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•HR 5136 EH1S 
Navy, and the Algiers Development District dated 
September 30, 2008. 
SEC. 2845. LAND CONVEYANCE, FORMER NAVY EXTREMELY 
LOW 
FREQUENCY 
COMMUNICATIONS 
PROJECT SITE, REPUBLIC, MICHIGAN. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Navy may convey, without consideration, to Humboldt 
Township in Marquette County, Michigan, all right, title, 
and interest of the United States in and to a parcel of 
real property, including any improvements thereon, in Re-
public, Michigan, consisting of approximately seven acres 
and formerly used as an Extremely Low Frequency com-
munications project site, for the purpose of permitting the 
Township to use the property for local public activities. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. 
(c) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States.
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•HR 5136 EH1S 
SEC. 2846. LAND CONVEYANCE, MARINE FORCES RESERVE 
CENTER, WILMINGTON, NORTH CAROLINA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Navy may convey to the North Carolina State Port 
Authority of Wilmington, North Carolina (in this section 
referred to as the ‘‘Port Authority’’), all right, title, and 
interest of the United States in and to a parcel of real 
property, including any improvements thereon, consisting 
of approximately 3.03 acres and known as the Marine 
Forces Reserve Center in Wilmington, North Carolina, for 
the purpose of permitting the Port Authority to use the 
parcel for development of a port facility and for other pub-
lic purposes. 
(b) INCLUSION OF PERSONAL PROPERTY.—The Sec-
retary of the Navy may include as part of the conveyance 
under subsection (a) personal property of the Navy at the 
Marine Forces Reserve Center that the Secretary of 
Transportation recommends is appropriate for the devel-
opment or operation of the port facility and the Secretary 
of the Navy agrees is excess to the needs of the Navy. 
(c) INTERIM LEASE.—Until such time as the real 
property described in subsection (a) is conveyed by deed, 
the Secretary of the Navy may lease the property to the 
Port Authority. 
(d) CONSIDERATION.—
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•HR 5136 EH1S 
(1) CONVEYANCE.—The conveyance under sub-
section (a) shall be made without consideration as a 
public benefit conveyance for port development if the 
Secretary of the Navy determines that the Port Au-
thority satisfies the criteria specified in section 554 
of title 40, United States Code, and regulations pre-
scribed to implement such section. If the Secretary 
determines that the Port Authority fails to qualify 
for a public benefit conveyance, but still desires to 
acquire the property, the Port Authority shall pay to 
the United States an amount equal to the fair mar-
ket value of the property to be conveyed. The fair 
market value of the property shall be determined by 
the Secretary. 
(2) LEASE.—The Secretary of the Navy may 
accept as consideration for a lease of the property 
under subsection (c) an amount that is less than fair 
market value if the Secretary determines that the 
public interest will be served as a result of the lease. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary of the Navy and the Port Authority. The 
cost of such survey shall be borne by the Port Authority.
905 
•HR 5136 EH1S 
(f) ADDITIONAL TERMS.—The Secretary of the Navy 
may require such additional terms and conditions in con-
nection with the conveyance as the Secretary considers ap-
propriate to protect the interests of the United States. 
Subtitle F—Other Matters 
SEC. 
2851. 
REQUIREMENTS 
RELATED 
TO 
PROVIDING 
WORLD CLASS MILITARY MEDICAL FACILI-
TIES. 
(a) UNIFIED CONSTRUCTION STANDARD FOR MILI-
TARY CONSTRUCTION AND REPAIRS TO MILITARY MED-
ICAL FACILITIES.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall establish a unified construction standard for military 
construction and repairs for military medical facilities that 
provides a single standard of care. This standard shall also 
include a size standard for operating rooms and patient 
recovery rooms. 
(b) INDEPENDENT REVIEW PANEL.— 
(1) ESTABLISHMENT; 
PURPOSE.—The Sec-
retary of Defense shall establish an independent ad-
visory panel for the purpose of— 
(A) advising the Secretary regarding 
whether the Comprehensive Master Plan for the 
National Capital Region Medical, dated April 
2010, is adequate to fulfill statutory require-
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•HR 5136 EH1S 
ments, as required by section 2714 of the Mili-
tary Construction Authorization Act for Fiscal 
Year 2010 (division B of Public Law 111–84; 
123 Stat. 2656), to ensure that the facilities 
and organizational structure described in the 
plan result in world class military medical facili-
ties in the National Capital Region; 
(B) monitoring the implementation and 
any subsequent modification of the master plan 
referred to in subparagraph (A); and 
(C) making recommendations regarding 
any adjustments of the master plan referred to 
in subparagraph (A) needed to ensure the pro-
vision of world class military medical facilities 
and delivery system in the National Capital Re-
gion. 
(2) MEMBERS.— 
(A) APPOINTMENTS BY SECRETARY.—The 
panel shall be composed of such members as de-
termined by the Secretary of Defense, except 
that the Secretary shall include as members— 
(i) medical facility design experts; 
(ii) military healthcare professionals; 
(iii) representatives of premier health 
care facilities in the United States; and
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•HR 5136 EH1S 
(iv) former retired senior military offi-
cers with joint operational and budgetary 
experience. 
(B) CONGRESSIONAL
APPOINTMENTS.— 
The chairmen and ranking members of the 
Committees on the Armed Services of the Sen-
ate and House of Representatives may each 
designate one member of the panel. 
(C) TERM.—Members of the panel may 
serve on the panel until the termination date 
specified in paragraph (7). 
(D) COMPENSATION.—While performing 
duties on behalf of the panel, a member and 
any adviser referred to in paragraph (4) shall 
be reimbursed under Government travel regula-
tions for necessary travel expenses. 
(3) MEETINGS.—The panel shall meet not less 
than quarterly. The panel or its members may make 
other visits to military treatment facilities and mili-
tary headquarters in connection with the duties of 
the panel. 
(4) STAFF AND ADVISORS.—The Secretary of 
Defense shall provide necessary administrative staff 
support to the panel. The panel may call in advisers 
for consultation.
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•HR 5136 EH1S 
(5) REPORTS.— 
(A) INITIAL REPORT.—Not later than 120 
days after the first meeting of the panel, the 
panel shall submit to the Secretary of Defense 
a written report containing an assessment of 
the adequacy of the master plan referred to in 
paragraph (1)(A) and the recommendations of 
the panel to improve the plan. 
(B) ADDITIONAL
REPORTS.—Not later 
than February 28, 2011, and February 29, 
2012, the panel shall submit to the Secretary of 
Defense a report on the findings and rec-
ommendations of the panel to address any defi-
ciencies identified by the panel. 
(6) ASSESSMENT OF RECOMMENDATIONS.—Not 
later than 30 days after the date of the submission 
of each report under paragraph (5), the Secretary of 
Defense shall submit to the congressional defense 
committees a report including— 
(A) an assessment by the Secretary of the 
findings and recommendations of the panel; and 
(B) the plans of the Secretary for address-
ing such findings and recommendations. 
(7) TERMINATION.—The panel shall terminate 
on September 30, 2015.
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•HR 5136 EH1S 
(c) DEFINITIONS.—In this section: 
(1) NATIONAL
CAPITAL
REGION.—The term 
‘‘National Capital Region’’ has the meaning given 
the term in section 2674(f) of title 10, United States 
Code. 
(2) WORLD CLASS MILITARY MEDICAL FACIL-
ITY.—The term ‘‘world class military medical facil-
ity’’ has the meaning given the term by the National 
Capital Region Base Realignment and Closure 
Health Systems Advisory Subcommittee of the De-
fense Health Board in appendix B of the report ti-
tled ‘‘Achieving World Class—An Independent Re-
view of the Design Plans for the Walter Reed Na-
tional Military Medical Center and the Fort Belvoir 
Community Hospital’’ and published in May 2009, 
as required by section 2721 of the Military Con-
struction Authorization Act for Fiscal Year 2009 
(division B of Public Law 110–417; 122 Stat. 
4716). 
SEC. 2852. NAMING OF ARMED FORCES RESERVE CENTER, 
MIDDLETOWN, CONNECTICUT. 
The newly constructed Armed Forces Reserve Center 
in Middletown, Connecticut, shall be known and des-
ignated as the ‘‘Major General Maurice Rose Armed 
Forces Reserve Center’’. Any reference in a law, map, reg-
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•HR 5136 EH1S 
ulation, document, paper, or other record of the United 
States to such Armed Forces Reserve Center shall be 
deemed to be a reference to the Major General Maurice 
Rose Armed Forces Reserve Center. 
TITLE XXIX—OVERSEAS CONTIN-
GENCY 
OPERATIONS 
MILI-
TARY CONSTRUCTION 
Subtitle A—Fiscal Year 2010 
Projects 
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS AND AUTHORIZA-
TION OF APPROPRIATIONS. 
(a) OUTSIDE THE UNITED STATES.—The Secretary 
of the Army may acquire real property and carry out mili-
tary construction projects for various locations outside the 
United States, and subject to the purpose, total amount 
authorized, and authorization of appropriations specified 
for the projects, set forth in the following table: 
Army: Military Construction Outside the United States 
(Amounts Are Specified In Thousands of Dollars) 
Overseas 
Location 
Installation or Location 
Purpose of Project 
Project 
Amount 
Authorization of 
Appropriations 
AF 
Various Locations .............
Operational Facilities .................................
80,100 
80,100 
AF 
Various Locations .............
Supporting Activities ..................................
62,900 
62,900 
AF 
Various Locations .............
Utility Facilities .........................................
52,600 
52,600 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) OUTSIDE THE UNITED STATES.—For mili-
tary construction projects outside the United States 
authorized by subsection (a), funds are hereby au-
911 
•HR 5136 EH1S 
thorized to be appropriated for fiscal years begin-
ning after September 30, 2009, in the total amount 
of $195,600,000. 
(2) UNSPECIFIED MINOR MILITARY CONSTRUC-
TION
PROJECTS.—For unspecified minor military 
construction projects authorized by section 2805 of 
title 10, United States Code, funds are hereby au-
thorized to be appropriated for fiscal years begin-
ning after September 30, 2009, in the total amount 
of $40,000,000. 
(3) ARCHITECTURAL AND ENGINEERING SERV-
ICES
AND
CONSTRUCTION
DESIGN.—For architec-
tural and engineering services and construction de-
sign under section 2807 of title 10, United States 
Code, funds are hereby authorized to be appro-
priated for fiscal years beginning after September 
30, 2009, in the total amount of $6,696,000. 
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS AND AUTHOR-
IZATION OF APPROPRIATIONS. 
(a) OUTSIDE THE UNITED STATES.—The Secretary 
of the Air Force may acquire real property and carry out 
military construction projects for various locations outside 
the United States, and subject to the purpose, total
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•HR 5136 EH1S 
amount authorized, and authorization of appropriations 
specified for the projects, set forth in the following table: 
Air Force: Military Construction Outside the United States 
(Amounts Are Specified In Thousands of Dollars) 
Overseas 
Location 
Installation or Location 
Purpose of Project 
Project 
Amount 
Authorization of 
Appropriations 
AF 
Various Locations .............
Operational Facilities .................................
220,500 
220,500 
AF 
Various Locations .............
Supply Facilities .........................................
24,550 
24,550 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) OUTSIDE THE UNITED STATES.—For mili-
tary construction projects outside the United States 
authorized by subsection (a), funds are hereby au-
thorized to be appropriated for fiscal years begin-
ning after September 30, 2009, in the total amount 
of $245,050,000. 
(2) UNSPECIFIED MINOR MILITARY CONSTRUC-
TION
PROJECTS.—For unspecified minor military 
construction projects authorized by section 2805 of 
title 10, United States Code, funds are hereby au-
thorized to be appropriated for fiscal years begin-
ning after September 30, 2009, in the total amount 
of $15,000,000. 
(3) ARCHITECTURAL AND ENGINEERING SERV-
ICES
AND
CONSTRUCTION
DESIGN.—For architec-
tural and engineering services and construction de-
sign under section 2807 of title 10, United States 
Code, funds are hereby authorized to be appro-
priated for fiscal years beginning after September 
30, 2009, in the total amount of $19,040,000.
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•HR 5136 EH1S 
Subtitle B—Fiscal Year 2011 
Projects 
SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS AND AUTHORIZA-
TION OF APPROPRIATIONS. 
(a) OUTSIDE THE UNITED STATES.—The Secretary 
of the Army may acquire real property and carry out mili-
tary construction projects for various locations outside the 
United States, and subject to the purpose, total amount 
authorized, and authorization of appropriations specified 
for the projects, set forth in the following table: 
Army: Military Construction Outside the United States 
(Amounts Are Specified In Thousands of Dollars) 
Overseas 
Location 
Installation or Location 
Purpose of Project 
Project 
Amount 
Authorization of 
Appropriations 
AF 
Various Locations .............
Air Pollution Abatement ............................
16,000 
16,000 
AF 
Various Locations .............
Community Facilities .................................
21,450 
21,450 
AF 
Various Locations .............
Hospital and Medical Facilities .................
50,800 
50,800 
AF 
Various Locations .............
Operational Facilities .................................
69,600 
69,600 
AF 
Various Locations .............
Supply Facilities .........................................
30,700 
30,700 
AF 
Various Locations .............
Supporting Activities ..................................
199,800 
199,800 
AF 
Various Locations .............
Troop Housing Facilities ...........................
283,000 
283,000 
AF 
Various Locations .............
Utility Facilities .........................................
90,600 
90,600 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) OUTSIDE THE UNITED STATES.—For mili-
tary construction projects outside the United States 
authorized by subsection (a), funds are hereby au-
thorized to be appropriated for fiscal years begin-
ning after September 30, 2010, in the total amount 
of $761,950,000. 
(2) UNSPECIFIED MINOR MILITARY CONSTRUC-
TION
PROJECTS.—For unspecified minor military 
construction projects authorized by section 2805 of
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•HR 5136 EH1S 
title 10, United States Code, funds are hereby au-
thorized to be appropriated for fiscal years begin-
ning after September 30, 2010, in the total amount 
of $78,330,000. 
(3) ARCHITECTURAL AND ENGINEERING SERV-
ICES
AND
CONSTRUCTION
DESIGN.—For architec-
tural and engineering services and construction de-
sign under section 2807 of title 10, United States 
Code, funds are hereby authorized to be appro-
priated for fiscal years beginning after September 
30, 2010, in the total amount of $89,716,000. 
SEC. 2912. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS AND AUTHOR-
IZATION OF APPROPRIATIONS. 
(a) OUTSIDE THE UNITED STATES.—The Secretary 
of the Air Force may acquire real property and carry out 
military construction projects for various locations outside 
the United States, and subject to the purpose, total 
amount authorized, and authorization of appropriations 
specified for the projects, set forth in the following table: 
Air Force: Military Construction Outside the United States 
(Amounts Are Specified In Thousands of Dollars) 
Overseas 
Location 
Installation or Location 
Purpose of Project 
Project 
Amount 
Authorization of 
Appropriations 
AF 
Various Locations .............
Maintenance and Production Facilities .....
7,400 
7,400 
AF 
Various Locations .............
Operational Facilities .................................
203,000 
203,000 
AF 
Various Locations .............
Supply Facilities .........................................
7,100 
7,100 
(b) AUTHORIZATION OF APPROPRIATIONS.—
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•HR 5136 EH1S 
(1) OUTSIDE THE UNITED STATES.—For mili-
tary construction projects outside the United States 
authorized by subsection (a), funds are hereby au-
thorized to be appropriated for fiscal years begin-
ning after September 30, 2010, in the total amount 
of $217,500,000. 
(2) UNSPECIFIED MINOR MILITARY CONSTRUC-
TION
PROJECTS.—For unspecified minor military 
construction projects authorized by section 2805 of 
title 10, United States Code, funds are hereby au-
thorized to be appropriated for fiscal years begin-
ning after September 30, 2010, in the total amount 
of $49,584,000. 
(3) ARCHITECTURAL AND ENGINEERING SERV-
ICES
AND
CONSTRUCTION
DESIGN.—For architec-
tural and engineering services and construction de-
sign under section 2807 of title 10, United States 
Code, funds are hereby authorized to be appro-
priated for fiscal years beginning after September 
30, 2010, in the total amount of $13,422,000. 
SEC. 2913. AUTHORIZED DEFENSE WIDE CONSTRUCTION 
AND LAND ACQUISITION PROJECTS AND AU-
THORIZATION OF APPROPRIATIONS. 
(a) OUTSIDE THE UNITED STATES.—The Secretary 
of Defense may acquire real property and carry out mili-
916 
•HR 5136 EH1S 
tary construction projects for the Defense Agencies for a 
classified project at a classified location outside the United 
States, and subject to the total amount authorized and 
authorization of appropriations specified for the project, 
set forth in the following table: 
Defense Wide: Military Construction Outside the United States 
(Amounts Are Specified In Thousands of Dollars) 
Overseas 
Location 
Installation or Location 
Purpose of Project 
Project 
Amount 
Authorization of 
Appropriations 
XC 
Classified Location ...........
Classified Project .......................................
41,900 
41,900 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) OUTSIDE THE UNITED STATES.—For mili-
tary construction projects outside the United States 
authorized by subsection (a), funds are hereby au-
thorized to be appropriated for fiscal years begin-
ning after September 30, 2010, in the total amount 
of $41,900,000. 
(2) ARCHITECTURAL AND ENGINEERING SERV-
ICES
AND
CONSTRUCTION
DESIGN.—For architec-
tural and engineering services and construction de-
sign authorized by section 2807 of title 10, United 
States Code, funds are hereby authorized to be ap-
propriated for fiscal years beginning after September 
30, 2010, in the total amount of $4,600,000.
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•HR 5136 EH1S 
SEC. 2914. CONSTRUCTION AUTHORIZATION FOR DEPART-
MENT OF DEFENSE FACILITIES IN A FOREIGN 
COUNTRY. 
Of the amounts authorized to be appropriated by this 
subtitle, the Secretary of Defense may use not more than 
$46,500,000 to plan, design, and construct facilities in a 
foreign country for the Department of Defense. 
Subtitle C—Other Matters 
SEC. 2921. NOTIFICATION OF OBLIGATION OF FUNDS AND 
QUARTERLY REPORTS. 
(a) NOTIFICATION OF OBLIGATION OF FUNDS.— 
(1) NOTICE AND WAIT REQUIREMENT.—Before 
using appropriated funds to carry out a construction 
project outside the United States that is authorized 
by section 2901, 2902, 2911, or 2912 and has an 
estimated cost in excess of the amounts authorized 
for unspecified minor military construction projects 
under section 2805(c) of title 10, United States 
Code, the Secretary of Defense shall submit to the 
congressional defense committees a notice regarding 
the construction project. The project may be carried 
out only after the end of the 10-day period begin-
ning on the date the notice is received by the com-
mittees or, if earlier, the end of the 7-day period be-
ginning on the date on which a copy of the notifica-
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•HR 5136 EH1S 
tion is provided in an electronic medium pursuant to 
section 480 of title 10, United States Code. 
(2) CONTENTS OF NOTICE.—The notice for a 
construction project covered by subsection (a) shall 
include the following: 
(A) Certification that the construction— 
(i) is necessary to meet urgent mili-
tary operational requirements of a tem-
porary nature involving the use of the 
Armed Forces; 
(ii) is carried out in support of a non- 
enduring mission; and 
(iii) is the minimum construction nec-
essary to meet temporary operational re-
quirements. 
(B) A description of the purpose for which 
appropriated funds are being obligated. 
(C) All relevant documentation detailing 
the construction project. 
(D) An estimate of the total amount obli-
gated for the construction. 
(b) QUARTERLY REPORTS.— 
(1) REPORT
REQUIRED.—Not later than 45 
days after the end of each fiscal-year quarter during 
which appropriated funds are obligated or expended
919 
•HR 5136 EH1S 
to carry out construction projects outside the United 
States that are authorized by section 2901, 2902, 
2911, or 2912, the Secretary of Defense shall sub-
mit to the congressional defense committees a report 
on the worldwide obligation and expenditure during 
that quarter of appropriated funds for such con-
struction projects. 
(2) PROJECT AUTHORITY CONTINGENT ON SUB-
MISSION OF REPORTS.—The ability to use section 
2901, 2902, 2911, or 2912 as authority during a 
fiscal year to obligate appropriated funds available 
to carry out construction projects outside the United 
States shall commence for that fiscal year only after 
the date on which the Secretary of Defense submits 
to the congressional defense committees all of the 
quarterly reports (if any) that were required under 
paragraph (1) for the preceding fiscal year. 
(c) LIMITATION ON TRANSFER AUTHORITY.—If the 
Secretary of the Army or the Secretary of the Air Force 
determines that amounts appropriated pursuant to the au-
thorization of appropriation in section 2901, 2902, 2911, 
or 2912 are required for any construction project that will 
cause obligations to exceed any of the category amounts 
specified in this title or for a construction project that is 
not within the scope of the category, the Secretary shall
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•HR 5136 EH1S 
notify the congressional defense committees of this deter-
mination at least 14 days before obligating funds for the 
project. 
DIVISION C—DEPARTMENT OF 
ENERGY NATIONAL SECURITY 
AUTHORIZATIONS 
AND 
OTHER AUTHORIZATIONS 
TITLE 
XXXI—DEPARTMENT 
OF 
ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security 
Programs Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2011 for the activities of 
the National Nuclear Security Administration in carrying 
out programs necessary for national security in the 
amount of $11,214,755,000, to be allocated as follows: 
(1) For weapons activities, $7,008,835,000. 
(2) For defense nuclear nonproliferation activi-
ties, $2,687,167,000. 
(3) For naval reactors, $1,070,486,000.
921 
•HR 5136 EH1S 
(4) For the Office of the Administrator for Nu-
clear Security, $448,267,000. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
may carry out new plant projects for the National Nuclear 
Security Administration as follows: 
(1) Project 11–D–801, reinvestment project 
phase 2, Los Alamos National Laboratory, Los Ala-
mos, New Mexico, $23,300,000. 
(2) Project 11–D–601, sanitary effluent rec-
lamation facility expansion, Los Alamos National 
Laboratory, Los Alamos, New Mexico, $15,000,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2011 for defense 
environmental cleanup activities in carrying out programs 
necessary for national security in the amount of 
$5,588,039,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2011 for other 
defense activities in carrying out programs necessary for 
national security in the amount of $878,209,000.
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•HR 5136 EH1S 
SEC. 3104. ENERGY SECURITY AND ASSURANCE. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2011 for energy 
security and assurance programs necessary for national 
security in the amount of $6,188,000. 
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. EXTENSION OF AUTHORITY RELATING TO THE 
INTERNATIONAL MATERIALS PROTECTION, 
CONTROL, AND ACCOUNTING PROGRAM OF 
THE DEPARTMENT OF ENERGY. 
Section 3156(b)(1) of the Bob Stump National De-
fense Authorization Act for Fiscal Year 2003 (Public Law 
107–314; 116 Stat. 2739; 50 U.S.C. 2343(b)(1)) is 
amended by striking ‘‘January 1, 2013’’ and inserting 
‘‘January 1, 2018’’. 
SEC. 3112. ENERGY PARKS INITIATIVE. 
(a) IN GENERAL.—Subtitle B of title XLVIII of the 
Atomic Energy Defense Act (division D of Public Law 
107–314; 50 U.S.C. 2501 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 4815. ENERGY PARKS INITIATIVE. 
‘‘(a) IN GENERAL.—The Secretary of Energy may fa-
cilitate the development of energy parks described in sub-
section (b) on defense nuclear facility reuse property
923 
•HR 5136 EH1S 
through the use of collaborative partnerships with State 
and local governments, the private sector, and community 
reuse organizations approved by the Secretary. 
‘‘(b) ENERGY PARKS.—An energy park described in 
this subsection is a facility (or group of facilities) devel-
oped for the purpose of— 
‘‘(1) promoting energy security, environmental 
sustainability, economic competitiveness, and energy 
sector jobs; and 
‘‘(2) encouraging pilot programs, demonstration 
projects, or commercial projects, at or near such fa-
cility, with respect to energy generation, energy effi-
ciency, and advanced manufacturing technologies 
that will contribute to a stabilization of atmospheric 
greenhouse gas concentrations through the reduc-
tion, avoidance, or sequestration of energy-related 
emissions. 
‘‘(c) INFRASTRUCTURE.—In facilitating the develop-
ment of an energy park under this section, the Secretary 
shall— 
‘‘(1) use existing infrastructure, facilities, 
workforces, and other assets in the vicinity of the 
energy park; and
924 
•HR 5136 EH1S 
‘‘(2) ensure that such energy park does not 
interfere with the Secretary’s other responsibilities 
at any defense nuclear facility. 
‘‘(d) REPORT.—Not later than December 31, 2011, 
the Secretary shall submit to the Committee on Armed 
Services and the Committee on Energy and Commerce of 
the House of Representatives and the Committee on 
Armed Services and the Committee on Energy and Nat-
ural Resources of the Senate a report on steps taken to 
facilitate the development of energy parks under this sec-
tion. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘defense nuclear facility’ has the 
meaning given the term ‘Department of Energy de-
fense nuclear facility’ in section 318 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286g). 
‘‘(2) The term ‘defense nuclear facility reuse 
property’ means property that— 
‘‘(A) is located at a defense nuclear facil-
ity; and 
‘‘(B) the Secretary of Energy determines— 
‘‘(i) has been adequately remediated 
by the Secretary or was not in need of re-
mediation; and
925 
•HR 5136 EH1S 
‘‘(ii) is ready for use as an energy 
park.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 4001(b) of such Act (division D of Public Law 
107–314) is amended by inserting after the item relating 
to section 4814 the following new item: 
‘‘Sec. 4815. Energy parks initiative.’’. 
SEC. 3113. ESTABLISHMENT OF TECHNOLOGY TRANSFER 
CENTERS. 
(a) TECHNOLOGY TRANSFER CENTERS.— 
(1) IN GENERAL.—Section 4813 of the Atomic 
Energy Defense Act (division D of Public Law 107– 
314; 50 U.S.C. 2794) is amended— 
(A) by redesignating subsection (b) as sub-
section (c); and 
(B) by inserting after subsection (a) the 
following new subsection (b): 
‘‘(b) TECHNOLOGY TRANSFER CENTERS.—(1) Sub-
ject to the availability of appropriations provided for such 
purpose, the Administrator shall establish a technology 
transfer center described in paragraph (2) at each na-
tional security laboratory. 
‘‘(2) A technology transfer center described in this 
paragraph is a center to foster collaborative scientific re-
search, technology development, and the appropriate
926 
•HR 5136 EH1S 
transfer of research and technology to users in addition 
to the national security laboratories. 
‘‘(3) In establishing a technology transfer center 
under this subsection, the Administrator— 
‘‘(A) shall enter into cooperative research and 
development agreements with governmental, public, 
academic, or private entities; and 
‘‘(B) may enter into a contract with respect to 
constructing, purchasing, managing, or leasing 
buildings or other facilities.’’. 
(2) DEFINITION.—Subsection (c) of such sec-
tion, as redesignated by paragraph (1)(A), is amend-
ed by adding at the end the following new para-
graph: 
‘‘(5) The term ‘national security laboratory’ has 
the meaning given that term in section 3281 of the 
National Nuclear Security Administration Act (50 
U.S.C. 2471).’’. 
(3) SECTION HEADING.—The heading of such 
section is amended by inserting ‘‘AND
TECH-
NOLOGY TRANSFER CENTERS’’ after ‘‘PARTNER-
SHIPS’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 4001(b) of such Act (division D of Public Law
927 
•HR 5136 EH1S 
107–314) is amended by striking the item relating to sec-
tion 4813 and inserting the following new item: 
‘‘Sec. 4813. Critical technology partnerships and technology transfer centers.’’. 
SEC. 3114. AIRCRAFT PROCUREMENT. 
Of the amounts authorized to be appropriated under 
section 3101(a)(1) for fiscal year 2011 for weapons activi-
ties, the Secretary of Energy may procure not more than 
two aircraft. 
SEC. 3115. ENHANCING PRIVATE-SECTOR EMPLOYMENT 
THROUGH TECHNOLOGY TRANSFER ACTIVI-
TIES. 
(a) IN GENERAL.—The Administrator for Nuclear 
Security shall encourage technology transfer activities at 
the national security laboratories (as defined in section 
3281 of the National Nuclear Security Administration Act 
(50 U.S.C. 2471)) that lead to the creation of new private- 
sector employment opportunities. 
(b) REPORTS.—Not later than January 31 of each 
year, the Administrator shall submit to Congress a report 
detailing the number of new private-sector employment op-
portunities created as a result of the previous years’ tech-
nology transfer activities at each national security labora-
tory.
928 
•HR 5136 EH1S 
Subtitle C—Reports 
SEC. 3121. COMPTROLLER GENERAL REPORT ON NNSA BI-
ENNIAL COMPLEX MODERNIZATION STRAT-
EGY. 
Section 3255 of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2455) is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) GAO STUDY AND REPORTS.—(1) For each plan 
and assessment submitted under subsection (a), the 
Comptroller General of the United States shall conduct 
a study that includes the following: 
‘‘(A) An analysis of the plan under subsection 
(a)(1). 
‘‘(B) An analysis of the assessment under sub-
section (a)(2). 
‘‘(C) Whether both the budget for the fiscal 
year in which the plan and assessment are submitted 
and the future-years nuclear security program sub-
mitted to Congress in relation to such budget under 
section 3253 provide for funding of the nuclear secu-
rity complex at a level that is sufficient for the mod-
929 
•HR 5136 EH1S 
ernization and refurbishment of the nuclear security 
complex in accordance with the plan. 
‘‘(D) An analysis of any assessment submitted 
by the Administrator under subsection (c). 
‘‘(E) With respect to the facilities infrastruc-
ture recapitalization program— 
‘‘(i) whether such program achieved its 
mission of addressing deferred and backlogged 
maintenance; 
‘‘(ii) to what extent deferred and back-
logged maintenance remains unaddressed; 
‘‘(iii) whether the expiration of such pro-
gram’s authorities has weakened or strength-
ened plans under subsection (a); and 
‘‘(iv) whether the reauthorization of such 
program would further the goal of modernizing 
and refurbishing the nuclear security complex. 
‘‘(2) Not later than 180 days after the date on which 
the Administrator submits the plan and assessment under 
subsection (a), the Comptroller General shall submit to the 
congressional defense committees a report on the study 
under paragraph (1), including— 
‘‘(A) the findings of the study under paragraph 
(1);
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•HR 5136 EH1S 
‘‘(B) whether the plan and assessment sub-
mitted under subsection (a) support each element 
under subsection (b); and 
‘‘(C) the role of the United States Strategic 
Command in making an assessment under sub-
section (c). 
‘‘(3) Not later than 90 days after the date on which 
a budget is submitted to Congress during an even-num-
bered fiscal year, the Comptroller General shall submit to 
the congressional defense committees an update to the 
previous study under paragraph (1) taking into account 
the nuclear security budget materials included with such 
budget.’’. 
SEC. 3122. REPORT ON GRADED SECURITY PROTECTION 
POLICY. 
(a) REPORT.—Not later than February 1, 2011, the 
Secretary of Energy shall submit to the congressional de-
fense committees a report on the implementation of the 
graded security protection policy of the Department of En-
ergy. 
(b) MATTERS INCLUDED.—The report under sub-
section (a) shall include the following: 
(1) A comprehensive plan and schedule (includ-
ing any benchmarks, milestones, or other deadlines)
931 
•HR 5136 EH1S 
for implementing the graded security protection pol-
icy. 
(2) An explanation of the current status of the 
graded security protection policy for each site with 
respect to the comprehensive plan under paragraph 
(1). 
(3) An explanation of the Secretary’s objective 
end-state for implementation of the graded security 
protection policy (such end-state shall include sup-
porting justification and rationale to ensure that ro-
bust and adaptive security measures meet the grad-
ed security protection policy requirements). 
(4) Identification of each site that has received 
an exception or waiver to the graded security protec-
tion policy, including the justification for each such 
exception or waiver. 
(5) A schedule for ‘‘force-on-force’’ exercises 
that the Secretary considers necessary to maintain 
operational readiness. 
(6) A description of a program that will provide 
proper training and equipping of personnel to a cer-
tifiable standard. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex.
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•HR 5136 EH1S 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal 
year 2011, $28,640,000 for the operation of the Defense 
Nuclear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $23,614,000 for fis-
cal year 2011 for the purpose of carrying out activities 
under chapter 641 of title 10, United States Code, relating 
to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended.
933 
•HR 5136 EH1S 
TITLE XXXV—MARITIME 
ADMINISTRATION 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NA-
TIONAL SECURITY ASPECTS OF THE MER-
CHANT MARINE FOR FISCAL YEAR 2011. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011, to be available without fiscal year limita-
tion if so provided in appropriations Acts, for the use of 
the Department of Transportation for Maritime Adminis-
tration programs associated with maintaining national se-
curity aspects of the merchant marine, as follows: 
(1) For expenses necessary for operations of the 
United 
States 
Merchant 
Marine 
Academy, 
$100,020,000, of which— 
(A) $63,120,000 shall remain available 
until expended for Academy operations; 
(B) $6,000,000 shall remain available until 
expended for refunds to Academy midshipmen 
for improperly charged fees; and 
(C) $30,900,000 shall remain available 
until expended for capital improvements at the 
Academy. 
(2) For expenses necessary to support the State 
maritime academies, $15,007,000, of which—
934 
•HR 5136 EH1S 
(A) $2,000,000 shall remain available until 
expended for student incentive payments; 
(B) $2,000,000 shall remain available until 
expended for direct payments to such acad-
emies; and 
(C) $11,007,000 shall remain available 
until expended for maintenance and repair of 
State maritime academy training vessels. 
(3) For expenses necessary to dispose of vessels 
in the National Defense Reserve Fleet, $10,000,000. 
(4) For expenses to maintain and preserve a 
United States-flag merchant marine to serve the na-
tional security needs of the United States under 
chapter 531 of title 46, United States Code, 
$174,000,000. 
(5) For the cost (as defined in section 502(5) 
of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5)) of loan guarantees under the program au-
thorized by chapter 537 of title 46, United States 
Code, $60,000,000, of which $3,688,000 shall re-
main available until expended for administrative ex-
penses of the program.
935 
•HR 5136 EH1S 
SEC. 3502. EXTENSION OF MARITIME SECURITY FLEET PRO-
GRAM. 
Chapter 531 of title 46, United States Code, is 
amended— 
(1) in section 53104(a), by striking ‘‘2015’’ and 
inserting ‘‘2025’’; 
(2) in section 53106(a)(1)(C), by striking ‘‘for 
each fiscal years 2012, 2013, 2014, and 2015’’ and 
inserting ‘‘for each of fiscal years 2012 though 
2025’’; and 
(3) in section 53111(3), by striking ‘‘2015’’ and 
inserting ‘‘2025’’. 
SEC. 3503. UNITED STATES MERCHANT MARINE ACADEMY 
NOMINATIONS 
OF 
RESIDENTS 
OF 
THE 
NORTHERN MARIANA ISLANDS. 
Section 51302(b) of title 46, United States Code, is 
amended— 
(1) in paragraph (3), by inserting ‘‘the North-
ern Mariana Islands,’’ after ‘‘Guam,’’; and 
(2) by striking paragraph (5) and redesignating 
paragraph (6) as paragraph (5).
936 
•HR 5136 EH1S 
SEC. 3504. ADMINISTRATIVE EXPENSES FOR PORT OF 
GUAM 
IMPROVEMENT 
ENTERPRISE 
PRO-
GRAM. 
Section 3512(c)(4) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (48 
U.S.C. 1421r(c)(4)) is amended— 
(1) by inserting ‘‘, and of other amounts appro-
priated or otherwise made available to the Maritime 
Administration for the purposes of the Program for 
fiscal year 2011 or thereafter,’’ after ‘‘for a fiscal 
year’’; and 
(2) by inserting ‘‘under this section’’ before the 
period at the end. 
SEC. 3505. VESSEL LOAN GUARANTEES: PROCEDURES FOR 
TRADITIONAL AND NONTRADITIONAL APPLI-
CATIONS. 
(a) DEFINITIONS.—Section 53701 of title 46, United 
States Code, is amended— 
(1) by redesignating paragraph (14) as para-
graph (16); 
(2) by redesignating paragraphs (10) through 
(13) as paragraphs (11) through (14), respectively; 
(3) by inserting after paragraph (8) the fol-
lowing new paragraph: 
‘‘(9) 
NONTRADITIONAL
APPLICATION.—The 
term ‘nontraditional application’ means an applica-
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•HR 5136 EH1S 
tion for a loan, guarantee, or commitment to guar-
antee under this chapter, that is not a traditional 
application, as determined by the Administrator.’’; 
and 
(4) by inserting after paragraph (14), as so re-
designated, the following new paragraph: 
‘‘(15) TRADITIONAL APPLICATION.—The term 
‘traditional application’ means an application for a 
loan, guarantee, or commitment to guarantee under 
this chapter that involves a market, technology, and 
financial structure of a type that has proven success-
ful in previous applications and does not present an 
unreasonable risk to the United States, as deter-
mined by the Administrator.’’. 
(b) DEADLINE FOR DECISION ON APPLICATION; EX-
TENSION.—Section 53703(a) of title 46, United States 
Code, is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—The Secretary or Adminis-
trator shall approve or deny an application for a 
loan guarantee under this chapter— 
‘‘(A) in the case of a traditional applica-
tion, before the end of the 90-day period begin-
ning on the date on which the signed applica-
938 
•HR 5136 EH1S 
tion is received by the Secretary or Adminis-
trator; and 
‘‘(B) in the case of a nontraditional appli-
cation, before the end of the 120-day period be-
ginning on such date of receipt.’’; and 
(2) in paragraph (2), by striking ‘‘the 270-day 
period in paragraph (1) to a date not later than 2 
years’’ and inserting ‘‘the applicable period under 
paragraph (1) to a date that is not later than one 
year after the date on which the signed application 
was received by the Secretary or Administrator’’. 
(c) INDEPENDENT ANALYSIS.—Section 53708(d) of 
title 46, United States Code, is amended by striking ‘‘an 
application’’ and inserting ‘‘a nontraditional application’’. 
(d) APPLICATION.—The amendments made by this 
section shall apply only to applications submitted after the 
date of enactment of this Act.
939 
•HR 5136 EH1S 
DIVISION 
D—IMPLEMENTING 
MANAGEMENT 
FOR 
PER-
FORMANCE 
AND 
RELATED 
REFORMS TO OBTAIN VALUE 
IN EVERY ACQUISITION ACT 
SEC. 100A. SHORT TITLE. 
This division may be cited as the ‘‘Implementing 
Management for Performance and Related Reforms to Ob-
tain Value in Every Acquisition Act of 2010’’. 
SEC. 100B. DEFINITION OF CONGRESSIONAL DEFENSE 
COMMITTEES. 
In this division, the term ‘‘congressional defense com-
mittees’’ has the meaning given that term in section 
101(a)(16) of title 10, United States Code. 
TITLE I—DEFENSE ACQUISITION 
SYSTEM 
SEC. 101. PERFORMANCE MANAGEMENT OF THE DEFENSE 
ACQUISITION SYSTEM. 
(a) PERFORMANCE MANAGEMENT OF THE DEFENSE 
ACQUISITION SYSTEM.— 
(1) IN GENERAL.—Part IV of title 10, United 
States Code, is amended by inserting after chapter 
148 the following new chapter:
942 
•HR 5136 EH1S 
priately tailored pursuant to subsection (a)(3) and may 
include measures of— 
‘‘(A) cost, quality, and delivery; 
‘‘(B) contractor performance, including compli-
ance with the Department of Defense policy regard-
ing the participation of small business concerns 
owned and controlled by socially and economically 
disadvantaged individuals, veteran-owned small busi-
nesses, service-disabled, veteran-owned small busi-
nesses, and women-owned small businesses; 
‘‘(C) excessive use of contract bundling and 
availability of non-bundled contract vehicles; 
‘‘(D) workforce quality and program manager 
tenure (where applicable); 
‘‘(E) the quality of market research; 
‘‘(F) appropriate use of integrated testing; 
‘‘(G) appropriate consideration of long-term 
sustainment and energy efficiency; and 
‘‘(H) appropriate acquisition of technical data 
and other rights and assets necessary to support 
long-term sustainment. 
‘‘(2) Each service acquisition executive within the De-
partment of Defense shall establish goals and standards 
(including, at a minimum, a threshold standard and an 
objective goal) for each metric established under para-
943 
•HR 5136 EH1S 
graph (1) by the executive. In establishing the goals and 
standards for an element of the defense acquisition sys-
tem, a service acquisition executive shall consult with the 
head of the element to the maximum extent practicable, 
but the service acquisition executive shall retain the final 
authority to determine the goals and standards estab-
lished. The service acquisition executive shall update the 
goals and standards as necessary and appropriate con-
sistent with the guidance issued under subsection (b)(2). 
‘‘(3) The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall periodically review the 
metrics, goals, and standards established by service acqui-
sition executives under this subsection to ensure that they 
are consistent with the guidance issued under subsection 
(b)(2). 
‘‘(d) RESPONSIBILITY FOR OVERSIGHT AND DIREC-
TION
OF PERFORMANCE ASSESSMENTS.—(1) Perform-
ance assessments required by subsection (a) shall either 
be carried out by, or shall be subject to the oversight of, 
the Director of the Office of Performance Assessment and 
Root Cause Analysis. The authority and responsibility 
granted by this subsection is in addition to any other au-
thority or responsibility granted to the Director of the Of-
fice of Performance Assessment and Root Cause Analysis 
by the Secretary of Defense or by any other provision of
944 
•HR 5136 EH1S 
law. In the performance of duties pursuant to this section, 
the Director of the Office of Performance Assessment and 
Root Cause Analysis shall coordinate with the Deputy 
Chief Management Officer to ensure that performance as-
sessments carried out pursuant to this section are con-
sistent with the performance management initiatives of 
the Department of Defense. 
‘‘(2) A performance assessment may be carried out 
by an organization under the control of the service acquisi-
tion executive of a military department if— 
‘‘(A) the assessment fulfills the requirements of 
subsection (a); 
‘‘(B) the organization is approved to carry out 
the assessment by the Director of the Office of Per-
formance Assessment and Root Cause Analysis; and 
‘‘(C) the assessment is subject to the oversight 
of the Director of the Office of Performance Assess-
ment and Root Cause Analysis in accordance with 
paragraph (1). 
‘‘(e) RETENTION AND ACCESS TO RECORDS OF PER-
FORMANCE ASSESSMENTS WITHIN THE MILITARY DE-
PARTMENTS AND DEFENSE AGENCIES.—The Secretary of 
Defense shall ensure that information from performance 
assessments of all elements of the defense acquisition sys-
tem are retained electronically and that the Director of
945 
•HR 5136 EH1S 
the Office of Performance Assessment and Root Cause 
Analysis— 
‘‘(1) promptly receives the results of all per-
formance assessments conducted by an organization 
under the control of the service acquisition executive 
of a military department; and 
‘‘(2) has timely access to any records and data 
in the Department of Defense (including the records 
and data of each military department and Defense 
Agency and including classified and proprietary in-
formation) that the Director considers necessary to 
review in order to perform or oversee performance 
assessments pursuant to this section. 
‘‘(f) INCLUSION IN ANNUAL REPORT.—The Director 
of the Office of Performance Assessment and Root Cause 
Analysis shall include information on the activities under-
taken by the Director under this section in the annual re-
port of the Director required under section 103(f) of the 
Weapon Systems Acquisition Reform Act of 2009 (Public 
Law 111–23; 123 Stat. 1716), including information on 
any performance assessment required by subsection (a) 
with significant findings. In addition, if a performance as-
sessment uncovers particularly egregious problems, as 
identified by the Director, the Director shall submit to the 
Committees on Armed Services of the Senate and the
946 
•HR 5136 EH1S 
House of Representatives a report on such problems with-
in 30 days after the problems are identified. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘defense acquisition system’ 
means the acquisition workforce; the process by 
which the Department of Defense manages the ac-
quisition of goods and services, including weapon 
systems, commodities, commercial and military 
unique services, and information technology; and the 
management structure for carrying out the acquisi-
tion function within the Department of Defense. 
‘‘(2) The term ‘element of the defense acquisi-
tion system’ means an organization that operates 
within the defense acquisition system and that fo-
cuses primarily on acquisition. 
‘‘(3) The term ‘metric’ means a specific meas-
ure that serves as a basis for comparison. 
‘‘(4) The term ‘threshold performance standard’ 
means the minimum acceptable level of performance 
in relation to a metric. 
‘‘(5) The term ‘objective performance goal’ 
means the most desired level of performance in rela-
tion to a metric. 
‘‘(6) The term ‘Office of Performance Assess-
ment and Root Cause Analysis’ means the office re-
947 
•HR 5136 EH1S 
porting to the senior official designated by the Sec-
retary of Defense under section 103(a) of the Weap-
on Systems Acquisition Reform Act of 2009 (Public 
Law 111–23, 10 U.S.C. 2430 note). 
‘‘§ 2546. Audits of performance assessments 
‘‘(a) AUDITS REQUIRED.—The Secretary of Defense 
shall ensure that the performance assessments of the de-
fense acquisition system required by section 2545 of this 
title are subject to periodic audits to determine the accu-
racy, reliability, and completeness of such assessments. 
‘‘(b) STANDARDS AND APPROACH.—In performing 
the audits required by subsection (a), the Secretary shall 
ensure that such audits— 
‘‘(1) comply with generally accepted government 
auditing standards issued by the Comptroller Gen-
eral; 
‘‘(2) use a risk-based approach to audit plan-
ning; and 
‘‘(3) appropriately account for issues associated 
with auditing assessments of activities occurring in 
a contingency operation. 
‘‘§ 2547. Use of performance assessments for man-
aging performance 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
ensure that the results of performance assessments are
948 
•HR 5136 EH1S 
used in the management of elements of the defense acqui-
sition system through direct linkages between the results 
of a performance assessment and the following: 
‘‘(1) The size of the bonus pool available to the 
workforce of an element of the defense acquisition 
system. 
‘‘(2) Rates of promotion in the workforce of an 
element of the defense acquisition system. 
‘‘(3) Awards for acquisition excellence. 
‘‘(4) The scope of work assigned to an element 
of the defense acquisition system. 
‘‘(b) ADDITIONAL REQUIREMENTS.—The Secretary 
of Defense shall ensure that actions taken to manage the 
acquisition workforce pursuant to subsection (a) are un-
dertaken in accordance with the requirements of sub-
sections (c) and (d) of section 1701a of this title. 
‘‘§ 2548. Acquisition-related functions of the Chiefs of 
Staff of the armed forces 
‘‘(a) ASSISTANCE.—The Secretary of Defense shall 
ensure, notwithstanding section 3014(c)(1)(A), section 
5014(c)(1)(A), and section 8014(c)(1)(A) of this title, that 
the Chief of Staff of the Army, the Chief of Naval Oper-
ations, the Chief of Staff of the Air Force, and the Com-
mandant of the Marine Corps assist the Secretary of the
950 
•HR 5136 EH1S 
‘‘(A) justifies the need for a materiel ap-
proach, or an approach that is a combination of 
materiel and non-materiel, to satisfy one or 
more specific capability gaps; 
‘‘(B) details the information necessary to 
develop an increment of militarily useful, 
logistically supportable, and technically mature 
capability, including key performance param-
eters; or 
‘‘(C) identifies production attributes re-
quired for a single increment of a program.’’. 
(2) CLERICAL
AMENDMENTS.—The table of 
chapters at the beginning of subtitle A of title 10, 
United States Code, and at the beginning of part IV 
of such subtitle, are each amended by inserting after 
the item relating to chapter 148 the following new 
item: 
‘‘149. Performance Management of the Defense Acquisition System ...... 2545’’. 
(b) PHASED IMPLEMENTATION
OF PERFORMANCE 
ASSESSMENTS.—The Secretary of Defense shall imple-
ment the requirements of chapter 149 of title 10, United 
States Code, as added by subsection (a), in a phased man-
ner while guidance is issued, and categories, metrics, 
goals, and standards are established. Implementation shall 
begin with a cross section of elements of the defense acqui-
sition system representative of the entire system and shall
951 
•HR 5136 EH1S 
be completed for all elements not later than two years 
after the date of the enactment of this Act. 
SEC. 102. MEANINGFUL CONSIDERATION BY JOINT RE-
QUIREMENTS 
OVERSIGHT 
COUNCIL 
OF 
INPUT FROM CERTAIN OFFICIALS. 
(a) ADVISORS TO THE JOINT REQUIREMENTS OVER-
SIGHT COUNCIL.— 
(1) ADDITIONAL
CIVILIAN
ADVISORS.—Sub-
section (d)(1) of section 181 of title 10, United 
States Code, is amended by striking ‘‘The Under 
Secretary’’ and all that follows through ‘‘and exper-
tise.’’ and inserting the following: ‘‘The following of-
ficials of the Department of Defense shall serve as 
advisors to the Council on matters within their au-
thority and expertise: 
‘‘(A) The Under Secretary of Defense for Ac-
quisition, Technology, and Logistics. 
‘‘(B) The Under Secretary of Defense (Comp-
troller). 
‘‘(C) The Under Secretary of Defense for Pol-
icy. 
‘‘(D) The Director of Cost Assessment and Pro-
gram Evaluation.’’.
952 
•HR 5136 EH1S 
(2) ROLE
OF
COMBATANT
COMMANDERS
AS 
MEMBERS OF THE JROC.—Paragraph (1) of sub-
section (c) of such section is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (D); 
(B) by striking the period at the end of 
subparagraph (E) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(F) when directed by the chairman, the 
commander of any combatant command (or, as 
directed by that commander, the deputy com-
mander of that command) when matters related 
to the area of responsibility or functions of that 
command will be under consideration by the 
Council.’’. 
(b) AMENDMENT RELATED TO REPORT.—Paragraph 
(2) of section 105(c) of the Weapon Systems Acquisition 
Reform Act of 2009 (Public Law 111–23; 123 Stat. 1718) 
is amended to read as follows: 
‘‘(2) MATTERS COVERED.—The report shall in-
clude, at a minimum, an assessment of— 
‘‘(A) the extent to which the Council has 
effectively sought, and the commanders of the 
combatant commands have provided, meaning-
953 
•HR 5136 EH1S 
ful input on proposed joint military require-
ments; 
‘‘(B) the extent to which the Council has 
meaningfully considered the input and expertise 
of the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics in its discus-
sions; 
‘‘(C) the extent to which the Council has 
meaningfully considered the input and expertise 
of the Director of Cost Assessment and Pro-
gram Evaluation in its discussions; 
‘‘(D) the quality and effectiveness of ef-
forts to estimate the level of resources needed 
to fulfill joint military requirements; and 
‘‘(E) the extent to which the Council has 
considered trade-offs among cost, schedule, and 
performance objectives.’’. 
(c) ASSESSMENT OF INDEPENDENCE OF COST ESTI-
MATORS AND COST ANALYSTS REQUIRED IN NEXT AN-
NUAL REPORT ON COST ASSESSMENT ACTIVITIES.—In 
the next annual report prepared by the Director of Cost 
Assessment and Program Evaluation under section 
2334(e) of title 10, United States Code, the Director shall 
include an assessment of whether and to what extent per-
sonnel responsible for cost estimates or cost analysis devel-
954 
•HR 5136 EH1S 
oped by a military department or defense agency for a 
major defense acquisition program are independent and 
whether their independence or lack thereof affects their 
ability to generate reliable cost estimates. 
SEC. 103. PERFORMANCE MANAGEMENT FOR THE JOINT 
CAPABILITIES INTEGRATION AND DEVELOP-
MENT SYSTEM. 
(a) REQUIREMENT FOR PROGRAM.—The Secretary of 
Defense shall ensure that the Department of Defense de-
velops and implements a program to manage performance 
in establishing joint military requirements pursuant to 
section 181 of title 10, United States Code. 
(b) LEADERS.—The Secretary of Defense shall des-
ignate an officer identified or designated as a joint quali-
fied officer to serve as leader of a joint effort to develop 
the performance management program required by sub-
section (a). The Secretary shall also designate an officer 
from each Armed Force to serve as leader of the effort 
within the Armed Force concerned. Officers designated 
pursuant to this section shall have the seniority and au-
thority necessary to oversee and direct all personnel en-
gaged in establishing joint military requirements within 
the Joint Staff or within the Armed Force concerned. 
(c) MATTERS COVERED.—The program developed 
pursuant to subsection (a) shall:
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(1) Measure the following in relation to each 
joint military requirement: 
(A) The time a requirements document 
takes to receive validation through the require-
ments process. 
(B) The quality of cost information associ-
ated with the requirement and the extent to 
which cost information was considered during 
the requirements process. 
(C) The extent to which the requirements 
process established a meaningful level of pri-
ority for the requirement. 
(D) The extent to which the requirements 
process considered trade-offs between cost, 
schedule, and performance objectives. 
(E) 
The 
quality 
of 
information 
on 
sustainment associated with the requirement 
and the extent to which sustainment informa-
tion was considered during the requirements 
process. 
(F) Such other matters as the Secretary 
shall determine appropriate. 
(2) Achieve, to the maximum extent practicable, 
the following outcomes in the requirements process:
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(A) Timeliness in delivering capability to 
the warfighter. 
(B) Mechanisms for controlling require-
ments creep. 
(C) Responsiveness to fact-of-life changes 
occurring after the approval of a requirements 
document, including changes to the threat envi-
ronment, the emergence of new capabilities, or 
changes in the resources estimated to procure 
or sustain a capability. 
(D) The development of the personnel 
skills, capacity, and training needed for an ef-
fective and efficient requirements process. 
(E) Such other outcomes as the Secretary 
shall determine appropriate. 
(d) IMPLEMENTATION.—The program required by 
subsection (a) shall be developed and initially implemented 
not later than one year after the date of the enactment 
of this Act and shall apply to requirements documents en-
tering the requirements process after the date of initial 
implementation. 
(e) INITIAL REPORT.—Not later than 90 days after 
the initial implementation of the program required by sub-
section (a), the Secretary shall submit to the congressional 
defense committees a report on the steps taken to develop
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and implement the performance management program for 
joint military requirements. The report shall address the 
measures specified in subsection (c)(1). 
(f) FINAL REPORT.—Not later than four years after 
the initial implementation of the program required by sub-
section (a), the Secretary shall submit to the congressional 
defense committees a report on the effectiveness of the 
program for joint military requirements in achieving the 
outcomes specified in subsection (c)(2). 
(g) DEFINITIONS.—In this section: 
(1) REQUIREMENTS PROCESS.—The term ‘‘re-
quirements process’’ means the Joint Capabilities 
Integration and Development System (JCIDS) proc-
ess or any successor to such process established by 
the Chairman of the Joint Chiefs of Staff to support 
the statutory responsibility of the Joint Require-
ments Oversight Council in advising the Chairman 
and the Secretary of Defense in identifying, assess-
ing, and validating joint military capability needs, 
with their associated operational performance cri-
teria, in order to successfully execute missions. 
(2) REQUIREMENTS
DOCUMENT.—The term 
‘‘requirements document’’ means a document pro-
duced in the requirements process that is provided 
for an acquisition program to guide the subsequent
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development, production, and testing of the program 
and that— 
(A) justifies the need for a materiel ap-
proach, or an approach that is a combination of 
materiel and non-materiel, to satisfy one or 
more specific capability gaps; 
(B) details the information necessary to 
develop an increment of militarily useful, 
logistically supportable, and technically mature 
capability, including key performance param-
eters; or 
(C) identifies production attributes re-
quired for a single increment of a program. 
(3) REQUIREMENTS
CREEP.—The term ‘‘re-
quirements creep’’ means the addition of new tech-
nical or operational specifications after a require-
ments document is approved. 
(h) DISCRETIONARY IMPLEMENTATION AFTER FIVE 
YEARS.—After the date that is five years after the initial 
implementation of the performance management program 
under this section, the requirement to implement a pro-
gram under this section shall be at the discretion of the 
Secretary of Defense.
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SEC. 104. REQUIREMENTS FOR THE ACQUISITION OF SERV-
ICES. 
(a) PROCESS REQUIRED.—The Secretary of Defense 
shall ensure that each military department establishes a 
process for identifying, assessing, and approving require-
ments for the acquisition of services, and that com-
manders of unified combatant commands and other offi-
cers identified or designated as joint qualified officers have 
an opportunity to participate in the process of each mili-
tary department to provide input on joint requirements 
for the acquisition of services. 
(b) GUIDANCE AND PLAN REQUIRED.—The Chief of 
Staff of the Army, the Chief of Naval Operations, the 
Chief of Staff of the Air Force, and the Commandant of 
the Marine Corps shall— 
(1) issue and maintain guidance relating to 
each process established under subsection (a); and 
(2) develop a plan to implement each process 
established under subsection (a). 
(c) MATTERS REQUIRED IN GUIDANCE.—The guid-
ance issued under subsection (b) shall establish, in relation 
to a process for identifying, assessing, and approving re-
quirements for the acquisition of services, the following: 
(1) Organization of such process. 
(2) The level of command responsibility re-
quired for identifying and validating requirements
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for the acquisition of services in accordance with the 
categories established under section 2330(a)(1)(C) 
of title 10, United States Code. 
(3) The composition of billets necessary to oper-
ate such process. 
(4) The training required for personnel engaged 
in such process. 
(5) The relationship between doctrine and such 
process. 
(6) Methods of obtaining input on joint require-
ments for the acquisition of services. 
(7) Procedures for coordinating with the acqui-
sition process. 
(8) Considerations relating to opportunities for 
strategic sourcing. 
(d) MATTERS
REQUIRED
IN
IMPLEMENTATION 
PLAN.—Each plan required under subsection (b) shall 
provide for initial implementation of a process for identi-
fying, assessing, and approving requirements for the ac-
quisition of services not later than 180 days after the date 
of the enactment of this Act and shall provide for full im-
plementation of such process at the earliest date prac-
ticable. 
(e) CONSISTENCY WITH JOINT GUIDANCE.—When-
ever, at any time, guidance is issued by the Chairman of
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the Joint Chiefs of Staff relating to requirements for the 
acquisition of services, each process established under sub-
section (a) shall be revised in accordance with such joint 
guidance. 
(f) DEFINITION.—The term ‘‘requirements for the 
acquisition of services’’ means objectives to be achieved 
through acquisitions primarily involving the procurement 
of services. 
SEC. 105. JOINT EVALUATION TASK FORCES. 
(a) TASK FORCES REQUIRED.—For each joint mili-
tary requirement involving a materiel solution for which 
the Chairman of the Joint Requirements Oversight Coun-
cil is the validation authority, the Chairman shall des-
ignate a commander of a unified combatant command to 
provide a joint evaluation task force to participate in such 
materiel solution. Such task force shall— 
(1) come from a military unit or units des-
ignated by the combatant commander concerned; 
(2) be selected based on the relevance of such 
materiel solution to the mission of the unit; and 
(3) participate consistent with its operational 
obligations. 
(b) RESPONSIBILITIES.—A task force provided pur-
suant to subsection (a) shall, for the materiel solution con-
cerned—
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•HR 5136 EH1S 
(1) provide input to the analysis of alternatives; 
(2) participate in testing (including limited user 
tests and prototype testing); 
(3) provide input on a concept of operations 
and doctrine; 
(4) provide end user feedback to the resource 
sponsor; and 
(5) participate, through the combatant com-
mander concerned, in any alteration of the require-
ment for such solution. 
(c) ADMINISTRATIVE SUPPORT.—The resource spon-
sor for the joint military requirement shall provide admin-
istrative support to the joint evaluation task force for pur-
poses of carrying out this section. 
(d) DEFINITIONS.—In this section: 
(1) RESOURCE SPONSOR.—The term ‘‘resource 
sponsor’’ means the organization responsible for all 
common documentation, periodic reporting, and 
funding actions required to support the capabilities 
development and acquisition process for the materiel 
solution. 
(2) MATERIEL SOLUTION.—The term ‘‘materiel 
solution’’ means the development, acquisition, pro-
curement, or fielding of a new item, or of a modi-
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•HR 5136 EH1S 
fication to an existing item, necessary to equip, oper-
ate, maintain, and support military activities. 
SEC. 106. REVIEW OF DEFENSE ACQUISITION GUIDANCE. 
(a) REVIEW OF GUIDANCE.—The Secretary of De-
fense shall review the acquisition guidance of the Depart-
ment of Defense, including, at a minimum, the guidance 
contained in Department of Defense Instruction 5000.02 
entitled ‘‘Operation of the Defense Acquisition System’’. 
(b) MATTERS CONSIDERED.—The review performed 
under subsection (a) shall consider— 
(1) the extent to which it is appropriate to 
apply guidance primarily relating to the acquisition 
of weapon systems to acquisitions not involving 
weapon systems (including the acquisition of com-
mercial goods and commodities, commercial and 
military unique services, and information tech-
nology); 
(2) whether long-term sustainment and energy 
efficiency of weapon systems is appropriately empha-
sized; 
(3) whether appropriate mechanisms exist to 
communicate information relating to the mission 
needs of the Department of Defense to the industrial 
base in a way that allows the industrial base to 
make appropriate investments in infrastructure, ca-
964 
•HR 5136 EH1S 
pacity, and technology development to help meet 
such needs; 
(4) the extent to which earned value manage-
ment should be required on acquisitions not involv-
ing the acquisition of weapon systems and whether 
measures of quality and technical performance 
should be included in any earned value management 
system; 
(5) the extent to which it is appropriate to 
apply processes primarily relating to the acquisition 
of weapon systems to the acquisition of information 
technology systems, consistent with the requirement 
to develop an alternative process for such systems 
contained in section 804 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2401; 10 U.S.C. 2225 note); and 
(6) such other matters as the Secretary con-
siders appropriate. 
(c) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and of the House of Representatives a report de-
tailing any changes in the acquisition guidance of the De-
partment of Defense identified during the review required
965 
•HR 5136 EH1S 
by subsection (a), and any actions taken, or planned to 
be taken, to implement such changes. 
SEC. 107. REQUIREMENT TO INCLUDE REFERENCES TO 
SERVICES ACQUISITION THROUGHOUT THE 
FEDERAL ACQUISITION REGULATION. 
(a) FINDINGS.—Congress finds the following: 
(1) The acquisition of services can be extremely 
complex, and program management skills, tools, and 
processes need to be applied to services acquisitions. 
(2) An emphasis on the concept of ‘‘services’’ 
throughout the Federal Acquisition Regulation 
would enhance and support the procurement and 
project management community in all aspects of the 
acquisition planning process, including requirements 
development, assessment of reasonableness, and 
post-award management and oversight. 
(b) REQUIREMENT FOR CHANGES TO FAR.—The 
Federal Acquisition Regulation shall be revised to provide, 
throughout the Regulation, appropriate references to serv-
ices acquisition that are in addition to references provided 
in part 37 (which relates specifically to services acquisi-
tion). 
(c) DEADLINE.—This section shall be carried out 
within 270 days after the date of the enactment of this 
Act.
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SEC. 108. PROCUREMENT OF MILITARY PURPOSE NON-
DEVELOPMENTAL ITEMS. 
(a) IN GENERAL.— 
(1) PROCUREMENT
OF
MILITARY
PURPOSE 
NONDEVELOPMENTAL ITEMS.—Chapter 141 of title 
10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2410r. Military purpose nondevelopmental items 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) The term ‘military purpose nondevelop-
mental item’ means an item— 
‘‘(A) developed exclusively at private ex-
pense; 
‘‘(B) that meets a validated military re-
quirement, as certified in writing by the respon-
sible program manager; 
‘‘(C) for which delivery of an initial lot of 
production-representative items may be made 
within 9 months after contract award; and 
‘‘(D) for which the unit cost is less than 
$10,000,000. 
‘‘(2) The term ‘item’ has the meaning provided 
in section 2302(3) of this title. 
‘‘(b) REQUIREMENTS.—The Secretary of Defense 
shall ensure that, with respect to a contract for the acqui-
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•HR 5136 EH1S 
sition of a military purpose nondevelopmental item, the 
following requirements apply: 
‘‘(1) The contract shall be awarded using com-
petitive procedures in accordance with section 2304 
of this title. 
‘‘(2) Certain contract clauses, as specified in 
regulations prescribed under subsection (c), shall be 
included in each such contract. 
‘‘(3) The type of contract used shall be a firm, 
fixed price type contract. 
‘‘(4) Nothing in the contract shall further re-
strict or otherwise affect the rights in technical data 
of the Government, the contractor, or any subcon-
tractor of the contractor for items developed by the 
contractor or any such subcontractor exclusively at 
private expense, as prescribed in regulations imple-
menting section 2320(a)(2)(B) of this title. 
‘‘(c) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out this section. Such regu-
lations shall be included in regulations of the Department 
of Defense prescribed as part of the Federal Acquisition 
Regulation. At a minimum, the regulations shall include— 
‘‘(1) a list of contract clauses to be included in 
each contract for the acquisition of a military pur-
pose nondevelopmental item;
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•HR 5136 EH1S 
‘‘(2) definitions for the terms ‘developed’ and 
‘exclusively at private expense’ that— 
‘‘(A) are consistent with the definitions de-
veloped for such terms in accordance with 
2320(a)(3) of this title; and 
‘‘(B) also exclude an item developed in 
part or in whole with— 
‘‘(i) foreign government funding; or 
‘‘(ii) foreign or Federal Government 
loan financing at nonmarket rates; and 
‘‘(3) standards for evaluating the reasonable-
ness of price for the military purpose nondevelop-
mental item, in lieu of certified cost or pricing 
data.’’. 
(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: 
‘‘2410r. Military purpose nondevelopmental items.’’. 
(b) COST OR PRICING DATA EXCEPTION.—Section 
2306a(b)(1) of title 10, United States Code, is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); 
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: