II 

111TH CONGRESS 

2D SESSION S. 3280 

To authorize appropriations for fiscal year 2011 for military activities of 

the Department of Defense and for military construction, to prescribe 

military personnel strengths for such fiscal year, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 29, 2010 

Mr. LEVIN (by request) introduced the following bill; which was read twice 

and referred to the Committee on Armed Services 

A BILL 

To authorize appropriations for fiscal year 2011 for military 

activities of the Department of Defense and for military 

construction, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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


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

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into two divi4 sions as follows: 

5 (1) DIVISION A.—Department of Defense Au6 thorizations. 

7 (2) DIVISION B.—Military Construction Author8 izations. 

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

10 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. Joint Improvised Explosive Device Defeat Fund. 

Sec. 106. Defense Production Act Purchases. 

Sec. 107. Multiyear procurement authority for MH–60R/S mission avionics and 

common cockpits Navy aircraft program. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 201. Authorization of appropriations. 

Sec. 202. Repeal of prohibiton of certain contracts by Missile Defense Agency 

with foreign entities. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Environmental Provisions 

Sec. 311. Payment to Environmental Protection Agency of stipulated penalties 

in connection with Naval Air Station, Brunswick, Maine. 

Sec. 312. Improved Sikes Act coverage of State-owned facilities used for the 

national defense. 

Subtitle C—Workplace and Depot Issues 


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Sec. 321. Public-private partnerships between Army industrial facilities and private entities. 

Subtitle D—Other Matters 

Sec. 331. Refined Petroleum Products, Marginal Expense Transfer Account. 

Sec. 332. Four-year extension of authority to provide logistics support and 

services for weapons systems contractors. 

Sec. 333. Permanent authority for reimbursement of expenses for certain Navy 

mess operations. 

Sec. 334. Revision to authorities relating to transportation of civilian passengers and commercial cargoes by Department of Defense 

when space unavailable on commercial lines. 

Sec. 335. Proceeds from Army post laundry facilities. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision to permanent end strength levels for the Navy and Air 

Force. 

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. 

Sec. 416. Navy Reserve flag officer allocation; removal of statutory distribution 

limits. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Officer Personnel Policy 

Sec. 501. Promotion list removal actions. 

Sec. 502. Technical revisions to definition of ‘‘joint matters’’ for purposes of 

joint officer management. 

Sec. 503. Eligibility of officers to serve on boards of inquiry for separation of 

regular officers for substandard performance and other reasons. 

Sec. 504. Temporary authority to reduce minimum length of commissioned 

service required for voluntary retirement as an officer. 

Sec. 505. Continuation of warrant officers on active duty to complete disciplinary action. 

Sec. 506. Authority to designate certain inactive Reserve officers as not to be 

considered for selection for promotion. 

Sec. 507. Nondisclosure of information from discussions, deliberations, notes 

and records of special selection boards. 

Sec. 508. Changes to process involving promotion boards for joint qualified officers and officers with Joint Staff experience. 


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Sec. 509. Authority for appointment of warrant officers in the grade of W–1 

by commission and standardization of warrant officer appointing authority. 

Subtitle B—General Service Authorities 

Sec. 511. Authority for assignment of Air Force Reserve military technicians 

(dual status) to positions outside Air Force Reserve unit program. 

Sec. 512. Authority for service commitment for Reservists who accept fellowships, scholarships, or grants to be performed in the Selected 

Reserve. 

Sec. 513. Active duty obligation for graduates of the military academies participating in the Health Professions Scholarship Program. 

Sec. 514. Authority for direct appointment of graduates of the United States 

Merchant Marine Academy into the National Guard. 

Sec. 515. Wear of military uniform by military technicians (dual status) while 

performing duties as a military technician (dual status). 

Sec. 516. Authority for temporary employment of non-dual status military technicians. 

Subtitle C—Education and Training 

Sec. 521. Repayment of education loan repayment benefits. 

Sec. 522. Participation of health professions scholarship recipients in active 

duty health profession loan repayment program. 

Sec. 523. Adjust Solomon Amendment Federal Register reporting. 

Sec. 524. Increase in number of private sector civilians authorized for admission to National Defense University. 

Sec. 525. Authority for permanent professors at the United States Air Force 

Academy to hold command positions while on periods of sabbatical. 

Sec. 526. Modification of Junior Reserve Officers’ Training Corps minimum 

unit strength. 

Sec. 527. Increase maximum age for prospective Reserve Officer Training 

Corps scholarship recipients. 

Sec. 528. Payment for supplemental educational assistance under Post-9/11 

Educational Assistance Program from Department of Defense 

education benefits fund. 

Subtitle D—Military Justice and Legal Matters 

Sec. 531. Enhanced authority to punish contempt in military justice proceedings. 

Sec. 532. Authority to compel production of documentary evidence prior to trial 

in military justice cases. 

Subtitle E—Decorations and Awards 

Sec. 541. Authority for award of Bronze Star medal to members of military 

forces of friendly foreign nations. 

Subtitle F—Other Matters 

Sec. 551. Additional member of Department of Defense Military Family Readiness Council. 


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Sec. 552. Repeal automatic enrollment in Family Servicemembers’ Group Life 

Insurance for military members married to other military members. 

Sec. 553. Revised structure and functions of the Reserve Forces Policy Board. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Repeal of mandatory high-deployment allowance. 

Sec. 602. Basic Allowance for Housing for two-member couples when one is on 

sea duty. 

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 

certain 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 payment of other title 

37 bonuses and special pay. 

Sec. 615. One-year extension of authorities relating to payment of referral bonuses. 

Sec. 616. Ineligiblity of certain Federal Government employees for income replacement payments. 

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Authorized travel and transportation for designated person attendance at Yellow Ribbon Reintegration events. 

Subtitle D—Retired Pay, Former Spouse, and Survivor Matters 

Sec. 631. Expansion of eligibility for concurrent receipt of retired pay and disability compensation. 

Sec. 632. Authorization to submit application for direct payment. 

Sec. 633. Survivor Benefit Plan: extension of period for election deemed to have 

been made. 

Sec. 634. Prohibit court-ordered payments before retirement based on imputation of retired pay. 

Sec. 635. Authority for multiple beneficiary designations under Survivor Benefit Plan. 

Sec. 636. Authority for designation of responsibility for payment of premiums 

for coverage under Survivor Benefit Plan. 

Sec. 637. Establishment of presumptive proportionate share for former spouse 

survivor annuity under Survivor Benefit Plan. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Health Care Administration 

Sec. 701. Clarification of licensure requirements applicable to military healthcare professionals who are members of the National Guard performing duty while in title 32 status. 

Sec. 702. Health professions financial assistance program for civilians. 


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Sec. 703. Age for health care professional appointments and mandatory retirements. 

Sec. 704. Reimbursement for costs of health care provided to ineligible individuals who are dependents or former dependents. 

Sec. 705. Clarification of authority for transfer of medical records from the Department of Defense to the Department of Veterans Affairs. 

Subtitle B—Other Matters 

Sec. 711. Updated terminology for the Medical Service Corps. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

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

Limitation 

Sec. 801. Repeal of Small Business Competitiveness Demonstration Program. 

Sec. 802. Permanent authority for Defense Acquisition Challenge Program. 

Sec. 803. Increase in amount of discretionary technical assistance authorized 

under Small Business Innovation Research Program. 

Sec. 804. Limited authority under Small Business Innovation Research and 

Small Business Technology Transfer programs to use program 

funds for administrative and program management costs. 

Sec. 805. Revision and four-year extension of test program for negotiation of 

comprehensive small business subcontracting plans. 

Sec. 806. Inclusion of major subprograms to major defense acquisition programs under various acquisition-related requirements. 

Subtitle B—Other Matters 

Sec. 811. Five-year extension of Department of Defense Mentor-Prote ́ge ́ Program. 

Sec. 812. Authority for working-capital funded Army industrial facilities and 

arsenals to sell articles and services outside the Department of 

Defense. 

Sec. 813. Clarification of requirements for hand or measuring tools. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Sec. 901. 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. 902. Repeal of personnel limitations applicable to certain defense-wide organizations and revisions to limitation applicable to Office of 

the Secretary of Defense. 

Sec. 903. 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. 904. Increase in authorized number of Defense Intelligence Senior Executive Service positions. 

Sec. 905. Revisions to policy on development and procurement of unmanned 

systems. 

Sec. 906. Improvements to structure and functioning of Joint Requirements 

Oversight Council. 


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Sec. 907. Consolidation and reorganization of statutory authority for destruction of United States stockpile of lethal chemical agents and 

munitions. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Authority for payment of full replacement value for loss or damage 

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

Sec. 1002. Advance notice to Congress of transfer of funds from a working-capital fund. 

Sec. 1003. Repeal of requirement for annual joint report from Office of Management and Budget and Congressional Budget Office on scoring of outlays in defense budget function. 

Sec. 1004. Authority to establish Readiness Reserve Subaccount in the Transportation Working-Capital Fund. 

Sec. 1005. Repeal of requirement for separate budget request for procurement 

of equipment for reserve components of the Armed Forces. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Increase in tonnage criterion for application of limitation on disposal 

of naval vessels to foreign nations. 

Sec. 1012. Revisions to authority regarding sales of vessels stricken from the 

Naval Register. 

Subtitle C—Other Matters 

Sec. 1031. Conforming and updating amendments to title 10, United States 

Code. 

Sec. 1032. Technical and clerical amendments to correct obsolete cross-reference. 

Sec. 1033. Revision to report requirement relating to support of military museums. 

Sec. 1034. Authority to make excess nonlethal supplies available for domestic 

emergency assistance. 

Sec. 1035. Sale of surplus military equipment to State and local homeland security and emergency management agencies. 

Sec. 1036. Enhanced authority for servicemembers and Department of defense 

civilian employees and their family members to accept gifts 

from non-federal entities. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1102. Mileage reimbursement for privately owned vehicles. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Sec. 1201. Additional nations to which cataloging data and services may be 

provided under Arms Export Control Act on no-cost, reciprocal 

basis. 

Sec. 1202. Authorization of appropriations for Afghanistan Security Forces 

Fund. 


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TITLE XIII—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1301. Working capital funds. 

Sec. 1302. National Defense Sealift Fund. 

Sec. 1303. Defense Coalition Acquisition Fund. 

Sec. 1304. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1305. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1306. Defense Inspector General. 

Sec. 1307. Defense Health Program. 

Subtitle B—Armed Forces Retirement Home 

Sec. 1321. Authorization of appropriations for Armed Forces Retirement 

Home. 

TITLE XIV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS FOR FISCAL YEAR 

2011 

Sec. 1401. Purpose. 

Sec. 1402. Army procurement. 

Sec. 1403. Joint Improvised Explosive Defeat Fund. 

Sec. 1404. Navy and Marine Corps procurement. 

Sec. 1405. Air Force procurement. 

Sec. 1406. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1407. Defense-wide activities procurement. 

Sec. 1408. Research, development, test, and evaluation. 

Sec. 1409. Operation and maintenance. 

Sec. 1410. Military personnel. 

Sec. 1411. Working capital funds. 

Sec. 1412. Defense Health Program. 

Sec. 1413. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1414. Defense Inspector General. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

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

by law. 

TITLE XXI—ARMY 

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

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Extension of authorizations of certain fiscal year 2008 projects. 

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

project. 

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

project. 

TITLE XXII—NAVY 

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

Sec. 2202. Family housing. 


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Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Extension of authorization of certain fiscal year 2008 project. 

Sec. 2206. Technical amendment to carry out certain fiscal year 2010 project. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

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

TITLE XXIV—DEFENSE AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, Chemical-Demilitarization construction, Defense-wide. 

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

project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

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

projects. 

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

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

and land acquisition projects. 

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

projects. 

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

projects. 

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

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

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 

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

Account 1990. 

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

Department of Defense Base Closure Account 2005. 


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

Account 2005. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Sec. 2801. Alternative use of proceeds from the sale of military family housing. 

Sec. 2802. Increase in dollar thresholds for authorities relating to unspecified 

minor construction projects. 

Sec. 2803. Enhanced authority for use of operation and maintenance funds for 

unspecified minor military construction projects in support of 

contingency operations. 

Sec. 2804. Further enhancements to Department of Defense Homeowners Assistance Program. 

1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 SEC. 101. ARMY. 

5 Funds are hereby authorized to be appropriated for 

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

7 (1) For aircraft, $5,976,867,000. 

8 (2) For missiles, $1,887,437,000. 

9 (3) For weapons and tracked combat vehicles, 

10 $1,723,561,000. 

11 (4) For ammunition, $1,979,414,000. 

12 (5) For other procurement, $9,765,808,000. 

13 SEC. 102. NAVY AND MARINE CORPS. 

14 (a) NAVY.—Funds are hereby authorized to be appro15 priated for fiscal year 2011 for procurement for the Navy 

16 as follows: 

17 (1) For aircraft, $18,508,613,000. 

18 (2) For weapons, including missiles and tor19 pedoes, $3,359,794,000. 


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1 (3) For shipbuilding and conversion, 

2 $15,724,520,000. 

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

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

5 be appropriated for fiscal year 2011 for procurement for 

6 the Marine Corps in the amount of $1,344,044,000. 

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

8 are hereby authorized to be appropriated for fiscal year 

9 2011 for procurement of ammunition for the Navy and 

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

11 SEC. 103. AIR FORCE. 

12 Funds are hereby authorized to be appropriated for 

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

15 (1) For aircraft, $15,366,508,000. 

16 (2) For ammunition, $667,420,000. 

17 (3) For missiles, $5,463,272,000. 

18 (4) For other procurement, $17,845,380,000. 

19 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2011 for Defense-wide procurement in the 

22 amount of $4,280,368,000. 


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1 SEC. 105. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

2 FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2011 for the Joint Improvised Explosive Device 

5 Defeat Fund in the amount of $215,868,000. 

6 SEC. 106. DEFENSE PRODUCTION ACT PURCHASES. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2011 for Defense Production Act purchases in 

9 the amount of $28,746,000. 

10 SEC. 107. MULTIYEAR PROCUREMENT AUTHORITY FOR MH– 

11 60R/S MISSION AVIONICS AND COMMON 

12 COCKPITS NAVY AIRCRAFT PROGRAM. 

13 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

14 (1) IN GENERAL.—Subject to section 2306b of 

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

16 Navy may enter into a multiyear contract, beginning 

17 with the fiscal year 2012 program year, for the pro18 curement of MH–60R/S Mission Avionics and Com19 mon Cockpits. 

20 (2) AVAILABILITY OF APPROPRIATIONS.—A 

21 multiyear contract entered into under paragraph (1) 

22 shall provide that any obligation of the United 

23 States to make a payment under the contract is sub24 ject to the availability of appropriations for that pur25 pose. 


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1 (3) SUBMISSION OF WRITTEN CERTIFICATION

2 BY SECRETARY OF DEFENSE.—For purposes of 

3 paragraph (1), the term ‘‘March 1 of the year in 

4 which the Secretary requests legislative authority to 

5 enter into such contract’’ in section 2306b(i)(1) of 

6 such title shall be deemed to be a reference to March 

7 1, 2011. 

8 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

9 Secretary of the Navy may enter into one or more con10 tracts, beginning in fiscal year 2011, for advance procure11 ment of MH–60R/S Mission Avionics and Common Cock12 pits for which authorization to enter into a multiyear pro13 curement contract is granted under subsection (a). 

14 TITLE II—RESEARCH, DEVELOP15 MENT, TEST, AND EVALUA16 TION 

17 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

18 Funds are hereby authorized to be appropriated for 

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

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

21 (1) For the Army, $10,333,392,000. 

22 (2) For the Navy, $17,693,496,000. 

23 (3) For the Air Force, $27,247,302,000. 

24 (4) For Defense-wide activities, 

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

3 SEC. 202. REPEAL OF PROHIBITON OF CERTAIN CON4 TRACTS BY MISSILE DEFENSE AGENCY WITH 

5 FOREIGN ENTITIES. 

6 Section 222 of the National Defense Authorization 

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

8 180; 10 U.S.C. 2431 note) is repealed. 

9 TITLE III—OPERATION AND 

10 MAINTENANCE 

11 Subtitle A—Authorization of 

12 Appropriations 

13 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

14 Funds are hereby authorized to be appropriated for 

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

16 activities and agencies of the Department of Defense for 

17 expenses, not otherwise provided for, for operation and 

18 maintenance in amounts as follows: 

19 (1) For the Army, $33,971,965,000. 

20 (2) For the Navy, $38,134,308,000. 

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

22 (4) For the Air Force, $36,844,512,000. 

23 (5) For Defense-wide activities, 

24 $30,583,896,000. 

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


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

2 (8) For the Marine Corps Reserve, 

3 $285,234,000. 

4 (9) For the Air Force Reserve, $3,301,035,000. 

5 (10) For the Army National Guard, 

6 $6,572,704,000. 

7 (11) For the Air National Guard, 

8 $5,941,143,000. 

9 (12) For the United States Court of Appeals 

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

11 (13) For the Acquisition Workforce Develop12 ment Fund, $217,561,000. 

13 (14) For Environmental Restoration, Army, 

14 $444,581,000. 

15 (15) For Environmental Restoration, Navy, 

16 $304,867,000. 

17 (16) For Environmental Restoration, Air Force, 

18 $502,653,000. 

19 (17) For Environmental Restoration, Defense20 wide, $10,744,000. 

21 (18) For Environmental Restoration, Formerly 

22 Used Defense Sites, $276,546,000. 

23 (19) For Overseas Humanitarian, Disaster, and 

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


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1 (20) For Cooperative Threat Reduction pro2 grams, $522,512,000. 

3 (21) For the Overseas Contingency Operations 

4 Transfer Fund, $5,000,000. 

5 Subtitle B—Environmental 

6 Provisions 

7 SEC. 311. PAYMENT TO ENVIRONMENTAL PROTECTION 

8 AGENCY OF STIPULATED PENALTIES IN CON9 NECTION WITH NAVAL AIR STATION, BRUNS10 WICK, MAINE. 

11 (a) AUTHORITY TO TRANSFER FUNDS.— 

12 (1) TRANSFER AMOUNT.—Using funds de13 scribed in subsection (b) and notwithstanding sec14 tion 2215 of title 10, United States Code, the Sec15 retary of Defense may transfer not more than 

16 $153,000 to the Hazardous Substance Superfund. 

17 (2) PURPOSE OF TRANSFER.—The payment 

18 under paragraph (1) is to satisfy a stipulated pen19 alty assessed by the Environmental Protection Agen20 cy on June 12, 2008, against Naval Air Station, 

21 Brunswick, Maine, for the failure by the Navy to 

22 timely sample certain monitoring wells pursuant to 

23 a schedule included in a Federal Facility Agreement. 

24 (3) FEDERAL FACILITY AGREEMENT.—The 

25 stipulated penalty described in paragraph (2) is proVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 vided for in the Federal Facility Agreement entered 

2 into by the Department of the Navy and the Envi3 ronmental Protection Agency for Naval Air Station, 

4 Brunswick, on October 19, 1990. 

5 (b) SOURCE OF FUNDS.—Any payment under sub6 section (a) shall be made using funds authorized to be ap7 propriated for fiscal year 2011 for the Department of De8 fense Base Closure Account 2005. 

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

10 Agency shall accept the amount transferred under sub11 section (a) as payment of the penalty described under 

12 paragraph (2) of such subsection. 

13 SEC. 312. IMPROVED SIKES ACT COVERAGE OF STATE14 OWNED FACILITIES USED FOR THE NA15 TIONAL DEFENSE. 

16 (a) IMPROVEMENTS TO ACT.—The Sikes Act (16 

17 U.S.C. 670 et seq.), is amended as follows: 

18 (1) DEFINITION OF STATE-OWNED NATIONAL

19 GUARD INSTALLATION.—Section 100 (16 U.S.C. 

20 670) is amended— 

21 (A) by redesignating paragraphs (2) and 

22 (3) as paragraphs (4) and (5), respectively; and 

23 (B) by inserting after paragraph (1) the 

24 following new paragraphs (2) and (3): 


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1 ‘‘(2) STATE.—The term ‘State’ means any of 

2 the several States, the District of Columbia, the 

3 Commonwealth of Puerto Rico, Guam, and the Vir4 gin Islands. 

5 ‘‘(3) STATE-OWNED NATIONAL GUARD INSTAL6 LATION.—The term ‘State-owned National Guard 

7 installation’ means land owned and operated by a 

8 State when such land is used for training the Na9 tional Guard pursuant to chapter 5 of title 32, 

10 United States Code, with funds provided by the Sec11 retary of Defense or the Secretary of a military de12 partment, even though such land is not under the 

13 jurisdiction of the Department of Defense.’’. 

14 (2) FUNDING OF INTEGRATED NATURAL RE15 SOURCES MANAGEMENT PLANS.—Section 101 (16 

16 U.S.C. 670a) is amended— 

17 (A) in subsection (a)(1)(B)— 

18 (i) by inserting ‘‘(i)’’ before ‘‘To facili19 tate’’; and 

20 (ii) by adding at the end the following 

21 new clause: 

22 ‘‘(ii) The Secretary of a military de23 partment may use appropriated funds to 

24 develop and implement an integrated nat25 ural resources management plan for a 


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1 State-owned National Guard installation. 

2 Such a plan shall be developed and imple3 mented in coordination with the chief exec4 utive officer of the State in which the 

5 State-owned National Guard installation is 

6 located. Such a plan shall be deemed, for 

7 purposes of any other provision of law, to 

8 be for lands or other geographical areas 

9 owned or controlled by the Department of 

10 Defense, or designated for its use.’’; 

11 (B) in subsection (a)(2), by inserting ‘‘or 

12 State-owned National Guard installation’’ after 

13 ‘‘military installation’’ both places it appears; 

14 (C) in subsection (a)(3)— 

15 (i) by striking ‘‘and’’ at the end of 

16 subparagraph (B); 

17 (ii) by striking the period at the end 

18 of subparagraph (C) and inserting ‘‘; and’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing new subparagraph: 

22 ‘‘(D) the conservation and rehabilitation of 

23 natural resources on State-owned National 

24 Guard installations and sustainable multipur25 pose use of those installations.’’; 


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1 (D) by redesignating subsections (c) 

2 through (g) as subsections (d) through (h), re3 spectively; and 

4 (E) by inserting after subsection (b) the 

5 following new subsection (c): 

6 ‘‘(c) REQUIRED ELEMENTS OF PLANS FOR STATE7 OWNED NATIONAL GUARD INSTALLATIONS.—Each inte8 grated natural resources management plan for a State9 owned National Guard installation that is prepared under 

10 subsection (a)(1)(B)(ii)— 

11 ‘‘(1) shall, to the extent appropriate and appli12 cable, provide for— 

13 ‘‘(A) fish and wildlife management, land 

14 management, forest management, and fish and 

15 wildlife oriented recreation; 

16 ‘‘(B) fish and wildlife habitat enhancement 

17 or modification; 

18 ‘‘(C) wetland protection, enhancement, and 

19 restoration where necessary for support of fish, 

20 wildlife, or plants; 

21 ‘‘(D) integration of, and consistency 

22 among, the various activities conducted under 

23 the plan; 


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1 ‘‘(E) establishment of specific natural re2 source management goals and objectives and 

3 time frames of proposed action; 

4 ‘‘(F) sustainable use by the public of nat5 ural resources to the extent that the use is not 

6 inconsistent with the needs of fish and wildlife 

7 resources; 

8 ‘‘(G) public access to the State-owned Na9 tional Guard installation that is necessary or 

10 appropriate for the use described in subpara11 graph (F), subject to requirements necessary to 

12 ensure safety and military security; 

13 ‘‘(H) enforcement of applicable natural re14 source laws (including regulations); 

15 ‘‘(I) no net loss in the capability of State16 owned National Guard installation lands to sup17 port the military mission of the installation; and 

18 ‘‘(J) such other activities as the Secretary 

19 of a military department determines appro20 priate; and 

21 ‘‘(2) must be reviewed as to operation and ef22 fect by the parties thereto on a regular basis, but 

23 not less often than every 5 years.’’. 

24 (3) COOPERATIVE AGREEMENTS.—Section 

25 103a(a) (16 U.S.C. 670c–1(a)) is amended— 


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1 (A) in paragraph (1), by striking ‘‘Depart2 ment of Defense installations’’ and inserting 

3 ‘‘military installations and State-owned Na4 tional Guard installations’’; and 

5 (B) in paragraph (2), by striking ‘‘a De6 partment of Defense installation’’ and inserting 

7 ‘‘a military installation or State-owned National 

8 Guard installation’’. 

9 (b) SECTION AND SUBSECTION HEADINGS.—Such 

10 Act is further amended as follows: 

11 (1) Section 101 (16 U.S.C. 670a), as amended 

12 by subsection (a)(2) of this section, is amended— 

13 (A) by inserting at the beginning the fol14 lowing: 

15 ‘‘SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND 

16 REHABILITATION.’’; 

17 (B) by striking ‘‘SEC. 101.’’; 

18 (C) in subsection (d), as redesignated by 

19 subsection (a)(2)(D) of this section, by insert20 ing ‘‘PROHIBITIONS ON SALE AND LEASE OF

21 LANDS UNLESS EFFECTS COMPATIBLE WITH

22 PLAN.—’’ after ‘‘(d)’’; 

23 (D) in subsection (e), as redesignated by 

24 subsection (a)(2)(D) of this section, by insert25 ing ‘‘IMPLEMENTATION AND ENFORCEMENT OF


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1 INTEGRATED NATURAL RESOURCES MANAGE2 MENT PLANS.—’’ after ‘‘(e)’’; and 

3 (E) in subsection (f), as redesignated by 

4 subsection (a)(2)(D) of this section, by insert5 ing ‘‘APPLICABILITY OF OTHER LAWS.—’’ after 

6 ‘‘(f)’’; 

7 (2) Section 102 (16 U.S.C. 670b) is amended— 

8 (A) by inserting at the beginning the fol9 lowing: 

10 ‘‘SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.’’; 

11 (B) by striking ‘‘SEC. 102.’’ and inserting 

12 ‘‘(a) INTEGRATED NATURAL RESOURCES MAN13 AGEMENT PLAN.—’’; and 

14 (C) by striking ‘‘agency:’’ and all that fol15 lows through ‘‘possession’’ and inserting ‘‘agen16 cy. 

17 ‘‘(b) APPLICABILITY OF OTHER LAWS.—Possession’’. 

18 (3) Section 103a (16 U.S.C. 670c–1), as 

19 amended by subsection (a)(3) of this section, is 

20 amended— 

21 (A) by inserting at the beginning the fol22 lowing: 


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1 ‘‘SEC. 103A. COOPERATIVE AND INTERAGENCY AGREE2 MENTS FOR LAND MANAGEMENT ON INSTAL3 LATIONS.’’; 

4 (B) by striking ‘‘SEC. 103a.’’; 

5 (C) in subsection (a), by inserting ‘‘AU6 THORITY OF SECRETARY OF MILITARY DE7 PARTMENT.—’’ after ‘‘(a)’’; and 

8 (D) in subsection (c), by inserting ‘‘AVAIL9 ABILITY OF FUNDS; AGREEMENTS UNDER

10 OTHER LAWS.—’’ after ‘‘(c)’’. 

11 (4) Section 104 (16 U.S.C. 670d) is amended— 

12 (A) by inserting at the beginning the fol13 lowing: 

14 ‘‘SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMP15 TROLLER GENERAL.’’; 

16 and 

17 (B) by striking ‘‘SEC. 104.’’. 

18 (5) Section 105 (16 U.S.C. 670e) is amended— 

19 (A) by inserting at the beginning the fol20 lowing: 

21 ‘‘SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL 

22 FOREST LANDS.’’; 

23 and 

24 (B) by striking ‘‘SEC. 105.’’. 

25 (6) Section 108 (16 U.S.C. 670f) is amended— 


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1 (A) by inserting at the beginning the fol2 lowing: 

3 ‘‘SEC. 108. APPROPRIATIONS AND EXPENDITURES.’’; 

4 (B) by striking ‘‘SEC. 108.’’; 

5 (C) in subsection (a), by inserting ‘‘EX6 PENDITURES EXCLUSIVELY UNDER INTE7 GRATED NATURAL RESOURCES MANAGEMENT

8 PLANS; AVAILABILITY OF FUNDS UNTIL EX9 PENDED.—’’ after ‘‘(a)’’; 

10 (D) in subsection (b), by inserting ‘‘AU11 THORIZATION OF APPROPRIATIONS TO SEC12 RETARY OF DEFENSE.—’’ after ‘‘(b)’’; 

13 (E) in subsection (c), by inserting ‘‘AU14 THORIZATION OF APPROPRIATIONS TO SEC15 RETARY OF THE INTERIOR.—’’ after ‘‘(c)’’; and 

16 (F) in subsection (d), by inserting ‘‘USE

17 OF OTHER CONSERVATION OR REHABILITA18 TION AUTHORITIES.—’’ after ‘‘(d)’’. 

19 (7) Section 201 (16 U.S.C. 670g) is amended— 

20 (A) by inserting at the beginning the fol21 lowing: 


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1 ‘‘SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND 

2 REHABILITATION PROGRAMS; COOPERATION 

3 BETWEEN SECRETARY OF INTERIOR, SEC4 RETARY OF AGRICULTURE, AND STATE AGEN5 CIES IN PLANNING, ETC., IN ACCORDANCE 

6 WITH COMPREHENSIVE PLANS; SCOPE AND 

7 IMPLEMENTATION OF PROGRAMS.’’; 

8 (B) by striking ‘‘SEC. 201.’’; 

9 (C) in subsection (a), by inserting ‘‘CON10 SERVATION AND REHABILITATION PRO11 GRAMS.—’’ after ‘‘(a)’’; and 

12 (D) in subsection (b), by inserting ‘‘IMPLE13 MENTATION OF PROGRAMS.—’’ after ‘‘(b)’’. 

14 (8) Section 202 (16 U.S.C. 670h) is amended— 

15 (A) by inserting at the beginning the fol16 lowing: 

17 ‘‘SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION 

18 AND REHABILITATION PROGRAMS.’’; 

19 (B) by striking ‘‘SEC. 202.’’; 

20 (C) in subsection (a), by inserting ‘‘DE21 VELOPMENT BY SECRETARY OF INTERIOR AND

22 SECRETARY OF AGRICULTURE; CONSULTATION

23 WITH STATE AGENCIES; PRIOR WRITTEN AP24 PROVAL OF CONCERNED FEDERAL AGEN25 CIES.—’’ after ‘‘(a)’’; 


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1 (D) in subsection (b), by inserting ‘‘DE2 VELOPMENT CONSISTENT WITH OVERALL

3 LAND USE AND MANAGEMENT PLANS; HUNT4 ING, TRAPPING, AND FISHING AUTHORIZED IN

5 ACCORDANCE WITH APPLICABLE STATE LAWS

6 AND REGULATIONS.—’’ after ‘‘(b)’’; 

7 (E) in subsection (c), by inserting ‘‘COOP8 ERATIVE AGREEMENTS BY STATE AGENCIES

9 FOR IMPLEMENTATION OF PROGRAMS; MODI10 FICATION; CONTENTS; HUNTING, TRAPPING

11 AND FISHING AUTHORIZED IN ACCORDANCE

12 WITH APPLICABLE STATE LAWS AND REGULA13 TIONS; REGULATIONS.—’’ after ‘‘(c)’’; and 

14 (F) in subsection (d), by inserting ‘‘STATE

15 AGENCY AGREEMENTS NOT COOPERATIVE

16 AGREEMENTS UNDER OTHER PROVISIONS.—’’ 

17 after ‘‘(d)’’. 

18 (9) Section 203 (16 U.S.C. 670i) is amended— 

19 (A) by inserting at the beginning the fol20 lowing: 


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1 ‘‘SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS; 

2 AGREEMENT BETWEEN STATE AGENCIES 

3 AND SECRETARY OF INTERIOR AND SEC4 RETARY OF AGRICULTURE REQUIRING 

5 STAMPS FOR HUNTING, TRAPPING, AND FISH6 ING ON PUBLIC LANDS SUBJECT TO PRO7 GRAMS; CONDITIONS OF AGREEMENT.’’; 

8 and 

9 (B) by striking ‘‘SEC. 203.’’. 

10 (10) Section 204 (16 U.S.C. 670j) is amend11 ed— 

12 (A) by inserting at the beginning the fol13 lowing: 

14 ‘‘SEC. 204. ENFORCEMENT PROVISIONS.’’; 

15 (B) by striking ‘‘SEC. 204.’’; 

16 (C) in subsection (a), by inserting ‘‘VIOLA17 TIONS AND PENALTIES.—’’ after ‘‘(a)’’; 

18 (D) in subsection (b), by inserting ‘‘DES19 IGNATION OF ENFORCEMENT PERSONNEL

20 POWERS; ISSUANCE OF ARREST WARRANTS; 

21 TRIAL AND SENTENCING BY UNITED STATES

22 MAGISTRATE JUDGES.—’’after ‘‘(b)’’; 

23 (E) in subsection (c), by inserting ‘‘SEI24 ZURE AND FORFEITURE OF EQUIPMENT AND

25 VESSELS.—’’ after ‘‘(c)’’; and 


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1 (F) in subsection (d), by inserting ‘‘APPLI2 CABILITY OF CUSTOMS LAWS TO SEIZURES

3 AND FORFEITURES; EXCEPTIONS.—’’ after 

4 ‘‘(d)’’. 

5 (11) Section 205 (16 U.S.C. 670k) is amend6 ed— 

7 (A) by inserting at the beginning the fol8 lowing: 

9 ‘‘SEC. 205. DEFINITIONS.’’; 

10 and 

11 (B) by striking ‘‘SEC. 205.’’. 

12 (12) Section 206 (16 U.S.C. 670l) is amend13 ed— 

14 (A) by inserting at the beginning the fol15 lowing: 

16 ‘‘SEC. 206. APPLICABILITY TO FOREST SERVICE AND BU17 REAU OF LAND MANAGEMENT LANDS OF 

18 PUBLIC LAND MANAGEMENT AREA STAMP 

19 REQUIREMENTS; AUTHORIZED FEES.’’; 

20 and 

21 (B) by striking ‘‘SEC. 206.’’. 

22 (13) Section 207 (16 U.S.C. 670m) is amend23 ed— 

24 (A) by inserting at the beginning the fol25 lowing: 


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1 ‘‘SEC. 207. INDIAN RIGHTS UNAFFECTED; STATE OR FED2 ERAL JURISDICTION REGULATING INDIAN 

3 RIGHTS PRESERVED.’’; 

4 and 

5 (B) by striking ‘‘SEC. 207.’’. 

6 (14) Section 209 (16 U.S.C. 670o) is amend7 ed— 

8 (A) by inserting at the beginning the fol9 lowing: 

10 ‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS.’’; 

11 (B) by striking ‘‘SEC. 209.’’; 

12 (C) in subsection (a), by inserting ‘‘FUNC13 TIONS AND RESPONSIBILITIES OF SECRETARY

14 OF THE INTERIOR.—’’ after ‘‘(a)’’; 

15 (D) in subsection (b), by inserting ‘‘FUNC16 TIONS AND RESPONSIBILITIES OF SECRETARY

17 OF AGRICULTURE.—’’ after ‘‘(b)’’; 

18 (E) in subsection (c), by inserting ‘‘USE

19 OF OTHER CONSERVATION OR REHABILITA20 TION AUTHORITIES.—’’ after ‘‘(c)’’; and 

21 (F) in subsection (d), by inserting ‘‘CON22 TRACT AUTHORITY RESPECTING PROPERTY, 

23 SERVICES OR ASSISTANCE AFFECTING STATE

24 AGENCIES; APPROPRIATIONS REQUIRE25 MENT.—’’ after ‘‘(d)’’. 


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1 (c) CODIFICATION OF CHANGE OF NAME.—Section 

2 204(b) of such Act (16 U.S.C. 670j), as amended by sub3 section (b)(10) of this section, is amended by striking 

4 ‘‘magistrate’’ both places it appears and inserting ‘‘mag5 istrate judge’’. 

6 (d) REPEAL OF OBSOLETE SECTION.—Section 208 

7 of such Act is repealed. 

8 Subtitle C—Workplace and Depot 

9 Issues 

10 SEC. 321. PUBLIC-PRIVATE PARTNERSHIPS BETWEEN ARMY 

11 INDUSTRIAL FACILITIES AND PRIVATE ENTI12 TIES. 

13 (a) EXPANDED AUTHORITY.—Section 4544 of title 

14 10, United States Code, is amended— 

15 (1) in subsection (a), by striking the last sen16 tence; 

17 (2) in subsection (d)— 

18 (A) in paragraph (1), by inserting 

19 ‘‘multiyear’’ after ‘‘fixed-price’’; 

20 (B) by striking paragraph (2); and 

21 (C) by redesignating paragraphs (3), (4), 

22 and (5) as paragraphs (2), (3), and (4), respec23 tively; and 

24 (3) by striking subsection (k). 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the earlier of the effective 

3 date of any regulations prescribed to implement those 

4 amendments or the date that is 90 days after the date 

5 of the enactment of this Act. 

6 Subtitle D—Other Matters 

7 SEC. 331. REFINED PETROLEUM PRODUCTS, MARGINAL EX8 PENSE TRANSFER ACCOUNT. 

9 (a) IN GENERAL.—Chapter 131 of title 10, United 

10 States Code, is amended by inserting after section 2228 

11 the following new section: 

12 ‘‘§ 2228a. Refined petroleum products, marginal ex13 pense transfer account 

14 ‘‘(a) ACCOUNT.—There is established in the Treasury 

15 the ‘Refined Petroleum Products, Marginal Expense 

16 Transfer Account’ (‘Transfer Account’). During any fiscal 

17 year, amounts in the Transfer Account shall be available 

18 without further appropriation to pay the marginal costs 

19 needed to purchase up to the quantity of refined petroleum 

20 products specified in the fiscal year budget request for use 

21 by Department of Defense entities for such year. 

22 ‘‘(b) CALCULATION OF MARGINAL COSTS.—Marginal 

23 costs shall be calculated as the difference between the ac24 tual market prices paid by the Department of Defense for 

25 the refined petroleum products in a fiscal year and the 


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1 prices specified for the purchase of such products in the 

2 President’s budget for that year. 

3 ‘‘(c) TRANSFER OF FUNDS.—(1) During the course 

4 of any fiscal year, amounts sufficient to pay the marginal 

5 costs under subsection (a) shall be transferred from the 

6 Transfer Account to the Defense-Wide Working Capital 

7 Fund. 

8 ‘‘(2) To the extent that the price specified for the 

9 purchase of refined petroleum products in the President’s 

10 budget submission for a fiscal year exceed the actual mar11 ket prices paid by the Department for such products pur12 chased in that year, the difference in price shall be trans13 ferred from the Defense-Wide Working Capital Fund to 

14 the Transfer Fund and such amounts shall be cancelled. 

15 ‘‘(3) The transfer of such additional amount needed, 

16 amounts not needed through August, and an estimate for 

17 September should be transferred before the end of the fis18 cal year, with a final accounting and transfer within 60 

19 days after the end of the fiscal year. 

20 ‘‘(4) The transfer authority provided by this section 

21 is in addition to any other transfer authority available to 

22 the Department of Defense. 

23 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

24 is appropriated to the Transfer Account such sums as may 

25 be necessary to carry out this section.’’. 


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

2 at the beginning of such chapter is amended by inserting 

3 after the item relating to section 2228 the following new 

4 item: 

‘‘2228a. Refined petroleum products, marginal expense transfer account.’’. 

5 SEC. 332. FOUR-YEAR EXTENSION OF AUTHORITY TO PRO6 VIDE LOGISTICS SUPPORT AND SERVICES 

7 FOR WEAPONS SYSTEMS CONTRACTORS. 

8 Section 365(g)(1) of the Bob Stump National De9 fense Authorization Act for Fiscal Year 2003 (Public Law 

10 107–314; 10 U.S.C. 2302 note) is amended by striking 

11 ‘‘September 30, 2010’’ and inserting ‘‘September 30, 

12 2014’’. 

13 SEC. 333. PERMANENT AUTHORITY FOR REIMBURSEMENT 

14 OF EXPENSES FOR CERTAIN NAVY MESS OP15 ERATIONS. 

16 Section 1014 of the Duncan Hunter National De17 fense Authorization Act for Fiscal Year 2009 (Public Law 

18 110–417; 122 Stat. 4585) is amended— 

19 (1) in subsection (a), by inserting ‘‘annually’’ 

20 after ‘‘may be used’’; 

21 (2) by striking subsection (b); 

22 (3) by redesignating subsection (c) as sub23 section (b); and 

24 (4) in subsection (b), as redesignated by para25 graph (3)— 


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1 (A) by striking ‘‘during which the author2 ity to pay for meals under subsection (a) is in 

3 effect’’; and 

4 (B) by striking ‘‘such authority’’ and in5 serting ‘‘the authority to pay for meals under 

6 subsection (a)’’. 

7 SEC. 334. REVISION TO AUTHORITIES RELATING TO TRANS8 PORTATION OF CIVILIAN PASSENGERS AND 

9 COMMERCIAL CARGOES BY DEPARTMENT OF 

10 DEFENSE WHEN SPACE UNAVAILABLE ON 

11 COMMERCIAL LINES. 

12 (a) TRANSPORTATION ON DOD VEHICLES AND AIR13 CRAFT.—Subsection (a) of section 2649 of title 10, United 

14 States Code, is amended— 

15 (1) By inserting ‘‘AUTHORITY.—’’ before 

16 ‘‘Whenever’’; and 

17 (2) by inserting ‘‘, vehicles, or aircraft’’ in the 

18 first sentence after ‘‘vessels’’ both places it appears. 

19 (b) AMOUNTS CHARGED FOR TRANSPORTATION IN

20 EMERGENCY, DISASTER, OR HUMANITARIAN RESPONSE

21 CASES.— 

22 (1) LIMITATION ON AMOUNTS CHARGED.—The 

23 second sentence of subsection (a) of such section is 

24 amended by inserting before the period the fol25 lowing: ‘‘, except that in the case of transportation 


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1 provided in response to an emergency, a disaster, or 

2 a request for humanitarian assistance, any amount 

3 charged for such transportation may not exceed the 

4 cost of providing the transportation’’. 

5 (2) CREDITING OF RECEIPTS.—Subsection (b) 

6 of such section is amended by striking ‘‘Amounts’’ 

7 and inserting ‘‘CREDITING OF RECEIPTS.—Any 

8 amount received under this section with respect to 

9 transportation provided in response to an emer10 gency, a disaster, or a request for humanitarian as11 sistance may be credited to the appropriation, fund, 

12 or account used in incurring the obligation for which 

13 such amount is received. In all other cases, 

14 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

19 DURING CONTINGENCIES OR DISASTER RESPONSES.— 

20 When space is available on vessels, vehicles, or aircraft op21 erated by the Department of Defense and the Secretary 

22 of Defense determines that operations in the area of a con23 tingency operation or disaster response would be facili24 tated if allied forces or civilians were to be transported 

25 using such vessels, vehicles, or aircraft, the Secretary may 


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1 provide such transportation on a noninterference basis, 

2 without charge.’’. 

3 (d) CONFORMING AMENDMENT.—Section 2648 of 

4 such title is amended by inserting ‘‘, vehicles, or aircraft’’ 

5 after ‘‘vessels’’ in the matter preceding paragraph (1). 

6 (e) TECHNICAL AMENDMENTS.— 

7 (1) The heading of section 2648 of such title is 

8 amended to read as follows: 

9 ‘‘§ 2648. Persons and supplies: sea, land, and air 

10 transportation’’. 

11 (2) The heading of section 2649 of such title is 

12 amended to read as follows: 

13 ‘‘§ 2649. Civilian passengers and commercial cargoes: 

14 transportation on Department of Defense 

15 vessels, vehicles, and aircraft’’. 

16 (f) CLERICAL AMENDMENTS.—The table of sections 

17 at the beginning of chapter 157 of such title is amended 

18 by striking the items relating to sections 2648 and 2649 

19 and inserting the following new items: 

‘‘2648. Persons and supplies: sea, land, and air transportation. 

‘‘2649. Civilian passengers and commercial cargoes: transportation on Department of Defense vessels, vehicles, and aircraft.’’. 

20 SEC. 335. PROCEEDS FROM ARMY POST LAUNDRY FACILI21 TIES. 

22 (a) AUTHORITY TO RETAIN RECEIPTS.—Chapter 

23 437 of title 10, United States Code, is amended by adding 

24 at the end the following new section: 


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1 ‘‘§ 4596. Army post laundries: disposition of receipts 

2 ‘‘(a) USE OF PROCEEDS.—Money received for laun3 dry work performed by Army post laundries shall be used 

4 to pay the cost of maintenance and operation of those 

5 laundries. Any amount remaining at the end of the fiscal 

6 year after the cost has been so paid shall be deposited 

7 in the Treasury to the credit of the appropriation from 

8 which the cost of operating the laundries is paid. 

9 ‘‘(b) PUBLIC FUNDS.—The receipts and expenditures 

10 of Army post laundries shall be accounted for as public 

11 funds.’’. 

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

13 at the beginning of such chapter is amended by adding 

14 at the end the following new item: 

‘‘4596. Army post laundries: disposition of receipts.’’. 

15 TITLE IV—MILITARY 

16 PERSONNEL AUTHORIZATIONS 

17 Subtitle A—Active Forces 

18 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

19 The Armed Forces are authorized strengths for active 

20 duty personnel as of September 30, 2011, as follows: 

21 (1) The Army, 569,400. 

22 (2) The Navy, 328,700. 

23 (3) The Marine Corps, 202,100. 

24 (4) The Air Force, 332,200. 


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1 SEC. 402. REVISION TO PERMANENT END STRENGTH LEV2 ELS FOR THE NAVY AND AIR FORCE. 

3 Section 691(b) of title 10, United States Code, is 

4 amended— 

5 (1) in paragraph (2), by striking ‘‘328,800’’ 

6 and inserting ‘‘324,300’’; and 

7 (2) in paragraph (4), by striking ‘‘331,700’’ 

8 and inserting ‘‘332,200’’. 

9 Subtitle B—Reserve Forces 

10 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

11 (a) IN GENERAL.—The Armed Forces are authorized 

12 strengths for Selected Reserve personnel of the reserve 

13 components as of September 30, 2011, as follows: 

14 (1) The Army National Guard of the United 

15 States, 358,200. 

16 (2) The Army Reserve, 205,000. 

17 (3) The Navy Reserve, 65,500. 

18 (4) The Marine Corps Reserve, 39,600. 

19 (5) The Air National Guard of the United 

20 States, 106,700. 

21 (6) The Air Force Reserve, 71,200. 

22 (7) The Coast Guard Reserve, 10,000. 

23 (b) END STRENGTH REDUCTIONS.—The end 

24 strengths prescribed by subsection (a) for the Selected Re25 serve of any reserve component shall be proportionately 

26 reduced by— 


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1 (1) the total authorized strength of units orga2 nized to serve as units of the Selected Reserve of 

3 such component which are on active duty (other 

4 than for training) at the end of the fiscal year; and 

5 (2) the total number of individual members not 

6 in units organized to serve as units of the Selected 

7 Reserve of such component who are on active duty 

8 (other than for training or for unsatisfactory partici9 pation in training) without their consent at the end 

10 of the fiscal year. 

11 (c) END STRENGTH INCREASES.—Whenever units or 

12 individual members of the Selected Reserve of any reserve 

13 component are released from active duty during any fiscal 

14 year, the end strength prescribed for such fiscal year for 

15 the Selected Reserve of such reserve component shall be 

16 increased proportionately by the total authorized strengths 

17 of such units and by the total number of such individual 

18 members. 

19 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

20 DUTY IN SUPPORT OF THE RESERVES. 

21 Within the end strengths prescribed in section 

22 411(a), the reserve components of the Armed Forces are 

23 authorized, as of September 30, 2011, the following num24 ber of Reserves to be serving on full-time active duty or 

25 full-time duty, in the case of members of the National 


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1 Guard, for the purpose of organizing, administering, re2 cruiting, instructing, or training the reserve components: 

3 (1) The Army National Guard of the United 

4 States, 32,060. 

5 (2) The Army Reserve, 16,261. 

6 (3) The Navy Reserve, 10,688. 

7 (4) The Marine Corps Reserve, 2,261. 

8 (5) The Air National Guard of the United 

9 States, 14,584. 

10 (6) The Air Force Reserve, 2,992. 

11 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

12 (DUAL STATUS). 

13 The minimum number of military technicians (dual 

14 status) as of the last day of fiscal year 2011 for the re15 serve components of the Army and the Air Force (notwith16 standing section 129 of title 10, United States Code) shall 

17 be the following: 

18 (1) For the Army Reserve, 8,537. 

19 (2) For the Army National Guard of the United 

20 States, 27,210. 

21 (3) For the Air Force Reserve, 10,720. 

22 (4) For the Air National Guard of the United 

23 States, 22,394. 


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1 SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF 

2 NON-DUAL STATUS TECHNICIANS. 

3 (a) LIMITATIONS.— 

4 (1) NATIONAL GUARD.—Within the limitation 

5 provided in section 10217(c)(2) of title 10, United 

6 States Code, the number of non-dual status techni7 cians employed by the National Guard as of Sep8 tember 30, 2011, may not exceed the following: 

9 (A) For the Army National Guard of the 

10 United States, 2,520. 

11 (B) For the Air National Guard of the 

12 United States, 350. 

13 (2) ARMY RESERVE.—The number of non-dual 

14 status technicians employed by the Army Reserve as 

15 of September 30, 2011, may not exceed 453. 

16 (3) AIR FORCE RESERVE.—The number of non17 dual status technicians employed by the Air Force 

18 Reserve as of September 30, 2011, may not exceed 

19 90. 

20 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

21 this section, the term ‘‘non-dual status technician’’ has the 

22 meaning given that term in section 10217(a) of title 10, 

23 United States Code. 


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1 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU2 THORIZED TO BE ON ACTIVE DUTY FOR 

3 OPERATIONAL SUPPORT. 

4 During fiscal year 2011, the maximum number of 

5 members of the reserve components of the Armed Forces 

6 who may be serving at any time on full-time operational 

7 support duty under section 115(b) of title 10, United 

8 States Code, is the following: 

9 (1) The Army National Guard of the United 

10 States, 17,000. 

11 (2) The Army Reserve, 13,000. 

12 (3) The Navy Reserve, 6,200. 

13 (4) The Marine Corps Reserve, 3,000. 

14 (5) The Air National Guard of the United 

15 States, 16,000. 

16 (6) The Air Force Reserve, 14,000. 

17 SEC. 416. NAVY RESERVE FLAG OFFICER ALLOCATION; RE18 MOVAL OF STATUTORY DISTRIBUTION LIM19 ITS. 

20 Section 12004(c) of title 10, United States Code, is 

21 amended by striking paragraphs (2), (3), and (5). 


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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 for military per6 sonnel for fiscal year 2011 a total of $127,668,630,000. 

7 (b) CONSTRUCTION OF AUTHORIZATION.—The au8 thorization of appropriations in subsection (a) supersedes 

9 any other authorization of appropriations (definite or in10 definite) for such purpose for fiscal year 2011. 

11 TITLE V—MILITARY PERSONNEL 

12 AUTHORIZATIONS 

13 Subtitle A—Officer Personnel 

14 Policy 

15 SEC. 501. PROMOTION LIST REMOVAL ACTIONS. 

16 (a) ACTIVE-DUTY LIST.—Section 629 of title 10, 

17 United States Code, is amended— 

18 (1) by redesignating subsection (d) as sub19 section (e); and 

20 (2) by inserting after subsection (c) the fol21 lowing new subsection (d): 

22 ‘‘(d) ADMINISTRATIVE REMOVAL.—If an officer on 

23 the active-duty list is discharged or dropped from the rolls, 

24 transferred to a retired status, or found to have been erro25 neously included in a zone of consideration, after having 


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1 been recommended for promotion to a higher grade under 

2 this chapter, but before being promoted, the officer shall 

3 be administratively removed from the promotion list under 

4 regulations prescribed by the Secretary concerned.’’. 

5 (b) RESERVE ACTIVE-STATUS LIST.—Section 14310 

6 of such title is amended by adding at the end the following 

7 new subsection: 

8 ‘‘(d) ADMINISTRATIVE REMOVAL.—If an officer on 

9 the reserve active-status list is discharged or dropped from 

10 the rolls, transferred to a retired status, or found to have 

11 been erroneously included in a zone of consideration, after 

12 having been recommended for promotion to a higher grade 

13 under this chapter or after having been found qualified 

14 for Federal recognition in the higher grade under title 32, 

15 but before being promoted, the officer shall be administra16 tively removed from the promotion list under regulations 

17 prescribed by the Secretary concerned.’’. 

18 SEC. 502. TECHNICAL REVISIONS TO DEFINITION OF 

19 ‘‘JOINT MATTERS’’ FOR PURPOSES OF JOINT 

20 OFFICER MANAGEMENT. 

21 Section 668(a) of title 10, United States Code, is 

22 amended— 

23 (1) in paragraph (1)— 

24 (A) by striking ‘‘multiple’’ and inserting 

25 ‘‘integrated’’; and 


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1 (B) by striking ‘‘and’’ at the end of the 

2 subparagraph (D) and inserting ‘‘or’’; and 

3 (2) in paragraph (2)— 

4 (A) by striking ‘‘multiple’’ and inserting 

5 ‘‘integrated’’; and 

6 (B) by striking ‘‘participants from’’ and all 

7 that follows and inserting ‘‘participants from— 

8 ‘‘(A) more than one military department; 

9 or 

10 ‘‘(B) a military department and one or 

11 more of the following: 

12 ‘‘(i) Other departments and agencies 

13 of the United States. 

14 ‘‘(ii) The military forces or agencies of 

15 other countries. 

16 ‘‘(iii) Non-governmental persons or 

17 entities.’’. 

18 SEC. 503. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS 

19 OF INQUIRY FOR SEPARATION OF REGULAR 

20 OFFICERS FOR SUBSTANDARD PERFORM21 ANCE AND OTHER REASONS. 

22 (a) ACTIVE DUTY.—Section 1187 of title 10, United 

23 States Code, is amended— 

24 (1) in subsection (a), by striking paragraphs 

25 (2) and (3) and inserting the following: 


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1 ‘‘(2) Each member of the board shall be senior 

2 in rank or grade to the officer being required to 

3 show cause for retention on active duty and at least 

4 one member of the board— 

5 ‘‘(A) shall be in or above the grade of 

6 major or lieutenant commander if the grade of 

7 the officer being required to show cause for re8 tention on active duty, is below the grade of 

9 major or lieutenant commander; or 

10 ‘‘(B) shall be in a grade above lieutenant 

11 colonel or commander if the grade of the officer 

12 being required to show cause for retention on 

13 active duty, is major or lieutenant commander 

14 or above.’’; 

15 (2) in subsection (b), by striking ‘‘officer—’’ 

16 and all that follows through the period at the end 

17 and inserting ‘‘meets the grade requirements of sub18 section (a)(2).’’; and 

19 (3) by adding at the end the following new sub20 section: 

21 ‘‘(e) REGULATIONS.—The Secretary of a military de22 partment may prescribe regulations limiting the eligibility 

23 of officers to serve as board members to those otherwise 

24 qualified officers who, in the opinion of the Secretary, are 


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1 suited for that duty by reason of age, education, training, 

2 experience, length of service, and temperament.’’. 

3 (b) RESERVES.—Section 14906 of such title is 

4 amended— 

5 (1) in subsection (a), by striking paragraphs 

6 (2) and (3) and inserting the following: 

7 ‘‘(2) Each member of the board shall be senior 

8 in rank or grade to the officer being required to 

9 show cause for retention in an active status and at 

10 least one member of the board— 

11 ‘‘(A) shall be in or above the grade of 

12 major or lieutenant commander if the grade of 

13 the officer being required to show cause for re14 tention in an active status is below the grade of 

15 major or lieutenant commander; or 

16 ‘‘(B) shall be in a grade above lieutenant 

17 colonel or commander if the grade of the officer 

18 being required to show cause for retention in an 

19 active status is major or lieutenant commander 

20 or above.’’; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(c) REGULATIONS.—The Secretary of a military de24 partment may prescribe regulations limiting the eligibility 

25 of officers to serve as board members to those otherwise 


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1 qualified officers who, in the opinion of the Secretary, are 

2 suited for that duty by reason of age, education, training, 

3 experience, length of service, and temperament.’’. 

4 SEC. 504. TEMPORARY AUTHORITY TO REDUCE MINIMUM 

5 LENGTH OF COMMISSIONED SERVICE RE6 QUIRED FOR VOLUNTARY RETIREMENT AS 

7 AN OFFICER. 

8 (a) ARMY.—Section 3911(b)(2) of title 10, United 

9 States Code, is amended by striking ‘‘January 6, 2006 

10 and ending on December 31, 2008’’ and inserting ‘‘the 

11 date of the enactment of the National Defense Authoriza12 tion Act for Fiscal Year 2011 and ending on September 

13 30, 2013’’. 

14 (b) NAVY AND MARINE CORPS.—Section 

15 6323(a)(2)(B) of such title is amended by striking ‘‘Janu16 ary 6, 2006 and ending on December 31, 2008’’ and in17 serting ‘‘the date of the enactment of the National De18 fense Authorization Act for Fiscal Year 2011 and ending 

19 on September 30, 2013’’. 

20 (c) AIR FORCE.—Section 8911(b)(2) of such title is 

21 amended by striking ‘‘January 6, 2006 and ending on De22 cember 31, 2008’’ and inserting ‘‘the date of the enact23 ment of the National Defense Authorization Act for Fiscal 

24 Year 2011 and ending on September 30, 2013’’. 


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1 SEC. 505. CONTINUATION OF WARRANT OFFICERS ON AC2 TIVE DUTY TO COMPLETE DISCIPLINARY AC3 TION. 

4 (a) IN GENERAL.—Chapter 33A of title 10, United 

5 States Code, is amended by inserting after section 580a 

6 following new section: 

7 ‘‘§ 580b. Continuation of warrant officers on active 

8 duty to complete disciplinary action 

9 ‘‘When any action has been commenced against a 

10 warrant officer with a view to trying such officer by court11 martial and such warrant officer is to be separated or re12 tired in accordance with this chapter, the Secretary of the 

13 military department concerned may delay the separation 

14 or retirement of the officer, without prejudice to such ac15 tion, until the completion of the action.’’. 

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

17 at the beginning of such chapter is amended by inserting 

18 after the item relating to section 580a the following new 

19 item: 

‘‘580b. Continuation of warrant officers on active duty to complete disciplinary 

action.’’. 


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1 SEC. 506. AUTHORITY TO DESIGNATE CERTAIN INACTIVE 

2 RESERVE OFFICERS AS NOT TO BE CONSID3 ERED FOR SELECTION FOR PROMOTION. 

4 Section 14301 of title 10, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(i) CERTAIN OFFICERS NOT TO BE CONSIDERED

8 FOR SELECTION FOR PROMOTION.—The Secretary con9 cerned may provide that an officer who is in an active sta10 tus but in a duty status in which the only points the officer 

11 accrues under section 12732(a)(2) of this title are pursu12 ant to subparagraph (C)(i) of such section (relating to 

13 membership in a reserve component) shall not be consid14 ered for selection for promotion at any time the officer 

15 otherwise would be so considered. The officer may remain 

16 on the reserve active-status list.’’. 

17 SEC. 507. NONDISCLOSURE OF INFORMATION FROM DIS18 CUSSIONS, DELIBERATIONS, NOTES AND 

19 RECORDS OF SPECIAL SELECTION BOARDS. 

20 (a) NONDISCLOSURE OF BOARD PROCEEDINGS.— 

21 Section 613a of title 10, United States Code, is amend22 ed— 

23 (1) in subsection (a), by striking ‘‘section 611’’ 

24 and all that follows through ‘‘the board’’ and insert25 ing the following: ‘‘sections 573, 611, or 628 of this 

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1 ber of the board except as authorized or required by 

2 this title to process the board’s report. The prohibi3 tion in the preceding sentence is an exemption by 

4 statute referred to in paragraph (3) of section 

5 552(b) of title 5.’’; 

6 (2) in subsection (b) by striking ‘‘AND

7 RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 

8 and 

9 (3) by adding at the end the following new sub10 section: 

11 ‘‘(c) APPLICABILITY.—This section applies to all se12 lection boards convened under section 573, 611, or 628 

13 of this title, regardless of the date on which the board 

14 was convened.’’. 

15 (b) REPORTS OF BOARDS.—Section 628(c)(2) of 

16 such title, is amended by striking ‘‘576(d) and 576(f)’’ 

17 and inserting ‘‘576(d), 576(f), and 613a’’. 

18 (c) RESERVE BOARDS.—Section 14104 of such title, 

19 is amended— 

20 (1) in subsection (a), by striking ‘‘section 

21 14101’’ and all that follows and inserting ‘‘sections 

22 14101 or 14502 of this title may not be disclosed to 

23 any person not a member of the board except as au24 thorized or required by this title to process the 

25 board’s report.’’; 


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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 se7 lection boards convened under section 14101 or sections 

8 14502 of this title, regardless of the date on which the 

9 board was convened.’’. 

10 SEC. 508. CHANGES TO PROCESS INVOLVING PROMOTION 

11 BOARDS FOR JOINT QUALIFIED OFFICERS 

12 AND OFFICERS WITH JOINT STAFF EXPERI13 ENCE. 

14 (a) BOARD COMPOSITION.—Section 612(c) of title 

15 10, United States Code, is amended— 

16 (1) by striking ‘‘serving in, or have served in, 

17 joint duty assignments’’ and inserting ‘‘officers who 

18 are serving on, or have served on, the Joint Staff or 

19 are joint qualified officers’’; 

20 (2) by striking ‘‘currently serving in a joint 

21 duty assignment’’ and inserting ‘‘is a joint qualified 

22 officer’’; and 

23 (3) by inserting before the period at the end the 

24 following: ‘‘or in the case of a selection board that 

25 is considering officers in specialties identified in 


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1 paragraph (2) or (3) of section 619a(b) of this 

2 title’’. 

3 (b) INFORMATION FURNISHED TO SELECTION

4 BOARDS.—Section 615 of such title is amended by strik5 ing ‘‘in joint duty assignments of officers who are serving, 

6 or have served, in such assignments’’ in subsections (b)(5) 

7 and (c) and inserting ‘‘of officers who are serving on, or 

8 have served on, the Joint Staff or are joint qualified offi9 cers’’. 

10 (c) ACTION ON REPORT OF SELECTION BOARDS.— 

11 Section 618(b) of such title is amended— 

12 (1) in paragraph (1), by striking ‘‘are serving, 

13 or have served, in joint duty assignments’’ and in14 serting ‘‘are serving on, or have served on, the Joint 

15 Staff or are joint qualified officers’’; 

16 (2) in paragraphs (2)(A) and (2)(B), by strik17 ing ‘‘in joint duty assignments of officers who are 

18 serving, or have served, in such assignments’’ and 

19 inserting ‘‘of officers who are serving on, or have 

20 served on, the Joint Staff or are joint qualified offi21 cers’’; and 

22 (3) in paragraph (4), by striking ‘‘in joint duty 

23 assignments’’ and inserting ‘‘who are serving on, or 

24 have served on, the Joint Staff or are joint qualified 

25 officers’’. 


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1 SEC. 509. 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 COM7 MISSION IN WARRANT OFFICER W–1 GRADE.—The 

8 first sentence of section 571(b) of title 10, United 

9 States Code, is amended by striking ‘‘by the Sec10 retary concerned’’ and inserting ‘‘, except that with 

11 respect to an armed force under the jurisdiction of 

12 the Secretary of a military department, the Sec13 retary concerned may provide by regulation that ap14 pointments in that grade in that armed force shall 

15 be made by commission’’. 

16 (2) APPOINTING AUTHORITY.—The second sen17 tence of such section is amended by inserting before 

18 the period at the end the following: ‘‘, and appoint19 ments in the grade of regular warrant officer, W–1 

20 (whether by warrant or commission), shall be made 

21 by the President, except that appointments in that 

22 grade in the Coast Guard shall be made by the Sec23 retary concerned’’. 

24 (b) RESERVE OFFICERS.—Subsection (b) of section 

25 12241 of such title is amended to read as follows: 


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1 ‘‘(b) Appointments in permanent reserve warrant of2 ficer grades shall be made in the same manner as is pre3 scribed for regular warrant officer grades by section 

4 571(b) of this title.’’. 

5 (c) PRESIDENTIAL FUNCTIONS.—Except as other6 wise provided by the President by Executive order, the 

7 provisions of Executive Order 13384 (10 U.S.C. 531 note) 

8 relating to the functions of the President under the second 

9 sentence of section 571(b) of title 10, United States Code, 

10 shall apply in the same manner to the functions of the 

11 President under section 12241(b) of title 10, United 

12 States Code. 

13 Subtitle B—General Service 

14 Authorities 

15 SEC. 511. AUTHORITY FOR ASSIGNMENT OF AIR FORCE RE16 SERVE MILITARY TECHNICIANS (DUAL STA17 TUS) TO POSITIONS OUTSIDE AIR FORCE RE18 SERVE UNIT PROGRAM. 

19 Section 10216(d)(2) of title 10, United States Code, 

20 is amended by inserting ‘‘or by the Air Force Reserve in 

21 an area other than the Air Force Reserve unit program’’ 

22 before the period at the end. 


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1 SEC. 512. AUTHORITY FOR SERVICE COMMITMENT FOR RE2 SERVISTS WHO ACCEPT FELLOWSHIPS, 

3 SCHOLARSHIPS, OR GRANTS TO BE PER4 FORMED IN THE SELECTED RESERVE. 

5 (a) IN GENERAL.—Section 2603(b) of title 10, 

6 United States Code, is amended by inserting ‘‘(or in the 

7 case of a member of the Selected Reserve, on active duty 

8 or in the Selected Reserve as specified in the agreement)’’ 

9 after ‘‘active duty’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall apply to agreements entered into 

12 under section 2603(b) of title 10, United States Code, 

13 after the date of the enactment of this Act. 

14 SEC. 513. ACTIVE DUTY OBLIGATION FOR GRADUATES OF 

15 THE MILITARY ACADEMIES PARTICIPATING 

16 IN THE HEALTH PROFESSIONS SCHOLARSHIP 

17 PROGRAM. 

18 (a) UNITED STATES MILITARY ACADEMY GRAD19 UATES IN THE HEALTH PROFESSIONS SCHOLARSHIP

20 PROGRAM.—Subsection (a) of section 4348 of title 10, 

21 United States Code, is amended by adding at the end the 

22 following new paragraph: 

23 ‘‘(4) That if an appointment described in para24 graph (2) or (3) is tendered and the cadet partici25 pates in a program under section 2121 of this title, 

26 the cadet will fulfill any unserved obligation incurred 


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1 under this section on active duty, regardless of the 

2 type of appointment held, upon completion of, and 

3 in addition to, any service obligation incurred under 

4 section 2123 of this title for participation in the 

5 health care degree or training program.’’. 

6 (b) UNITED STATES NAVAL ACADEMY GRADUATES

7 IN THE HEALTH PROFESSIONS SCHOLARSHIP PRO8 GRAM.—Subsection (a) of section 6959 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new paragraph: 

11 ‘‘(4) That if an appointment described in para12 graph (2) or (3) is tendered and the midshipman 

13 participates in a program under section 2121 of this 

14 title, the midshipman will fulfill any unserved obliga15 tion incurred under this section on active duty, re16 gardless of the type of appointment held, upon com17 pletion of, and in addition to, any service obligation 

18 incurred under section 2123 of this title for partici19 pation in the health care degree or training pro20 gram.’’. 

21 (c) UNITED STATES AIR FORCE ACADEMY GRAD22 UATES IN THE HEALTH PROFESSIONS SCHOLARSHIP

23 PROGRAM.—Subsection (a) of section 9348 of title 10, 

24 United States Code, is amended by adding at the end the 

25 following new paragraph: 


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1 ‘‘(4) That if an appointment described in para2 graph (2) or (3) is tendered and the cadet partici3 pates in a program under section 2121 of this title, 

4 the cadet will fulfill any unserved obligation incurred 

5 under this section on active duty, regardless of the 

6 type of appointment held, upon completion of, and 

7 in addition to, any service obligation incurred under 

8 section 2123 of this title for participation in the 

9 health care degree or training program.’’. 

10 SEC. 514. AUTHORITY FOR DIRECT APPOINTMENT OF 

11 GRADUATES OF THE UNITED STATES MER12 CHANT MARINE ACADEMY INTO THE NA13 TIONAL GUARD. 

14 Section 305(a)(5) of title 32, United States Code, is 

15 amended by inserting ‘‘the United States Merchant Ma16 rine Academy,’’ after ‘‘Air Force Academy,’’. 

17 SEC. 515. WEAR OF MILITARY UNIFORM BY MILITARY 

18 TECHNICIANS (DUAL STATUS) WHILE PER19 FORMING DUTIES AS A MILITARY TECHNI20 CIAN (DUAL STATUS). 

21 Section 10216(a) of title 10, United States Code, is 

22 amended by adding at the end the following new para23 graph: 

24 ‘‘(4) Pursuant to regulations prescribed by the 

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1 tus) may be required to wear the military uniform 

2 appropriate for the member’s grade while per3 forming duties as a military technician (dual sta4 tus).’’. 

5 SEC. 516. AUTHORITY FOR TEMPORARY EMPLOYMENT OF 

6 NON-DUAL STATUS MILITARY TECHNICIANS. 

7 Section 10217 of title 10, United States Code, is 

8 amended— 

9 (1) in subsection (a)— 

10 (A) by striking the period at the end of 

11 paragraph (2) and inserting ‘‘; or’’; and 

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

13 paragraph: 

14 ‘‘(3) was hired as a temporary employee for a 

15 period not to exceed two years to fill a vacancy cre16 ated by the mobilization of a military technician 

17 (dual status) occupying a position under section 

18 10216 of this title and the length of the temporary 

19 employment may not exceed the period of mobiliza20 tion of the military technician (dual status) whose 

21 vacancy is being filled by the temporary employee.’’; 

22 and 

23 (2) by adding at the end the following new sub24 section: 


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1 ‘‘(d) EXCEPTION FOR TEMPORARY EMPLOYMENT.— 

2 (1) Notwithstanding section 10218 of this title, the Sec3 retary of the Army or the Secretary of the Air Force may 

4 employ, for a period not to exceed two years, an individual 

5 to serve as a military technician (non-dual) status if the 

6 individual is placed in a position that was occupied by a 

7 military technician who is unable temporarily to perform 

8 the function of the position because of a contingency oper9 ation or as determined by the Secretary. 

10 ‘‘(2) An individual employed as a military technician 

11 (non-dual status) under paragraph (a) shall not be consid12 ered a non-dual status technician for the purposes of sub13 section (c).’’. 

14 Subtitle C—Education and 

15 Training 

16 SEC. 521. REPAYMENT OF EDUCATION LOAN REPAYMENT 

17 BENEFITS. 

18 (a) ENLISTED MEMBERS ON ACTIVE DUTY IN SPECI19 FIED MILITARY SPECIALTIES.—Section 2171 of title 10, 

20 United States Code, is amended by adding at the end the 

21 following new subsections: 

22 ‘‘(g) Except a person described in subsection (e) who 

23 transfers to service making the person eligible for repay24 ment of loans under section 16301 of this title, a member 

25 of the armed forces who fails to complete the period of 


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1 service required to qualify for loan repayment under this 

2 section shall be subject to the repayment provisions of sec3 tion 303a(e) of title 37. 

4 ‘‘(h) The Secretary of Defense may prescribe, by reg5 ulations, procedures for implementing this section, includ6 ing standards for qualified loans and authorized payees 

7 and other terms and conditions for making loan repay8 ments. Such regulations may include exceptions that 

9 would allow for the payment as a lump sum of any loan 

10 repayment due to a member under a written agreement 

11 that existed at the time of a member’s death or dis12 ability.’’. 

13 (b) MEMBERS OF SELECTED RESERVE.—Section 

14 16301 of such title is amended by adding at the end the 

15 following new subsections: 

16 ‘‘(h) Except a person described in subsection (e) who 

17 transfers to service making the person eligible for repay18 ment of loans under section 2171 of this title, a member 

19 of the armed forces who fails to complete the period of 

20 service required to qualify for loan repayment under this 

21 section shall be subject to the repayment provisions of sec22 tion 303a(e) of title 37. 

23 ‘‘(i) The Secretary of Defense may prescribe, by regu24 lations, procedures for implementing this section, includ25 ing standards for qualified loans and authorized payees 


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1 and other terms and conditions for making loan repay2 ments. Such regulations may include exceptions that 

3 would allow for the payment as a lump sum of any loan 

4 repayment due to a member under a written agreement 

5 that existed at the time of a member’s death or dis6 ability.’’. 

7 SEC. 522. PARTICIPATION OF HEALTH PROFESSIONS 

8 SCHOLARSHIP RECIPIENTS IN ACTIVE DUTY 

9 HEALTH PROFESSION LOAN REPAYMENT 

10 PROGRAM. 

11 Section 2173(c) of title 10, United States Code, is 

12 amended by adding at the end the following new para13 graph: 

14 ‘‘(4) The person is enrolled in the Armed 

15 Forces Health Professions Scholarship and Finan16 cial Assistance Program under subchapter I of chap17 ter 105 of this title for a number of years less than 

18 is required to complete the normal length of the 

19 course of study required for the specific health pro20 fession.’’. 

21 SEC. 523. ADJUST SOLOMON AMENDMENT FEDERAL REG22 ISTER REPORTING REQUIREMENT. 

23 Section 983 of title 10, United States Code, is 

24 amended by striking subsection (f). 


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1 SEC. 524. INCREASE IN NUMBER OF PRIVATE SECTOR CI2 VILIANS AUTHORIZED FOR ADMISSION TO 

3 NATIONAL DEFENSE UNIVERSITY. 

4 Section 2167(a) of title 10, United States Code, is 

5 amended by striking ‘‘20 full-time student positions’’ and 

6 inserting ‘‘35 full-time student positions’’. 

7 SEC. 525. AUTHORITY FOR PERMANENT PROFESSORS AT 

8 THE UNITED STATES AIR FORCE ACADEMY 

9 TO HOLD COMMAND POSITIONS WHILE ON 

10 PERIODS OF SABBATICAL. 

11 Section 9334(b) of title 10, United States Code, is 

12 amended by adding at the end the following new sentence: 

13 ‘‘However, a permanent professor who is on an operational 

14 tour or sabbatical duty away from the Academy may, if 

15 so authorized by the Secretary of the Air Force, exercise 

16 command of units to which assigned while on such duty.’’. 

17 SEC. 526. MODIFICATION OF JUNIOR RESERVE OFFICERS’ 

18 TRAINING CORPS MINIMUM UNIT STRENGTH. 

19 Section 2031 of title 10, United States Code, is 

20 amended— 

21 (1) in subsection (b)(1)— 

22 (A) by striking ‘‘10 percent’’ and all that 

23 follows through ‘‘8th grade’’ and inserting ‘‘75, 

24 when total institutional enrollment does not ex25 ceed 1,000’’; and 


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1 (B) by striking ‘‘whichever is less’’ and in2 serting ‘‘if the total institutional enrollment is 

3 1,000 or greater’’; 

4 (2) by redesignating subsections (c) through (f) 

5 as subsections (d) through (g), respectively; and 

6 (3) by inserting after subsection (b) the fol7 lowing new subsection (c): 

8 ‘‘(c) The Secretary concerned may waive the min9 imum enrollment requirement in subsection (b)(1) if the 

10 Secretary determines that such a waiver is in the best in11 terests of the service or is necessary to provide a fair and 

12 equitable geographic distribution of units.’’. 

13 SEC. 527. INCREASE MAXIMUM AGE FOR PROSPECTIVE RE14 SERVE OFFICER TRAINING CORPS SCHOLAR15 SHIP RECIPIENTS. 

16 (a) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—Sub17 section (a) of section 2107 of title 10, United States Code, 

18 is amended by striking ‘‘31 years’’ and inserting ‘‘35 

19 years’’. 

20 (b) ELIGIBILITY FOR MEMBERS OF ARMY RESERVE

21 AND ARMY NATIONAL GUARD.—Subsection (a)(1) of sec22 tion 2107a of such title is amended by striking ‘‘31 years’’ 

23 and inserting ‘‘35 years’’. 


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1 SEC. 528. PAYMENT FOR SUPPLEMENTAL EDUCATIONAL 

2 ASSISTANCE UNDER POST-9/11 EDUCATIONAL 

3 ASSISTANCE PROGRAM FROM DEPARTMENT 

4 OF DEFENSE EDUCATION BENEFITS FUND. 

5 (a) PAYMENT FROM DOD EDUCATION BENEFITS

6 FUND.—Section 3324(b) of title 38, United States Code, 

7 is amended— 

8 (1) by striking ‘‘(b) COSTS.—Payments’’ and 

9 inserting the following: 

10 ‘‘(b) COSTS.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), payments’’; and 

13 (2) by adding at the end the following new 

14 paragraph: 

15 ‘‘(2) SUPPLEMENTAL EDUCATIONAL ASSIST16 ANCE.—Payments for supplemental educational as17 sistance under section 3316 shall be made from the 

18 Department of Defense Education Benefits Fund es19 tablished under section 2006 of title 10 or from ap20 propriations available to the Department of Home21 land Security for that purpose, as applicable.’’. 

22 (b) DEPARTMENT OF DEFENSE FUNDING OF ASSIST23 ANCE.—Section 2006(b) of title 10, United States Code, 

24 is amended— 

25 (1) in paragraph (1), by striking ‘‘chapter 30’’ 

26 and inserting ‘‘chapters 30 and 33’’; and 


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1 (2) in paragraph (2)— 

2 (A) in subparagraph (A), by inserting ‘‘or 

3 3316(a)’’ after ‘‘3015(d)’’; and 

4 (B) in subparagraph (B)— 

5 (i) by inserting ‘‘or section 3316(b)’’ 

6 after ‘‘chapter 30’’ in the matter preceding 

7 clause (i); 

8 (ii) by striking ‘‘or’’ at the end of 

9 clause (i); 

10 (iii) by striking the period at the end 

11 of clause (ii) and inserting ‘‘; or’’; and 

12 (iv) by adding at the end the following 

13 new clause: 

14 ‘‘(iii) enter a period of service that 

15 will establish entitlement to such edu16 cational assistance under section 

17 3316(b)(2) of such title, in the case of per18 sons eligible for educational assistance 

19 under chapter 33 of such title.’’. 


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1 Subtitle D—Military Justice and 

2 Legal Matters 

3 SEC. 531. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN 

4 MILITARY JUSTICE PROCEEDINGS. 

5 (a) IN GENERAL.—The text of section 848 of title 

6 10, United States Code (article 48 of the Uniform Code 

7 of Military Justice), is amended to read as follows: 

8 ‘‘(a) AUTHORITY TO PUNISH CONTEMPT.—A mili9 tary judge detailed to any court-martial, a Court of In10 quiry, the Court of Appeals for the Armed Forces, a mili11 tary Court of Criminal Appeals, a provost court, or mili12 tary commission may punish for contempt any person 

13 who— 

14 ‘‘(1) uses any menacing word, sign, or gesture 

15 in its presence; 

16 ‘‘(2) disturbs its proceedings by any riot or dis17 order; or 

18 ‘‘(3) willfully disobeys the lawful writ, process, 

19 order, rule, decree, or command of same. 

20 ‘‘(b) PUNISHMENT.—The punishment for contempt 

21 under subsection (a) may not exceed confinement for 30 

22 days or a fine of $1,000, or both. 

23 ‘‘(c) INAPPLICABILITY TO MILITARY COMMISSIONS

24 UNDER CHAPTER 47A.—This section does not apply to 


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1 a military commission established under chapter 47A of 

2 this title.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 this section shall apply with respect to acts of contempt 

5 described in section 848(a) of title 10, United States Code 

6 (article 48(a) of the Uniform Code of Military Justice), 

7 as amended by subsection (a), that are committed after 

8 the date of the enactment of this Act. 

9 SEC. 532. AUTHORITY TO COMPEL PRODUCTION OF DOCU10 MENTARY EVIDENCE PRIOR TO TRIAL IN 

11 MILITARY JUSTICE CASES. 

12 (a) SUBPOENA DUCES TECUM.—Section 847 of title 

13 10, United States Code (article 47 of the Uniform Code 

14 of Military Justice), is amended— 

15 (1) in subsection (a)(1), by striking ‘‘board;’’ 

16 and inserting ‘‘board or has been duly issued a sub17 poena duces tecum for an investigation, including an 

18 investigation pursuant to section 832(b) of this title 

19 (article 32(b)); and’’; and 

20 (2) in subsection (c), by striking ‘‘or board,’’ 

21 and inserting ‘‘board, trial counsel, or convening au22 thority,’’. 

23 (b) REPEAL OF OBSOLETE PROVISIONS RELATING

24 TO FEES AND MILEAGE PAYABLE TO WITNESSES.—Such 

25 section is further amended— 


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1 (1) in subsection (a)— 

2 (A) by striking paragraph (2); and 

3 (B) by redesignating paragraph (3) as 

4 paragraph (2); and 

5 (2) by striking subsection (d). 

6 (c) TECHNICAL AMENDMENTS.—Subsection (a) of 

7 such section is further amended by striking ‘‘subpenaed’’ 

8 in paragraphs (1) and (2) (as redesignated by subsection 

9 (b)(1)(B)) and inserting ‘‘subpoenaed’’. 

10 (d) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall apply with respect to subpoenas issued 

12 after the date of the enactment of this Act. 

13 Subtitle E—Decorations and 

14 Awards 

15 SEC. 541. AUTHORITY FOR AWARD OF BRONZE STAR 

16 MEDAL TO MEMBERS OF MILITARY FORCES 

17 OF FRIENDLY FOREIGN NATIONS. 

18 (a) AUTHORITY.—Section 1133 of title 10, United 

19 States Code, is amended— 

20 (1) by striking ‘‘awarded to a member’’ and in21 serting ‘‘awarded to— 

22 ‘‘(1) a member’’; 

23 (2) by striking the period at the end and insert24 ing ‘‘; or’’; and 


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

2 paragraph: 

3 ‘‘(2) a member of the military forces of a 

4 friendly foreign nation whose action leading to a rec5 ommendation for award of the Bronze Star occurred 

6 in a geographic area for which members of the 

7 armed forces are authorized special pay under sec8 tion 310 of title 37.’’. 

9 (b) CLERICAL AMENDMENTS.— 

10 (1) SECTION HEADING.—The heading for such 

11 section is amended to read as follows: 

12 ‘‘§ 1133. Bronze Star: limitation to members receiving 

13 imminent danger pay and members of 

14 military services of friendly foreign na15 tions in imminent-danger-pay areas’’. 

16 (2) TABLE OF SECTIONS.—The item relating to 

17 such section in the table of sections at the beginning 

18 of chapter 57 of such title is amended to read as fol19 lows: 

‘‘1133. Bronze Star: limitation to members receiving imminent danger pay and 

members of military services of friendly foreign nations in imminent-danger-pay areas.’’. 

20 (c) EFFECTIVE DATE.—Paragraph (2) of section 

21 1133 of title 10, United States Code, as added by sub22 section (a)(2), shall take effect as of October 30, 2000. 


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1 Subtitle F—Military Family 

2 Readiness Matters 

3 SEC. 551. ADDITIONAL MEMBER OF DEPARTMENT OF DE4 FENSE MILITARY FAMILY READINESS COUN5 CIL. 

6 (a) ADDITION OF THE SPOUSE OF A GENERAL OR

7 ADMIRAL.—Paragraph (1) of section 1781a(b) of title 10, 

8 United States Code, is amended by inserting before the 

9 period at the end of subparagraph (D) the following: ‘‘and 

10 in addition one individual appointed by the Secretary who 

11 is the spouse of an officer serving in the grade of general 

12 or admiral’’. 

13 (b) TECHNICAL AMENDMENT.—Subparagraph (E) of 

14 such paragraph is amended by striking ‘‘the senior’’ and 

15 all that follows through ‘‘member’’ and inserting ‘‘the sen16 ior enlisted advisor, or the spouse of a senior enlisted 

17 member,’’. 

18 SEC. 552. REPEAL AUTOMATIC ENROLLMENT IN FAMILY 

19 SERVICEMEMBERS’ GROUP LIFE INSURANCE 

20 FOR MILITARY MEMBERS WHO ARE MARRIED 

21 TO OTHER MILITARY MEMBERS. 

22 Section 1967(a)(1) of title 38, United States Code, 

23 is amended— 

24 (1) in subparagraph (A)(ii), by inserting ‘‘other 

25 than a dependent who is also a member of a uniVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 formed service and, because of such membership, 

2 automatically insured under this paragraph’’ after 

3 ‘‘insurable dependent of the member’’; and 

4 (2) in subparagraph (C)(ii), by inserting ‘‘other 

5 than a dependent who is also a member of a uni6 formed service and, because of such membership, 

7 automatically insured under this paragraph’’ after 

8 ‘‘insurable dependent of the member’’. 

9 SEC. 553. REVISED STRUCTURE AND FUNCTIONS OF THE 

10 RESERVE FORCES POLICY BOARD. 

11 (a) IN GENERAL.—Section 10301 of title 10, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 10301. Reserve Forces Policy Board 

14 ‘‘(a) FUNCTIONS.—As provided in section 175 of this 

15 title, there is in the Office of the Secretary of Defense 

16 a Reserve Forces Policy Board. The Board shall serve as 

17 an independent adviser to the Secretary of Defense to pro18 vide advice and recommendations to the Secretary on 

19 strategies, policies, and practices designed to improve and 

20 enhance the capabilities, efficiency, and effectiveness of 

21 the National Guard and reserve components. The Board 

22 shall report directly to the Secretary to provide inde23 pendent advice and recommendations to the Secretary on 

24 matters relating to the National Guard and reserve com25 ponents. 


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1 ‘‘(b) MEMBERSHIP.—The Board consists of 20 mem2 bers, appointed or designated as follows: 

3 ‘‘(1) A civilian chairman appointed by the Sec4 retary of Defense, who shall be a person who the 

5 Secretary determines has the knowledge of, and ex6 perience in, policy matters relevant to national secu7 rity and National Guard and reserve component 

8 matters required to carry out the duties of chair9 man. 

10 ‘‘(2) Two reserve general officers designated by 

11 the Secretary of Defense upon the recommendation 

12 of the Secretary of the Army, one of whom shall be 

13 a member of the Army National Guard of the 

14 United States and one of whom shall be a member 

15 of the Army Reserve. 

16 ‘‘(3) Two reserve officers designated by the Sec17 retary of Defense upon the recommendation of the 

18 Secretary of the Navy, one of whom shall be a Navy 

19 Reserve flag officer and one of whom shall be a Ma20 rine Corps Reserve general officer. 

21 ‘‘(4) Two reserve general officers designated by 

22 the Secretary of Defense upon the recommendation 

23 of the Secretary of the Air Force, one of whom shall 

24 be a member of the Air National Guard of the 


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1 United States and one of whom shall be a member 

2 of the Air Force Reserve. 

3 ‘‘(5) One Coast Guard flag officer designated 

4 by the Secretary of Homeland Security when the 

5 Coast Guard is not operating as a service within the 

6 Department of the Navy, or designated by the Sec7 retary of Defense, upon the recommendation of the 

8 Secretary of the Navy, when the Coast Guard is op9 erating as a service in the Navy under section 3 of 

10 title 14. 

11 ‘‘(6) Ten persons appointed or designated by 

12 the Secretary of Defense, each of whom shall be a 

13 United States citizen and have significant knowledge 

14 of and experience in policy matters relevant to na15 tional security and National Guard and reserve com16 ponent matters and shall be one of the following: 

17 ‘‘(A) An individual not employed in any 

18 Federal or State department or agency. 

19 ‘‘(B) An individual employed by a Federal 

20 or State department or agency. 

21 ‘‘(C) An officer of a regular component on 

22 active duty, or an officer of a reserve compo23 nent in an active status, who has served or is 

24 serving in a senior position on the Joint Staff, 


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1 a combatant command headquarters staff, or a 

2 service headquarters staff. 

3 ‘‘(7) A reserve officer of the Army, Navy, Air 

4 Force, or Marine Corps who is a general or flag offi5 cer recommended by the chairman and designated by 

6 the Secretary of Defense, who shall serve without 

7 vote— 

8 ‘‘(A) as military adviser to the chairman; 

9 ‘‘(B) as military executive officer of the 

10 Board; and 

11 ‘‘(C) as supervisor of the Board operations 

12 and staff. 

13 ‘‘(8) A senior enlisted member of a reserve com14 ponent recommended by the chairman and appointed 

15 by the Secretary of Defense, who shall serve without 

16 vote as enlisted military adviser to the chairman. 

17 ‘‘(c) INDEPENDENT ADVICE.—In the case of a mem18 ber of the Board who is an officer or employee of the De19 partment of Defense or a member of the armed forces, 

20 the advice provided in that member’s capacity as a mem21 ber of the Board shall be rendered independently of the 

22 Board member’s other duties as an officer or employee 

23 of the Department of Defense or member of the armed 

24 forces. 


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1 ‘‘(d) MATTERS TO BE ACTED ON.—The Board shall 

2 act on those matters referred to it by the chairman and 

3 on any matter raised by a member of the Board. 

4 ‘‘(e) STAFF.—The Board shall be supported by a 

5 staff consisting of one full-time officer from each of the 

6 reserve components listed in paragraphs (1) through (6) 

7 of section 10101 of this title who holds the grade of colo8 nel, or in the case of the Navy the grade of captain, or 

9 who has been selected for promotion to that grade. These 

10 officers shall also serve as liaisons between their respective 

11 components and the Board. They shall perform their staff 

12 and liaison duties under the supervision of the Military 

13 Executive in an independent manner reflecting the inde14 pendent nature of the Board. 

15 ‘‘(f) RELATIONSHIP TO SERVICE RESERVE POLICY

16 COMMITTEES AND BOARDS.—This section does not affect 

17 the committees and boards prescribed within the military 

18 departments by sections 10302 through 10305 of this 

19 title, and a member of such a committee or board may, 

20 if otherwise eligible, be a member of the Reserve Forces 

21 Policy Board. 

22 ‘‘(g) INAPPLICABILITY OF FEDERAL ADVISORY COM23 MITTEE ACT.—The Federal Advisory Committee Act (5 

24 U.S.C. App.) shall not apply to the Board. 


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1 ‘‘(h) EMPLOYEE STATUS AND COMPENSATION.—(1) 

2 A member of the Board appointed under paragraph (1) 

3 or (6) of subsection (b) who is not, by reason of service 

4 other than service with the Board, an employee of the Fed5 eral Government or a member of the armed forces shall 

6 not be considered a Federal Government employee by rea7 son of service on the Board except for the purposes of 

8 the following provisions of law: 

9 ‘‘(A) Chapter 57 of title 5, relating to travel 

10 and transportation. 

11 ‘‘(B) Chapter 81 of title 5, relating to com12 pensation for work-related injuries. 

13 ‘‘(C) Chapter 171 of title 28 and any other 

14 Federal statute relating to tort liability. 

15 ‘‘(D) Chapter 73 of title 5, sections 201, 202, 

16 203, 205, 207, 208, and 209 of title 18, and the 

17 Ethics in Government Act of 1978 (5 U.S.C. App.), 

18 relating to employee conduct, ethics, conflict of in19 terest, and corruption. 

20 ‘‘(E) If the individual receives compensation 

21 under paragraph (2), applicable provisions of sub22 chapters II and VIII of chapter 55 of title 5 (relat23 ing to pay withholdings and settlement of accounts), 

24 section 459 of the Social Security Act (42 U.S.C. 

25 659) (relating to garnishment for child support and 


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1 alimony), and general employment laws that apply to 

2 the compensation of both Federal and non-Federal 

3 employees, such as the Federal Insurance Contribu4 tions Act. 

5 ‘‘(2) A member of the Board described in para6 graph (1) shall serve without compensation unless 

7 the Secretary of Defense approves payment of a rate 

8 of pay, subject to the limitation in section 5373 of 

9 title 5.’’. 

10 (b) BOARD MEMBERSHIP TRANSITION PROVISION.— 

11 The members of the Reserve Forces Policy Board as of 

12 the date of the enactment of this Act shall continue to 

13 serve on the Board in accordance with their respective 

14 terms of service as of such date, and except to ensure that 

15 the positions of chairman and military executive of the 

16 Board continue to be filled, and to ensure that the reserve 

17 components listed in paragraphs (1) through (7) of section 

18 10101 of title 10, United States Code, continue to have 

19 representation, no appointment or designation of a mem20 ber of the Board may be made after such date until the 

21 number of voting members of the Board is fewer than 18. 

22 Once the number of voting members is fewer than 18, va23 cancies in the Board membership shall be filled in accord24 ance with section 10301 of title 10, United States Code, 

25 as amended by subsection (a). 


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1 (c) REVISION TO ANNUAL REPORT REQUIREMENT.— 

2 Section 113(c)(2) of title 10, United States Code, is 

3 amended by striking ‘‘the reserve programs of the Depart4 ment of Defense and on any other matters’’ and inserting 

5 ‘‘on any National Guard and reserve component matter’’. 

6 TITLE VI—COMPENSATION AND 

7 OTHER PERSONNEL BENEFITS 

8 Subtitle A—Pay and Allowances 

9 SEC. 601. REPEAL OF MANDATORY HIGH-DEPLOYMENT AL10 LOWANCE. 

11 (a) REPEAL OF AUTHORITY FOR PAYMENT OF HIGH12 DEPLOYMENT ALLOWANCE.— 

13 (1) IN GENERAL.—Section 436 of title 37, 

14 United States Code, is repealed. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 7 of such title is 

17 amended by striking the item relating to section 

18 436. 

19 (b) REPEAL OF REQUIREMENTS RELATING TO MAN20 AGEMENT OF DEPLOYMENT OF MEMBERS.— 

21 (1) IN GENERAL.—Section 991 of title 10, 

22 United States Code, is repealed. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 50 of such title is 


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1 amended by striking the item relating to section 

2 991. 

3 SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEM4 BER COUPLES WHEN ONE IS ON SEA DUTY. 

5 (a) IN GENERAL.—Subparagraph (C) of section 

6 403(f)(2) of title 37, United States Code, is amended to 

7 read as follows: 

8 ‘‘(C) Notwithstanding section 421 of this 

9 title, a member of a uniformed service in a pay 

10 grade below pay grade E–6 who is assigned to 

11 sea duty and is married to another member of 

12 a uniformed service is entitled to a basic allow13 ance for housing subject to the limitations of 

14 subsection (e).’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall take effect on January 1, 2011. 

17 Subtitle B—Bonuses and Special 

18 and Incentive Pays 

19 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

20 SPECIAL PAY AUTHORITIES FOR RESERVE 

21 FORCES. 

22 The following sections of title 37, United States 

23 Code, are amended by striking ‘‘December 31, 2010’’ and 

24 inserting ‘‘December 31, 2011’’: 


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1 (1) Section 308b(g), relating to Selected Re2 serve 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 Re9 serve enlistment bonus for persons without prior 

10 service. 

11 (5) Section 308h(e), relating to Ready Reserve 

12 enlistment and reenlistment bonus for persons with 

13 prior service. 

14 (6) Section 308i(f), relating to Selected Reserve 

15 enlistment and reenlistment bonus for persons with 

16 prior service. 

17 (7) Section 910(g), relating to income replace18 ment payments for reserve component members ex19 periencing extended and frequent mobilization for 

20 active duty service. 

21 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

22 SPECIAL PAY AUTHORITIES FOR CERTAIN 

23 HEALTH CARE PROFESSIONALS. 

24 (a) TITLE 10 AUTHORITIES.—The following sections 

25 of title 10, United States Code, are amended by striking 


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1 ‘‘December 31, 2010’’ and inserting ‘‘December 31, 

2 2011’’: 

3 (1) Section 2130a(a)(1), relating to nurse offi4 cer candidate accession program. 

5 (2) Section 16302(d), relating to repayment of 

6 education loans for certain health professionals who 

7 serve in the Selected Reserve. 

8 (b) TITLE 37 AUTHORITIES.—The following sections 

9 of title 37, United States Code, are amended by striking 

10 ‘‘December 31, 2010’’ and inserting ‘‘December 31, 

11 2011’’: 

12 (1) Section 302c–1(f), relating to accession and 

13 retention bonuses for psychologists. 

14 (2) Section 302d(a)(1), relating to accession 

15 bonus for registered nurses. 

16 (3) Section 302e(a)(1), relating to incentive 

17 special pay for nurse anesthetists. 

18 (4) Section 302g(e), relating to special pay for 

19 Selected Reserve health professionals in critically 

20 short wartime specialties. 

21 (5) Section 302h(a)(1), relating to accession 

22 bonus for dental officers. 

23 (6) Section 302j(a), relating to accession bonus 

24 for pharmacy officers. 


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1 (7) Section 302k(f), relating to accession bonus 

2 for medical officers in critically short wartime spe3 cialties. 

4 (8) Section 302l(g), relating to accession bonus 

5 for dental specialist officers in critically short war6 time specialties. 

7 (9) Section 335(k), relating to special bonus 

8 and incentive pay authorities for officers in health 

9 professions. 

10 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

11 BONUS AUTHORITIES FOR NUCLEAR OFFI12 CERS. 

13 The following sections of title 37, United States 

14 Code, are amended by striking ‘‘December 31, 2010’’ and 

15 inserting ‘‘December 31, 2011’’: 

16 (1) Section 312(f), relating to special pay for 

17 nuclear-qualified officers extending period of active 

18 service. 

19 (2) Section 312b(c), relating to nuclear career 

20 accession bonus. 

21 (3) Section 312c(d), relating to nuclear career 

22 annual incentive bonus. 

23 (4) Section 333(i), relating to special bonus and 

24 incentive pay authorities for nuclear officers. 


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1 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT2 ING TO PAYMENT OF OTHER TITLE 37 BO3 NUSES AND SPECIAL PAY. 

4 The following sections of title 37, United States 

5 Code, are amended by striking ‘‘December 31, 2010’’ and 

6 inserting ‘‘December 31, 2011’’: 

7 (1) Section 301b(a), relating to aviation officer 

8 retention bonus. 

9 (2) Section 307a(g), relating to assignment in10 centive pay. 

11 (3) Section 308(g), relating to reenlistment 

12 bonus for active members. 

13 (4) Section 309(e), relating to enlistment 

14 bonus. 

15 (5) Section 324(g), relating to accession bonus 

16 for new officers in critical skills. 

17 (6) Section 326(g), relating to incentive bonus 

18 for conversion to military occupational specialty to 

19 ease personnel shortage. 

20 (7) Section 327(h), relating to incentive bonus 

21 for transfer between armed forces. 

22 (8) Section 329(j), relating to incentive bonus 

23 for retired members and reserve component mem24 bers volunteering for high-demand, low-density as25 signments. 


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1 (9) Section 330(f), relating to accession bonus 

2 for officer candidates. 

3 (10) Section 331(h), relating to general bonus 

4 authority for enlisted members. 

5 (11) Section 332(g), relating to general bonus 

6 authority for officers. 

7 (12) Section 334(i), relating to special aviation 

8 incentive pay and bonus authorities for officers. 

9 (13) Section 351(i), relating to hazardous duty 

10 pay. 

11 (14) Section 352(g), relating to assignment pay 

12 or special duty pay. 

13 (15) Section 353(j), relating to skill incentive 

14 pay or proficiency bonus. 

15 (16) Section 355(i), relating to retention incen16 tives for members qualified in critical military skills 

17 or assigned to high priority units. 

18 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT19 ING TO PAYMENT OF REFERRAL BONUSES. 

20 The following sections of title 10, United States 

21 Code, are amended by striking ‘‘December 31, 2010’’ and 

22 inserting ‘‘December 31, 2011’’: 

23 (1) Section 1030(i), relating to health profes24 sions referral bonus. 


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1 (2) Section 3252(h), relating to Army referral 

2 bonus. 

3 SEC. 616. INELIGIBLITY OF CERTAIN FEDERAL GOVERN4 MENT EMPLOYEES FOR INCOME REPLACE5 MENT PAYMENTS. 

6 (a) INELIGIBILITY FOR PAYMENT.—Section 910(b) 

7 of title 37, United States Code, is amended by adding at 

8 the end the following new paragraph: 

9 ‘‘(3) A civilian employee of the Federal Govern10 ment is not entitled to a payment under this section 

11 for any period during which such employee is per12 forming active duty service that is covered by section 

13 5538 of title 5, or a similar benefit under another 

14 authority.’’. 

15 (b) EFFECTIVE DATE.—Paragraph (3) of such sec16 tion 910(b) of title 37, United States Code, as added by 

17 subsection (a), shall apply to payment for months begin18 ning on or after the date of the enactment of this Act. 

19 Subtitle C—Travel and 

20 Transportation Allowances 

21 SEC. 621. AUTHORIZED TRAVEL AND TRANSPORTATION 

22 FOR DESIGNATED PERSON ATTENDANCE AT 

23 YELLOW RIBBON REINTEGRATION EVENTS. 

24 (a) TRAVEL AND TRANSPORTATION AUTHORIZA25 TION.— 


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1 (1) IN GENERAL.—Chapter 7 of title 37, United 

2 States Code, is amended by inserting after section 

3 411k the following new section: 

4 ‘‘§ 411l. Travel and transportation: designated person 

5 at Yellow Ribbon Reintegration events 

6 ‘‘(a) AUTHORIZATION.—Under uniform regulations 

7 prescribed by the Secretaries concerned: 

8 ‘‘(1) Travel and transportation may be allowed 

9 for a person designated by a designating member of 

10 the uniformed services described in subsection (c), 

11 consistent with subsection (d), if the Secretary con12 cerned determines that the presence of such a des13 ignated person may contribute to the purposes of 

14 Yellow Ribbon Reintegration Program events au15 thorized under section 582 of the National Defense 

16 Authorization Act for Fiscal Year 2008 (Public Law 

17 110–181; 122 Stat. 122). 

18 ‘‘(2) A member of the uniformed services who 

19 is a designated person for purposes of this section 

20 may also be allowed travel and transportation au21 thorized in paragraph (1) of this subsection. 

22 ‘‘(b) DESIGNATED PERSON.—Subject to the discre23 tion of the Secretary concerned: 

24 ‘‘(1) The term ‘designated person’ means any 

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1 ber of the uniformed services described in subsection 

2 (c). 

3 ‘‘(2) A designation of a person for purposes of 

4 this section may be changed at any time. 

5 ‘‘(c) DESIGNATING MEMBER OF THE UNIFORMED

6 SERVICES.—A ‘designating member of the uniformed 

7 services’ means a member who may attend a Yellow Rib8 bon Reintegration Program event. 

9 ‘‘(d) AUTHORIZATION AND EXPENSES.— 

10 ‘‘(1) The travel and transportation authorized 

11 under subsection (a) applies to a designated person 

12 while away from their home or place of business for 

13 the purpose of attending a Yellow Ribbon Reintegra14 tion Program event. 

15 ‘‘(2) The expenses associated with the travel 

16 and transportation authorized under subsection (a) 

17 may be reimbursed as an actual and necessary travel 

18 expense or paid as an authorized per diem rate, or 

19 may be paid by using a combination thereof, but not 

20 to exceed the rates established under section 404(d) 

21 of this title.’’. 

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

23 at the beginning of such chapter is amended by inserting 

24 after the item related to section 411k the following new 

25 item: 


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‘‘411l. Travel and transportation: designated person at Yellow Ribbon Reintegration events.’’. 

1 Subtitle D—Retired Pay, Former 

2 Spouse, and Survivor Matters 

3 SEC. 631. EXPANSION OF ELIGIBILITY FOR CONCURRENT 

4 RECEIPT OF RETIRED PAY AND DISABILITY 

5 COMPENSATION. 

6 (a) PHASED EXPANSION.—Subsection (a) of section 

7 1414 of title 10, United States Code, is amended to read 

8 as follows: 

9 ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COM10 PENSATION.— 

11 ‘‘(1) IN GENERAL.—(A) Subject to subsection 

12 (b), a member or former member of the uniformed 

13 services who is entitled for any month to retired pay 

14 and who is also entitled for that month to veterans’ 

15 disability compensation for a qualifying service-con16 nected disability (hereinafter in this section referred 

17 to as a ‘qualified retiree’) is entitled to be paid both 

18 for that month without regard to sections 5304 and 

19 5305 of title 38. 

20 ‘‘(B) During the period beginning on January 

21 1, 2004, and ending on December 31, 2013, pay22 ment of retired pay to a qualified retiree is subject 

23 to subsection (c), except that payment of retired pay 

24 is subject to subsection (c) only during the period 


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1 beginning on January 1, 2004, and ending on De2 cember 31, 2004, in the case of the following: 

3 ‘‘(i) A qualified retiree receiving veterans’ 

4 disability compensation for a disability rated as 

5 100 percent. 

6 ‘‘(ii) A qualified retiree receiving veterans’ 

7 disability compensation at the rate payable for 

8 a 100 percent disability by reason of a deter9 mination of individual unemployability. 

10 ‘‘(C) Notwithstanding subsection (c), on or 

11 after January 1, 2011, a qualified retiree described 

12 in subparagraph (2)(B) or (2)(C) is entitled to pay13 ment of both retired pay and compensation under 

14 this subsection, subject to subsection (b). 

15 ‘‘(2) QUALIFYING SERVICE-CONNECTED DIS16 ABILITY.—In this section, the term ‘qualifying serv17 ice-connected disability’ means— 

18 ‘‘(A) in the case of a member or former mem19 ber who is receiving retired pay under any provision 

20 of law other than chapter 61 of this title or who is 

21 receiving retired pay under chapter 61 of this title 

22 and who is also otherwise entitled to retired pay 

23 under any other section of this title, a service-con24 nected disability or combination of service-connected 


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1 disabilities that is rated as not less than 50 percent 

2 disabling by the Secretary of Veterans Affairs; 

3 ‘‘(B) in the case of a member or former mem4 ber who is receiving retired pay under chapter 61 of 

5 this title and who is not also otherwise entitled to 

6 retired pay under any other section of this title, a 

7 service-connected disability or combination of serv8 ice-connected disabilities that is rated at the dis9 abling level specified by the Secretary of Veterans 

10 Affairs and is effective on or after the following 

11 dates: 

12 ‘‘(i) January 1, 2011, rated 100 per13 cent, or a rate payable at 100 percent by 

14 reason of individual unemployability or 

15 rated 90 percent; 

16 ‘‘(ii) January 1, 2012, rated 80 per17 cent or 70 percent; and 

18 ‘‘(iii) January 1, 2013, rated 60 per19 cent or 50 percent; and 

20 ‘‘(C) in the case of a member or former 

21 member who is receiving retired pay under 

22 chapter 61 regardless of being otherwise enti23 tled to retired pay under any other section of 

24 this title, a service-connected disability or com25 bination of service-connected disabilities that is 


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1 rated at the disabling level specified by the Sec2 retary of Veterans Affairs and is effective on or 

3 after the following dates: 

4 ‘‘(i) January 1, 2014, rated 40 per5 cent or 30 percent; and 

6 ‘‘(ii) January 1, 2015, any rating.’’. 

7 (b) SPECIAL RULES MODIFICATION.—Subsection (b) 

8 of such section is amended to read as follows: 

9 ‘‘(b) SPECIAL RULES FOR CHAPTER 61 DISABILITY

10 RETIREES.— 

11 ‘‘(1) GENERAL RULE.—The retired pay of a 

12 member retired under chapter 61 of this title is sub13 ject to reduction under sections 5304 and 5305 of 

14 title 38, but only to the extent that the amount of 

15 the member’s retired pay under chapter 61 of this 

16 title exceeds the amount of retired pay to which the 

17 member would have been entitled under any other 

18 provision of law based upon the member’s service in 

19 the uniformed services if the member had not been 

20 retired under chapter 61 of this title. 

21 ‘‘(2) SPECIAL RULE FOR CHAPTER 61 RETIREES

22 NOT OTHERWISE ENTITLED TO RETIRED PAY.—The 

23 retired pay of a member retired under chapter 61 of 

24 this title who is not otherwise entitled to retired pay 

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1 duction under sections 5304 and 5305 of title 38, 

2 but only to the extent that the amount of the mem3 ber’s retired pay under chapter 61 of this title exceeds the amount equal to 21 4 ⁄2 percent of the mem5 ber’s years of creditable service multiplied by the 

6 member’s retired pay base under section 1406(b)(1) 

7 or 1407 of this title, whichever is applicable to the 

8 member.’’. 

9 (c) CONFORMING AMENDMENT.—Subsection (c) of 

10 such section is amended by striking ‘‘the second sentence’’ 

11 and inserting ‘‘subparagraph (A)’’. 

12 (d) CLERICAL AMENDMENTS.— 

13 (1) SECTION HEADING.—The heading of such 

14 section is amended to read as follows: 

15 ‘‘§ 1414. Concurrent payment of retired pay and vet16 erans’ disability compensation’’. 

17 (2) TABLE OF SECTIONS.—The item relating to 

18 such section in the table of sections at the beginning 

19 of chapter 71 of such title is amended to read as fol20 lows: 

‘‘1414. Concurrent payment of retired pay and veterans’ disability compensation.’’. 

21 SEC. 632. AUTHORIZATION TO SUBMIT APPLICATION FOR 

22 DIRECT PAYMENT. 

23 (a) PERMIT APPLICATION FOR DIRECT PAYMENT BY

24 MEMBER.—Section 1408(d) of title 10, United States 


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1 Code, is amended in the first sentence of paragraph (1) 

2 by inserting ‘‘by a member or former member or the 

3 spouse or former spouse of such member’’ after ‘‘the Sec4 retary concerned’’. 

5 (b) CONDITIONS FOR DIRECT PAYMENT.—Section 

6 1408(d) of such title is further amended by adding at the 

7 end the following new paragraph: 

8 ‘‘(8) A former spouse who accepts payment 

9 shall be deemed— 

10 ‘‘(A) to have consented and agreed to the 

11 recovery of any future overpayments, including 

12 recovery by involuntary collection from the 

13 former spouse or his or her estate; and 

14 ‘‘(B) to have agreed to give prompt notice 

15 in writing to the Secretary if— 

16 ‘‘(i) the operative court order upon 

17 which payment is based is vacated, modi18 fied, or set aside; 

19 ‘‘(ii) the former spouse is ineligible for 

20 alimony for any reason, including remar21 riage, if all or a part of the payment is for 

22 alimony; or 

23 ‘‘(iii) the former spouse is ineligible 

24 for child support payments for any reason, 

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1 tion, or attainment of majority of a child 

2 whose support is provided through direct 

3 payment to a former spouse from retired 

4 pay.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to applications for direct payment 

7 of retired pay submitted to the Secretary concerned after 

8 the end of the 90-day period beginning on the date of en9 actment of this Act. 

10 SEC. 633. SURVIVOR BENEFIT PLAN: EXTENSION OF PE11 RIOD FOR ELECTION DEEMED TO HAVE BEEN 

12 MADE. 

13 (a) IN GENERAL.—Section 1450(f)(3)(C) of title 10, 

14 United States Code, is amended by striking ‘‘one year’’ 

15 and inserting ‘‘five years’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 this section shall apply with respect to divorces, dissolu18 tions, annulments, or legal separations that become effec19 tive after the end of the 90-day period beginning on the 

20 date of enactment of this Act. 

21 SEC. 634. PROHIBIT COURT-ORDERED PAYMENTS BEFORE 

22 RETIREMENT BASED ON IMPUTATION OF RE23 TIRED PAY. 

24 (a) AUTHORITY.—Section 1408(c)(3) of title 10, 

25 United States Code, is amended— 


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1 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

2 (2) by adding at the end the following new sub3 paragraph: 

4 ‘‘(B) A court may not order a member to 

5 make payments based upon an imputation of a 

6 property interest in future retired pay of any 

7 kind to a spouse or former spouse before the 

8 date of the member’s actual retirement.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall apply to final court orders or court 

11 orders seeking enforcement of prior final decrees issued 

12 on or after the date of the enactment of this Act. 

13 SEC. 635. AUTHORITY FOR MULTIPLE BENEFICIARY DES14 IGNATIONS UNDER SURVIVOR BENEFIT 

15 PLAN. 

16 (a) PERMIT SPOUSE AND FORMER SPOUSE COV17 ERAGE.—Section 1448(b)(2) of title 10, United States 

18 Code, is amended— 

19 (1) in subparagraph (B)— 

20 (A) by striking ‘‘prevents payment’’ and 

21 inserting ‘‘reduces the amount’’; and 

22 (B) by striking ‘‘including payment’’ and 

23 inserting ‘‘including the amount of an annuity’’; 

24 and 


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1 (2) in subparagraph (C), by striking ‘‘which 

2 former spouse is to be provided the annuity’’ and in3 serting ‘‘the base amount applicable in determining 

4 the amount of the annuity of each former spouse’’. 

5 (b) PERMIT SPOUSE AND FORMER SPOUSE ANNU6 ITIES.—Section 1450(a)(1) of such title is amended to 

7 read as follows: 

8 ‘‘(1) SURVIVING SPOUSE AND FORMER

9 SPOUSE.—The eligible surviving spouse and every el10 igible former spouse.’’. 

11 (c) PERMIT REDUCTIONS IN RETIRED PAY IN THE

12 CASE OF MULTIPLE BENEFICIARIES.—Section 1452 of 

13 such title is amended by adding at the end the following 

14 new subsection: 

15 ‘‘(k) REDUCTIONS IN RETIRED PAY IN THE CASE OF

16 MULTIPLE BENEFICIARIES.—When a participant in the 

17 Plan has elected to provide an annuity to a spouse and 

18 to one or more former spouses, reductions in retired pay 

19 required by subsection (a) shall be made for each annuity 

20 elected, in an amount based on the base amount applicable 

21 to each annuity. In the case of a reduction in retired pay 

22 to provide an annuity to a former spouse to whom pay23 ment of a portion of a member’s retired pay is being made 

24 pursuant to a court order under section 1408 of this title, 

25 such reduction in retired pay shall be deducted from the 


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1 amounts paid to such member, to such former spouse, or 

2 both, as provided by court order or by agreement of the 

3 parties.’’. 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 subsections (a), (b), and (c) apply with respect to elections 

6 made on or after the date of enactment of this Act. Any 

7 election to provide an annuity to a spouse or former 

8 spouse who was prevented from being a beneficiary under 

9 the laws in effect before the date of enactment of this Act 

10 shall be made within 180 days following the date of enact11 ment of this Act. 

12 (e) COVERAGE FOR SURVIVORS OF RETIREMENT-EL13 IGIBLE MEMBERS WHO DIE ON ACTIVE DUTY.—(1) Sec14 tion 1448(d) of such title is amended— 

15 (A) in paragraph (3), by striking ‘‘the Sec16 retary—(A) may not pay an annuity under 

17 paragraph (1) or (2); but (B)’’ and inserting 

18 ‘‘the Secretary’’; and 

19 (B) by amending paragraph (5) to read as 

20 follows: 

21 ‘‘(5) COMPUTATION.—(A) The amount of an 

22 annuity payable to a former spouse pursuant to 

23 paragraph (3) shall be computed on the basis of a 

24 base amount equal to the amount of retired pay 

25 that, under the authority of section 1408(c) of this 


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1 title, is treated under a court order or spousal agree2 ment as the property of such former spouse. 

3 ‘‘(B) The amount of an annuity payable under 

4 paragraph (1) or (2) shall be computed under sec5 tion 1451(c) of this title; however, the retired pay 

6 otherwise applicable with respect to such computa7 tion shall be reduced by an amount equal to the base 

8 amount that provides the basis for computing the 

9 amount of an annuity payable to a former spouse 

10 under paragraph (3) of this subsection.’’. 

11 (2) EFFECTIVE DATE.—The amendments made by 

12 paragraph (1) shall apply with respect to survivors of re13 tirement-eligible members who die on active duty on or 

14 after the date of enactment of this Act. 

15 (f) COVERAGE FOR SURVIVORS OF PERSONS DYING

16 WHEN ELIGIBLE TO ELECT RESERVE-COMPONENT AN17 NUITY.—(1) Section 1448(f) of such title is amended— 

18 (A) in paragraph (3), by striking ‘‘the Sec19 retary—(A) may not pay an annuity under 

20 paragraph (1) or (2); but (B)’’ and inserting 

21 ‘‘the Secretary’’; and 

22 (B) by amending paragraph (4) to read as 

23 follows: 

24 ‘‘(4) COMPUTATION.—(A) The amount of an 

25 annuity payable to a former spouse pursuant to 


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1 paragraph (3) shall be computed on the basis of a 

2 base amount equal to the amount of retired pay 

3 that, under the authority of section 1408(c) of this 

4 title, is treated under a court order or spousal agree5 ment as the property of such former spouse. 

6 ‘‘(B) The amount of an annuity payable under 

7 paragraph (1) or (2) shall be computed under sec8 tion 1451(c) of this title; however, the retired pay 

9 otherwise applicable with respect to such computa10 tion shall be reduced by an amount equal to the base 

11 amount that provides the basis for computing the 

12 amount of an annuity payable to a former spouse 

13 under paragraph (3) of this subsection.’’. 

14 (2) EFFECTIVE DATE.—The amendments made by 

15 paragraph (1) shall apply with respect to survivors of per16 sons eligible to elect reserve-component annuity retire17 ment-eligible members who die on or after the date of en18 actment of this Act. 

19 SEC. 636. AUTHORITY FOR DESIGNATION OF RESPONSI20 BILITY FOR PAYMENT OF PREMIUMS FOR 

21 COVERAGE UNDER SURVIVOR BENEFIT PLAN. 

22 (a) SPOUSE AND FORMER SPOUSE ANNUITIES.—Sec23 tion 1452(a) of title 10, United States Code, is amended— 


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1 (1) in paragraph (1), by inserting ‘‘paragraph 

2 (6) of this subsection or’’ after ‘‘Except as provided 

3 in’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(6) COURT ORDER.—If a court order requires 

7 the former spouse to pay all or a part of the costs 

8 associated with providing an annuity to the former 

9 spouse, the participant’s retired pay shall not be re10 duced by the portion that the former spouse is re11 quired to pay. The portion of Plan costs that a 

12 former spouse is required to pay pursuant to a 

13 Court order under this paragraph must either be 

14 paid by direct remittance or as a deduction from the 

15 former spouse’s share of the member’s retired pay 

16 that is received by direct payment pursuant to sec17 tion 1408 of this title.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 this section shall apply with respect to divorces, dissolu20 tions, annulments, or legal separations that become effec21 tive after the end of the 90-day period beginning on the 

22 date of enactment of this Act. 


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1 SEC. 637. ESTABLISHMENT OF PRESUMPTIVE PROPOR2 TIONATE SHARE FOR FORMER SPOUSE SUR3 VIVOR ANNUITY UNDER SURVIVOR BENEFIT 

4 PLAN. 

5 (a) PRESUMPTIVE BASE AMOUNT FOR FORMER

6 SPOUSE.—Section 1447(6) of title 10, United States 

7 Code, is amended by adding at the end the following new 

8 subparagraph: 

9 ‘‘(D) PRESUMPTIVE PROPORTIONATE

10 AMOUNT FOR FORMER SPOUSE.—In the case of 

11 an annuity provided under the Plan for a 

12 former spouse, unless otherwise agreed to by 

13 the member and former spouse or ordered by a 

14 court, such term means any amount of monthly 

15 retired pay, which is not less than $300, pay16 able to such former spouse as a result of a 

17 court treating disposable retired pay of a mem18 ber as the property of the member and his 

19 spouse under the authority of section 1408(c).’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply with respect to divorces, dissolu22 tions, annulments, and legal separations that become ef23 fective after the end of the 90-day period beginning on 

24 the date of enactment of this Act. 


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1 TITLE VII—HEALTH CARE 

2 PROVISIONS 

3 Subtitle A—Health Care 

4 Administration 

5 SEC. 701. CLARIFICATION OF LICENSURE REQUIREMENTS 

6 APPLICABLE TO MILITARY HEALTH-CARE 

7 PROFESSIONALS WHO ARE MEMBERS OF THE 

8 NATIONAL GUARD PERFORMING DUTY WHILE 

9 IN TITLE 32 STATUS. 

10 Section 1094(d) of title 10, United States Code, is 

11 amended— 

12 (1) in paragraph (1), by inserting ‘‘or (3)’’ 

13 after ‘‘paragraph (2)’’; 

14 (2) in paragraph (2), by inserting ‘‘as being de15 scribed in this paragraph’’ after ‘‘paragraph (1)’’; 

16 and 

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

18 paragraph: 

19 ‘‘(3) A health-care professional referred to in 

20 paragraph (1) as being described in this paragraph 

21 is a member of the National Guard who— 

22 ‘‘(A) has a current license to practice med23 icine, osteopathic medicine, dentistry, or an24 other health profession; and 


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1 ‘‘(B) is performing training or duty under 

2 title 32 in response to an actual or potential 

3 disaster.’’. 

4 SEC. 702. HEALTH PROFESSIONS FINANCIAL ASSISTANCE 

5 PROGRAM FOR CIVILIANS. 

6 (a) HEALTH PROFESSIONS FINANCIAL ASSISTANCE

7 PROGRAM.—Chapter 105 of title 10, United States Code, 

8 is amended— 

9 (1) by redesignating subchapter II as sub10 chapter III; and 

11 (2) by inserting after subchapter I the following 

12 new subchapter: 

13 ‘‘SUBCHAPTER II—HEALTH PROFESSIONS 

14 SCHOLARSHIP AND FINANCIAL ASSISTANCE 

15 PROGRAM FOR CIVILIANS 

‘‘Sec. 

‘‘2129. Definitions. 

‘‘2129a. Establishment. 

‘‘2129b. Eligibility for participation. 

‘‘2129c. Scholarships and financial assistance: payments. 

‘‘2129d. Recipients of financial assistance: service agreements. 

‘‘2129e. Recipients of financial assistance: employment by Department of Defense. 

‘‘2129f. Expiration of authority under this subchapter. 

16 ‘‘§ 2129. Definitions 

17 ‘‘In this subchapter: 

18 ‘‘(1) The term ‘program’ means the Depart19 ment of Defense Health Professions Scholarship and 

20 Financial Assistance Program for Civilians provided 

21 for in this subchapter. 


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1 ‘‘(2) The term ‘member of the program’ means 

2 a person who has been selected into the Department 

3 of Defense Health Professions Scholarship and Fi4 nancial Assistance Program for Civilians. 

5 ‘‘(3) The term ‘course of study’ means edu6 cation received on a full-time basis at an accredited 

7 college, university, or institution in medicine, den8 tistry, or other health profession, leading to a degree 

9 related to the health professions as determined 

10 under regulations prescribed by the Secretary of De11 fense. 

12 ‘‘(4) The term ‘specialized training’ means ad13 vanced training in a health professions specialty re14 ceived in an accredited program that is beyond the 

15 basic education required for designation as a health 

16 professional. 

17 ‘‘(5) The term ‘healthcare occupations’ includes 

18 medical, dental, licensed clinical professionals (such 

19 as licensed clinical social workers and clinical psy20 chologists), and other healthcare related occupa21 tional specialties as determined by the Secretary of 

22 Defense or the Secretary of a military department as 

23 critical for meeting the health care needs of mem24 bers or their families, for medical, behavioral, occu25 pational or other illnesses or injuries. 


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1 ‘‘§ 2129a. Establishment 

2 ‘‘(a) For the purpose of obtaining adequate numbers 

3 of qualified civilian employees in the various health profes4 sions, the Secretary of each military department, under 

5 regulations prescribed by the Secretary of Defense, may 

6 establish and maintain a health professions scholarship 

7 and financial assistance program for civilians. 

8 ‘‘(b) The Secretary of each military department shall 

9 review requirements within the various healthcare occupa10 tions on an annual basis and shall annually publish a list 

11 of those healthcare occupations for which applications will 

12 be accepted by that military department under the pro13 gram for that fiscal year. 

14 ‘‘(c) The program shall consist of courses of study 

15 and specialized training in designated health professions, 

16 and include the required internships, residencies, and 

17 other service in Department of Defense designated med18 ical facilities. 

19 ‘‘§ 2129b. Eligibility for participation 

20 ‘‘Under the program under this subchapter, the Sec21 retary of a military department may award a scholarship 

22 in accordance with this subchapter to a person who— 

23 ‘‘(1) is a citizen of the United States; 

24 ‘‘(2) is accepted for admission to an accredited 

25 institution of higher learning to pursue a course of 

26 study that will lead to an undergraduate or graduate 


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1 degree that would qualify the person to be employed 

2 in an occupation identified pursuant to section 

3 2129a(b) of this title or is already pursuing such a 

4 course of study; and 

5 ‘‘(3) enters into a service agreement with the 

6 Secretary as described in section 2129d of this title. 

7 ‘‘§ 2129c. Scholarships and financial assistance: pay8 ments 

9 ‘‘(a) The amount of financial assistance provided 

10 under a scholarship awarded to a person under this sub11 chapter shall be an amount determined by the Secretary 

12 of the military department concerned for educational ex13 penses, and expenses incurred by that person, including 

14 tuition, fees, cost of books, laboratory expenses, and equip15 ment expenses. 

16 ‘‘(b) The Secretaries of the military departments may 

17 contract with an accredited civilian educational institution 

18 for the payment of tuition and other educational expenses 

19 of members of the program authorized by this subchapter. 

20 Payment to such institutions may be made without regard 

21 to subsections (a) and (b) of section 3324 of title 31. 

22 ‘‘(c) In addition to a scholarship, a member of the 

23 program may be entitled to a stipend at a monthly rate 

24 established by the Secretary of Defense in addition to the 

25 expenses in subsection (a), but not to exceed a total of 


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1 $12,000 per year. The maximum amount of the stipend 

2 may be increased annually by the Secretary of Defense, 

3 effective July 1 of each year. 

4 ‘‘(d) A person participating as a member of the pro5 gram in specialized training may be paid a grant in an 

6 amount up to $2,500 per year in addition to the stipend 

7 under subsection (d). The maximum amount of the grant 

8 may be increased annually by the Secretary of Defense, 

9 effective July 1 of each year. 

10 ‘‘(e) Financial assistance provided under this sub11 chapter may be paid directly to the recipient or to an ad12 ministering entity for disbursement of the funds. 

13 ‘‘(f) Financial assistance may not be provided under 

14 this subchapter to or on behalf of a person who is consid15 ered to be an employee, as that term is defined at section 

16 2105 of title 5. 

17 ‘‘§ 2129d. Recipients of financial assistance: service 

18 agreements 

19 ‘‘(a) SERVICE AGREEMENTS.— 

20 ‘‘(1) To receive financial assistance under this 

21 subchapter, the person shall enter into a written 

22 agreement to accept and continue employment in the 

23 Department of Defense in a qualifying healthcare 

24 occupation for the period of obligated service deter25 mined under subsection (b). 


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1 ‘‘(2) Each service agreement under this section 

2 shall include a requirement that, unless sooner re3 moved from the program, the recipient of the finan4 cial assistance will— 

5 ‘‘(A) complete the educational phase of the 

6 program; 

7 ‘‘(B) participate in an intern program 

8 within the Department of Defense if selected 

9 for such participation; and 

10 ‘‘(C) participate in a residency program 

11 within the Department of Defense if selected 

12 for such participation. 

13 ‘‘(b) OBLIGATED SERVICE.—For the purposes of this 

14 subchapter, the period of obligated service to be specified 

15 in an agreement under this section for a recipient of finan16 cial assistance under this subchapter shall be the period 

17 determined by the Secretary of Defense as being appro18 priate to obtain adequate service in exchange for such fi19 nancial assistance. The period of the service obligation re20 quired of a recipient shall be continuous and shall, at a 

21 minimum, be equal to the amount of time for which such 

22 financial assistance was provided. The period of obligated 

23 service under an agreement under this section is in addi24 tion to any other period for which the recipient is obligated 

25 to serve in the civilian service of the United States. 


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1 ‘‘(c) ADDITIONAL TERMS AND CONDITIONS.—An 

2 agreement entered into under this section by a person pur3 suing an academic degree shall include any terms and con4 ditions that the Secretary of Defense or the Secretary of 

5 the military department concerned determine necessary to 

6 protect the interests of the United States or to be other7 wise appropriate for carrying out this subchapter, includ8 ing flexibility in determining the geographic location of the 

9 position in which the period of obligated service will be 

10 performed. 

11 ‘‘(d) REIMBURSEMENT FOR PERIOD OF UNSERVED

12 OBLIGATED SERVICE.— 

13 ‘‘(1) A member of the program under this sub14 chapter who fails to complete the educational pro15 gram for which financial assistance has been pro16 vided under this subchapter, or fails to maintain sat17 isfactory academic progress as determined in accord18 ance with regulations prescribed by the Secretary of 

19 Defense, or fails to carry out the terms of a service 

20 agreement entered into by that individual under this 

21 subchapter, shall reimburse to the United States an 

22 appropriate amount, as determined by the Secretary 

23 of the military department concerned. 

24 ‘‘(2) An obligation to reimburse to the United 

25 States an amount paid to a person as a member of 


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1 the program that is imposed under paragraph (1) is 

2 for all purposes a debt owed to the United States. 

3 ‘‘(3) The Secretary of Defense may waive, in 

4 whole or in part, a reimbursement required under 

5 paragraph (1) if the Secretary determines that re6 covery would be against equity and good conscience 

7 or would be contrary to the best interests of the 

8 United States. 

9 ‘‘(4) A discharge in bankruptcy under title 11 

10 that is entered less than five years after the termi11 nation of an agreement under this subchapter does 

12 not discharge the person signing such agreement 

13 from a debt arising under such agreement or under 

14 this subchapter. 

15 ‘‘§ 2129e. Recipients of financial assistance: employ16 ment by Department of Defense 

17 ‘‘(a) The Secretary of Defense— 

18 ‘‘(1) may, without regard to any provision of 

19 title 5 governing appointment of employees to posi20 tions in the Department of Defense, appoint to a po21 sition in the Department of Defense in the excepted 

22 service a person who has successfully completed an 

23 academic program for which a scholarship under this 

24 section was awarded and who, under the terms of 

25 the agreement for such scholarship, owes a civil 


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1 service commitment to the Department at the time 

2 of such appointment; and 

3 ‘‘(2) may, upon satisfactory completion of two 

4 years of substantially continuous service by an in5 cumbent who was appointed to an excepted service 

6 position under the authority of paragraph (1), con7 vert the appointment of such person, without com8 petition, to a career or career conditional appoint9 ment in the competitive service. 

10 ‘‘(b) If there is no appropriate position available with11 in the Department of Defense after the end of the period 

12 covered by financial assistance, the service agreement be13 tween the Department of Defense and the scholarship or 

14 fellowship recipient shall terminate with no adverse impact 

15 to the recipient. 

16 ‘‘§ 2129f. Expiration of authority under this sub17 chapter 

18 ‘‘The authority to provide scholarships under this 

19 subchapter shall expire on September 30, 2015.’’. 

20 (b) TECHNICAL AMENDMENTS.— 

21 (1) Chapter 105 of such title is further amend22 ed— 

23 (A) in the chapter heading, by striking the 

24 first two words after the chapter designation; 

25 and 


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1 (B) in the table of subchapters at the be2 ginning of such chapter, by striking the item re3 lating to subchapter II and inserting the fol4 lowing: 

‘‘II. Health Professions Scholarship and Financial Assistance Program 

for Civilians ................................................................... 2129

‘‘III. Nurse Officer Candidate Accession Program .................................. 2130a’’. 

5 (2) The tables of chapters at the beginning of 

6 subtitle A, and at the beginning of part III of sub7 title A, of such title are each amended by striking 

8 the first two words in the item relating to chapter 

9 105. 

10 SEC. 703. AGE FOR HEALTH CARE PROFESSIONAL APPOINT11 MENTS AND MANDATORY RETIREMENTS. 

12 (a) AGE FOR ORIGINAL APPOINTMENT AS A HEALTH

13 PROFESSIONS OFFICER.—Section 532(d)(2) of title 10, 

14 United States Code, is amended by striking ‘‘reserve’’. 

15 (b) MANDATORY RETIREMENT AGE FOR HEALTH

16 PROFESSIONS OFFICERS.— 

17 (1) ADDITIONAL CATEGORIES OF OFFICERS EL18 IGIBLE FOR DEFERRAL OF MANDATORY RETIRE19 MENT FOR AGE.—Paragraph (2) of section 1251(b) 

20 of such title is amended— 

21 (A) by striking ‘‘or’’ at the end of subpara22 graph (B); 

23 (B) by striking the period at the end of 

24 subparagraph (C) and inserting ‘‘; or’’; and 


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1 (C) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(D) an officer in a category of officers 

4 designated by the Secretary concerned for the 

5 purposes of this paragraph as consisting of offi6 cers whose duties consist primarily of (i) pro7 viding health care, (ii) performing other clinical 

8 care, or (iii) performing health-care related ad9 ministrative duties.’’. 

10 (2) CONFORMING AMENDMENT.—Paragraph (1) 

11 of such section is amended by inserting before the 

12 period at the end the following: ‘‘or, in the case of 

13 an officer who is a health professions officer for pur14 poses of this subsection by reason of paragraph 

15 (2)(D), the officer will be performing duties con16 sisting primarily of providing health care (in the 

17 case of an officer in a class of officers designated 

18 under clause (i) of such paragraph), performing 

19 other clinical care (in the case of an officer in a 

20 class of officers designated under clause (ii) of such 

21 paragraph), or performing health-care related ad22 ministrative duties (in the case of an officer in a 

23 class of officers designated under clause (iii) of such 

24 paragraph)’’. 


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1 SEC. 704. REIMBURSEMENT FOR COSTS OF HEALTH CARE 

2 PROVIDED TO INELIGIBLE INDIVIDUALS WHO 

3 ARE DEPENDENTS OR FORMER DEPEND4 ENTS. 

5 (a) REIMBURSEMENT AUTHORITY.—Section 1073 of 

6 title 10, United States Code, is amended by adding at the 

7 end the following new subsection: 

8 ‘‘(c) RESPONSIBILITY OF MEMBER.—(1) For pur9 poses of eligibility for health care services under this chap10 ter for a dependent of a member or former member, it 

11 is the responsibility of the member or former member to 

12 ensure that accurate and up-to-date information, including 

13 notification of any change in eligibility status, is provided 

14 to the Secretary concerned. 

15 ‘‘(2)(A) In the event that the Secretary concerned in16 curs costs in providing health care services to an individual 

17 not eligible under this chapter for such services due to the 

18 unexcused failure of a member or former member to com19 ply with the member’s or former member’s responsibility 

20 under paragraph (1), the member or former member shall 

21 reimburse the Secretary concerned for such costs. Such 

22 a failure may be excused by the Secretary concerned if 

23 the member or former member demonstrates to the satis24 faction of the Secretary concerned that such failure was 

25 due to no fault of the member or former member. 


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1 ‘‘(B) Any amount collected by the Secretary con2 cerned under this subsection shall be credited to the ap3 propriation available for health care services for the fiscal 

4 year in which such amount is collected. 

5 ‘‘(C) A member or former member administratively 

6 determined to be indebted to the United States under this 

7 subsection is a jointly and severally liable with the indi8 vidual provided care and with any other party with legal 

9 responsibility for reimbursing the Secretary for the costs 

10 of such care. Administrative establishment of a debt under 

11 this subsection, or collection of an amount by the Sec12 retary concerned under this subsection, shall not affect 

13 any rights of the Secretary to collect costs of providing 

14 health care services from an individual ineligible under 

15 this chapter for such care or from collecting the costs of 

16 such care from other parties with legal responsibility for 

17 reimbursing the Secretary for the costs of such care. 

18 Excusal by the Secretary concerned of responsibility of a 

19 member or former member shall not affect any rights of 

20 the Secretary to collect costs of providing health care serv21 ices from an individual ineligible under this chapter for 

22 such care or from collecting the costs of such care from 

23 other parties with legal responsibility for reimbursing the 

24 Secretary for the costs of such care. 


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1 ‘‘(3) An administratively determined debt of a mem2 ber or former member under this subsection may be col3 lected through any means authorized by law. Such means 

4 may include a deduction (including deduction from pay 

5 under section 1007 of title 37) from any pay, retired pay, 

6 or other amount to which the member or former member 

7 is otherwise entitled. In the case of any deduction from 

8 pay or retired pay under this paragraph, the reduction 

9 shall be in an amount determined appropriate by the Sec10 retary concerned, but may not exceed one-half of the 

11 amount to which the member or former member is other12 wise entitled.’’. 

13 (b) EFFECTIVE DATE.—Subsection (c)(2) of section 

14 1073 of title 10, United States Code, as added by sub15 section (a), shall apply to costs incurred by the Secretary 

16 concerned for health care services after the date of the 

17 enactment of this Act. 

18 SEC. 705. CLARIFICATION OF AUTHORITY FOR TRANSFER 

19 OF MEDICAL RECORDS FROM THE DEPART20 MENT OF DEFENSE TO THE DEPARTMENT OF 

21 VETERANS AFFAIRS. 

22 (a) IN GENERAL.—Section 1614(b)(11) of the 

23 Wounded Warrior Act (title XVI of Public Law 110–181; 

24 122 Stat. 445; 10 U.S.C. 1071 note) is amended by insert25 ing before the period at the end the following: ‘‘or that 


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1 such transfer is otherwise authorized by the regulations 

2 implementing such Act’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall be effective as if included in section 

5 1614 of such Act as enacted on January 28, 2008. 

6 Subtitle B—Other Matters 

7 SEC. 711. UPDATED TERMINOLOGY FOR THE MEDICAL 

8 SERVICE CORPS. 

9 Section 3068(a)(5) of title 10, United States Code, 

10 is amended— 

11 (1) in subparagraph (A), by striking ‘‘Phar12 macy, Supply, and Administration’’ and inserting 

13 ‘‘Administrative Health Services’’; 

14 (2) in subparagraph (C), by striking ‘‘Sanitary 

15 Engineering’’ and inserting ‘‘Preventive Medicine 

16 Sciences’’; and 

17 (3) in subparagraph (D), by striking ‘‘Optom18 etry’’ and inserting ‘‘Clinical Health Sciences’’. 


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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Amendments to Gen6 eral Contracting Authorities, 

7 Procedures, and Limitation 

8 SEC. 801. REPEAL OF SMALL BUSINESS COMPETITIVENESS 

9 DEMONSTRATION PROGRAM. 

10 Sections 702 through 722 of the Small Business 

11 Competitiveness Demonstration Program Act of 1988 (15 

12 U.S.C. 644 note) are repealed. 

13 SEC. 802. PERMANENT AUTHORITY FOR DEFENSE ACQUISI14 TION CHALLENGE PROGRAM. 

15 Section 2359b of title 10, United States Code, is 

16 amended by striking subsections (j) and (k). 

17 SEC. 803. INCREASE IN AMOUNT OF DISCRETIONARY TECH18 NICAL ASSISTANCE AUTHORIZED UNDER 

19 SMALL BUSINESS INNOVATION RESEARCH 

20 PROGRAM. 

21 Section 9(q) of the Small Business Act (15 U.S.C. 

22 638(q)) is amended— 

23 (1) in paragraph (2), by inserting ‘‘or vendors’’ 

24 after ‘‘vendor’’; and 

25 (2) in paragraph (3)— 


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1 (A) by striking ‘‘$4,000’’ in subparagraph 

2 (A) and inserting ‘‘$5,000’’; and 

3 (B) by striking subparagraph (B) and in4 serting the following: 

5 ‘‘(B) SECOND PHASE.—Each agency re6 ferred to in paragraph (1) may directly provide 

7 to any second phase SBIR award recipient serv8 ices described in paragraph (1), or may author9 ize any such recipient to purchase such services 

10 with funds available from their SBIR awards, 

11 in an amount equal to not more than $5,000 

12 per year, per award.’’. 

13 SEC. 804. LIMITED AUTHORITY UNDER SMALL BUSINESS IN14 NOVATION RESEARCH AND SMALL BUSINESS 

15 TECHNOLOGY TRANSFER PROGRAMS TO USE 

16 PROGRAM FUNDS FOR ADMINISTRATIVE AND 

17 PROGRAM MANAGEMENT COSTS. 

18 Section 9 of the Small Business Act (15 U.S.C. 638) 

19 is amended— 

20 (1) in subsection (f)(2)(A), by striking ‘‘any’’ 

21 and inserting ‘‘more than 3.0 percent’’; and 

22 (2) in subsection (n)(2)(A), by striking ‘‘any’’ 

23 and inserting ‘‘more than 3.0 percent’’. 


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1 SEC. 805. REVISION AND FOUR-YEAR EXTENSION OF TEST 

2 PROGRAM FOR NEGOTIATION OF COM3 PREHENSIVE SMALL BUSINESS SUBCON4 TRACTING PLANS. 

5 (a) REVISION OF PROGRAM.—Subsection (b) of sec6 tion 834 of the National Defense Authorization Act for 

7 Fiscal Years 1990 and 1991 (Public Law 101–189; 15 

8 U.S.C. 637 note) is amended by adding at the end the 

9 following new paragraph: 

10 ‘‘(4) No contractor may be approved as a new 

11 participant in the program after the date of the en12 actment of the National Defense Authorization Act 

13 for Fiscal Year 2011.’’. 

14 (b) FOUR-YEAR EXTENSION OF PROGRAM.—Sub15 section (e) of such section is amended by striking ‘‘Sep16 tember 30, 2010’’ and inserting ‘‘September 30, 2014’’. 

17 SEC. 806. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR 

18 DEFENSE ACQUISITION PROGRAMS UNDER 

19 VARIOUS ACQUISITION-RELATED REQUIRE20 MENTS. 

21 (a) REPORTING REQUIREMENTS.—Section 2430a(b) 

22 of title 10, United States Code, is amended— 

23 (1) by inserting ‘‘(1)’’ before ‘‘If the Sec24 retary’’; 

25 (2) by redesignating paragraphs (1) and (2) as 

26 subparagraphs (A) and (B), respectively; 


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1 (3) in subparagraph (A), as so redesignated, by 

2 inserting ‘‘(other than as provided in paragraph 

3 (2))’’ before the semicolon; and 

4 (4) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) For a major defense acquisition program 

7 for which a designation of a major subprogram has 

8 been made under subsection (a), unit costs under 

9 this chapter are not required for the major defense 

10 acquisition program as a whole, but shall be sub11 mitted at the designated major subprogram level.’’. 

12 (b) CONFORMING AMENDMENTS TO SECTION

13 2366a.—Section 2366a of such title is amended— 

14 (1) in subsections (a), (b)(1), and (b)(2), by in15 serting ‘‘or designated major subprogram’’ after 

16 ‘‘major defense acquisition program’’; and 

17 (2) in subsection (c)— 

18 (A) by redesignating paragraphs (2), (3), 

19 (4), and (5) as paragraphs (3), (4), (5), and 

20 (6), respectively; and 

21 (B) by inserting after paragraph (1) the 

22 following new paragraph (2): 

23 ‘‘(2) The term ‘designated major subprogram’ 

24 means a major subprogram of a major defense acVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 quisition program as designated under section 

2 2430a(a)(1) of this title.’’. 

3 (c) CONFORMING AMENDMENTS TO SECTION

4 2366b.—Section 2366b of such title is amended— 

5 (1) in subsections (a), (b)(1), and (c)(1)— 

6 (A) by inserting ‘‘or designated major sub7 program’’ after ‘‘major defense acquisition pro8 gram’’; and 

9 (B) by inserting ‘‘or subprogram’’ after 

10 ‘‘program’’ each place it appears (other than 

11 after ‘‘major defense acquisition program’’, 

12 after ‘‘future-years defense program’’, and after 

13 ‘‘space program’’); and 

14 (2) in subsection (g)— 

15 (A) by redesignating paragraphs (2), (3), 

16 and (4) as paragraphs (3), (4), and (5), respec17 tively; and 

18 (B) by inserting after paragraph (1) the 

19 following new paragraph (2): 

20 ‘‘(2) The term ‘designated major subprogram’ 

21 means a major subprogram of a major defense ac22 quisition program as designated under section 

23 2430a(a)(1) of this title.’’. 

24 (d) CONFORMING AMENDMENTS TO SECTION

25 2399.—Section 2399(a)(2) of such title is amended— 


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

2 by inserting ‘‘that is designed for use in combat 

3 and’’ after ‘‘weapons system’’; 

4 (2) by striking ‘‘and’’ at the end of subpara5 graph (A) and inserting ‘‘or’’; and 

6 (3) by striking subparagraph (B) and inserting 

7 the following new subparagraph (B): 

8 ‘‘(B) is designated under section 

9 2430a(a)(1) of this title as a major subprogram 

10 of a major defense acquisition program.’’. 

11 (e) CONFORMING AMENDMENTS TO SECTION

12 2434.—Section 2434(a) of such title is amended— 

13 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 

14 Defense’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) The provisions of this section shall apply 

18 to any major subprogram of a major defense acquisi19 tion program (as designated under section 

20 2430a(a)(1) of this title) in the same manner as 

21 those provisions apply to a major defense acquisition 

22 program, and any reference is this section to a pro23 gram shall be treated as including such a subpro24 gram.’’. 


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1 Subtitle B—Other Matters 

2 SEC. 811. FIVE-YEAR EXTENSION OF DEPARTMENT OF DE3 FENSE MENTOR-PROTE ́ GE ́ PROGRAM. 

4 (a) EXTENSION OF PROGRAM.—Subsection (j) of sec5 tion 831 of the National Defense Authorization Act for 

6 Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 

7 note), is amended— 

8 (1) in paragraph (1), by striking ‘‘September 

9 30, 2010’’ and inserting ‘‘September 30, 2015’’; and 

10 (2) in paragraph (2), by striking ‘‘September 

11 30, 2013’’ and inserting ‘‘September 30, 2018’’. 

12 (b) EXTENSION OF REQUIREMENT FOR ANNUAL RE13 PORT.—Subsection (l)(3) of such section is amended by 

14 striking ‘‘2010’’ and inserting ‘‘2015’’. 

15 SEC. 812. AUTHORITY FOR WORKING-CAPITAL FUNDED 

16 ARMY INDUSTRIAL FACILITIES AND ARSE17 NALS TO SELL ARTICLES AND SERVICES OUT18 SIDE THE DEPARTMENT OF DEFENSE. 

19 (a) REVISION OF AUTHORITY TO SELL ARTICLES

20 AND SERVICES.—Paragraph (2) of section 2563(a) of title 

21 10, United States Code, is amended to read as follows: 

22 ‘‘(2) Articles and services referred to in para23 graph (1) are articles and services that are manufac24 tured or performed by any working-capital funded 

25 industrial facility of the armed forces.’’. 


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1 (b) CONFORMING REPEAL OF LIMITATIONS ON SALE

2 OF MANUFACTURED ARTICLES OR SERVICES BY ARMY IN3 DUSTRIAL FACILITIES.—(1) Section 4543 of such title is 

4 repealed. 

5 (2) The table of sections at the beginning of chapter 

6 433 of such title is amended by striking the item relating 

7 to section 4543. 

8 SEC. 813. CLARIFICATION OF REQUIREMENTS FOR HAND 

9 OR MEASURING TOOLS. 

10 Section 2533a(c) of title 10, United States Code, is 

11 amended by striking ‘‘subsection (b)(1)’’ and inserting 

12 ‘‘subsection (b)’’. 

13 TITLE IX—DEPARTMENT OF DE14 FENSE ORGANIZATION AND 

15 MANAGEMENT 

16 SEC. 901. 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 

24 of Defense are hereby redesignated as Assistant Secre25 taries of Defense as follows: 


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1 (1) The Director of Defense Research and En2 gineering is redesignated as the Assistant Secretary 

3 of 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 

10 Secretary of Defense for Cost Assessment and Pro11 gram Evaluation. 

12 (4) The Assistant to the Secretary of Defense 

13 for Nuclear and Chemical and Biological Defense 

14 Programs is redesignated as the Assistant Secretary 

15 of Defense for Nuclear, Chemical, and Biological 

16 Defense Programs. 

17 (b) AMENDMENTS TO CHAPTER 4 OF TITLE 10 RE18 LATING 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 com2 posed of the following: 

3 ‘‘(1) The Deputy Secretary of Defense. 

4 ‘‘(2) The Under Secretaries of Defense, as fol5 lows: 

6 ‘‘(A) The Under Secretary of Defense for 

7 Acquisition, Technology, and Logistics. 

8 ‘‘(B) The Under Secretary of Defense for 

9 Policy. 

10 ‘‘(C) The Under Secretary of Defense 

11 (Comptroller). 

12 ‘‘(D) The Under Secretary of Defense for 

13 Personnel and Readiness. 

14 ‘‘(E) The Under Secretary of Defense for 

15 Intelligence. 

16 ‘‘(3) The Deputy Chief Management Officer of 

17 the Department of Defense. 

18 ‘‘(4) The Principal Deputy Under Secretaries of 

19 Defense. 

20 ‘‘(5) The Assistant Secretaries of Defense. 

21 ‘‘(6) Other officers who are appointed by the 

22 President, by and with the advice and consent of the 

23 Senate, as follows: 

24 ‘‘(A) The Director of Operational Test and 

25 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 

9 Department of Defense policy relating to miss10 ing persons. 

11 ‘‘(B) The official designated under section 

12 1781 of this title to have responsibility for De13 partment of Defense policy related to military 

14 families. 

15 ‘‘(C) The official designated under section 

16 2228(a) of this title to have responsibility for 

17 Department of Defense policy related to the 

18 prevention and mitigation of corrosion of the 

19 military equipment and infrastructure of the 

20 Department of Defense. 

21 ‘‘(D) The officials designated under sub22 sections (a) and (b) of section 2438(a) of this 

23 title to have responsibility, respectively, for de24 velopmental test and evaluation and for systems 

25 engineering. 


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1 ‘‘(E) The official designated under section 

2 2438a(a) of this title to have responsibility for 

3 conducting and overseeing performance assess4 ments and root cause analyses for major de5 fense acquisition programs. 

6 ‘‘(F) The Director of Small Business Pro7 grams, provided for under section 2508 of this 

8 title. 

9 ‘‘(8) Such other offices and officials as may be 

10 established by law or the Secretary of Defense may 

11 establish or designate in the Office.’’. 

12 (3) PRINCIPAL DEPUTY UNDER SECRETARIES

13 OF DEFENSE.—Section 137a is amended— 

14 (A) in subsections (a)(1), (b), and (d), by 

15 striking ‘‘Deputy Under’’ each place it appears 

16 and inserting ‘‘Principal Deputy Under’’; 

17 (B) in subsection (a)(2), by striking ‘‘(A) 

18 The’’ and all that follows through ‘‘(5) of sub19 section (c)’’ and inserting ‘‘The Principal Dep20 uty Under Secretaries of Defense’’; 

21 (C) in subsection (c)— 

22 (i) by striking ‘‘One of the Deputy’’ in 

23 paragraphs (1), (2), (3), (4), and (5) and 

24 inserting ‘‘One of the Principal Deputy’’; 


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1 (ii) by striking ‘‘appointed’’ and all 

2 that follows through ‘‘this title’’ in para3 graphs (1), (2), and (3); 

4 (iii) by striking ‘‘shall be’’ in para5 graphs (4) and (5) and inserting ‘‘is’’; and 

6 (iv) by adding at the end of para7 graph (5) the following new sentence: ‘‘Any 

8 individual nominated for appointment as 

9 the Principal Deputy Under Secretary of 

10 Defense for Intelligence shall have exten11 sive intelligence expertise.’’; and 

12 (D) by adding at the end of subsection (d) 

13 the following new sentence: ‘‘The Principal 

14 Deputy Under Secretaries take precedence 

15 among themselves in the order prescribed by 

16 the Secretary of Defense.’’. 

17 (4) ASSISTANT SECRETARIES OF DEFENSE.— 

18 Section 138 is amended— 

19 (A) in subsection (a)— 

20 (i) by striking ‘‘12’’ and inserting 

21 ‘‘17’’; and 

22 (ii) by striking ‘‘(A) The’’ and all that 

23 follows through ‘‘The other’’ and inserting 

24 ‘‘The’’; 

25 (B) in subsection (b)— 


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1 (i) by striking ‘‘shall be’’ in para2 graphs (2), (3), (4), (5), and (6) and in3 serting ‘‘is’’; 

4 (ii) by striking ‘‘appointed pursuant 

5 to section 138a of this title’’ in paragraph 

6 (7); and 

7 (iii) by adding at the end the fol8 lowing new paragraphs: 

9 ‘‘(8) One of the Assistant Secretaries is the As10 sistant Secretary of Defense for Research and Engi11 neering. In addition to any duties and powers pre12 scribed under paragraph (1), the Assistant Secretary 

13 of Defense for Research and Engineering shall have 

14 the duties specified in section 138b of this title. 

15 ‘‘(9) One of the Assistant Secretaries is the As16 sistant Secretary of Defense for Operational Energy 

17 Plans and Programs. In addition to any duties and 

18 powers prescribed under paragraph (1), the Assist19 ant Secretary of Defense for Operational Energy 

20 Plans and Programs shall have the duties specified 

21 in section 138c of this title. 

22 ‘‘(10) One of the Assistant Secretaries is the 

23 Assistant Secretary of Defense for Cost Assessment 

24 and Program Evaluation. In addition to any duties 

25 and powers prescribed under paragraph (1), the AsVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 sistant Secretary of Defense for Cost Assessment 

2 and Program Evaluation shall have the duties speci3 fied in section 138d of this title. 

4 ‘‘(11) One of the Assistant Secretaries is the 

5 Assistant Secretary of Defense for Nuclear, Chem6 ical, and Biological Defense Programs. In addition 

7 to any duties and powers prescribed under para8 graph (1), the Assistant Secretary of Defense for 

9 Nuclear, Chemical, and Biological Defense Programs 

10 shall have the duties specified in section 138e of this 

11 title.’’; and 

12 (C) in subsection (d), by striking ‘‘and the 

13 Director of Defense Research and Engineering’’ 

14 and inserting ‘‘the Deputy Chief Management 

15 Officer of the Department of Defense, and the 

16 Principal Deputy Under Secretaries of De17 fense’’. 

18 (5) ASSISTANT SECRETARY FOR LOGISTICS AND

19 MATERIEL READINESS.—Section 138a(a) is amend20 ed— 

21 (A) by striking ‘‘There is a’’ and inserting 

22 ‘‘The’’; and 

23 (B) by striking ‘‘, appointed from civilian 

24 life by the President, by and with the advice 


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1 and consent of the Senate. The Assistant Sec2 retary’’. 

3 (6) ASSISTANT SECRETARY FOR RESEARCH AND

4 ENGINEERING.—Section 139a is transferred so as to 

5 appear after section 138a, redesignated as section 

6 138b, and amended— 

7 (A) by striking subsection (a); 

8 (B) by redesignating subsections (b) and 

9 (c) as subsections (a) and (b), respectively; 

10 (C) in subsection (a), as so redesignated, 

11 by striking ‘‘Director of Defense’’ and inserting 

12 ‘‘Assistant Secretary of Defense for’’; and 

13 (D) in subsection (b), as so redesignated— 

14 (i) in paragraph (1), by striking ‘‘Di15 rector of Defense Research and Engineer16 ing, in consultation with the Director of 

17 Developmental Test and Evaluation’’ and 

18 inserting ‘‘Assistant Secretary of Defense 

19 for Research and Engineering, in consulta20 tion with the official designated under sec21 tion 2438(a) of this title to have responsi22 bility for developmental test and evaluation 

23 functions’’; and 


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1 (ii) in paragraph (2), by striking ‘‘Di2 rector’’ and inserting ‘‘Assistant Sec3 retary’’. 

4 (7) ASSISTANT SECRETARY FOR OPERATIONAL

5 ENERGY PLANS AND PROGRAMS.—Section 139b is 

6 transferred so as to appear after section 138b (as 

7 transferred and redesignated by paragraph (6)), re8 designated as section 138c, and amended— 

9 (A) in subsection (a), by striking ‘‘There is 

10 a’’ and all that follows through ‘‘The Director’’ 

11 and inserting ‘‘The Assistant Secretary of De12 fense for Operational Energy Plans and Pro13 grams’’; 

14 (B) by striking ‘‘Director’’ each place it 

15 appears and inserting ‘‘Assistant Secretary’’; 

16 (C) in subsection (d)(2)— 

17 (i) by striking ‘‘Not later than’’ and 

18 all that follows through ‘‘military depart19 ments’’ and inserting ‘‘The Secretary of 

20 each military department’’; 

21 (ii) by striking ‘‘who will’’ and insert22 ing ‘‘who shall’’; and 

23 (iii) by inserting ‘‘so designated’’ after 

24 ‘‘The officials’’; and 


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1 (D) in subsection (d)(4), by striking ‘‘The 

2 initial’’ and all that follows through ‘‘updates to 

3 the strategy’’ and inserting ‘‘Updates to the 

4 strategy required by paragraph (1)’’. 

5 (8) ASSISTANT SECRETARY FOR COST ASSESS6 MENT AND PROGRAM EVALUATION.—Section 139c is 

7 transferred so as to appear after section 138c (as 

8 transferred and redesignated by paragraph (7)), re9 designated as section 138d, and amended— 

10 (A) by striking subsection (a); 

11 (B) by redesignating subsection (b) as sub12 section (a) and in that subsection— 

13 (i) striking ‘‘Director of’’ in para14 graph (1) and inserting ‘‘Assistant Sec15 retary of Defense for’’; and 

16 (ii) striking ‘‘Director’’ each place it 

17 appears in paragraphs (1)(A), (1)(B), and 

18 (2) and inserting ‘‘Assistant Secretary’’; 

19 (C) by striking subsection (c) and inserting 

20 the following: 

21 ‘‘(b) RESPONSIBILITY FOR SPECIFIED FUNCTIONS.— 

22 There shall be within the office of the Assistant Secretary 

23 the following: 

24 ‘‘(1) An official with primary responsibility for 

25 cost assessment. 


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1 ‘‘(2) An official with primary responsibility for 

2 program evaluation.’’; and 

3 (D) by redesignating subsection (d) as sub4 section (c) and in that subsection striking ‘‘Di5 rector of’’ in the matter preceding paragraph 

6 (1) and inserting ‘‘Assistant Secretary of De7 fense for’’. 

8 (9) ASSISTANT SECRETARY FOR NUCLEAR, 

9 CHEMICAL, AND BIOLOGICAL DEFENSE PROGRAMS.— 

10 Section 142 is transferred so as to appear after sec11 tion 138d (as redesignated and transferred by para12 graph (8)), redesignated as section 138e, and 

13 amended— 

14 (A) by striking subsection (a); 

15 (B) by striking ‘‘(b) The Assistant to the 

16 Secretary’’ and inserting ‘‘The Assistant Sec17 retary of Defense for Nuclear, Chemical, and 

18 Biological Defense Programs’’; and 

19 (C) by striking subsection (c). 

20 (c) OTHER AMENDMENTS TO CHAPTER 4 OF TITLE

21 10.—Chapter 4 of title 10, United States Code, is further 

22 amended as follows: 

23 (1) OFFICE OF THE SECRETARY OF DE24 FENSE.—Section 131(a) is amended by striking 

25 ‘‘his’’ and inserting ‘‘the Secretary’s’’. 


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1 (2) DEPUTY SECRETARY.—Section 132 is 

2 amended— 

3 (A) by striking the second sentence of sub4 section (c); and 

5 (B) by redesignating the second subsection 

6 (d) as subsection (e). 

7 (3) DEPUTY CHIEF MANAGEMENT OFFICER.— 

8 Such chapter is further amended by inserting after 

9 section 132 the following new section: 

10 ‘‘§ 132a. Deputy Chief Management Officer 

11 ‘‘(a) There is a Deputy Chief Management Officer of 

12 the Department of Defense, appointed from civilian life 

13 by the President, by and with the advice and consent of 

14 the Senate. 

15 ‘‘(b) The Deputy Chief Management Officer assists 

16 the Deputy Secretary of Defense in the Deputy Sec17 retary’s capacity as Chief Management Officer of the De18 partment of Defense under section 132(c) of this title. 

19 ‘‘(c) The Deputy Chief Management Officer takes 

20 precedence in the Department of Defense after the Sec21 retary of Defense, the Deputy Secretary of Defense, the 

22 Secretaries of the military departments, and the Under 

23 Secretaries of Defense.’’. 


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1 (4) UNDER SECRETARY OF DEFENSE (COMP2 TROLLER).—Section 135(c) is amended by striking 

3 ‘‘clauses’’ and inserting ‘‘paragraphs’’. 

4 (d) REPEAL OF POSITION TITLES SPECIFIED BY

5 LAW FOR STATUTORY POSITIONS RELATING TO DEVEL6 OPMENTAL TEST AND EVALUATION AND SYSTEMS ENGI7 NEERING.— 

8 (1) TRANSFER OF SECTION FROM CHAPTER 4

9 TO PROGRAMMATIC CHAPTER.—Section 139d of title 

10 10, United States Code, is transferred to chapter 

11 144, inserted after section 2437, and redesignated 

12 as section 2438. 

13 (2) DIRECTOR OF DEVELOPMENTAL TEST AND

14 EVALUATION.—Subsection (a) of such section is 

15 amended— 

16 (A) by striking ‘‘(a) DIRECTOR OF’’ and all 

17 that follows through paragraph (3) and insert18 ing the following: 

19 ‘‘(a) DEVELOPMENTAL TEST AND EVALUATION.— 

20 ‘‘(1) DESIGNATION OF RESPONSIBLE OFFI21 CIAL.—The Secretary of Defense shall designate, 

22 from among individuals with expertise in test and 

23 evaluation, an official to be responsible to the Sec24 retary and the Under Secretary of Defense for Ac25 quisition, Technology, and Logistics for developVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 mental test and evaluation in the Department of De2 fense. 

3 ‘‘(2) SUPERVISION.—The official designated 

4 under paragraph (1) shall report directly to an offi5 cial of the Department appointed from civilian life 

6 by the President, by and with the advice and consent 

7 of the Senate.’’; 

8 (B) by redesignating paragraphs (4), (5), 

9 (6), and (7) as paragraphs (3), (4), (5), and 

10 (6), respectively; 

11 (C) in paragraph (3), as so redesignated, 

12 by striking ‘‘DIRECTOR OF SYSTEMS ENGINEER13 ING’’ and all that follows through ‘‘Director of 

14 Systems Engineering’’ and inserting ‘‘SYSTEMS

15 ENGINEERING.—The official designated under 

16 paragraph (1) shall closely coordinate with the 

17 official designated under subsection (b)’’; 

18 (D) in paragraph (4), as so redesignated, 

19 by striking ‘‘Director’’ in the matter preceding 

20 subparagraph (A) and inserting ‘‘official des21 ignated under paragraph (1)’’; 

22 (E) in paragraph (5), as so redesignated— 

23 (i) by striking ‘‘Director has’’ and in24 serting ‘‘official designated under para25 graph (1) has’’; 


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1 (ii) by striking ‘‘Director considers’’ 

2 and inserting ‘‘designated official con3 siders’’; and 

4 (iii) by striking ‘‘the Director’s du5 ties’’ and inserting ‘‘that official’s duties’’; 

6 and 

7 (F) in paragraph (6), as so redesignated, 

8 by striking ‘‘serving as the Director of Develop9 mental Test and Evaluation’’ and inserting ‘‘of10 ficial designated under paragraph (1)’’. 

11 (3) DIRECTOR OF SYSTEMS ENGINEERING.— 

12 Subsection (b) of such section is amended— 

13 (A) by striking ‘‘(b) DIRECTOR OF’’ and all 

14 that follows through paragraph (3) and insert15 ing the following: 

16 ‘‘(b) SYSTEMS ENGINEERING.— 

17 ‘‘(1) DESIGNATION OF RESPONSIBLE OFFI18 CIAL.—The Secretary of Defense shall designate, 

19 from among individuals with expertise in systems en20 gineering, an official to be responsible to the Sec21 retary and the Under Secretary of Defense for Ac22 quisition, Technology, and Logistics for systems en23 gineering and development planning in the Depart24 ment of Defense. 


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1 ‘‘(2) SUPERVISION.—The official designated 

2 under paragraph (1) shall report directly to an offi3 cial of the Department appointed from civilian life 

4 by the President, by and with the advice and consent 

5 of the Senate.’’; 

6 (B) by redesignating paragraphs (4), (5), 

7 and (6) as paragraphs (3), (4), and (5), respec8 tively; 

9 (C) in paragraph (3), as so redesignated, 

10 by striking ‘‘DIRECTOR OF DEVELOPMENTAL

11 TEST AND EVALUATION’’ and all that follows 

12 through ‘‘Director of Developmental Test and 

13 Evaluation’’ and inserting ‘‘DEVELOPMENTAL

14 TEST AND EVALUATION.—The official des15 ignated under paragraph (1) shall closely co16 ordinate with the official designated under sub17 section (a)’’; 

18 (D) in paragraph (4), as so redesignated, 

19 by striking ‘‘Director’’ in the matter preceding 

20 subparagraph (A) and inserting ‘‘official des21 ignated under paragraph (1)’’; and 

22 (E) in paragraph (5), as so redesignated— 

23 (i) by striking ‘‘Director shall’’ and 

24 inserting ‘‘official designated under para25 graph (1) shall’’; 


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1 (ii) by striking ‘‘Director considers’’ 

2 and inserting ‘‘designated official con3 siders’’; and 

4 (iii) by striking ‘‘the Director’s du5 ties’’ and inserting ‘‘that official’s duties’’. 

6 (4) JOINT ANNUAL REPORT.—Subsection (c) of 

7 such section is amended in the matter preceding 

8 paragraph (1)— 

9 (A) by striking ‘‘beginning in 2010,’’; 

10 (B) by striking ‘‘Director of Developmental 

11 Test and Evaluation and the Director of Sys12 tems Engineering’’ and inserting ‘‘officials des13 ignated under subsections (a) and (b)’’; 

14 (C) by striking ‘‘subsections (a) and (b)’’ 

15 and inserting ‘‘those subsections’’; and 

16 (D) by inserting ‘‘such’’ after ‘‘Each’’. 

17 (5) JOINT GUIDANCE.—Subsection (d) of such 

18 section is amended in the matter preceding para19 graph (1)— 

20 (A) by striking ‘‘Director of Developmental 

21 Test and Evaluation and the Director of Sys22 tems Engineering’’ and inserting ‘‘officials des23 ignated under subsections (a) and (b)’’; and 


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1 (B) by striking ‘‘section 103 of the Weap2 on Systems Acquisition Reform Act of 2009’’ 

3 and inserting ‘‘section 2438a of this title’’. 

4 (6) REPEAL OF REDUNDANT DEFINITION.— 

5 Subsection (e) of such section is repealed. 

6 (e) CODIFICATION OF SECTION 103 OF WEAPON SYS7 TEMS ACQUISITION REFORM ACT OF 2009.— 

8 (1) CODIFICATION.—Chapter 144 of title 10, 

9 United States Code, is amended by inserting after 

10 section 2438 (as transferred and redesignated by 

11 subsection (d)), a new section 2438a consisting of— 

12 (A) a section heading as follows: 

13 ‘‘§ 2438a. Performance assessments and root cause 

14 analyses’’; 

15 and 

16 (B) a text consisting of the text of section 

17 103 of the Weapon Systems Acquisition Reform 

18 Act of 2009 (Public Law 111–23; 123 Stat. 

19 1715; 10 U.S.C. 2430 note), modified as speci20 fied in paragraph (2). 

21 (2) TECHNICAL AMENDMENTS DUE TO CODI22 FICATION.—The modifications referred to in para23 graph (1)(B) to the text specified in that paragraph 

24 are— 


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1 (A) in subsection (b)(2), by striking ‘‘sec2 tion 2433a(a)(1) of title 10, United States Code 

3 (as added by section 206(a) of this Act)’’ and 

4 inserting ‘‘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 ‘‘begin16 ning in 2010,’’. 

17 (f) TRANSFER OF SECTION PROVIDING FOR DIREC18 TOR OF SMALL BUSINESS PROGRAMS.—Section 144 of 

19 title 10, United States Code, is transferred to chapter 148, 

20 inserted after section 2507, and redesignated as section 

21 2508. 

22 (g) REPEAL OF STATUTORY REQUIREMENT FOR OF23 FICE FOR MISSING PERSONNEL IN OSD.—Section 

24 1501(a) of title 10, United States Code, is amended— 


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1 (1) by striking the subsection heading and in2 serting the following: ‘‘MISSING PERSONNEL OVER3 SIGHT.—’’; 

4 (2) in paragraph (1)— 

5 (A) by striking ‘‘establish within the Office 

6 of the Secretary of Defense an office’’ in the 

7 first sentence and inserting ‘‘designate within 

8 the Office of the Secretary of Defense an offi9 cial’’; 

10 (B) by striking the second sentence; and 

11 (C) by striking ‘‘of the office’’ and insert12 ing ‘‘of the official designated under this para13 graph’’; 

14 (3) in paragraph (2)— 

15 (A) by striking ‘‘of the office’’ the first 

16 place it appears; and 

17 (B) by striking ‘‘head of the office’’ and 

18 inserting ‘‘official designated under paragraph 

19 (1)’’; 

20 (4) in paragraphs (3) and (4), by striking ‘‘of21 fice’’ and inserting ‘‘designated official’’; and 

22 (5) in paragraph (5)— 

23 (A) in subparagraph (A)— 


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1 (i) by striking ‘‘office’’ both places it 

2 appears and inserting ‘‘designated offi3 cial’’; and 

4 (ii) by inserting before the period at 

5 the end the following: ‘‘to that official with 

6 respect to such designation’’; 

7 (B) in subparagraph (B)(i)— 

8 (i) by striking ‘‘to the office’’ and in9 serting ‘‘to support the functions of the 

10 designated official’’; and 

11 (ii) by inserting ‘‘or authorized’’ after 

12 ‘‘required’’; 

13 (C) in subparagraph (B)(ii)— 

14 (i) by striking ‘‘to the office’’ and in15 serting ‘‘to support the functions of the 

16 designated official’’; and 

17 (ii) by striking ‘‘of the office’’ and in18 serting ‘‘to support those functions’’; and 

19 (D) in subparagraph (C), by striking ‘‘of20 fice’’ and inserting ‘‘designated official’’. 

21 (h) REPEAL OF STATUTORY REQUIREMENT FOR OF22 FICE FOR FAMILY POLICY IN OSD.—Section 1781 of title 

23 10, United States Code, is amended— 

24 (1) by striking subsection (a); 


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1 (2) by striking ‘‘(b) DUTIES.—The Office—’’ 

2 and inserting ‘‘The Secretary of Defense shall des3 ignate within the Office of the Secretary of Defense 

4 an official to have responsibility for Department of 

5 Defense policy related to military families. The offi6 cial so designated—’’; and 

7 (3) by striking subsection (c). 

8 (i) REPEAL OF STATUTORY REQUIREMENT FOR OF9 FICE FOR CORROSION POLICY AND OVERSIGHT IN

10 OSD.—Section 2228 of title 10, United States Code, is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) by striking the subsection designation 

14 and all that follows through paragraph (2) and 

15 inserting the following: 

16 ‘‘(a) DESIGNATION OF RESPONSIBLE OFFICIAL.—(1) 

17 The Secretary of Defense shall designate, from among ci18 vilian employees of the Department of Defense with the 

19 qualifications described in paragraph (3), an official to be 

20 responsible to the Secretary of Defense and the Under 

21 Secretary of Defense for Acquisition, Technology, and Lo22 gistics for the prevention and mitigation of corrosion of 

23 the military equipment and infrastructure of the Depart24 ment of Defense. 


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1 ‘‘(2) The official designated under paragraph (1) 

2 shall report directly to an official of the Department ap3 pointed from civilian life by the President, by and with 

4 the advice and consent of the Senate.’’; 

5 (B) in paragraph (3), by striking ‘‘as6 signed to the position of Director’’ and insert7 ing ‘‘designated under paragraph (1)’’; and 

8 (C) in paragraph (4), by striking ‘‘of Di9 rector’’ and inserting ‘‘held by the official des10 ignated under paragraph (1)’’. 

11 (2) in subsection (b)— 

12 (A) by striking ‘‘Director of Corrosion Pol13 icy and Oversight (in this section referred to as 

14 the ‘Director’)’’ in paragraph (1) and inserting 

15 ‘‘official designated under subsection (a)’’; and 

16 (B) by striking ‘‘Director’’ in paragraphs 

17 (2), (3), (4), and (5) and inserting ‘‘designated 

18 official’’; 

19 (3) in subsection (c), by striking ‘‘ADDITIONAL

20 AUTHORITIES’’ and all that follows through ‘‘author21 ized to—’’ and inserting ‘‘AUTHORITIES.—The offi22 cial designated under subsection (a) may—’’; and 

23 (4) in subsection (e), by striking ‘‘beginning 

24 with the budget for fiscal year 2009,’’. 


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1 (j) REPEAL OF STATUTORY LIMITATION ON NUMBER

2 OF DEPUTY UNDER SECRETARIES OF DEFENSE.—Sec3 tion 906(a)(2) of the National Defense Authorization Act 

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

5 2426; 10 U.S.C. 137a note) is repealed. 

6 (k) CONFORMING AMENDMENTS TO TITLE 10.—Title 

7 10, United States Code, is amended as follows: 

8 (1) The following sections are amended by 

9 striking ‘‘Director of Cost Assessment and Program 

10 Evaluation’’ and inserting ‘‘Assistant Secretary of 

11 Defense for Cost Assessment and Program Evalua12 tion’’: sections 181(d), 2306b(i)(1)(B), 2366a(a)(4), 

13 2366a(a)(5), 2366b(a)(1)(C), 2433a(a)(2), 

14 2433a(b)(2)(C), 2434(b)(1)(A), and 2445c(f)(3). 

15 (2) Section 179(c) is amended— 

16 (A) by striking ‘‘Assistant to the Secretary 

17 of Defense for Nuclear and Chemical and Bio18 logical Defense Programs’’ in paragraphs (2) 

19 and (3) and inserting ‘‘Assistant Secretary of 

20 Defense for Nuclear, Chemical, and Biological 

21 Defense Programs’’; and 

22 (B) by striking ‘‘to the’’ in paragraph (3). 

23 (3) Section 2272 is amended by striking ‘‘Di24 rector of Defense Research and Engineering’’ each 


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1 place it appears and inserting ‘‘Assistant Secretary 

2 of Defense for Research and Engineering’’. 

3 (4) Section 2334 is amended— 

4 (A) by striking ‘‘Director of Cost Assess5 ment and Program Evaluation’’ each place it 

6 appears and inserting ‘‘Assistant Secretary of 

7 Defense for Cost Assessment and Program 

8 Evaluation’’; and 

9 (B) by striking ‘‘Director’’ each place it 

10 appears (other than as specified in subpara11 graph (A)) and inserting ‘‘Assistant Secretary’’. 

12 (5) Section 2365 is amended— 

13 (A) in subsection (a), by striking ‘‘Director 

14 of Defense Research and Engineering’’ and in15 serting ‘‘Assistant Secretary of Defense for Re16 search and Engineering’’; 

17 (B) in subsection (d)(1), by striking ‘‘Di18 rector’’ and inserting ‘‘Assistant Secretary’’; 

19 (C) in subsection (d)(2)— 

20 (i) by striking ‘‘Director of Defense 

21 Research and Engineering’’ and inserting 

22 ‘‘Assistant Secretary of Defense for Re23 search and Engineering’’; and 

24 (ii) by striking ‘‘Director may’’ and 

25 inserting ‘‘Assistant Secretary may’’; and 


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1 (D) in subsection (e), by striking ‘‘Direc2 tor’’ and inserting ‘‘Assistant Secretary’’. 

3 (6) Sections 2350a(g)(3), 2366b(a)(3)(D), 

4 2374a(a), and 2517(a) are amended by striking ‘‘Di5 rector of Defense Research and Engineering’’ and 

6 inserting ‘‘Assistant Secretary of Defense for Re7 search and Engineering’’. 

8 (7) Section 2902(b) is amended— 

9 (A) in paragraph (1), by striking ‘‘Deputy 

10 Under Secretary of Defense for Science and 

11 Technology’’ and inserting ‘‘official within the 

12 Office of the Assistant Secretary of Defense for 

13 Research and Engineering who is responsible 

14 for science and technology’’; and 

15 (B) in paragraph (3), by striking ‘‘Deputy 

16 Under Secretary of Defense’’ and inserting ‘‘of17 ficial within the Office of the Under Secretary 

18 of Defense for Acquisition, Technology, and Lo19 gistics who is’’. 

20 (l) OTHER CONFORMING AMENDMENTS.— 

21 (1) Section 214 of the National Defense Au22 thorization Act of Fiscal Year 2008 (10 U.S.C. 2521 

23 note) is amended by striking ‘‘Director of Defense 

24 Research and Engineering’’ and inserting ‘‘Assistant 


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1 Secretary of Defense for Research and Engineer2 ing’’. 

3 (2) Section 201(d) of the Weapon Systems Ac4 quisition Reform Act of 2009 (10 U.S.C. 181 note) 

5 is amended— 

6 (A) by striking ‘‘The Director of Cost As7 sessment and Program Evaluation’’ and insert8 ing ‘‘The Assistant Secretary of Defense for 

9 Cost Assessment and Program Evaluation’’; 

10 and 

11 (B) by striking ‘‘the Director’’ and insert12 ing ‘‘the Assistant Secretary’’. 

13 (m) SECTION HEADING AND CLERICAL AMEND14 MENTS.— 

15 (1) SECTION HEADING AMENDMENTS.—Title 

16 10, United States Code, is amended as follows: 

17 (A) The heading of section 137a is amend18 ed to read as follows: 

19 ‘‘§ 137a. Principal Deputy Under Secretaries of De20 fense’’. 

21 (B) The heading of section 138b, as trans22 ferred and redesignated by subsection (b)(6), is 

23 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 As12 sessment 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 1781 is amend20 ed to read as follows: 

21 ‘‘§ 1781. Family policy oversight’’. 

22 (G) The heading of section 2228 is amend23 ed to read as follows: 


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1 ‘‘§ 2228. Military equipment and infrastructure: pre2 vention and mitigation of corrosion’’. 

3 (H) The heading of section 2438 is amend4 ed to read as follows: 

5 ‘‘§ 2438. Developmental test and evaluation; systems 

6 engineering: designation of responsible 

7 officials; joint guidance’’. 

8 (2) CLERICAL AMENDMENTS.—Title 10, United 

9 States Code, is further amended as follows: 

10 (A) The table of sections at the beginning 

11 of chapter 4 is amended— 

12 (i) by inserting after the item relating 

13 to section 132 the following new item: 

‘‘132a. Deputy Chief Management Officer.’’; 

14 (ii) by striking the items relating to 

15 sections 133a, 134a, and 136a; 

16 (iii) by amending the item relating to 

17 section 137a to read as follows: 

‘‘137a. Principal Deputy Under Secretaries of Defense.’’; 

18 (iv) by inserting after the item relat19 ing to section 138a the following new 

20 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.’’; 


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1 and 

2 (v) by striking the items relating to 

3 sections 139a, 139b, 139c, 139d, 142, and 

4 144. 

5 (B) The item relating to section 1781 in 

6 the table of sections at the beginning of sub7 chapter I of chapter 88 is amended to read as 

8 follows: 

‘‘1781. Family policy oversight.’’. 

9 (C) The item relating to section 2228 in 

10 the table of sections at the beginning of chapter 

11 131 is amended to read as follows: 

‘‘2228. Military equipment and infrastructure: prevention and mitigation of corrosion.’’. 

12 (D) The table of sections at the beginning 

13 of chapter 144 is amended by inserting after 

14 the item relating to section 2437 the following 

15 new items: 

‘‘2438. Developmental test and evaluation; systems engineering: designation of 

responsible officials; joint guidance. 

‘‘2438a. Performance assessments and root cause analyses.’’. 

16 (E) The table of sections at the beginning 

17 of subchapter II of chapter 148 is amended by 

18 inserting after the item relating to section 2507 

19 the following new item: 

‘‘2508. Director of Small Business Programs.’’. 

20 (n) EXECUTIVE SCHEDULE AMENDMENTS.—Chapter 

21 53 of title 5, United States Code, is amended as follows: 


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1 (1) NUMBER OF ASSISTANT SECRETARY OF DE2 FENSE POSITIONS.—Section 5315 is amended by 

3 striking ‘‘Assistant Secretaries of Defense (12)’’ and 

4 inserting ‘‘Assistant Secretaries of Defense (17)’’. 

5 (2) POSITIONS REDESIGNATED AS ASSISTANT

6 SECRETARY POSITIONS.— 

7 (A) Section 5315 is further amended— 

8 (i) by striking ‘‘Director of Cost As9 sessment and Program Evaluation, De10 partment of Defense.’’; and 

11 (ii) by striking ‘‘Director of Defense 

12 Research and Engineering.’’. 

13 (B) Section 5316 is amended by striking 

14 ‘‘Assistant to the Secretary of Defense for Nu15 clear and Chemical and Biological Defense Pro16 grams.’’. 

17 (3) AMENDMENTS TO DELETE REFERENCES TO

18 POSITIONS IN SENIOR EXECUTIVE SERVICE.—Section 

19 5316 is further amended— 

20 (A) by striking ‘‘Director, Defense Ad21 vanced Research Projects Agency, Department 

22 of Defense.’’; 

23 (B) by striking ‘‘Deputy General Counsel, 

24 Department of Defense.’’; 


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1 (C) by striking ‘‘Deputy Under Secretaries 

2 of Defense for Research and Engineering, De3 partment of Defense (4).’’; and 

4 (D) by striking ‘‘Special Assistant to the 

5 Secretary of Defense.’’. 

6 (o) REFERENCES IN OTHER LAWS, ETC.—Any ref7 erence in any provision or law other than title 10, United 

8 States Code, or in any rule, regulation, or other paper of 

9 the United States, to any of the offices of the Department 

10 of Defense redesignated by subsection (a) shall be treated 

11 as referring to that office as so redesignated. 

12 (p) EFFECTIVE DATE.—The provisions of this sec13 tion and the amendments made by this section shall take 

14 effect on January 1, 2011, or on such earlier date for any 

15 of such provisions as may be prescribed by the Secretary 

16 of Defense. If the Secretary prescribes an earlier date for 

17 any of those provisions or amendments, the Secretary shall 

18 notify Congress in writing in advance of such date. 

19 SEC. 902. REPEAL OF PERSONNEL LIMITATIONS APPLICA20 BLE TO CERTAIN DEFENSE-WIDE ORGANIZA21 TIONS AND REVISIONS TO LIMITATION AP22 PLICABLE TO OFFICE OF THE SECRETARY OF 

23 DEFENSE. 

24 (a) REPEAL OF PERSONNEL LIMITATIONS APPLICA25 BLE TO DEFENSE-WIDE ORGANIZATIONS.— 


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1 (1) DEFENSE AGENCIES AND DOD FIELD AC2 TIVITIES.—Section 194 of title 10, United States 

3 Code, is repealed. 

4 (2) COMBATANT COMMANDS.—Section 601 of 

5 the Goldwater-Nichols Department of Defense Reor6 ganization Act of 1986 (Public Law 99–433; 10 

7 U.S.C. 194 note) is repealed. 

8 (b) REVISIONS TO PERSONNEL LIMITATION APPLI9 CABLE TO OFFICE OF THE SECRETARY OF DEFENSE.— 

10 (1) REMOVAL OF WASHINGTON HEADQUARTERS

11 SERVICE FROM OSD LIMIT.—(A) Subsection (a) of 

12 section 143 of title 10, United States Code, is 

13 amended by striking ‘‘3,767’’ and inserting ‘‘3,370’’. 

14 (B) Subsection (b) of such section is 

15 amended to read as follows: 

16 ‘‘(b) OSD PERSONNEL DEFINED.—In this section, 

17 the term ‘OSD personnel’ means members of the armed 

18 forces and civilian employees of the Department of De19 fense who are assigned or detailed to permanent duty in 

20 the Office of the Secretary of Defense.’’. 

21 (2) EXEMPTION FOR NATIONAL EMER22 GENCIES.—Such section is further amended by add23 ing at the end the following new subsection: 

24 ‘‘(d) EXEMPTION DURING TIME OF WAR OR NA25 TIONAL EMERGENCY.—The limitation in subsection (a) 


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1 does not apply in time of war or during a national emer2 gency declared by the President or Congress.’’. 

3 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

5 at the beginning of chapter 8 of title 10, United 

6 States Code, is amended by striking the item relat7 ing to section 194. 

8 (2) SECTION 1111.—Section 1111 of the Dun9 can Hunter National Defense Authorization Act for 

10 Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 

11 143 note) is amended— 

12 (A) in subsection (a)— 

13 (i) by striking ‘‘For fiscal year 2009 

14 and fiscal years thereafter,’’ and inserting 

15 ‘‘For any fiscal year,’’; 

16 (ii) by striking ‘‘194,’’; and 

17 (iii) by striking ‘‘Code, or’’ in para18 graph (1) and all that follows through ‘‘or 

19 otherwise’’ and inserting ‘‘Code, or other20 wise’’; and 

21 (B) in subsection (b)— 

22 (i) by striking ‘‘For fiscal year 2009 

23 and fiscal years thereafter,’’ and inserting 

24 ‘‘For any fiscal year,’’; 

25 (ii) by striking ‘‘194,’’; 


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1 (iii) by striking ‘‘the’’ in paragraph 

2 (1) after ‘‘in accordance with’’; and 

3 (iv) by striking ‘‘any’’ in paragraph 

4 (2) after ‘‘work, for’’. 

5 SEC. 903. AUTHORITY FOR THE DEPARTMENT OF DEFENSE 

6 TO APPROVE AN ALTERNATE METHOD OF 

7 PROCESSING EQUAL EMPLOYMENT OPPOR8 TUNITY COMPLAINTS WITHIN ONE OR MORE 

9 COMPONENT ORGANIZATIONS UNDER SPECI10 FIED CIRCUMSTANCES. 

11 (a) AUTHORITY.—The Secretary of Defense may im12 plement within one or more of the component organiza13 tions of the Department of Defense an alternate program 

14 for processing equal employment opportunity complaints. 

15 The Equal Employment Opportunity Commission shall 

16 not reverse a final decision of such a component organiza17 tion on the grounds that the organization did not comply 

18 with the regulatory requirements promulgated by the 

19 Commission if under the alternate program complain20 ants— 

21 (1) participate voluntarily and retain the right 

22 to use the procedural requirements of part 1614 of 

23 title 29 of the Code of Federal Regulations or other 

24 regulations, directives, or regulatory restrictions preVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 scribed by the Equal Employment Opportunity Com2 mission; 

3 (2) may opt out of the alternate system at any 

4 time prior to the issuance of the final decision of the 

5 component organization; and 

6 (3) retain any statutory or regulatory right to 

7 appeal the final decision of the component organiza8 tion to the Equal Employment Opportunity Commis9 sion or to file suit in Federal district court. 

10 If the Equal Employment Opportunity Commission re11 verses a final decision of such a component organization 

12 on other grounds, the Commission may remand the case 

13 to either the process under part 1614 of title 29 of the 

14 Code of Federal Regulations or the alternate program as 

15 it deems appropriate. 

16 (b) AIR FORCE PROGRAM.—The Secretary of the Air 

17 Force may implement the alternate program to process 

18 equal employment opportunity complaints that the Sec19 retary previously conducted as a Department of Defense 

20 pilot program under the authority of section 1111 of the 

21 Floyd D. Spence National Defense Authorization Act for 

22 Fiscal Year 2001 (Public Law 106–398; 114 Stat. 

23 1654A–312), provided that the Secretary complies with 

24 the requirement and restrictions in subsection (a). The 


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1 Secretary may delete its pilot program evaluation report2 ing and surveys. 

3 (c) APPEALS.—A complainant’s election to use an al4 ternate process authorized as provided in subsections (a) 

5 and (b) shall not obstruct, impede, or otherwise interfere 

6 with any statutory or regulatory right of the complainant 

7 to appeal the final decision of the component organization 

8 to the Equal Employment Opportunity Commission or to 

9 file suit in Federal district court. 

10 (d) DURATION.—The authority granted under this 

11 section shall expire two years after the date of the enact12 ment of this Act unless the Equal Employment Oppor13 tunity Commission agrees to an extension of the program. 

14 SEC. 904. INCREASE IN AUTHORIZED NUMBER OF DEFENSE 

15 INTELLIGENCE SENIOR EXECUTIVE SERVICE 

16 POSITIONS. 

17 Section 1606(a) of title 10, United States Code, is 

18 amended— 

19 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 

20 Defense’’; 

21 (2) by striking the second sentence; and 

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

23 paragraphs: 


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1 ‘‘(2)(A) The number of positions in the Defense 

2 Intelligence Senior Executive Service during fiscal 

3 year 2011 may not exceed 644. 

4 ‘‘(B) The number of positions in the Defense 

5 Intelligence Senior Executive Service during any fis6 cal year after fiscal year 2011 may not exceed the 

7 lesser of the following: 

8 ‘‘(i) The number of such positions author9 ized by paragraph (2)(A), as adjusted by the 

10 percentage specified in subparagraph (C) for 

11 such fiscal year. 

12 ‘‘(ii) 694. 

13 ‘‘(C) The percentage specified in this subpara14 graph for a fiscal year is the percentage by which 

15 the authorized number of Department of Defense 

16 positions in the Senior Executive Service has been 

17 increased as of the end of the preceding fiscal year 

18 over the number of such positions authorized on 

19 September 30, 2010. 

20 ‘‘(3) The Secretary may give priority for the al21 location of any increase in the number of authorized 

22 positions in the Defense Intelligence Senior Execu23 tive Service to those Department of Defense intel24 ligence components in which the ratio of senior exVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 ecutives to employees other than senior executives is 

2 the lowest.’’. 

3 SEC. 905. REVISIONS TO POLICY ON DEVELOPMENT AND 

4 PROCUREMENT OF UNMANNED SYSTEMS. 

5 (a) REVISION TO REQUIRED POLICY.—Subsection (a) 

6 of section 941 of the John Warner National Defense Au7 thorization Act for Fiscal Year 2007 (Public Law 109– 

8 364; 120 Stat. 2083) is amended— 

9 (1) by striking ‘‘on’’ and inserting ‘‘for the con10 duct of’’; 

11 (2) by striking ‘‘procurement, and operation’’ 

12 and inserting ‘‘and for the conduct of procure13 ment,’’; 

14 (3) by inserting ‘‘manned and’’ before ‘‘un15 manned systems’’; and 

16 (4) by inserting ‘‘in a manner that is fiscally re17 sponsible and enhances warfighter capability’’ before 

18 the period at the end. 

19 (b) MODIFICATION TO ELEMENTS OF POLICY.—Sub20 section (b) of such section is amended— 

21 (1) by striking paragraphs (1) and (2) and in22 serting the following new paragraphs: 

23 ‘‘(1) An identification of those Department of 

24 Defense capabilities for which manned and un25 manned systems may address potential needs. 


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1 ‘‘(2) A thorough and objective consideration of 

2 the acquisition of manned and unmanned systems 

3 whenever a new system is to be acquired to meet a 

4 capability requirement.’’; 

5 (2) in paragraph (5), by striking ‘‘, including’’ 

6 and all that follows through ‘‘on unmanned sys7 tems’’; and 

8 (3) in paragraph (6), by striking ‘‘missions’’ 

9 and inserting ‘‘capabilities’’. 

10 (c) ROADMAP.—Such section is further amended— 

11 (1) by striking subsection (d); 

12 (2) by redesignating subsection (c) as sub13 section (d); 

14 (3) by inserting after subsection (b) the fol15 lowing new subsection (c): 

16 ‘‘(c) ROADMAP.—The Secretary of Defense shall pre17 pare and update periodically a roadmap for the policy re18 quired by subsection (a) that includes— 

19 ‘‘(1) goals for the development of unmanned 

20 system technologies to address capabilities identified 

21 pursuant to subsection (b)(1); and 

22 ‘‘(2) plans to address technical, operational, 

23 and production challenges, and gaps in capabilities, 

24 with respect to unmanned systems.’’; and 


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1 (4) in subsection (d), as redesignated by para2 graph (2), by inserting ‘‘, and implement the road3 map required by subsection (c),’’ after ‘‘subsection 

4 (a)’’. 

5 (d) CONFORMING AMENDMENT.—The heading of 

6 such section is amended by inserting ‘‘MANNED AND’’ be7 fore ‘‘UNMANNED’’. 

8 SEC. 906. IMPROVEMENTS TO STRUCTURE AND FUNC9 TIONING OF JOINT REQUIREMENTS OVER10 SIGHT COUNCIL. 

11 (a) VICE CHAIRMAN OF JOINT CHIEFS OF STAFF TO

12 BE CHAIRMAN OF THE JROC.—Subsection (c) of section 

13 181 of title 10, United States Code, is amended— 

14 (1) in paragraph (1), by inserting ‘‘Vice’’ before 

15 ‘‘Chairman of the Joint Chiefs of Staff’’; 

16 (2) in paragraph (2), by striking ‘‘, other than 

17 the Chairman of the Joint Chiefs of Staff,’’ and in18 serting ‘‘under subparagraphs (B), (C), (D), and 

19 (E) of paragraph (1)’’; and 

20 (3) by striking paragraph (3). 

21 (b) ROLE OF COMBATANT COMMANDERS AS MEM22 BERS OF THE JROC.— 

23 (1) MEMBERSHIP ON COUNCIL AS REQUIRED.— 

24 Paragraph (1) of subsection (c) of such section is 

25 further amended— 


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1 (A) by striking ‘‘and’’ at the end of sub2 paragraph (D); 

3 (B) by striking the period at the end of 

4 subparagraph (E) and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(F) in addition, when directed by the 

8 chairman, the commander of any combatant 

9 command (or, as directed by that commander, 

10 the deputy commander of that command) when 

11 matters related to the area of responsibility or 

12 functions of that command will be under con13 sideration by the Council.’’. 

14 (c) CIVILIAN ADVISORS.— 

15 (1) ADDITIONAL CIVILIAN ADVISORS.—Sub16 section (d) of such section is further amended by 

17 striking ‘‘The Under Secretary’’ and all that follows 

18 through ‘‘and expertise.’’ and inserting the following: 

19 ‘‘The following officials of the Department of De20 fense shall serve as advisors to the Council on mat21 ters within their authority and expertise: 

22 ‘‘(A) The Under Secretary of Defense for 

23 Acquisition, Technology, and Logistics. 

24 ‘‘(B) The Under Secretary of Defense 

25 (Comptroller). 


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1 ‘‘(C) The Under Secretary of Defense for 

2 Policy. 

3 ‘‘(D) The Director of Cost Assessment and 

4 Program Evaluation. 

5 ‘‘(E) Such other civilian officials of the De6 partment of Defense as are designated by the 

7 Secretary of Defense.’’. 

8 (2) CONFORMING AMENDMENT.—Subsection 

9 (b)(3) of such section is amended by striking 

10 ‘‘Under Secretary of Defense (Comptroller), the 

11 Under Secretary of Defense for Acquisition, Tech12 nology, and Logistics, and the Director of Cost As13 sessment and Performance Evaluation’’ and insert14 ing ‘‘advisors to the Council under subsection (d)’’. 

15 (d) RECOGNITION OF PERMANENT NATURE OF

16 JROC.—Subsection (a) of such section is amended by 

17 striking ‘‘The Secretary of Defense shall establish’’ and 

18 inserting ‘‘There is’’. 

19 SEC. 907. CONSOLIDATION AND REORGANIZATION OF STAT20 UTORY AUTHORITY FOR DESTRUCTION OF 

21 UNITED STATES STOCKPILE OF LETHAL 

22 CHEMICAL AGENTS AND MUNITIONS. 

23 (a) CONSOLIDATION AND REORGANIZATION OF RE24 LATED STATUTORY PROVISIONS.—Section 1412 of the 


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1 Department of Defense Authorization Act, 1986 (50 

2 U.S.C. 1521), is amended— 

3 (1) in subsection (b)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘paragraphs (2) and 

6 (3)’’ and inserting ‘‘paragraph (2)’’; and 

7 (ii) by inserting after ‘‘such stockpile’’ 

8 the following ‘‘, including those agents and 

9 munitions stored at Blue Grass Army 

10 Depot, Kentucky, and Pueblo Chemical 

11 Depot, Colorado,’’; 

12 (B) by striking paragraph (2); 

13 (C) by redesignating paragraphs (3), (4), 

14 and (5) as paragraphs (2), (3), and (4), respec15 tively; and 

16 (D) in paragraph (4), as redesignated by 

17 subparagraph (C), by striking ‘‘December 31, 

18 2004’’ and inserting ‘‘the deadline established 

19 by the Chemical Weapons Convention, and in 

20 no circumstances later than December 31, 

21 2017’’; 

22 (2) by striking subsections (i) and (k); 

23 (3) by redesignating subsections (c), (d), (e), 

24 (f), (g), (h), and (j) as subsections (d), (f), (g), (h), 

25 (i), (k), and (o); 


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1 (4) by inserting after subsection (b) the fol2 lowing new subsection (c): 

3 ‘‘(c) INITIATION OF DEMILITARIZATION OPER4 ATIONS.—The Secretary of Defense may not initiate de5 struction of the chemical munitions stockpile stored at a 

6 site until the following support measures are in place: 

7 ‘‘(1) Support measures that are required by De8 partment of Defense and Army chemical surety and 

9 security program regulations. 

10 ‘‘(2) Support measures that are required by the 

11 general and site chemical munitions demilitarization 

12 plans specific to that installation. 

13 ‘‘(3) Support measures that are required by the 

14 permits required by the Solid Waste Disposal Act 

15 (42 U.S.C. 6901 et seq.) and the Clean Air Act (42 

16 U.S.C. 7401 et seq.) for chemical munitions demili17 tarization operations at that installation, as ap18 proved by the appropriate State regulatory agen19 cies.’’; 

20 (5) in paragraph (1)(A) of subsection (d), as re21 designated by paragraph (3), by inserting after 

22 ‘‘subsection (a)’’ the following ‘‘, including but not 

23 limited to the use of technologies and procedures 

24 that will minimize the risk to the public at each 

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1 (6) by inserting after paragraph (3) of sub2 section (d) (as so redesignated) the following: 

3 ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS.—’’; 

4 (7) by redesignating the paragraphs (4) and (5) 

5 that immediately follow the subsection designation 

6 and heading inserted by paragraph (6) as para7 graphs (1) and (2), respectively, and— 

8 (A) in the redesignated paragraph (1), by 

9 striking ‘‘subparagraph (A) of paragraph (1)’’ 

10 and inserting ‘‘subsection (d)(1)(A)’’, and 

11 (B) in the redesignated paragraph (2)— 

12 (i) by striking ‘‘paragraph (1)(B)’’ in 

13 subparagraph (A)(ii) and inserting ‘‘sub14 section (d)(1)(B)’’; and 

15 (ii) by striking ‘‘Director’’ each place 

16 it appears in subparagraphs (A) and (C) 

17 and inserting ‘‘Administrator’’; 

18 (8) in subsection (g), as redesignated by para19 graph (3),— 

20 (A) in paragraph (1), by striking ‘‘, not 

21 later than May 1, 1986,’’; 

22 (B) in paragraph (2)— 

23 (i) by striking ‘‘Such organization’’ 

24 and inserting ‘‘The Secretary of the 

25 Army’’; and 


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1 (ii) by striking ‘‘under this section’’ 

2 and inserting ‘‘at all sites except Blue 

3 Grass Army Depot, Kentucky, and Pueblo 

4 Chemical Depot, Colorado’’; 

5 (C) by transferring the text of paragraph 

6 (2), as amended by subparagraph (B), to the 

7 end of paragraph (1); and 

8 (D) by inserting after the paragraph des9 ignation for paragraph (2) the following: ‘‘MAN10 AGEMENT OF CHEMICAL DEMILITARIZATION AC11 TIVITIES AT BLUE GRASS ARMY DEPOT, KEN12 TUCKY, AND PUEBLO DEPOT, COLORADO.—The 

13 program manager for the Assembled Chemical 

14 Weapons Alternative Program shall be respon15 sible for management of the construction, oper16 ation, and closure, and any contracting relating 

17 thereto, of chemical demilitarization activities at 

18 Blue Grass Army Depot, Kentucky, and Pueblo 

19 Army Depot, Colorado, including management 

20 of the pilot-scale facility phase of the alternative 

21 technology selected for the destruction of lethal 

22 chemical munitions. In performing such man23 agement, the program manager shall act inde24 pendently of the Army program manager for 

25 Chemical Demilitarization and shall report to 


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1 the Under Secretary of Defense for Acquisition, 

2 Technology, and Logistics.’’; 

3 (9) in paragraph (2) of subsection (h), as redes4 ignated by paragraph (3)— 

5 (A) by striking ‘‘subsection (c)(5)’’ and in6 serting ‘‘subsection (e)’’; and 

7 (B) by striking ‘‘Director’’ and inserting 

8 ‘‘Administrator’’; 

9 (10) in subsection (i), as redesignated by para10 graph (3)— 

11 (A) by striking ‘‘PERIODIC REPORTS’’ in 

12 the subsection caption and inserting ‘‘ANNUAL

13 REPORT’’; and 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘subsection (c)(4)’’ in 

16 subparagraphs (B) and (C)(vii) and insert17 ing ‘‘subsection (e)’’; and 

18 (ii) by striking ‘‘section 172(g) of 

19 Public Law 102–484 (50 U.S.C. 1521 

20 note)’’ and inserting ‘‘subsection (m)(7)’’; 

21 (11) by inserting after subsection (i), as so re22 designated, the following new subsection (j): 

23 ‘‘(j) SEMIANNUAL REPORTS.—(1) By March 1st and 

24 September 1st each year until the year in which the 

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1 pile of chemical weapons under the terms of the Chemical 

2 Weapons Convention, the Secretary of Defense shall sub3 mit to the members and committees of Congress referred 

4 to in paragraph (3) a report on the implementation by 

5 the United States of its chemical weapons destruction obli6 gations under the Chemical Weapons Convention. 

7 ‘‘(2) Each report under paragraph (1) shall include 

8 the following: 

9 ‘‘(A) The anticipated schedule at the time of 

10 such report for the completion of destruction of 

11 chemical agents, munitions, and material at each 

12 chemical weapons demilitarization facility in the 

13 United States. 

14 ‘‘(B) A description of the options and alter15 natives for accelerating the completion of chemical 

16 weapons destruction at each such facility, particu17 larly in time to meet the stockpile elimination dead18 line. 

19 ‘‘(C) A description of the funding required to 

20 achieve each of the options for destruction described 

21 under subparagraph (B), and a detailed life-cycle 

22 cost estimate for each of the affected facilities in23 cluded in each such funding profile. 

24 ‘‘(D) A description of all actions being taken by 

25 the United States to accelerate the destruction of its 


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1 entire stockpile of chemical weapons, agents, and 

2 materiel in order to meet the current destruction 

3 deadline under the Chemical Weapons Convention of 

4 April 29, 2012, or as soon thereafter as possible. 

5 ‘‘(3) The members and committees of Congress re6 ferred to in this paragraph are— 

7 ‘‘(A) the majority leader and the minority lead8 er of the Senate and the Committee on Armed Serv9 ices and the Committee on Appropriations of the 

10 Senate; and 

11 ‘‘(B) the Speaker of the House of Representa12 tives, the majority leader and the minority leader of 

13 the House of Representatives, and the Committee on 

14 Armed Services and the Committee on Appropria15 tions of the House of Representatives.’’; 

16 (12) in subsection (o), as redesignated by para17 graph (3), by adding at the end the following new 

18 paragraph: 

19 ‘‘(4) The term ‘Chemical Weapons Convention’ 

20 means the Convention on the Prohibition of Develop21 ment, Production, Stockpiling and Use of Chemical 

22 Weapons and on Their Destruction, with annexes, 

23 done at Paris, January 13, 1993, and entered into 

24 force April 29, 1997 (T. Doc. 103–21).’’; and 


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1 (13) by inserting after subsection (k), as redes2 ignated by paragraph (3), the following new sub3 sections: 

4 ‘‘(l) SURVEILLANCE AND ASSESSMENT PROGRAM.— 

5 The Secretary of Defense shall conduct an ongoing com6 prehensive program of— 

7 ‘‘(1) surveillance of the existing United States 

8 stockpile of chemical weapons; and 

9 ‘‘(2) assessment of the condition of the stock10 pile. 

11 ‘‘(m) CHEMICAL DEMILITARIZATION CITIZENS’ AD12 VISORY COMMISSIONS.— 

13 ‘‘(1) ESTABLISHMENT.—(A) The Secretary of 

14 the Army shall establish a citizens’ commission for 

15 each State in which there is a chemical demilitariza16 tion facility under Army management. 

17 ‘‘(B) The Assistant to the Secretary of Defense 

18 for Nuclear, Chemical, and Biological Defense Pro19 grams shall establish a chemical demilitarization citi20 zens’ commission in Colorado and in Kentucky. 

21 ‘‘(C) Each such commission shall be known as 

22 the ‘Chemical Demilitarization Citizens’ Advisory 

23 Commission’ for that State. 

24 ‘‘(2) FUNCTIONS.—(A) The Secretary of the 

25 Army, or the Department of Defense in Colorado 


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1 and Kentucky, shall provide for a representative to 

2 meet with each commission established under this 

3 subsection to receive citizen and State concerns re4 garding the ongoing program for the disposal of the 

5 lethal chemical agents and munitions in the stockpile 

6 referred to in subsection (a) at each of the sites with 

7 respect to which a commission is established pursu8 ant to paragraph (1). 

9 ‘‘(B) The Secretary of the Army shall provide 

10 for a representative from the Office of the Assistant 

11 Secretary of the Army (Acquisition, Logistics, and 

12 Technology) to meet with each commission under 

13 Army management. 

14 ‘‘(C) The Assistant to the Secretary of Defense 

15 for Nuclear, Chemical, and Biological Defense Pro16 grams shall provide for a representative from the 

17 Assistant to meet with the commissions in Colorado 

18 and Kentucky. 

19 ‘‘(3) MEMBERSHIP.—(A) Each commission 

20 shall be composed of nine members appointed by the 

21 Governor of the State. Seven of such members shall 

22 be citizens from the local affected areas in the State; 

23 the other two shall be representatives of State gov24 ernment who have direct responsibilities related to 

25 the chemical demilitarization program. 


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1 ‘‘(B) For purposes of this paragraph, affected 

2 areas are those areas located within a 50-mile radius 

3 of a chemical weapons storage site. 

4 ‘‘(4) CONFLICTS OF INTEREST.—For a period 

5 of five years after the termination of any commis6 sion, no corporation, partnership, or other organiza7 tion in which a member of that commission, a 

8 spouse of a member of that commission, or a natural 

9 or adopted child of a member of that commission 

10 has an ownership interest may be awarded— 

11 ‘‘(A) a contract related to the disposal of 

12 lethal chemical agents or munitions in the 

13 stockpile referred to in subsection (a); or 

14 ‘‘(B) a subcontract under such a contract. 

15 ‘‘(5) CHAIRMAN.—The members of each com16 mission shall designate the chairman of the commis17 sion from among the members of the commission. 

18 ‘‘(6) MEETINGS.—Each commission shall meet 

19 with a representative from the Army, or the Office 

20 of the Secretary of Defense for the Colorado and 

21 Kentucky commissions, upon joint agreement be22 tween the chairman of the commission and that rep23 resentative. The two parties shall meet not less often 

24 than twice a year and may meet more often at their 

25 discretion. 


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1 ‘‘(7) PAY AND EXPENSES.—Members of each 

2 commission shall receive no pay for their involve3 ment in the activities of their commissions. Funds 

4 appropriated for the Chemical Stockpile Demili5 tarization Program may be used for travel and asso6 ciated travel costs for Citizens’ Advisory Commis7 sioners, when such travel is conducted at the invita8 tion of the Assistant Secretary of the Army (Acquisi9 tion, Logistics, and Technology) or the invitation of 

10 the Deputy Assistant to the Secretary of Defense for 

11 Chemical and Biological Defense and Chemical De12 militarization for the Colorado and Kentucky com13 missions. 

14 ‘‘(8) TERMINATION OF COMMISSIONS.—Each 

15 commission shall be terminated after the closure ac16 tivities required pursuant to regulations promulgated 

17 by the Administrator of the Environmental Protec18 tion Agency pursuant to the Solid Waste Disposal 

19 Act (42 U.S.C. 6901 et seq.) have been completed 

20 for the chemical agent destruction facility in the 

21 commission’s State, or upon the request of the Gov22 ernor of the commission’s State, whichever occurs 

23 first. 

24 ‘‘(n) INCENTIVE CLAUSES IN CHEMICAL DEMILI25 TARIZATION CONTRACTS.— 


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1 ‘‘(1) AUTHORITY TO INCLUDE CLAUSES IN CON2 TRACTS.—(A) The Secretary of Defense may, for 

3 the purpose specified in paragraph (B), authorize 

4 the inclusion of an incentives clause in any contract 

5 for the destruction of the United States stockpile of 

6 lethal chemical agents and munitions carried out 

7 pursuant to subsection (a). 

8 ‘‘(B) The purpose of a clause referred to in 

9 subparagraph (A) is to provide the contractor for a 

10 chemical demilitarization facility an incentive to ac11 celerate the safe elimination of the United States 

12 chemical weapons stockpile and to reduce the total 

13 cost of the Chemical Demilitarization Program by 

14 providing incentive payments for the early comple15 tion of destruction operations and the closure of 

16 such facility. 

17 ‘‘(2) INCENTIVES CLAUSES.—(A) An incentives 

18 clause under this subsection shall permit the con19 tractor for the chemical demilitarization facility con20 cerned the opportunity to earn incentive payments 

21 for the completion of destruction operations and fa22 cility closure activities within target incentive ranges 

23 specified in such clause. 

24 ‘‘(B) The maximum incentive payment under 

25 an incentives clause with respect to a chemical deVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 militarization facility may not exceed the following 

2 amounts: 

3 ‘‘(i) In the case of an incentive payment 

4 for the completion of destruction operations 

5 within the target incentive range specified in 

6 such clause, $110,000,000. 

7 ‘‘(ii) In the case of an incentive payment 

8 for the completion of facility closure activities 

9 within the target incentive range specified in 

10 such clause, $55,000,000. 

11 ‘‘(C) An incentives clause in a contract under 

12 this section shall specify the target incentive ranges 

13 of costs for completion of destruction operations and 

14 facility closure activities, respectively, as jointly 

15 agreed upon by the contracting officer and the con16 tractor concerned. An incentives clause shall require 

17 a proportionate reduction in the maximum incentive 

18 payment amounts in the event that the contractor 

19 exceeds an agreed-upon target cost if such excess 

20 costs are the responsibility of the contractor. 

21 ‘‘(D) The amount of the incentive payment 

22 earned by a contractor for a chemical demilitariza23 tion facility under an incentives clause under this 

24 subsection shall be based upon a determination by 

25 the Secretary on how early in the target incentive 


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1 range specified in such clause destruction operations 

2 or facility closure activities, as the case may be, are 

3 completed. 

4 ‘‘(E) The provisions of any incentives clause 

5 under this subsection shall be consistent with the ob6 ligation of the Secretary of Defense under subsection 

7 (d)(1)(A), to provide for maximum protection for the 

8 environment, the general public, and the personnel 

9 who are involved in the destruction of the lethal 

10 chemical agents and munitions. 

11 ‘‘(F) In negotiating the inclusion of an incen12 tives clause in a contract under this subsection, the 

13 Secretary may include in such clause such additional 

14 terms and conditions as the Secretary considers ap15 propriate. 

16 ‘‘(3) ADDITIONAL LIMITATION ON PAYMENTS.— 

17 (A) No payment may be made under an incentives 

18 clause under this subsection unless the Secretary de19 termines that the contractor concerned has satisfac20 torily performed its duties under such incentives 

21 clause. 

22 ‘‘(B) An incentives clause under this subsection 

23 shall specify that the obligation of the Government 

24 to make payment under such incentives clause is 

25 subject to the availability of appropriations for that 


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1 purpose. Amounts appropriated for Chemical Agents 

2 and Munitions Destruction, Defense, shall be avail3 able for payments under incentives clauses under 

4 this subsection.’’. 

5 (b) REPEAL OF LAWS RESTATED IN SECTION 1412 

6 AND OBSOLETE PROVISIONS OF LAW.—The following pro7 visions of law are repealed: 

8 (1) Section 125 of the National Defense Au9 thorization Act for Fiscal Years 1988 and 1989 

10 (Public Law 100–180; 101 Stat. 1043; 50 U.S.C. 

11 1521 note). 

12 (2) Sections 172, 174, 175, and 180 of the Na13 tional Defense Authorization Act for Fiscal Year 

14 1993 (Public Law 102–484; 106 Stat. 2341; 50 

15 U.S.C. 1521 note). 

16 (3) Section 152 of the National Defense Au17 thorization Act for Fiscal Year 1996 (Public Law 

18 104–106; 110 Stat. 214; 50 U.S.C. 1521 note). 

19 (4) Section 8065 of the Omnibus Consolidated 

20 Appropriations Act, 1997 (Public Law 104–208; 

21 110 Stat. 3009–101; 50 U.S.C. 1521 note). 

22 (5) Section 142 of the Strom Thurmond Na23 tional Defense Authorization Act for Fiscal Year 

24 1999 (Public Law 105–261; 112 Stat. 1943; 50 

25 U.S.C. 1521 note). 


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1 (6) Section 141 of the National Defense Au2 thorization Act for Fiscal Year 2000 (Public Law 

3 106–65; 113 Stat. 537; 50 U.S.C. 1521 note). 

4 (7) Section 8122 of the Department of Defense 

5 Appropriations Act, 2003 (Public Law 107–248; 

6 116 Stat. 1566; 50 U.S.C. 1521 note). 

7 (8) Section 923 of the John Warner National 

8 Defense Authorization Act for Fiscal Year 2007 

9 (Public Law 109–364; 120 Stat. 2360; 50 U.S.C. 

10 1521 note). 

11 (9) Section 8119 of the Department of Defense 

12 Appropriations Act, 2008 (Public Law 110–116; 

13 121 Stat. 1340; 50 U.S.C. 1521 note). 

14 (10) Section 922(c) of the National Defense 

15 Authorization Act for Fiscal Year 2008 (Public Law 

16 110–181; 122 Stat. 283; 50 U.S.C. 1521 note). 

17 TITLE X—GENERAL PROVISIONS 

18 Subtitle A—Financial Matters 

19 SEC. 1001. AUTHORITY FOR PAYMENT OF FULL REPLACE20 MENT VALUE FOR LOSS OR DAMAGE TO 

21 HOUSEHOLD GOODS IN LIMITED CASES NOT 

22 COVERED BY CARRIER LIABILITY. 

23 (a) CLAIMS AUTHORITY.— 


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1 (1) IN GENERAL.—Chapter 163 of title 10, 

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 2740. Property loss: reimbursement of members 

5 and civilian employees for full replace6 ment value of household effects when 

7 contractor reimbursement not available 

8 ‘‘The Secretary of Defense and the Secretaries of the 

9 military departments, in paying a claim under section 

10 3721 of title 31 arising from loss or damage to household 

11 goods stored or transported at the expense of the Depart12 ment of Defense, may pay the claim on the basis of full 

13 replacement value in any of the following cases in which 

14 reimbursement for the full replacement value for the loss 

15 or damage is not available directly from a carrier under 

16 section 2636a of this title: 

17 ‘‘(1) A case in which— 

18 ‘‘(A) the lost or damaged goods were 

19 stored or transported under a contract, tender, 

20 or solicitation in accordance with section 2636a 

21 of this title that requires the transportation 

22 service provider to settle claims on the basis of 

23 full replacement value; but 


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1 ‘‘(B) the loss or damage occurred under 

2 circumstances that exclude the transportation 

3 service provider from liability. 

4 ‘‘(2) A case in which— 

5 ‘‘(A) the loss or damage occurred while the 

6 lost or damaged goods were in the possession of 

7 an ocean carrier that was transporting, loading, 

8 or unloading the goods under a Department of 

9 Defense contract for ocean carriage; and 

10 ‘‘(B) the land-based portions of the trans11 portation were under contracts, in accordance 

12 with section 2636a of this title, that require the 

13 land carriers to settle claims on the basis of full 

14 replacement value. 

15 ‘‘(3) A case in which— 

16 ‘‘(A) the lost or damaged goods were 

17 transported or stored under a contract or solici18 tation that requires at least one of the trans19 portation service providers or carriers that han20 dled the shipment to settle claims on the basis 

21 of full replacement value pursuant to section 

22 2636a of this title; 

23 ‘‘(B) the lost or damaged goods have been 

24 in the custody of more than one independent 


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1 contractor or transportation service provider; 

2 and 

3 ‘‘(C) a claim submitted to the delivering 

4 transportation service provider or carrier is de5 nied in whole or in part because the loss or 

6 damage occurred while the lost or damaged 

7 goods were in the custody of a prior transpor8 tation service provider or carrier or government 

9 entity.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such chapter is amended 

12 by adding at the end the following new item: 

‘‘2740. Property loss: reimbursement of members and civilian employees for full 

replacement value of household effects when contractor reimbursement not available.’’. 

13 (b) EFFECTIVE DATE.—Section 2740 of title 10, 

14 United States Code, as added by subsection (a), shall 

15 apply with respect to losses incurred after March 1, 2008. 

16 SEC. 1002. ADVANCE NOTICE TO CONGRESS OF TRANSFER 

17 OF FUNDS FROM A WORKING-CAPITAL FUND. 

18 Paragraph (1) of section 2208(r) of title 10, United 

19 States Code, is amended to read as follows: 

20 ‘‘(1) Whenever the Secretary of Defense pro21 poses to exercise authority provided by law to trans22 fer funds from a working-capital fund, including a 

23 transfer to another working-capital fund, such trans24 fer may be made only after the Secretary submits to 


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1 Congress notice of the proposed transfer and a pe2 riod of five days has passed from the date of the no3 tification.’’. 

4 SEC. 1003. REPEAL OF REQUIREMENT FOR ANNUAL JOINT 

5 REPORT FROM OFFICE OF MANAGEMENT 

6 AND BUDGET AND CONGRESSIONAL BUDGET 

7 OFFICE ON SCORING OF OUTLAYS IN DE8 FENSE BUDGET FUNCTION. 

9 (a) REPEAL.—Section 226 of title 10, United States 

10 Code, is repealed. 

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

12 at the beginning of chapter 9 of such title is amended by 

13 striking the item relating to section 226. 

14 SEC. 1004. AUTHORITY TO ESTABLISH READINESS RESERVE 

15 SUBACCOUNT IN THE TRANSPORTATION 

16 WORKING-CAPITAL FUND. 

17 Section 2208(p) of title 10, United States Code, is 

18 amended— 

19 (1) inserting ‘‘(1)’’ before ‘‘The Secretary of 

20 Defense’’; and 

21 (2) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2)(A) The Secretary of Defense may establish 

24 within the working-capital fund administered by the 

25 commander of the United States Transportation 


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1 Command a subaccount to be known as the readi2 ness reserve subaccount. The Secretary may transfer 

3 to, and retain in, that subaccount excess funds re4 ceived during high-tempo operations in order to 

5 fund, to the extent possible, mission-critical cata6 strophic loss replacement or major repair of trans7 portation assets used to produce revenue for the 

8 working-capital fund. The maximum amount that 

9 may be maintained in the subaccount is 

10 $100,000,000. 

11 ‘‘(B) The Secretary may use funds in the sub12 account— 

13 ‘‘(i) to repair or replace those assets that 

14 the commander of the United States Transpor15 tation Command requires to directly fulfill the 

16 mission of that command; and 

17 ‘‘(ii) to purchase improvements to distribu18 tion infrastructure, excluding military construc19 tion, if economically favorable, in amounts not 

20 to exceed $10,000,000 per unit. 

21 ‘‘(C) The subaccount shall be managed so that 

22 funds in the subaccount are used to supplement, and 

23 not replace, obligations of the military departments 

24 for provision of transportation assets. 


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1 ‘‘(D) The Secretary shall provide that, in any 

2 case in which funds in the subaccount are used to 

3 purchase or pay for a replacement or repair for 

4 which funds would otherwise be provided from funds 

5 available for one of the armed forces, the otherwise 

6 applicable funding source shall reimburse the sub7 account. 

8 ‘‘(E) Funds in the subaccount may be used for 

9 the repair, replacement, or procurement of equip10 ment other than distribution infrastructure only if 

11 that repair, replacement, or procurement is other12 wise authorized to be carried out using funds other 

13 than funds in the subaccount. 

14 ‘‘(F) The Secretary may use funds in the sub15 account for a repair, replacement, or procurement 

16 only when a delay in obtaining funds from the mili17 tary department or fund that would otherwise pro18 vide funds for the repair, replacement, or procure19 ment would impair the ability of the commander of 

20 the United States Transportation Command to con21 tinue mission-critical responsibilities. 

22 ‘‘(G) The Secretary may use funds in the sub23 account to make a purchase in an amount in excess 

24 of $10,000,000 only after the Secretary has sub25 mitted to the congressional defense committees, not 


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1 less than 30 days before obligation of funds for the 

2 purchase, a written notification of the proposed pur3 chase.’’. 

4 SEC. 1005. REPEAL OF REQUIREMENT FOR SEPARATE 

5 BUDGET REQUEST FOR PROCUREMENT OF 

6 EQUIPMENT FOR RESERVE COMPONENTS OF 

7 THE ARMED FORCES. 

8 Section 114(e) of title 10, United States Code, is re9 pealed. 

10 Subtitle B—Naval Vessels and 

11 Shipyards 

12 SEC. 1011. INCREASE IN TONNAGE CRITERION FOR APPLI13 CATION OF LIMITATION ON DISPOSAL OF 

14 NAVAL VESSELS TO FOREIGN NATIONS. 

15 Section 7307(a) of title 10, United States Code, is 

16 amended by striking ‘‘3,000 tons’’ and inserting ‘‘6,000 

17 tons’’. 

18 SEC. 1012. REVISIONS TO AUTHORITY REGARDING SALES 

19 OF VESSELS STRICKEN FROM NAVAL REG20 ISTER. 

21 Section 7305 of title 10, United States Code, is 

22 amended— 

23 (1) by striking subsection (a); 

24 (2) by redesignating subsections (b), (c), and 

25 (d) as subsections (a), (b), and (c), respectively; 


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1 (3) in subsection (a), as redesignated by para2 graph (2), by striking ‘‘If the Secretary considers 

3 that the sale of the vessel’’ and inserting ‘‘If the 

4 Secretary of the Navy considers that the sale of a 

5 vessel stricken from the Naval Vessel Register under 

6 section 7304 of this title’’; 

7 (4) in subsection (b), as redesignated by para8 graph (2)— 

9 (A) in paragraph (1), by striking ‘‘and not 

10 subject to disposal under any other law’’ and 

11 inserting ‘‘, unless another method of disposal 

12 is required by law,’’; 

13 (B) in paragraph (2)(A), by striking ‘‘, re14 gardless of the appraised value,’’; 

15 (C) in paragraph (3), by striking ‘‘Com16 merce Business Daily’’ and inserting 

17 ‘‘FedBizOpps.com or through another method 

18 of public advertising’’; and 

19 (D) by adding at the end the following new 

20 paragraph: 

21 ‘‘(4) When the Secretary enters into a sales 

22 contract for the dismantling of a vessel, the United 

23 States shall retain title and ownership of the vessel, 

24 but may transfer title to scrap and reusable items to 


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1 the contractor upon their removal from the vessel as 

2 part of the dismantling process.’’; and 

3 (5) by adding at the end the following new sub4 section: 

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

6 ‘‘(1) The term ‘scrap’ means personal property 

7 that has no value except for its basic material con8 tent. 

9 ‘‘(2) The term ‘reusable items’ means demili10 tarized components or removable portions of a vessel 

11 or equipment that the Secretary of the Navy has 

12 identified as excess to the needs of the Navy, but 

13 which have potential resale value on the open mar14 ket.’’. 

15 Subtitle C—Other Matters 

16 SEC. 1031. CONFORMING AND UPDATING AMENDMENTS TO 

17 TITLE 10, UNITED STATES CODE. 

18 (a) MODERNIZATION OF SECTION 172.— 

19 (1) Section 172 of title 10, United States Code, 

20 is amended— 

21 (A) by striking the section heading and in22 serting the following: 


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1 ‘‘§ 172. Explosives safety and military munitions risk 

2 management’’; 

3 (B) by striking ‘‘(a)’’ before ‘‘The Secre4 taries’’; and 

5 (C) by striking subsection (b). 

6 (2) The item relating to such section in the 

7 table of sections at the beginning of chapter 7 of 

8 such title is amended to read as follows: 

‘‘172. Explosives safety and military munitions risk management.’’. 

9 (b) CHANGE TO REFERENCES TO ‘‘APPROPRIATE

10 COMMITTEES OF CONGRESS’’.— 

11 (1) Section 2694a of such title is amended— 

12 (A) in subsection (e), by striking ‘‘appro13 priate committees of Congress’’ and inserting 

14 ‘‘congressional defense committees’’; and 

15 (B) in subsection (i)— 

16 (i) by striking paragraph (1); and 

17 (ii) by redesignating paragraphs (2) 

18 and (3) as paragraphs (1) and (2), respec19 tively. 

20 (2) Section 2801(c)(1) of such title is amended 

21 by striking ‘‘term ‘appropriate committees of Con22 gress’ means the congressional defense committees 

23 and’’ and inserting ‘‘term ‘congressional defense 

24 committees’ includes’’. 


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1 (3) The following sections of chapter 169 of 

2 such title are amended by striking ‘‘appropriate 

3 committees of Congress’’ each place it appears and 

4 inserting ‘‘congressional defense committees’’: sec5 tions 2803(b), 2804(b), 2805(b)(2), 2806(c)(2)(A), 

6 2807(b), 2807(c), 2808(b), 2809(f)(1), 2811(d), 

7 2812(c)(1)(A), 2813(c), 2814(a)(2)(A), 2814(g)(1), 

8 2825(b)(1), 2827(b)(1), 2828(f)(1), 2835(g)(1), 

9 2836(f)(1), 2837(c)(2), 2853(c)(1)(A), 2853(c)(2), 

10 2854(b), 2854a(c)(1), 2859(d)(1)(B), 2861(c), 

11 2866(c)(2), 2875(e), 2881a(d)(2), 2881a(e)(1), 

12 2883(f), and 2884(a)(1). 

13 (4) Section 2914(b) of such title is amended by 

14 striking ‘‘appropriate committees of Congress’’ and 

15 inserting ‘‘congressional defense committees’’. 

16 (c) DEFINITIONS UNDER DEFENSE ENVIRON17 MENTAL RESTORATION PROGRAM.—Chapter 160 of such 

18 title is amended as follows: 

19 (1) Section 2700(2) is amended by inserting 

20 ‘‘ ‘pollutant or contaminant’,’’ after ‘‘ ‘person’,’’. 

21 (2) Section 2701(b)(1) is amended by striking 

22 ‘‘substances, pollutants, and’’ and inserting ‘‘sub23 stances and pollutants or’’. 

24 (d) REDUCED REPORTING TIME LIMITS FOR RE25 PORTS SUBMITTED IN ELECTRONIC MEDIA.— 


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1 (1) Section 2694a(e) of such title, as amended 

2 by subsection (b)(1)(A), is amended by inserting be3 fore the period at the end the following: ‘‘or, if ear4 lier, a period of 14 days has elapsed from the date 

5 on which a copy of the notification is provided in an 

6 electronic medium pursuant to section 480 of this 

7 title’’. 

8 (2) Section 2806(c)(2)(B) of such title is 

9 amended by inserting before the period at the end 

10 the following: ‘‘or, if earlier, a period of 14 days has 

11 elapsed from the date on which a copy of the report 

12 is provided in an electronic medium pursuant to sec13 tion 480 of this title’’. 

14 (3) Section 2814(g)(2) of such title is amended 

15 by inserting before the period at the end the fol16 lowing: ‘‘or, if earlier, a period of 15 days has 

17 elapsed from the date on which a copy of the notifi18 cation is provided in an electronic medium pursuant 

19 to section 480 of this title’’. 

20 (4) Section 2828(f)(2) of such title is amended 

21 by inserting before the period at the end the fol22 lowing: ‘‘or, if earlier, a period of 14 days has 

23 elapsed from the date on which a copy of the notifi24 cation is provided in an electronic medium pursuant 

25 to section 480 of this title’’. 


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1 (5) Section 2835(g)(2) of such title is amend2 ed— 

3 (A) by striking ‘‘calendar’’; and 

4 (B) by inserting before the period at the 

5 end the following: ‘‘or, if earlier, a period of 14 

6 days has elapsed from the date on which a copy 

7 of the analysis is provided in an electronic me8 dium pursuant to section 480 of this title’’. 

9 (6) Sections 2881a(e)(2) and 2884(a)(4) of 

10 such title are amended by inserting before the period 

11 at the end the following: ‘‘or, if earlier, a period of 

12 15 days has elapsed from the date on which a copy 

13 of the report is provided in an electronic medium 

14 pursuant to section 480 of this title’’. 

15 (e) TRANSFER OF SECTION 2184.— 

16 (1) Section 2814 of such title, as amended by 

17 subsections (b)(3) and (d)(3), is transferred to chap18 ter 631, inserted after section 7205, redesignated as 

19 section 7206, and amended by striking ‘‘this chap20 ter’’ in paragraphs (2) and (3)(B) of subsection (i) 

21 and inserting ‘‘chapter 169 of this title’’. 

22 (2)(A) The table of sections at the beginning of 

23 chapter 169 of such title is amended by striking the 

24 item relating to section 2814. 


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1 (B) The table of sections at the beginning of 

2 chapter 631 of such title is amended by inserting 

3 after the item relating to section 7205 the following 

4 new item: 

‘‘7206. Special authority for development of Ford Island, Hawaii.’’. 

5 (3) Any reference in any other law to section 

6 2814 of title 10, United States Code, shall be con7 sidered to be a reference to section 7206 of title 10, 

8 United States Code, as transferred and redesignated 

9 by paragraph (1). 

10 SEC. 1032. TECHNICAL AND CLERICAL AMENDMENTS TO 

11 CORRECT OBSOLETE CROSS-REFERENCE. 

12 (a) CROSS-REFERENCE AMENDMENTS.—Section 382 

13 of title 10, United States Code, is amended by striking 

14 ‘‘section 175 or 2332c’’ in subsections (a), (b)(2)(C), and 

15 (d)(2)(A)(ii) and inserting ‘‘section 175, 229, or 2332a’’. 

16 (b) CLERICAL AMENDMENTS.—The heading of such 

17 section, and the item relating to such section in the table 

18 of sections at the beginning of chapter 18 of such title, 

19 are each amended by striking the fourth, fifth, and sixth 

20 words. 

21 SEC. 1033. REVISION TO REPORT REQUIREMENT RELATING 

22 TO SUPPORT OF MILITARY MUSEUMS. 

23 (a) CHANGE IN FREQUENCY OF REPORT.—Sub24 section (a) of section 489 of title 10, United States Code, 

25 is amended by striking ‘‘As part of’’ and all that follows 


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1 through ‘‘fiscal year—’’ and inserting the following: ‘‘The 

2 Secretary of Defense shall submit to Congress a report 

3 not less often than every two years on military museums. 

4 Such a report shall be submitted as part of the budget 

5 materials submitted to Congress for every odd-numbered 

6 fiscal year, in connection with the submission of the budg7 et for that fiscal year pursuant to section 1105 of title 

8 31, but in no case later than the March 15 preceding the 

9 beginning of that fiscal year. In each such report, the Sec10 retary shall identify all military museums that, during the 

11 most recently completed two fiscal-year period—’’. 

12 (b) REPEAL OF REQUIRED REPORT ELEMENT.— 

13 Subsection (b) of such section is amended— 

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

15 (2) by redesignating paragraph (6) as para16 graph (5). 

17 (c) CLERICAL AMENDMENTS.— 

18 (1) The heading of such section is amended to 

19 read as follows: 

20 ‘‘§ 489. Department of Defense operation and finan21 cial support for military museums: bien22 nial report’’. 

23 (2) The item relating to section 489 in the table 

24 of sections at the beginning of chapter 23 of such 

25 title is amended to read as follows: 


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

1 SEC. 1034. AUTHORITY TO MAKE EXCESS NONLETHAL SUP2 PLIES AVAILABLE FOR DOMESTIC EMER3 GENCY ASSISTANCE. 

4 (a) DOMESTIC AUTHORITY.—Section 2557 of title 

5 10, United States Code, is amended— 

6 (1) in subsection (a)(1), by adding at the end 

7 the following new sentence: ‘‘In addition, the Sec8 retary may make nonlethal excess supplies of the 

9 Department available to support domestic emergency 

10 assistance activities.’’; and 

11 (2) in subsection (b)— 

12 (A) by inserting ‘‘(1)’’ before ‘‘Excess’’; 

13 and 

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

15 paragraph: 

16 ‘‘(2) Excess supplies made available under this 

17 section to support domestic emergency assistance ac18 tivities shall be distributed in coordination with the 

19 Secretary of Homeland Security.’’. 

20 (b) CLERICAL AMENDMENTS.— 

21 (1) SECTION HEADING.—The heading of such 

22 section is amended to read as follows: 


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1 ‘‘§ 2557. Excess nonlethal supplies: availability for hu2 manitarian relief; domestic emergency 

3 assistance; and homeless veterans assist4 ance’’. 

5 (2) TABLE OF SECTIONS.—The item relating to 

6 such section in the table of sections at the beginning 

7 of chapter 152 of such title is amended to read as 

8 follows: 

‘‘2557. Excess nonlethal supplies: availability for humanitarian relief; domestic 

emergency assistance; and homeless veterans assistance.’’. 

9 SEC. 1035. SALE OF SURPLUS MILITARY EQUIPMENT TO 

10 STATE AND LOCAL HOMELAND SECURITY 

11 AND EMERGENCY MANAGEMENT AGENCIES. 

12 (a) STATE AND LOCAL AGENCIES TO WHICH SALES

13 MAY BE MADE.—Section 2576 of title 10, United States 

14 Code, is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘local law enforcement and 

17 firefighting’’ and inserting ‘‘local law enforce18 ment, firefighting, homeland security, and 

19 emergency management’’; and 

20 (B) by striking ‘‘carrying out law enforce21 ment and firefighting’’ and inserting ‘‘carrying 

22 out law enforcement, firefighting, homeland se23 curity, and emergency management’’ after ‘‘car24 rying out’’; and 


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1 (2) in subsection (b), by striking ‘‘law enforce2 ment or firefighting’’ both places it appears and in3 serting ‘‘law enforcement, firefighting, homeland se4 curity, or emergency management’’. 

5 (b) TYPES OF EQUIPMENT THAT MAY BE SOLD.— 

6 Subsection (a) of such section is further amended by strik7 ing ‘‘and protective body armor’’ and inserting ‘‘personal 

8 protective equipment, and other appropriate equipment’’. 

9 (c) CLERICAL AMENDMENTS.— 

10 (1) SECTION HEADING.—The heading of such 

11 section is amended to read as follows: 

12 ‘‘§ 2576. Surplus military equipment: sale to State and 

13 local law enforcement, firefighting, home14 land security, and emergency manage15 ment agencies’’. 

16 (2) TABLE OF SECTIONS.—The item relating to 

17 such section in the table of sections at the beginning 

18 of chapter 153 of such title is amended to read as 

19 follows: 

‘‘2576. Surplus military equipment: sale to State and local law enforcement, 

firefighting, homeland security, and emergency management 

agencies.’’. 


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1 SEC. 1036. ENHANCED AUTHORITY FOR SERVICEMEMBERS 

2 AND DEPARTMENT OF DEFENSE CIVILIAN 

3 EMPLOYEES AND THEIR FAMILY MEMBERS 

4 TO ACCEPT GIFTS FROM NON-FEDERAL ENTI5 TIES. 

6 (a) CODIFICATION.— 

7 (1) ENACTMENT IN TITLE 10 OF SECTION 8127

8 GIFT ACCEPTANCE AUTHORITY.—Chapter 155 of 

9 title 10, United States Code, is amended by insert10 ing after section 2601 a new section 2601a con11 sisting of— 

12 (A) a heading as follows: 

13 ‘‘§ 2601a. Acceptance of gifts by members of the 

14 armed forces and Department of Defense 

15 employees and their family members; reg16 ulations’’; 

17 and 

18 (B) a text consisting of the text of sub19 sections (a) through (c) of section 8127 of the 

20 Department of Defense Appropriations Act, 

21 2006 (division A of Public Law 109–148; 119 

22 Stat. 2730; 10 U.S.C. 2601 note). 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such chapter is amended 

25 by inserting after the item relating to section 2601 

26 the following new item: 


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‘‘2601a. Acceptance of gifts by members of the armed forces and Department 

of Defense employees and their family members; regulations.’’. 

1 (b) REVISIONS.— 

2 (1) PERSONS COVERED.—Section 2601a of title 

3 10, United States Code, as added by subsection (a), 

4 is amended— 

5 (A) in subsection (a), by striking ‘‘mem6 bers of the Armed Forces described in sub7 section (c), and the family members of such a 

8 member,’’ and inserting ‘‘a member of the 

9 armed forces described in subsection (c) and a 

10 civilian employee of the Department of Defense 

11 described in subsection (d), the family members 

12 of such a member or employee, and survivors of 

13 such a member or employee who is killed’’; and 

14 (B) in subsection (b), by inserting ‘‘and a 

15 civilian employee described in subsection (d)’’ 

16 after ‘‘described in subsection (c)’’. 

17 (2) CIRCUMSTANCES OF INJURY OR ILLNESS

18 FOR COVERAGE.—Such section is further amended— 

19 (A) in subsection (c)— 

20 (i) by striking ‘‘or’’ at the end of 

21 paragraph (1); 

22 (ii) by striking the period at the end 

23 of paragraph (2) and inserting ‘‘; or’’; and 


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1 (iii) by adding at the end the fol2 lowing new paragraph: 

3 ‘‘(3) under other circumstances determined by 

4 the Secretary concerned to warrant treatment analo5 gous to members covered by paragraph (1) or (2).’’; 

6 and 

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

8 subsection: 

9 ‘‘(d) COVERED EMPLOYEES.—A civilian employee of 

10 the Department of Defense is described in this subsection 

11 in the case of an employee who on or after September 11, 

12 2001, and while an employee, incurred an injury or illness 

13 under a circumstance described in paragraph (1), (2), or 

14 (3) of subsection (c).’’. 

15 (3) UNIFORM REGULATIONS.—Subsection (a) of 

16 such section is further amended— 

17 (A) by inserting ‘‘(1)’’ after ‘‘REGULA18 TIONS.—’’; 

19 (B) by designating the second sentence as 

20 paragraph (2); and 

21 (C) by striking ‘‘uniformly to’’ and all that 

22 follows through the period and inserting ‘‘uni23 formly to all elements of the Department of De24 fense and, to the maximum extent feasible, to 

25 the Coast Guard.’’. 


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1 (4) TECHNICAL AND CLERICAL AMENDMENTS

2 RESULTING FROM CODIFICATION.—Such section is 

3 further amended— 

4 (A) by striking ‘‘Armed Forces’’ in sub5 sections (b) and (c) and inserting ‘‘armed 

6 forces’’; 

7 (B) by striking ‘‘, United States Code’’ in 

8 subsection (b); and 

9 (C) by striking ‘‘title 10, United States 

10 Code’’ in subsection (c)(1) and inserting ‘‘this 

11 title’’. 

12 (c) REPEAL OF CODIFIED PROVISION.—Section 8127 

13 of the Department of Defense Appropriations Act, 2006 

14 (division A of Public Law 109–148; 119 Stat. 2730; 10 

15 U.S.C. 2601 note) is repealed. 

16 (d) RETROACTIVE APPLICABILITY OF REGULA17 TIONS.—Regulations under section 2601a(a) of title 10, 

18 United States Code, shall, to the extent provided in such 

19 regulations, also apply to the acceptance of gifts during 

20 the period beginning on September 11, 2001, and ending 

21 on the date on which such regulations go into effect. 


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1 TITLE XI—CIVILIAN PERSONNEL 

2 MATTERS 

3 SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

4 ANNUAL LIMITATION ON PREMIUM PAY AND 

5 AGGREGATE LIMITATION ON PAY FOR FED6 ERAL CIVILIAN EMPLOYEES WORKING OVER7 SEAS. 

8 Effective January 1, 2011, section 1101(a) of the 

9 Duncan Hunter National Defense Authorization Act for 

10 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), 

11 as amended by section 1106(a) of the National Defense 

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

13 84; 123 Stat. 2487), is amended by striking ‘‘calendar 

14 years 2009 and 2010’’ and inserting ‘‘calendar year 

15 2011’’. 

16 SEC. 1102. MILEAGE REIMBURSEMENT FOR PRIVATELY 

17 OWNED VEHICLES. 

18 (a) SINGLE STANDARD MILEAGE RATE ESTAB19 LISHED BY GSA.—Section 5704(a)(1) of title 5, United 

20 States Code, is amended by striking ‘‘not exceed’’ and in21 serting ‘‘equal’’. 

22 (b) PRESCRIPTION OF MILEAGE REIMBURSEMENT

23 RATES.—Section 5707(b) of such title is amended— 

24 (1) by amending paragraph (1)(A) to read as 

25 follows: 


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1 ‘‘(1)(A) The Administrator of General Services 

2 shall conduct periodic investigations of the cost of 

3 travel and the operation of privately owned airplanes 

4 and privately owned motorcycles by employees while 

5 engaged on official business, and shall report the re6 sults of such investigations to Congress at least once 

7 a year.’’; and 

8 (2) by amending paragraph (2)(A)(i) to read as 

9 follows: 

10 ‘‘(i) shall prescribe a mileage reim11 bursement rate for privately owned auto12 mobiles which equals, as provided in sec13 tion 5704(a)(1) of this title, the single 

14 standard mileage rate established by the 

15 Internal Revenue Service, and’’. 

16 TITLE XII—MATTERS RELATING 

17 TO FOREIGN NATIONS 

18 SEC. 1201. ADDITIONAL NATIONS TO WHICH CATALOGING 

19 DATA AND SERVICES MAY BE PROVIDED 

20 UNDER ARMS EXPORT CONTROL ACT ON NO21 COST, RECIPROCAL BASIS. 

22 Section 21(h)(2) of the Arms Export Control Act (22 

23 U.S.C. 2761(h)(2)) is amended by inserting ‘‘Austria, 

24 Brazil, Finland, Singapore,’’ after ‘‘Japan,’’ both places 

25 it appears. 


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1 SEC. 1202. AUTHORIZATION OF APPROPRIATIONS FOR AF2 GHANISTAN SECURITY FORCES FUND. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated for fiscal year 

5 2011 for the Afghanistan Security Forces Fund in the 

6 amount of $11,619,283,000. 

7 (b) LIMITATIONS.—Funds appropriated pursuant to 

8 the authorization of appropriations in subsection (a) shall 

9 be subject to the conditions contained in subsections (b) 

10 through (g) of section 1513 of the National Defense Au11 thorization Act for Fiscal Year 2008 (Public Law 110– 

12 181; 122 Stat. 428). 

13 TITLE XIII—OTHER 

14 AUTHORIZATIONS 

15 Subtitle A—Military Programs 

16 SEC. 1301. WORKING CAPITAL FUNDS. 

17 Funds are hereby authorized to be appropriated for 

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

19 activities and agencies of the Department of Defense for 

20 providing capital for the Defense Working Capital Funds 

21 in the amount of $1,434,536,000. 

22 SEC. 1302. NATIONAL DEFENSE SEALIFT FUND. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2011 for the National Defense Sealift Fund 

25 in the amount of $934,866,000. 


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1 SEC. 1303. DEFENSE COALITION ACQUISITION FUND. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2011 for the Defense Coalition Acquisition 

4 Fund in the amount of $10,000,000. 

5 SEC. 1304. CHEMICAL AGENTS AND MUNITIONS DESTRUC6 TION, DEFENSE. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

8 are hereby authorized to be appropriated for the Depart9 ment of Defense for fiscal year 2011 for expenses, not oth10 erwise provided for, for Chemical Agents and Munitions 

11 Destruction, Defense, in the amount of $1,467,307,000, 

12 of which— 

13 (1) $1,067,364,000 is for Operation and Main14 tenance; 

15 (2) $392,811,000 is for Research, Development, 

16 Test, and Evaluation; and 

17 (3) $7,132,000 is for Procurement. 

18 (b) USE.—Amounts authorized to be appropriated 

19 under subsection (a) are authorized for— 

20 (1) the destruction of lethal chemical agents 

21 and munitions in accordance with section 1412 of 

22 the Department of Defense Authorization Act, 1986 

23 (50 U.S.C. 1521); and 

24 (2) the destruction of chemical warfare materiel 

25 of the United States that is not covered by section 

26 1412 of such Act. 


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1 SEC. 1305. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for 

4 the Department of Defense for fiscal year 2011 for ex5 penses, not otherwise provided for, for Drug Interdiction 

6 and Counter-Drug Activities, Defense-wide, in the amount 

7 of $1,131,351,000. 

8 SEC. 1306. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for 

10 the Department of Defense for fiscal year 2011 for ex11 penses, not otherwise provided for, for the Office of the 

12 Inspector General of the Department of Defense, in the 

13 amount of $283,354,000, of which— 

14 (1) $282,354,000 is for Operation and Mainte15 nance; and 

16 (2) $1,000,000 is for Procurement. 

17 SEC. 1307. DEFENSE HEALTH PROGRAM. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

19 are hereby authorized to be appropriated for the Depart20 ment of Defense for fiscal year 2011 for expenses, not oth21 erwise provided for, for the Defense Health Program, in 

22 the amount of $30,935,111,000, of which— 

23 (1) $29,915,277,000 is for Operation and 

24 Maintenance; 

25 (2) $499,913,000 is for Research, Development, 

26 Test, and Evaluation; and 


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1 (3) $519,921,000 is for Procurement. 

2 (b) JOINT MEDICAL FACILITY DEMONSTRATION

3 FUND.— 

4 (1) AUTHORITY FOR TRANSFER OF FUNDS.— 

5 From funds appropriated pursuant to subsection 

6 (a)(1), the Secretary of Defense may transfer to the 

7 ‘‘Joint Department of Defense–Department of Vet8 erans Affairs Medical Facility Demonstration Fund’’ 

9 established by subsection (a)(1) of section 1704 of 

10 the National Defense Authorization Act for Fiscal 

11 Year 2010 (Public Law 111–84; 123 Stat. 2571). 

12 For purposes of subsection (a)(2) of that section, 

13 funds appropriated pursuant to subsection (a)(1) of 

14 this section shall be considered to be amounts au15 thorized and appropriated specifically for the pur16 pose of such a transfer. 

17 (2) USE OF TRANSFERRED FUNDS.—For the 

18 purposes of subsection (b) of that section 1704, fa19 cility operations for which funds transferred under 

20 paragraph (1) may be used are operations of the 

21 Captain James A. Lovell Federal Health Care Cen22 ter, consisting of the North Chicago Veterans Af23 fairs Medical Center, the Navy Ambulatory Care 

24 Center, and supporting facilities designated as a 

25 combined Federal medical facility under an operVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 ational agreement covered by section 706 of the 

2 Duncan Hunter National Defense Authorization Act 

3 for Fiscal Year 2009 (Public Law 110–417; 122 

4 Stat. 4500). 

5 Subtitle B—Armed Forces 

6 Retirement Home 

7 SEC. 1321. AUTHORIZATION OF APPROPRIATIONS FOR 

8 ARMED FORCES RETIREMENT HOME. 

9 There is hereby authorized to be appropriated for fis10 cal year 2011 from the Armed Forces Retirement Home 

11 Trust Fund the sum of $71,200,000 for the operation of 

12 the Armed Forces Retirement Home. 

13 TITLE XIV—AUTHORIZATION OF 

14 ADDITIONAL APPROPRIA15 TIONS FOR OVERSEAS CON16 TINGENCY OPERATIONS FOR 

17 FISCAL YEAR 2011 

18 SEC. 1401. PURPOSE. 

19 The purpose of this title is to authorize appropria20 tions for the Department of Defense for fiscal year 2011 

21 to provide additional funds for overseas contingency oper22 ations being carried out by the Armed Forces. 


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1 SEC. 1402. ARMY PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2011 for procurement for the Army in amounts 

4 as follows: 

5 (1) For aircraft procurement, $1,373,803,000. 

6 (2) For missile procurement, $343,828,000. 

7 (3) For weapons and tracked combat vehicles 

8 procurement, $687,500,000. 

9 (4) For ammunition procurement, 

10 $702,591,000. 

11 (5) For other procurement, $5,827,274,000. 

12 SEC. 1403. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

13 FUND. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2011 for the Joint Improvised Explosive Device 

16 Defeat Fund in the amount of $3,250,000,000. 

17 SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2011 for procurement for the Navy and Marine 

20 Corps in amounts as follows: 

21 (1) For aircraft procurement, Navy, 

22 $420,358,000. 

23 (2) For weapons procurement, Navy, 

24 $93,425,000. 

25 (3) For ammunition procurement, Navy and 

26 Marine Corps, $565,084,000. 


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1 (4) For other procurement, Navy, 

2 $480,735,000. 

3 (5) For procurement, Marine Corps, 

4 $1,778,243,000. 

5 SEC. 1405. AIR FORCE PROCUREMENT. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2011 for procurement for the Air Force in 

8 amounts as follows: 

9 (1) For aircraft procurement, $1,362,420,000. 

10 (2) For ammunition procurement, 

11 $292,959,000. 

12 (3) For missile procurement, $56,621,000. 

13 (4) For other procurement, $3,087,481,000. 

14 SEC. 1406. MINE RESISTANT AMBUSH PROTECTED VEHICLE 

15 FUND. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2011 for the Mine Resistant Ambush Protected 

18 Vehicle Fund in the amount of $3,415,000,000. 

19 SEC. 1407. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2011 for the procurement account for Defense22 wide activities in the amount of $874,546,000. 


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1 SEC. 1408. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION. 

3 Funds are hereby authorized to be appropriated for 

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

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

6 (1) For the Army, $150,906,000. 

7 (2) For the Navy, $60,401,000. 

8 (3) For the Air Force, $266,241,000. 

9 (4) For Defense-wide activities, $157,240,000. 

10 SEC. 1409. OPERATION AND MAINTENANCE. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2011 for the use of the Armed Forces for ex13 penses, not otherwise provided for, for operation and 

14 maintenance, in amounts as follows: 

15 (1) For the Army, $62,602,618,000. 

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, 

20 $9,426,358,000. 

21 (6) For the Army Reserve, $286,950,000. 

22 (7) For the Navy Reserve, $93,559,000. 

23 (8) For the Marine Corps Reserve, 

24 $29,685,000. 

25 (9) For the Air Force Reserve, $129,607,000. 


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1 (10) For the Army National Guard, 

2 $544,349,000. 

3 (11) For the Air National Guard, 

4 $350,823,000. 

5 (12) For the Afghanistan Security Forces 

6 Fund, $11,619,283,000. 

7 (13) For the Iraq Security Forces Fund, 

8 $2,000,000,000. 

9 (14) For the Overseas Contingency Operations 

10 Transfer Fund, $1,551,781,000. 

11 SEC. 1410. MILITARY PERSONNEL. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2011 to the Department of Defense for military 

14 personnel accounts in the total amount of 

15 $15,132,054,000. 

16 SEC. 1411. WORKING CAPITAL FUNDS. 

17 Funds are hereby authorized to be appropriated for 

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

19 activities and agencies of the Department of Defense for 

20 providing capital for working capital and revolving funds 

21 in the amount of $485,384,000. 

22 SEC. 1412. DEFENSE HEALTH PROGRAM. 

23 Funds are hereby authorized to be appropriated for 

24 the Department of Defense for fiscal year 2011 for ex25 penses, not otherwise provided for, for the Defense Health 


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1 Program in the amount of $1,398,092,000, for Operation 

2 and Maintenance. 

3 SEC. 1413. DRUG INTERDICTION AND COUNTER-DRUG AC4 TIVITIES, DEFENSE-WIDE. 

5 Funds are hereby authorized to be appropriated for 

6 the Department of Defense for fiscal year 2011 for ex7 penses, not otherwise provided for, for Drug Interdiction 

8 and Counter-Drug Activities, Defense-wide in the amount 

9 of $457,110,000. 

10 SEC. 1414. DEFENSE INSPECTOR GENERAL. 

11 Funds are hereby authorized to be appropriated for 

12 the Department of Defense for fiscal year 2011 for ex13 penses, not otherwise provided for, for the Office of the 

14 Inspector General of the Department of Defense in the 

15 amount of $10,529,000, for Operation and Maintenance. 

16 DIVISION B—MILITARY CON17 STRUCTION AUTHORIZA18 TIONS 

19 SEC. 2001. SHORT TITLE. 

20 This division may be cited as the ‘‘Military Construc21 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 for mili7 tary construction projects, land acquisition, family housing 

8 projects and facilities, and contributions to the North At9 lantic Treaty Organization Security Investment Program 

10 (and authorizations of appropriations therefore) shall ex11 pire on the later of— 

12 (1) October 1, 2013; or 

13 (2) the date of the enactment of an Act author14 izing funds for military construction for fiscal year 

15 2014. 

16 (b) EXCEPTION.—Subsection (a) shall not apply to 

17 authorizations for military construction projects, land ac18 quisition, family housing projects and facilities, and con19 tributions to the North Atlantic Treaty Organization Se20 curity Investment Program (and authorizations of appro21 priations therefore), for which appropriated funds have 

22 been obligated before the later of— 

23 (1) October 1, 2013; or 

24 (2) the date of the enactment of an Act author25 izing funds for fiscal year 2014 for military con26 struction projects, land acquisition, family housing 


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1 projects and facilities, or contributions to the North 

2 Atlantic Treaty Organization Security Investment 

3 Program. 

4 TITLE XXI—ARMY 

5 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2104(1), the Secretary of the Army may 

10 acquire real property and carry out military construction 

11 projects for the installations or locations inside the United 

12 States, and in the amounts, set forth in the following 

13 table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama .................. Fort Rucker ................................................. $69,650,000 

Alaska ..................... Fort Greely .................................................. $26,000,000 

Fort Richardson ........................................... $113,238,000 

Fort Wainwright .......................................... $173,000,000 

California ................ Presidio of Monterey .................................... $140,000,000 

Colorado .................. Fort Carson ................................................. $106,350,000 

Florida .................... Eglin Air Force Base ................................... $6,900,000 

Miami-Dade County ..................................... $41,000,000 

U.S. Army Garrison, Miami ........................ $19,000,000 

Georgia ................... Fort Benning ............................................... $177,400,000 

Fort Gordon ................................................. $4,150,000 

Fort Stewart ................................................ $125,250,000 

Hawaii .................... Fort Shafter ................................................. $81,000,000 

Schofield Barracks ....................................... $212,000,000 

Tripler Army Medical Center ...................... $28,000,000 

Kansas .................... Fort Leavenworth ........................................ $7,100,000 

Fort Riley .................................................... $57,100,000 

Kentucky ................. Fort Campbell .............................................. $143,900,000 

Fort Knox .................................................... $18,800,000 

Lousiana ................. Fort Polk ..................................................... $63,250,000 

Maryland ................. Aberdeen Proving Ground ........................... $14,600,000 

Fort Meade .................................................. $32,600,000 

Missouri .................. Fort Leonard Wood ..................................... $111,700,000 

New Mexico ............ White Sands Missile Range ......................... $29,000,000 

New York ................ Fort Drum ................................................... $228,800,000 

U.S. Military Academy ................................ $132,324,000 

North Carolina ....... Fort Bragg ................................................... $310,900,000 

Oklahoma ................ Fort Sill ....................................................... $26,600,000 

McAlester Army Ammunition Plant ............ $3,000,000 


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Army: Inside the United States—Continued 

State Installation or Location Amount 

South Carolina ........ Fort Jackson ................................................ $91,000,000 

Texas ...................... Fort Bliss ..................................................... $149,950,000 

Fort Hood .................................................... $145,050,000 

Fort Sam Houston ....................................... $22,200,000 

Virginia ................... Fort A.P. Hill .............................................. $93,600,000 

Fort Eustis .................................................. $18,000,000 

Fort Lee ....................................................... $48,400,000 

Washington ............. Fort Lewis ................................................... $171,800,000 

Yakima Firing Range .................................. $3,750,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(2), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ............... Bagram Air Base ...................................... $101,500,000 

Germany .................... Ansbach ..................................................... $31,800,000 

Grafenwoehr .............................................. $75,500,000 

Rhine Ordnance Barracks ......................... $35,000,000 

Sembach Air Base ..................................... $9,100,000 

Wiesbaden Air Base .................................. $126,500,000 

Honduras .................. Soto Cano Air Base ................................... $20,400,000 

Korea ........................ Camp Walker ............................................. $19,500,000 

8 SEC. 2102. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(5)(A), the Secretary of the 

12 Army may construct or acquire family housing units (in13 cluding land acquisition and supporting facilities) at the 


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1 installations or locations, in the number of units, and in 

2 the amounts set forth in the following table: 

Army: Family Housing 

Location Installation or Location Units Amount 

Alaska ..................... Fort Wainwright ......................... 110 .......... $21,000,000 

Germany ................. Baumholder ................................. 64 ............ $34,329,000 

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in 

5 section 2104(5)(A), the Secretary of the Army may carry 

6 out architectural and engineering services and construc7 tion design activities with respect to the construction or 

8 improvement of family housing units in an amount not 

9 to exceed $2,040,000. 

10 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

11 UNITS. 

12 Subject to section 2825 of title 10, United States 

13 Code, and using amounts appropriated pursuant to the 

14 authorization of appropriations in section 2104(5)(A), the 

15 Secretary of the Army may improve existing military fam16 ily housing units in an amount not to exceed $35,000,000. 

17 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2010, for mili20 tary construction, land acquisition, and military family 

21 housing functions of the Department of the Army in the 

22 total amount of $4,689,307,000 as follows: 


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1 (1) For military construction projects inside the 

2 United States authorized by section 2101(a), 

3 $3,246,362,000. 

4 (2) For military construction projects outside 

5 the United States authorized by section 2101(b), 

6 $419,300,000. 

7 (3) For unspecified minor military construction 

8 projects authorized by section 2805 of title 10, 

9 United States Code, $23,000,000. 

10 (4) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $249,636,000. 

13 (5) For military family housing functions: 

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military 

16 family housing and facilities, $92,369,000. 

17 (B) For support of military family housing 

18 (including the functions described in section 

19 2833 of title 10, United States Code), 

20 $518,140,000. 

21 (6) For the construction of increment 4 of a 

22 brigade complex operations support facility at 

23 Vicenza, Italy, authorized by section 2101(b) of the 

24 Military Construction Authorization Act for Fiscal 


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1 Year 2008 (division B of Public Law 110–181; 122 

2 Stat. 505), $25,000,000. 

3 (7) For the construction of increment 4 of a 

4 brigade complex barracks and community support 

5 facility at Vicenza, Italy, authorized by section 

6 2101(b) of the Military Construction Authorization 

7 Act for Fiscal Year 2008 (division B of Public Law 

8 110–181; 122 Stat. 505), $26,000,000. 

9 (8) For the construction of increment 2 of the 

10 Command and Battle Center at Wiesbaden, Ger11 many, authorized by section 2101(b) of the Military 

12 Construction Authorization Act for Fiscal Year 2009 

13 (division B of Public Law 110–417; 122 Stat. 

14 4662), $59,500,000. 

15 (9) For the construction of increment 2 of an 

16 Aviation Task Force Complex Phase 1 at Fort 

17 Wainwright, Alaska, authorized by section 2101(a) 

18 of the Military Construction Authorization Act for 

19 Fiscal Year 2010 (division B of Public Law 111–84; 

20 123 Stat. 2630), $30,000,000. 

21 SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

22 FISCAL YEAR 2008 PROJECTS. 

23 (a) EXTENSION.—Notwithstanding section 2701 of 

24 the Military Construction Authorization Act for Fiscal 

25 Year 2008 (division B of Public Law 110–181; 122 Stat. 


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1 531), authorizations set forth in the table in subsection 

2 (b), as provided in section 2101 of that Act, shall remain 

3 in effect until October 1, 2011, or the date of the enact4 ment of an Act authorizing funds for military construction 

5 for fiscal year 2012, whichever is later. 

6 (b) TABLE.—The table referred to in subsection (a) 

7 is as follows: 

Army: Extensions of 2008 Project Authorizations 

State Installation or 

Location Project Amount 

Georgia ............. Fort Stewart .................. Unit Operations Facilities.$16,000,000 

Hawaii .............. Schofield Barracks ........ Tactical Vehicle Wash 

Facility.

$10,200,000 

Barracks ComplexWheeler 205 $51,000,000 

Louisiana ......... Fort Polk ....................... Brigade Headquarters ... $9,800,000 

Child Care Facility ........ $6,100,000 

Missouri ........... Fort Leonard Wood ....... Automated 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 

8 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 

9 CERTAIN FISCAL YEAR 2009 PROJECT. 

10 The table in section 2101(b) of the Military Con11 struction Authorization Act for Fiscal Year 2009 (division 

12 B of Public Law 110–417; 122 Stat. 4658) is amended 

13 by striking ‘‘Katterbach’’ and inserting ‘‘Grafenwoehr’’. 

14 SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT 

15 CERTAIN FISCAL YEAR 2010 PROJECT. 

16 In the case of the authorization contained in the table 

17 in section 2101(a) of the Military Construction Authoriza18 tion Act for Fiscal Year 2010 (division B of Public Law 


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1 111–84; 123 Stat. 2628) for Fort Riley, Kansas, for con2 struction of a Brigade Complex at the installation, the 

3 Secretary of the Army may construct up to a 40,100 

4 square-feet brigade headquarters consistent with the 

5 Army’s construction guidelines for brigade headquarters. 

6 TITLE XXII—NAVY 

7 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 (a) INSIDE THE UNITED STATES.—Using amounts 

10 appropriated pursuant to the authorization of appropria11 tions in section 2204(1), the Secretary of the Navy may 

12 acquire real property and carry out military construction 

13 projects for the installations or locations inside the United 

14 States, and in the amounts, set forth in the following 

15 table: 

Navy: Inside the United States 

State Installation Amount 

Alabama ................ Mobile ............................................................... $29,082,000 

Arizona ................. Marine Corps Air Station, Yuma ..................... $285,060,000 

California .............. Marine Corps Base, Camp Pendleton .............. $362,124,000 

Naval Base, Coronado ...................................... $67,160,000 

Marine Corps Air Station, Miramar ................ $190,610,000 

Naval Station, San Diego ................................ $183,756,000 

Marine Corps Recruit Depot, San Diego ......... $9,950,000 

Marine Corps Base, Twentynine Palms ........... $53,158,000 

Florida .................. Blount Island Command .................................. $74,620,000 

Tampa .............................................................. $2,300,000 

Georgia ................. Naval Submarine Base, Kings Bay .................. $60,664,000 

Hawaii .................. Marine Corps Base, Camp Smith .................... $29,960,000 

Marine Corps Base, Kaneohe Bay ................... $109,660,000 

Naval Station, Pearl Harbor ............................ $108,468,000 

Maryland .............. Naval Support Facility, Indian Head .............. $34,238,000 

Naval Air Station, Patuxent River ................... $42,211,000 

North Carolina ..... Marine Corps Base, Camp Lejeune ................. $789,393,000 

Marine Corps Air Station, Cherry Point ......... $65,510,000 

Rhode Island ........ Naval Station, Newport .................................... $27,007,000 

South Carolina ..... Marine Corps Air Station, Beaufort ................ $129,410,000 

Virginia ................. Naval Station, Norfolk ..................................... $12,435,000 

Marine Corps Base, Quantico .......................... $143,632,000 

Washington ........... Bangor .............................................................. $56,893,000 


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1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation or location outside the United 

6 States, and in the amounts, set forth in the following 

7 table: 

Navy: Outside the United States 

Country Installation Amount 

Bahrain ..................... Southwest Asia .......................................... $213,153,000 

Djibouti ..................... Camp Lemonier ......................................... $51,631,000 

Guam ........................ Naval Activities, Guam .............................. $213,940,000 

Japan ........................ Naval Air Stations, Atsugi ........................ $6,908,000 

Spain ......................... Naval Station, Rota ................................... $23,190,000 

8 SEC. 2202. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2204(5)(A), the Secretary of the 

12 Navy may construct or acquire family housing units (in13 cluding land acquisition and supporting facilities) at the 

14 installations or locations, in the number of units, and in 

15 the amount set forth in the following table: 

Navy: Family Housing 

Location Installation Units Amount 

Cuba ....................... Guantanamo Bay ........................ 71 ............ $37,169,000 

16 (b) PLANNING AND DESIGN.—Using amounts appro17 priated pursuant to the authorization of appropriations in 

18 section 2204(5)(A), the Secretary of the Navy may carry 

19 out architectural and engineering services and construcVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 tion design activities with respect to the construction or 

2 improvement of family housing units in an amount not 

3 to exceed $3,255,000. 

4 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

5 UNITS. 

6 Subject to section 2825 of title 10, United States 

7 Code, and using amounts appropriated pursuant to the 

8 authorization of appropriations in section 2204(5)(A), the 

9 Secretary of the Navy may improve existing military fam10 ily housing units in an amount not to exceed 

11 $146,020,000. 

12 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2010, for mili15 tary construction, land acquisition, and military family 

16 housing functions of the Department of the Navy in the 

17 total amount of $4,431,894,000, as follows: 

18 (1) For military construction projects inside the 

19 United States authorized by section 2201(a), 

20 $2,867,301,000. 

21 (2) For military construction projects outside 

22 the United States authorized by section 2201(b), 

23 $508,822,000. 


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1 (3) For unspecified minor military construction 

2 projects authorized by section 2805 of title 10, 

3 United States Code, $20,877,000. 

4 (4) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $120,050,000. 

7 (5) For military family housing functions: 

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military 

10 family housing and facilities, $186,444,000. 

11 (B) For support of military family housing 

12 (including functions described in section 2833 

13 of title 10, United States Code), $366,346,000. 

14 (6) For the construction of increment 7 of a 

15 limited area production and storage complex at Ban16 gor, Washington, authorized by section 2201(a) of 

17 the Military Construction Authorization Act for Fis18 cal Year 2005 (division B of Public Law 108–375; 

19 118 Stat. 2106), $19,116,000. 

20 (7) For the construction of increment 2 of a 

21 ship repair pier replacement at Norfolk Naval Ship22 yard, Virginia, authorized by section 2201(a) of the 

23 Military Construction Authorization Act for Fiscal 

24 Year 2010 (division B of Public Law 111–84; 123 

25 Stat. 2633), $100,000,000. 


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1 (8) For the construction of increment 2 of a 

2 wharves improvement at Apra Harbor, Guam, au3 thorized by section 2201(b) of the Military Con4 struction Authorization Act for Fiscal Year 2010 

5 (division B of Public Law 111–84; 123 Stat. 2633), 

6 $40,000,000. 

7 (9) For the construction of increment 2 of 

8 north ramp utilities at Andersen Air Force Base, 

9 Guam, authorized by section 2201(b) of the Military 

10 Construction Authorization Act for Fiscal Year 2010 

11 (division B of Public Law 111–84; 123 Stat. 2633), 

12 $79,350,000. 

13 (10) For the construction of increment 2 of 

14 north ramp parking at Andersen Air Force Base, 

15 Guam, authorized by section 2201(b) of the Military 

16 Construction Authorization Act for Fiscal Year 2010 

17 (division B of Public Law 111–84; 123 Stat. 2633), 

18 $93,588,000. 

19 (11) For the construction of increment 2 of a 

20 tertiary water treatment plant at Marine Corps Base 

21 Camp Pendleton, California, authorized by section 

22 2201(a) of the Military Construction Authorization 

23 Act for Fiscal Year 2010 (division B of Public Law 

24 111–84; 123 Stat. 2632), $30,000,000. 


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1 SEC. 2205. EXTENSION OF AUTHORIZATION OF CERTAIN 

2 FISCAL YEAR 2008 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2008 (division B of Public Law 110–181; 122 Stat. 

6 531), the authorization set forth in the table in subsection 

7 (b), as provided in section 2203 of that Act, shall remain 

8 in effect until October 1, 2011, or the date of an Act au9 thorizing funds for military construction for fiscal year 

10 2012, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows: 

Navy: Extension of 2008 Project Authorization 

State/Country Installation or 

Location Project Amount 

Worldwide ........ Various .......................... Host Nation Infrastructure.$2,700,000 

13 SEC. 2206. TECHNICAL AMENDMENT TO CARRY OUT CER14 TAIN FISCAL YEAR 2010 PROJECT. 

15 Section 2204(a) of the Military Construction Author16 ization Act for Fiscal Year 2010 (division B of Public Law 

17 111–84; 123 Stat. 2635), is amended by adding at the 

18 end the following new paragraph: 

19 ‘‘(14) For the construction of the first incre20 ment of a tertiary water treatment plant at Marine 

21 Corps Base Camp Pendleton, California, authorized 

22 by section 2201(a), $112,330,000.’’. 


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1 TITLE XXIII—AIR FORCE 

2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

3 LAND ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2304(1), the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the installations or locations inside the 

9 United States, and in the amounts, set forth in the fol10 lowing table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alabama ...................... Maxwell Air Force Base .......................... $13,400,000 

Alaska .......................... Eielson Air Force Base ........................... $28,000,000 

Elmendorf Air Force Base ...................... $30,274,000 

Arizona ........................ Davis-Monthan Air Force Base .............. $48,500,000 

Fort Huachuca ........................................ $11,000,000 

Colorado ...................... Buckley Air Force Base .......................... $12,160,000 

Peterson Air Force Base ......................... $24,800,000 

U.S. Air Force Academy ......................... $27,600,000 

District of Columbia ... Bolling Air Force Base ........................... $13,200,000 

Delaware ..................... Dover Air Force Base ............................. $3,200,000 

Florida ......................... Eglin Air Force Base .............................. $11,400,000 

Hurlburt Field ......................................... $34,670,000 

Patrick Air Force Base ........................... $158,009,000 

Louisiana ..................... Barksdale Air Force Base ....................... $18,140,000 

Nevada ........................ Creech Air Force Base ............................ $11,710,000 

Nellis Air Force Base .............................. $51,640,000 

New Jersey .................. McGuire Air Force Base ......................... $26,440,000 

New Mexico ................. Cannon Air Force Base .......................... $34,000,000 

Holloman Air Force Base ....................... $37,970,000 

Kirtland Air Force Base ......................... $24,402,000 

New York .................... Fort Drum .............................................. $20,440,000 

North Dakota .............. Minot Air Force Base ............................. $18,770,000 

Oklahoma .................... Tinker Air Force Base ............................ $14,000,000 

South Carolina ............ Charleston Air Force Base ...................... $15,000,000 

Texas ........................... Dyess Air Force Base ............................. $4,080,000 

Ellington Field ........................................ $7,000,000 

Lackland Air Force Base ........................ $127,280,000 

Utah ............................ Hill Air Force Base ................................. $2,800,000 

Virginia ....................... Langley Air Force Base .......................... $8,800,000 

Wyoming ..................... Camp Guernsey ....................................... $4,650,000 

Unspecified .................. Unspecified Locations ............................. $76,600,000 


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1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Afghanistan ............... Bagram Air Base ...................................... $42,960,000 

Bahrain ..................... Shaikh Isa Air Base .................................. $45,000,000 

Guam ........................ Andersen Air Force Base .......................... $50,300,000 

Germany .................... Kapaun ...................................................... $19,600,000 

Ramstein Air Base .................................... $22,354,000 

Vilseck ....................................................... $12,900,000 

Italy ........................... Aviano Air Base ........................................ $29,200,000 

Korea ........................ Kunsan Air Base ....................................... $7,500,000 

Qatar ......................... Al Udeid Air Base ..................................... $62,300,000 

United Kingdom ....... RAF Mildenhall ......................................... $15,000,000 

8 SEC. 2302. FAMILY HOUSING. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2304(5)(A), the Sec11 retary of the Air Force may carry out architectural and 

12 engineering services and construction design activities 

13 with respect to the construction or improvement of family 

14 housing units in an amount not to exceed $4,225,000. 

15 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

16 UNITS. 

17 Subject to section 2825 of title 10, United States 

18 Code, and using amounts appropriated pursuant to the 

19 authorization of appropriations in section 2304(5)(A), the 


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1 Secretary of the Air Force may improve existing military 

2 family housing units in an amount not to exceed 

3 $73,800,000. 

4 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

5 FORCE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2010, for mili8 tary construction, land acquisition, and military family 

9 housing functions of the Department of the Air Force in 

10 the total amount of $1,903,202,000, as follows: 

11 (1) For military construction projects inside the 

12 United States authorized by section 2301(a), 

13 $919,935,000. 

14 (2) For military construction projects outside 

15 the United States authorized by section 2301(b), 

16 $307,114,000. 

17 (3) For unspecified minor military construction 

18 projects authorized by section 2805 of title 10, 

19 United States Code, $18,000,000. 

20 (4) For architectural and engineering services 

21 and construction design under section 2807 of title 

22 10, United States Code, $66,336,000. 

23 (5) For military family housing functions: 


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1 (A) For construction and acquisition, plan2 ning and design, and improvement of military 

3 family housing and facilities, $78,025,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 

6 of title 10, United States Code), $513,792,000. 

7 SEC. 2305. EXTENSION OF AUTHORIZATION OF CERTAIN 

8 FISCAL YEAR 2007 PROJECT. 

9 (a) EXTENSION.—Notwithstanding section 2701 of 

10 the Military Construction Authorization Act for Fiscal 

11 Year 2007 (division B of Public Law 109–364; 120 Stat. 

12 2463), the authorization set forth in the table in sub13 section (b), as provided in section 2302 of that Act and 

14 extended by section 2307 of the Military Construction Au15 thorization Act for Fiscal Year 2010 (division B of Public 

16 Law 111–84; 123 Stat. 2639), shall remain in effect until 

17 October 1, 2011, or the date of the enactment of an Act 

18 authorizing funds for military construction for fiscal year 

19 2012, whichever is later. 

20 (b) TABLE.—The table referred to in subsection (a) 

21 is as follows: 

Air Force: Extension of 2007 Project Authorization 

State Installation or 

Location Project Amount 

Idaho ............... Mountain Home Air 

Force Base.

Replace Family Housing (457 Units).$107,800,000 


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1 TITLE XXIV—DEFENSE 

2 AGENCIES 

3 Subtitle A—Defense Agency 

4 Authorizations 

5 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC6 TION AND LAND ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2403(1), the Secretary of Defense may 

10 acquire real property and carry out military construction 

11 projects for the installations or locations inside the United 

12 States, and in the amounts, set forth in the following 

13 table: 

Defense Education Activity 

State Installation or Location Amount 

Georgia ...................... Fort Benning ............................................. $2,800,000 

New York .................. U.S. Military Academy .............................. $27,960,000 

North Carolina .......... Fort Bragg ................................................ $45,086,000 

Marine Corps Base, Camp Lejeune .......... $16,646,000 

Virginia ..................... Marine Corps Base, Quantico ................... $47,355,000 

Defense Information Systems Agency 

State Installation or Location Amount 

Illinois ....................... Scott Air Force Base ................................. $1,388,000 

Defense Intelligence Agency 

State Installation or Location Amount 

District of Columbia ...... Bolling Air Force Base ......................... $3,000,000 

Defense Logistics Agency 

State Installation or Location Amount 

California ........... Naval Base, Ventura City (Point Mugu) .............. $3,100,000 

Georgia ............... Hunter Air National Guard Station ..................... $2,400,000 

Hawaii ................ Hickam Air Force Base ........................................ $8,500,000 

Idaho ................. Mountain Home Air Force Base .......................... $27,500,000 

Maryland ............ Andrews Air Force Base ....................................... $14,000,000 


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Defense Logistics Agency—Continued 

State Installation or Location Amount 

Ohio .................... Defense Supply Center, Columbus ....................... $7,400,000 

Pennsylvania ...... Defense Distribution Depot, New Cumberland .... $96,000,000 

Virginia .............. Craney Island ........................................................ $58,000,000 

National Security Agency 

State Installation or Location Amount 

Georgia ...................... Augusta ..................................................... $12,855,000 

Maryland ................... Fort Meade ................................................ $219,360,000 

Special Operations Command 

State Installation or Location Amount 

Arizona ...................... Yuma Proving Ground .............................. $8,977,000 

Colorado .................... Fort Carson ............................................... $3,717,000 

Florida ...................... Eglin Air Force Base ................................ $6,030,000 

Georgia ...................... Fort Benning ............................................. $24,065,000 

Hunter Army Airfield ................................ $3,318,000 

Hawaii ....................... Naval Station, Pearl Harbor ..................... $28,804,000 

Kentucky ................... Fort Campbell ........................................... $38,095,000 

New Mexico ............... Cannon Air Force Base ............................. $116,225,000 

North Carolina .......... Fort Bragg ................................................ $123,607,000 

TRICARE Management Activity 

State Installation or Location Amount 

Georgia ...................... Fort Stewart .............................................. $35,100,000 

Maryland ................... Bethesda National Naval Medical Center $80,000,000 

Fort Detrick .............................................. $45,700,000 

Massachusetts ........... Hanscom Air Force Base .......................... $2,900,000 

New Mexico ............... White Sands Missile Range ....................... $22,900,000 

Texas ......................... Lackland Air Force Base .......................... $162,500,000 

Virginia ..................... Fort Belvoir ............................................... $6,300,000 

Washington ............... Fort Lewis ................................................. $8,400,000 

Washington Headquarters Services 

State Installation or Location Amount 

Virginia ..................... Pentagon Reservation ................................ $63,324,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 


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1 United States, and in the amounts, set forth in the fol2 lowing table: 

Defense Education Activity 

Country Installation or Location Amount 

Belgium ..................... Brussels ..................................................... $67,311,000 

Germany .................... Panzer Kaserne ......................................... $48,968,000 

Puerto Rico ............... Fort Buchanan .......................................... $58,708,000 

United Kingdom ....... Royal Air Force Alconbury ........................ $30,308,000 

Defense Logistics Agency 

Country Installation or Location Amount 

Japan ........................ Kadena Air Base ....................................... $3,000,000 

Misawa Air Base ....................................... $31,000,000 

United Kingdom ....... RAF Mildenhall ......................................... $15,900,000 

National Security Agency 

Country Installation or Location Amount 

Qatar ......................... Al Udeid Air Base ..................................... $1,961,000 

United Kingdom ....... Menwith Hill Station ................................. $2,000,000 

North Atlantic Treaty Organization 

Country Installation or Location Amount 

Belgium ..................... NATO Headquarters ................................. $31,863,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Germany .................... Katterbach ................................................. $37,100,000 

Vilseck ....................................................... $34,800,000 

Korea ........................ Camp Carroll ............................................. $19,500,000 

3 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2403(6), the Secretary 

6 of Defense may carry out energy conservation projects 

7 under chapter 173 of title 10, United States Code, in the 

8 amount of $120,000,000. 


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1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE2 FENSE AGENCIES. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal years beginning after September 30, 2010, for mili5 tary construction, land acquisition, and military family 

6 housing functions of the Department of Defense (other 

7 than the military departments) in the total amount of 

8 $3,186,137,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2401(a), 

11 $1,373,312,000. 

12 (2) For military construction projects outside 

13 the United States authorized by section 2401(b), 

14 $382,419,000. 

15 (3) For unspecified minor military construction 

16 projects under section 2805 of title 10, United 

17 States Code, $42,856,000. 

18 (4) For contingency construction projects of the 

19 Secretary of Defense under section 2804 of title 10, 

20 United States Code, $10,000,000. 

21 (5) For architectural and engineering services 

22 and construction design under section 2807 of title 

23 10, United States Code, $431,617,000. 

24 (6) For energy conservation projects under 

25 chapter 173 of title 10, United States Code, 

26 $120,000,000. 


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1 (7) For military family housing functions: 

2 (A) For support of military family housing 

3 (including functions described in section 2833 

4 of title 10, United States Code), $50,464,000. 

5 (B) For credits to the Department of De6 fense Family Housing Improvement Fund 

7 under section 2883 of title 10, United States 

8 Code, and the Homeowners Assistance Fund es9 tablished under section 1013 of the Demonstra10 tion Cities and Metropolitan Development Act 

11 of 1966 (42 U.S.C. 3374), $17,611,000. 

12 (8) For the construction of increment 5 of the 

13 Army Medical Research Institute of Infectious Dis14 eases Stage I at Fort Detrick, Maryland, authorized 

15 by section 2401(a) of the Military Construction Au16 thorization Act of Fiscal Year 2007 (division B of 

17 Public Law 109–364; 120 Stat. 2457), $17,400,000. 

18 (9) For the construction of increment 3 of re19 placement fuel storage facilities at Point Loma 

20 Annex, California, authorized by section 2401(a) of 

21 the Military Construction Authorization Act of Fis22 cal Year 2008 (division B of Public Law 110–181; 

23 122 Stat. 521), as amended by section 2406 of the 

24 Military Construction Authorization Act of Fiscal 


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1 Year 2010 (division B of Public Law 111–84; 123 

2 Stat. 2646), $20,000,000. 

3 (10) For the construction of increment 3 of the 

4 United States Army Medical Research Institute of 

5 Chemical Defense replacement facility at Aberdeen 

6 Proving Ground, Maryland, authorized by section 

7 2401(a) of the Military Construction Authorization 

8 Act of Fiscal Year 2009 (division B of Public Law 

9 110–417; 122 Stat. 4689), $105,000,000. 

10 (11) For the construction of increment 3 of a 

11 National Security Agency data center at Camp Wil12 liams, Utah, authorized as a Military Construction, 

13 Defense-Wide project by the Supplemental Appro14 priations Act, 2009 (Public Law 111–32; 123 Stat. 

15 1888), $398,358,000. 

16 (12) For the construction of increment 2 of the 

17 hospital at Fort Bliss, Texas, authorized by section 

18 2401(a) of the Military Construction Authorization 

19 Act for Fiscal Year 2010 (division B of Public Law 

20 111–84; 123 Stat. 2642), $147,100,000. 

21 (13) For the construction of increment 2 of a 

22 hospital at Naval Activities, Guam, authorized by 

23 section 2401(b) of the Military Construction Author24 ization Act for Fiscal Year 2010 (division B of Pub25 lic Law 111–84; 123 Stat. 2643), $70,000,000. 


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1 Subtitle B—Chemical 

2 Demilitarization Authorizations 

3 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM4 ICAL DEMILITARIZATION CONSTRUCTION, 

5 DEFENSE-WIDE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2010, for mili8 tary construction and land acquisition for chemical demili9 tarization in the total amount of $124,971,000, as follows: 

10 (1) For the construction of phase 12 of a chem11 ical munitions demilitarization facility at Pueblo 

12 Chemical Activity, Colorado, authorized by section 

13 2401(a) of the Military Construction Authorization 

14 Act for Fiscal Year 1997 (division B of Public Law 

15 104–201; 110 Stat. 2775), as amended by section 

16 2406 of the Military Construction Authorization Act 

17 for Fiscal Year 2000 (division B of Public Law 106– 

18 65; 113 Stat. 839), section 2407 of the Military 

19 Construction Authorization Act for Fiscal Year 2003 

20 (division B of Public Law 107–314; 116 Stat. 

21 2698), and section 2413 of the Military Construc22 tion Authorization Act for Fiscal Year 2009 (divi23 sion B of Public Law 110–417; 122 Stat. 4697), 

24 $65,569,000. 


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1 (2) For the construction of phase 11 of a muni2 tions demilitarization facility at Blue Grass Army 

3 Depot, Kentucky, authorized by section 2401(a) of 

4 the Military Construction Authorization Act for Fis5 cal Year 2000 (division B of Public Law 106–65; 

6 113 Stat. 835), as amended by section 2405 of the 

7 Military Construction Authorization Act for Fiscal 

8 Year 2002 (division B of Public Law 107–107; 115 

9 Stat. 1298), section 2405 of the Military Construc10 tion Authorization Act for Fiscal Year 2003 (divi11 sion B of Public Law 107–314; 116 Stat. 2698), 

12 and section 2414 of the Military Construction Au13 thorization Act for Fiscal Year 2009 (division B of 

14 Public Law 110–417; 122 Stat. 4697), as amended 

15 by section 2412 of this Act, $59,402,000. 

16 SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT 

17 CERTAIN FISCAL YEAR 2000 PROJECT. 

18 (a) MODIFICATION.—The table in section 2401(a) of 

19 the Military Construction Authorization Act for Fiscal 

20 Year 2000 (division B of Public Law 106–65; 113 Stat. 

21 835), as amended by section 2405 of the Military Con22 struction Authorization Act for Fiscal Year 2002 (division 

23 B of Public Law 107–107; 115 Stat. 1298), section 2405 

24 of the Military Construction Authorization Act for Fiscal 

25 Year 2003 (division B of Public Law 107–314; 116 Stat. 


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1 2698), and section 2414 of the Military Construction Au2 thorization Act for Fiscal Year 2009 (division B of Public 

3 Law 110–417; 122 Stat. 4697), is amended— 

4 (1) under the agency heading relating to Chem5 ical Demilitarization, in the item relating to Blue 

6 Grass Army Depot, Kentucky, by striking 

7 ‘‘$492,000,000’’ in the amount column and inserting 

8 ‘‘$746,000,000’’; and 

9 (2) by striking the amount identified as the 

10 total in the amount column and inserting 

11 ‘‘$1,203,920,000’’. 

12 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) 

13 of the Military Construction Authorization Act for Fiscal 

14 Year 2000 (division B of Public Law 106–65; 113 Stat. 

15 839), as amended by section 2405 of the Military Con16 struction Authorization Act for Fiscal Year 2002 (division 

17 B of Public Law 107–107; 115 Stat. 1298), section 2405 

18 of the Military Construction Authorization Act for Fiscal 

19 Year 2003 (division B of Public Law 107–314; 116 Stat. 

20 2698), and section 2414 of the Military Construction Au21 thorization Act for Fiscal Year 2009 (division B of Public 

22 Law 110–417; 122 Stat. 4697), is further amended by 

23 striking ‘‘$469,200,000’’ and inserting ‘‘$723,200,000’’. 


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1 TITLE XXV—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 The Secretary of Defense may make contributions for 

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10, 

10 United States Code, in an amount not to exceed the sum 

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2010, for con18 tributions by the Secretary of Defense under section 2806 

19 of title 10, United States Code, for the share of the United 

20 States of the cost of projects for the North Atlantic Treaty 

21 Organization Security Investment Program authorized by 

22 section 2501, in the amount of $258,884,000. 


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1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON4 STRUCTION AND LAND ACQUISITION 

5 PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2606(1), the Secretary of the Army may 

9 acquire real property and carry out military construction 

10 projects for the Army National Guard locations inside the 

11 United States, and in the amounts, set forth in the fol12 lowing table: 

Army National Guard: Inside the United States 

State Location Amount 

Arizona ........................ Florence ................................................... $16,500,000 

Arkansas ..................... Camp Robinson ....................................... $30,000,000 

Fort Chafee ............................................. $21,500,000 

California ..................... Camp Roberts .......................................... $19,000,000 

Colorado ...................... Colorado Springs ..................................... $20,000,000 

Fort Carson ............................................. $40,000,000 

Gypsum ................................................... $39,000,000 

Windsor ................................................... $7,500,000 

Connecticut ................. Windsor Locks ........................................ $41,000,000 

Delaware ..................... New Castle .............................................. $27,000,000 

Georgia ........................ Cumming ................................................. $17,000,000 

Dobbins Air Reserve Base ...................... $10,400,000 

Hawaii ......................... Kalaeloa ................................................... $38,000,000 

Idaho ........................... Gowen Field ............................................ $17,500,000 

Mountain Home ...................................... $6,300,000 

Illinois ......................... Springfield ............................................... $15,000,000 

Kansas ......................... Wichita .................................................... $67,000,000 

Kentucky ..................... Burlington ............................................... $19,500,000 

Louisiana ..................... Fort Polk ................................................. $5,500,000 

Minden ..................................................... $28,000,000 

Maryland ..................... St. Inigoes ............................................... $5,500,000 

Massachusetts ............. Hanscom Air Force Base ........................ $23,000,000 

Michigan ...................... Camp Grayling Range ............................. $19,000,000 

Minnesota .................... Arden Hills .............................................. $29,000,000 

Camp Ripley ............................................ $8,750,000 

Nebraska ..................... Lincoln .................................................... $3,300,000 

Mead ........................................................ $11,400,000 

New Hampshire .......... Pembroke ................................................. $36,000,000 

New Mexico ................. Farmington ............................................. $8,500,000 

North Carolina ............ High Point .............................................. $1,551,000 

Camp Grafton ......................................... $11,200,000 


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Army National Guard: Inside the United States—Continued 

State Location Amount 

Rhode Island ............... East Greenwich ....................................... $27,000,000 

South Dakota .............. Watertown ............................................... $25,000,000 

Washington ................. Tacoma .................................................... $25,000,000 

Wisconsin .................... Madison ................................................... $5,700,000 

Wyoming ..................... Laramie ................................................... $14,400,000 

Texas ........................... Camp Maxey ............................................ $2,500,000 

Camp Swift .............................................. $2,600,000 

West Virginia .............. Moorefield ................................................ $14,200,000 

Morgantown ............................................. $21,000,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2606(1), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the Army National Guard locations outside 

6 the United States, and in the amounts, set forth in the 

7 following table: 

Army National Guard: Outside the United States 

Country Location Amount 

Guam ........................ Barrigada ................................................. $19,000,000 

Virgin Islands ........... St. Croix ................................................... $25,000,000 

Puerto Rico ............... Santiago ................................................... $12,300,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap9 propriated pursuant to the authorization of appropriations 

10 in section 2606(1), the Secretary of the Army may acquire 

11 real property and carry out military construction projects 

12 for unspecified installations or locations in the amounts 

13 set forth in the following table: 

Army National Guard 

Location Location or Installation Amount 

Worldwide Unspecified Unspecified Worldwide Locations .............. $37,063,000 


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1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2606(2), the Secretary of the Army may 

6 acquire real property and carry out military construction 

7 projects for the Army Reserve locations inside the United 

8 States, and in the amounts, set forth in the following 

9 table: 

Army Reserve 

State Location Amount 

California ..................... Fairfield ................................................... $26,000,000 

Fort Hunger Liggett ............................... $52,000,000 

Florida ......................... Miami ...................................................... $13,800,000 

Orlando .................................................... $10,200,000 

West Palm Beach .................................... $10,400,000 

Georgia ........................ Macon ...................................................... $11,400,000 

Iowa ............................. Des Moines .............................................. $8,175,000 

Illinois ......................... Quincy ..................................................... $12,200,000 

Indiana ........................ Michigan City .......................................... $15,500,000 

Massachusetts ............. Devens Reserve Forces Training Area .... $4,700,000 

Missouri ....................... Kansas City ............................................. $11,800,000 

New Mexico ................. Las Cruces .............................................. $11,400,000 

New York .................... Binghamton ............................................. $13,400,000 

Texas ........................... Dallas ...................................................... $12,600,000 

Rio Grande .............................................. $6,100,000 

San Marcos .............................................. $8,500,000 

Virginia ....................... Fort A.P. Hill .......................................... $15,500,000 

Roanoke ................................................... $14,800,000 

Virginia Beach ........................................ $11,000,000 

Wisconsin .................... Fort McCoy ............................................. $19,800,000 

10 (b) UNSPECIFIED WORLDWIDE.—Using amounts ap11 propriated pursuant to the authorization of appropriations 

12 in section 2606(2), the Secretary of the Army may acquire 

13 real property and carry out military construction projects 

14 for unspecified installations or locations in the amounts 

15 set forth in the following table: 


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Army Reserve 

Location Location or Installation Amount 

Worldwide Unspecified Unspecified Worldwide Locations .............. $28,900,000 

1 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

2 CORPS RESERVE CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2606(3), the Secretary of the Navy may 

7 acquire real property and carry out military construction 

8 projects for the Navy Reserve and Marine Corps Reserve 

9 locations inside the United States, and in the amounts, 

10 set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

California .................. Marine Corps Base, Twentynine Palms .... $5,991,000 

Louisiana .................. New Orleans .............................................. $16,281,000 

Virginia ..................... Williamsburg .............................................. $21,346,000 

Washington ............... Yakima ...................................................... $13,844,000 

11 (b) UNSPECIFIED WORLDWIDE.—Using amounts ap12 propriated pursuant to the authorization of appropriations 

13 in section 2606(3), the Secretary of the Navy may acquire 

14 real property and carry out military construction projects 

15 for unspecified installations or locations in the amounts 

16 set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

Location Location or Installation Amount 

Worldwide Unspecified Unspecified Worldwide Locations .............. $4,095,000 


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1 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2606(4), the Secretary of the Air Force 

6 may acquire real property and carry out military construc7 tion projects for the Air National Guard locations inside 

8 the United States, and in the amounts, set forth in the 

9 following table: 

Air National Guard 

State Location Amount 

Alabama ................ Montgomery Regional Airport (ANG) ............. $7,472,000 

Arizona ................. Davis Monthan Air Force Base ....................... $4,650,000 

Delaware ............... New Castle County Airport .............................. $1,500,000 

Florida .................. Jacksonville International Airport ................... $6,700,000 

Georgia ................. Savannah/Hilton Head International Airport .. $7,450,000 

Hawaii .................. Hickam Air Force Base ................................... $71,450,000 

Illinois ................... Capital Municipal Airport ................................ $16,700,000 

Indiana ................. Hulman Regional Airport ................................. $4,100,000 

Maryland .............. Martin State Airport ........................................ $11,400,000 

New York ............. Fort Drum ........................................................ $2,500,000 

Stewart International Airport .......................... $14,250,000 

North Carolina ..... Stanly County Airport ...................................... $2,000,000 

Pennsylvania ......... State College Air National Guard Station ....... $4,100,000 

Tennessee ............. Nashville International Airport ........................ $5,500,000 

10 (b) UNSPECIFIED WORLDWIDE.—Using amounts ap11 propriated pursuant to the authorization of appropriations 

12 in section 2606(4), the Secretary of the Air Force may 

13 acquire real property and carry out military construction 

14 projects for unspecified installations or locations in the 

15 amounts set forth in the following table: 

Air National Guard 

Location Location or Installation Amount 

Worldwide Unspecified Unspecified Worldwide Locations .............. $17,214,000 


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1 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2606(5), the Secretary of the Air Force 

6 may acquire real property and carry out military construc7 tion projects for the Air Force Reserve locations inside 

8 the United States, and in the amounts, set forth in the 

9 following table: 

Air Force Reserve 

State Location Amount 

Florida ......................... Patrick Air Force Base ............................. $3,420,000 

10 (b) UNSPECIFIED WORLDWIDE.—Using amounts ap11 propriated pursuant to the authorization of appropriations 

12 in section 2606(5), the Secretary of the Air Force may 

13 acquire real property and carry out military construction 

14 projects for unspecified installations or locations in the 

15 amounts set forth in the following table: 

Air Force Reserve 

Location Location or Installation Amount 

Worldwide Unspecified Unspecified Worldwide Locations .............. $4,412,000 

16 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA17 TIONAL GUARD AND RESERVE. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2010, for the 

20 costs of acquisition, architectural and engineering services, 


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1 and construction of facilities for the Guard and Reserve 

2 Forces, and for contributions therefor, under chapter 

3 1803 of title 10, United States Code (including the cost 

4 of acquisition of land for those facilities), in the following 

5 amounts: 

6 (1) For the Department of the Army, for the 

7 Army National Guard of the United States, 

8 $873,664,000. 

9 (2) For the Department of the Army, for the 

10 Army Reserve, $318,175,000. 

11 (3) For the Department of the Navy, for the 

12 Navy and Marine Corps Reserve, $61,557,000. 

13 (4) For the Department of the Air Force, for 

14 the Air National Guard of the United States, 

15 $176,986,000. 

16 (5) For the Department of the Air Force, for 

17 the Air Force Reserve, $7,832,000. 

18 SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

19 FISCAL YEAR 2008 PROJECTS. 

20 (a) EXTENSION.—Notwithstanding section 2701 of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2008 (division B of Public Law 110–181; 122 Stat. 

23 531), the authorization set forth in the tables in sub24 section (b), as provided in section 2601 and 2604 of that 

25 Act, shall remain in effect until October 1, 2011, or the 


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1 date of the enactment of an Act authorizing funds for mili2 tary construction for fiscal year 2012, whichever is later. 

3 (b) TABLE.—The tables referred to in subsection (a) 

4 are as follows: 

Army National Guard: Extension of 2008 Project Authorization 

State Installation or 

Location Project Amount 

Pennsylvania .... East Fallowfield Township.Readiness Center 

(SBCT).

$8,300,000 

Air National Guard: Extension of 2008 Project Authorization 

State Installation or 

Location Project Amount 

Vermont ........... Burlington ..................... Base Security Improvements.$6,600,000 

5 TITLE XXVII—BASE CLOSURE 

6 AND REALIGNMENT ACTIVITIES 

7 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

8 BASE CLOSURE AND REALIGNMENT ACTIVI9 TIES FUNDED THROUGH DEPARTMENT OF 

10 DEFENSE BASE CLOSURE ACCOUNT 1990. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal years beginning after September 30, 2010, for base 

13 closure and realignment activities, including real property 

14 acquisition and military construction projects, as author15 ized by the Defense Base Closure and Realignment Act 

16 of 1990 (part A of title XXIX of Public Law 101–510; 

17 10 U.S.C. 2687 note) and funded through the Department 

18 of Defense Base Closure Account 1990 established by secVerDate Mar 15 2010 01:44 May 06, 2010 Jkt 089200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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1 tion 2906 of such Act, in the total amount of 

2 $360,474,000, as follows: 

3 (1) For the Department of the Army, 

4 $73,600,000. 

5 (2) For the Department of the Navy, 

6 $162,000,000. 

7 (3) For the Department of the Air Force, 

8 $124,874,000. 

9 SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGN10 MENT ACTIVITIES FUNDED THROUGH DE11 PARTMENT OF DEFENSE BASE CLOSURE AC12 COUNT 2005. 

13 Using amounts appropriated pursuant to the author14 ization of appropriations in section 2703, the Secretary 

15 of Defense may carry out base closure and realignment 

16 activities, including real property acquisition and military 

17 construction projects, as authorized by the Defense Base 

18 Closure and Realignment Act of 1990 (part A of title 

19 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

20 funded through the Department of Defense Base Closure 

21 Account 2005 established by section 2906A of such Act, 

22 in the amount of $2,354,285,000. 


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1 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR 

2 BASE CLOSURE AND REALIGNMENT ACTIVI3 TIES FUNDED THROUGH DEPARTMENT OF 

4 DEFENSE BASE CLOSURE ACCOUNT 2005. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2010, for base 

7 closure and realignment activities, including real property 

8 acquisition and military construction projects, as author9 ized by the Defense Base Closure and Realignment Act 

10 of 1990 (part A of title XXIX of Public Law 101–510; 

11 10 U.S.C. 2687 note) and funded through the Department 

12 of Defense Base Closure Account 2005 established by sec13 tion 2906A of such Act, in the total amount of 

14 $2,354,285,000, 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 TITLE XXVIII—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS 

4 SEC. 2801. ALTERNATIVE USE OF PROCEEDS FROM THE 

5 SALE OF MILITARY FAMILY HOUSING. 

6 (a) AUTHORITY.—Section 2831 of title 10, United 

7 States Code, is amended— 

8 (1) in subsection (b), by striking ‘‘There’’ and 

9 inserting ‘‘Except as provided in subsection (e), 

10 there’’; 

11 (2) by redesignating subsections (e) and (f) as 

12 subsections (f) and (g), respectively; and 

13 (3) by inserting after subsection (d) the fol14 lowing new subsection (e): 

15 ‘‘(e) TRANSFER OF FUNDS.—The Secretary con16 cerned may transfer funds received under paragraph (3) 

17 of subsection (b) to the Department of Defense Family 

18 Housing Improvement Fund established under subsection 

19 (a) of section 2883 of this title.’’. 

20 (b) EXPANSION OF CREDITS AND NOTIFICATION RE21 QUIREMENT.—Section 2883 of such title is amended— 

22 (1) in subsection (c)(1), by adding at the end 

23 the following new subparagraph: 

24 ‘‘(H) Subject to subsection (f), any 

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1 posal of family housing of a military depart2 ment transferred to that Fund pursuant to sec3 tion 2831(e) of this title.’’; and 

4 (2) in subsection (f), by striking ‘‘subparagraph 

5 (B) or (G) of paragraph (1)’’ and inserting ‘‘sub6 paragraph (B), (G), or (H) of paragraph (1)’’. 

7 SEC. 2802. INCREASE IN DOLLAR THRESHOLDS FOR AU8 THORITIES RELATING TO UNSPECIFIED 

9 MINOR CONSTRUCTION PROJECTS. 

10 (a) MAXIMUM AMOUNT FOR PROJECTS TO CORRECT

11 DEFICIENCIES THAT ARE LIFE-THREATENING, HEALTH12 THREATENING, OR SAFETY-THREATENING.—Subsection 

13 (a)(2) of section 2805 of title 10, United States Code, is 

14 amended by striking ‘‘$3,000,000’’ in the second sentence 

15 and inserting ‘‘$4,000,000’’. 

16 (b) MINIMUM AMOUNT FOR PROJECTS SUBJECT TO

17 SECRETARIAL APPROVAL AND CONGRESSIONAL NOTICE18 AND-WAIT.—Subsection (b)(1) of such section is amended 

19 by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 

20 (c) MAXIMUM AMOUNT FOR PROJECTS FOR WHICH

21 OPERATION AND MAINTENANCE FUNDS MAY BE

22 USED.—Subsection (c)(1) of such section is amended— 

23 (1) by striking ‘‘not more than—’’ and all that 

24 follows through ‘‘in the case of’’ and inserting ‘‘not 


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1 more than $1,000,000, except that such amount 

2 shall be $2,000,000 in the case of’’; 

3 (2) by striking ‘‘; or’’ after ‘‘safety-threatening’’ 

4 and inserting a period; and 

5 (3) by striking subparagraph (B). 

6 (d) ANNUAL REPORT ON USE OF OPERATION AND

7 MAINTENANCE FUNDS FOR MINOR MILITARY CONSTRUC8 TION PROJECTS.—Subsection (c) of such section is further 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(3) Not later than three months after the close 

12 of each fiscal year, the Secretary concerned shall 

13 submit to the appropriate committees of Congress a 

14 report on the use of the authority under paragraph 

15 (1) during that fiscal year. Each such report shall 

16 set forth with respect to that fiscal year— 

17 ‘‘(A) the amount of funds available for op18 eration and maintenance that were expended by 

19 the Secretary using that authority; and 

20 ‘‘(B) the number of military construction 

21 projects undertaken by the Secretary using that 

22 authority.’’. 


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1 SEC. 2803. ENHANCED AUTHORITY FOR USE OF OPERATION 

2 AND MAINTENANCE FUNDS FOR UNSPEC3 IFIED MINOR MILITARY CONSTRUCTION 

4 PROJECTS IN SUPPORT OF CONTINGENCY 

5 OPERATIONS. 

6 (a) INCREASED COST THRESHOLDS.— 

7 (1) OPERATION & MAINTENANCE FUNDS

8 THRESHOLD.—Notwithstanding the cost limitations 

9 in section 2805(c) of title 10, United States Code, 

10 the Secretary concerned may spend from appropria11 tions available for operations and maintenance 

12 amounts necessary to carry out unspecified minor 

13 military construction projects in support of contin14 gency operations. 

15 (2) MINOR MILITARY CONSTRUCTION PROJECT

16 THRESHOLD.—For purposes of this section, an un17 specified minor military construction project is a 

18 military construction project that has an approved 

19 cost equal to or less than $3,000,000. 

20 (3) CONTINGENCY OPERATIONS.—For purposes 

21 of paragraph (1), an unspecified minor military con22 struction project shall be considered to be in support 

23 of contingency operations if the project is necessary 

24 to meet military operational requirements involving 

25 the use of the Armed Forces in support of— 

26 (A) a declaration of war; 


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1 (B) a declaration by the President of a na2 tional emergency under section 201 of the Na3 tional Emergencies Act (50 U.S.C. 1621); or 

4 (C) a contingency operation (as such term 

5 is defined in section 101 of title 10, United 

6 States Code). 

7 (b) REPORTING.— 

8 (1) QUARTERLY REPORTS.—When a minor 

9 military construction project is carried out under the 

10 authority of subsection (a), the Secretary concerned 

11 shall submit a quarterly report on such project to 

12 the appropriate congressional committees. Each such 

13 report shall be submitted no later than 60 days after 

14 the end of the fiscal-year quarter. Each such report 

15 shall include a statement of obligations during that 

16 quarter for each project covered by the report. 

17 (2) CONGRESSIONAL COMMITTEES.—The appro18 priate congressional committees referred to in para19 graph (1) are the following: 

20 (A) The Committee on Armed Services and 

21 the Subcommittee on Military Construction, 

22 Veterans Affairs, and Related Agencies of the 

23 Committee on Appropriations of the Senate. 

24 (B) The Committee on Armed Services and 

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1 committee on Military Construction, Veterans 

2 Affairs, and Related Agencies of the Committee 

3 on Appropriations of the House of Representa4 tives. 

5 (3) SECRETARY CONCERNED.—For purposes of 

6 this section, the term ‘‘Secretary concerned’’ has the 

7 meaning applicable to such term under section 2805 

8 of title 10, United States Code. 

9 (c) EXPIRATION.—The authority to obligate funds 

10 under this section shall expire on September 30, 2012. 

11 SEC. 2804. FURTHER ENHANCEMENTS TO DEPARTMENT OF 

12 DEFENSE HOMEOWNERS ASSISTANCE PRO13 GRAM. 

14 (a) HOMEOWNERS ASSISTANCE RELATED TO

15 CLOSED MILITARY INSTALLATIONS.—Paragraph (1)(A) 

16 of section 1013(c) of the Demonstration Cities and Metro17 politan Development Act of 1966 (42 U.S.C. 3374(c)) is 

18 amended— 

19 (1) in the matter preceding clause (i), by strik20 ing ‘‘elect either—’’ and inserting ‘‘elect to receive 

21 either of the following:’’; 

22 (2) in clause (i)— 

23 (A) by striking ‘‘to receive a cash pay24 ment’’ and inserting ‘‘A cash payment’’; 


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1 (B) by striking ‘‘the difference between— 

2 ’’ and inserting ‘‘the greater of the following:’’; 

3 and 

4 (C) by striking subclauses (I) and (II) and 

5 inserting the following: 

6 ‘‘(I) The amount of the dif7 ference between— 

8 ‘‘(aa) 95 percent of the fair 

9 market value of their property 

10 (as such value is determined by 

11 the Secretary of Defense) prior 

12 to public announcement of inten13 tion to close all or part of the 

14 military base or installation; and 

15 ‘‘(bb) the fair market value 

16 of such property (as such value is 

17 determined by the Secretary of 

18 Defense) at the time of the sale. 

19 ‘‘(II) The amount of the dif20 ference between— 

21 ‘‘(aa) the amount of the out22 standing mortgages; and 

23 ‘‘(bb) the fair market value 

24 of such property (as such value is 

25 determined by the Secretary of 


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1 Defense) at the time of the 

2 sale.’’; and 

3 (3) in clause (ii), by striking ‘‘to receive, as 

4 purchase price’’ and inserting ‘‘As purchase price’’. 

5 (b) HOMEOWNERS ASSISTANCE FOR WOUNDED INDI6 VIDUALS AND THEIR SPOUSES.—Paragraph (2)(A) of 

7 such section is amended— 

8 (1) in the matter preceding clause (i), by strik9 ing ‘‘elect either—’’ and inserting ‘‘elect to receive 

10 either of the following:’’; 

11 (2) in clause (i)— 

12 (A) by striking ‘‘to receive a cash pay13 ment’’ and inserting ‘‘A cash payment’’; 

14 (B) by striking ‘‘the difference between— 

15 ’’ and inserting ‘‘the greater of the following:’’; 

16 and 

17 (C) by striking subclauses (I) and (II) and 

18 inserting the following: 

19 ‘‘(I) The amount of the dif20 ference between— 

21 ‘‘(aa) 95 percent of prior 

22 fair market value of their prop23 erty (as such value is determined 

24 by the Secretary of Defense); and 


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1 ‘‘(bb) the fair market value 

2 of such property (as such value is 

3 determined by the Secretary of 

4 Defense) at the time of the sale. 

5 ‘‘(II) The amount of the dif6 ference between— 

7 ‘‘(aa) the amount of the out8 standing mortgages; and 

9 ‘‘(bb) the fair market value 

10 of such property (as such value is 

11 determined by the Secretary of 

12 Defense) at the time of the 

13 sale.’’; and 

14 (3) in clause (ii), by striking ‘‘to receive, as 

15 purchase price’’ and inserting ‘‘As purchase price’’. 

16 (c) HOMEOWNERS ASSISTANCE FOR PERMANENTLY

17 REASSIGNED INDIVIDUALS.—Paragraph (3)(A) of such 

18 section is amended— 

19 (1) in the matter preceding clause (i), by strik20 ing ‘‘elect either—’’ and inserting ‘‘elect to receive 

21 either of the following:’’; 

22 (2) in clause (i)— 

23 (A) by striking ‘‘to receive a cash pay24 ment’’ and inserting ‘‘A cash payment’’; 


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1 (B) by striking ‘‘the difference between— 

2 ’’ and inserting ‘‘the greater of the following:’’; 

3 and 

4 (C) by striking subclauses (I) and (II) and 

5 inserting the following: 

6 ‘‘(I) The amount of the dif7 ference between— 

8 ‘‘(aa) 95 percent of prior 

9 fair market value of their prop10 erty (as such value is determined 

11 by the Secretary of Defense); and 

12 ‘‘(bb) the fair market value 

13 of such property (as such value is 

14 determined by the Secretary of 

15 Defense) at the time of the sale. 

16 ‘‘(II) The amount of the dif17 ference between— 

18 ‘‘(aa) the amount of the out19 standing mortgages; and 

20 ‘‘(bb) the fair market value 

21 of such property (as such value is 

22 determined by the Secretary of 

23 Defense) at the time of the 

24 sale.’’; and 


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1 (3) in clause (ii), by striking ‘‘to receive, as 

2 purchase price’’ and inserting ‘‘As purchase price’’. 

Æ 


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