-130J Aerial Cargo Facility ......................... 10,700 10,700 

AZ Davis-Monthan AFB ......... HC-130J Parts Store .......................................... 8,200 8,200 

AZ Fort Huachuca .................. Total Force Integration-Predator Launch and 

Recovery Element Beddown ........................... 11,000 11,000 

CA Los Angeles AFB ............... Parking Garage, Ph 2 ......................................... 4,500 4,500 

CO Buckley AFB ...................... Security Forces Operations Facility .................. 12,160 12,160 


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Air Force: Military Construction Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

CO Peterson AFB ..................... Rapid Attack Identification Detection Repair 

System Space Control Facility ...................... 24,800 24,800 

CO U.S. Air Force Academy ... Const Center for Character & Leadership Development ......................................................... 27,600 27,600 

DC Bolling AFB ....................... Joint Air Defense Operations Center ................. 13,200 13,200 

DE Dover AFB ......................... C-5M/C-17 Maintenance Training Facility, Ph 

2 ........................................................................ 3,200 3,200 

FL Eglin AFB ......................... F-35 Fuel Cell Maintenance Hangar ................ 11,400 11,400 

FL Hurlburt Field ................... ADAL Special Operations School Facility ....... 6,170 6,170 

FL Hurlburt Field ................... Add to Visiting Quarters (24 Rm) ..................... 4,500 4,500 

FL Hurlburt Field ................... Base Logistics Facility ....................................... 24,000 24,000 

FL Patrick AFB ...................... Air Force Technical Application Center ........... 158,009 79,009 

GA Robins AFB ....................... Warehouse ............................................................ 5,500 5,500 

LA Barksdale AFB .................. Weapons Load Crew Training Facility ............ 18,140 18,140 

MO Whiteman AFB .................. Consolidated Air Ops Facility ........................... 23,500 23,500 

NC Pope AFB ........................... Crash/Fire/Rescue Station .................................. 13,500 13,500 

ND Minot AFB ......................... Control Tower/Base Operations Facility ........... 18,770 18,770 

NJ McGuire AFB .................... Base Ops/Command Post Facility (TFI) .......... 8,000 8,000 

NJ McGuire AFB .................... Dormitory (120 RM) ........................................... 18,440 18,440 

NM Holloman AFB .................. Parallel Taxiway, Runway 07/25 ...................... 8,000 8,000 

NM Kirtland AFB .................... Replace Fire Station ........................................... 6,800 6,800 

NM Cannon AFB ...................... Dormitory (96 rm) .............................................. 14,000 14,000 

NM Cannon AFB ...................... UAS Squadron Ops Facility .............................. 20,000 20,000 

NM Holloman AFB .................. UAS Add/Alter Maintenance Hangar ............... 15,470 15,470 

NM Holloman AFB .................. UAS Maintenance Hangar ................................. 22,500 22,500 

NM Kirtland AFB .................... Aerial Delivery Facility Addition ..................... 3,800 3,800 

NM Kirtland AFB .................... Armament Shop ................................................... 6,460 6,460 

NM Kirtland AFB .................... H/MC-130 Fuel System Maintenance Facility 14,142 14,142 

NV Creech AFB ........................ UAS Airfield Fire/Crash Rescue Station .......... 11,710 11,710 

NV Nellis AFB ......................... F-35 Add/Alter 422 Test Evaluation Squadron 

Facility ............................................................. 7,870 7,870 

NV Nellis AFB ......................... F-35 Add/Alter Flight Test Instrumentation 

Facility ............................................................. 1,900 1,900 

NV Nellis AFB ......................... F-35 Flight Simulator Facility ......................... 13,110 13,110 

NV Nellis AFB ......................... F-35 Maintenance Hangar ................................. 28,760 28,760 

NY Fort Drum ......................... 20th Air Support Operations Squadron Complex ................................................................... 20,440 20,440 

OK Tinker AFB ........................ Upgrade Building 3001 Infrastructure, Ph 3 ... 14,000 14,000 

SC Charleston AFB ................. Civil Engineer Complex (TFI) - Ph 1 ............... 15,000 15,000 

TX Laughlin AFB ................... Community Event Complex ................................ 10,500 10,500 

TX Dyess AFB ......................... C-130J Add/Alter Flight Simulator Facility .... 4,080 4,080 

TX Ellington Field .................. Upgrade Unmanned Aerial Vehicle Maintenance Hangar .................................................. 7,000 7,000 

TX Lackland AFB ................... Basic Military Training Satellite Classroom/ 

Dining Facility No 2 ...................................... 32,000 32,000 

TX Lackland AFB ................... One-Company Fire Station ................................ 5,500 5,500 

TX Lackland AFB ................... Recruit Dormitory, Ph 3 .................................... 67,980 67,980 

TX Lackland AFB ................... Recruit/Family Inprocessing & Info Center ..... 21,800 21,800 

UT Hill AFB ............................ F-22 T-10 Engine Test Cell ................................ 2,800 2,800 

VA Langley AFB ..................... F-22 Add/Alter Hangar Bay LO/CR Facility .. 8,800 8,800 

WY Camp Guernsey ................. Nuclear/Space Security Tactics Training Center ..................................................................... 4,650 4,650 

1 (b) OUTSIDE THE UNITED STATES.—The Secretary of 

2 the Air Force may acquire real property and carry out 

3 military construction projects for the installations or loca4 tions outside the United States, and subject to the purpose, 

5 total amount authorized, and authorization of appropria6 tions specified for each project, set forth in the following 

7 table: 


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Air Force: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Bagram AFB ....................... Consolidated Rigging Facility ........................ 9,900 9,900 

AF Bagram AFB ....................... Fighter Hangar ................................................ 16,480 16,480 

AF Bagram AFB ....................... MEDEVAC Ramp Expansion/Fire Station .. 16,580 16,580 

BI SW Asia ............................... North Apron Expansion .................................. 45,000 45,000 

GU Andersen AFB ..................... Combat Communications Operations Facility ................................................................. 9,200 9,200 

GU Andersen AFB ..................... Commando Warrior Open Bay Student Barracks .............................................................. 11,800 11,800 

GU Andersen AFB ..................... Guam Strike Ops Group & Tanker Task 

Force ............................................................. 9,100 9,100 

GU Andersen AFB ..................... Guam Strike South Ramp Utilities, Ph 1 .... 12,200 12,200 

GU Andersen AFB ..................... Red Horse Headquarters/Engineering Facility ................................................................. 8,000 8,000 

GY Kapaun ................................ Dormitory (128 RM) ....................................... 19,600 19,600 

GY Ramstein AB ....................... Unmanned Aerial System Satellite Communication Relay Pads & Facility ................. 10,800 10,800 

GY Ramstein AFB ..................... Construct C-130J Flight Simulator Facility 8,800 8,800 

GY Ramstein AFB ..................... Deicing Fluid Storage & Dispensing Facility ................................................................. 2,754 2,754 

GY Vilseck ................................... Air Support Operations Squadron Complex 12,900 12,900 

IT Aviano AFB ......................... Air Support Operations Squadron Facility .. 10,200 10,200 

IT Aviano AFB ......................... Dormitory (144 RM) ....................................... 19,000 19,000 

KR Kunsan AFB ....................... Construct Distributed Mission Training 

Flight Simulator Facility ........................... 7,500 7,500 

QA Al Udeid ............................... Blatchford-Preston Complex Ph 2 .................. 62,300 62,300 

UK Royal Air Force Mildenhall Extend Taxiway Alpha ................................... 15,000 15,000 

1 (c) UNSPECIFIED WORLDWIDE.—The Secretary of the 

2 Air Force may acquire real property and carry out mili3 tary construction projects at various unspecified installa4 tions or locations, and subject to the purpose, total amount 

5 authorized, and authorization of appropriations specified 

6 for each project, set forth in the following table: 

Air Force: Unspecified Worldwide 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

ZU Unspecified Worldwide Locations .............................. F-35 Academic Training Center .................... 54,150 54,150 

ZU Unspecified Worldwide Locations .............................. F-35 Flight Simulator Facility ...................... 12,190 12,190 

ZU Various Worldwide Locations .................................. F-35 Squadron Operations Facility .............. 10,260 10,260 

7 (d) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) INSIDE THE UNITED STATES.—For military 

9 construction projects inside the United States author10 ized by subsection (a), funds are hereby authorized to 


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1 be appropriated for fiscal years beginning after Sep2 tember 30, 2010, in the total amount of $836,635,000. 

3 (2) OUTSIDE THE UNITED STATES.—For mili4 tary construction projects outside the United States 

5 authorized by subsection (b), funds are hereby author6 ized to be appropriated for fiscal years beginning 

7 after September 30, 2010, in the total amount of 

8 $307,114,000. 

9 (3) UNSPECIFIED WORLDWIDE.—For the mili10 tary construction projects at unspecified worldwide 

11 locations authorized by subsection (c), funds are here12 by authorized to be appropriated for fiscal years be13 ginning after September 30, 2010, in the total 

14 amount of $76,600,000. 

15 (4) UNSPECIFIED MINOR MILITARY CONSTRUC16 TION PROJECTS.—For unspecified minor military 

17 construction projects authorized by section 2805 of 

18 title 10, United States Code, funds are hereby author19 ized to be appropriated for fiscal years beginning 

20 after September 30, 2010, in the total amount of 

21 $21,000,000. 

22 (5) ARCHITECTURAL AND ENGINEERING SERV23 ICES AND CONSTRUCTION DESIGN.—For architectural 

24 and engineering services and construction design 

25 under section 2807 of title 10, United States Code, 


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1 funds are hereby authorized to be appropriated for 

2 fiscal years beginning after September 30, 2010, in 

3 the total amount of $74,424,000. 

4 SEC. 2302. FAMILY HOUSING. 

5 (a) CONSTRUCTION AND ACQUISITION.—The Secretary 

6 of the Air Force may construct or acquire family housing 

7 units (including land acquisition and supporting facilities) 

8 at the installations or locations, and subject to the purpose 

9 and number of units, total amount authorized, and author10 ization of appropriations specified for each project, set forth 

11 in the following table: 

Air Force: Family Housing 

(Amounts Are Specified In Thousands of Dollars) 

Location Installation or Location 

Purpose of Project 

and Number of Units 

Project 

Amount 

Authorization of 

Appropriations 

ZU Various Worldwide locations .............................. Classified Project ......................................... 50 50 

12 (b) PLANNING AND DESIGN.—The Secretary of the Air 

13 Force may carry out architectural and engineering services 

14 and construction design activities with respect to the con15 struction or improvement of family housing units in an 

16 amount not to exceed $4,225,000. 

17 (c) IMPROVEMENTS TO MILITARY FAMILY HOUSING

18 UNITS.—Subject to section 2825 of title 10, United States 

19 Code, the Secretary of the Air Force may improve existing 

20 military family housing units in an amount not to exceed 

21 $73,750,000. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

2 hereby authorized to be appropriated for fiscal years begin3 ning after September 30, 2010— 

4 (1) for construction and acquisition, planning 

5 and design, and improvement of military family 

6 housing and facilities authorized by subsections (a), 

7 (b), and (c) in the total amount of $78,025,000; and 

8 (2) for support of military family housing (in9 cluding the functions described in section 2833 of title 

10 10, United States Code), in the total amount of 

11 $513,792,000. 

12 SEC. 2303. EXTENSION OF AUTHORIZATION OF CERTAIN 

13 FISCAL YEAR 2007 PROJECT. 

14 (a) EXTENSION.—Notwithstanding section 2701 of the 

15 Military Construction Authorization Act for Fiscal Year 

16 2007 (division B of Public Law 109–364; 120 Stat. 2463), 

17 authorization set forth in the table in subsection (b), as pro18 vided in section 2302 of that Act (120 Stat. 2455) and ex19 tended by section 2306 of the Military Construction Author20 ization Act for Fiscal Year 2010 (division B of Public Law 

21 111–84; 123 Stat. 2638), shall remain in effect until Octo22 ber 1, 2011, or the date of the enactment of an Act author23 izing funds for military construction for fiscal year 2012, 

24 whichever is later. 


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1 (b) TABLE.—The table referred to in subsection (a) is 

2 as follows: 

Air Force: Extension of 2007 Project Authorization 

State Installation Project Amount 

Idaho ................. Mountain Home Air 

Force Base ........... Replace Family Housing 

(457 units) ....................... $107,800,000 

3 TITLE XXIV—DEFENSE AGEN4 CIES MILITARY CONSTRUC5 TION 

6 Subtitle A—Defense Agency 

7 Authorizations 

8 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC9 TION AND LAND ACQUISITION PROJECTS 

10 AND AUTHORIZATION OF APPROPRIATIONS. 

11 (a) INSIDE THE UNITED STATES.—The Secretary of 

12 Defense may acquire real property and carry out military 

13 construction projects for the Defense Agencies at installa14 tions or locations inside the United States, and subject to 

15 the purpose, total amount authorized, and authorization of 

16 appropriations specified for each project, set forth in the 

17 following table: 

Defense Wide: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AZ Marana ............................... Special Operations Forces Parachute Training 

Facility ............................................................. 6,250 6,250 

AZ Yuma .................................. Special Operations Forces Military Free Fall 

Simulator ......................................................... 8,977 8,977 

CA Point Loma Annex ............ Replce Storage Facility, Incr 3 .......................... 0 20,000 

CA Point Mugu ........................ Aircraft Direct Fueling Station ......................... 3,100 3,100 

CO Fort Carson ........................ Special Operations Forces Tactical Unmanned 

Aerial Vehicle Hangar .................................... 3,717 3,717 

DC Bolling AFB ....................... Replace Parking Structure, Ph 1 ....................... 3,000 3,000 

FL Eglin AFB ......................... Special Operations Forces Ground Support 

Battalion Detachment ..................................... 6,030 6,030 


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Defense Wide: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

GA Augusta .............................. National Security Agency/Central Security 

Service Georgia Training Facility ................ 12,855 12,855 

GA Fort Benning ..................... Dexter Elementary School Construct Gym ....... 2,800 2,800 

GA Fort Benning ..................... Special Operations Forces Company Support 

Facility ............................................................. 20,441 20,441 

GA Fort Benning ..................... Special Operations Forces Military Working 

Dog Kennel Complex ....................................... 3,624 3,624 

GA Fort Stewart ...................... Health Clinic Addtion/Alteration ...................... 35,100 35,100 

GA Hunter ANGS .................... Fuel Unload Facility .......................................... 2,400 2,400 

GA Hunter Army Airfield ....... Special Operations Forces Tactical Equipment 

Maintenance Facility Expansion .................. 3,318 3,318 

HI Hickam AFB ..................... Alter Fuel Storage Tanks .................................... 8,500 8,500 

HI Pearl Harbor ..................... Naval Special Warfare Group 3 Command and 

Operations Facility ......................................... 28,804 28,804 

ID Mountain Home AFB ....... Replace Fuel Storage Tanks ............................... 27,500 27,500 

IL Scott Air Force Base ......... Field Command Facility Upgrade ..................... 1,388 1,388 

KY Fort Campbell .................... Special Operations Forces Battalion Ops Complex ................................................................... 38,095 38,095 

MA Hanscom AFB ................... Mental Health Clinic Addition .......................... 2,900 2,900 

MD Aberdeen Proving Ground US Army Medical Research Institue of Infectious Diseases Replacement, Inc 3 ................. 0 105,000 

MD Andrews AFB .................... Replace Fuel Storage & Distribution Facility 14,000 14,000 

MD Bethesda Naval Hospital .. National Naval Medical Center Parking Expansion ............................................................. 17,100 17,100 

MD Bethesda Naval Hospital .. Transient Wounded Warrior Lodging ............... 62,900 62,900 

MD Fort Detrick ....................... Consolidated Logistics Facility .......................... 23,100 23,100 

MD Fort Detrick ....................... Information Services Facility Expansion ......... 4,300 4,300 

MD Fort Detrick ....................... National Interagency Biodefense Campus Security Fencing And Equipment ......................... 2,700 2,700 

MD Fort Detrick ....................... Supplemental Water Storage .............................. 3,700 3,700 

MD Fort Detrick ....................... US Army Medical Research Institue of Infectious Diseases- Stage I, Inc 5 ......................... 0 17,400 

MD Fort Detrick ....................... Water Treatment Plant Repair & Supplement 11,900 11,900 

MD Fort Meade ......................... North Campus Utility Plant .............................. 219,360 219,360 

MS Stennis Space Center ........ Special Operations Forces Land Acquisition, 

Ph 3 .................................................................. 8,000 8,000 

NC Camp Lejeune .................... Tarawa Terrace I Elementry School Replace 

School ............................................................... 16,646 16,646 

NC Fort Bragg ......................... McNair Elementry School- Replace School ....... 23,086 23,086 

NC Fort Bragg ......................... Murray Elementry School - Replace School ..... 22,000 22,000 

NC Fort Bragg ......................... Special Operations Forces Admin/Company 

Operations ........................................................ 10,347 10,347 

NC Fort Bragg ......................... Special Operations Forces C4 Facility .............. 41,000 41,000 

NC Fort Bragg ......................... Special Operations Forces Joint Intelligence 

Brigade Facility .............................................. 32,000 32,000 

NC Fort Bragg ......................... Special Operations Forces Operational Communications Facility ...................................... 11,000 11,000 

NC Fort Bragg ......................... Special Operations Forces Operations Additions .................................................................. 15,795 15,795 

NC Fort Bragg ......................... Special Operations Forces Operations Support 

Facility ............................................................. 13,465 13,465 

NM Cannon AFB ...................... Special Operations Forces ADD/ALT Simulator Facility For MC-130 ............................. 13,287 13,287 

NM Cannon AFB ...................... Special Operations Forces Aircraft Parking 

Apron (MC-130j) ............................................. 12,636 12,636 

NM Cannon AFB ...................... Special Operations Forces C-130 Parking 

Apron Phase I ................................................. 26,006 26,006 

NM Cannon AFB ...................... Special Operations Forces Hangar/AMU (MC130j) ................................................................. 24,622 24,622 

NM Cannon AFB ...................... Special Operations Forces Operations And 

Training Complex ........................................... 39,674 39,674 

NM White Sands ....................... Health And Dental Clinics ................................. 22,900 22,900 

NY U.S. Military Academy ..... West Point MS Add/Alt ...................................... 27,960 27,960 

OH Columbus ............................ Replace Public Safety Facility .......................... 7,400 7,400 

PA Def Distribution Depot 

New Cumberland ........... Replace Headquarters Facility .......................... 96,000 96,000 

TX Fort Bliss ........................... Hospital Replacement, Incr 2 ............................ 0 147,100 

TX Lackland AFB ................... Ambulatory Care Center, Ph 2 ........................... 162,500 162,500 

UT Camp Williams .................. Comprehensive National Cybersecurity Initiative Data Center Increment 2 ........................ 0 398,358 

VA Craney Island .................... Replace Fuel Pier ................................................ 58,000 58,000 

VA Fort Belvoir ....................... Dental Clinic Replacement ................................. 6,300 6,300 

VA Pentagon ............................. Pentagon Metro & Corridor 8 Screening Facility ..................................................................... 6,473 6,473 

VA Pentagon ............................. Power Plant Modernization, Ph 3 ..................... 51,928 51,928 

VA Pentagon ............................. Secure Access Lane-Remote Vehicle Screening .. 4,923 4,923 

VA Quantico ............................. New Consolidated Elementary School ............... 47,355 47,355 

WA Fort Lewis .......................... Special Operations Forces Military Working 

Dogs Kennel ..................................................... 4,700 4,700 


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Defense Wide: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

WA Fort Lewis .......................... Preventive Medicine Facility .............................. 8,400 8,400 

ZU Unspecified Locations ....... General Reduction ............................................... -150,000 

1 (b) OUTSIDE THE UNITED STATES.—The Secretary of 

2 Defense may acquire real property and carry out military 

3 construction projects for the Defense Agencies at the instal4 lations or locations outside the United States, and subject 

5 to the purpose, total amount authorized, and authorization 

6 of appropriations specified for each project, set forth in the 

7 following table: 

Defense Wide: Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

BE Brussels .............................. NATO Headquarters Facility ............................. 31,863 31,863 

BE Brussels .............................. Replace Shape Middle School/High School ....... 67,311 67,311 

GU Agana NAS ........................ Hospital Replacement, Incr 2 ............................ 0 70,000 

GY Katterbach .......................... Health/Dental Clinic Replacement .................... 37,100 37,100 

GY Panzer Kaserne .................. Replace Boeblingen High School ........................ 48,968 48,968 

GY Vilseck ................................. Health Clinic Add/Alt ......................................... 34,800 34,800 

JA Kadena AB ........................ Install Fuel Filters-Separators ........................... 3,000 3,000 

JA Misawa AB ........................ Hydrant Fuel System ......................................... 31,000 31,000 

KR Camp Carroll ..................... Health/Dental Clinic Replacement .................... 19,500 19,500 

PR Fort Buchanan .................. Antilles Elementry School/Intermediate School 

- Replace School .............................................. 58,708 58,708 

QA Al Udeid ............................. Qatar Warehouse ................................................. 1,961 1,961 

UK Menwith Hill Station ....... Menwith Hill Station PSC Construction - 

Generators 10 & 11 ......................................... 2,000 2,000 

UK Royal Air Force Alconbury Alconbury Elementry School Replacement ........ 30,308 30,308 

UK Royal Air Force 

Mildenhall ...................... Replace Hydrant Fuel Distribution System ..... 15,900 15,900 

8 (c) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) INSIDE THE UNITED STATES.—For military 

10 construction projects inside the United States author11 ized by subsection (a), funds are hereby authorized to 

12 be appropriated for fiscal years beginning after Sep13 tember 30, 2010, in the total amount of 

14 $1,930,120,000. 


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1 (2) OUTSIDE THE UNITED STATES.—For mili2 tary construction projects outside the United States 

3 authorized by subsection (b), funds are hereby author4 ized to be appropriated for fiscal years beginning 

5 after September 30, 2010, in the total amount of 

6 $452,419,000. 

7 (3) UNSPECIFIED MINOR MILITARY CONSTRUC8 TION PROJECTS.—For unspecified minor military 

9 construction projects authorized by section 2805 of 

10 title 10, United States Code, funds are hereby author11 ized to be appropriated for fiscal years beginning 

12 after September 30, 2010, in the total amount of 

13 $42,856,000. 

14 (4) CONTINGENCY CONSTRUCTION.—For contin15 gency construction projects of the Secretary of Defense 

16 under section 2804 of title 10, United States Code, 

17 funds are hereby authorized to be appropriated for 

18 fiscal years beginning after September 30, 2010, in 

19 the total amount of $10,000,000. 

20 (5) ARCHITECTURAL AND ENGINEERING SERV21 ICES AND CONSTRUCTION DESIGN.—For architectural 

22 and engineering services and construction design 

23 under section 2807 of title 10, United States Code, 

24 funds are hereby authorized to be appropriated for 


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1 fiscal years beginning after September 30, 2010, in 

2 the total amount of $434,185,000. 

3 SEC. 2402. FAMILY HOUSING. 

4 Funds are hereby authorized to be appropriated for fis5 cal years beginning after September 30, 2010— 

6 (1) for support of military family housing (in7 cluding the functions described in section 2833 of title 

8 10, United States Code), in the total amount of 

9 $50,464,000; and 

10 (2) for credits to the Department of Defense 

11 Family Housing Improvement Fund under section 

12 2883 of title 10, United States Code, and the Home13 owners Assistance Fund established under section 

14 1013 of the Demonstration Cities and Metropolitan 

15 Development Act of 1966 (42 U.S.C. 3374), in the 

16 total amount of $17,611,000. 

17 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

19 hereby authorized to be appropriated for fiscal years begin20 ning after September 30, 2010, for energy conservation 

21 projects under chapter 173 of title 10, United States Code, 

22 $130,000,000. 

23 (b) AVAILABILITY OF FUNDS FOR RESERVE COMPO24 NENT PROJECTS.—Of the amount authorized to be appro25 priated by subsection (a) for energy conservation projects, 


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1 the Secretary of Defense shall reserve a portion of the 

2 amount for energy conservation projects for the reserve com3 ponents in an amount that is not less than an amount that 

4 bears the same proportion to the total amount authorized 

5 to be appropriated as the total quantity of energy consumed 

6 by reserve facilities (as defined in section 18232(2) of title 

7 10, United States Code) during fiscal year 2010 bears to 

8 the total quantity of energy consumed by all military in9 stallations (as defined in section 2687(e)(1) of such title) 

10 during that fiscal year, as determined by the Secretary. 

11 Subtitle B—Chemical 

12 Demilitarization Authorizations 

13 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM14 ICAL DEMILITARIZATION CONSTRUCTION, 

15 DEFENSE-WIDE. 

16 Funds are hereby authorized to be appropriated for fis17 cal years beginning after September 30, 2010, for military 

18 construction and land acquisition for chemical demili19 tarization in the total amount of $124,971,000, as follows: 

20 (1) For the construction of phase 12 of a chem21 ical munitions demilitarization facility at Pueblo 

22 Chemical Activity, Colorado, authorized by section 

23 2401(a) of the Military Construction Authorization 

24 Act for Fiscal Year 1997 (division B of Public Law 

25 104–201; 110 Stat. 2775), as amended by section 


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1 2406 of the Military Construction Authorization Act 

2 for Fiscal Year 2000 (division B of Public Law 106– 

3 65; 113 Stat. 839), section 2407 of the Military Con4 struction Authorization Act for Fiscal Year 2003 (di5 vision B of Public Law 107–314; 116 Stat. 2698), 

6 and section 2413 of the Military Construction Author7 ization Act for Fiscal Year 2009 (division B of Public 

8 Law 110–417; 122 Stat. 4697), $65,569,000. 

9 (2) For the construction of phase 11 of a muni10 tions demilitarization facility at Blue Grass Army 

11 Depot, Kentucky, authorized by section 2401(a) of the 

12 Military Construction Authorization Act for Fiscal 

13 Year 2000 (division B of Public Law 106–65; 113 

14 Stat. 835), as amended by section 2405 of the Mili15 tary Construction Authorization Act for Fiscal Year 

16 2002 (division B of Public Law 107–107; 115 Stat. 

17 1298), section 2405 of the Military Construction Au18 thorization Act for Fiscal Year 2003 (division B of 

19 Public Law 107–314; 116 Stat. 2698), and section 

20 2414 of the Military Construction Authorization Act 

21 for Fiscal Year 2009 (division B of Public Law 110– 

22 417; 122 Stat. 4697), $59,402,000. 


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1 SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2000 PROJECT. 

3 (a) MODIFICATION.—The table in section 2401(a) of 

4 the Military Construction Authorization Act for Fiscal Year 

5 2000 (division B of Public Law 106–65; 113 Stat. 835), 

6 as amended by section 2405 of the Military Construction 

7 Authorization Act for Fiscal Year 2002 (division B of Pub8 lic Law 107-107; 115 Stat. 1298), section 2405 of the Mili9 tary Construction Authorization Act for Fiscal Year 2003 

10 (division B of Public Law 107–314; 116 Stat. 2698), and 

11 section 2414 of the Military Construction Authorization Act 

12 for Fiscal Year 2009 (division B of Public Law 110–417; 

13 122 Stat. 4697), is amended— 

14 (1) under the agency heading relating to Chem15 ical Demilitarization, in the item relating to Blue 

16 Grass Army Depot, Kentucky, by striking 

17 ‘‘$492,000,000’’ in the amount column and inserting 

18 ‘‘$746,000,000’’; and 

19 (2) by striking the amount identified as the total 

20 in the amount column and inserting 

21 ‘‘$1,203,920,000’’. 

22 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) of 

23 the Military Construction Authorization Act for Fiscal Year 

24 2000 (division B of Public Law 106–65; 113 Stat. 839), 

25 as amended by section 2405 of the Military Construction 

26 Authorization Act for Fiscal Year 2002 (division B of PubVerDate Mar 15 2010 02:21 May 22, 2010 Jkt 089200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 lic Law 107–107; 115 Stat. 1298), section 2405 of the Mili2 tary Construction Authorization Act for Fiscal Year 2003 

3 (division B of Public Law 107–314; 116 Stat. 2698), and 

4 section 2414 of the Military Construction Authorization Act 

5 for Fiscal Year 2009 (division B of Public Law 110–417; 

6 122 Stat. 4697), is amended by striking ‘‘$469,200,000’’ 

7 and inserting ‘‘$723,200,000’’. 

8 (c) LIMITATION.—The Secretary of the Army may not 

9 enter into a solicitation or task order using Federal Acqui10 sition Regulation Subpart 16.3, titled ‘‘Cost Reimburse11 ment Contracts’’, to carry out the military construction 

12 project covered by the authorization modification provided 

13 by the amendment made by subsection (a). 

14 TITLE XXV—NORTH ATLANTIC 

15 TREATY ORGANIZATION SE16 CURITY INVESTMENT PRO17 GRAM 

18 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

19 ACQUISITION PROJECTS. 

20 The Secretary of Defense may make contributions for 

21 the North Atlantic Treaty Organization Security Invest22 ment Program as provided in section 2806 of title 10, 

23 United States Code, in an amount not to exceed the sum 

24 of the amount authorized to be appropriated for this pur25 pose in section 2502 and the amount collected from the 


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1 North Atlantic Treaty Organization as a result of construc2 tion previously financed by the United States. 

3 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

4 Funds are hereby authorized to be appropriated for fis5 cal years beginning after September 30, 2010, for contribu6 tions by the Secretary of Defense under section 2806 of title 

7 10, United States Code, for the share of the United States 

8 of the cost of projects for the North Atlantic Treaty Organi9 zation Security Investment Program authorized by section 

10 2501, in the amount of $258,884,000. 

11 TITLE XXVI—GUARD AND 

12 RESERVE FORCES FACILITIES 

13 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON14 STRUCTION AND LAND ACQUISITION 

15 PROJECTS AND AUTHORIZATION OF APPRO16 PRIATIONS. 

17 (a) INSIDE THE UNITED STATES.—The Secretary of 

18 the Army may acquire real property and carry out military 

19 construction projects for the Army National Guard loca20 tions inside the United States, and subject to the purpose, 

21 total amount authorized, and authorization of appropria22 tions specified for each project, set forth in the following 

23 table: 

Army National Guard: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AR Camp Robinson ................. Combined Support Maintenance Shop .............. 30,000 30,000 

AR Fort Chaffee ....................... Combined Arms Collective Training Facility ... 19,000 19,000 

AR Fort Chaffee ....................... Live Fire Shoot House ........................................ 2,500 2,500 


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Army National Guard: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AZ Florence .............................. Readiness Center ................................................. 16,500 16,500 

CA Camp Roberts .................... Combined Arms Collective Training Facility ... 19,000 19,000 

CO Watkins .............................. Parachute Maintenance Facility ........................ 3,569 3,569 

CO Colorado Springs ............... Readiness Center ................................................. 20,000 20,000 

CO Fort Carson ........................ Regional Training Institute ............................... 40,000 40,000 

CO Gypsum .............................. High Altitude Army Aviation Training Site/ 

Army Aviation Support Facility ................... 39,000 39,000 

CO Windsor .............................. Readiness Center ................................................. 7,500 7,500 

CT Windsor Locks .................... Readiness Center (Aviation) ............................... 41,000 41,000 

DE New Castle .......................... Armed Forces Reserve Center(JFHQ) ............... 27,000 27,000 

GA Cumming ............................ Readiness Center ................................................. 17,000 17,000 

GA Dobbins ARB ..................... Readiness Center Add/Alt ................................... 10,400 10,400 

HI Kalaeloa ............................. Combined Support Maintenance Shop .............. 38,000 38,000 

ID Gowen Field ....................... Barracks (Operational Readiness Training 

Complex) Ph1 .................................................. 17,500 17,500 

ID Mountain Home ................ Tactical Unmanned Aircraft System Facility .. 6,300 6,300 

IL Marseilles TA ..................... Simulation Center ............................................... 2,500 2,500 

IL Springfield ......................... Combined Support Maintenance Shop Add/Alt 15,000 15,000 

KS Wichita ............................... Field Maintenance Shop ..................................... 24,000 24,000 

KS Wichita ............................... Readiness Center ................................................. 43,000 43,000 

KY Burlington .......................... Readiness Center ................................................. 19,500 19,500 

LA Fort Polk ............................ Tactical Unmanned Aircraft System Facility .. 5,500 5,500 

LA Minden ............................... Readiness Center ................................................. 28,000 28,000 

MA Hanscom AFB ................... Armed Forces Reserve Center(JFHQ)Ph2 ......... 23,000 23,000 

MD St. Inigoes .......................... Tactical Unmanned Aircraft System Facility .. 5,500 5,500 

MI Camp Grayling Range ...... Combined Arms Collective Training Facility ... 19,000 19,000 

MN Arden Hills ........................ Field Maintenance Shop ..................................... 29,000 29,000 

MN Camp Ripley ...................... Infantry Squad Battle Course ............................ 4,300 4,300 

MN Camp Ripley ...................... Tactical Unmanned Aircraft System Facility .. 4,450 4,450 

NC Morrisville .......................... AASF 1 Fixed Wing Aircraft Hangar Annex .. 8,815 8,815 

NC High Point ......................... Readiness Center Add/Alt ................................... 1,551 1,551 

ND Camp Grafton .................... Readiness Center Add/Alt ................................... 11,200 11,200 

NE Lincoln ............................... Readiness Center Add/Alt ................................... 3,300 3,300 

NE Mead ................................... Readiness Center ................................................. 11,400 11,400 

NH Pembroke ............................ Barracks Facility (Regional Training Institute) .................................................................. 15,000 15,000 

NH Pembroke ............................ Classroom Facility (Regional Training Institute) .................................................................. 21,000 21,000 

NM Farmington ........................ Readiness Center Add/Alt ................................... 8,500 8,500 

NV Las Vegas ........................... CST Ready Building .......................................... 8,771 8,771 

NY Ronkonkoma ....................... Flightline Rehabilitation .................................... 2,780 2,780 

OH Camp Sherman .................. Maintenance Building Add/Alt .......................... 3,100 3,100 

RI Middletown ......................... Readiness Center Add/Alt ................................... 3,646 3,646 

RI East Greenwich .................. United States Property & Fiscal Office ............ 27,000 27,000 

SD Watertown .......................... Readiness Center ................................................. 25,000 25,000 

TX Camp Maxey ...................... Combat Pistol/Military Pistol Qualification 

Course ............................................................... 2,500 2,500 

TX Camp Swift ........................ Urban Assault Course ......................................... 2,600 2,600 

WA Tacoma ............................... Combined Support Maintenance Shop .............. 25,000 25,000 

WI Wausau ............................... Field Maintenance Shop ..................................... 12,008 12,008 

WI Madison .............................. Aircraft Parking .................................................. 5,700 5,700 

WV Moorefield ........................... Readiness Center ................................................. 14,200 14,200 

WV Morgantown ....................... Readiness Center ................................................. 21,000 21,000 

WY Laramie .............................. Field Maintenance Shop ..................................... 14,400 14,400 

ZU Various ............................... Various ................................................................. 60,000 60,000 

1 (b) OUTSIDE THE UNITED STATES.—The Secretary of 

2 the Army may acquire real property and carry out military 

3 construction projects for the Army National Guard loca4 tions outside the United States, and subject to the purpose, 

5 total amount authorized, and authorization of appropria6 tions specified for each project, set forth in the following 

7 table: 


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Army National Guard: Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

GU Barrigada ............................ Combined Support Maint Shop Ph1 ............. 19,000 19,000 

PR Camp Santiago ................... Live Fire Shoot House .................................... 3,100 3,100 

PR Camp Santiago ................... Multipurpose Machine Gun Range ................ 9,200 9,200 

VI St. Croix ............................... Readiness Center (JFHQ) ............................... 25,000 25,000 

1 (c) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

2 hereby authorized to be appropriated to the Secretary of the 

3 Army for fiscal years beginning after September 30, 2010, 

4 for the costs of acquisition, architectural and engineering 

5 services, and construction of facilities for the Army Na6 tional Guard of the United States, and for contributions 

7 therefor, under chapter 1803 of title 10, United States Code 

8 (including the cost of acquisition of land for those facilities), 

9 in the total amount of $1,019,902,000. 

10 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

11 AND LAND ACQUISITION PROJECTS AND AU12 THORIZATION OF APPROPRIATIONS. 

13 (a) INSIDE THE UNITED STATES.—The Secretary of 

14 the Army may acquire real property and carry out military 

15 construction projects for the Army Reserve locations inside 

16 the United States, and subject to the purpose, total amount 

17 authorized, and authorization of appropriations specified 

18 for each project, set forth in the following table: 

Army Reserve: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

CA Fairfield ............................. Army Reserve Center ........................................... 26,000 26,000 

CA Fort Hunter Liggett .......... Equipment Concentration Site Tactical Equipment Maint Facility ....................................... 22,000 22,000 

CA Fort Hunter Liggett .......... Equipment Concentration Site Warehouse ........ 15,000 15,000 

CA Fort Hunter Liggett .......... Grenade Launcher Range ................................... 1,400 1,400 

CA Fort Hunter Liggett .......... Hand Grenade Familiarization Range (Live) 1,400 1,400 

CA Fort Hunter Liggett .......... Light Demolition Range ..................................... 2,700 2,700 

CA Fort Hunter Liggett .......... Tactical Vehicle Wash Rack ................................ 9,500 9,500 


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Army Reserve: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

FL Miami ................................. Army Reserve Center/Land ................................. 13,800 13,800 

FL Orlando .............................. Army Reserve Center/Land ................................. 10,200 10,200 

FL West Palm Beach ............... Army Reserve Center/Land ................................. 10,400 10,400 

GA Macon ................................. Army Reserve Center/Land ................................. 11,400 11,400 

IA Des Moines ......................... Army Reserve Center ........................................... 8,175 8,175 

IL Quincy ................................ Army Reserve Center/Land ................................. 12,200 12,200 

IN Michigan City .................... Army Reserve Center/Land ................................. 15,500 15,500 

MA Devens Reserve Forces 

Training Area ............... Automated Record Fire Range ........................... 4,700 4,700 

MO Kansas City ....................... Army Reserve Center ........................................... 11,800 11,800 

NJ Fort Dix ............................. Automated Multipurpose Machine Gun Range 9,800 9,800 

NM Las Cruces .......................... Army Reserve Center/Land ................................. 11,400 11,400 

NY Binghamton ....................... Army Reserve Center/Land ................................. 13,400 13,400 

TX Dallas ................................. Army Reserve Center/Land ................................. 12,600 12,600 

TX Rio Grande ........................ Army Reserve Center/Land ................................. 6,100 6,100 

TX San Marcos ........................ Army Reserve Center/Land ................................. 8,500 8,500 

VA Fort A.P. Hill .................... Army Reserve Center ........................................... 15,500 15,500 

VA Roanoke .............................. Army Reserve Center/Land ................................. 14,800 14,800 

VA Virginia Beach ................... Army Reserve Center ........................................... 11,000 11,000 

WI Fort McCoy ........................ AT/MOB Billeting Complex, Ph 1 ..................... 9,800 9,800 

WI Fort McCoy ........................ NCO Academy, Ph 2 ........................................... 10,000 10,000 

ZU Various ............................... Various ................................................................. 30,000 30,000 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

2 hereby authorized to be appropriated to the Secretary of the 

3 Army for fiscal years beginning after September 30, 2010, 

4 for the costs of acquisition, architectural and engineering 

5 services, and construction of facilities for the Army Reserve, 

6 and for contributions therefor, under chapter 1803 of title 

7 10, United States Code (including the cost of acquisition 

8 of land for those facilities), in the total amount of 

9 $358,331,000. 

10 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

11 CORPS RESERVE CONSTRUCTION AND LAND 

12 ACQUISITION PROJECTS AND AUTHORIZA13 TION OF APPROPRIATIONS. 

14 (a) INSIDE THE UNITED STATES.—The Secretary of 

15 the Navy may acquire real property and carry out military 

16 construction projects for the Navy Reserve and Marine 


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1 Corps Reserve locations inside the United States, and sub2 ject to the purpose, total amount authorized, and authoriza3 tion of appropriations specified for each project, set forth 

4 in the following table: 

Navy Reserve and Marine Corps Reserve: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

CA Twentynine Palms ............ Tank Vehicle Maintenance Facility ................... 5,991 5,991 

LA New Orleans ....................... Joint Air Traffic Control Facility ..................... 16,281 16,281 

VA Williamsburg ..................... Navy Ordnance Cargo Logistics Training 

Camp ................................................................ 21,346 21,346 

WA Yakima ............................... Marine Corps Reserve Center ............................. 13,844 13,844 

ZU Various ............................... Various ................................................................. 15,000 15,000 

ZU Various ............................... Various ................................................................. 15,000 15,000 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

6 hereby authorized to be appropriated to the Secretary of the 

7 Navy for fiscal years beginning after September 30, 2010, 

8 for the costs of acquisition, architectural and engineering 

9 services, and construction of facilities for the Navy Reserve 

10 and Marine Corps Reserve, and for contributions therefor, 

11 under chapter 1803 of title 10, United States Code (includ12 ing the cost of acquisition of land for those facilities), in 

13 the total amount of $91,557,000. 

14 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC15 TION AND LAND ACQUISITION PROJECTS 

16 AND AUTHORIZATION OF APPROPRIATIONS. 

17 (a) INSIDE THE UNITED STATES.—The Secretary of 

18 the Air Force may acquire real property and carry out 

19 military construction projects for the Air National Guard 

20 locations inside the United States, and subject to the pur21 pose, total amount authorized, and authorization of approVerDate Mar 15 2010 02:21 May 22, 2010 Jkt 089200 PO 00000 Frm 00604 Fmt 6652 Sfmt 6203 E:\BILLS\H5136.RH H5136

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1 priations specified for each project, set forth in the following 

2 table: 

Air National Guard: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

AL Montgomery Regional Airport (ANG) Base ........... Fuel Cell And Corrosion Control Hangar ......... 7,472 7,472 

AZ Davis Monthan AFB ......... Predator Foc-Active Duty Associate .................. 4,650 4,650 

CO Buckely AFB ...................... Taxiway Juliet and Lima .................................. 4,000 4,000 

DE New Castle County Airport Joint Forces Operations Center-Ang Share ...... 1,500 1,500 

FL Jacksonville IAP ................ Security Forces Training Facility ..................... 6,700 6,700 

GA Savannah/Hilton Head 

IAP ................................. Relocate Air Supt Opers Sqdn (Asos) Fac ........ 7,450 7,450 

HI Hickam AFB ..................... F-22 Beddown Intrastructure Support ............. 5,950 5,950 

HI Hickam AFB ..................... F-22 Hangar, Squadron Operations And Amu 48,250 48,250 

HI Hickam AFB ..................... F-22 Upgrade Munitions Complex .................... 17,250 17,250 

IA Des Moines IAP ................. Corrosion Control Hangar .................................. 4,750 4,750 

IL Capital Map ....................... CNAF Beddown-Upgrade Facilities .................. 16,700 16,700 

IN Hulman Regional Airport ASOS Beddown-Upgrade Facilities ................... 4,100 4,100 

MA Barnes ANGB .................... Add to Aircraft Maintenance Hangar ............... 6,000 6,000 

MD Martin State Airport ........ Replace Ops and Medical Training Facility .... 11,400 11,400 

MN Duluth ................................ Load Crew Training and Weapon Release 

Shops ................................................................ 8,000 8,000 

NC Stanly County Airport ..... Upgrade Asos Facilities ...................................... 2,000 2,000 

NJ Atlantic City IAP .............. Fuel Cell and Corrosion Control Hangar ......... 8,500 8,500 

NY Stewart ANGB ................... Aircraft Conversion Facility .............................. 3,750 3,750 

NY Fort Drum ......................... Reaper Infrastructure Support .......................... 2,500 2,500 

NY Stewart IAP ....................... Base Defense Group Beddown ............................ 14,250 14,250 

OH Toledo Express Airport ..... Replace Security Forces Complex ...................... 7,300 7,300 

PA State College ANGS ........... Add to and Alter AOS Facility .......................... 4,100 4,100 

SC McEntire Joint National 

Guard Base .................... Replace Operations and Training ..................... 9,100 9,100 

TN Nashville IAP ..................... Renovate Intel Squadron Facilities ................... 5,500 5,500 

ZU Various ............................... Various ................................................................. 50,000 50,000 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

4 hereby authorized to be appropriated to the Secretary of the 

5 Air Force for fiscal years beginning after September 30, 

6 2010, for the costs of acquisition, architectural and engi7 neering services, and construction of facilities for the Air 

8 National Guard of the United States, and for contributions 

9 therefor, under chapter 1803 of title 10, United States Code 

10 (including the cost of acquisition of land for those facilities), 

11 in the total amount of $292,371,000. 


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1 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC2 TION AND LAND ACQUISITION PROJECTS 

3 AND AUTHORIZATION OF APPROPRIATIONS. 

4 (a) INSIDE THE UNITED STATES.—The Secretary of 

5 the Air Force may acquire real property and carry out 

6 military construction projects for the Air Force Reserve lo7 cations inside the United States, and subject to the purpose, 

8 total amount authorized, and authorization of appropria9 tions specified for each project, set forth in the following 

10 table: 

Air Force Reserve: Inside the United States 

(Amounts Are Specified In Thousands of Dollars) 

State Installation or Location Purpose of Project Project 

Amount 

Authorization of 

Appropriations 

FL Patrick AFB ...................... Weapons Maintenance Facility .......................... 3,420 3,420 

NY Niagara ARS ..................... C-130 Flightline Operations Facility, Ph 1 ...... 9,500 9,500 

ZU Various ............................... Various ................................................................. 30,000 30,000 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

12 hereby authorized to be appropriated to the Secretary of the 

13 Air Force for fiscal years beginning after September 30, 

14 2010, for the costs of acquisition, architectural and engi15 neering services, and construction of facilities for the Air 

16 Force Reserve, and for contributions therefor, under chapter 

17 1803 of title 10, United States Code (including the cost of 

18 acquisition of land for those facilities), in the total amount 

19 of $47,332,000. 

20 SEC. 2606. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

21 FISCAL YEAR 2008 PROJECTS. 

22 (a) EXTENSION.—Notwithstanding section 2002 of the 

23 Military Construction Authorization Act for Fiscal Year 


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1 2008 (division B of Public Law 110–181; 122 Stat. 503), 

2 the authorizations set forth in the table in subsection (b), 

3 as provided in sections 2601 and 2604 of that Act (122 

4 Stat. 527, 528), shall remain in effect until October 1, 2011, 

5 or the date of the enactment of an Act authorizing funds 

6 for military construction for fiscal year 2012, whichever is 

7 later: 

8 (b) TABLE.—The table referred to in subsection (a) is 

9 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 

10 TITLE XXVII—BASE REALIGN11 MENT AND CLOSURE ACTIVI12 TIES 

13 Subtitle A—Authorizations 

14 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

15 REALIGNMENT AND CLOSURE ACTIVITIES 

16 FUNDED THROUGH DEPARTMENT OF DE17 FENSE BASE CLOSURE ACCOUNT 1990. 

18 Funds are hereby authorized to be appropriated for fis19 cal years beginning after September 30, 2010, for base re20 alignment and closure activities, including real property 

21 acquisition and military construction projects, as author22 ized by the Defense Base Closure and Realignment Act of 


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1 1990 (part A of title XXIX of Public Law 101–510; 10 

2 U.S.C. 2687 note) and funded through the Department of 

3 Defense Base Closure Account 1990 established by section 

4 2906 of such Act, in the total amount of $360,474,000 as 

5 follows: 

6 (1) For the Department of the Army, 

7 $73,600,000. 

8 (2) For the Department of the Navy, 

9 $162,000,000. 

10 (3) For the Department of the Air Force, 

11 $124,874,000. 

12 SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLO13 SURE ACTIVITIES FUNDED THROUGH DE14 PARTMENT OF DEFENSE BASE CLOSURE AC15 COUNT 2005. 

16 Using amounts appropriated pursuant to the author17 ization of appropriations in section 2703, the Secretary of 

18 Defense may carry out base realignment and closure activi19 ties, including real property acquisition and military con20 struction projects, as authorized by the Defense Base Closure 

21 and Realignment Act of 1990 (part A of title XXIX of Pub22 lic Law 101–510; 10 U.S.C. 2687 note) and funded through 

23 the Department of Defense Base Closure Account 2005 es24 tablished by section 2906A of such Act, in the amount of 

25 $2,354,285,000. 


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1 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

2 REALIGNMENT AND CLOSURE ACTIVITIES 

3 FUNDED THROUGH DEPARTMENT OF DE4 FENSE BASE CLOSURE ACCOUNT 2005. 

5 Funds are hereby authorized to be appropriated for fis6 cal years beginning after September 30, 2010, for base re7 alignment and closure activities, including real property 

8 acquisition and military construction projects, as author9 ized by the Defense Base Closure and Realignment Act of 

10 1990 (part A of title XXIX of Public Law 101–510; 10 

11 U.S.C. 2687 note) and funded through the Department of 

12 Defense Base Closure Account 2005 established by section 

13 2906A of such Act, in the total amount of $2,354,285,000, 

14 as follows: 

15 (1) For the Department of the Army, 

16 $1,012,420,000. 

17 (2) For the Department of the Navy, 

18 $342,146,000. 

19 (3) For the Department of the Air Force, 

20 $127,255,000. 

21 (4) For the Defense Agencies, $872,464,000. 


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1 Subtitle B—Other Matters 

2 SEC. 2711. TRANSPORTATION PLAN FOR BRAC 133 PROJECT 

3 UNDER FORT BELVOIR, VIRGINIA, BRAC INI4 TIATIVE. 

5 (a) LIMITATION ON PROJECT IMPLEMENTATION.—The 

6 Secretary of the Army may not take beneficial occupancy 

7 of more than 1,000 parking spaces provided by the com8 bination spaces provided by the BRAC 133 project and the 

9 lease of spaces in the immediate vicinity of the BRAC 133 

10 project until both of the following occur: 

11 (1) The Secretary submits to the congressional 

12 defense committees a viable transportation plan for 

13 the BRAC 133 project. 

14 (2) The Secretary certifies to the congressional 

15 defense committees that construction has been com16 pleted to provide adequate ingress to and egress from 

17 the business park at which the BRAC 133 project is 

18 located. 

19 (b) VIABILITY OF TRANSPORTATION PLAN.—To be con20 sidered a viable transportation plan under subsection 

21 (a)(1), the transportation plan must provide for the ingress 

22 and egress of all personnel to and from the BRAC 133 

23 project site without further reducing the level of service at 

24 the following six intersections: 


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1 (1) The intersection of Beauregard Street and 

2 Mark Center Drive. 

3 (2) The intersection of Beauregard Street and 

4 Seminary Road. 

5 (3) The intersection of Seminary Road and 

6 Mark Center Drive. 

7 (4) The intersection of Seminary Road and the 

8 northbound entrance-ramp to I-395. 

9 (5) The intersection of Seminary Road and the 

10 northbound exit-ramp from I-395. 

11 (6) The intersection of Seminary Road and the 

12 southbound exit-ramp from I-395. 

13 (c) INSPECTOR GENERAL REPORT.—Not later than 

14 September 30, 2011, the Inspector General of the Depart15 ment of Defense shall submit to the congressional defense 

16 committees a report evaluating the sufficiency and coordi17 nation conducted in completing the requisite environmental 

18 studies associated with the site selection of the BRAC 133 

19 project pursuant to the National Environmental Policy Act 

20 of 1969 (42 U.S.C. 4321 et seq.). The Inspector General 

21 shall give specific attention to the transportation deter22 minations associated with the BRAC 133 project and re23 view and provide comment on the Secretary of Army’s 

24 transportation plan and adherence to the limitations im25 posed by subsection (a). 


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1 (d) DEFINITIONS.—In this section: 

2 (1) BRAC 133 PROJECT.—The term ‘‘BRAC 133 

3 project’’ refers to the proposed office complex to be de4 veloped at an established mixed-use business park in 

5 Alexandria, Virginia, to implement recommendation 

6 133 of the Defense Base Closure and Realignment 

7 Commission contained in the report of the Commis8 sion transmitted to Congress on September 15, 2005, 

9 under section 2903(e) of the Defense Base Closure and 

10 Realignment Act of 1990 (part A of title XXIX of 

11 Public Law 101–510; 10 U.S.C. 2687 note). 

12 (2) LEVEL OF SERVICE.—The term ‘‘level of serv13 ice’’ has the meaning given that term in the most-re14 cent Highway Capacity Manual of the Transpor15 tation Research Board. 


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1 TITLE XXVIII—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS 

4 Subtitle A—Military Construction 

5 Program and Military Family 

6 Housing Changes 

7 SEC. 2801. AVAILABILITY OF MILITARY CONSTRUCTION IN8 FORMATION ON INTERNET. 

9 (a) MODIFICATION OF INFORMATION REQUIRED TO BE

10 PROVIDED.—Paragraph (2) of subsection (c) of section 2851 

11 of title 10, United States Code, is amended— 

12 (1) by striking subparagraph (F); and 

13 (2) by redesignating subparagraphs (G) and (H) 

14 as subparagraphs (F) and (G), respectively. 

15 (b) EXPANDED AVAILABILITY OF INFORMATION.—Such 

16 subsection is further amended— 

17 (1) by striking paragraph (3); and 

18 (2) by redesignating paragraph (4) as para19 graph (3). 

20 (c) CONFORMING AMENDMENTS.—Such subsection is 

21 further amended— 

22 (1) in paragraph (1), by striking ‘‘that, when ac23 tivated by a person authorized under paragraph (3), 

24 will permit the person’’ and inserting ‘‘that will per25 mit a person’’; and 


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1 (2) in paragraph (3), as redesignated by sub2 section (b)(2)— 

3 (A) by striking ‘‘to the persons referred to 

4 in paragraph (3)’’ and inserting ‘‘on the Inter5 net site required by such paragraph’’; and 

6 (B) by striking ‘‘to such persons’’. 

7 SEC. 2802. AUTHORITY TO TRANSFER PROCEEDS FROM 

8 SALE OF MILITARY FAMILY HOUSING TO DE9 PARTMENT OF DEFENSE FAMILY HOUSING 

10 IMPROVEMENT FUND. 

11 (a) AUTHORITY TO TRANSFER PROCEEDS.—Section 

12 2831 of title 10, United States Code, is amended— 

13 (1) in subsection (b), by striking ‘‘There’’ in the 

14 matter preceding paragraph (1) and inserting ‘‘Ex15 cept as authorized by subsection (e), there’’; 

16 (2) by redesignating subsections (e) and (f) as 

17 subsections (f) and (g), respectively; 

18 (3) in subsection (g) (as so redesignated), by 

19 striking ‘‘subsection (e)’’ both places it appears and 

20 inserting ‘‘subsection (f)’’; and 

21 (4) by inserting after subsection (d) the following 

22 new subsection (e): 

23 ‘‘(e) AUTHORITY TO TRANSFER FAMILY HOUSING

24 PROCEEDS.—(1) The Secretary concerned may transfer 

25 proceeds of the handling and the disposal of family housing 


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1 received under subsection (b)(3), less those expenses payable 

2 pursuant to section 572(a) of title 40, to the Department 

3 of Defense Family Housing Improvement Fund established 

4 under section 2883(a) of this title. 

5 ‘‘(2) A transfer under paragraph (1) may be made 

6 only after the end of the 30-day period beginning on the 

7 date the Secretary concerned submits written notice of, and 

8 justification for, the transfer to the appropriate committees 

9 of Congress or, if earlier, the end of the 14-day period begin10 ning on the date on which a copy of the notice and justifica11 tion is provided in an electronic medium pursuant to sec12 tion 480 of this title.’’. 

13 (b) CONFORMING AMENDMENT TO DEPARTMENT OF

14 DEFENSE FAMILY HOUSING IMPROVEMENT FUND.—Sec15 tion 2883(c)(1) of such title is amended by adding at the 

16 end the following new subparagraph: 

17 ‘‘(H) Any amounts from the proceeds of the han18 dling and disposal of family housing of a military de19 partment transferred to that Fund pursuant to sec20 tion 2831(e) of this title.’’. 

21 SEC. 2803. ENHANCED AUTHORITY FOR PROVISION OF EX22 CESS CONTRIBUTIONS FOR NATO SECURITY 

23 INVESTMENT PROGRAM. 

24 Section 2806 of title 10, United States Code, is amend25 ed— 


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1 (1) in subsection (c), by striking ‘‘Secretary’’ the 

2 first two places it appears and inserting ‘‘Secretary 

3 of Defense’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(d) If the Secretary of Defense determines that con7 struction of facilities described in subsection (a) is nec8 essary to advance United States national security or na9 tional interest, the Secretary may include the pre-financing 

10 and initiation of construction services, which will be pro11 vided by the Department of Defense and are not otherwise 

12 authorized by law, as an element of the excess North Atlan13 tic Treaty Organization Security Investment program con14 tributions made under subsection (c).’’. 

15 SEC. 2804. DURATION OF AUTHORITY TO USE PENTAGON 

16 RESERVATION MAINTENANCE REVOLVING 

17 FUND FOR CONSTRUCTION AND REPAIRS AT 

18 PENTAGON RESERVATION. 

19 Section 2674(e) of title 10, United States Code, is 

20 amended— 

21 (1) in paragraph (2), by striking ‘‘Monies’’ and 

22 inserting ‘‘Subject to paragraph (3), monies’’; and 

23 (2) by adding at the end the following new para24 graph: 


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1 ‘‘(3) The authority of the Secretary to use monies from 

2 the Fund to support construction, repair, alteration, or re3 lated activities for the Pentagon Reservation expires on 

4 September 30, 2012.’’. 

5 SEC. 2805. AUTHORITY TO USE OPERATION AND MAINTE6 NANCE FUNDS FOR CONSTRUCTION 

7 PROJECTS INSIDE THE UNITED STATES CEN8 TRAL COMMAND AREA OF RESPONSIBILITY. 

9 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Sub10 section (h) of section 2808 of the Military Construction Au11 thorization Act for Fiscal Year 2004 (division B of Public 

12 Law 108–136; 117 Stat. 1723), as added by section 2806 

13 of the Military Construction Authorization Act for Fiscal 

14 Year 2010 (division B of Public Law 111–84; 123 Stat. 

15 2662), is amended— 

16 (1) in paragraph (1), by striking ‘‘September 30, 

17 2010’’ and inserting ‘‘September 30, 2011’’; and 

18 (2) in paragraph (2), by striking ‘‘fiscal year 

19 2011’’ and inserting ‘‘fiscal year 2012’’. 

20 (b) AVAILABILITY OF AUTHORITY.—Subsection (a)(1) 

21 of such section is amended— 

22 (1) by striking ‘‘war,’’ and inserting ‘‘war or’’; 

23 and 

24 (2) by striking ‘‘, or a contingency operation’’. 


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1 (c) WAIVER OF ADVANCE NOTIFICATION REQUIRE2 MENT.—Subsection (b) of such section is amended— 

3 (1) by redesignating paragraphs (1) through (4) 

4 as subparagraphs (A) through (D); respectively; 

5 (2) by striking ‘‘Before using’’ and inserting ‘‘(1) 

6 Before using’’; and 

7 (3) by adding at the end the following new para8 graph: 

9 ‘‘(2) During fiscal year 2011, the Secretary of Defense 

10 may waive the prenotification requirements under para11 graph (1) and section 2805(b) of title 10, United States 

12 Code, with regard to a construction project carried out 

13 under the authority of this section. In the case of any such 

14 waiver, the Secretary of Defense shall include in the next 

15 quarterly report submitted under subsection (d) the infor16 mation otherwise required in advance by subparagraphs 

17 (A) through (D) of paragraph (1) with regard to the con18 struction project.’’. 

19 (d) ANNUAL LIMITATION ON USE OF AUTHORITY IN

20 AFGHANISTAN.—Subsection (c)(2) of such section is amend21 ed— 

22 (1) by striking ‘‘$300,000,000 in funds available 

23 for operation and maintenance for fiscal year 2010 

24 may be used in Afghanistan upon completing the 

25 prenotification requirements under subsection (b)’’ 


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1 and inserting ‘‘$100,000,000 in funds available for 

2 operation and maintenance for fiscal year 2011 may 

3 be used in Afghanistan subject to the notification re4 quirements under subsection (b)’’; and 

5 (2) by striking ‘‘$500,000,000’’ and inserting 

6 ‘‘$300,000,000’’. 

7 SEC. 2806. VETERANS TO WORK PILOT PROGRAM FOR MILI8 TARY CONSTRUCTION PROJECTS. 

9 (a) VETERANS TO WORK PROGRAM.—Subchapter III 

10 of chapter 169 of title 10, United States Code, is amended 

11 by inserting after section 2856 the following new section: 

12 ‘‘§ 2857. Veterans to Work Pilot Program 

13 ‘‘(a) PILOT PROGRAM; PURPOSES.—(1) The Secretary 

14 of Defense shall establish the Veterans to Work pilot pro15 gram to determine— 

16 ‘‘(A) the maximum feasible extent to which ap17 prentices who are also veterans may be employed to 

18 work on military construction projects designated 

19 under subsection (b); and 

20 ‘‘(B) the feasibility of expanding the employment 

21 of apprentices who are also veterans to include mili22 tary construction projects in addition to those projects 

23 designated under subsection (b). 


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1 ‘‘(2) The Secretary of Defense shall establish and con2 duct the pilot program in consultation with the Secretary 

3 of Labor and the Secretary of Veterans Affairs. 

4 ‘‘(b) DESIGNATION OF MILITARY CONSTRUCTION

5 PROJECTS FOR PILOT PROGRAM.—(1) For each of fiscal 

6 years 2011 through 2015, the Secretary of Defense shall des7 ignate for inclusion in the pilot program not less than 20 

8 military construction projects (including unspecified minor 

9 military construction projects under section 2805(a) of this 

10 title) that will be conducted in that fiscal year. 

11 ‘‘(2) In designating military construction projects 

12 under this subsection, the Secretary of Defense shall— 

13 ‘‘(A) designate military construction projects 

14 that are located where there are veterans enrolled in 

15 qualified apprenticeship programs or veterans who 

16 could be enrolled in qualified apprenticeship pro17 grams in a cost-effective, timely, and feasible manner; 

18 and 

19 ‘‘(B) ensure geographic diversity among the 

20 States in the military construction projects des21 ignated. 

22 ‘‘(3) Unspecified minor military construction projects 

23 may not exceed 40 percent of the military construction 

24 projects designated under this subsection for a fiscal year. 


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1 ‘‘(c) CONTRACT PROVISIONS.—Any agreement that the 

2 Secretary of Defense enters into for a military construction 

3 project that is designated for inclusion in the pilot program 

4 shall ensure that— 

5 ‘‘(1) to the maximum extent feasible, apprentices 

6 who are also veterans are employed on that military 

7 construction project; and 

8 ‘‘(2) contractors participate in a qualified ap9 prenticeship program. 

10 ‘‘(d) REPORT.—(1) Not later than 150 days after the 

11 end of each fiscal year during which the pilot program is 

12 active, the Secretary of Defense shall submit to Congress a 

13 report that includes the following: 

14 ‘‘(A) The progress of designated military con15 struction projects and the role of apprentices who are 

16 also veterans in achieving that progress. 

17 ‘‘(B) Any challenges, difficulties, or problems en18 countered in recruiting veterans to become appren19 tices. 

20 ‘‘(C) Cost differentials in the designated military 

21 construction projects compared to similar projects 

22 completed contemporaneously, but not designated for 

23 the pilot program. 

24 ‘‘(D) Evaluation of benefits derived from employ25 ing apprentices, including the following: 


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1 ‘‘(i) Workforce sustainability. 

2 ‘‘(ii) Workforce skills enhancement. 

3 ‘‘(iii) Increased short- and long-term cost-ef4 fectiveness. 

5 ‘‘(iv) Improved veteran employment in sus6 tainable wage fields. 

7 ‘‘(E) Any other information the Secretary of De8 fense determines appropriate. 

9 ‘‘(2) Not later than March 1, 2016, the Secretary of 

10 Defense shall submit to Congress a report that— 

11 ‘‘(A) analyzes the pilot program in terms of its 

12 effect on the sustainability of a workforce to meet the 

13 military construction needs of the Armed Forces; 

14 ‘‘(B) analyzes the effects of the pilot program on 

15 veteran employment in sustainable wage fields or pro16 fessions; and 

17 ‘‘(C) makes recommendations on the continu18 ation, modification, or expansion of the pilot program 

19 on the basis of such factors as the Secretary of Defense 

20 determines appropriate, including the following: 

21 ‘‘(i) Workforce sustainability. 

22 ‘‘(ii) Cost-effectiveness. 

23 ‘‘(iii) Community development. 


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1 ‘‘(3) The Secretary of Defense shall prepare the report 

2 required by paragraph (2) in consultation with the Sec3 retary of Labor and the Secretary of Veterans Affairs. 

4 ‘‘(e) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘apprentice’ means an individual 

6 who is employed pursuant to, and individually reg7 istered in, a qualified apprenticeship program. 

8 ‘‘(2) The term ‘pilot program’ means the Vet9 erans to Work pilot program established under sub10 section (a). 

11 ‘‘(3)(A) Except as provided in subparagraph 

12 (B), the term ‘qualified apprenticeship program’ 

13 means an apprenticeship or other training program 

14 that qualifies as an employee welfare benefit plan, as 

15 defined in section 3(1) of the Employee Retirement 

16 Income Security Act of 1974 (29 U.S.C. 1002(1)). 

17 ‘‘(B) If the Secretary of Labor determines that a 

18 qualified apprenticeship program (as defined in sub19 paragraph (A)) for a craft or trade classification of 

20 workers that a prospective contractor or subcontractor 

21 intends to employ for a military construction project 

22 included in the pilot program is not operated in the 

23 locality of the project, the Secretary of Labor may ex24 pand the definition of qualified apprenticeship pro25 gram to include another apprenticeship or training 


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1 program, so long as the apprenticeship or training 

2 program is registered for Federal purposes with the 

3 Office of Apprenticeship of the Department of Labor 

4 or a State apprenticeship agency recognized by such 

5 Office. 

6 ‘‘(4) The term ‘State’ means any of the States, 

7 the District of Columbia, or territories of Guam, 

8 Puerto Rico, the Northern Mariana Islands, and the 

9 United States Virgin Islands. 

10 ‘‘(5) The term ‘veteran’ has the meaning given 

11 such term under section 101(2) of title 38.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of such subchapter is amended by inserting 

14 after the item relating to section 2856 the following new 

15 item: 

‘‘2857. Veterans to Work Pilot Program.’’. 

16 Subtitle B—Real Property and 

17 Facilities Administration 

18 SEC. 2811. NOTICE-AND-WAIT REQUIREMENTS APPLICABLE 

19 TO REAL PROPERTY TRANSACTIONS. 

20 (a) EXCEPTION FOR LEASES UNDER BASE CLOSURE

21 PROCESS.—Subsection (a)(1)(C) of section 2662 of title 10, 

22 United States Code, is amended by inserting after ‘‘United 

23 States’’ the following: ‘‘(other than a lease or license entered 

24 into under section 2667(g) of this title)’’. 


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1 (b) REPEAL OF ANNUAL REPORT ON MINOR REAL ES2 TATE TRANSACTIONS.—Subsection (b) of such section is re3 pealed. 

4 (c) GEOGRAPHIC SCOPE OF REQUIREMENTS.—Sub5 section (c) of such section is amended— 

6 (1) by striking ‘‘GEOGRAPHIC SCOPE; EX7 CEPTED’’ and inserting ‘‘EXCEPTED’’; 

8 (2) by striking the first sentence; and 

9 (3) by striking ‘‘It does not’’ and inserting ‘‘This 

10 section does not’’. 

11 (d) REPEAL OF NOTICE AND WAIT REQUIREMENT RE12 GARDING GSA LEASES OF SPACE FOR DOD.—Subsection 

13 (e) of such section is repealed. 

14 (e) ADDITIONAL REPORTING REQUIREMENTS REGARD15 ING LEASES OF REAL PROPERTY OWNED BY THE UNITED

16 STATES.—Such section is further amended by inserting 

17 after subsection (a) the following new subsection: 

18 ‘‘(b) ADDITIONAL REPORTING REQUIREMENTS RE19 GARDING LEASES OF REAL PROPERTY OWNED BY THE

20 UNITED STATES.—(1) In the case of a proposed lease or 

21 license of real property owned by the United States covered 

22 by paragraph (1)(C) of subsection (a), the Secretary con23 cerned shall comply with the notice-and wait requirements 

24 of paragraph (3) of such subsection before— 


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1 ‘‘(A) issuing a contract solicitation or other lease 

2 offering with regard to the transaction; and 

3 ‘‘(B) providing public notice regarding any 

4 meeting to discuss a proposed contract solicitation 

5 with regard to the transaction. 

6 ‘‘(2) The report under paragraph (3) of subsection (a) 

7 shall include the following with regard to a proposed trans8 action covered by paragraph (1)(C) of such subsection: 

9 ‘‘(A) A description of the proposed transaction, 

10 including the proposed duration of the lease or li11 cense. 

12 ‘‘(B) A description of the authorities to be used 

13 in entering into the transaction. 

14 ‘‘(C) A statement of the scored cost of the entire 

15 transaction, determined using the scoring criteria of 

16 the Office of Management and Budget. 

17 ‘‘(D) A determination that the property involved 

18 in the transaction is not excess property, as required 

19 by section 2667(a)(3) of this title, including the basis 

20 for the determination. 

21 ‘‘(E) A determination that the proposed trans22 action is directly compatible with the mission of the 

23 military installation or Defense Agency at which the 

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1 pated long-term use of the property at the conclusion 

2 of the lease or license. 

3 ‘‘(F) A description of the requirements or condi4 tions within the contract solicitation or other lease of5 fering for the person making the offer to address tax6 ation issues, including payments-in-lieu-of taxes, and 

7 other development issues related to local municipali8 ties. 

9 ‘‘(G) If the proposed lease involves a project re10 lated to energy production, a certification by the Sec11 retary of Defense that the project, as it will be speci12 fied in the contract solicitation or other lease offering, 

13 is consistent with the Department of Defense perform14 ance goals and plan required by section 2911 of this 

15 title. 

16 ‘‘(3) The Secretary concerned may not enter into the 

17 actual lease or license with respect to property for which 

18 the information required by paragraph (2) was submitted 

19 in a report under subsection (a)(3) unless the Secretary 

20 again complies with the notice-and wait requirements of 

21 such subsection. The subsequent report shall include the fol22 lowing with regard to the proposed transaction: 

23 ‘‘(A) A cross reference to the prior report that 

24 contained the information submitted under paragraph 

25 (2) with respect to the transaction. 


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1 ‘‘(B) A description of the differences between the 

2 information submitted under paragraph (2) and the 

3 information regarding the transaction being sub4 mitted in the subsequent report. 

5 ‘‘(C) A description of the payment to be required 

6 in connection with the lease or license, including a 

7 description of any in-kind consideration that will be 

8 accepted. 

9 ‘‘(D) A description of any community support 

10 facility or provision of community support services 

11 under the lease or license, regardless of whether the fa12 cility will be operated by a covered entity (as defined 

13 in section 2667(d) of this title) or the lessee or the 

14 services will be provided by a covered entity or the 

15 lessee. 

16 ‘‘(E) A description of the competitive procedures 

17 used to select the lessee or, in the case of a lease in18 volving the public benefit exception authorized by sec19 tion 2667(h)(2) of this title, a description of the pub20 lic benefit to be served by the lease.’’. 

21 (f) CONFORMING AMENDMENTS.—Such section is fur22 ther amended— 

23 (1) in subsection (a)— 

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1 paragraph (A) and inserting ‘‘the Secretary con2 cerned submits’’; and 

3 (B) in paragraph (3), by striking ‘‘the Sec4 retary of a military department or the Secretary 

5 of Defense’’ and inserting ‘‘the Secretary con6 cerned’’; 

7 (2) by redesignating subsections (f) and (g) as 

8 subsections (e) and (f), respectively; 

9 (3) in subsection (f), as so redesignated— 

10 (A) in paragraph (1), by striking ‘‘, and the 

11 reporting requirement set forth in subsection (e) 

12 shall not apply with respect to a real property 

13 transaction otherwise covered by that sub14 section,’’; 

15 (B) in paragraph (3), by striking ‘‘or (e), 

16 as the case may be’’; and 

17 (C) by striking paragraph (4); and 

18 (4) by adding at the end the following new sub19 section: 

20 ‘‘(g) SECRETARY CONCERNED DEFINED.—In this sec21 tion, the term ‘Secretary concerned’ includes, with respect 

22 to Defense Agencies, the Secretary of Defense.’’. 

23 (g) CONFORMING AMENDMENTS TO LEASE OF NON-EX24 CESS PROPERTY AUTHORITY.—Section 2667 of such title 

25 is amended— 


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1 (1) in subsection (c), by striking paragraph (4); 

2 (2) in subsection (d), by striking paragraph (6); 

3 (3) in subsection (e)(1), by striking subpara4 graph (E); and 

5 (4) in subsection (h)— 

6 (A) by striking paragraphs (3) and (5); and 

7 (B) by redesignating paragraph (4) as 

8 paragraph (3). 

9 SEC. 2812. TREATMENT OF PROCEEDS GENERATED FROM 

10 LEASES OF NON-EXCESS PROPERTY INVOLV11 ING MILITARY MUSEUMS. 

12 Section 2667(e)(1) of title 10, United States Code, as 

13 amended by section 2811(g), is amended by inserting after 

14 subparagraph (D) the following new subparagraph (E): 

15 ‘‘(E) If the proceeds deposited in the special account 

16 established for the Secretary concerned are derived from ac17 tivities associated with a military museum described in sec18 tion 489(a) of this title, the proceeds shall be available for 

19 activities described in subparagraph (C) only at that mu20 seum.’’. 

21 SEC. 2813. REPEAL OF EXPIRED AUTHORITY TO LEASE 

22 LAND FOR SPECIAL OPERATIONS ACTIVITIES. 

23 (a) REPEAL.—Section 2680 of title 10, United States 

24 Code, is repealed. 


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1 (b) EFFECT OF REPEAL.—The amendment made by 

2 subsection (a) shall not affect the validity of any contract 

3 entered into under section 2680 of title 10, United States 

4 Code, on or before September 30, 2005. 

5 (c) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of chapter 159 of such title is amended by 

7 striking the item relating to section 2680. 

8 SEC. 2814. FORMER NAVAL BOMBARDMENT AREA, CULEBRA 

9 ISLAND, PUERTO RICO. 

10 (a) IN GENERAL.—Notwithstanding section 204(c) of 

11 the Military Construction Authorization Act, 1974 (Public 

12 Law 93–166; 87 Stat. 668), and paragraph 9 of the quit13 claim deed relating to the island of Culebra in the Common14 wealth of Puerto Rico, the Secretary of Defense— 

15 (1) may provide for the removal of any 

16 unexploded ordnance and munitions scrap on that 

17 portion of Flamenco Beach located within the former 

18 bombardment area of the island; and 

19 (2) shall conduct a study relating to the presence 

20 of unexploded ordnance in the former bombardment 

21 area transferred to the Commonwealth, with the ex22 ception of the area referred to in paragraph (1). 

23 (b) CONTENTS OF STUDY.—The study required by sub24 section (a)(2) shall include the following: 


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1 (1) An estimate of the type and amount of 

2 unexploded ordnance. 

3 (2) An estimate of the cost of removing 

4 unexploded ordnance. 

5 (3) An examination of the impact of such re6 moval on any endangered or threatened species and 

7 their habitat 

8 (4) An examination of current public access to 

9 the former bombardment area. 

10 (5) An examination of any threats to public 

11 health or safety and the environment from unexploded 

12 ordnance. 

13 (c) CONSULTATION WITH COMMONWEALTH.—In con14 ducting the study under subsection (a)(2), the Secretary of 

15 Defense shall consult with the Commonwealth regarding the 

16 Commonwealth’s planned future uses of the former bom17 bardment area. The Secretary shall consider the Common18 wealth’s planned future uses in developing any conclusions 

19 or recommendations the Secretary may include in the 

20 study. 

21 (d) SUBMISSION OF REPORT.—Not later than one year 

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

23 of Defense shall submit to the congressional defense commit24 tees a report containing the results of the study conducted 

25 under subsection (a)(2). 


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1 (e) DEFINITIONS.—In this section: 

2 (1) The term ‘‘quitclaim deed’’ refers to the quit3 claim deed from the United States to the Common4 wealth of Puerto Rico, signed by the Secretary of the 

5 Interior on August 11, 1982, for that portion of Tract 

6 (1b) consisting of the former bombardment area on 

7 the island of Culebra, Puerto Rico. 

8 (2) The term ‘‘unexploded ordnance’’ has the 

9 meaning given that term by section 101(e)(5) of title 

10 10, United States Code. 

11 Subtitle C—Provisions Related to 

12 Guam Realignment 

13 SEC. 2821. SENSE OF CONGRESS REGARDING IMPORTANCE 

14 OF PROVIDING COMMUNITY ADJUSTMENT AS15 SISTANCE TO GOVERNMENT OF GUAM. 

16 It is the Sense of Congress that— 

17 (1) for national security reasons, the United 

18 States is required from time to time to construct 

19 major, new military installations despite the serious 

20 adverse impacts that the installations will have on the 

21 communities and the areas in which the installations 

22 are constructed; and 

23 (2) neither the impacted local governments nor 

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1 structed should be expected to bear the full cost of 

2 mitigating such adverse impacts. 

3 SEC. 2822. DEPARTMENT OF DEFENSE ASSISTANCE FOR 

4 COMMUNITY ADJUSTMENTS RELATED TO RE5 ALIGNMENT OF MILITARY INSTALLATIONS 

6 AND RELOCATION OF MILITARY PERSONNEL 

7 ON GUAM. 

8 (a) TEMPORARY ASSISTANCE AUTHORIZED.— 

9 (1) ASSISTANCE TO GOVERNMENT OF GUAM.— 

10 The Secretary of Defense may assist the Government 

11 of Guam in meeting the costs of providing increased 

12 municipal services and facilities required as a result 

13 of the realignment of military installations and the 

14 relocation of military personnel on Guam (in this sec15 tion referred to as the ‘‘Guam realignment’’) if the 

16 Secretary determines that an unfair and excessive fi17 nancial burden will be incurred by the Government of 

18 Guam to provide the services and facilities in the ab19 sence of the Department of Defense assistance. 

20 (2) MITIGATION OF IDENTIFIED IMPACTS.—The 

21 Secretary of Defense may take such actions as the 

22 Secretary considers to be appropriate to mitigate the 

23 significant impacts identified in the Record of Deci24 sion of the ‘‘Guam and CNMI Military Relocation 

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1 creased municipal services and facilities to activities 

2 that directly support the Guam realignment. 

3 (b) METHODS TO PROVIDE ASSISTANCE.— 

4 (1) USE OF EXISTING PROGRAMS.—The Sec5 retary of Defense shall carry out subsection (a) 

6 through existing Federal programs. 

7 (2) TRANSFER AUTHORITY.—To the extent nec8 essary to carry out subsection (a), the Secretary may 

9 transfer appropriated funds available to the Depart10 ment of Defense or a military department for oper11 ation and maintenance to supplement funds made 

12 available to Guam under a Federal program. The 

13 transfer authority provided by this paragraph is in 

14 addition to the transfer authority provided by section 

15 1001. Amounts so transferred shall be merged with 

16 and be available for the same purposes as the appro17 priation to which transferred. 

18 (3) COST SHARE ASSISTANCE.— The Secretary 

19 may use appropriated amounts referred to in para20 graph (2) to provide financial assistance to the Gov21 ernment of Guam to assist the Government of Guam 

22 to pay its share of the costs under Federal programs 

23 utilized by the Secretary under paragraph (1). 

24 (c) LIMITATION ON PROVISION OF ASSISTANCE.—The 

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1 lizing the authority provided by subsection (a) may not ex2 ceed $500,000,000. 

3 (d) SPECIAL CONSIDERATIONS.—In determining the 

4 amount of financial assistance to be made available under 

5 this section to the Government of Guam for any community 

6 service or facility, the Secretary of Defense shall consult 

7 with the head of the department or agency of the Federal 

8 Government concerned with the type of service or facility 

9 for which financial assistance is being made available and 

10 shall take into consideration— 

11 (1) the time lag between the initial impact of in12 creased population on Guam and any increase in the 

13 local tax base that will result from such increased 

14 population; 

15 (2) the possible temporary nature of the in16 creased population and the long-range cost impact on 

17 the permanent residents of Guam; and 

18 (3) such other pertinent factors as the Secretary 

19 of Defense considers appropriate. 

20 (e) PROGRESS REPORTS REQUIRED.—The Secretary 

21 of Defense shall submit to the Committees on Armed Serv22 ices of the Senate and the House of Representatives semi23 annual reports indicating the total amount expended under 

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1 vided during such period, and the total amount provided 

2 for each project during such period. 

3 (f) TERMINATION.—The authority to provide assist4 ance under subsection (a) expires September 30, 2017. 

5 Amounts obligated before that date may be expended after 

6 that date. 

7 SEC. 2823. EXTENSION OF TERM OF DEPUTY SECRETARY OF 

8 DEFENSE’S LEADERSHIP OF GUAM OVER9 SIGHT COUNCIL. 

10 Subsection (d) of section 132 of title 10, United States 

11 Code, as added by section 2831(a) of the National Defense 

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

13 84; 123 Stat. 2669), is amended by striking ‘‘September 30, 

14 2015’’ and inserting ‘‘September 30, 2020’’. 

15 SEC. 2824. UTILITY CONVEYANCES TO SUPPORT INTE16 GRATED WATER AND WASTEWATER TREAT17 MENT SYSTEM ON GUAM. 

18 (a) CONVEYANCE OF UTILITIES.—The Secretary of De19 fense may convey to the Guam Waterworks Authority (in 

20 this section referred to as the ‘‘Authority’’) all right, title, 

21 and interest of the United States in and to the water and 

22 wastewater treatment utility systems on Guam, including 

23 the Fena Reservoir, for the purpose of establishing an inte24 grated water and wastewater treatment system on Guam. 

25 (b) CONSIDERATION.— 


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1 (1) CONSIDERATION REQUIRED.—As consider2 ation for the conveyance of the water and wastewater 

3 treatment utility systems on Guam, the Authority 

4 shall pay to the Secretary of Defense an amount equal 

5 to the fair market value of the utility infrastructure 

6 to be conveyed, as determined pursuant to an agree7 ment between the Secretary and the Authority. 

8 (2) DEFERRED PAYMENTS.—At the discretion of 

9 the Authority, the Authority may elect to pay the con10 sideration determined under paragraph (1) in equal 

11 annual payments over a period of not more than 25 

12 years, starting with the first year beginning after the 

13 date of the conveyance of the water and wastewater 

14 treatment utility systems to the Authority. 

15 (3) ACCEPTANCE OF IN-KIND SERVICES.—The 

16 consideration required by paragraph (1) may be paid 

17 in cash or in-kind, as acceptable to the Secretary of 

18 Defense. The Secretary of Defense, in consultation 

19 with the Secretary of the Interior, shall consider the 

20 value of in-kind services provided by the Government 

21 of Guam pursuant to section 311 of the Compact of 

22 Free Association between the Government of the 

23 United States and the Government of the Federated 

24 States of Micronesia, approved by Congress in the 

25 Compact of Free Association Amendments Act of 2003 


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1 (Public Law 108–188; 117 Stat. 2781), section 311 of 

2 the Compact of Free Association between the Govern3 ment of the United States and the Government of the 

4 Republic of the Marshall Islands, approved by Con5 gress in such Act, and the Compact of Free Associa6 tion between the Government of the United States and 

7 the Government of the Republic of Palau, approved by 

8 Congress in the Palau Compact of Free Association 

9 Act (Public Law 99–658; 100 Stat. 3672). 

10 (c) CONDITION OF CONVEYANCE.—As a condition of 

11 the conveyance under subsection (a), the Secretary of De12 fense must obtain at least a 33 percent voting representa13 tion on the Guam Consolidated Commission on Utilities, 

14 including a proportional representation as chairperson of 

15 the Commission. 

16 (d) IMPLEMENTATION REPORT.— 

17 (1) REPORT REQUIRED.—If the Secretary of De18 fense determines to use the authority provided by sub19 section (a) to convey the water and wastewater treat20 ment utility systems to the Authority, the Secretary 

21 shall submit to the congressional defense committees a 

22 report containing— 

23 (A) a description of the actions needed to ef24 ficiently convey the water and wastewater treat25 ment utility systems to the Authority; and 


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1 (B) an estimate of the cost of the convey2 ance. 

3 (2) SUBMISSION.—The Secretary shall submit 

4 the report not later than 30 days after the date on 

5 which the Secretary makes the determination trig6 gering the report requirement. 

7 (e) NEW WATER SYSTEMS.—If the Secretary of De8 fense determines to use the authority provided by subsection 

9 (a) to convey the water and wastewater treatment utility 

10 systems to the Authority, the Secretary shall also enter into 

11 an agreement with the Authority, under which the Author12 ity will manage and operate any water well or wastewater 

13 treatment plant that is constructed by the Secretary of a 

14 military department on Guam on or after the date of the 

15 enactment of this Act. 

16 (f) ADDITIONAL TERM AND CONDITIONS.—The Sec17 retary of Defense may require such additional terms and 

18 conditions in connection with the conveyance under this 

19 section as the Secretary considers appropriate to protect the 

20 interests of the United States. 

21 (g) TECHNICAL ASSISTANCE.— 

22 (1) ASSISTANCE AUTHORIZED; REIMBURSE23 MENT.—The Secretary of the Interior, acting through 

24 the Commissioner of the Bureau of Reclamation, may 

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1 fense and the Authority regarding the development of 

2 plans for the design, construction, operation, and 

3 maintenance of integrated water and wastewater 

4 treatment utility systems on Guam. 

5 (2) CONTRACTING AUTHORITY; CONDITION.—The 

6 Secretary of the Interior, acting through the Commis7 sioner of the Bureau of Reclamation, may enter into 

8 memoranda of understanding, cooperative agreements, 

9 and other agreements with the Secretary of Defense to 

10 provide technical assistance as described in para11 graph (1) under such terms and conditions as the 

12 Secretary of the Interior and the Secretary of Defense 

13 consider appropriate, except that costs incurred by 

14 the Secretary of the Interior to provide technical as15 sistance under paragraph (1) shall be covered by the 

16 Secretary of Defense. 

17 (3) REPORT AND OTHER ASSISTANCE.—Not later 

18 than one year after date of the enactment of this Act, 

19 the Secretary of the Interior and the Secretary of De20 fense shall submit to the congressional defense com21 mittees, the Committee on Natural Resources of the 

22 House of Representatives, and the Committee on En23 ergy and Natural Resources of the Senate a report de24 tailing the following: 


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1 (A) Any technical assistance provided under 

2 paragraph (1) and information pertaining to 

3 any memoranda of understanding, cooperative 

4 agreements, and other agreements entered into 

5 pursuant to paragraph (2). 

6 (B) An assessment of water and wastewater 

7 systems on Guam, including cost estimates and 

8 budget authority, including authorities available 

9 under the Acts of June 17, 1902, and June 12, 

10 1906 (popularly known as the Reclamation Act; 

11 43 U.S.C. 391) and other authority available to 

12 the Secretary of the Interior, for financing the 

13 design, construction, operation, and maintenance 

14 of such systems. 

15 (C) The needs related to water and waste16 water infrastructure on Guam and the protection 

17 of water resources on Guam identified by the Au18 thority. 

19 SEC. 2825. REPORT ON TYPES OF FACILITIES REQUIRED TO 

20 SUPPORT GUAM REALIGNMENT. 

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

22 after the date of the enactment of the Act, the Secretary 

23 of Defense shall submit to the congressional defense commit24 tees a report on the structural integrity of facilities required 


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1 to support the realignment of military installations and the 

2 relocation of military personnel on Guam. 

3 (b) CONTENTS OF REPORT.—The report required by 

4 subsection (a) shall contain the following elements: 

5 (1) A threat assessment to the realigned forces, 

6 including natural and manmade threats. 

7 (2) An evaluation of the types of facilities and 

8 the enhanced structural requirements required to deter 

9 the threat assessment specified in paragraph (1). 

10 (3) An assessment of the costs associated with the 

11 enhanced structural requirements specified in para12 graph (2). 

13 SEC. 2826. REPORT ON CIVILIAN INFRASTRUCTURE NEEDS 

14 FOR GUAM. 

15 (a) REPORT REQUIRED.—The Secretary of the Interior 

16 shall prepare a report— 

17 (1) detailing the civilian infrastructure improve18 ments needed on Guam to directly and indirectly sup19 port and sustain the realignment of military installa20 tions and the relocation of military personnel on 

21 Guam; and 

22 (2) identifying, to the maximum extent prac23 tical, the potential funding sources for such improve24 ments from other Federal departments and agencies 


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1 and from existing authorities and funds within the 

2 Department of Defense. 

3 (b) CONSULTATION.—The Secretary of the Interior 

4 shall prepare the report required by subsection (a) in con5 sultation with the Secretary of Defense, the Government of 

6 Guam, and the Interagency Group on the Insular Areas es7 tablished by Executive Order 13537. 

8 (c) SUBMISSION.—The Secretary of the Interior shall 

9 submit the report required by subsection (a) to the congres10 sional defense committees and the Committee on Natural 

11 Resources of the House of Representatives, and the Com12 mittee on Energy and Natural Resources of the Senate not 

13 later than 180 days after the date of the enactment of this 

14 Act. 

15 SEC. 2827. COMPTROLLER GENERAL REPORT ON PLANNED 

16 REPLACEMENT NAVAL HOSPITAL ON GUAM. 

17 (a) ASSESSMENT REQUIRED.—The Comptroller Gen18 eral of the United States shall review and assess the pro19 posed replacement Naval Hospital on Guam to determine 

20 whether the size and scope of the hospital will be sufficient 

21 to support the current and projected military mission re22 quirements and Department of Defense beneficiary popu23 lation on Guam. 

24 (b) REPORT.—Not later than 180 days after the date 

25 of the enactment of this Act, the Comptroller General shall 


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1 submit to the congressional defense committees a report con2 taining the results of the review and assessment under sub3 section (a). 

4 Subtitle D—Energy Security 

5 SEC. 2831. CONSIDERATION OF ENVIRONMENTALLY SUS6 TAINABLE PRACTICES IN DEPARTMENT EN7 ERGY PERFORMANCE PLAN. 

8 Section 2911(c) of title 10, United States Code, is 

9 amended— 

10 (1) in paragraph (4), by inserting ‘‘and hybrid11 electric drive’’ after ‘‘alternative fuels’’; 

12 (2) by redesignating paragraph (9) as para13 graph (11) and paragraphs (5) through (8) as para14 graphs (6) through (9), respectively; 

15 (3) by inserting after paragraph (4) the fol16 lowing new paragraph: 

17 ‘‘(5) Opportunities for the high-performance con18 struction, lease, operation, and maintenance of build19 ings.’’; and 

20 (4) by inserting after paragraph (9) (as redesig21 nated by paragraph (2)) the following new para22 graph: 

23 ‘‘(10) The value of incorporating electric, hybrid24 electric, and high efficiency vehicles into vehicle 

25 fleets.’’. 


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1 SEC. 2832. PLAN AND IMPLEMENTATION GUIDELINES FOR 

2 ACHIEVING DEPARTMENT OF DEFENSE GOAL 

3 REGARDING USE OF RENEWABLE ENERGY TO 

4 MEET FACILITY ENERGY NEEDS. 

5 (a) PLAN AND GUIDELINES REQUIRED.—Section 

6 2911(e) of title 10, United States Code, is amended— 

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

9 (2) by inserting after paragraph (1) the fol10 lowing new paragraph: 

11 ‘‘(2) The Secretary of Defense, in coordination with 

12 the Secretaries of the military departments, shall develop 

13 a plan and implementation guidelines for achieving the 

14 percentage goal specified in paragraph (1)(A).’’. 

15 (b) SUBMISSION.—Not later than one year after the 

16 date of the enactment of this Act, the Secretary of Defense 

17 shall submit to the Committees on Armed Services of the 

18 Senate and House of Representatives a report containing 

19 the plan and implementation guidelines required by para20 graph (2) of section 2911(e) of title 10, United States Code, 

21 as added by subsection (a). 

22 SEC. 2833. INSULATION RETROFITTING ASSESSMENT FOR 

23 DEPARTMENT OF DEFENSE FACILITIES. 

24 (a) SUBMISSION AND CONTENTS OF INSULATION RET25 ROFITTING ASSESSMENT.—Not later than one year after the 

26 date of the enactment of this Act, the Secretary of Defense 


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1 shall submit to the Committees on Armed Services of the 

2 Senate and House of Representatives an assessment con3 taining an estimate of— 

4 (1) the number of Department of Defense facili5 ties described in subsection (b); and 

6 (2) the overall cost savings and energy savings to 

7 the Department that would result from retrofitting 

8 those facilities with improved insulation. 

9 (b) FACILITIES INCLUDED IN ASSESSMENT.—The as10 sessment requirement in subsection (a) shall apply with re11 spect to each Department of Defense facility the retrofitting 

12 of which (as described in such subsection) would result, over 

13 the remaining expected life of the facility, in an amount 

14 of cost savings that is at least twice the amount of the cost 

15 of the retrofitting. 

16 Subtitle E—Land Conveyances 

17 SEC. 2841. CONVEYANCE OF PERSONAL PROPERTY RE18 LATED TO WASTE-TO-ENERGY POWER PLANT 

19 SERVING EIELSON AIR FORCE BASE, ALASKA. 

20 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

21 Air Force may convey to the Fairbanks North Star Bor22 ough, Alaska (in this section referred to as the ‘‘Borough’’), 

23 personal property acquired for the Eielson Air Force Base 

24 Alternate Energy Source Program to be used for a waste25 to-energy power plant that would generate electricity 


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1 through the burning of waste generated by the Borough, 

2 Eielson Air Force Base, and other Federal facilities or State 

3 or local government entities. 

4 (b) CONSIDERATION.—As consideration for the convey5 ance of personal property under subsection (a), the Sec6 retary shall require the Borough to offset Eielson Air Force 

7 Base waste disposal fees by the fair market value of the con8 veyed property. 

9 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions 

11 in connection with the conveyance under subsection (a) as 

12 the Secretary considers appropriate to protect the interests 

13 of the United States. 

14 SEC. 2842. LAND CONVEYANCE, WHITTIER PETROLEUM, OIL, 

15 AND LUBRICANT TANK FARM, WHITTIER, 

16 ALASKA. 

17 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

18 Army may convey, without consideration, to the City of 

19 Whittier, Alaska (in this section referred to as the ‘‘City’’), 

20 all right, title, and interest of the United States in and to 

21 parcels of real property, including any improvements there22 on, consisting of approximately 31 acres at the Whittier 

23 Petroleum, Oil, and Lubricant Tank Farm, Whittier, Alas24 ka, for the purpose of permitting the City to use the prop25 erty for local public activities. 


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1 (b) PAYMENT OF COSTS OF CONVEYANCES.— 

2 (1) PAYMENT REQUIRED.—The Secretary shall 

3 require the City to cover costs to be incurred by the 

4 Secretary, or to reimburse the Secretary for costs in5 curred by the Secretary, to carry out the conveyance 

6 under subsection (a), including survey costs, costs re7 lated to environmental documentation, and other ad8 ministrative costs related to the conveyance. 

9 (2) TREATMENT OF AMOUNTS RECEIVED.— 

10 Amounts received as reimbursements under para11 graph (1) shall be credited to the fund or account that 

12 was used to cover the costs incurred by the Secretary 

13 in carrying out the conveyance. Amounts so credited 

14 shall be merged with amounts in such fund or account 

15 and shall be available for the same purposes, and sub16 ject to the same conditions and limitations, as 

17 amounts in such fund or account. 

18 (c) SAVINGS PROVISION.—Nothing in this section shall 

19 be construed to affect or limit the application of, or any 

20 obligation to comply with, any environmental law, includ21 ing the Comprehensive Environmental Response, Com22 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

23 seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

24 et seq.). 


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1 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

2 and legal descriptions of the real property to be conveyed 

3 under subsection (a) shall be determined by a survey satis4 factory to the Secretary. 

5 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec6 retary may require such additional terms and conditions 

7 in connection with the conveyance under subsection (a), in8 cluding easements or covenants to protect cultural or nat9 ural resources, as the Secretary considers appropriate to 

10 protect the interests of the United States. 

11 SEC. 2843. LAND CONVEYANCE, FORT KNOX, KENTUCKY. 

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

13 Army may convey, without consideration, to the Depart14 ment of Veterans Affairs of the Commonwealth of Kentucky 

15 (in this section referred to as the ‘‘Department’’) all right, 

16 title, and interest of the United States in and to a parcel 

17 of real property, including any improvements thereon, con18 sisting of approximately 194 acres at Fort Knox, Kentucky, 

19 for the purpose of permitting the Department to establish 

20 and operate a State veterans home and future expansion 

21 of the adjacent State veterans cemetery for veterans and eli22 gible family members of the Armed Forces. 

23 (b) REIMBURSEMENT FOR COSTS OF CONVEYANCE.— 

24 (1) The Department shall reimburse the Secretary for any 

25 costs incurred by the Secretary in making the conveyance 


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1 under subsection (a), including costs related to environ2 mental documentation and other administrative costs. This 

3 paragraph does not apply to costs associated with the envi4 ronmental remediation of the property to be conveyed. 

5 (2) Amounts received as reimbursement under para6 graph (1) shall be credited to the fund or account that was 

7 used to cover the costs incurred by the Secretary in carrying 

8 out the conveyance. Amounts so credited shall be merged 

9 with amounts in such fund or account and shall be avail10 able for the same purposes, and subject to the same condi11 tions and limitations, as other amounts in such fund or 

12 account. 

13 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

14 and legal description of the real property to be conveyed 

15 under subsection (a) shall be determined by a survey satis16 factory to the Secretary. 

17 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec18 retary may require such additional terms and conditions 

19 in connection with the conveyance under subsection (a), as 

20 the Secretary considers appropriate to protect the interests 

21 of the United States. 

22 SEC. 2844. LAND CONVEYANCE, NAVAL SUPPORT ACTIVITY 

23 (WEST BANK), NEW ORLEANS, LOUISIANA. 

24 (a) CONVEYANCE AUTHORIZED.—Except as provided 

25 in subsection (b), the Secretary of the Navy may convey 


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1 to the Algiers Development District all right, title, and in2 terest of the United States in and to the real property com3 prising the Naval Support Activity (West Bank), New Orle4 ans, Louisiana, including— 

5 (1) any improvements and facilities on the real 

6 property; and 

7 (2) available personal property on the real prop8 erty. 

9 (b) CERTAIN PROPERTY EXCLUDED.—The conveyance 

10 under subsection (a) may not include— 

11 (1) the approximately 29-acre area known as the 

12 Secured Area of the real property described in such 

13 subsection, which shall remain subject to the Lease; 

14 and 

15 (2) the Quarters A site, which is located at Sanc16 tuary Drive, as determined by a survey satisfactory 

17 to the Secretary of the Navy. 

18 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

19 and legal description of the real property to be conveyed 

20 under subsection (a) shall be determined by a survey satis21 factory to the Secretary of the Navy. 

22 (d) TIMING.—The authority provided in subsection (a) 

23 may only be exercised after— 


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1 (1) the Secretary of the Navy determines that the 

2 property described in subsection (a) is no longer need3 ed by the Department of the Navy; and 

4 (2) the Algiers Development District delivers the 

5 full consideration as required by Article 3 of the 

6 Lease. 

7 (e) CONDITION OF CONVEYANCE.—The conveyance au8 thorized by subsection (a) shall include a condition that ex9 pressly prohibits any use of the property that would inter10 fere or otherwise restrict operations of the Department of 

11 the Navy in the Secured Area referred to in subsection (b), 

12 as determined by the Secretary of the Navy. 

13 (f) SUBSEQUENT CONVEYANCE OF SECURED AREA.— 

14 If at any time the Secretary of the Navy determines and 

15 notifies the Algiers Development District that there is no 

16 longer a continuing requirement to occupy or otherwise con17 trol the Secured Area referred to in subsection (b) to support 

18 the mission of the Marine Forces Reserve or other com19 parable Marine Corps use, the Secretary may convey to the 

20 Algiers Development District the Secured Area and the any 

21 improvements situated thereon. 

22 (g) SUBSEQUENT CONVEYANCE OF QUARTERS A.—If 

23 at any time the Secretary of the Navy determines that the 

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1 ters A site referred to in subsection (b) or the Department 

2 of the Navy elects or offers to transfer, sell, lease, assign, 

3 gift or otherwise convey any or all of the Quarters A site 

4 or any improvements thereon to any third party, the Sec5 retary may convey to the Algiers Development District the 

6 real property containing the Quarters A site. 

7 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec8 retary of the Navy may require such additional terms and 

9 conditions in connection with the conveyance of property 

10 under this section, consistent with the Lease, as the Sec11 retary considers appropriate to protect the interest of the 

12 United States. 

13 (i) DEFINITIONS.—In this section: 

14 (1) The term ‘‘Algiers Development District’’ 

15 means the Algiers Development District, a local polit16 ical subdivision of the State of Louisiana. 

17 (2) The term ‘‘Lease’’ means that certain Real 

18 Estate Lease for Naval Support Activity New Orle19 ans, West Bank, New Orleans, Louisiana, Lease No. 

20 N47692–08–RP–08P30, by and between the United 

21 States, acting by and through the Department of the 

22 Navy, and the Algiers Development District dated 

23 September 30, 2008. 


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1 SEC. 2845. LAND CONVEYANCE, FORMER NAVY EXTREMELY 

2 LOW FREQUENCY COMMUNICATIONS 

3 PROJECT SITE, REPUBLIC, MICHIGAN. 

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

5 Navy may convey, without consideration, to Humboldt 

6 Township in Marquette County, Michigan, all right, title, 

7 and interest of the United States in and to a parcel of real 

8 property, including any improvements thereon, in Repub9 lic, Michigan, consisting of approximately seven acres and 

10 formerly used as an Extremely Low Frequency communica11 tions project site, for the purpose of permitting the Town12 ship to use the property for local public activities. 

13 (b) DESCRIPTION OF PROPERTY.—The exact acreage 

14 and legal description of the real property to be conveyed 

15 under subsection (a) shall be determined by a survey satis16 factory to the Secretary. 

17 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec18 retary may require such additional terms and conditions 

19 in connection with the conveyance under subsection (a) as 

20 the Secretary considers appropriate to protect the interests 

21 of the United States. 

22 SEC. 2846. LAND CONVEYANCE, MARINE FORCES RESERVE 

23 CENTER, WILMINGTON, NORTH CAROLINA. 

24 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

25 Navy may convey to the North Carolina State Port Author26 ity of Wilmington, North Carolina (in this section referred 


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1 to as the ‘‘Port Authority’’), all right, title, and interest 

2 of the United States in and to a parcel of real property, 

3 including any improvements thereon, consisting of approxi4 mately 3.03 acres and known as the Marine Forces Reserve 

5 Center in Wilmington, North Carolina, for the purpose of 

6 permitting the Port Authority to use the parcel for develop7 ment of a port facility and for other public purposes. 

8 (b) INCLUSION OF PERSONAL PROPERTY.—The Sec9 retary of the Navy may include as part of the conveyance 

10 under subsection (a) personal property of the Navy at the 

11 Marine Forces Reserve Center that the Secretary of Trans12 portation recommends is appropriate for the development 

13 or operation of the port facility and the Secretary of the 

14 Navy agrees is excess to the needs of the Navy. 

15 (c) INTERIM LEASE.—Until such time as the real 

16 property described in subsection (a) is conveyed by deed, 

17 the Secretary of the Navy may lease the property to the 

18 Port Authority. 

19 (d) CONSIDERATION.— 

20 (1) CONVEYANCE.—The conveyance under sub21 section (a) shall be made without consideration as a 

22 public benefit conveyance for port development if the 

23 Secretary of the Navy determines that the Port Au24 thority satisfies the criteria specified in section 554 of 

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1 scribed to implement such section. If the Secretary de2 termines that the Port Authority fails to qualify for 

3 a public benefit conveyance, but still desires to ac4 quire the property, the Port Authority shall pay to 

5 the United States an amount equal to the fair market 

6 value of the property to be conveyed. The fair market 

7 value of the property shall be determined by the Sec8 retary. 

9 (2) LEASE.—The Secretary of the Navy may ac10 cept as consideration for a lease of the property under 

11 subsection (c) an amount that is less than fair market 

12 value if the Secretary determines that the public in13 terest will be served as a result of the lease. 

14 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

15 and legal description of the property to be conveyed under 

16 subsection (a) shall be determined by a survey satisfactory 

17 to the Secretary of the Navy and the Port Authority. The 

18 cost of such survey shall be borne by the Port Authority. 

19 (f) ADDITIONAL TERMS.—The Secretary of the Navy 

20 may require such additional terms and conditions in con21 nection with the conveyance as the Secretary considers ap22 propriate to protect the interests of the United States. 


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1 Subtitle F—Other Matters 

2 SEC. 2851. REQUIREMENTS RELATED TO PROVIDING 

3 WORLD CLASS MILITARY MEDICAL FACILI4 TIES. 

5 (a) UNIFIED CONSTRUCTION STANDARD FOR MILI6 TARY CONSTRUCTION AND REPAIRS TO MILITARY MEDICAL

7 FACILITIES.—Not later than 90 days after the date of the 

8 enactment of this Act, the Secretary of Defense shall estab9 lish a unified construction standard for military construc10 tion and repairs for military medical facilities that pro11 vides a single standard of care. This standard shall also 

12 include a size standard for operating rooms and patient 

13 recovery rooms. 

14 (b) INDEPENDENT REVIEW PANEL.— 

15 (1) ESTABLISHMENT; PURPOSE.—The Secretary 

16 of Defense shall establish an independent advisory 

17 panel for the purpose of— 

18 (A) advising the Secretary regarding wheth19 er the Comprehensive Master Plan for the Na20 tional Capital Region Medical, dated April 

21 2010, is adequate to fulfill statutory require22 ments, as required by section 2714 of the Mili23 tary Construction Authorization Act for Fiscal 

24 Year 2010 (division B of Public Law 111–84; 

25 123 Stat. 2656), to ensure that the facilities and 


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1 organizational structure described in the plan re2 sult in world class military medical facilities in 

3 the National Capital Region; 

4 (B) monitoring the implementation and 

5 any subsequent modification of the master plan 

6 referred to in subparagraph (A); and 

7 (C) making recommendations regarding 

8 any adjustments of the master plan referred to 

9 in subparagraph (A) needed to ensure the provi10 sion of world class military medical facilities 

11 and delivery system in the National Capital Re12 gion. 

13 (2) MEMBERS.— 

14 (A) APPOINTMENTS BY SECRETARY.—The 

15 panel shall be composed of such members as de16 termined by the Secretary of Defense, except that 

17 the Secretary shall include as members— 

18 (i) medical facility design experts; 

19 (ii) military healthcare professionals; 

20 (iii) representatives of premier health 

21 care facilities in the United States; and 

22 (iv) former retired senior military offi23 cers with joint operational and budgetary 

24 experience. 


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1 (B) CONGRESSIONAL APPOINTMENTS.—The 

2 chairmen and ranking members of the Commit3 tees on the Armed Services of the Senate and 

4 House of Representatives may each designate one 

5 member of the panel. 

6 (C) TERM.—Members of the panel may 

7 serve on the panel until the termination date 

8 specified in paragraph (7). 

9 (D) COMPENSATION.—While performing du10 ties on behalf of the panel, a member and any 

11 adviser referred to in paragraph (4) shall be re12 imbursed under Government travel regulations 

13 for necessary travel expenses. 

14 (3) MEETINGS.—The panel shall meet not less 

15 than quarterly. The panel or its members may make 

16 other visits to military treatment facilities and mili17 tary headquarters in connection with the duties of the 

18 panel. 

19 (4) STAFF AND ADVISORS.—The Secretary of De20 fense shall provide necessary administrative staff sup21 port to the panel. The panel may call in advisers for 

22 consultation. 

23 (5) REPORTS.— 

24 (A) INITIAL REPORT.—Not later than 120 

25 days after the first meeting of the panel, the 


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1 panel shall submit to the Secretary of Defense a 

2 written report containing an assessment of the 

3 adequacy of the master plan referred to in para4 graph (1)(A) and the recommendations of the 

5 panel to improve the plan. 

6 (B) ADDITIONAL REPORTS.—Not later than 

7 February 28, 2011, and February 29, 2012, the 

8 panel shall submit to the Secretary of Defense a 

9 report on the findings and recommendations of 

10 the panel to address any deficiencies identified 

11 by the panel. 

12 (6) ASSESSMENT OF RECOMMENDATIONS.—Not 

13 later than 30 days after the date of the submission of 

14 each report under paragraph (5), the Secretary of De15 fense shall submit to the congressional defense com16 mittees a report including— 

17 (A) an assessment by the Secretary of the 

18 findings and recommendations of the panel; and 

19 (B) the plans of the Secretary for address20 ing such findings and recommendations. 

21 (7) TERMINATION.—The panel shall terminate 

22 on September 30, 2015. 

23 (c) DEFINITIONS.—In this section: 

24 (1) NATIONAL CAPITAL REGION.—The term ‘‘Na25 tional Capital Region’’ has the meaning given the 


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1 term in section 2674(f) of title 10, United States 

2 Code. 

3 (2) WORLD CLASS MILITARY MEDICAL FACIL4 ITY.—The term ‘‘world class military medical facil5 ity’’ has the meaning given the term by the National 

6 Capital Region Base Realignment and Closure Health 

7 Systems Advisory Subcommittee of the Defense Health 

8 Board in appendix B of the report titled ‘‘Achieving 

9 World Class—An Independent Review of the Design 

10 Plans for the Walter Reed National Military Medical 

11 Center and the Fort Belvoir Community Hospital’’ 

12 and published in May 2009, as required by section 

13 2721 of the Military Construction Authorization Act 

14 for Fiscal Year 2009 (division B of Public Law 110– 

15 417; 122 Stat. 4716). 

16 SEC. 2852. NAMING OF ARMED FORCES RESERVE CENTER, 

17 MIDDLETOWN, CONNECTICUT. 

18 The newly constructed Armed Forces Reserve Center 

19 in Middletown, Connecticut, shall be known and designated 

20 as the ‘‘Major General Maurice Rose Armed Forces Reserve 

21 Center’’. Any reference in a law, map, regulation, docu22 ment, paper, or other record of the United States to such 

23 Armed Forces Reserve Center shall be deemed to be a ref24 erence to the Major General Maurice Rose Armed Forces 

25 Reserve Center. 


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1 TITLE XXIX—OVERSEAS CONTIN2 GENCY OPERATIONS MILI3 TARY CONSTRUCTION 

4 Subtitle A—Fiscal Year 2010 

5 Projects 

6 SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS AND AUTHORIZA8 TION OF APPROPRIATIONS. 

9 (a) OUTSIDE THE UNITED STATES.—The Secretary of 

10 the Army may acquire real property and carry out military 

11 construction projects for various locations outside the 

12 United States, and subject to the purpose, total amount au13 thorized, and authorization of appropriations specified for 

14 the projects, set forth in the following table: 

Army: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Various Locations ................ Operational Facilities ..................................... 80,100 80,100 

AF Various Locations ................ Supporting Activities ...................................... 62,900 62,900 

AF Various Locations ................ Utility Facilities .............................................. 52,600 52,600 

15 (b) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) OUTSIDE THE UNITED STATES.—For mili17 tary construction projects outside the United States 

18 authorized by subsection (a), funds are hereby author19 ized to be appropriated for fiscal years beginning 

20 after September 30, 2009, in the total amount of 

21 $195,600,000. 


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1 (2) UNSPECIFIED MINOR MILITARY CONSTRUC2 TION PROJECTS.—For unspecified minor military 

3 construction projects authorized by section 2805 of 

4 title 10, United States Code, funds are hereby author5 ized to be appropriated for fiscal years beginning 

6 after September 30, 2009, in the total amount of 

7 $40,000,000. 

8 (3) ARCHITECTURAL AND ENGINEERING SERV9 ICES AND CONSTRUCTION DESIGN.—For architectural 

10 and engineering services and construction design 

11 under section 2807 of title 10, United States Code, 

12 funds are hereby authorized to be appropriated for 

13 fiscal years beginning after September 30, 2009, in 

14 the total amount of $6,696,000. 

15 SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 

16 LAND ACQUISITION PROJECTS AND AUTHOR17 IZATION OF APPROPRIATIONS. 

18 (a) OUTSIDE THE UNITED STATES.—The Secretary of 

19 the Air Force may acquire real property and carry out 

20 military construction projects for various locations outside 

21 the United States, and subject to the purpose, total amount 

22 authorized, and authorization of appropriations specified 

23 for the projects, set forth in the following table: 

Air Force: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Various Locations ................ Operational Facilities ..................................... 220,500 220,500 

AF Various Locations ................ Supply Facilities ............................................. 24,550 24,550 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) OUTSIDE THE UNITED STATES.—For mili3 tary construction projects outside the United States 

4 authorized by subsection (a), funds are hereby author5 ized to be appropriated for fiscal years beginning 

6 after September 30, 2009, in the total amount of 

7 $245,050,000. 

8 (2) UNSPECIFIED MINOR MILITARY CONSTRUC9 TION PROJECTS.—For unspecified minor military 

10 construction projects authorized by section 2805 of 

11 title 10, United States Code, funds are hereby author12 ized to be appropriated for fiscal years beginning 

13 after September 30, 2009, in the total amount of 

14 $15,000,000. 

15 (3) ARCHITECTURAL AND ENGINEERING SERV16 ICES AND CONSTRUCTION DESIGN.—For architectural 

17 and engineering services and construction design 

18 under section 2807 of title 10, United States Code, 

19 funds are hereby authorized to be appropriated for 

20 fiscal years beginning after September 30, 2009, in 

21 the total amount of $19,040,000. 


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1 Subtitle B—Fiscal Year 2011 

2 Projects 

3 SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS AND AUTHORIZA5 TION OF APPROPRIATIONS. 

6 (a) OUTSIDE THE UNITED STATES.—The Secretary of 

7 the Army may acquire real property and carry out military 

8 construction projects for various locations outside the 

9 United States, and subject to the purpose, total amount au10 thorized, and authorization of appropriations specified for 

11 the projects, set forth in the following table: 

Army: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Various Locations ................ Air Pollution Abatement ................................. 16,000 16,000 

AF Various Locations ................ Community Facilities ..................................... 21,450 21,450 

AF Various Locations ................ Hospital and Medical Facilities ..................... 50,800 50,800 

AF Various Locations ................ Operational Facilities ..................................... 69,600 69,600 

AF Various Locations ................ Supply Facilities ............................................. 30,700 30,700 

AF Various Locations ................ Supporting Activities ...................................... 199,800 199,800 

AF Various Locations ................ Troop Housing Facilities ................................ 283,000 283,000 

AF Various Locations ................ Utility Facilities .............................................. 90,600 90,600 

12 (b) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) OUTSIDE THE UNITED STATES.—For mili14 tary construction projects outside the United States 

15 authorized by subsection (a), funds are hereby author16 ized to be appropriated for fiscal years beginning 

17 after September 30, 2010, in the total amount of 

18 $761,950,000. 

19 (2) UNSPECIFIED MINOR MILITARY CONSTRUC20 TION PROJECTS.—For unspecified minor military 

21 construction projects authorized by section 2805 of 


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1 title 10, United States Code, funds are hereby author2 ized to be appropriated for fiscal years beginning 

3 after September 30, 2010, in the total amount of 

4 $78,330,000. 

5 (3) ARCHITECTURAL AND ENGINEERING SERV6 ICES AND CONSTRUCTION DESIGN.—For architectural 

7 and engineering services and construction design 

8 under section 2807 of title 10, United States Code, 

9 funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2010, in 

11 the total amount of $89,716,000. 

12 SEC. 2912. AUTHORIZED AIR FORCE CONSTRUCTION AND 

13 LAND ACQUISITION PROJECTS AND AUTHOR14 IZATION OF APPROPRIATIONS. 

15 (a) OUTSIDE THE UNITED STATES.—The Secretary of 

16 the Air Force may acquire real property and carry out 

17 military construction projects for various locations outside 

18 the United States, and subject to the purpose, total amount 

19 authorized, and authorization of appropriations specified 

20 for the projects, set forth in the following table: 

Air Force: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

AF Various Locations ................ Maintenance and Production Facilities ........ 7,400 7,400 

AF Various Locations ................ Operational Facilities ..................................... 203,000 203,000 

AF Various Locations ................ Supply Facilities ............................................. 7,100 7,100 

21 (b) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) OUTSIDE THE UNITED STATES.—For mili2 tary construction projects outside the United States 

3 authorized by subsection (a), funds are hereby author4 ized to be appropriated for fiscal years beginning 

5 after September 30, 2010, in the total amount of 

6 $217,500,000. 

7 (2) UNSPECIFIED MINOR MILITARY CONSTRUC8 TION PROJECTS.—For unspecified minor military 

9 construction projects authorized by section 2805 of 

10 title 10, United States Code, funds are hereby author11 ized to be appropriated for fiscal years beginning 

12 after September 30, 2010, in the total amount of 

13 $49,584,000. 

14 (3) ARCHITECTURAL AND ENGINEERING SERV15 ICES AND CONSTRUCTION DESIGN.—For architectural 

16 and engineering services and construction design 

17 under section 2807 of title 10, United States Code, 

18 funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2010, in 

20 the total amount of $13,422,000. 

21 SEC. 2913. AUTHORIZED DEFENSE WIDE CONSTRUCTION 

22 AND LAND ACQUISITION PROJECTS AND AU23 THORIZATION OF APPROPRIATIONS. 

24 (a) OUTSIDE THE UNITED STATES.—The Secretary of 

25 Defense may acquire real property and carry out military 


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1 construction projects for the Defense Agencies for a classi2 fied project at a classified location outside the United 

3 States, and subject to the total amount authorized and au4 thorization of appropriations specified for the project, set 

5 forth in the following table: 

Defense Wide: Military Construction Outside the United States 

(Amounts Are Specified In Thousands of Dollars) 

Overseas 

Location Installation or Location Purpose of Project 

Project 

Amount 

Authorization of 

Appropriations 

XC Classified Location .............. Classified Project ............................................. 41,900 41,900 

6 (b) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) OUTSIDE THE UNITED STATES.—For mili8 tary construction projects outside the United States 

9 authorized by subsection (a), funds are hereby author10 ized to be appropriated for fiscal years beginning 

11 after September 30, 2010, in the total amount of 

12 $41,900,000. 

13 (2) ARCHITECTURAL AND ENGINEERING SERV14 ICES AND CONSTRUCTION DESIGN.—For architectural 

15 and engineering services and construction design au16 thorized by section 2807 of title 10, United States 

17 Code, funds are hereby authorized to be appropriated 

18 for fiscal years beginning after September 30, 2010, 

19 in the total amount of $4,600,000. 


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1 SEC. 2914. CONSTRUCTION AUTHORIZATION FOR NATIONAL 

2 SECURITY AGENCY FACILITIES IN A FOREIGN 

3 COUNTRY. 

4 Of the amounts authorized to be appropriated by this 

5 subtitle, the Secretary of Defense may use not more than 

6 $46,500,000 to plan, design, and construct facilities in a 

7 foreign country for the National Security Agency. 

8 Subtitle C—Other Matters 

9 SEC. 2921. NOTIFICATION OF OBLIGATION OF FUNDS AND 

10 QUARTERLY REPORTS. 

11 (a) NOTIFICATION OF OBLIGATION OF FUNDS.— 

12 (1) NOTICE AND WAIT REQUIREMENT.—Before 

13 using appropriated funds to carry out a construction 

14 project outside the United States that is authorized by 

15 section 2901, 2902, 2911, or 2912 and has an esti16 mated cost in excess of the amounts authorized for un17 specified minor military construction projects under 

18 section 2805(c) of title 10, United States Code, the 

19 Secretary of Defense shall submit to the congressional 

20 defense committees a notice regarding the construction 

21 project. The project may be carried out only after the 

22 end of the 10-day period beginning on the date the 

23 notice is received by the committees or, if earlier, the 

24 end of the 7-day period beginning on the date on 

25 which a copy of the notification is provided in an 


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1 electronic medium pursuant to section 480 of title 10, 

2 United States Code. 

3 (2) CONTENTS OF NOTICE.—The notice for a con4 struction project covered by subsection (a) shall in5 clude the following: 

6 (A) Certification that the construction— 

7 (i) is necessary to meet urgent military 

8 operational requirements of a temporary 

9 nature involving the use of the Armed 

10 Forces; 

11 (ii) is carried out in support of a non12 enduring mission; and 

13 (iii) is the minimum construction nec14 essary to meet temporary operational re15 quirements. 

16 (B) A description of the purpose for which 

17 appropriated funds are being obligated. 

18 (C) All relevant documentation detailing the 

19 construction project. 

20 (D) An estimate of the total amount obli21 gated for the construction. 

22 (b) QUARTERLY REPORTS.— 

23 (1) REPORT REQUIRED.—Not later than 45 days 

24 after the end of each fiscal-year quarter during which 

25 appropriated funds are obligated or expended to carry 


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1 out construction projects outside the United States 

2 that are authorized by section 2901, 2902, 2911, or 

3 2912, the Secretary of Defense shall submit to the con4 gressional defense committees a report on the world5 wide obligation and expenditure during that quarter 

6 of appropriated funds for such construction projects. 

7 (2) PROJECT AUTHORITY CONTINGENT ON SUB8 MISSION OF REPORTS.—The ability to use section 

9 2901, 2902, 2911, or 2912 as authority during a fis10 cal year to obligate appropriated funds available to 

11 carry out construction projects outside the United 

12 States shall commence for that fiscal year only after 

13 the date on which the Secretary of Defense submits to 

14 the congressional defense committees all of the quar15 terly reports (if any) that were required under para16 graph (1) for the preceding fiscal year. 

17 (c) LIMITATION ON TRANSFER AUTHORITY.—If the 

18 Secretary of the Army or the Secretary of the Air Force 

19 determines that amounts appropriated pursuant to the au20 thorization of appropriation in section 2901, 2902, 2911, 

21 or 2912 are required for any construction project that will 

22 cause obligations to exceed any of the category amounts 

23 specified in this title or for a construction project that is 

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1 tify the congressional defense committees of this determina2 tion at least 14 days before obligating funds for the project. 

3 DIVISION C—DEPARTMENT OF 

4 ENERGY NATIONAL SECURITY 

5 AUTHORIZATIONS AND 

6 OTHER AUTHORIZATIONS 

7 TITLE XXXI—DEPARTMENT OF 

8 ENERGY NATIONAL SECURITY 

9 PROGRAMS 

10 Subtitle A—National Security 

11 Programs Authorizations 

12 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA13 TION. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

15 hereby authorized to be appropriated to the Department of 

16 Energy for fiscal year 2011 for the activities of the National 

17 Nuclear Security Administration in carrying out programs 

18 necessary for national security in the amount of 

19 $11,214,755,000, to be allocated as follows: 

20 (1) For weapons activities, $7,008,835,000. 

21 (2) For defense nuclear nonproliferation activi22 ties, $2,687,167,000. 

23 (3) For naval reactors, $1,070,486,000. 

24 (4) For the Office of the Administrator for Nu25 clear Security, $448,267,000. 


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1 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

2 From funds referred to in subsection (a) that are available 

3 for carrying out plant projects, the Secretary of Energy 

4 may carry out new plant projects for the National Nuclear 

5 Security Administration as follows: 

6 (1) Project 11-D-801, reinvestment project phase 

7 2, Los Alamos National Laboratory, Los Alamos, New 

8 Mexico, $23,300,000. 

9 (2) Project 11-D-601, sanitary effluent reclama10 tion facility expansion, Los Alamos National Labora11 tory, Los Alamos, New Mexico, $15,000,000. 

12 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

13 Funds are hereby authorized to be appropriated to the 

14 Department of Energy for fiscal year 2011 for defense envi15 ronmental cleanup activities in carrying out programs nec16 essary for national security in the amount of 

17 $5,588,039,000. 

18 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

19 Funds are hereby authorized to be appropriated to the 

20 Department of Energy for fiscal year 2011 for other defense 

21 activities in carrying out programs necessary for national 

22 security in the amount of $878,209,000. 

23 SEC. 3104. ENERGY SECURITY AND ASSURANCE. 

24 Funds are hereby authorized to be appropriated to the 

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1 rity and assurance programs necessary for national secu2 rity in the amount of $6,188,000. 

3 Subtitle B—Program Authoriza4 tions, Restrictions, and Limita5 tions 

6 SEC. 3111. EXTENSION OF AUTHORITY RELATING TO THE 

7 INTERNATIONAL MATERIALS PROTECTION, 

8 CONTROL, AND ACCOUNTING PROGRAM OF 

9 THE DEPARTMENT OF ENERGY. 

10 Section 3156(b)(1) of the Bob Stump National Defense 

11 Authorization Act for Fiscal Year 2003 (Public Law 107- 

12 314; 116 Stat. 2739; 50 U.S.C. 2343(b)(1)) is amended by 

13 striking ‘‘January 1, 2013’’ and inserting ‘‘January 1, 

14 2018’’. 

15 SEC. 3112. ENERGY PARKS INITIATIVE. 

16 (a) IN GENERAL.—Subtitle B of title XLVIII of the 

17 Atomic Energy Defense Act (division D of Public Law 107– 

18 314; 50 U.S.C. 2501 et seq.) is amended by adding at the 

19 end the following: 

20 ‘‘SEC. 4815. ENERGY PARKS INITIATIVE. 

21 ‘‘(a) IN GENERAL.—The Secretary of Energy may fa22 cilitate the development of energy parks described in sub23 section (b) on defense nuclear facility reuse property 

24 through the use of collaborative partnerships with State and 


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1 local governments, the private sector, and community reuse 

2 organizations approved by the Secretary. 

3 ‘‘(b) ENERGY PARKS.—An energy park described in 

4 this subsection is a facility (or group of facilities) developed 

5 for the purpose of— 

6 ‘‘(1) promoting energy security, environmental 

7 sustainability, economic competitiveness, and energy 

8 sector jobs; and 

9 ‘‘(2) encouraging pilot programs, demonstration 

10 projects, or commercial projects, at or near such facil11 ity, with respect to energy generation, energy effi12 ciency, and advanced manufacturing technologies that 

13 will contribute to a stabilization of atmospheric 

14 greenhouse gas concentrations through the reduction, 

15 avoidance, or sequestration of energy-related emis16 sions. 

17 ‘‘(c) INFRASTRUCTURE.—In facilitating the develop18 ment of an energy park under this section, the Secretary 

19 shall— 

20 ‘‘(1) use existing infrastructure, facilities, 

21 workforces, and other assets in the vicinity of the en22 ergy park; and 

23 ‘‘(2) ensure that such energy park does not inter24 fere with the Secretary’s other responsibilities at any 

25 defense nuclear facility. 


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1 ‘‘(d) REPORT.—Not later than December 31, 2011, the 

2 Secretary shall submit to the Committee on Armed Services 

3 and the Committee on Energy and Commerce of the House 

4 of Representatives and the Committee on Armed Services 

5 and the Committee on Energy and Natural Resources of 

6 the Senate a report on steps taken to facilitate the develop7 ment of energy parks under this section. 

8 ‘‘(e) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘defense nuclear facility’ has the 

10 meaning given the term ‘Department of Energy de11 fense nuclear facility’ in section 318 of the Atomic 

12 Energy Act of 1954 (42 U.S.C. 2286g). 

13 ‘‘(2) The term ‘defense nuclear facility reuse 

14 property’ means property that— 

15 ‘‘(A) is located at a defense nuclear facility; 

16 and 

17 ‘‘(B) the Secretary of Energy determines— 

18 ‘‘(i) has been adequately remediated by 

19 the Secretary or was not in need of remedi20 ation; and 

21 ‘‘(ii) is ready for use as an energy 

22 park.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents in 

24 section 4001(b) of such Act (division D of Public Law 107– 


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1 314) is amended by inserting after the item relating to sec2 tion 4814 the following new item: 

‘‘Sec. 4815. Energy parks initiative.’’. 

3 SEC. 3113. ESTABLISHMENT OF TECHNOLOGY TRANSFER 

4 CENTERS. 

5 (a) TECHNOLOGY TRANSFER CENTERS.— 

6 (1) IN GENERAL.—Section 4813 of the Atomic 

7 Energy Defense Act (division D of Public Law 107– 

8 314; 50 U.S.C. 2794) is amended— 

9 (A) by redesignating subsection (b) as sub10 section (c); and 

11 (B) by inserting after subsection (a) the fol12 lowing new subsection (b): 

13 ‘‘(b) TECHNOLOGY TRANSFER CENTERS.—(1) Subject 

14 to the availability of appropriations provided for such pur15 pose, the Administrator shall establish a technology transfer 

16 center described in paragraph (2) at each national security 

17 laboratory. 

18 ‘‘(2) A technology transfer center described in this 

19 paragraph is a center to foster collaborative scientific re20 search, technology development, and the appropriate trans21 fer of research and technology to users in addition to the 

22 national security laboratories. 

23 ‘‘(3) In establishing a technology transfer center under 

24 this subsection, the Administrator— 


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1 ‘‘(A) shall enter into cooperative research and de2 velopment agreements with governmental, public, aca3 demic, or private entities; and 

4 ‘‘(B) may enter into a contract with respect to 

5 constructing, purchasing, managing, or leasing build6 ings or other facilities.’’. 

7 (2) DEFINITION.—Subsection (c) of such section, 

8 as redesignated by paragraph (1)(A), is amended by 

9 adding at the end the following new paragraph: 

10 ‘‘(5) The term ‘national security laboratory’ has 

11 the meaning given that term in section 3281 of the 

12 National Nuclear Security Administration Act (50 

13 U.S.C. 2471).’’. 

14 (3) SECTION HEADING.—The heading of such sec15 tion is amended by inserting ‘‘AND TECHNOLOGY

16 TRANSFER CENTERS’’ after ‘‘PARTNERSHIPS’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents in 

18 section 4001(b) of such Act (division D of Public Law 107– 

19 314) is amended by striking the item relating to section 

20 4813 and inserting the following new item: 

‘‘Sec. 4813. Critical technology partnerships and technology transfer centers.’’. 

21 SEC. 3114. AIRCRAFT PROCUREMENT. 

22 Of the amounts authorized to be appropriated under 

23 section 3101(a)(1) for fiscal year 2011 for weapons activi24 ties, the Secretary of Energy may procure not more than 

25 two aircraft. 


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1 Subtitle C—Reports 

2 SEC. 3121. COMPTROLLER GENERAL REPORT ON NNSA BI3 ENNIAL COMPLEX MODERNIZATION STRAT4 EGY. 

5 Section 3255 of the National Nuclear Security Admin6 istration Act (50 U.S.C. 2455) is amended— 

7 (1) by redesignating subsection (d) as subsection 

8 (e); and 

9 (2) by inserting after subsection (c) the following 

10 new subsection (d): 

11 ‘‘(d) GAO STUDY AND REPORTS.—(1) For each plan 

12 and assessment submitted under subsection (a), the Comp13 troller General of the United States shall conduct a study 

14 that includes the following: 

15 ‘‘(A) An analysis of the plan under subsection 

16 (a)(1). 

17 ‘‘(B) An analysis of the assessment under sub18 section (a)(2). 

19 ‘‘(C) Whether both the budget for the fiscal year 

20 in which the plan and assessment are submitted and 

21 the future-years nuclear security program submitted 

22 to Congress in relation to such budget under section 

23 3253 provide for funding of the nuclear security com24 plex at a level that is sufficient for the modernization 


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1 and refurbishment of the nuclear security complex in 

2 accordance with the plan. 

3 ‘‘(D) An analysis of any assessment submitted 

4 by the Administrator under subsection (c). 

5 ‘‘(E) With respect to the facilities infrastructure 

6 recapitalization program— 

7 ‘‘(i) whether such program achieved its mis8 sion of addressing deferred and backlogged main9 tenance; 

10 ‘‘(ii) to what extent deferred and backlogged 

11 maintenance remains unaddressed; 

12 ‘‘(iii) whether the expiration of such pro13 gram’s authorities has weakened or strengthened 

14 plans under subsection (a); and 

15 ‘‘(iv) whether the reauthorization of such 

16 program would further the goal of modernizing 

17 and refurbishing the nuclear security complex. 

18 ‘‘(2) Not later than 180 days after the date on which 

19 the Administrator submits the plan and assessment under 

20 subsection (a), the Comptroller General shall submit to the 

21 congressional defense committees a report on the study 

22 under paragraph (1), including— 

23 ‘‘(A) the findings of the study under paragraph 

24 (1); 


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1 ‘‘(B) whether the plan and assessment submitted 

2 under subsection (a) support each element under sub3 section (b); and 

4 ‘‘(C) the role of the United States Strategic Com5 mand in making an assessment under subsection (c). 

6 ‘‘(3) Not later than 90 days after the date on which 

7 a budget is submitted to Congress during an even-numbered 

8 fiscal year, the Comptroller General shall submit to the con9 gressional defense committees an update to the previous 

10 study under paragraph (1) taking into account the nuclear 

11 security budget materials included with such budget.’’. 

12 SEC. 3122. REPORT ON GRADED SECURITY PROTECTION 

13 POLICY. 

14 (a) REPORT.—Not later than February 1, 2011, the 

15 Secretary of Energy shall submit to the congressional de16 fense committees a report on the implementation of the 

17 graded security protection policy of the Department of En18 ergy. 

19 (b) MATTERS INCLUDED.—The report under subsection 

20 (a) shall include the following: 

21 (1) A comprehensive plan and schedule (includ22 ing any benchmarks, milestones, or other deadlines) 

23 for implementing the graded security protection pol24 icy. 


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1 (2) An explanation of the current status of the 

2 graded security protection policy for each site with re3 spect to the comprehensive plan under paragraph (1). 

4 (3) An explanation of the Secretary’s objective 

5 end-state for implementation of the graded security 

6 protection policy (such end-state shall include sup7 porting justification and rationale to ensure that ro8 bust and adaptive security measures meet the graded 

9 security protection policy requirements). 

10 (4) Identification of each site that has received 

11 an exception or waiver to the graded security protec12 tion policy, including the justification for each such 

13 exception or waiver. 

14 (5) A schedule for ‘‘force-on-force’’ exercises that 

15 the Secretary considers necessary to maintain oper16 ational readiness. 

17 (6) A description of a program that will provide 

18 proper training and equipping of personnel to a cer19 tifiable standard. 

20 (c) FORM.—The report required by subsection (a) shall 

21 be submitted in unclassified form, but may include a classi22 fied annex. 


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1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY 

3 BOARD 

4 SEC. 3201. AUTHORIZATION. 

5 There are authorized to be appropriated for fiscal year 

6 2011, $28,640,000 for the operation of the Defense Nuclear 

7 Facilities Safety Board under chapter 21 of the Atomic En8 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 

9 TITLE XXXIV—NAVAL 

10 PETROLEUM RESERVES 

11 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AMOUNT.—There are hereby authorized to be ap13 propriated to the Secretary of Energy $23,614,000 for fiscal 

14 year 2011 for the purpose of carrying out activities under 

15 chapter 641 of title 10, United States Code, relating to the 

16 naval petroleum reserves. 

17 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

18 pursuant to the authorization of appropriations in sub19 section (a) shall remain available until expended. 


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1 TITLE XXXV—MARITIME 

2 ADMINISTRATION 

3 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NA4 TIONAL SECURITY ASPECTS OF THE MER5 CHANT MARINE FOR FISCAL YEAR 2011. 

6 Funds are hereby authorized to be appropriated for fis7 cal year 2011, to be available without fiscal year limitation 

8 if so provided in appropriations Acts, for the use of the De9 partment of Transportation for Maritime Administration 

10 programs associated with maintaining national security 

11 aspects of the merchant marine, as follows: 

12 (1) For expenses necessary for operations of the 

13 United States Merchant Marine Academy, 

14 $100,020,000, of which— 

15 (A) $63,120,000 shall remain available 

16 until expended for Academy operations; 

17 (B) $6,000,000 shall remain available until 

18 expended for refunds to Academy midshipmen 

19 for improperly charged fees; and 

20 (C) $30,900,000 shall remain available 

21 until expended for capital improvements at the 

22 Academy. 

23 (2) For expenses necessary to support the State 

24 maritime academies, $15,007,000, of which— 


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1 (A) $2,000,000 shall remain available until 

2 expended for student incentive payments; 

3 (B) $2,000,000 shall remain available until 

4 expended for direct payments to such academies; 

5 and 

6 (C) $11,007,000 shall remain available 

7 until expended for maintenance and repair of 

8 State maritime academy training vessels. 

9 (3) For expenses necessary to dispose of vessels in 

10 the National Defense Reserve Fleet, $10,000,000. 

11 (4) For expenses to maintain and preserve a 

12 United States-flag merchant marine to serve the na13 tional security needs of the United States under chap14 ter 531 of title 46, United States Code, $174,000,000. 

15 (5) For the cost (as defined in section 502(5) of 

16 the Federal Credit Reform Act of 1990 (2 U.S.C. 

17 661a(5)) of loan guarantees under the program au18 thorized by chapter 537 of title 46, United States 

19 Code, $60,000,000, of which $3,688,000 shall remain 

20 available until expended for administrative expenses 

21 of the program. 

22 SEC. 3502. EXTENSION OF MARITIME SECURITY FLEET PRO23 GRAM. 

24 Chapter 531 of title 46, United States Code, is amend25 ed— 


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1 (1) in section 53104(a), by striking ‘‘2015’’ and 

2 inserting ‘‘2025’’; 

3 (2) in section 53106(a)(1)(C), by striking ‘‘for 

4 each fiscal years 2012, 2013, 2014, and 2015’’ and 

5 inserting ‘‘for each of fiscal years 2012 though 2025’’; 

6 and 

7 (3) in section 53111(3), by striking ‘‘2015’’ and 

8 inserting ‘‘2025’’. 

9 SEC. 3503. UNITED STATES MERCHANT MARINE ACADEMY 

10 NOMINATIONS OF RESIDENTS OF THE 

11 NORTHERN MARIANA ISLANDS. 

12 Section 51302(b) of title 46, United States Code, is 

13 amended— 

14 (1) in paragraph (3), by inserting ‘‘the Northern 

15 Mariana Islands,’’ after ‘‘Guam,’’; and 

16 (2) by striking paragraph (5) and redesignating 

17 paragraph (6) as paragraph (5). 

18 SEC. 3504. ADMINISTRATIVE EXPENSES FOR PORT OF GUAM 

19 IMPROVEMENT ENTERPRISE PROGRAM. 

20 Section 3512(c)(4) of the Duncan Hunter National De21 fense Authorization Act for Fiscal Year 2009 (48 U.S.C. 

22 1421r(c)(4)) is amended— 

23 (1) by inserting ‘‘, and of other amounts appro24 priated or otherwise made available to the Maritime 

25 Administration for the purposes of the Program for 


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1 fiscal year 2011 or thereafter,’’ after ‘‘for a fiscal 

2 year’’; and 

3 (2) by inserting ‘‘under this section’’ before the 

4 period at the end. 

5 SEC. 3505. VESSEL LOAN GUARANTEES: PROCEDURES FOR 

6 TRADITIONAL AND NONTRADITIONAL APPLI7 CATIONS. 

8 (a) DEFINITIONS.—Section 53701 of title 46, United 

9 States Code, is amended— 

10 (1) by redesignating paragraph (14) as para11 graph (16); 

12 (2) by redesignating paragraphs (10) through 

13 (13) as paragraphs (11) through (14), respectively; 

14 (3) by inserting after paragraph (8) the fol15 lowing new paragraph: 

16 ‘‘(9) NONTRADITIONAL APPLICATION.—The term 

17 ‘nontraditional application’ means an application for 

18 a loan, guarantee, or commitment to guarantee under 

19 this chapter, that is not a traditional application, as 

20 determined by the Administrator.’’; and 

21 (4) by inserting after paragraph (14), as so re22 designated, the following new paragraph: 

23 ‘‘(15) TRADITIONAL APPLICATION.—The term 

24 ‘traditional application’ means an application for a 

25 loan, guarantee, or commitment to guarantee under 


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1 this chapter that involves a market, technology, and 

2 financial structure of a type that has proven success3 ful in previous applications and does not present an 

4 unreasonable risk to the United States, as determined 

5 by the Administrator.’’. 

6 (b) DEADLINE FOR DECISION ON APPLICATION; EX7 TENSION.—Section 53703(a) of title 46, United States Code, 

8 is amended— 

9 (1) by amending paragraph (1) to read as fol10 lows: 

11 ‘‘(1) IN GENERAL.—The Secretary or Adminis12 trator shall approve or deny an application for a 

13 loan guarantee under this chapter— 

14 ‘‘(A) in the case of a traditional applica15 tion, before the end of the 90-day period begin16 ning on the date on which the signed application 

17 is received by the Secretary or Administrator; 

18 and 

19 ‘‘(B) in the case of a nontraditional appli20 cation, before the end of the 120-day period be21 ginning on such date of receipt.’’; and 

22 (2) in paragraph (2), by striking ‘‘the 270-day 

23 period in paragraph (1) to a date not later than 2 

24 years’’ and inserting ‘‘the applicable period under 

25 paragraph (1) to a date that is not later than 1 year 


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1 after the date on which the signed application was re2 ceived by the Secretary or Administrator’’. 

3 (c) INDEPENDENT ANALYSIS.—Section 53708(d) of 

4 title 46, United States Code, is amended by striking ‘‘an 

5 application’’ and inserting ‘‘a nontraditional application’’. 

6 (d) APPLICATION.—The amendments made by this sec7 tion shall apply only to applications submitted after the 

8 date of enactment of this Act. 

Amend the title so as to read: ‘‘A bill to authorize 

appropriations for fiscal year 2011 for military activities 

of the Department of Defense, for military construction, 

and for defense activities of the Department of Energy, 

to prescribe military personnel strengths for such fiscal 

year, and for other purposes.’’. 


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Union Calendar No. 279 

111TH CONGRESS 

2D SESSION H. R. 5136 

[Report No. 111–491] 

A BILL 

To authorize appropriations for fiscal year 2011 for 

fiscal year, and for other purposes. to prescribe military personnel strengths for such military activities of the Department of Defense, 

MAY 21, 2010 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 01:19 May 22, 2010 Jkt 089200 PO 00000 Frm 00692 Fmt 6651 Sfmt 6651 E:\BILLS\H5136.RH H5136

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