404 
‘‘(2) which has the technical expertise and busi-
ness skills to ensure the Department receives the 
best value for the expenditure of public resources; 
‘‘(3) which serves as a model for performance 
management of employees of the Department; and 
‘‘(4) which is managed in a manner that com-
plements and reinforces the management of the de-
fense acquisition system pursuant to chapter 149 of 
this title. 
‘‘(b) PERFORMANCE MANAGEMENT.—In order to 
achieve the purpose set forth in subsection (a), the Sec-
retary of Defense shall— 
‘‘(1) use the full authorities provided in sub-
sections (a) through (d) of section 9902 of title 5, 
including flexibilities related to performance manage-
ment and hiring and to training of managers; 
‘‘(2) require managers to develop performance 
plans for individual members of the acquisition 
workforce in order to give members an under-
standing of how their performance contributes to 
their organization’s mission and the success of the 
defense acquisition system (as defined in section 
2545 of this title); 
‘‘(3) to the extent appropriate, use the lessons 
learned from the acquisition demonstration project
405 
carried out under section 1762 of this title related 
to contribution-based compensation and appraisal, 
and how those lessons may be applied within the 
General Schedule system; 
‘‘(4) develop attractive career paths; 
‘‘(5) encourage continuing education and train-
ing; 
‘‘(6) develop appropriate procedures for warn-
ings during performance evaluations for members of 
the acquisition workforce who consistently fail to 
meet performance standards; 
‘‘(7) take full advantage of the Defense Civilian 
Leadership Program established under section 1112 
of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2496; 10 
U.S.C. 1580 note prec.); 
‘‘(8) use the authorities for highly qualified ex-
perts under section 9903 of title 5, to hire experts 
who are skilled acquisition professionals to— 
‘‘(A) serve in leadership positions within 
the acquisition workforce to strengthen manage-
ment and oversight; 
‘‘(B) provide mentors to advise individuals 
within the acquisition workforce on their career
406 
paths and opportunities to advance and excel 
within the acquisition workforce; and 
‘‘(C) assist with the design of education 
and training courses and the training of indi-
viduals in the acquisition workforce; and 
‘‘(9) use the authorities for expedited security 
clearance processing pursuant to section 1564 of 
this title. 
‘‘(c) NEGOTIATIONS.—Any action taken by the Sec-
retary under this section, or to implement this section, 
shall be subject to the requirements of chapter 71 of title 
5. 
‘‘(d) REGULATIONS.—Any rules or regulations pre-
scribed pursuant to this section shall be deemed an agency 
rule or regulation under section 7117(a)(2) of title 5, and 
shall not be deemed a Government-wide rule or regulation 
under section 7117(a)(1) of such title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after the item relating to section 1701 the following 
new item: 
‘‘1701a. Management for acquisition workforce excellence.’’. 
SEC. 872. AMENDMENTS TO THE ACQUISITION WORKFORCE 
DEMONSTRATION PROJECT. 
(a) CODIFICATION INTO TITLE 10.—
407 
(1) IN
GENERAL.—Chapter 87 of title 10, 
United States Code, is amended by inserting after 
section 1761 the following new section: 
‘‘§ 1762. Demonstration project relating to certain ac-
quisition personnel management policies 
and procedures 
‘‘(a) COMMENCEMENT.—The Secretary of Defense is 
authorized to carry out a demonstration project, the pur-
pose of which is to determine the feasibility or desirability 
of one or more proposals for improving the personnel man-
agement policies or procedures that apply with respect to 
the acquisition workforce of the Department of Defense 
and supporting personnel assigned to work directly with 
the acquisition workforce. 
‘‘(b) TERMS AND CONDITIONS.—(1) Except as other-
wise provided in this subsection, any demonstration 
project described in subsection (a) shall be subject to sec-
tion 4703 of title 5 and all other provisions of such title 
that apply with respect to any demonstration project 
under such section. 
‘‘(2) Subject to paragraph (3), in applying section 
4703 of title 5 with respect to a demonstration project 
described in subsection (a)— 
‘‘(A) ‘180 days’ in subsection (b)(4) of such 
section shall be deemed to read ‘120 days’;
408 
‘‘(B) ‘90 days’ in subsection (b)(6) of such sec-
tion shall be deemed to read ‘30 days’; and 
‘‘(C) subsection (d)(1) of such section shall be 
disregarded. 
‘‘(3) Paragraph (2) shall not apply with respect to 
a demonstration project unless— 
‘‘(A) for each organization or team partici-
pating in the demonstration project— 
‘‘(i) at least one-third of the workforce par-
ticipating in the demonstration project consists 
of members of the acquisition workforce; and 
‘‘(ii) at least two-thirds of the workforce 
participating in the demonstration project con-
sists of members of the acquisition workforce 
and supporting personnel assigned to work di-
rectly with the acquisition workforce; and 
‘‘(B) the demonstration project commences be-
fore October 1, 2007. 
‘‘(c) LIMITATION ON NUMBER OF PARTICIPANTS.— 
The total number of persons who may participate in the 
demonstration project under this section may not exceed 
120,000. 
‘‘(d) EFFECT OF REORGANIZATIONS.—The applica-
bility of paragraph (2) of subsection (b) to an organization 
or team shall not terminate by reason that the organiza-
409 
tion or team, after having satisfied the conditions in para-
graph (3) of such subsection when it began to participate 
in a demonstration project under this section, ceases to 
meet one or both of the conditions set forth in subpara-
graph (A) of such paragraph (3) as a result of a reorga-
nization, restructuring, realignment, consolidation, or 
other organizational change. 
‘‘(e) ASSESSMENTS.—(1) The Secretary of Defense 
shall designate an independent organization to conduct 
two assessments of the acquisition workforce demonstra-
tion project described in subsection (a). 
‘‘(2) Each such assessment shall include the fol-
lowing: 
‘‘(A) A description of the workforce included in 
the project. 
‘‘(B) An explanation of the flexibilities used in 
the project to appoint individuals to the acquisition 
workforce and whether those appointments are based 
on competitive procedures and recognize veteran’s 
preferences. 
‘‘(C) An explanation of the flexibilities used in 
the project to develop a performance appraisal sys-
tem that recognizes excellence in performance and 
offers opportunities for improvement.
410 
‘‘(D) The steps taken to ensure that such sys-
tem is fair and transparent for all employees in the 
project. 
‘‘(E) How the project allows the organization to 
better meet mission needs. 
‘‘(F) An analysis of how the flexibilities in sub-
paragraphs (B) and (C) are used, and what barriers 
have been encountered that inhibit their use. 
‘‘(G) Whether there is a process for— 
‘‘(i) ensuring ongoing performance feed-
back and dialogue among supervisors, man-
agers, and employees throughout the perform-
ance appraisal period; and 
‘‘(ii) setting timetables for performance ap-
praisals. 
‘‘(H) The project’s impact on career progres-
sion. 
‘‘(I) The project’s appropriateness or inappro-
priateness in light of the complexities of the work-
force affected. 
‘‘(J) The project’s sufficiency in terms of pro-
viding protections for diversity in promotion and re-
tention of personnel.
412 
‘‘(h) CONVERSION.—Within 6 months after the au-
thority to conduct a demonstration project under this sec-
tion is terminated as provided in subsection (g), employees 
in the project shall convert to the civilian personnel system 
created pursuant to section 9902 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter V of chapter 87 
of title 10, United States Code, is amended by in-
serting after the item relating to section 1761 the 
following new item: 
‘‘1762. Demonstration project relating to certain acquisition personnel manage-
ment policies and procedures.’’. 
(b) CONFORMING REPEAL.—Section 4308 of the Na-
tional Defense Authorization Act for Fiscal Year 1996 
(Public Law 104–106; 10 U.S.C. 1701 note) is repealed. 
SEC. 873. CAREER DEVELOPMENT FOR CIVILIAN AND MILI-
TARY 
PERSONNEL 
IN 
THE 
ACQUISITION 
WORKFORCE. 
(a) CAREER PATHS.— 
(1) AMENDMENT.—Chapter 87 of title 10, 
United States Code, is amended by inserting after 
section 1722a the following new section: 
‘‘§ 1722b. Special requirements for civilian employees 
in the acquisition field 
‘‘(a) REQUIREMENT FOR POLICY AND GUIDANCE RE-
GARDING CIVILIAN PERSONNEL IN ACQUISITION.—The
413 
Secretary of Defense, acting through the Under Secretary 
of Defense for Acquisition, Technology, and Logistics, 
shall establish policies and issue guidance to ensure the 
proper development, assignment, and employment of civil-
ian members of the acquisition workforce to achieve the 
objectives specified in subsection (b). 
‘‘(b) OBJECTIVES.—Policies established and guidance 
issued pursuant to subsection (a) shall ensure, at a min-
imum, the following: 
‘‘(1) A career path in the acquisition field that 
attracts the highest quality civilian personnel, from 
either within or outside the Federal Government. 
‘‘(2) A deliberate workforce development strat-
egy that increases attainment of key experiences 
that contribute to a highly qualified acquisition 
workforce. 
‘‘(3) Sufficient opportunities for promotion and 
advancement in the acquisition field. 
‘‘(4) A sufficient number of qualified, trained 
members eligible for and active in the acquisition 
field to ensure adequate capacity, capability, and ef-
fective succession for acquisition functions, including 
contingency contracting, of the Department of De-
fense.
414 
‘‘(5) A deliberate workforce development strat-
egy that ensures diversity in promotion, advance-
ment, and experiential opportunities commensurate 
with the general workforce outlined in this section. 
‘‘(c) INCLUSION OF INFORMATION IN ANNUAL RE-
PORT.—The Secretary of Defense shall include in the re-
port to Congress required under section 115b(d) of this 
title the following information related to the acquisition 
workforce for the period covered by the report (which shall 
be shown for the Department of Defense as a whole and 
separately for the Army, Navy, Air Force, Marine Corps, 
Defense Agencies, and Office of the Secretary of Defense): 
‘‘(1) The total number of persons serving in the 
Acquisition Corps, set forth separately for members 
of the armed forces and civilian employees, by grade 
level and by functional specialty. 
‘‘(2) The total number of critical acquisition po-
sitions held, set forth separately for members of the 
armed forces and civilian employees, by grade level 
and by other appropriate categories (including by 
program manager, deputy program manager, and di-
vision head positions), including average length of 
time served in each position. For each such category, 
the report shall specify the number of civilians hold-
415 
ing such positions compared to the total number of 
positions filled. 
‘‘(3) The number of employees to whom the re-
quirements of subsections (b)(2)(A) and (b)(2)(B) of 
section 1732 of this title did not apply because of 
the exceptions provided in paragraphs (1) and (2) of 
section 1732(c) of this title, set forth separately by 
type of exception. 
‘‘(4) The number of times a waiver authority 
was exercised under section 1724(d), 1732(d), 
1734(d), or 1736(c) of this title or any other provi-
sion of this chapter (or other provision of law) which 
permits the waiver of any requirement relating to 
the acquisition workforce, and in the case of each 
such authority, the reasons for exercising the au-
thority. The Secretary may present the information 
provided under this paragraph by category or group-
ing of types of waivers and reasons.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter II of chapter 87 
of such title is amended by inserting after the item 
relating to section 1722a the following new item: 
‘‘1722b. Special requirements for civilian employees in the acquisition field.’’. 
(b) CAREER EDUCATION AND TRAINING.—Section 
1723 of such title is amended by redesignating subsection
416 
(b) as subsection (c) and inserting after subsection (a) the 
following new subsection: 
‘‘(b) CAREER PATH REQUIREMENTS.—For each ca-
reer path, the Secretary of Defense, acting through the 
Under Secretary of Defense for Acquisition, Technology, 
and Logistics, shall establish requirements for the comple-
tion of course work and related on-the-job training and 
demonstration of qualifications in the critical acquisition- 
related duties and tasks of the career path. The Secretary 
of Defense, acting through the Under Secretary, shall 
also— 
‘‘(1) encourage individuals in the acquisition 
workforce to maintain the currency of their acquisi-
tion knowledge and generally enhance their knowl-
edge of related acquisition management disciplines 
through academic programs and other self-develop-
mental activities; and 
‘‘(2) develop key work experiences, including 
the creation of a program sponsored by the Depart-
ment of Defense that facilitates the periodic inter-
action between individuals in the acquisition work-
force and the end user in such end user’s environ-
ment to enhance the knowledge base of such work-
force, for individuals in the acquisition workforce so 
that the individuals may gain in-depth knowledge
417 
and experience in the acquisition process and become 
seasoned, well-qualified members of the acquisition 
workforce.’’. 
SEC. 874. RECERTIFICATION AND TRAINING REQUIRE-
MENTS. 
(a) CONTINUING EDUCATION.—Section 1723 of title 
10, United States Code, as amended by section 873, is 
further amended by amending subsection (a) to read as 
follows: 
‘‘(a) QUALIFICATION REQUIREMENTS.—(1) The Sec-
retary of Defense shall establish education, training, and 
experience requirements for each acquisition position, 
based on the level of complexity of duties carried out in 
the position. In establishing such requirements, the Sec-
retary shall ensure the availability and sufficiency of train-
ing in all areas of acquisition, including additional training 
courses with an emphasis on services contracting, market 
research strategies (including assessments of local con-
tracting capabilities), long-term sustainment strategies, 
information technology, and rapid acquisition. 
‘‘(2) In establishing such requirements for positions 
other than critical acquisition positions designated pursu-
ant to section 1733 of this title, the Secretary may state 
the requirements by categories of positions.
418 
‘‘(3) The Secretary of Defense, acting through the 
Under Secretary of Defense for Acquisition, Technology, 
and Logistics, shall establish requirements for continuing 
education and periodic renewal of an individual’s certifi-
cation. Any requirement for a certification renewal shall 
not require a renewal more often than once every five 
years.’’. 
(b) STANDARDS FOR TRAINING.— 
(1) IN GENERAL.—Subchapter IV of Chapter 
87 of title 10, United States Code, is amended by 
adding at the end the following new section: 
‘‘§ 1748. Fulfillment standards for acquisition work-
force training 
‘‘The Secretary of Defense, acting through the Under 
Secretary of Defense for Acquisition, Technology, and Lo-
gistics, shall develop fulfillment standards, and implement 
and maintain a program, for purposes of the training re-
quirements of sections 1723, 1724, and 1735 of this title. 
Such fulfillment standards shall consist of criteria for de-
termining whether an individual has demonstrated com-
petence in the areas that would be taught in the training 
courses required under those sections. If an individual 
meets the appropriate fulfillment standard, the applicable 
training requirement is fulfilled.’’.
419 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amend-
ed by adding at the end the following new item: 
‘‘1748. Fulfillment standards for acquisition workforce training.’’. 
(3) DEADLINE
FOR
FULFILLMENT
STAND-
ARDS.—The fulfillment standards required under 
section 1748 of title 10, United States Code, as 
added by paragraph (1), shall be developed not later 
than 270 days after the date of the enactment of 
this Act. 
(4) CONFORMING
REPEAL.—Section 853 of 
Public Law 105–85 (111 Stat. 1851) is repealed. 
SEC. 
875. 
INFORMATION 
TECHNOLOGY 
ACQUISITION 
WORKFORCE. 
(a) PLAN REQUIRED.—The Secretary of Defense 
shall develop and carry out a plan to strengthen the part 
of the acquisition workforce that specializes in information 
technology. The plan shall include the following: 
(1) Defined targets for billets devoted to infor-
mation technology acquisition. 
(2) Specific certification requirements for indi-
viduals in the acquisition workforce who specialize in 
information technology acquisition. 
(3) Defined career paths for individuals in the 
acquisition workforce who specialize in information 
technology acquisitions.
420 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘information technology’’ has the 
meaning provided such term in section 11101 of title 
40, United States Code, and includes information 
technology incorporated into a major weapon system. 
(2) The term ‘‘major weapon system’’ has the 
meaning provided such term in section 2379(f) of 
title 10, United States Code. 
(c) DEADLINE.—The Secretary of Defense shall de-
velop the plan required under this section not later than 
270 days after the date of the enactment of this Act. 
SEC. 876. DEFINITION OF ACQUISITION WORKFORCE. 
Section 101(a) of title 10, United States Code, is 
amended by inserting after paragraph (17) the following 
new paragraph: 
‘‘(18) The term ‘acquisition workforce’ means 
the persons serving in acquisition positions within 
the Department of Defense, as designated pursuant 
to section 1721(a) of this title.’’. 
SEC. 
877. 
DEFENSE 
ACQUISITION 
UNIVERSITY 
CUR-
RICULUM REVIEW. 
(a) CURRICULUM REVIEW.—Not later than one year 
after the date of the enactment of this Act, the Under 
Secretary of Defense for Acquisition, Technology, and Lo-
gistics shall lead a review of the curriculum offered by the
421 
Defense Acquisition University to ensure it adequately 
supports the training and education requirements of ac-
quisition professionals, particularly in service contracting, 
long term sustainment strategies, information technology, 
and rapid acquisition. The review shall also involve the 
service acquisition executives of each military department. 
(b) ANALYSIS
OF FUNDING REQUIREMENTS
FOR 
TRAINING.—Following the review conducted under sub-
section (a), the Secretary of Defense shall analyze the 
most recent future-years defense program to determine 
the amounts of estimated expenditures and proposed ap-
propriations necessary to support the training require-
ments of the amendments made by section 874, including 
any new training requirements determined after the review 
conducted under subsection (a). The Secretary shall iden-
tify any additional funding needed for such training re-
quirements in the separate chapter on the defense acquisi-
tion workforce required in the next annual strategic work-
force plan under 115b of title 10, United States Code. 
(c) REQUIREMENT FOR ONGOING CURRICULUM DE-
VELOPMENT WITH CERTAIN SCHOOLS.— 
(1) REQUIREMENT.—Section 1746 of title 10, 
United States Code, is amended by adding at the 
end the following new subsection:
422 
‘‘(c) CURRICULUM DEVELOPMENT.—The President 
of the Defense Acquisition University shall work with the 
relevant professional schools and degree-granting institu-
tions of the Department of Defense and military depart-
ments to ensure that best practices are used in curriculum 
development to support acquisition workforce positions.’’. 
(2) AMENDMENT TO SECTION HEADING.—(A) 
The heading of section 1746 of such title is amended 
to read as follows: 
‘‘§ 1746. Defense Acquisition University’’. 
(B) The item relating to section 1746 in the 
table of sections at the beginning of subchapter IV 
of chapter 87 of such title is amended to read as fol-
lows: 
‘‘1746. Defense Acquisition University.’’. 
PART III—FINANCIAL MANAGEMENT 
SEC. 881. AUDIT READINESS OF FINANCIAL STATEMENTS 
OF THE DEPARTMENT OF DEFENSE. 
(a) INTERIM MILESTONES.— 
(1) REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the 
Under Secretary of Defense (Comptroller), in con-
sultation with the Deputy Chief Management Officer 
of the Department of Defense, the secretaries of the 
military departments, and the heads of the defense 
agencies and defense field activities, shall establish
423 
interim milestones for achieving audit readiness of 
the financial statements of the Department of De-
fense, consistent with the requirements of section 
1003 of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2439; 10 U.S.C. 2222 note). 
(2) MATTERS
INCLUDED.—The interim mile-
stones established pursuant to paragraph (1) shall 
include, at a minimum, for each military department 
and for the defense agencies and defense field activi-
ties— 
(A) an interim milestone for achieving 
audit readiness for each major element of the 
statement of budgetary resources, including ci-
vilian pay, military pay, supply orders, con-
tracts, and funds balance with the Treasury; 
and 
(B) an interim milestone for addressing 
the existence and completeness of each major 
category of Department of Defense assets, in-
cluding military equipment, real property, in-
ventory, and operating material and supplies. 
(3) DESCRIPTION IN SEMIANNUAL REPORTS.— 
The Under Secretary shall describe each interim 
milestone established pursuant to paragraph (1) in
424 
the next semiannual report submitted pursuant to 
section 1003(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 
123 Stat. 2439; 10 U.S.C. 2222 note). Each subse-
quent semiannual report submitted pursuant to sec-
tion 1003(b) shall explain how the Department has 
progressed toward meeting such interim milestones. 
(b) VALUATION OF DEPARTMENT OF DEFENSE AS-
SETS.— 
(1) REQUIREMENT.—Not later than 120 days 
after the date of the enactment of this Act, the 
Under Secretary of Defense (Comptroller) shall, in 
consultation with other appropriate Federal agencies 
and officials— 
(A) examine the costs and benefits of alter-
native approaches to the valuation of Depart-
ment of Defense assets; 
(B) select an approach to such valuation 
that is consistent with principles of sound fi-
nancial management and the conservation of 
taxpayer resources; and 
(C) begin the preparation of a business 
case analysis supporting the selected approach. 
(2) The Under Secretary shall include informa-
tion on the alternatives considered, the selected ap-
425 
proach, and the business case analysis supporting 
that approach in the next semiannual report sub-
mitted pursuant to section 1003(b) of the National 
Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2439; 10 U.S.C. 
2222 note). 
(c) REMEDIAL ACTIONS REQUIRED.—In the event 
that the Department of Defense, or any component of the 
Department of Defense, is unable to meet an interim mile-
stone established pursuant to subsection (a), the Under 
Secretary of Defense (Comptroller) shall— 
(1) develop a remediation plan to ensure that— 
(A) the component will meet the interim 
milestone no more than one year after the origi-
nally scheduled date; and 
(B) the component’s failure to meet the in-
terim milestone will not have an adverse impact 
on the Department’s ability to carry out the 
plan under section 1003(a) of the National De-
fense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2439; 10 
U.S.C. 2222 note); and 
(2) include in the next semiannual report sub-
mitted pursuant to section 1003(b) of the National 
Defense Authorization Act for Fiscal Year 2010
426 
(Public Law 111–84; 123 Stat. 2439; 10 U.S.C. 
2222 note)— 
(A) a statement of the reasons why the 
Department of Defense, or component of the 
Department of Defense, will be unable to meet 
such interim milestone; 
(B) the revised completion date for meet-
ing such interim milestone; and 
(C) a description of the actions that have 
been taken and are planned to be taken by the 
Department of Defense, or component of the 
Department of Defense, to meet such interim 
milestone. 
(d) INCENTIVES FOR ACHIEVING AUDITABILITY.— 
(1) REVIEW REQUIRED.—Not later than 120 
days after the date of the enactment of this Act, the 
Under Secretary of Defense (Comptroller) shall re-
view options for providing appropriate incentives to 
the military departments, Defense Agencies, and de-
fense field activities to ensure that financial state-
ments are validated as ready for audit earlier than 
September 30, 2017. 
(2) OPTIONS
REVIEWED.—The review per-
formed pursuant to paragraph (1) shall consider 
changes in policy that reflect the increased con-
427 
fidence that can be placed in auditable financial 
statements, and shall include, at a minimum, consid-
eration of the following options: 
(A) Consistent with the need to fund ur-
gent warfighter requirements and operational 
needs, priority in the release of appropriated 
funds. 
(B) Relief from the frequency of financial 
reporting in cases in which such reporting is 
not required by law. 
(C) Relief from departmental obligation 
and expenditure thresholds to the extent that 
such thresholds establish requirements more re-
strictive than those required by law. 
(D) Increases in thresholds for reprogram-
ming of funds. 
(E) Personnel management incentives for 
the financial and business management work-
force. 
(F) Such other measures as the Under 
Secretary considers appropriate. 
(3) REPORT.—The Under Secretary shall in-
clude a discussion of the review performed pursuant 
to paragraph (1) in the next semiannual report pur-
suant to section 1003(b) of the National Defense
428 
Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2439; 10 U.S.C. 2222 note) and 
for each option considered pursuant to paragraph 
(2) shall include— 
(A) an assessment of the extent to which 
the implementation of the option— 
(i) would be consistent with the effi-
cient operation of the Department of De-
fense and the effective funding of essential 
Department of Defense programs and ac-
tivities; and 
(ii) would contribute to the achieve-
ment of Department of Defense goals to 
prepare auditable financial statements; and 
(B) a recommendation on whether such op-
tion should be adopted, a schedule for imple-
menting the option if adoption is recommended, 
or a reason for not recommending the option if 
adoption is not recommended. 
SEC. 882. REVIEW OF OBLIGATION AND EXPENDITURE 
THRESHOLDS. 
(a) PROCESS REVIEW.—Not later than one year after 
the date of the enactment of this Act, the Chief Manage-
ment Officer of the Department of Defense, in coordina-
tion with the Chief Management Officer of each military
429 
department, the Director of the Office of Performance As-
sessment and Root Cause Analysis, the Under Secretary 
of Defense (Comptroller), and the Comptrollers of the 
military departments, shall complete a comprehensive re-
view of the use and value of obligation and expenditure 
benchmarks and propose new benchmarks or processes for 
tracking financial performance, including, as appro-
priate— 
(1) increased reliance on individual obligation 
and expenditure plans for measuring program finan-
cial performance; 
(2) mechanisms to improve funding stability 
and to increase the predictability of the release of 
funding for obligation and expenditure; and 
(3) streamlined mechanisms for a program 
manager to submit an appeal for funding changes 
and to have such appeal evaluated promptly. 
(b) TRAINING.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics and the Under Sec-
retary of Defense (Comptroller) shall ensure that, as part 
of the training required for program managers and busi-
ness managers, an emphasis is placed on obligating and 
expending appropriated funds in a manner that achieves 
the best value for the Government and that the purpose
430 
and limitations of obligation and expenditure benchmarks 
are made clear. 
(c) REPORT.—The Deputy Chief Management Offi-
cer of the Department of Defense shall include a report 
on the results of the review under this section in the next 
update of the strategic management plan transmitted to 
the Committees on Armed Services of the Senate and the 
House of Representatives under section 904(d) of the Na-
tional Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 275; 10 U.S.C. note prec. 
2201) after the completion of the review. 
SEC. 883. DISCLOSURE AND TRACEABILITY OF THE COST 
OF DEPARTMENT OF DEFENSE HEALTH CARE 
CONTRACTS. 
(a) REPORT.— 
(1) REQUIREMENT.—Not later than September 
30, 2011, the Comptroller General of the United 
States shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed 
Services of the House of Representatives a detailed 
report on the additional cost to the Department of 
Defense associated with compliance with the Patient 
Protection and Affordable Care Act (Public Law 
111–148) and the Health Care and Education Rec-
onciliation Act of 2010 (Public Law 111–152).
431 
(2) MATTERS COVERED.—The report required 
by paragraph (1) shall include an estimate of— 
(A) the additional costs, if any, incurred 
on health care contracts to comply with such 
Acts; and 
(B) any other additional costs to the De-
partment of Defense to comply with such Acts. 
(b) HEALTH CARE CONTRACT DEFINED.—In this 
section, the term ‘‘health care contract’’ means a contract 
awarded by the Department of Defense in an amount 
greater than the simplified acquisition threshold for the 
acquisition of any of the following: 
(1) Medical supplies. 
(2) Health care services and administration, in-
cluding the services of medical personnel. 
(3) Durable medical equipment. 
(4) Pharmaceuticals. 
(5) Health care-related information technology. 
PART IV—INDUSTRIAL BASE 
SEC. 891. EXPANSION OF THE INDUSTRIAL BASE. 
(a) PROGRAM TO EXPAND INDUSTRIAL BASE RE-
QUIRED.—The Secretary of Defense shall establish a pro-
gram to expand the industrial base of the Department of 
Defense to increase the Department’s access to innovation 
and the benefits of competition.
432 
(b) IDENTIFYING AND COMMUNICATING WITH FIRMS 
THAT ARE NOT TRADITIONAL SUPPLIERS.—The program 
established under subsection (a) shall use tools and re-
sources available within the Federal Government and 
available from the private sector to provide a capability 
for identifying and communicating with firms that are not 
traditional suppliers, including commercial firms and 
firms of all business sizes, that are engaged in markets 
of importance to the Department of Defense in which such 
firms can make a significant contribution. 
(c) OUTREACH TO LOCAL FIRMS NEAR DEFENSE IN-
STALLATIONS.—The program established under sub-
section (a) shall include outreach, using procurement tech-
nical assistance centers, to firms of all business sizes in 
the vicinity of Department of Defense installations regard-
ing opportunities to obtain contracts and subcontracts to 
perform work at such installations. 
(d) INDUSTRIAL BASE REVIEW.—The program es-
tablished under subsection (a) shall include a continuous 
effort to review the industrial base supporting the Depart-
ment of Defense, including the identification of markets 
of importance to the Department of Defense in which 
firms that are not traditional suppliers can make a signifi-
cant contribution.
433 
(e) FIRMS THAT ARE NOT TRADITIONAL SUP-
PLIERS.—For purposes of this section, a firm is not a tra-
ditional supplier of the Department of Defense if it does 
not currently have contracts and subcontracts to perform 
work for the Department of Defense with a total combined 
value in excess of $500,000 
(f) PROCUREMENT TECHNICAL ASSISTANCE CEN-
TER.—In this section, the term ‘‘procurement technical 
assistance center’’ means a center operating under a coop-
erative agreement with the Defense Logistics Agency to 
provide procurement technical assistance pursuant to the 
authority provided in chapter 142 of title 10, United 
States Code. 
SEC. 892. PRICE TREND ANALYSIS FOR SUPPLIES AND 
EQUIPMENT PURCHASED BY THE DEPART-
MENT OF DEFENSE. 
(a) PRICE TREND ANALYSIS PROCEDURES.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall develop and implement procedures that, to the 
maximum extent practicable, provide for the collec-
tion and analysis of information on price trends for 
covered supplies and equipment purchased by the 
Department of Defense. The procedures shall in-
clude an automated process for identifying cat-
egories of covered supplies and equipment described
434 
in paragraph (2) that have experienced significant 
escalation in prices. 
(2) CATEGORY
OF
COVERED
SUPPLIES
AND 
EQUIPMENT.—A category of covered supplies and 
equipment referred to in paragraph (1) consists of 
covered supplies and equipment that have the same 
National Stock Number, are in a single Federal 
Supply Group or Federal Supply Class, are provided 
by a single contractor, or are otherwise logically 
grouped for the purpose of analyzing information on 
price trends. 
(3) REQUIREMENT TO EXAMINE CAUSES OF ES-
CALATION.—An analysis conducted pursuant to 
paragraph (1) shall include, for any category in 
which significant escalation in prices is identified, a 
more detailed examination of the causes of esca-
lation for such prices within the category and wheth-
er such price escalation is consistent across the De-
partment of Defense. 
(4) REQUIREMENT TO ADDRESS UNJUSTIFIED 
ESCALATION.—The head of a Defense Agency or the 
Secretary of a military department shall take appro-
priate action to address any unjustified escalation in 
prices being paid for items procured by that agency
435 
or military department as identified in an analysis 
conducted pursuant to paragraph (1). 
(b) ANNUAL REPORT.—Not later than April 1 of 
each year, the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
a report on the analyses of price trends that were con-
ducted for categories of covered supplies and equipment 
during the preceding fiscal year under the procedures im-
plemented pursuant to paragraph (1). The report shall in-
clude a description of the actions taken to identify and 
address any unjustified price escalation for the categories 
of items. 
(c) DEFINITIONS.—In this section: 
(1) SUPPLIES
AND
EQUIPMENT.—The term 
‘‘supplies and equipment’’ means items classified as 
supplies and equipment under the Federal Supply 
Classification System. 
(2) COVERED SUPPLIES AND EQUIPMENT.—The 
term ‘‘covered supplies and equipment’’ means all 
supplies and equipment purchased by the Depart-
ment of Defense. The term does not include major 
weapon systems but does include individual parts 
and components purchased as spare or replenish-
ment parts for such weapon systems.
436 
(d) SUNSET DATE.—This section shall not be in ef-
fect on and after April 1, 2015. 
SEC. 893. CONTRACTOR BUSINESS SYSTEMS. 
(a) IMPROVEMENT PROGRAM.—Not later than 270 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall develop and initiate a program for 
the improvement of contractor business systems to ensure 
that such systems provide timely, reliable information for 
the management of Department of Defense programs by 
the contractor and by the Department. 
(b) APPROVAL OR DISAPPROVAL OF BUSINESS SYS-
TEMS.—The program developed pursuant to subsection 
(a) shall— 
(1) include system requirements for each type 
of contractor business system covered by the pro-
gram; 
(2) establish a process for reviewing contractor 
business systems and identifying significant defi-
ciencies in such systems; 
(3) identify officials of the Department of De-
fense who are responsible for the approval or dis-
approval of contractor business systems; 
(4) provide for the approval of any contractor 
business system that does not have a significant de-
ficiency; and
438 
subsection (b)(5) and has not subsequently received 
approval. 
(3) The amount of funds to be withheld under 
paragraph (2) shall be reduced if a contractor 
adopts an effective corrective action plan pursuant 
to paragraph (1) and is effectively implementing 
such plan. 
(d) GUIDANCE AND TRAINING.—The program devel-
oped pursuant to subsection (a) shall provide guidance and 
training to appropriate government officials on the data 
that is produced by contractor business systems and the 
manner in which such data should be used to effectively 
manage Department of Defense programs. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit an official of the De-
partment of Defense from reviewing, approving, or dis-
approving a contractor business system pursuant to any 
applicable law or regulation in force as of the date of the 
enactment of this Act during the period between the date 
of the enactment of this Act and the date on which the 
Secretary implements the requirements of this section 
with respect to such system. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘contractor business system’’ 
means an accounting system, estimating system,
439 
purchasing system, earned value management sys-
tem, material management and accounting system, 
or property management system of a contractor. 
(2) The term ‘‘covered contractor’’ means a 
contractor that is subject to the cost accounting 
standards under section 26 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 422). 
(3) The term ‘‘covered contract’’ means a cost- 
reimbursement contract, incentive-type contract, 
time-and-materials contract, or labor-hour contract 
that could be affected if the data produced by a con-
tractor business system has a significant deficiency. 
(4) The term ‘‘significant deficiency’’, in the 
case of a contractor business system, means a short-
coming in the system that materially affects the abil-
ity of officials of the Department of Defense and the 
contractor to rely upon information produced by the 
system that is needed for management purposes. 
(g) DEFENSE CONTRACT AUDIT AGENCY LEGAL RE-
SOURCES AND EXPERTISE.— 
(1) REQUIREMENT.—The Secretary of Defense 
shall ensure that— 
(A) the Defense Contract Audit Agency 
has sufficient legal resources and expertise to 
conduct its work in compliance with applicable
440 
Department of Defense policies and procedures; 
and 
(B) such resources and expertise are pro-
vided in a manner that is consistent with the 
audit independence of the Defense Contract 
Audit Agency. 
(2) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a 
report on the steps taken to comply with the require-
ments of this subsection. 
SEC. 894. REVIEW AND RECOMMENDATIONS ON ELIMI-
NATING BARRIERS TO CONTRACTING WITH 
THE DEPARTMENT OF DEFENSE. 
(a) REVIEW
AND RECOMMENDATIONS.—The Sec-
retary of Defense, acting through the Director of Small 
Business Programs in the Department of Defense, shall 
review barriers to firms that are not traditional suppliers 
to the Department of Defense wishing to contract with 
the Department of Defense and its defense supply centers 
and develop a set of recommendations on the elimination 
of such barriers. The Director shall identify and consult 
with a wide range of firms that are not traditional sup-
pliers to the Department of Defense for the purpose of
441 
identifying such barriers and developing such rec-
ommendations. 
(b) DEFINITION.—For the purposes of this section, 
a firm is not a traditional supplier of the Department of 
Defense if it does not currently have contracts and sub-
contracts to perform work for the Department of Defense 
with a total combined value in excess of $500,000. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report summarizing the find-
ings and recommendations of the review conducted pursu-
ant to this section. 
SEC. 895. INCLUSION OF THE PROVIDERS OF SERVICES 
AND INFORMATION TECHNOLOGY IN THE NA-
TIONAL 
TECHNOLOGY 
AND 
INDUSTRIAL 
BASE. 
(a) REVISED DEFINITIONS.—Section 2500 of title 
10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘or mainte-
nance’’ and inserting ‘‘integration, services, or infor-
mation technology’’; 
(2) in paragraph (4), by striking ‘‘or produc-
tion’’ and inserting ‘‘production, integration, serv-
ices, or information technology’’;
442 
(3) in paragraph (9)(A), by striking ‘‘and man-
ufacturing’’ and inserting ‘‘manufacturing, integra-
tion, services, and information technology’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(15) The term ‘integration’ means the process 
of providing systems engineering and technical direc-
tion for a system for the purpose of achieving capa-
bilities that satisfy program requirements.’’. 
(b) REVISED OBJECTIVES.—Section 2501(a) of such 
title is amended— 
(1) in paragraph (1), by striking ‘‘Supplying 
and equipping’’ and inserting ‘‘Supplying, equipping, 
and supporting’’; 
(2) in paragraph (2), by striking ‘‘and logistics 
for’’ and inserting ‘‘logistics, and other activities in 
support of’’; 
(3) in paragraph (4), by striking ‘‘and produce’’ 
and inserting ‘‘, produce, and support’’; and 
(4) by redesignating paragraph (6) as para-
graph (8) and inserting after paragraph (5) the fol-
lowing new paragraphs: 
‘‘(6) Providing for the generation of services ca-
pabilities that are not core functions of the armed
443 
forces and that are critical to military operations 
within the national technology and industrial base. 
‘‘(7) Providing for the development, production, 
and integration of information technology within the 
national technology and industrial base.’’. 
(c) REVISED ASSESSMENTS.—Section 2505(b)(4) of 
such title is amended by inserting after ‘‘of this title)’’ 
the following ‘‘or major automated information system 
programs (as defined in section 2445a of this title)’’. 
(d) REVISED POLICY GUIDANCE.—Section 2506(a) 
of such title is amended by striking ‘‘budget allocation, 
weapons’’ and inserting ‘‘strategy, management, budget 
allocation,’’. 
SEC. 896. DEPUTY ASSISTANT SECRETARY OF DEFENSE 
FOR 
MANUFACTURING 
AND 
INDUSTRIAL 
BASE POLICY; INDUSTRIAL BASE FUND. 
(a) DEPUTY ASSISTANT SECRETARY OF DEFENSE.— 
Chapter 7 of title 10, United States Code, is amended by 
inserting after section 139d the following new section: 
‘‘§ 139e. Deputy Assistant Secretary of Defense for 
Manufacturing and Industrial Base Pol-
icy 
‘‘(a) APPOINTMENT.—There is a Deputy Assistant 
Secretary of Defense for Manufacturing and Industrial 
Base Policy, who shall be appointed by the Under Sec-
444 
retary of Defense for Acquisition, Technology, and Logis-
tics and shall report to the Under Secretary. 
‘‘(b) RESPONSIBILITIES.—The Deputy Assistant Sec-
retary of Defense for Manufacturing and Industrial Base 
Policy shall be the principal advisor to the Under Sec-
retary of Defense for Acquisition, Technology, and Logis-
tics in the performance of the Under Secretary’s duties 
relating to the following: 
‘‘(1) Providing input on industrial base matters 
to strategy reviews, including quadrennial defense 
reviews conducted pursuant to section 118 of this 
title. 
‘‘(2) Establishing policies of the Department of 
Defense for maintenance of the defense industrial 
base of the United States. 
‘‘(3) Providing recommendations to the Under 
Secretary on budget matters pertaining to the indus-
trial base. 
‘‘(4) Providing recommendations to the Under 
Secretary on supply chain management and supply 
chain vulnerability. 
‘‘(5) Providing input on industrial base matters 
to defense acquisition policy guidance.
445 
‘‘(6) Establishing the national security objec-
tives concerning the national technology and indus-
trial base required under section 2501 of this title. 
‘‘(7) Executing the national defense program 
for analysis of the national technology and industrial 
base required under section 2503 of this title. 
‘‘(8) Performing the national technology and in-
dustrial base periodic defense capability assessments 
required under section 2505 of this title. 
‘‘(9) Establishing the technology and industrial 
base policy guidance required under section 2506 of 
this title. 
‘‘(10) Executing the authorities of the Manu-
facturing Technology Program under section 2521 
of this title. 
‘‘(11) Carrying out the activities of the Depart-
ment of Defense relating to the Defense Production 
Act Committee established under section 722 of the 
Defense Production Act of 1950 (50 U.S.C. App. 
2171). 
‘‘(12) Consistent with section 2(b) of the De-
fense Production Act of 1950 (50 U.S.C. App. 
2062(b)), executing other applicable authorities pro-
vided under the Defense Production Act of 1950 (50
446 
U.S.C. App. 2061 et seq.), including authorities 
under titles I and II of such Act. 
‘‘(13) Establishing policies related to inter-
national technology security and export control 
issues. 
‘‘(14) Establishing policies related to industrial 
independent research and development programs 
under section 2372 of this title. 
‘‘(15) Such other duties as are assigned by the 
Under Secretary. 
‘‘(c) RULE
OF CONSTRUCTION.—Nothing in sub-
section (b)(9) may be construed to limit the authority or 
modify the policies of the Committee on Foreign Invest-
ment in the United States established under section 
721(k) of the Defense Production Act of 1950 (50 U.S.C. 
App. 2170(k)).’’. 
(b) INDUSTRIAL BASE FUND.— 
(1) IN
GENERAL.—Chapter 148 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2508. Industrial Base Fund 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense 
shall establish an Industrial Base Fund (in this section 
referred to as the ‘Fund’).
447 
‘‘(b) CONTROL OF FUND.—The Fund shall be under 
the control of the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics, acting through the Dep-
uty Assistant Secretary of Defense for Manufacturing and 
Industrial Base Policy. 
‘‘(c) AMOUNTS IN FUND.—The Fund shall consist of 
amounts appropriated or otherwise made available to the 
Fund. 
‘‘(d) USE OF FUND.—Subject to subsection (e), the 
Fund shall be used— 
‘‘(1) to support the monitoring and assessment 
of the industrial base required by this chapter; 
‘‘(2) to address critical issues in the industrial 
base relating to urgent operational needs; 
‘‘(3) to support efforts to expand the industrial 
base; and 
‘‘(4) to address supply chain vulnerabilities. 
‘‘(e) USE OF FUND SUBJECT TO APPROPRIATIONS.— 
The authority of the Secretary of Defense to use the Fund 
under this section in any fiscal year is subject to the avail-
ability of appropriations for that purpose. 
‘‘(f) EXPENDITURES.—The Secretary shall establish 
procedures for expending monies in the Fund in support 
of the uses identified in subsection (d), including the fol-
lowing:
448 
‘‘(1) Direct obligations from the Fund. 
‘‘(2) Transfers of monies from the Fund to rel-
evant appropriations of the Department of De-
fense.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2508. Industrial Base Fund.’’. 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Reorganization of Office of the Secretary of Defense to carry out re-
duction required by law in number of Deputy Under Secre-
taries of Defense. 
Subtitle B—Space Activities 
Sec. 911. Integrated space architectures. 
Sec. 912. Limitation on use of funds for costs of terminating contracts under 
the National Polar-Orbiting Operational Environmental Sat-
ellite System Program. 
Sec. 913. Limitation on use of funds for purchasing Global Positioning System 
user equipment. 
Sec. 914. Plan for integration of space-based nuclear detection sensors. 
Sec. 915. Preservation of the solid rocket motor industrial base. 
Sec. 916. Implementation plan to sustain solid rocket motor industrial base. 
Sec. 917. Review and plan on sustainment of liquid rocket propulsion systems 
industrial base. 
Subtitle C—Intelligence-Related Matters 
Sec. 921. Five-year extension of authority for Secretary of Defense to engage 
in commercial activities as security for intelligence collection 
activities. 
Sec. 922. Modification of attendees at proceedings of Intelligence, Surveillance, 
and Reconnaissance Integration Council. 
Sec. 923. Report on Department of Defense interservice management and co-
ordination of remotely piloted aircraft support of intelligence, 
surveillance, and reconnaissance.
449 
Sec. 924. Report on requirements fulfillment and personnel management relat-
ing to Air Force intelligence, surveillance, and reconnaissance 
provided by remotely piloted aircraft. 
Subtitle D—Cyber Warfare, Cyber Security, and Related Matters 
Sec. 931. Continuous monitoring of Department of Defense information sys-
tems for cybersecurity. 
Sec. 932. Strategy on computer software assurance. 
Sec. 933. Strategy for acquisition and oversight of Department of Defense 
cyber warfare capabilities. 
Sec. 934. Report on the cyber warfare policy of the Department of Defense. 
Sec. 935. Reports on Department of Defense progress in defending the Depart-
ment and the defense industrial base from cyber events. 
Subtitle E—Other Matters 
Sec. 941. Two-year extension of authorities relating to temporary waiver of re-
imbursement of costs of activities for nongovernmental per-
sonnel at Department of Defense Regional Centers for Security 
Studies. 
Sec. 942. Additional requirements for quadrennial roles and missions review in 
2011. 
Sec. 943. Report on organizational structure and policy guidance of the Depart-
ment of Defense regarding information operations. 
Sec. 944. Report on organizational structures of the geographic combatant 
command headquarters. 
Subtitle A—Department of Defense 
Management 
SEC. 901. REORGANIZATION OF OFFICE OF THE SEC-
RETARY OF DEFENSE TO CARRY OUT REDUC-
TION REQUIRED BY LAW IN NUMBER OF DEP-
UTY UNDER SECRETARIES OF DEFENSE. 
(a) REDESIGNATION OF CERTAIN POSITIONS IN OF-
FICE OF SECRETARY OF DEFENSE.— 
(1) REDESIGNATION.—Positions in the Office 
of the Secretary of Defense are hereby redesignated 
as follows: 
(A) The Director of Defense Research and 
Engineering is redesignated as the Assistant
450 
Secretary of Defense for Research and Engi-
neering. 
(B) The Director of Operational Energy 
Plans and Programs is redesignated as the As-
sistant Secretary of Defense for Operational 
Energy Plans and Programs. 
(C) The Assistant to the Secretary of De-
fense for Nuclear and Chemical and Biological 
Defense Programs is redesignated as the As-
sistant Secretary of Defense for Nuclear, Chem-
ical, and Biological Defense Programs. 
(2) REFERENCES.—Any reference in any law, 
rule, regulation, paper, or other record of the United 
States to an office of the Department of Defense re-
designated by paragraph (1) shall be deemed to be 
a reference to such office as so redesignated. 
(b) AMENDMENTS TO CHAPTER 4 OF TITLE 10 RE-
LATING TO REORGANIZATION.— 
(1) REPEAL OF SEPARATE PRINCIPAL DEPUTY 
UNDER SECRETARY OF DEFENSE PROVISIONS.—Sec-
tions 133a, 134a, and 136a of title 10, United 
States Code, are repealed. 
(2) COMPONENTS OF OSD.—Subsection (b) of 
section 131 of such title is amended to read as fol-
lows:
451 
‘‘(b) The Office of the Secretary of Defense is com-
posed of the following: 
‘‘(1) The Deputy Secretary of Defense. 
‘‘(2) The Under Secretaries of Defense, as fol-
lows: 
‘‘(A) The Under Secretary of Defense for 
Acquisition, Technology, and Logistics. 
‘‘(B) The Under Secretary of Defense for 
Policy. 
‘‘(C) The Under Secretary of Defense 
(Comptroller). 
‘‘(D) The Under Secretary of Defense for 
Personnel and Readiness. 
‘‘(E) The Under Secretary of Defense for 
Intelligence. 
‘‘(3) The Deputy Chief Management Officer of 
the Department of Defense. 
‘‘(4) Other officers who are appointed by the 
President, by and with the advice and consent of the 
Senate, and who report directly to the Secretary and 
Deputy Secretary without intervening authority, as 
follows: 
‘‘(A) The Director of Cost Assessment and 
Program Evaluation.
452 
‘‘(B) The Director of Operational Test and 
Evaluation. 
‘‘(C) The General Counsel of the Depart-
ment of Defense. 
‘‘(D) The Inspector General of the Depart-
ment of Defense. 
‘‘(5) The Principal Deputy Under Secretaries of 
Defense. 
‘‘(6) The Assistant Secretaries of Defense. 
‘‘(7) Other officials provided for by law, as fol-
lows: 
‘‘(A) The Deputy Assistant Secretary of 
Defense for Developmental Test and Evaluation 
appointed pursuant to section 139b(a) of this 
title. 
‘‘(B) The Deputy Assistant Secretary of 
Defense for Systems Engineering appointed 
pursuant to section 139b(b) of this title. 
‘‘(C) The Deputy Assistant Secretary of 
Defense for Manufacturing and Industrial Base 
Policy appointed pursuant to section 139c of 
this title. 
‘‘(D) The Director of Small Business Pro-
grams appointed pursuant to section 144 of 
this title.
453 
‘‘(E) The official designated under section 
1501(a) of this title to have responsibility for 
Department of Defense matters relating to 
missing persons as set forth in section 1501 of 
this title. 
‘‘(F) The Director of Family Policy under 
section 1781 of this title. 
‘‘(G) The Director of the Office of Corro-
sion Policy and Oversight assigned pursuant to 
section 2228(a) of this title. 
‘‘(H) The official designated under section 
2438(a) of this title to have responsibility for 
conducting and overseeing performance assess-
ments and root cause analyses for major de-
fense acquisition programs. 
‘‘(8) Such other offices and officials as may be 
established by law or the Secretary of Defense may 
establish or designate in the Office.’’. 
(3) PRINCIPAL
DEPUTY
UNDER
SECRETARIES 
OF DEFENSE.—Section 137a of such title is amend-
ed— 
(A) in subsections (a)(1), (b), and (d), by 
striking ‘‘Deputy Under’’ and inserting ‘‘Prin-
cipal Deputy Under’’;
454 
(B) in subsection (a)(2), by striking ‘‘(A) 
The’’ and all that follows through ‘‘(5) of sub-
section (c)’’ and inserting ‘‘The Principal Dep-
uty Under Secretaries of Defense’’; 
(C) in subsection (c)— 
(i) in paragraphs (1), (2), (3), (4), 
and (5), by striking ‘‘One of the Deputy’’ 
and inserting ‘‘One of the Principal Dep-
uty’’; 
(ii) in paragraphs (1), (2), and (3), by 
striking ‘‘appointed’’ and all that follows 
through ‘‘this title’’; 
(iii) in paragraphs (4) and (5), by 
striking ‘‘shall be’’ and inserting ‘‘is’’; and 
(iv) in paragraph (5), by inserting be-
fore the period at the end the following: ‘‘, 
who shall be appointed from among per-
sons who have extensive expertise in intel-
ligence matters’’; and 
(D) in subsection (d), by adding at the end 
the following new sentence: ‘‘The Principal 
Deputy Under Secretaries shall take precedence 
among themselves in the order prescribed by 
the Secretary of Defense.’’.
455 
(4) ASSISTANT SECRETARIES OF DEFENSE GEN-
ERALLY.—Section 138 of such title is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘12’’ 
and inserting ‘‘16’’; and 
(ii) in paragraph (2), by striking ‘‘(A) 
The’’ and all that follows through ‘‘The 
other’’ and inserting ‘‘The’’; 
(B) in subsection (b)— 
(i) in paragraphs (2), (3), (4), (5), 
and (6), by striking ‘‘shall be’’ and insert-
ing ‘‘is’’; 
(ii) in paragraph (7), by striking ‘‘ap-
pointed pursuant to section 138a of this 
title’’; and 
(iii) by adding at the end the fol-
lowing new paragraphs: 
‘‘(8) One of the Assistant Secretaries is the As-
sistant Secretary of Defense for Research and Engi-
neering. In addition to any duties and powers pre-
scribed under paragraph (1), the Assistant Secretary 
of Defense for Research and Engineering shall have 
the duties specified in section 138b of this title. 
‘‘(9) One of the Assistant Secretaries is the As-
sistant Secretary of Defense for Operational Energy
456 
Plans and Programs. In addition to any duties and 
powers prescribed under paragraph (1), the Assist-
ant Secretary of Defense for Operational Energy 
Plans and Programs shall have the duties specified 
in section 138c of this title. 
‘‘(10) One of the Assistant Secretaries is the 
Assistant Secretary of Defense for Nuclear, Chem-
ical, and Biological Defense Programs. In addition 
to any duties and powers prescribed under para-
graph (1), the Assistant Secretary of Defense for 
Nuclear, Chemical, and Biological Defense Programs 
shall have the duties specified in section 138d of this 
title.’’; and 
(C) in subsection (d), by striking ‘‘and the 
Director of Defense Research and Engineering’’ 
and inserting ‘‘the Deputy Chief Management 
Officer of the Department of Defense, the offi-
cials serving in positions specified in section 
131(b)(4) of this title, and the Principal Dep-
uty Under Secretaries of Defense’’. 
(5) ASSISTANT SECRETARY FOR LOGISTICS AND 
MATERIEL
READINESS.—Section 138a(a) of such 
title is amended— 
(A) by striking ‘‘There is a’’ and inserting 
‘‘The’’; and
457 
(B) by striking ‘‘, appointed from civilian 
life by the President, by and with the advice 
and consent of the Senate. The Assistant Sec-
retary’’. 
(6) ASSISTANT SECRETARY FOR RESEARCH AND 
ENGINEERING.—Section 139a of such title is trans-
ferred so as to appear after section 138a, redesig-
nated as section 138b, and amended— 
(A) by striking subsection (a); 
(B) by redesignating subsections (b) and 
(c) as subsections (a) and (b), respectively; 
(C) in subsection (a), as so redesignated, 
by striking ‘‘Director of Defense Research and 
Engineering’’ and inserting ‘‘Assistant Sec-
retary of Defense for Research and Engineer-
ing’’; and 
(D) in subsection (b), as so redesignated— 
(i) in paragraph (1), by striking ‘‘Di-
rector of Defense Research and Engineer-
ing,’’ and inserting ‘‘Assistant Secretary of 
Defense for Research and Engineering,’’; 
and 
(ii) in paragraph (2), by striking ‘‘Di-
rector’’ and inserting ‘‘Assistant Sec-
retary’’.
458 
(7) ASSISTANT SECRETARY FOR OPERATIONAL 
ENERGY PLANS AND PROGRAMS.—Section 139b of 
such title is transferred so as to appear after section 
138b (as transferred and redesignated by paragraph 
(6)), redesignated as section 138c, and amended— 
(A) in subsection (a), by striking ‘‘There is 
a’’ and all that follows through ‘‘The Director’’ 
and inserting ‘‘The Assistant Secretary of De-
fense for Operational Energy Plans and Pro-
grams’’; 
(B) by striking ‘‘Director’’ each place it 
appears and inserting ‘‘Assistant Secretary’’; 
(C) in subsection (d)(2)— 
(i) by striking ‘‘Not later than’’ and 
all that follows through ‘‘military depart-
ments’’ and inserting ‘‘The Secretary of 
each military department’’; 
(ii) by striking ‘‘who will’’ and insert-
ing ‘‘who shall’’; and 
(iii) by inserting ‘‘so designated’’ after 
‘‘The officials’’; and 
(D) in subsection (d)(4), by striking ‘‘The 
initial’’ and all that follows through ‘‘updates to 
the strategy’’ and inserting ‘‘Updates to the 
strategy required by paragraph (1)’’.
459 
(8) ASSISTANT
SECRETARY
FOR
NUCLEAR, 
CHEMICAL, AND BIOLOGICAL DEFENSE PROGRAMS.— 
Section 142 of such title is transferred so as to ap-
pear after section 138c (as redesignated and trans-
ferred by paragraph (7)), redesignated as section 
138d, and amended— 
(A) by striking subsection (a); 
(B) by redesignating subsection (b) as sub-
section (a) and in that subsection, as so redes-
ignated, by striking ‘‘The Assistant to the Sec-
retary’’ and inserting ‘‘The Assistant Secretary 
of Defense for Nuclear, Chemical, and Biologi-
cal Defense Programs’’; and 
(C) by striking subsection (c) and inserting 
the following new subsection (b): 
‘‘(b) The Assistant Secretary may communicate views 
on issues within the responsibility of the Assistant Sec-
retary directly to the Secretary of Defense and the Deputy 
Secretary of Defense without obtaining the approval or 
concurrence of any other official within the Department 
of Defense.’’. 
(c) DEPUTY CHIEF MANAGEMENT OFFICER.— 
(1) IN GENERAL.—Chapter 4 of title 10, United 
States Code, is further amended by inserting after 
section 132 the following new section:
460 
‘‘§ 132a. Deputy Chief Management Officer 
‘‘(a) APPOINTMENT.—There is a Deputy Chief Man-
agement Officer of the Department of Defense, appointed 
from civilian life by the President, by and with the advice 
and consent of the Senate. 
‘‘(b) RESPONSIBILITIES.—The Deputy Chief Man-
agement Officer assists the Deputy Secretary of Defense 
in the Deputy Secretary’s capacity as Chief Management 
Officer of the Department of Defense under section 132(c) 
of this title. 
‘‘(c) PRECEDENCE.—The Deputy Chief Management 
Officer takes precedence in the Department of Defense 
after the Secretary of Defense, the Deputy Secretary of 
Defense, the Secretaries of the military departments, and 
the Under Secretaries of Defense.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
132(c) of such title is amended by striking the sec-
ond sentence. 
(d) SENIOR OFFICIAL RESPONSIBLE FOR PERFORM-
ANCE ASSESSMENTS AND ROOT CAUSE ANALYSES OF 
MDAPS.—Section 103 of the Weapon Systems Acquisi-
tion Reform Act of 2009 (Public Law 111–23; 123 Stat. 
1715; 10 U.S.C. 2430 note) is transferred to chapter 144 
of title 10, United States Code, inserted so as to appear 
after section 2437, redesignated as section 2438, and 
amended—
461 
(1) in subsection (b)(2), by striking ‘‘section 
2433a(a)(1) of title 10, United States Code (as 
added by section 206(a) of this Act)’’ and inserting 
‘‘section 2433a(a)(1) of this title’’; 
(2) in subsection (b)(5)— 
(A) by striking ‘‘section 2433a of title 10, 
United States Code (as so added)’’ and insert-
ing ‘‘section 2433a of this title’’; and 
(B) by striking ‘‘prior to’’ both places it 
appears and inserting ‘‘before’’; 
(3) in subsection (d), by striking ‘‘section 
2433a of title 10, United States Code (as so added)’’ 
and inserting ‘‘section 2433a of this title’’; and 
(4) in subsection (f), by striking ‘‘beginning in 
2010,’’. 
(e) REDESIGNATION OF DDTE AS DEPUTY ASSIST-
ANT SECRETARY FOR DEVELOPMENTAL TEST AND EVAL-
UATION AND DSE AS DEPUTY ASSISTANT SECRETARY OF 
DEFENSE FOR SYSTEMS ENGINEERING.—Section 139d of 
title 10, United States Code, is amended— 
(1) by striking ‘‘Director of Developmental Test 
and Evaluation’’ each place it appears and inserting 
‘‘Deputy Assistant Secretary of Defense for Develop-
mental Test and Evaluation’’;
462 
(2) by striking ‘‘Director of Systems Engineer-
ing’’ each place it appears and inserting ‘‘Deputy 
Assistant Secretary of Defense for Systems Engi-
neering’’; 
(3) in subsection (a)— 
(A) by striking the subsection heading and 
inserting ‘‘DEPUTY ASSISTANT SECRETARY OF 
DEFENSE
FOR DEVELOPMENTAL TEST
AND 
EVALUATION.—’’; 
(B) by striking ‘‘Director’’ each place it 
appears in paragraphs (2), (3), and (6) and in-
serting ‘‘Deputy Assistant Secretary’’; 
(C) in paragraph (4), by striking the para-
graph heading and inserting ‘‘COORDINATION 
WITH DEPUTY ASSISTANT SECRETARY OF DE-
FENSE FOR SYSTEMS ENGINEERING.—’’; 
(D) in paragraph (5), by striking ‘‘Direc-
tor’’ in the matter preceding subparagraph (A) 
and inserting ‘‘Deputy Assistant Secretary’’; 
and 
(E) in paragraph (6), by striking ‘‘Direc-
tor’s’’ and inserting ‘‘Deputy Assistant Sec-
retary’s’’; and 
(4) in subsection (b)—
463 
(A) by striking the subsection heading and 
inserting ‘‘DEPUTY ASSISTANT SECRETARY OF 
DEFENSE FOR SYSTEMS ENGINEERING.—’’; 
(B) by striking ‘‘Director’’ each place it 
appears in paragraphs (2), (3), (5), and (6) and 
inserting ‘‘Deputy Assistant Secretary’’; 
(C) in paragraph (4), by striking the para-
graph heading and inserting ‘‘COORDINATION 
WITH DEPUTY ASSISTANT SECRETARY OF DE-
FENSE FOR DEVELOPMENTAL TEST AND EVAL-
UATION.—’’; and 
(D) in paragraph (6), by striking ‘‘Direc-
tor’s’’ and inserting ‘‘Deputy Assistant Sec-
retary’s’’. 
(f) REORGANIZATION
OF
CERTAIN
PROVISIONS 
WITHIN CHAPTER 4 TO ACCOUNT FOR OTHER TRANS-
FERS OF PROVISIONS.—Chapter 4 of title 10, United 
States Code, is further amended by redesignating sections 
139c, 139d (as amended by subsection (e)), and 139e (as 
added by section 896 of this Act) as sections 139a, 139b, 
and 139c, respectively. 
(g) REPEAL OF STATUTORY REQUIREMENT FOR OF-
FICE
FOR
MISSING
PERSONNEL
IN
OSD.—Section 
1501(a) of title 10, United States Code, is amended—
464 
(1) by striking the subsection heading and in-
serting the following: ‘‘RESPONSIBILITY FOR MISS-
ING PERSONNEL.—’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘establish within the Office 
of the Secretary of Defense an office to have re-
sponsibility for Department of Defense policy’’ 
in the first sentence and inserting ‘‘designate 
within the Office of the Secretary of Defense an 
official as the Deputy Assistant Secretary of 
Defense for Prisoner of War/Missing Personnel 
Affairs to have responsibility for Department of 
Defense matters’’; 
(B) by striking the second sentence; 
(C) by striking ‘‘of the office’’ and insert-
ing ‘‘of the official designated under this para-
graph’’; 
(D) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(E) by redesignating subparagraph (B) as 
subparagraph (C); and 
(F) by inserting after subparagraph (A) 
the following new subparagraph (B): 
‘‘(B) policy, control, and oversight of the pro-
gram established under section 1509 of this title, as
465 
well as the accounting for missing persons (including 
locating, recovering, and identifying missing persons 
or their remains after hostilities have ceased); and’’; 
(3) by redesignating paragraphs (2), (3), (4), 
and (5) as paragraphs (3), (4), (5), and (6), respec-
tively; 
(4) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The official designated under paragraph 
(1) shall also serve as the Director, Defense Pris-
oner of War/Missing Personnel Office, as established 
under paragraph (6)(A), exercising authority, direc-
tion, and control over that activity.’’. 
(5) in paragraph (3), as so redesignated— 
(A) by striking ‘‘of the office’’ the first 
place it appears; and 
(B) by striking ‘‘head of the office’’ and 
inserting ‘‘official designated under paragraph 
(1) and (2)’’; 
(6) in paragraph (4), as so redesignated— 
(A) by striking ‘‘office’’ and inserting ‘‘des-
ignated official’’; and 
(B) by inserting after ‘‘evasion)’’ the fol-
lowing: ‘‘and for personnel accounting (includ-
ing locating, recovering, and identifying missing
466 
persons or their remains after hostilities have 
ceased)’’; 
(7) in paragraph (5), as so redesignated, by 
striking ‘‘office’’ and inserting ‘‘designated official’’; 
and 
(8) in paragraph (6), as so redesignated— 
(A) in subparagraph (A)— 
(i) by inserting after ‘‘(A)’’ the fol-
lowing: ‘‘The Secretary of Defense shall es-
tablish an activity to account for personnel 
who are missing or whose remains have 
not been recovered from the conflict in 
which they were lost. This activity shall be 
known as the Defense Prisoner of War/ 
Missing Personnel Office.’’; and 
(ii) by striking ‘‘office’’ both places it 
appears and inserting ‘‘activity’’; 
(B) in subparagraph (B)(i), by striking ‘‘to 
the office’’ and inserting ‘‘activity’’; 
(C) in subparagraph (B)(ii)— 
(i) by striking ‘‘to the office’’ and in-
serting ‘‘activity’’; and 
(ii) by striking ‘‘of the office’’ and in-
serting ‘‘of the activity’’; and
467 
(D) in subparagraph (C), by striking ‘‘of-
fice’’ and inserting ‘‘activity’’. 
(h) CLARIFICATION OF HEAD OF OFFICE FOR FAM-
ILY POLICY.—Section 1781 of title 10, United States 
Code, is amended— 
(1) in subsection (a), by striking the second 
sentence and inserting the following new sentence: 
‘‘The office shall be headed by the Director of Fam-
ily Policy, who shall serve within the office of the 
Under Secretary of Defense for Personnel and Read-
iness.’’; and 
(2) by striking ‘‘the Office’’ each place it ap-
pears and inserting ‘‘the Director’’. 
(i) MODIFICATION OF STATUTORY LIMITATION ON 
NUMBER
OF DEPUTY UNDER SECRETARIES
OF DE-
FENSE.— 
(1) DELAY
IN
LIMITATION
ON
NUMBER
OF 
DUSDS.—Section 906(a)(2) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2426; 10 U.S.C. 137a note) is 
amended by striking ‘‘January 1, 2011’’ and insert-
ing ‘‘January 1, 2015’’. 
(2) TEMPORARY AUTHORITY FOR ADDITIONAL 
DUSDS.—During the period beginning on the date of 
the enactment of this Act and ending on January 1,
468 
2015, the Secretary of Defense may, in the Sec-
retary’s discretion, appoint not more than five Dep-
uty Under Secretaries of Defense in addition to the 
five Principal Deputy Under Secretaries of Defense 
authorized by section 137a of title 10, United States 
Code (as amended by subsection (b)(3)). 
(3) REPORT ON PLAN FOR REORGANIZATION OF 
OSD.— 
(A) REPORT REQUIRED.—Not later than 
September 15, 2013, the Secretary of Defense 
shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Represent-
atives a report setting forth a plan for the re-
alignment of the organizational structure of the 
Office of the Secretary of Defense to comply 
with the requirement of section 906(a)(2) of the 
National Defense Authorization Act for Fiscal 
Year 2010, as amended by paragraph (1). 
(B) ELEMENTS.—In preparing the report 
required by subparagraph (A), the Secretary 
shall consider, at a minimum, the feasibility of 
taking the following actions on or before Janu-
ary 1, 2015: 
(i) A merger of the position of Deputy 
Under Secretary of Defense (Installations
469 
and Environment) and the position of As-
sistant Secretary of Defense for Oper-
ational Energy Plans and Programs (as es-
tablished in accordance with the amend-
ments made by subsection (b)(7)) into a 
single Assistant Secretary position. 
(ii) A realignment of positions within 
the Office of the Under Secretary of De-
fense for Policy to eliminate the position of 
Deputy Under Secretary of Defense (Strat-
egy, Plans, and Forces). 
(j) OTHER CONFORMING AMENDMENTS TO TITLE 
10.— 
(1) Section 179(c) of title 10, United States 
Code, is amended— 
(A) in paragraphs (2) and (3), by striking 
‘‘Assistant to the Secretary of Defense for Nu-
clear and Chemical and Biological Defense Pro-
grams’’ and inserting ‘‘Assistant Secretary of 
Defense for Nuclear, Chemical, and Biological 
Defense Programs’’; and 
(B) in paragraph (3), by striking ‘‘that As-
sistant to the Secretary’’ and inserting ‘‘Assist-
ant Secretary’’.
470 
(2) Section 2272 of such title is amended by 
striking ‘‘Director of Defense Research and Engi-
neering’’ each place it appears and inserting ‘‘Assist-
ant Secretary of Defense for Research and Engi-
neering’’. 
(3) Section 2365 of such title is amended— 
(A) in subsection (a), by striking ‘‘Director 
of Defense Research and Engineering’’ and in-
serting ‘‘Assistant Secretary’’; 
(B) in subsection (d)(1), by striking ‘‘Di-
rector’’ and inserting ‘‘Assistant Secretary’’; 
(C) in subsection (d)(2)— 
(i) by striking ‘‘Director of Defense 
Research and Engineering’’ and inserting 
‘‘Assistant Secretary of Defense for Re-
search and Engineering’’; and 
(ii) by striking ‘‘Director may’’ and 
inserting ‘‘Assistant Secretary may’’; and 
(D) in subsection (e), by striking ‘‘Direc-
tor’’ and inserting ‘‘Assistant Secretary’’. 
(4) 
Sections 
2350a(g)(3), 
2366b(a)(3)(D), 
2374a(a), and 2517(a) of such title are amended by 
striking ‘‘Director of Defense Research and Engi-
neering’’ and inserting ‘‘Assistant Secretary of De-
fense for Research and Engineering’’.
471 
(5) Section 2902(b) of such title is amended— 
(A) in paragraph (1), by striking ‘‘Deputy 
Under Secretary of Defense for Science and 
Technology’’ and inserting ‘‘official within the 
Office of the Assistant Secretary of Defense for 
Research and Engineering who is responsible 
for science and technology’’; and 
(B) in paragraph (3), by striking ‘‘Deputy 
Under Secretary of Defense’’ and inserting ‘‘of-
ficial within the Office of the Under Secretary 
of Defense for Acquisition, Technology, and Lo-
gistics who is’’. 
(k) SECTION HEADING
AND CLERICAL AMEND-
MENTS.— 
(1) SECTION HEADING AMENDMENTS.— 
(A) The heading of section 137a of title 
10, United States Code, is amended to read as 
follows: 
‘‘§ 137a. Principal Deputy Under Secretaries of De-
fense’’. 
(B) The heading of section 138b of such 
title, as transferred and redesignated by sub-
section (b)(6), is amended to read as follows:
472 
‘‘§ 138b. Assistant Secretary of Defense for Research 
and Engineering’’. 
(C) The heading of section 138c of such 
title, as transferred and redesignated by sub-
section (b)(7), is amended to read as follows: 
‘‘§ 138c. Assistant Secretary of Defense for Oper-
ational Energy Plans and Programs’’. 
(D) The heading of section 138d of such 
title, as transferred and redesignated by sub-
section (b)(8), is amended to read as follows: 
‘‘§ 138d. Assistant Secretary of Defense for Nuclear, 
Chemical, and Biological Defense Pro-
grams’’. 
(E) The section heading of section 139b of 
such title, as redesignated by subsection (f), is 
amended to read as follows: 
‘‘§ 139b. Deputy Assistant Secretary of Defense for 
Developmental Test and Evaluation; Dep-
uty Assistant Secretary of Defense for 
Systems Engineering: joint guidance’’. 
(F) The heading of section 2438 of such 
title, as transferred and redesignated by sub-
section (d), is amended to read as follows: 
‘‘§ 2438. Performance assessments and root cause 
analyses’’. 
(2) CLERICAL AMENDMENTS.—
473 
(A) The table of sections at the beginning 
of chapter 4 of such title is amended— 
(i) by inserting after the item relating 
to section 132 the following new item: 
‘‘132a. Deputy Chief Management Officer.’’; 
(ii) by striking the items relating to 
sections 133a, 134a, and 136a; 
(iii) by striking the item relating to 
section 137a and inserting the following 
new item: 
‘‘137a. Principal Deputy Under Secretaries of Defense.’’; 
(iv) by inserting after the item relat-
ing to section 138a the following new 
items: 
‘‘138b. Assistant Secretary of Defense for Research and Engineering. 
‘‘138c. Assistant Secretary of Defense for Operational Energy Plans and Pro-
grams. 
‘‘138d. Assistant Secretary of Defense for Nuclear, Chemical, and Biological De-
fense Programs.’’; 
(v) by striking the items relating to 
sections 139a, 139b, 139c, and 139d and 
inserting the following new items: 
‘‘139a. Director of Cost Assessment and Program Evaluation. 
‘‘139b. Deputy Assistant Secretary of Defense for Developmental Test and Eval-
uation; Deputy Assistant Secretary of Defense for Systems En-
gineering: joint guidance. 
‘‘139c. Deputy Assistant Secretary of Defense for Manufacturing and Industrial 
Base Policy.’’; and 
(vi) by striking the item relating to 
section 142.
474 
(B) The table of sections at the beginning 
of chapter 144 of such title is amended by in-
serting after the item relating to section 2437 
the following new item: 
‘‘2438. Performance assessments and root cause analyses.’’. 
(l) OTHER CONFORMING AMENDMENTS.— 
(1) PUBLIC LAW 111–23.—Section 102(b) of the 
Weapon Systems Acquisition Reform Act of 2009 
(Public Law 111–23; 123 Stat. 1714; 10 U.S.C. 
2430 note) is amended— 
(A) by striking ‘‘Director of Developmental 
Test and Evaluation and the Director of Sys-
tems Engineering’’ each place it appears and 
inserting ‘‘Deputy Assistant Secretary of De-
fense for Developmental Test and Evaluation 
and the Deputy Assistant Secretary of Defense 
for Systems Engineering’’; and 
(B) in paragraph (3)— 
(i) by striking the paragraph heading 
and inserting ‘‘ASSESSMENT OF REPORTS 
BY DEPUTY ASSISTANT SECRETARY OF DE-
FENSE
FOR
DEVELOPMENTAL
TEST
AND 
EVALUATION AND DEPUTY ASSISTANT SEC-
RETARY OF DEFENSE FOR SYSTEMS ENGI-
NEERING.—’’; and
475 
(ii) by striking ‘‘Directors’’ and in-
serting ‘‘Deputy Assistant Secretaries of 
Defense’’. 
(2) PUBLIC LAW 110–181.—Section 214 of the 
National Defense Authorization Act of Fiscal Year 
2008 (10 U.S.C. 2521 note) is amended by striking 
‘‘Director of Defense Research and Engineering’’ 
and inserting ‘‘Assistant Secretary of Defense for 
Research and Engineering’’. 
(m) TECHNICAL AMENDMENTS.— 
(1) Section 131(a) of title 10, United States 
Code, is amended by striking ‘‘his’’ and inserting 
‘‘the Secretary’s’’. 
(2) Section 132 of such title is amended by re-
designating subsection (d), as added by section 
2831(a) of the Military Construction Authorization 
Act for Fiscal Year 2010 (division B of Public Law 
111–84; 123 Stat. 2669), as subsection (e). 
(3) Section 135(c) of such title is amended by 
striking ‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(n) EXECUTIVE SCHEDULE AMENDMENTS.— 
(1) NUMBER OF ASSISTANT SECRETARY OF DE-
FENSE POSITIONS.—Section 5315 of title 5, United 
States Code, is amended by striking the item relat-
476 
ing to Assistant Secretaries of Defense and inserting 
the following new item: 
‘‘Assistant Secretaries of Defense (16).’’. 
(2) POSITIONS
REDESIGNATED
AS
ASD
POSI-
TIONS.— 
(A) Section 5315 of such title is further 
amended by striking the item relating to Direc-
tor of Defense Research and Engineering. 
(B) Section 5316 of such title is amended 
by striking the item relating to Assistant to the 
Secretary of Defense for Nuclear and Chemical 
and Biological Defense Programs. 
(3) AMENDMENTS TO STRIKE REFERENCES TO 
POSITIONS IN SENIOR EXECUTIVE SERVICE.—Section 
5316 of such title is further amended— 
(A) by striking the item relating to Direc-
tor, Defense Advanced Research Projects Agen-
cy, Department of Defense; 
(B) by striking the item relating to Deputy 
General Counsel, Department of Defense; 
(C) by striking the item relating to Deputy 
Under Secretaries of Defense for Research and 
Engineering, Department of Defense; and 
(D) by striking the item relating to Special 
Assistant to the Secretary of Defense.
477 
(o) INAPPLICABILITY OF APPOINTMENT REQUIRE-
MENT TO CERTAIN INDIVIDUALS SERVING ON EFFECTIVE 
DATE.— 
(1) IN GENERAL.—Notwithstanding this section 
and the amendments made by this section, the indi-
vidual serving as specified in paragraph (2) on De-
cember 31, 2010, may continue to serve in the appli-
cable position specified in that paragraph after that 
date without the requirement for appointment by the 
President, by and with the advice and consent of the 
Senate. 
(2) COVERED INDIVIDUALS AND POSITIONS.— 
The individuals and positions specified in this para-
graph are the following: 
(A) In the case of the individual serving as 
Director of Defense Research and Engineering, 
the position of Assistant Secretary of Defense 
for Research and Engineering. 
(B) In the case of the individual serving as 
Director of Operational Energy Plans and Pro-
grams, the position of Assistant Secretary of 
Defense for Operational Energy Plans and Pro-
grams. 
(C) In the case of the individual serving as 
Assistant to the Secretary of Defense for Nu-
478 
clear and Chemical and Biological Defense Pro-
grams, the position of Assistant Secretary of 
Defense for Nuclear, Chemical, and Biological 
Defense Programs. 
(p) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), this section and the amendments made by 
this section shall take effect on January 1, 2011. 
(2) CERTAIN MATTERS.—Subsection (i) and the 
amendments made by that subsection, and sub-
section (o), shall take effect on the date of the en-
actment of this Act. 
Subtitle B—Space Activities 
SEC. 911. INTEGRATED SPACE ARCHITECTURES. 
The Secretary of Defense and the Director of Na-
tional Intelligence shall develop an integrated process for 
national security space architecture planning, develop-
ment, coordination, and analysis that— 
(1) encompasses defense and intelligence space 
plans, programs, budgets, and organizations; 
(2) 
provides 
mid-term 
to 
long-term 
rec-
ommendations to guide space-related defense and in-
telligence acquisitions, requirements, and investment 
decisions;
479 
(3) is independent of, but coordinated with, the 
space architecture planning, development, coordina-
tion, and analysis activities of each military depart-
ment and each element of the intelligence commu-
nity (as defined in section 3(4) of the National Secu-
rity Act of 1947 (50 U.S.C. 401a(4))); and 
(4) makes use of, to the maximum extent prac-
ticable, joint duty assignment (as defined in section 
668 of title 10, United States Code) positions. 
SEC. 912. LIMITATION ON USE OF FUNDS FOR COSTS OF 
TERMINATING CONTRACTS UNDER THE NA-
TIONAL POLAR-ORBITING OPERATIONAL EN-
VIRONMENTAL 
SATELLITE 
SYSTEM 
PRO-
GRAM. 
None of the funds authorized to be appropriated or 
otherwise made available by this Act to the Secretary of 
Defense for the National Polar-Orbiting Operational Envi-
ronmental Satellite System Program may be obligated or 
expended for the costs of terminating a contract awarded 
under the Program unless the Secretary of Defense and 
the Secretary of Commerce enter into an agreement under 
which the Secretary of Defense and the Secretary of Com-
merce will each be responsible for half the costs of termi-
nating the contract.
480 
SEC. 913. LIMITATION ON USE OF FUNDS FOR PURCHASING 
GLOBAL POSITIONING SYSTEM USER EQUIP-
MENT. 
(a) IN GENERAL.—Except as provided in subsections 
(b) and (c), none of the funds authorized to be appro-
priated or otherwise made available by this Act or any 
other Act for the Department of Defense may be obligated 
or expended to purchase user equipment for the Global 
Positioning System during fiscal years after fiscal year 
2017 unless the equipment is capable of receiving the mili-
tary code (commonly known as the ‘‘M code’’) from the 
Global Positioning System. 
(b) EXCEPTION.—The limitation under subsection 
(a) shall not apply with respect to the purchase of pas-
senger vehicles or commercial vehicles in which Global Po-
sitioning System equipment is installed. 
(c) WAIVER.—The Secretary of Defense may waive 
the limitation under subsection (a) if the Secretary deter-
mines that— 
(1) suitable user equipment capable of receiving 
the military code from the Global Positioning Sys-
tem is not available; or 
(2) with respect to a purchase of user equip-
ment, the Department of Defense does not require 
that user equipment to be capable of receiving the 
military code from the Global Positioning System.
481 
SEC. 914. PLAN FOR INTEGRATION OF SPACE-BASED NU-
CLEAR DETECTION SENSORS. 
(a) IN GENERAL.—The Secretary of Defense shall, 
in consultation with the Director of National Intelligence 
and the Administrator for Nuclear Security, submit to the 
congressional defense committees a plan to integrate 
space-based nuclear detection sensors in a geosynchronous 
orbit on the Space-Based Infrared System or other sat-
ellite platforms. 
(b) LIMITATION ON USE OF FUNDS FOR THE SPACE- 
BASED INFRARED SYSTEM.— 
(1) IN GENERAL.—Not more than 90 percent of 
the amounts specified in paragraph (2) may be obli-
gated or expended before the date on which the Sec-
retary of Defense submits to the congressional de-
fense committees the plan required by subsection 
(a). 
(2) AMOUNTS SPECIFIED.—The amounts speci-
fied in this paragraph are the following: 
(A) The amount authorized to be appro-
priated by section 103 for procurement for the 
Air Force for missiles for the Space-Based In-
frared System. 
(B) The amount authorized to be appro-
priated by section 201 for research, develop-
482 
ment, test, and evaluation for the Air Force for 
the Space-Based Infrared System. 
SEC. 915. PRESERVATION OF THE SOLID ROCKET MOTOR 
INDUSTRIAL BASE. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall, in consultation with the Administrator of the Na-
tional Aeronautics and Space Administration, submit to 
the appropriate committees of Congress a report on the 
impact of the cancellation of the Constellation program 
of the National Aeronautics and Space Administration on 
any anticipated next generation mission requirements for 
missile defense interceptors, tactical and strategic mis-
siles, targets, and satellite and human spaceflight launch 
vehicles. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include the following: 
(1) A description and assessment of the effects 
on Department of Defense programs that utilize 
solid rocket motors of the cancellation of the Ares I, 
the Ares V, or their solid rocket alternatives or de-
rivatives, and all supporting elements. 
(2) A description of the plans of the Depart-
ment of Defense to mitigate the impact of the can-
cellation of the Ares I, the Ares V, or their solid
483 
rocket alternatives or derivatives, and all supporting 
elements, on the United States solid rocket motor 
industrial base, including a description of the Na-
tional Aeronautics and Space Administration and 
Department of Defense funding required to imple-
ment such plans between fiscal years 2012 and 
2017. 
(3) A description of the impact of the cancella-
tion of the Ares I, Ares V, or their solid rocket alter-
natives or derivatives, and all supporting elements, 
on international partners in programs such as the 
D–5 Trident missile. 
(4) A detailed description of the source of the 
data used in the report. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this subsection, the term ‘‘appropriate com-
mittees of Congress’’ means— 
(1) the Committees on Armed Services, Com-
merce, Science, and Transportation, and Appropria-
tions of the Senate; and 
(2) the Committees on Armed Services, Science 
and Technology, and Appropriations of the House of 
Representatives.
484 
SEC. 916. IMPLEMENTATION PLAN TO SUSTAIN SOLID 
ROCKET MOTOR INDUSTRIAL BASE. 
(a) IN GENERAL.—The Secretary of Defense shall 
develop an implementation plan to sustain the solid rocket 
motor industrial base that— 
(1) is based on the recommendations included 
in the report submitted to the congressional defense 
committees under section 1078 of the National De-
fense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 111–84; 123 Stat. 2479); and 
(2) includes a funding plan for carrying out the 
implementation plan. 
(b) SUBMITTAL TO CONGRESS.—The implementation 
plan required by subsection (a) shall be submitted to Con-
gress with the budget of the President for fiscal year 2012 
as submitted under section 1105(a) of title 31, United 
States Code. 
SEC. 917. REVIEW AND PLAN ON SUSTAINMENT OF LIQUID 
ROCKET PROPULSION SYSTEMS INDUSTRIAL 
BASE. 
(a) IN GENERAL.—The Secretary of Defense shall, 
in consultation with the Administrator of the National 
Aeronautics and Space Administration, review, and de-
velop a plan to sustain, the liquid rocket propulsion sys-
tems industrial base.
485 
(b) ELEMENTS.—The review and plan required by 
subsection (a) shall address the following: 
(1) The capacity to maintain currently available 
liquid rocket propulsion systems. 
(2) The maintenance of an intellectual and en-
gineering capacity to support next generation liquid 
rocket propulsion systems and engines, as needed. 
(3) Opportunities for interagency collaboration 
and research and development on future propulsion 
systems. 
(c) SUBMITTAL TO CONGRESS.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary shall submit to the congressional defense commit-
tees the plan required by subsection (a). 
Subtitle C—Intelligence-Related 
Matters 
SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SEC-
RETARY OF DEFENSE TO ENGAGE IN COM-
MERCIAL ACTIVITIES AS SECURITY FOR IN-
TELLIGENCE COLLECTION ACTIVITIES. 
The second sentence of section 431(a) of title 10, 
United States Code, is amended by striking ‘‘December 
31, 2010’’ and inserting ‘‘December 31, 2015’’.
486 
SEC. 922. MODIFICATION OF ATTENDEES AT PROCEEDINGS 
OF INTELLIGENCE, SURVEILLANCE, AND RE-
CONNAISSANCE INTEGRATION COUNCIL. 
(a) FINDINGS.—Section 923(a)(4) of the National 
Defense Authorization Act for Fiscal Year 2004 (Public 
Law 108–163; 117 Stat. 1574; 10 U.S.C. 426 note) is 
amended by striking ‘‘National Foreign Intelligence Pro-
gram (NFIP), Joint Military Intelligence Program 
(JMIP), and Tactical Intelligence and Related Activities 
Program (TIARA)’’ and inserting ‘‘National Intelligence 
Program (NIP) and a Military Intelligence Program 
(MIP)’’. 
(b) ADDITIONAL AUTHORIZED ATTENDEES.—Sec-
tion 426(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(4) Each Secretary of a military department may 
designate an officer or employee of such military depart-
ment to attend the proceedings of the Council as a rep-
resentative of such military department.’’. 
SEC. 923. REPORT ON DEPARTMENT OF DEFENSE INTER-
SERVICE MANAGEMENT AND COORDINATION 
OF REMOTELY PILOTED AIRCRAFT SUPPORT 
OF INTELLIGENCE, SURVEILLANCE, AND RE-
CONNAISSANCE. 
(a) REPORT REQUIRED.—
487 
(1) REPORT TO SECRETARY OF DEFENSE BY 
CHIEFS OF STAFF.—Not later than 120 days after 
the date of the enactment of this Act, the Chief of 
Staff of the Army, the Chief of Naval Operations, 
and the Chief of Staff of the Air Force shall jointly 
submit to the Secretary of Defense a report, in ac-
cordance with this section, on remotely piloted air-
craft (RPA) support of intelligence, surveillance, and 
reconnaissance (ISR) within their respective Armed 
Forces. 
(2) TRANSMITTAL
TO
CONGRESS.—Not later 
than 30 days after the receipt of the report required 
by paragraph (1), the Secretary shall transmit the 
report, together with the assessment and any rec-
ommendations of the Secretary (including the mat-
ters required pursuant to subsection (b)(2)), to the 
congressional defense committees. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) In the case of the report required by sub-
section (a)(1), a description by each chief of staff re-
ferred to in that subsection of— 
(A) current and planned remotely piloted 
aircraft inventories to support intelligence, sur-
veillance, and reconnaissance requirements over
488 
the period 2011 to 2020, including an identi-
fication of systems each Armed Force considers 
organic and the systems capable of providing 
theater-level support to the commanders of the 
combatant commands; 
(B) policy and processes of each Armed 
Force for coordinating investments in remotely 
piloted aircraft to meet joint force requirements 
for intelligence, surveillance, and reconnaissance 
and to eliminate unnecessary duplication in 
both development and capability; and 
(C) the current employment of remotely pi-
loted aircraft by each Armed Force, including 
the number of remotely piloted aircraft de-
ployed in support operations, the number of re-
motely piloted aircraft assigned for training, 
and the number of remotely piloted aircraft 
warehoused, the capacity of each Armed Force 
to process, exploit, and disseminate intelligence, 
surveillance, and reconnaissance data collected, 
and the extent to which assets are provided to 
the joint community to meet requirements of 
the combatant commands. 
(2) In the case of the transmittal required by 
subsection (a)(2)—
489 
(A) an assessment of the effectiveness of 
the employment of remotely piloted aircraft by 
each Armed Force, and a description of the per-
centage of joint force requirements for intel-
ligence, surveillance, and reconnaissance that 
are being met by the remotely piloted aircraft 
of each Armed Force; 
(B) a description of the joint concept of 
operations under which each Armed Force pro-
vides intelligence, surveillance, and reconnais-
sance capabilities through remotely piloted air-
craft to meet the requirements of the combat-
ant commands; 
(C) a description of the processes by which 
current requirements of the commanders of the 
combatant commands for intelligence, surveil-
lance, and reconnaissance are validated, and 
how the remotely piloted aircraft capabilities of 
each Armed Force are assigned against vali-
dated requirements; 
(D) a description of the current intel-
ligence, surveillance, and reconnaissance re-
quirements 
of 
each 
combatant 
command 
through remotely piloted aircraft;
490 
(E) a description of how the requirements 
described under subparagraph (D) are being 
met; 
(F) an identification of any mission deg-
radation or failure within the combatant com-
mands due to lack of intelligence, surveillance, 
and reconnaissance support; 
(G) a description of various means of ad-
dressing any shortfalls in meeting the require-
ments described under subparagraph (D), in-
cluding temporary shortfalls and permanent 
shortfalls; 
(H) a description of the organization of the 
Unmanned Aerial System Task Force, including 
the goals and objectives of the task force and 
the participation and roles of each Armed Force 
within the task force; 
(I) a description of the organization of the 
Intelligence, Surveillance, and Reconnaissance 
Task Force, including the goals and objectives 
of the task force and the participation and roles 
of each Armed Force within the task force; and 
(J) an identification of any theater-level in-
telligence, surveillance, and reconnaissance ca-
pacity of an Armed Force that is not being
491 
made available by services to fulfill joint force 
requirements for intelligence, surveillance, and 
reconnaissance. 
(c) REMOTELY PILOTED AIRCRAFT DEFINED.—In 
this section, the term ‘‘ remotely piloted aircraft’’ means 
any unmanned aircraft operated remotely, whether within 
or beyond line-of-sight, including unmanned aerial systems 
(UAS), unmanned aerial vehicles (UAV), remotely piloted 
vehicles (RPV), and remotely piloted aircraft (RPA). 
SEC. 924. REPORT ON REQUIREMENTS FULFILLMENT AND 
PERSONNEL MANAGEMENT RELATING TO AIR 
FORCE INTELLIGENCE, SURVEILLANCE, AND 
RECONNAISSANCE PROVIDED BY REMOTELY 
PILOTED AIRCRAFT. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of the Air Force shall, in coordination with the Under Sec-
retary of Defense for Acquisition, Technology, and Logis-
tics and the Under Secretary of Defense for Intelligence, 
submit to the appropriate committees of Congress a report 
on requirements fulfillment and personnel management in 
connection with Air Force intelligence, surveillance, and 
reconnaissance (ISR) provided by remotely piloted aircraft 
(RPA).
492 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) A description of the Joint Concept of Oper-
ation under which the Air Force operates to fulfill 
intelligence, surveillance, and reconnaissance re-
quirements provided by remotely piloted aircraft. 
(2) A description of the current requirements of 
each combatant command for Air Force intelligence, 
surveillance, and reconnaissance provided by re-
motely piloted aircraft, including— 
(A) the number of orbits or combat air pa-
trols for each major platform and sensor pay-
load combination; 
(B) the number of aircraft, aircraft opera-
tors, and ground crews in each orbit or combat 
air patrol, variations in the numbers of each, 
and the explanation for such variations; 
(C) a description of how requirements are 
being met by the management of personnel, 
platforms, sensors, and networks; and 
(D) a description of various means of ad-
dressing any shortfalls in meeting such require-
ments, including temporary shortfalls and per-
manent shortfalls.
493 
(3) A description of manpower management to 
fulfill Air Force mission requirements for intel-
ligence, surveillance, and reconnaissance require-
ments provided by remotely piloted aircraft, includ-
ing the current number of personnel associated with 
each combat air patrol by remotely piloted aircraft 
for aircraft pilots, sensor operators, mission intel-
ligence coordinators, and processing, exploitation, 
and dissemination analysts (in this section referred 
to as ‘‘operators and analysts for remotely piloted 
aircraft’’). 
(4) A description of current Air Force man-
power requirements for operators and analysts for 
remotely piloted aircraft, and any plans for meeting 
such requirements, including— 
(A) an identification of any shortfalls in 
personnel, skill specialties, and grades; and 
(B) any plans of the Air Force to address 
such shortfalls, including— 
(i) plans to address shortfalls in appli-
cable career field retention rates; and 
(ii) plans for utilization of National 
Guard and other reserve component per-
sonnel to address shortfalls in such per-
sonnel, skill specialties, and grades.
494 
(5) A description of the projected Air Force 
manpower requirements for operators and analysts 
for remotely piloted aircraft in each of 2015 and 
2020, including— 
(A) an identification of any significant 
challenges to achieving such requirements in 
particular skill specialties and grades; and 
(B) any plans of the Air Force to address 
such challenges. 
(6) A description of the collaboration of the Air 
Force with, and the reliance of the Air Force on, the 
other Armed Forces and the combat support agen-
cies, in asset management for intelligence, surveil-
lance, and reconnaissance by remotely piloted air-
craft, including personnel for processing, exploi-
tation, and dissemination. 
(7) A description of potential adverse con-
sequences of operating intelligence, surveillance, and 
reconnaissance by remotely piloted aircraft, and as-
sociated intelligence support infrastructure, in a 
surge, understaffed state, or both, including— 
(A) the impact of having to provide for-
ward processing, exploitation, and dissemination 
to support emerging capabilities; and
495 
(B) any plans of the Air Force to mitigate 
such consequences. 
(8) A description of the status of Air Force 
training programs for operators and analysts for re-
motely piloted aircraft, including the ability to meet 
Air Force manpower requirements for such opera-
tors and analysts, and plans for increasing training 
capacity to match plans for expanding Air Force in-
telligence, surveillance, and reconnaissance capabili-
ties. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the Committee on Armed Services, the 
Committee on Appropriations, and the Select Com-
mittee on Intelligence of the Senate; and 
(2) the Committee on Armed Services, the 
Committee on Appropriations, and the Permanent 
Select Committee on Intelligence of the House of 
Representatives.
496 
Subtitle D—Cyber Warfare, Cyber 
Security, and Related Matters 
SEC. 931. CONTINUOUS MONITORING OF DEPARTMENT OF 
DEFENSE INFORMATION SYSTEMS FOR CY-
BERSECURITY. 
(a) IN GENERAL.—The Secretary of Defense shall di-
rect the Chief Information Officer of the Department of 
Defense to work, in coordination with the Chief Informa-
tion Officers of the military departments and the Defense 
Agencies and with senior cybersecurity and information 
assurance officials within the Department of Defense and 
otherwise within the Federal Government, to achieve, to 
the extent practicable, the following: 
(1) The continuous prioritization of the policies, 
principles, standards, and guidelines developed under 
section 20 of the National Institute of Standards 
and Technology Act (15 U.S.C. 278g–3) with agen-
cies and offices operating or exercising control of na-
tional security systems (including the National Secu-
rity Agency) based upon the evolving threat of infor-
mation security incidents with respect to national se-
curity systems, the vulnerability of such systems to 
such incidents, and the consequences of information 
security incidents involving such systems.
497 
(2) The automation of continuous monitoring of 
the effectiveness of the information security policies, 
procedures, and practices within the information in-
frastructure of the Department of Defense, and the 
compliance of that infrastructure with such policies, 
procedures, and practices, including automation of— 
(A) management, operational, and tech-
nical controls of every information system iden-
tified in the inventory required under section 
3505(c) of title 44, United States Code; and 
(B) management, operational, and tech-
nical controls relied on for evaluations under 
section 3545 of title 44, United States Code. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘information security incident’’ 
means an occurrence that— 
(A) actually or potentially jeopardizes the 
confidentiality, integrity, or availability of an 
information system or the information such sys-
tem processes, stores, or transmits; or 
(B) constitutes a violation or imminent 
threat of violation of security policies, security 
procedures, or acceptable use policies with re-
spect to an information system.
498 
(2) The term ‘‘information infrastructure’’ 
means the underlying framework, equipment, and 
software that an information system and related as-
sets rely on to process, transmit, receive, or store in-
formation electronically. 
(3) The term ‘‘national security system’’ has 
the meaning given that term in section 3542(b)(2) 
of title 44, United States Code. 
SEC. 932. STRATEGY ON COMPUTER SOFTWARE ASSUR-
ANCE. 
(a) STRATEGY REQUIRED.—The Secretary of De-
fense shall develop and implement, by not later than Octo-
ber 1, 2011, a strategy for assuring the security of soft-
ware and software-based applications for all covered sys-
tems. 
(b) COVERED SYSTEMS.—For purposes of this sec-
tion, a covered system is any critical information system 
or weapon system of the Department of Defense, including 
the following: 
(1) A major system, as that term is defined in 
section 2302(5) of title 10, United States Code. 
(2) A national security system, as that term is 
defined in section 3542(b)(2) of title 44, United 
States Code.
499 
(3) Any Department of Defense information 
system categorized as Mission Assurance Category I. 
(4) Any Department of Defense information 
system categorized as Mission Assurance Category 
II in accordance with Department of Defense Direc-
tive 8500.01E. 
(c) ELEMENTS.—The strategy required by subsection 
(a) shall include the following: 
(1) Policy and regulations on the following: 
(A) Software assurance generally. 
(B) Contract requirements for software as-
surance for covered systems in development and 
production. 
(C) Inclusion of software assurance in 
milestone reviews and milestone approvals. 
(D) Rigorous test and evaluation of soft-
ware assurance in development, acceptance, and 
operational tests. 
(E) Certification and accreditation require-
ments for software assurance for new systems 
and for updates for legacy systems, including 
mechanisms to monitor and enforce reciprocity 
of certification and accreditation processes 
among the military departments and Defense 
Agencies.
500 
(F) Remediation in legacy systems of crit-
ical software assurance deficiencies that are de-
fined as critical in accordance with the Applica-
tion Security Technical Implementation Guide 
of the Defense Information Systems Agency. 
(2) Allocation of adequate facilities and other 
resources for test and evaluation and certification 
and accreditation of software to meet applicable re-
quirements for research and development, systems 
acquisition, and operations. 
(3) Mechanisms for protection against com-
promise of information systems through the supply 
chain or cyber attack by acquiring and improving 
automated tools for— 
(A) assuring the security of software and 
software applications during software develop-
ment; 
(B) detecting vulnerabilities during testing 
of software; and 
(C) detecting intrusions during real-time 
monitoring of software applications. 
(4) Mechanisms providing the Department of 
Defense with the capabilities—
501 
(A) to monitor systems and applications in 
order to detect and defeat attempts to penetrate 
or disable such systems and applications; and 
(B) to ensure that such monitoring capa-
bilities are integrated into the Department of 
Defense system of cyber defense-in-depth capa-
bilities. 
(5) An update to Committee for National Secu-
rity Systems Instruction No. 4009, entitled ‘‘Na-
tional Information Assurance Glossary’’, to include a 
standard definition for software security assurance. 
(6) Either— 
(A) mechanisms to ensure that vulnerable 
Mission Assurance Category III information 
systems, if penetrated, cannot be used as a 
foundation for penetration of protected covered 
systems, and means for assessing the effective-
ness of such mechanisms; or 
(B) plans to address critical vulnerabilities 
in Mission Assurance Category III information 
systems to prevent their use for intrusions of 
Mission Assurance Category I systems and Mis-
sion Assurance Category II systems.
502 
(7) A funding mechanism for remediation of 
critical software assurance vulnerabilities in legacy 
systems. 
(d) REPORT.—Not later than October 1, 2011, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on the strategy required by sub-
section (a). The report shall include the following: 
(1) A description of the current status of the 
strategy required by subsection (a) and of the imple-
mentation of the strategy, including a description of 
the role of the strategy in the risk management by 
the Department regarding the supply chain and in 
operational planning for cyber security. 
(2) A description of the risks, if any, that the 
Department will accept in the strategy due to limita-
tions on funds or other applicable constraints. 
SEC. 933. STRATEGY FOR ACQUISITION AND OVERSIGHT OF 
DEPARTMENT OF DEFENSE CYBER WARFARE 
CAPABILITIES. 
(a) STRATEGY REQUIRED.—The Secretary of De-
fense, in consultation with the Secretaries of the military 
departments, shall develop a strategy to provide for the 
rapid acquisition of tools, applications, and other capabili-
ties for cyber warfare for the United States Cyber Com-
503 
mand and the cyber operations components of the military 
departments. 
(b) BASIC ELEMENTS.—The strategy required by 
subsection (a) shall include the following: 
(1) An orderly process for determining and ap-
proving operational requirements. 
(2) A well-defined, repeatable, transparent, and 
disciplined process for developing capabilities to 
meet such requirements, in accordance with the in-
formation technology acquisition process developed 
pursuant to section 804 of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public Law 
111–84; 10 U.S.C. 2225 note). 
(3) The allocation of facilities and other re-
sources to thoroughly test such capabilities in devel-
opment, before deployment, and before use in order 
to validate performance and take into account collat-
eral damage and other so-called second-order effects. 
(c) ADDITIONAL ELEMENTS.—The strategy required 
by subsection (a) shall also provide for the following: 
(1) Safeguards to prevent— 
(A) the circumvention of operational re-
quirements and acquisition processes through 
informal relationships among the United States 
Cyber Command, the Armed Forces, the Na-
504 
tional Security Agency, and the Defense Infor-
mation Systems Agency; and 
(B) the abuse of quick-reaction processes 
otherwise available for the rapid fielding of ca-
pabilities. 
(2) The establishment of reporting and over-
sight processes for requirements generation and ap-
proval for cyber warfare capabilities, the assignment 
of responsibility for providing capabilities to meet 
such requirements, and the execution of development 
and deployment of such capabilities, under the au-
thority of the Chairman of the Joint Requirements 
Oversight Council, the Under Secretary of Defense 
for Policy, and other officials in the Office of the 
Secretary of Defense, as designated in the strategy. 
(3) The establishment and maintenance of test 
and evaluation facilities and resources for cyber in-
frastructure to support research and development, 
operational test and evaluation, operational planning 
and effects testing, and training by replicating or 
emulating networks and infrastructure maintained 
and operated by the military and political organiza-
tions of potential United States adversaries, by do-
mestic and foreign telecommunications service pro-
viders, and by the Department of Defense.
505 
(4) An organization or organizations within the 
Department of Defense to be responsible for the op-
eration and maintenance of cyber infrastructure for 
research, development, test, and evaluation purposes. 
(5) Appropriate disclosure regarding United 
States cyber warfare capabilities to the independent 
test and evaluation community, and the involvement 
of that community in the development and mainte-
nance of such capabilities, regardless of classifica-
tion. 
(6) The role of the private sector and appro-
priate Department of Defense organizations in devel-
oping capabilities to operate in cyberspace, and a 
clear process for determining whether to allocate re-
sponsibility for responding to Department of De-
fense cyber warfare requirements through Federal 
Government personnel, contracts with private sector 
entities, or a combination of both. 
(7) The roles of each military department, and 
of the combat support Defense Agencies, in the de-
velopment of cyber warfare capabilities in support of 
offensive, defensive, and intelligence operational re-
quirements. 
(8) Mechanisms to promote information shar-
ing, cooperative agreements, and collaboration with
506 
international, interagency, academic, and industrial 
partners in the development of cyber warfare capa-
bilities. 
(9) The manner in which the Department of 
Defense will promote interoperability, share innova-
tion, and avoid unproductive duplication in cyber 
warfare capabilities through specialization among 
the components of the Department responsible for 
developing cyber capabilities. 
(d) REPORT ON STRATEGY.— 
(1) REPORT REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the appropriate 
committees of Congress a report on the strategy re-
quired by subsection (a). The report shall include a 
comprehensive description of the strategy and plans 
(including a schedule) for the implementation of the 
strategy. 
(2) APPROPRIATE COMMITTEES OF CONGRESS 
DEFINED.—In this subsection, the term ‘‘appro-
priate committees of Congress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate; and
507 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 934. REPORT ON THE CYBER WARFARE POLICY OF 
THE DEPARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.—Not later than March 1, 
2011, the Secretary of Defense shall submit to Congress 
a report on the cyber warfare policy of the Department 
of Defense. 
(b) ELEMENTS.—The report required under this sec-
tion shall include the following: 
(1) A description of the policy and legal issues 
investigated and evaluated by the Department in 
considering the range of missions and activities that 
the Department may choose to conduct in cyber-
space. 
(2) The decisions of the Secretary with respect 
to such issues, and the recommendations of the Sec-
retary to the President for decisions on such of 
those issues as exceed the authority of the Secretary 
to resolve, together with the rationale and justifica-
tion of the Secretary for such decisions and rec-
ommendations.
508 
(3) A description of the intentions of the Sec-
retary with regard to modifying the National Mili-
tary Strategy for Cyberspace Operations. 
(4) The current use of, and potential applica-
tions of, modeling and simulation tools to identify 
likely cybersecurity vulnerabilities, as well as new 
protective and remediation means, within the De-
partment. 
(5) The application of modeling and simulation 
technology to develop strategies and programs to 
deter hostile or malicious activity intended to com-
promise Department information systems. 
(c) FORM.—The report required under this section 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 
935. 
REPORTS 
ON 
DEPARTMENT 
OF 
DEFENSE 
PROGRESS IN DEFENDING THE DEPARTMENT 
AND THE DEFENSE INDUSTRIAL BASE FROM 
CYBER EVENTS. 
(a) REPORTS ON PROGRESS REQUIRED.—Not later 
than 180 days after the date of the enactment of this Act, 
and March 1 every year thereafter through 2015, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on the progress of the Department 
of Defense in defending the Department and the defense
509 
industrial base from cyber events (such as attacks, intru-
sions, and theft). 
(b) ELEMENTS.—Each report under subsection (a) 
shall include the following: 
(1) In the case of the first report, a baseline for 
measuring the progress of the Department of De-
fense in defending the Department and the defense 
industrial base from cyber events, including defini-
tions of significant cyber events, an appropriate cat-
egorization of various types of cyber events, the 
basic methods used in various cyber events, the 
vulnerabilities exploited in such cyber events, and 
the metrics to be utilized to determine whether the 
Department is or is not making progress against an 
evolving cyber threat. 
(2) An ongoing assessment of such baseline 
against key cyber defense strategies (described in 
subsection 
(c)) 
to 
determine 
implementation 
progress. 
(3)(A) A description of the nature and scope of 
significant cyber events against the Department and 
the defense industrial base during the preceding 
year, including, for each such event, a description of 
the intelligence or other Department data acquired, 
the extent of the corruption or compromise of De-
510 
partment information or weapon systems, and the 
impact of such event on the Department generally 
and on operational capabilities. 
(B) For any such event that has been inves-
tigated by or on behalf of the Damage Assessment 
Management Office, a synopsis of each damage as-
sessment report, with emphasis on actions needing 
remediation. 
(4) A comparative assessment of the offensive 
cyber warfare capabilities of current representative 
potential United States adversaries and nations with 
advanced cyber warfare capabilities with the capacity 
of the United States to defend— 
(A) military networks and mission capabili-
ties; and 
(B) critical infrastructure. 
(5) A comparative assessment of the offensive 
cyber warfare capabilities of the United States with 
the capacity of current representative potential 
United States adversaries and nations with advanced 
cyber warfare capabilities to defend against cyber at-
tacks. 
(6) A comparative assessment of the degree of 
dependency of current representative potential 
United States adversaries, nations with advanced
511 
cyber warfare capabilities, and the United States on 
networks that can be attacked through cyberspace. 
(7) A description of known or suspected identi-
fied supply chain vulnerabilities, including known or 
suspected supply chain attacks, and actions to reme-
diate such vulnerabilities. 
(c) KEY CYBER DEFENSE STRATEGIES.—For pur-
poses of subsection (b)(2), key cyber defense strategies in-
clude the following: 
(1) Relevant valid Homeland Security Presi-
dential Directives and National Security Presidential 
Directives. 
(2) The Comprehensive National Cybersecurity 
Initiative. 
(3) The National Military Strategy for Cyber-
space Operations implementation plan. 
(d) PERFORMANCE
OF CERTAIN ASSESSMENTS.— 
The comparative assessment of critical infrastructure re-
quired by subsection (b)(4)(B) shall be performed by the 
Secretary of Homeland Security, in coordination with the 
Secretary of Defense and the heads of other agencies of 
the Government with specific responsibility for critical in-
frastructure.
512 
(e) FORM.—Each report under this section shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
Subtitle E—Other Matters 
SEC. 941. TWO-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO TEMPORARY WAIVER OF REIMBURSE-
MENT OF COSTS OF ACTIVITIES FOR NON-
GOVERNMENTAL PERSONNEL AT DEPART-
MENT OF DEFENSE REGIONAL CENTERS FOR 
SECURITY STUDIES. 
(a) EXTENSION OF WAIVER.—Paragraph (1) of sec-
tion 941(b) of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by 
striking ‘‘fiscal years 2009 and 2010’’ and inserting ‘‘fis-
cal years 2009 through 2012’’. 
(b) ANNUAL REPORT.—Paragraph (3) of such sec-
tion is amended by striking ‘‘in 2010 and 2011’’ and in-
serting ‘‘in each year through 2013’’. 
SEC. 942. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL 
ROLES AND MISSIONS REVIEW IN 2011. 
(a) ADDITIONAL ACTIVITIES CONSIDERED.—As part 
of the quadrennial roles and missions review conducted in 
2011 pursuant to section 118b of title 10, United States 
Code, the Secretary of Defense shall give consideration to
513 
the following activities, giving particular attention to their 
role in counter-terrorism operations: 
(1) Information operations. 
(2) Detention and interrogation. 
(b) ADDITIONAL REPORT REQUIREMENT.—In the re-
port required by section 118b(d) of such title for such re-
view in 2011, the Secretary of Defense shall— 
(1) provide clear guidance on the nature and 
extent of which core competencies are associated 
with the activities listed in subsection (a); and 
(2) identify the elements of the Department of 
Defense that are responsible or should be responsible 
for providing such core competencies. 
SEC. 943. REPORT ON ORGANIZATIONAL STRUCTURE AND 
POLICY GUIDANCE OF THE DEPARTMENT OF 
DEFENSE REGARDING INFORMATION OPER-
ATIONS. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services 
of the House of Representatives a report on the organiza-
tional structure and policy guidance of the Department 
of Defense with respect to information operations.
514 
(b) REVIEW.—In preparing the report required by 
subsection (a), the Secretary shall review the following: 
(1) The extent to which the current definition 
of ‘‘information operations’’ in Department of De-
fense Directive 3600.1 is appropriate. 
(2) The location of the office within the Depart-
ment of the lead official responsible for information 
operations of the Department, including assessments 
of the most effective location and the need to des-
ignate a principal staff assistant to the Secretary of 
Defense for information operations. 
(3) Departmental responsibility for the develop-
ment, coordination, and oversight of Department 
policy on information operations and for the integra-
tion of such operations. 
(4) Departmental responsibility for the plan-
ning, execution, and oversight of Department infor-
mation operations. 
(5) Departmental responsibility for coordination 
within the Department, and between the Depart-
ment and other departments and agencies of the 
Federal Government, regarding Department infor-
mation operations, and for the resolution of conflicts 
in the discharge of such operations, including an as-
515 
sessment of current coordination bodies and deci-
sionmaking processes. 
(6) The roles and responsibilities of the military 
departments, combat support agencies, the United 
States Special Operations Command, and the other 
combatant commands in the development and imple-
mentation of information operations. 
(7) The roles and responsibilities of the defense 
intelligence agencies for support of information oper-
ations. 
(8) The role in information operations of the 
following Department officials: 
(A) The Assistant Secretary of Defense for 
Public Affairs. 
(B) The Assistant Secretary of Defense for 
Special Operations and Low-Intensity Conflict. 
(C) The senior official responsible for in-
formation processing and networking capabili-
ties. 
(9) The role of related capabilities in the dis-
charge of information operations, including public 
affairs capabilities, civil-military operations capabili-
ties, defense support of public diplomacy, and intel-
ligence.
516 
(10) The management structure of computer 
network operations in the Department for the dis-
charge of information operations, and the policy in 
support of that component. 
(11) The appropriate use, management, and 
oversight of contractors in the development and im-
plementation of information operations, including an 
assessment of current guidance and policy directives 
pertaining to the uses of contractors for these pur-
poses. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, with a classified 
annex, if necessary. 
(d) DEPARTMENT OF DEFENSE DIRECTIVE.—Upon 
the submittal of the report required by subsection (a), the 
Secretary shall prescribe a revised directive for the De-
partment of Defense on information operations. The direc-
tive shall take into account the results of the review con-
ducted for purposes of the report. 
(e) INFORMATION OPERATIONS DEFINED.—In this 
section, the term ‘‘information operations’’ means the in-
formation operations specified in Department of Defense 
Directive 3600.1, as follows: 
(1) Electronic warfare. 
(2) Computer network operations.
517 
(3) Psychological operations. 
(4) Military deception. 
(5) Operations security. 
SEC. 944. REPORT ON ORGANIZATIONAL STRUCTURES OF 
THE GEOGRAPHIC COMBATANT COMMAND 
HEADQUARTERS. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense and the Chairman of the Joint Chiefs of Staff 
shall jointly submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of 
the House of Representatives a report on the organiza-
tional structures of the headquarters of the geographic 
combatant commands. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following; 
(1) A description of the organizational structure 
of the headquarters of each geographic combatant 
command. 
(2) An assessment of the benefits and limita-
tions of the different organizational structures in 
meeting the broad range of military missions of the 
geographic combatant commands. 
(3) A description and assessment of the role 
and contributions of other departments and agencies
518 
of the Federal Government within each organiza-
tional structure, including a description of any plans 
to expand interagency participation in the geo-
graphic combatant commands in the future. 
(4) A description of any lessons learned from 
the ongoing reorganization of the organizational 
structure of the United States Southern Command 
and the United States Africa Command, including 
an assessment of the value, if any, added by the po-
sition of civilian deputy to the commander of the 
United States Southern Command and to the com-
mander of the United States Africa Command. 
(5) Any other matters the Secretary and the 
Chairman consider appropriate. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Authorization of additional appropriations for operations in Afghani-
stan, Iraq, and Haiti for fiscal year 2010. 
Sec. 1003. Budgetary effects of this Act. 
Subtitle B—Counter-Drug Activities 
Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 
Sec. 1012. Extension and modification of joint task forces support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1013. Reporting requirement on expenditures to support foreign counter- 
drug activities. 
Sec. 1014. Support for counter-drug activities of certain foreign governments. 
Sec. 1015. Notice to Congress on military construction projects for facilities of 
the Department of Defense and foreign law enforcement agen-
cies for counter-drug activities. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1021. Extension of authority for reimbursement of expenses for certain 
Navy mess operations.
519 
Sec. 1022. Expressing the sense of Congress regarding the naming of a naval 
combat vessel after Father Vincent Capodanno. 
Sec. 1023. Requirements for long-range plan for construction of naval vessels. 
Subtitle D—Counterterrorism 
Sec. 1031. Extension of certain authority for making rewards for combating 
terrorism. 
Sec. 1032. Prohibition on the use of funds for the transfer or release of individ-
uals detained at United States Naval Station, Guantanamo 
Bay, Cuba. 
Sec. 1033. Certification requirements relating to the transfer of individuals de-
tained at Naval Station, Guantanamo Bay, Cuba, to foreign 
countries and other foreign entities. 
Sec. 1034. Prohibition on the use of funds to modify or construct facilities in 
the United States to house detainees transferred from United 
States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1035. Comprehensive review of force protection policies. 
Subtitle E—Homeland Defense and Civil Support 
Sec. 1041. Limitation on deactivation of existing Consequence Management Re-
sponse Forces. 
Subtitle F—Studies and Reports 
Sec. 1051. Interagency national security knowledge and skills. 
Sec. 1052. Report on establishing a Northeast Regional Joint Training Center. 
Sec. 1053. Comptroller General report on previously requested reports. 
Sec. 1054. Biennial report on nuclear triad. 
Sec. 1055. Comptroller General study on common alignment of world regions 
in departments and agencies with international responsibilities. 
Sec. 1056. Required reports concerning bomber modernization, sustainment, 
and recapitalization efforts in support of the national defense 
strategy. 
Sec. 1057. Comptroller General study and recommendations regarding security 
of southern land border of the United States. 
Subtitle G—Miscellaneous Authorities and Limitations 
Sec. 1061. Public availability of Department of Defense reports required by 
law. 
Sec. 1062. Prohibition on infringing on the individual right to lawfully acquire, 
possess, own, carry, and otherwise use privately owned fire-
arms, ammunition, and other weapons. 
Sec. 1063. Development of criteria and methodology for determining the safety 
and security of nuclear weapons. 
Subtitle H—Other Matters 
Sec. 1071. National Defense Panel. 
Sec. 1072. Sale of surplus military equipment to State and local homeland se-
curity and emergency management agencies. 
Sec. 1073. Defense research and development rapid innovation program. 
Sec. 1074. Authority to make excess nonlethal supplies available for domestic 
emergency assistance. 
Sec. 1075. Technical and clerical amendments.
520 
Sec. 1076. Study on optimal balance of manned and remotely piloted aircraft. 
Sec. 1077. Treatment of successor contingency operation to Operation Iraqi 
Freedom. 
Sec. 1078. Program to assess the utility of non-lethal weapons. 
Sec. 1079. Sense of Congress on strategic nuclear force reductions. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2011 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that 
the Secretary may transfer under the authority of 
this section may not exceed $4,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2).
521 
(b) LIMITATIONS.—The authority provided by this 
section to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIA-
TIONS FOR OPERATIONS IN AFGHANISTAN, 
IRAQ, AND HAITI FOR FISCAL YEAR 2010. 
In addition to the amounts otherwise authorized to 
be appropriated by this division, the amounts authorized 
to be appropriated for fiscal year 2010 in title XV of the 
National Defense Authorization Act for Fiscal Year 2010
522 
(Public Law 111–84) are hereby increased, with respect 
to any such authorized amount, as follows: 
(1) The amounts provided in sections 1502 
through 1507 of such Act for the following procure-
ment accounts are increased as follows: 
(A) For aircraft procurement, Army, by 
$182,170,000. 
(B) For weapons and tracked combat vehi-
cles procurement, Army, by $3,000,000. 
(C) For ammunition procurement, Army, 
by $17,055,000. 
(D) For other procurement, Army, by 
$1,997,918,000. 
(E) For the Joint Improvised Explosive 
Device Defeat Fund, by $400,000,000. 
(F) For aircraft procurement, Navy, by 
$104,693,000. 
(G) For other procurement, Navy, by 
$15,000,000. 
(H) For procurement, Marine Corps, by 
$18,927,000. 
(I) For aircraft procurement, Air Force, by 
$209,766,000. 
(J) For ammunition procurement, Air 
Force, by $5,000,000.
523 
(K) For other procurement, Air Force, by 
$576,895,000. 
(L) For the Mine Resistant Ambush Pro-
tected Vehicle Fund, by $1,123,000,000. 
(M) 
For 
defense-wide 
activities, 
by 
$189,276,000. 
(2) The amounts provided in section 1508 of 
such Act for research, development, test, and evalua-
tion are increased as follows: 
(A) For the Army, by $61,962,000. 
(B) For the Navy, by $5,360,000. 
(C) For the Air Force, by $187,651,000. 
(D) 
For 
defense-wide 
activities, 
by 
$22,138,000. 
(3) The amounts provided in sections 1509, 
1511, 1513, 1514, and 1515 of such Act for oper-
ation and maintenance are increased as follows: 
(A) For the Army, by $11,700,965,000. 
(B) For the Navy, by $2,428,702,000. 
(C) 
For 
the 
Marine 
Corps, 
by 
$1,090,873,000. 
(D) For the Air Force, by $3,845,047,000. 
(E) 
For 
defense-wide 
activities, 
by 
$1,188,421,000.
524 
(F) 
For 
the 
Army 
Reserve, 
by 
$67,399,000. 
(G) 
For 
the 
Navy 
Reserve, 
by 
$61,842,000. 
(H) For the Marine Corps Reserve, by 
$674,000. 
(I) For the Air Force Reserve, by 
$95,819,000. 
(J) For the Army National Guard, by 
$171,834,000. 
(K) For the Air National Guard, by 
$161,281,000. 
(L) For the Defense Health Program, by 
$33,367,000. 
(M) 
For 
Drug 
Interdiction 
and 
Counterdrug 
Activities, 
Defense-wide, 
by 
$94,000,000. 
(N) For the Afghanistan Security Forces 
Fund, by $2,604,000,000. 
(O) For the Iraq Security Forces Fund, by 
$1,000,000,000. 
(P) For Overseas Humanitarian, Disaster, 
and Civic Aid, by $255,000,000. 
(Q) For Overseas Contingency Operations 
Transfer Fund, by $350,000,000.
525 
(R) For Working Capital Funds, by 
$974,967,000. 
(4) The amount provided in section 1512 of 
such Act for military personnel accounts is increased 
by $1,895,761,000. 
SEC. 1003. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the Committee on the Budget of the 
House of Representatives, as long as such statement has 
been submitted prior to the vote on passage of this Act. 
Subtitle B—Counter-Drug 
Activities 
SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2042), as most recently amended by 
section 1011 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2441), is further amended—
526 
(1) in subsection (a), by striking ‘‘2010’’ and 
inserting ‘‘2011’’; and 
(2) in subsection (c), by striking ‘‘2010’’ and 
inserting ‘‘2011’’. 
SEC. 1012. EXTENSION AND MODIFICATION OF JOINT TASK 
FORCES SUPPORT TO LAW ENFORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TER-
RORISM ACTIVITIES. 
(a) EXTENSION.—Subsection (b) of section 1022 of 
the National Defense Authorization Act for Fiscal Year 
2004 (10 U.S.C. 371 note) is amended by striking ‘‘2010’’ 
and inserting ‘‘2011’’. 
(b) AVAILABILITY OF AUTHORITY.— 
(1) ADDITIONAL
CONDITION
ON
AUTHORITY 
FOR SUPPORT AND ASSOCIATED WAIVER AUTHOR-
ITY.—Subsection (d) of such section is amended— 
(A) by inserting ‘‘(1)’’ before ‘‘Any sup-
port’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2)(A) Support for counter-terrorism activities pro-
vided under subsection (a) may only be provided if the 
Secretary of Defense determines that the objectives of 
using the counter-drug funds of any joint task force to 
provide such support relate significantly to the objectives
527 
of providing support for counter-drug activities by that 
joint task force or any other joint task force. 
‘‘(B) The Secretary of Defense may waive the re-
quirements of subparagraph (A) if the Secretary deter-
mines that such a waiver is vital to the national security 
interests of the United States. The Secretary shall 
promptly submit to Congress notice in writing of any waiv-
er issued under this subparagraph. 
‘‘(C) The Secretary of Defense may delegate any re-
sponsibility of the Secretary under subparagraph (B) to 
the Deputy Secretary of Defense or to the Under Sec-
retary of Defense for Policy. Except as provided in the 
preceding sentence, such a responsibility may not be dele-
gated to any official of the Department of Defense or any 
other official.’’. 
(2) 
ANNUAL
CERTIFICATION
OF
COMPLI-
ANCE.—Subsection (c) of such section is amended by 
adding at the end the following new paragraph: 
‘‘(4) A certification by the Secretary of Defense 
that any support provided under subsection (a) dur-
ing such one-year period was provided in compliance 
with the requirements of subsection (d).’’. 
(3) INTERIM COMPLIANCE REPORT.—Not later 
than 90 days after the date of the enactment of this
528 
Act, the Secretary of Defense shall submit to Con-
gress a report setting forth— 
(A) a description of each support activity 
provided by a joint task force under subsection 
(a) of section 1022 of the National Defense Au-
thorization Act for Fiscal Year 2004 (10 U.S.C. 
371 note), as of the date of the submittal of 
such report; and 
(B) a certification as to whether or not 
each such activity has been provided in compli-
ance with the requirements of subsection (d) of 
such section, as amended by paragraph (1) of 
this subsection. 
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES 
TO SUPPORT FOREIGN COUNTER-DRUG AC-
TIVITIES. 
Section 1022(a) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–255), 
as most recently amended by section 1013 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2442), is further amended by 
striking ‘‘February 15, 2010’’ and inserting ‘‘February 
15, 2011’’.
529 
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF 
CERTAIN FOREIGN GOVERNMENTS. 
(a) IN GENERAL.—Subsection (a)(2) of section 1033 
of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 1881), as most re-
cently amended by section 1014(a) of the National De-
fense Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2442), is further amended by striking 
‘‘2010’’ and inserting ‘‘2012’’. 
(b) MAXIMUM AMOUNT OF SUPPORT.—Subsection 
(e)(2) of such section is amended by striking ‘‘either of 
fiscal years 2009 and 2010’’ and inserting ‘‘any of the 
fiscal years 2009 through 2012’’. 
SEC. 1015. NOTICE TO CONGRESS ON MILITARY CONSTRUC-
TION PROJECTS FOR FACILITIES OF THE DE-
PARTMENT OF DEFENSE AND FOREIGN LAW 
ENFORCEMENT AGENCIES FOR COUNTER- 
DRUG ACTIVITIES. 
(a) NOTICE TO CONGRESS.— 
(1) NOTICE.—Section 1004 of the National De-
fense Authorization Act for Fiscal Year 1991 (10 
U.S.C. 374 note) is amended— 
(A) in subsection (b)(4), by inserting ‘‘for 
the purpose of facilitating’’ after ‘‘within or 
outside the United States or’’; and 
(B) in subsection (h)(2)(A)—
530 
(i) by striking ‘‘modification or re-
pair’’ and inserting ‘‘construction, modi-
fication, or repair’’; 
(ii) by striking ‘‘a Department of De-
fense facility’’ and inserting ‘‘any facility’’; 
and 
(iii) by striking ‘‘purpose’’ and insert-
ing ‘‘purposes’’. 
(2) CONSTRUCTION
OF
NOTICE.—Subsection 
(h) of such section is further amended by adding at 
the end the following new paragraph: 
‘‘(3) This subsection may not be construed as an au-
thorization for the use of funds for any military construc-
tion project that would exceed the approved cost limita-
tions of an unspecified minor military construction project 
under section 2805(a)(2) of title 10, United States 
Code.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply with respect to facilities 
projects for which a decision is made to be carried out 
on or after that date.
531 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. EXTENSION OF AUTHORITY FOR REIMBURSE-
MENT OF EXPENSES FOR CERTAIN NAVY 
MESS OPERATIONS. 
(a) EXTENSION.—Subsection (b) of section 1014 of 
the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4585) is amended by striking ‘‘September 30, 2010’’ and 
inserting ‘‘September 30, 2015’’. 
(b) CLARIFICATION OF SCOPE OF AUTHORITY.—Sub-
section (a) of such section is amended by inserting ‘‘in 
any fiscal year’’ after ‘‘may be used’’. 
SEC. 1022. EXPRESSING THE SENSE OF CONGRESS REGARD-
ING THE NAMING OF A NAVAL COMBAT VES-
SEL AFTER FATHER VINCENT CAPODANNO. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Father Vincent Capodanno was born on 
February 13, 1929, in Staten Island, New York. 
(2) After attending Fordham University for a 
year, he entered the Maryknoll Missionary Seminary 
in upstate New York in 1949, and was ordained a 
Catholic priest in June 1957.
532 
(3) Father Capodanno’s first assignment as a 
missionary was working with aboriginal Taiwanese 
people in the mountains of Taiwan where he served 
in a parish and later in a school. After several years, 
Father Capodanno returned to the United States for 
leave and then was assigned to a Maryknoll school 
in Hong Kong. 
(4) Father Vincent Capodanno volunteered as a 
Navy Chaplain and was commissioned a Lieutenant 
in the Chaplain Corps of the United States Naval 
Reserve in December 28, 1965. 
(5) Father Vincent Capodanno selflessly ex-
tended his combat tour in Vietnam on the condition 
he was allowed to remain with the infantry. 
(6) On September 4, 1967, during a fierce bat-
tle in the Thang Binh District of the Que-Son Valley 
in Vietnam, Father Capodanno went among the 
wounded and dying, giving last rites and caring for 
the injured. He was killed that day while taking care 
of his Marines. 
(7) On January 7, 1969, Father Vincent 
Capodanno was awarded the Medal of Honor post-
humously for comforting the wounded and dying 
during the Vietnam conflict. For his dedicated serv-
ice, Father Capodanno was also awarded the Bronze
533 
Star, the Purple Heart, the Presidential Unit Cita-
tion, the National Defense Service Medal, the Viet-
nam Service Medal, the Vietnam Gallantry Cross 
with Palm, and the Vietnam Campaign Medal. 
(8) In his memory, the U.S.S. Capodanno was 
commissioned on September 17, 1973. It is the only 
Naval vessel to date to have received a Papal bless-
ing by Pope John Paul II in Naples, Italy, on Sep-
tember 4, 1981. 
(9) The U.S.S. Capodanno was decommissioned 
on July 30, 1993. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Navy should name a com-
bat vessel of the United States Navy the ‘‘U.S.S. Father 
Vincent Capodanno’’, in honor of Father Vincent 
Capodanno, a lieutenant in the Navy Chaplain Corps. 
SEC. 1023. REQUIREMENTS FOR LONG-RANGE PLAN FOR 
CONSTRUCTION OF NAVAL VESSELS. 
(a) IN GENERAL.—Section 231 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 231. Long-range plan for construction of naval ves-
sels 
‘‘(a) QUADRENNIAL NAVAL VESSEL CONSTRUCTION 
PLAN.—At the same time that the budget of the President 
is submitted under section 1105(a) of title 31 during each
534 
year in which the Secretary of Defense submits a quadren-
nial defense review, the Secretary of the Navy shall submit 
to the congressional defense committees a long-range plan 
for the construction of combatant and support vessels for 
the Navy that supports the force structure recommenda-
tions of the quadrennial defense review. 
‘‘(b) MATTERS INCLUDED.—The plan under sub-
section (a) shall include the following: 
‘‘(1) A detailed construction schedule of naval 
vessels for the 10-year period beginning on the date 
on which the plan is submitted, including a certifi-
cation by the Secretary that the budget for the fiscal 
year in which the plan is submitted and the budget 
for the future-years defense program submitted 
under section 221 of this title are sufficient for 
funding such schedule. 
‘‘(2) A probable construction schedule for the 
10-year period beginning on the date that is 10 
years after the date on which the plan is submitted. 
‘‘(3) A notional construction schedule for the 
10-year period beginning on the date that is 20 
years after the date on which the plan is submitted. 
‘‘(4) The estimated levels of annual funding 
necessary to carry out the construction schedules 
under paragraphs (1), (2), and (3).
535 
‘‘(5) For the construction schedules under para-
graphs (1) and (2)— 
‘‘(A) a determination by the Director of 
Cost Assessment and Program Evaluation of 
the level of funding necessary to execute such 
schedules; and 
‘‘(B) an evaluation by the Director of the 
potential risk associated with such schedules, 
including detailed effects on operational plans, 
missions, deployment schedules, and fulfillment 
of the requirements of the combatant com-
manders. 
‘‘(c) NAVAL COMPOSITION.—In submitting the plan 
under subsection (a), the Secretary shall ensure that such 
plan is in accordance with section 5062(b) of this title. 
‘‘(d) ASSESSMENT
WHEN
BUDGET
IS
INSUFFI-
CIENT.—If the budget for a fiscal year provides for fund-
ing of the construction of naval vessels at a level that is 
less than the level determined necessary by the Director 
of Cost Assessment and Program Evaluation under sub-
section (b)(5), the Secretary of the Navy shall include with 
the defense budget materials for that fiscal year an assess-
ment that describes and discusses the risks associated 
with the budget, including the risk associated with a re-
536 
duced force structure that may result from funding naval 
vessel construction at such a level. 
‘‘(e) CBO EVALUATION.—Not later than 60 days 
after the date on which the congressional defense commit-
tees receive the plan under subsection (a), the Director 
of the Congressional Budget Office shall submit to such 
committees a report assessing the sufficiency of the esti-
mated levels of annual funding included in such plan with 
respect to the budget submitted during the year in which 
the plan is submitted and the future-years defense pro-
gram submitted under section 221 of this title. 
‘‘(f) CHANGES TO THE CONSTRUCTION PLAN.—In 
any year in which a quadrennial defense review is not sub-
mitted and the budget of the President submitted under 
section 1105(a) of title 31 decreases the number of vessels 
requested in the future-years defense program submitted 
under section 221 of this title, the Secretary of the Navy 
shall submit to the congressional defense committees a re-
port on such decrease including— 
‘‘(1) an addendum to the most recent quadren-
nial defense review that fully explains and justifies 
the decrease with respect to the national security 
strategy of the United States as set forth in the 
most recent national security strategy report of the
537 
President under section 108 of the National Security 
Act of 1947 (50 U.S.C. 404a); and 
‘‘(2) a description of the additional reviews and 
analyses considered by the Secretary after the pre-
vious quadrennial defense review was submitted that 
justify the decrease. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under sec-
tion 1105(a) of title 31. 
‘‘(2) The term ‘defense budget materials’, with 
respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary of Defense in 
support of the budget for that fiscal year. 
‘‘(3) The term ‘quadrennial defense review’ 
means the review of the defense programs and poli-
cies of the United States that is carried out every 
four years under section 118 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 9 of such title is amended by 
striking the item relating to section 231 and inserting the 
following new item: 
‘‘231. Long-range plan for construction of naval vessels.’’.
538 
Subtitle D—Counterterrorism 
SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAK-
ING REWARDS FOR COMBATING TERRORISM. 
Section 127b(c)(3)(C) of title 10, United States 
Code, is amended by striking ‘‘2010’’ and inserting 
‘‘2011’’. 
SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE 
TRANSFER OR RELEASE OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated by 
this Act for fiscal year 2011 may be used to transfer, re-
lease, or assist in the transfer or release to or within the 
United States, its territories, or possessions of Khalid 
Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after January 20, 
2009, at United States Naval Station, Guantanamo 
Bay, Cuba, by the Department of Defense.
539 
SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO 
THE TRANSFER OF INDIVIDUALS DETAINED 
AT 
NAVAL 
STATION, 
GUANTANAMO 
BAY, 
CUBA, TO FOREIGN COUNTRIES AND OTHER 
FOREIGN ENTITIES. 
(a) LIMITATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), during the one-year period beginning on 
the date of the enactment of this Act, the Secretary 
of Defense may not use any of the amounts author-
ized to be appropriated by this Act or otherwise 
available to the Department of Defense to transfer 
any individual detained at Guantanamo to the cus-
tody or effective control of the individual’s country 
of origin, any other foreign country, or any other 
foreign entity unless the Secretary submits to Con-
gress the certification described in subsection (b) by 
not later than 30 days before the transfer of the in-
dividual. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to any action taken by the Secretary to trans-
fer any individual detained at Guantanamo to effec-
tuate an order affecting the disposition of the indi-
vidual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdic-
540 
tion. The Secretary shall notify Congress promptly 
upon issuance of any such order. 
(b) CERTIFICATION.—The certification described in 
this subsection is a written certification made by the Sec-
retary of Defense, with the concurrence of the Secretary 
of State, that the government of the foreign country or 
the recognized leadership of the foreign entity to which 
the individual detained at Guantanamo is to be trans-
ferred— 
(1) is not a designated state sponsor of ter-
rorism or a designated foreign terrorist organization; 
(2) maintains effective control over each deten-
tion facility in which an individual is to be detained 
if the individual is to be housed in a detention facil-
ity; 
(3) is not, as of the date of the certification, 
facing a threat that is likely to substantially affect 
its ability to exercise control over the individual; 
(4) has agreed to take effective steps to ensure 
that the individual cannot take action to threaten 
the United States, its citizens, or its allies in the fu-
ture; 
(5) has taken such steps as the Secretary deter-
mines are necessary to ensure that the individual
541 
cannot engage or re-engage in any terrorist activity; 
and 
(6) has agreed to share any information with 
the United States that— 
(A) is related to the individual or any asso-
ciates of the individual; and 
(B) could affect the security of the United 
States, its citizens, or its allies. 
(c) PROHIBITION AND WAIVER IN CASES OF PRIOR 
CONFIRMED RECIDIVISM.— 
(1) PROHIBITION.—Except as provided in para-
graph (3), during the one-year period beginning on 
the date of the enactment of this Act, the Secretary 
of Defense may not use any amount authorized to 
be appropriated or otherwise made available to the 
Department of Defense to transfer any individual 
detained at Guantanamo to the custody or effective 
control of the individual’s country of origin, any 
other foreign country, or any other foreign entity if 
there is a confirmed case of any individual who was 
detained at United States Naval Station, Guanta-
namo Bay, Cuba, at any time after September 11, 
2001, who was transferred to the foreign country or 
entity and subsequently engaged in any terrorist ac-
tivity.
542 
(2) WAIVER.—The Secretary of Defense may 
waive the prohibition in paragraph (1) if the Sec-
retary determines that such a transfer is in the na-
tional security interests of the United States and in-
cludes, as part of the certification described in sub-
section (b) relating to such transfer, the determina-
tion of the Secretary under this paragraph. 
(3) EXCEPTION.—Paragraph (1) shall not 
apply to any action taken by the Secretary to trans-
fer any individual detained at Guantanamo to effec-
tuate an order affecting the disposition of the indi-
vidual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdic-
tion. The Secretary shall notify Congress promptly 
upon issuance of any such order. 
(d) DEFINITIONS.—For the purposes of this section: 
(1) The term ‘‘individual detained at Guanta-
namo’’ means any individual who is located at 
United States Naval Station, Guantanamo Bay, 
Cuba, as of October 1, 2009, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is—
543 
(i) in the custody or under the effec-
tive control of the Department of Defense; 
or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(2) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MOD-
IFY OR CONSTRUCT FACILITIES IN THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—None of the funds authorized to 
be appropriated by this Act may be used to construct or 
modify any facility in the United States, its territories, 
or possessions to house any individual described in sub-
section (c) for the purposes of detention or imprisonment 
in the custody or under the effective control of the Depart-
ment of Defense. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba.
544 
(c) INDIVIDUALS DESCRIBED.—An individual de-
scribed in this subsection is any individual who, as of Oc-
tober 1, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
(d) REPORT ON USE OF FACILITIES IN THE UNITED 
STATES
TO HOUSE DETAINEES TRANSFERRED FROM 
GUANTANAMO.— 
(1) REPORT REQUIRED.—Not later than April 
1, 2011, the Secretary of Defense shall submit to 
the congressional defense committees a report, in 
classified or unclassified form, on the merits, costs, 
and risks of using any proposed facility in the 
United States, its territories, or possessions to house 
any individual described in subsection (c) for the 
purposes of detention or imprisonment in the cus-
tody or under the effective control of the Depart-
ment of Defense.
545 
(2) ELEMENTS OF THE REPORT.—The report 
required in paragraph (1) shall include each of the 
following: 
(A) A discussion of the merits associated 
with any such proposed facility that would jus-
tify— 
(i) using the facility instead of the fa-
cility at United States Naval Station, 
Guantanamo Bay, Cuba; and 
(ii) the proposed facility’s contribution 
to effecting a comprehensive policy for con-
tinuing military detention operations. 
(B) The rationale for selecting the specific 
site for any such proposed facility, including de-
tails for the processes and criteria used for 
identifying the merits described in subpara-
graph (A) and for selecting the proposed site 
over reasonable alternative sites. 
(C) A discussion of any potential risks to 
any community in the vicinity of any such pro-
posed facility, the measures that could be taken 
to mitigate such risks, and the likely cost to the 
Department of Defense of implementing such 
measures.
546 
(D) A discussion of any necessary modi-
fications to any such proposed facility to ensure 
that any detainee transferred from Guantanamo 
Bay to such facility could not come into contact 
with any other individual, including any other 
person detained at such facility, that is not ap-
proved for such contact by the Department of 
Defense, and an assessment of the likely costs 
of such modifications. 
(E) A discussion of any support at the site 
of any such proposed facility that would likely 
be provided by the Department of Defense, in-
cluding the types of support, the number of per-
sonnel required for each such type, and an esti-
mate of the cost of such support. 
(F) A discussion of any support, other 
than support provided at a proposed facility, 
that would likely be provided by the Depart-
ment of Defense for the operation of any such 
proposed facility, including the types of possible 
support, the number of personnel required for 
each such type, and an estimate of the cost of 
such support. 
(G) A discussion of the legal issues, in the 
judgment of the Secretary of Defense, that
547 
could be raised as a result of detaining or im-
prisoning any individual described in subsection 
(c) at any such proposed facility that could not 
be raised while such individual is detained or 
imprisoned at United States Naval Station, 
Guantanamo Bay, Cuba. 
SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTEC-
TION POLICIES. 
(a) COMPREHENSIVE REVIEW REQUIRED.—The Sec-
retary of Defense shall conduct a comprehensive review 
of Department of Defense policies, regulations, instruc-
tions, and directives pertaining to force protection within 
the Department. 
(b) MATTERS COVERED.—The review required under 
subsection (a) shall include an assessment of each of the 
following: 
(1) Information sharing practices across the 
Department of Defense, and among the State, local, 
and Federal partners of the Department of Defense. 
(2) Antiterrorism and force protection stand-
ards relating to buildings, including standoff dis-
tances. 
(3) Protective standards relating to chemical, 
biological, radiological, nuclear, and high explosives 
threats.
548 
(4) Standards relating to access to Department 
bases. 
(5) Standards for identity management within 
the Department, including such standards for iden-
tity cards and biometric identifications systems. 
(6) Procedures for validating and approving in-
dividuals with regular or episodic access to military 
installations, including military personnel, civilian 
employees, contractors, family members of per-
sonnel, and other types of visitors. 
(7) Procedures for sharing with appropriate De-
partment of Defense officials with responsibility for 
force protection— 
(A) information from the intelligence or 
law enforcement community regarding possible 
threats from terrorists or terrorist groups, 
criminal organizations, or other state and non- 
state foreign entities actively working to under-
mine the security interests of the United States; 
and 
(B) information regarding personnel who 
have engaged in potentially suspicious activities 
or may otherwise pose a threat.
549 
(8) Any legislative changes recommended for 
implementing the recommendations contained in the 
review. 
(c) INTERIM REPORT.—Not later than September 1, 
2012, the Secretary of Defense shall submit an interim 
report on the comprehensive review required under sub-
section (a). 
(d) FINAL REPORT.—Not later than March 1, 2013, 
the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Represent-
atives a final report on the comprehensive review required 
under subsection (a). The final report shall include such 
findings and recommendations as the Secretary considers 
appropriate based on the review, including recommended 
actions to be taken to implement the specific recommenda-
tions in the final report. The final report shall be sub-
mitted in an unclassified format, but may include a classi-
fied annex. 
Subtitle E—Homeland Defense and 
Civil Support 
SEC. 1041. LIMITATION ON DEACTIVATION OF EXISTING 
CONSEQUENCE 
MANAGEMENT 
RESPONSE 
FORCES. 
(a) LIMITATION.—The Secretary of Defense shall en-
sure that no Chemical, Biological, Radiological, Nuclear,
550 
or High-Yield Explosive Consequence Management Re-
sponse Force established as of October 1, 2009, is deacti-
vated or disestablished until the Secretary provides a cer-
tification described in subsection (b). 
(b) CERTIFICATION.—The certification described in 
this subsection is a written certification to the congres-
sional defense committees that there exists within the 
United States Armed Forces an alternative chemical, bio-
logical, radiological, nuclear, or high-yield explosive con-
sequence management response capability that is at least 
as capable as two Chemical, Biological, Radiological, Nu-
clear, or High-Yield Explosive Consequence Management 
Response Forces. 
(c) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
shall submit to the congressional defense committees 
a report on plans of the Department of Defense to 
establish Homeland Response Forces for domestic 
emergency response to incidents involving weapons 
of mass destruction. 
(2) ELEMENTS
OF
REPORT.—The report re-
quired by this subsection shall include the following: 
(A) A detailed description of the analysis 
that led to the decision to establish Homeland
551 
Response Forces described in paragraph (1), in-
cluding— 
(i) whether consideration was given to 
establishing Homeland Response Forces 
within the Reserves; and 
(ii) the reasons for not planning to es-
tablish any Homeland Response Forces 
within the Reserves. 
(B) A detailed description of the plans to 
establish Homeland Response Forces, includ-
ing— 
(i) the cost and schedule to establish, 
equip, maintain, and operate the proposed 
Homeland Response Forces; 
(ii) guidelines for the employment of 
Homeland Response Forces; and 
(iii) the portion of the costs of Home-
land Response Forces that will be borne by 
the States. 
(C) A detailed description of the proposed 
number and composition of Homeland Response 
Forces, including— 
(i) the number and type of units in 
each Homeland Response Force; and
552 
(ii) the number of personnel in each 
Homeland Response Force. 
(D) A comparative assessment of the emer-
gency response capabilities of a Homeland Re-
sponse Force with the capabilities of a Chem-
ical, Biological, Radiological, Nuclear, or High- 
Yield Explosive Consequence Management Re-
sponse Force, including— 
(i) a comparison of the equipment 
proposed for each type of force; 
(ii) a comparison of the proposed 
means of transportation for each type of 
force; 
(iii) an estimate of the time it would 
take each type of force to deploy to an in-
cident site; and 
(iv) an estimate of the operational du-
ration of each type of force at such a site. 
(E) A description of the command and 
control arrangements proposed for the Home-
land Response Forces, including a description 
of the degree to which the Homeland Response 
Forces would be subject to the direction and 
control of the Department of Defense, as com-
553 
pared to the Governor of the State in which 
they are located. 
(F) The results of the United States 
Northern Command study of the possible con-
cepts of operations and of the implementation 
of the Homeland Response Force plan in such 
a manner as to provide adequate capability to 
provide Federal defense support to civil authori-
ties during domestic incidents involving weap-
ons of mass destruction. 
(G) Any other matters the Secretary con-
siders appropriate. 
(3) FORM OF REPORT.—The report required by 
this subsection shall be in unclassified form, but 
may include a classified annex. 
Subtitle F—Studies and Reports 
SEC. 1051. INTERAGENCY NATIONAL SECURITY KNOWL-
EDGE AND SKILLS. 
(a) STUDY REQUIRED.— 
(1) SELECTION OF INDEPENDENT STUDY ORGA-
NIZATION.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Defense 
shall select and enter into an agreement with an ap-
propriate independent, nonprofit organization to
554 
conduct a study of the matters described in sub-
section (b). 
(2) QUALIFICATIONS
OF
ORGANIZATION
SE-
LECTED.—The organization selected shall be quali-
fied on the basis of having relevant expertise in the 
fields of national security and human capital devel-
opment, and on the basis of such other criteria as 
the Secretary of Defense may determine. 
(b) MATTERS TO BE COVERED.—The study required 
by subsection (a) shall assess the current state of inter-
agency national security knowledge and skills in Depart-
ment of Defense civilian and military personnel, and make 
recommendations for strengthening such knowledge and 
skills. At minimum, the study shall include assessments 
and recommendations on— 
(1) interagency national security training, edu-
cation, and rotational assignment opportunities 
available to civilians and military personnel; 
(2) integration of interagency national security 
education into the professional military education 
system; 
(3) levels of interagency national security 
knowledge and skills possessed by personnel cur-
rently serving in civilian executive and general or 
flag officer positions, as represented by the inter-
555 
agency education, training, and professional experi-
ences they have undertaken; 
(4) incentives that enable and encourage mili-
tary and civilian personnel to undertake interagency 
assignment, education, and training opportunities, 
as well as disincentives and obstacles that discourage 
undertaking such opportunities; and 
(5) any plans or current efforts to improve the 
interagency national security knowledge and skills of 
civilian and military personnel. 
(c) REPORT.—Not later than December 1, 2011, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report containing the findings and rec-
ommendations from the study required by subsection (a). 
(d) DEFINITION.—In this section, the term ‘‘inter-
agency national security knowledge and skills’’ means an 
understanding of, and the ability to efficiently and expedi-
tiously work within, the structures, mechanisms, and proc-
esses by which the departments, agencies, and elements 
of the Federal Government that have national security 
missions coordinate and integrate their policies, capabili-
ties, budgets, expertise, and activities to accomplish such 
missions.
556 
SEC. 1052. REPORT ON ESTABLISHING A NORTHEAST RE-
GIONAL JOINT TRAINING CENTER. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the need for the establishment of a 
Northeast Regional Joint Training Center. 
(b) CONTENTS OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) A list of facilities in the Northeastern 
United States at which, as of the date of the enact-
ment of this Act, the Department of Defense has de-
ployed or has committed to deploying joint training. 
(2) A description of the extent to which such 
facilities have sufficient unused capacity and exper-
tise to accommodate and fully utilize joint training. 
(3) A list of potential locations for the North-
east Regional Joint Training Center discussed in the 
report. 
(c) CONSIDERATIONS WITH RESPECT
TO LOCA-
TION.—In determining potential locations for the North-
east Regional Joint Training Center to be discussed in the 
report required under subsection (a), the Secretary of De-
fense shall take into consideration Department of Defense 
facilities that have— 
(1) a workforce of skilled personnel;
557 
(2) live, virtual, and constructive training capa-
bilities, and the ability to digitally connect them and 
the associated battle command structure at the tac-
tical and operational levels; 
(3) an extensive deployment history in Oper-
ation Enduring Freedom and Operation Iraqi Free-
dom; 
(4) a location in the Northeastern United 
States; 
(5) the capacity or potential capacity to accom-
modate a target training audience range of 500 to 
4,000 additional personnel; and 
(6) the capability to accommodate the training 
of current and future joint forces. 
SEC. 1053. COMPTROLLER GENERAL REPORT ON PRE-
VIOUSLY REQUESTED REPORTS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2011, the Comptroller General of the United States shall 
submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives a report evaluating the sufficiency, ade-
quacy, and conclusions of the following reports: 
(1) The report on Air Force fighter force short-
falls, as required by the report of the House of Rep-
resentatives numbered 111–166, which accompanied
558 
the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84). 
(2) The report on procurement of 4.5 genera-
tion fighters, as required by section 131 of the Na-
tional Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2218). 
(3) The report on combat air forces restruc-
turing, as required by the report of the House of 
Representatives numbered 111–288, which accom-
panied the conference report for the National De-
fense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 111–84). 
(b) MATTERS COVERED BY REPORT.—The report re-
quired by subsection (a) shall examine the potential costs 
and benefits of each of the following: 
(1) The service life extension program costs to 
sustain the legacy fighter fleet to meet inventory re-
quirements with an emphasis on the service life ex-
tension program compared to other options such as 
procurement of 4.5 generation fighters. 
(2) The Falcon Structural Augmentation Road-
map of F–16s, with emphasis on the cost-benefit of 
such effort and the effect of such efforts on the serv-
ice life of the airframes.
559 
(3) Any additional programs designed to extend 
the service life of legacy fighter aircraft. 
(c) PROHIBITION.—No fighter aircraft may be retired 
from the Air Force or the Air National Guard inventory 
in fiscal year 2011 until the date that is 90 days after 
the date on which the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the 
House of Representatives receive the report required 
under subsection (a). 
SEC. 1054. BIENNIAL REPORT ON NUCLEAR TRIAD. 
(a) REPORT.—Not later than March 1 of each even- 
numbered year, beginning March 1, 2012, the Secretary 
of Defense, in consultation with the Administrator for Nu-
clear Security, shall submit to the congressional defense 
committees a report on the nuclear triad. 
(b) MATTERS INCLUDED.—The report under sub-
section (a) shall include the following: 
(1) A detailed discussion of the modernization 
and sustainment plans for each component of the 
nuclear triad over the 10-year period beginning on 
the date of the report. 
(2) The funding required for each platform of 
the nuclear triad with respect to operation and 
maintenance, modernization, and replacement.
560 
(3) Any industrial capacities that the Secretary 
considers vital to ensure the viability of the nuclear 
triad. 
(c) NUCLEAR TRIAD DEFINED.—In this section, the 
term ‘‘nuclear triad’’ means the nuclear deterrent capabili-
ties of the United States composed of ballistic missile sub-
marines, land-based missiles, and strategic bombers. 
SEC. 1055. COMPTROLLER GENERAL STUDY ON COMMON 
ALIGNMENT OF WORLD REGIONS IN DEPART-
MENTS 
AND 
AGENCIES 
WITH 
INTER-
NATIONAL RESPONSIBILITIES. 
(a) STUDY REQUIRED.—The Comptroller General of 
the United States shall conduct a study to assess the need 
for and implications of a common alignment of world re-
gions in the internal organization of departments and 
agencies of the Federal Government with international re-
sponsibilities. 
(b) DEPARTMENTS AND AGENCIES.—The following 
departments and agencies, at a minimum, shall be in-
cluded in the study: 
(1) The Department of State. 
(2) The Department of the Treasury. 
(3) The Department of Defense. 
(4) The Department of Justice. 
(5) The Department of Commerce.
561 
(6) The Department of Homeland Security. 
(7) The United States Agency for International 
Development. 
(8) The agencies comprising the intelligence 
community. 
(9) Such other departments, agencies, and Fed-
eral organizations with significant international re-
sponsibilities as the Comptroller General considers 
appropriate. 
(c) COOPERATION AND ACCESS.—The heads of the 
departments and agencies included in the study shall pro-
vide full cooperation with, and access to appropriate infor-
mation on organizational structures to, the Comptroller 
General for the purposes of conducting the study. 
(d) MATTERS COVERED.—The study required under 
subsection (a) shall, at a minimum, assess— 
(1) problems and inefficiencies resulting from 
lack of a common alignment, including impediments 
to interagency collaboration; 
(2) obstacles to implementing a common align-
ment; 
(3) advantages and disadvantages of a common 
alignment; and 
(4) measures taken to address challenges asso-
ciated with the lack of a common alignment.
562 
(e) REPORT.—The Comptroller General shall submit 
to Congress a report on the study required under sub-
section (a) not later than 180 days after the date of the 
enactment of this Act. 
SEC. 1056. REQUIRED REPORTS CONCERNING BOMBER 
MODERNIZATION, SUSTAINMENT, AND RE-
CAPITALIZATION EFFORTS IN SUPPORT OF 
THE NATIONAL DEFENSE STRATEGY. 
(a) AIR FORCE REPORT.— 
(1) REPORT REQUIRED.—Not later than 360 
days after the date of the enactment of this Act, the 
Secretary of the Air Force shall submit to the con-
gressional defense committees a report that in-
cludes— 
(A) a discussion of the cost, schedule, and 
performance of all planned efforts to modernize 
and keep viable the existing B–1, B–2, and B– 
52 bomber fleets and a discussion of the fore-
casted service-life and all sustainment chal-
lenges that the Secretary of the Air Force may 
confront in keeping those platforms viable until 
the anticipated retirement of such aircraft; 
(B) a discussion, presented in a compari-
son and contrast type format, of the scope of 
the 2007 Next-Generation Long Range Strike
563 
Analysis of Alternatives guidance and subse-
quent Analysis of Alternatives report tasked by 
the Under Secretary of Defense for Acquisition, 
Technology, and Logistics in the September 11, 
2006, Acquisition Decision Memorandum, as 
compared to the scope and directed guidance of 
the year 2010 Long Range Strike Study effort 
currently being conducted by the Under Sec-
retary of Defense for Policy and the Office of 
the Secretary of Defense’s Cost Assessment and 
Program Evaluation Office; and 
(C) a discussion of the preliminary costs, 
any development, testing, fielding and oper-
ational employment challenges, capability gaps, 
limitations, and shortfalls of the Secretary of 
Defense’s plan to field a long-range, pene-
trating, survivable, persistent and enduring 
‘‘family of systems’’ as compared to the prelimi-
nary costs, any development, testing, fielding, 
and operational employment of a singular plat-
form that encompasses all the required afore-
mentioned characteristics. 
(2) PREPARATION
OF
REPORT.—The report 
under paragraph (1) shall be prepared by a federally 
funded research and development center selected by
564 
the Secretary of the Air Force and submitted to the 
Secretary for submittal by the Secretary in accord-
ance with that paragraph. 
(b) COST ANALYSIS AND PROGRAM EVALUATION RE-
PORT.—Not later than 180 days after the date of the en-
actment of this Act, the Director of the Cost Analysis and 
Program Evaluation of the Office of the Secretary of De-
fense shall submit to the congressional defense committees 
a report that includes— 
(1) the assumptions and estimated life-cycle 
costs of the Department’s long-range, penetrating, 
survivable, persistent, and enduring ‘‘family of sys-
tems’’ platforms; and 
(2) the assumptions and estimated life-cycle 
costs of the Next Generation Platform program, as 
planned, prior to the cancellation of the program on 
April 6, 2009. 
SEC. 1057. COMPTROLLER GENERAL STUDY AND REC-
OMMENDATIONS REGARDING SECURITY OF 
SOUTHERN LAND BORDER OF THE UNITED 
STATES. 
(a) STUDY AND REPORT REQUIRED.—The Comp-
troller General of the United States shall conduct a study 
of the security of the southern land border of the United 
States and ongoing United States Government efforts to
565 
improve such security. Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report con-
taining the findings of the study and such recommenda-
tions based on such findings as the Comptroller General 
considers to be appropriate. 
(b) ISSUES ADDRESSED.—The study and report re-
quired by subsection (a) shall address, at a minimum, the 
following issues: 
(1) The extent to which the United States has 
or has not achieved and maintained operational con-
trol over the southern land border of the United 
States, as defined in section 2(b) of the Secure 
Fence Act of 2006 (Public Law 109–367; 8 U.S.C. 
1701 note). 
(2) The extent to which any lack of operational 
control over the southern land border of the United 
States has resulted in the operation of illicit net-
works trafficking in people, drugs, illegal weapons 
and money, violence associated with such illegal ac-
tivities, and other impacts adverse to the interests of 
the United States. 
(3) The costs and benefits of steps, including 
but not limited to the steps identified in subsection
566 
(c), that could be taken by elements of the United 
States Government to achieve operational control 
over the southern land border of the United States. 
(4) The costs and benefits of an increased role 
for the Department of Defense in taking any such 
steps. 
(5) The adequacy of current information shar-
ing agreements and other related agreements be-
tween Federal, State, local, and tribal law enforce-
ment authorities with regard to the security of the 
southern land border of the United States. 
(6) The impact of any increased deployment of 
unmanned aerial systems or unmanned aircraft on 
the use and availability of the National Airspace in 
the area of the southern land border of the United 
States. 
(c) SPECIFIC STEPS TO BE CONSIDERED.—The steps 
to be considered by the Comptroller General pursuant to 
paragraphs (3) and (4) of subsection (b) shall include the 
following: 
(1) The deployment of additional units or mem-
bers of the National Guard or other Department of 
Defense personnel to the southern land border of the 
United States.
567 
(2) The commitment of additional border patrol 
agents or other civilian law enforcement personnel to 
the southern land border of the United States. 
(3) The construction of additional fencing, in-
cluding double-layer and triple-layer fencing. 
(4) The increased use of ground-based mobile 
surveillance systems by military or civilian personnel. 
(5) The deployment of additional unmanned 
aerial systems and manned aircraft to provide sur-
veillance of the southern land border of the United 
States. 
(6) The deployment and provision of capability 
for radio communications interoperability between 
U.S. Customs and Border Protection and State, 
local, and tribal law enforcement agencies. 
(7) The construction of checkpoints along the 
southern land border of the United States. 
(8) The use of additional mobile patrols by mili-
tary or civilian personnel, particularly in rural, high- 
trafficked areas, as designated by the Commissioner 
of Customs and Border Protection.
568 
Subtitle G—Miscellaneous 
Authorities and Limitations 
SEC. 1061. PUBLIC AVAILABILITY OF DEPARTMENT OF DE-
FENSE REPORTS REQUIRED BY LAW. 
(a) PUBLIC AVAILABILITY.— 
(1) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by inserting after section 
122 the following new section: 
‘‘§ 122a. Public availability of Department of Defense 
reports required by law 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
ensure that each report described in subsection (b) is 
made available to the public, upon request submitted on 
or after the date on which such report is submitted to Con-
gress, through the Office of the Assistant Secretary of De-
fense for Public Affairs. 
‘‘(b) COVERED REPORTS.—(1) Except as provided in 
paragraph (2), a report described in this subsection is any 
report that is required by law to be submitted to Congress 
by the Secretary of Defense, or by any element of the De-
partment of Defense. 
‘‘(2) A report otherwise described in paragraph (1) 
is not a report described in this subsection if the report 
contains— 
‘‘(A) classified information;
569 
‘‘(B) proprietary information; 
‘‘(C) information that is exempt from disclosure 
under section 552 of title 5 (commonly referred to 
as the ‘Freedom of Information Act’); or 
‘‘(D) any other type of information that the 
Secretary of Defense determines should not be made 
available to the public in the interest of national se-
curity.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 3 of such title is 
amended by inserting after the item relating to sec-
tion 122 the following new item: 
‘‘122a. Public availability of Department of Defense reports required by law.’’. 
(b) EFFECTIVE DATE.—Section 122a of title 10, 
United States Code (as added by subsection (a)), shall 
take effect 90 days after the date of the enactment of this 
Act, and shall apply with respect to reports that are re-
quired by law to be submitted to Congress on or after that 
date. 
SEC. 1062. PROHIBITION ON INFRINGING ON THE INDI-
VIDUAL RIGHT TO LAWFULLY ACQUIRE, POS-
SESS, OWN, CARRY, AND OTHERWISE USE PRI-
VATELY OWNED FIREARMS, AMMUNITION, 
AND OTHER WEAPONS. 
(a) IN GENERAL.—Except as provided in subsection 
(c), the Secretary of Defense shall not prohibit, issue any
570 
requirement relating to, or collect or record any informa-
tion relating to the otherwise lawful acquisition, posses-
sion, ownership, carrying, or other use of a privately 
owned firearm, privately owned ammunition, or another 
privately owned weapon by a member of the Armed Forces 
or civilian employee of the Department of Defense on 
property that is not— 
(1) a military installation; or 
(2) any other property that is owned or oper-
ated by the Department of Defense. 
(b) EXISTING REGULATIONS AND RECORDS.— 
(1) REGULATIONS.—Any regulation promul-
gated before the date of enactment of this Act shall 
have no force or effect to the extent that it requires 
conduct prohibited by this section. 
(2) RECORDS.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of 
Defense shall destroy any record containing informa-
tion described in subsection (a) that was collected 
before the date of enactment of this Act. 
(c) RULE OF CONSTRUCTION.—Subsection (a) shall 
not be construed to limit the authority of the Secretary 
of Defense to— 
(1) create or maintain records relating to, or 
regulate the possession, carrying, or other use of a
571 
firearm, ammunition, or other weapon by a member 
of the Armed Forces or civilian employee of the De-
partment of Defense while— 
(A) engaged in official duties on behalf of 
the Department of Defense; or 
(B) wearing the uniform of an Armed 
Force; or 
(2) create or maintain records relating to an in-
vestigation, prosecution, or adjudication of an al-
leged violation of law (including regulations not pro-
hibited under subsection (a)), including matters re-
lated to whether a member of the Armed Forces 
constitutes a threat to the member or others. 
(d) REVIEW.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Defense shall— 
(1) conduct a comprehensive review of the pri-
vately owned weapons policy of the Department of 
Defense, including legal and policy issues regarding 
the regulation of privately owned firearms off of a 
military installation, as recommended by the Depart-
ment of Defense Independent Review Related to 
Fort Hood; and 
(2) submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services 
of the House of Representatives a report regarding
572 
the findings of and recommendations relating to the 
review conducted under paragraph (1), including any 
recommendations for adjustments to the require-
ments under this section. 
(e) MILITARY INSTALLATION DEFINED.—In this sec-
tion, the term ‘‘military installation’’ has the meaning 
given that term under section 2687(e)(1) of title 10, 
United States Code. 
SEC. 1063. DEVELOPMENT OF CRITERIA AND METHOD-
OLOGY FOR DETERMINING THE SAFETY AND 
SECURITY OF NUCLEAR WEAPONS. 
(a) IN GENERAL.—The Secretary of Energy and the 
Secretary of Defense shall, acting through the Nuclear 
Weapons Council, develop the following: 
(1) Criteria for determining the appropriate 
baseline for safety and security of nuclear weapons 
through the life cycle of such weapons. 
(2) A methodology for determining the level of 
safety and security that may be achieved through a 
life extension program for each type of nuclear 
weapon. 
(b) REPORT REQUIRED.—Not later than March 1, 
2012, the Secretary of Energy and the Secretary of De-
fense shall jointly submit to the congressional defense
573 
committees a report containing the criteria and the meth-
odology developed pursuant to subsection (a). 
Subtitle H—Other Matters 
SEC. 1071. NATIONAL DEFENSE PANEL. 
Subsection (f) of section 118 of title 10, United 
States Code, is amended to read as follows: 
‘‘(f) NATIONAL DEFENSE PANEL.— 
‘‘(1) ESTABLISHMENT.—Not later than Feb-
ruary 1 of a year in which a quadrennial defense re-
view is conducted under this section, there shall be 
established an independent panel to be known as the 
National Defense Panel (in this subsection referred 
to as the ‘Panel’). The Panel shall have the duties 
set forth in this subsection. 
‘‘(2) MEMBERSHIP.—The Panel shall be com-
posed of ten members from private civilian life who 
are recognized experts in matters relating to the na-
tional security of the United States. Eight of the 
members shall be appointed as follows: 
‘‘(A) Two by the chairman of the Com-
mittee on Armed Services of the House of Rep-
resentatives. 
‘‘(B) Two by the chairman of the Com-
mittee on Armed Services of the Senate.
574 
‘‘(C) Two by the ranking member of the 
Committee on Armed Services of the House of 
Representatives. 
‘‘(D) Two by the ranking member of the 
Committee on Armed Services of the Senate. 
‘‘(3) CO-CHAIRS OF THE PANEL.—In addition 
to the members appointed under paragraph (2), the 
Secretary of Defense shall appoint two members 
from private civilian life to serve as co-chairs of the 
panel. 
‘‘(4) PERIOD OF APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Panel. 
Any vacancy in the Panel shall be filled in the same 
manner as the original appointment. 
‘‘(5) DUTIES.—The Panel shall have the fol-
lowing duties with respect to a quadrennial defense 
review: 
‘‘(A) While the review is being conducted, 
the Panel shall review the updates from the 
Secretary of Defense required under paragraph 
(8) on the conduct of the review. 
‘‘(B) The Panel shall— 
‘‘(i) review the Secretary of Defense’s 
terms of reference and any other materials 
providing the basis for, or substantial in-
575 
puts to, the work of the Department of 
Defense on the quadrennial defense review; 
‘‘(ii) conduct an assessment of the as-
sumptions, strategy, findings, and risks of 
the report on the quadrennial defense re-
view required in subsection (d), with par-
ticular attention paid to the risks described 
in that report; 
‘‘(iii) conduct an independent assess-
ment of a variety of possible force struc-
tures of the armed forces, including the 
force structure identified in the report on 
the quadrennial defense review required in 
subsection (d); 
‘‘(iv) review the resource requirements 
identified pursuant to subsection (b)(3) 
and, to the extent practicable, make a gen-
eral comparison to the resource require-
ments to support the forces contemplated 
under the force structures assessed under 
this subparagraph; and 
‘‘(v) provide to Congress and the Sec-
retary of Defense, through the report 
under paragraph (7), any recommenda-
576 
tions it considers appropriate for their con-
sideration. 
‘‘(6) FIRST MEETING.—If the Secretary of De-
fense has not made the Secretary’s appointments to 
the Panel under paragraph (3) by February 1 of a 
year in which a quadrennial defense review is con-
ducted under this section, the Panel shall convene 
for its first meeting with the remaining members. 
‘‘(7) REPORT.—Not later than 3 months after 
the date on which the report on a quadrennial de-
fense review is submitted under subsection (d) to the 
congressional committees named in that subsection, 
the Panel established under paragraph (1) shall sub-
mit to those committees an assessment of the quad-
rennial defense review, including a description of the 
items addressed under paragraph (5) with respect to 
that quadrennial defense review. 
‘‘(8) UPDATES
FROM
SECRETARY
OF
DE-
FENSE.—The Secretary of Defense shall ensure that 
periodically, but not less often than every 60 days, 
or at the request of the co-chairs, the Department 
of Defense briefs the Panel on the progress of the 
conduct of a quadrennial defense review under sub-
section (a). 
‘‘(9) ADMINISTRATIVE PROVISIONS.—
577 
‘‘(A) The Panel may request directly from 
the Department of Defense and any of its com-
ponents such information as the Panel con-
siders necessary to carry out its duties under 
this subsection. The head of the department or 
agency concerned shall cooperate with the Panel 
to ensure that information requested by the 
Panel under this paragraph is promptly pro-
vided to the maximum extent practical. 
‘‘(B) Upon the request of the co-chairs, the 
Secretary of Defense shall make available to the 
Panel the services of any federally funded re-
search and development center that is covered 
by a sponsoring agreement of the Department 
of Defense. 
‘‘(C) The Panel shall have the authorities 
provided in section 3161 of title 5 and shall be 
subject to the conditions set forth in such sec-
tion. 
‘‘(D) Funds for activities of the Panel shall 
be provided from amounts available to the De-
partment of Defense. 
‘‘(10) TERMINATION.—The Panel for a quad-
rennial defense review shall terminate 45 days after 
the date on which the Panel submits its final report
578 
on the quadrennial defense review under paragraph 
(7).’’. 
SEC. 1072. SALE OF SURPLUS MILITARY EQUIPMENT TO 
STATE AND LOCAL HOMELAND SECURITY 
AND EMERGENCY MANAGEMENT AGENCIES. 
(a) STATE AND LOCAL AGENCIES TO WHICH SALES 
MAY BE MADE.—Section 2576 of title 10, United States 
Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘State and local law en-
forcement and firefighting agencies’’ and insert-
ing ‘‘State and local law enforcement, fire-
fighting, homeland security, and emergency 
management agencies’’; and 
(B) by striking ‘‘in carrying out law en-
forcement and firefighting activities’’ and in-
serting ‘‘in carrying out law enforcement, fire-
fighting, homeland security, and emergency 
management activities’’; and 
(2) in subsection (b), by striking ‘‘State or local 
law enforcement or firefighting agency’’ both places 
it appears and inserting ‘‘State or local law enforce-
ment, firefighting, homeland security, or emergency 
management agency’’.
579 
(b) TYPES OF EQUIPMENT THAT MAY BE SOLD.— 
Subsection (a) of such section is further amended by strik-
ing ‘‘and protective body armor’’ and inserting ‘‘personal 
protective equipment, and other appropriate equipment’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 2576. Surplus military equipment: sale to State and 
local law enforcement, firefighting, home-
land security, and emergency manage-
ment agencies’’. 
(2) TABLE OF SECTIONS.—The item relating to 
section 2576 in the table of sections at the beginning 
of chapter 153 of such title is amended to read as 
follows: 
‘‘2576. Surplus military equipment: sale to State and local law enforcement, 
firefighting, homeland security, and emergency management 
agencies.’’. 
SEC. 1073. DEFENSE RESEARCH AND DEVELOPMENT RAPID 
INNOVATION PROGRAM. 
(a) PROGRAM ESTABLISHED.—The Secretary of De-
fense shall establish a competitive, merit-based program 
to accelerate the fielding of technologies developed pursu-
ant to phase II Small Business Innovation Research Pro-
gram projects, technologies developed by the defense lab-
oratories, and other innovative technologies (including 
dual use technologies). The purpose of this program is to
580 
stimulate innovative technologies and reduce acquisition or 
lifecycle costs, address technical risks, improve the timeli-
ness and thoroughness of test and evaluation outcomes, 
and rapidly insert such products directly in support of pri-
marily major defense acquisition programs, but also other 
defense acquisition programs that meet critical national 
security needs. 
(b) GUIDELINES.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall issue 
guidelines for the operation of the program. At a minimum 
such guidance shall provide for the following: 
(1) The issuance of an annual broad agency an-
nouncement or the use of any other competitive or 
merit-based processes by the Department of Defense 
and by each military department for candidate pro-
posals in direct support of primarily major defense 
acquisition programs, but also other defense acquisi-
tion programs as described in subsection (a). 
(2) The review of candidate proposals by the 
Department of Defense and by each military depart-
ment and the merit-based selection of the most 
promising 
cost-effective 
proposals 
for 
funding 
through contracts, cooperative agreements, and 
other transactions for the purposes of carrying out 
the program.
581 
(3) The total amount of funding provided to 
any project under the program shall not exceed 
$3,000,000, unless the Secretary, or the Secretary’s 
designee, approves a larger amount of funding for 
the project. Any such approval shall be made on a 
case-by-case basis and notice of any such approval 
shall be submitted to the congressional defense com-
mittees by not later than 30 days after such ap-
proval is made. 
(4) No project shall be funded under the pro-
gram for more than two years, unless the Secretary, 
or the Secretary’s designee, approves funding for 
any additional year. Any such approval shall be 
made on a case-by-case basis and notice of any such 
approval shall be submitted to the congressional de-
fense committees by not later than 30 days after 
such approval is made. 
(c) TREATMENT PURSUANT TO CERTAIN CONGRES-
SIONAL RULES.—Nothing in this section shall be inter-
preted to require or enable any official of the Department 
of Defense to provide funding under this section to any 
earmark as defined pursuant to House Rule XXI, clause 
9, or any congressionally directed spending item as defined 
pursuant to Senate Rule XLIV, paragraph 5.
582 
(d) FUNDING.—Subject to the availability of appro-
priations for such purpose, the amounts authorized to be 
appropriated for research, development, test, and evalua-
tion for each of fiscal years 2011 through 2015 may be 
used for any such fiscal year for the program established 
under subsection (a). 
(e) TRANSFER AUTHORITY.—The Secretary may 
transfer funds available for the program to the research, 
development, test, and evaluation accounts of a military 
department, defense agency, or the unified combatant 
command for special operations forces pursuant to a pro-
posal, or any part of a proposal, that the Secretary deter-
mines would directly support the purposes of the program. 
The transfer authority provided in this subsection is in 
addition to any other transfer authority available to the 
Department of Defense. 
(f) REPORT.—Not later than 60 days after the last 
day of a fiscal year during which the Secretary carries out 
a program under this section, the Secretary shall submit 
to the congressional defense committees a report that in-
cludes a list and description of each project funded under 
this section, including, for each such project, the amount 
of funding provided for the project, the defense acquisition 
program that the project supports, including the extent 
to which the project meets needs identified in its acquisi-
583 
tion plan, the anticipated timeline for transition for the 
project, and the degree to which a competitive, merit- 
based process was used to evaluate and select the per-
formers of the projects selected under this program. 
(g) TERMINATION.—The authority to carry out a 
program under this section shall terminate on September 
30, 2015. Any amounts made available for the program 
that remain available for obligation on the date the pro-
gram terminates may be transferred under subsection (e) 
during the 180-day period beginning on the date of the 
termination of the program. 
SEC. 1074. AUTHORITY TO MAKE EXCESS NONLETHAL SUP-
PLIES AVAILABLE FOR DOMESTIC EMER-
GENCY ASSISTANCE. 
(a) DOMESTIC AUTHORITY.—Section 2557 of title 
10, United States Code, is amended— 
(1) in subsection (a)(1), by adding at the end 
the following new sentence: ‘‘In addition, the Sec-
retary may make nonlethal excess supplies of the 
Department available to support domestic emergency 
assistance activities.’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘(1)’’ before ‘‘Excess’’; 
and
584 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) Excess supplies made available under this sec-
tion to support domestic emergency assistance activities 
shall be transferred to the Secretary of Homeland Secu-
rity. The Secretary of Defense may provide assistance in 
the distribution of such supplies at the request of the Sec-
retary of Homeland Security.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 2557. Excess nonlethal supplies: availability for hu-
manitarian relief, domestic emergency 
assistance, and homeless veterans assist-
ance’’. 
(2) TABLE OF SECTIONS.—The item relating to 
such section in the table of sections at the beginning 
of chapter 152 of such title is amended to read as 
follows: 
‘‘2557. Excess nonlethal supplies: availability for humanitarian relief, domestic 
emergency assistance, and homeless veterans assistance.’’. 
SEC. 1075. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 5, UNITED STATES CODE.—Title 5, 
United States Code, is amended as follows: 
(1) Section 8344(l)(2)(B), as added by section 
1122(a) of the National Defense Authorization Act