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Subtitle G—Other Matters 
SEC. 671. PARTICIPATION OF MEMBERS OF THE ARMED 
FORCES HEALTH PROFESSIONS SCHOLAR-
SHIP AND FINANCIAL ASSISTANCE PROGRAM 
IN ACTIVE DUTY HEALTH PROFESSION LOAN 
REPAYMENT PROGRAM. 
Section 2173(c) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(4) The person is enrolled in the Armed 
Forces Health Professions Scholarship and Finan-
cial Assistance program under subchapter I of chap-
ter 105 of this title for a number of years less than 
the number of years required to complete the normal 
length of the course of study required for the spe-
cific health profession.’’. 
SEC. 672. RETENTION OF ENLISTMENT, REENLISTMENT, 
AND STUDENT LOAN BENEFITS RECEIVED BY 
MILITARY TECHNICIANS (DUAL STATUS). 
(a) TREATMENT OF ENLISTMENT, REENLISTMENT, 
AND STUDENT LOAN BENEFITS.—Section 10216 of title 
10, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(h) RETENTION OF BONUSES AND OTHER BENE-
FITS.—If an individual is first employed as a military
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technician (dual status) while the individual is already a 
member of a reserve component, the Secretary concerned 
may not— 
‘‘(1) require the individual to repay any enlist-
ment, reenlistment, or affiliation bonus provided to 
the individual in connection with the individual’s en-
listment or reenlistment before such employment; or 
‘‘(2) terminate the individual’s participation in 
an educational loan repayment program under chap-
ter 1609 of this title if the individual began such 
participation before such employment.’’. 
(b) EFFECTIVE DATE.—Subsection (h) of section 
10216 of title 10, United States Code, as added by sub-
section (a), shall apply only with respect to individuals who 
are first employed as a military technician (dual status), 
as described in subsection (a)(1) of such section 10216, 
more than 180 days after the date of the enactment of 
this Act. 
SEC. 673. CANCELLATION OF LOANS OF MEMBERS OF THE 
ARMED FORCES MADE FROM STUDENT LOAN 
FUNDS. 
Section 465(a) of the Higher Education Act of 1965 
(20 U.S.C. 1087ee(a)) is amended by adding at the end 
the following new paragraph:
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‘‘(8) For the purpose of this subsection, the 
term ‘year of service’ where applied to service by a 
member of the Armed Forces described in paragraph 
(2)(D) means a qualified tour of duty that— 
‘‘(A) is for 6 months or longer; or 
‘‘(B) was less than 6 months because the 
member was discharged or released from active 
duty in the Armed Forces for an injury or dis-
ability incurred in or aggravated by service in 
the Armed Forces.’’. 
SEC. 674. REPORT ON PROVISION OF ADDITIONAL INCEN-
TIVES FOR RECRUITMENT AND RETENTION 
OF HEALTH CARE PROFESSIONALS FOR RE-
SERVE COMPONENTS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Surgeons General of the Army, Navy, 
and Air Force shall submit to Congress a report on their 
staffing needs for health care professionals in the active 
and reserve components of the Armed Forces. The report 
shall specifically identify the positions in most critical need 
for additional health care professionals, including the 
number of physicians needed and whether additional be-
havioral health professionals, such as psychologists and 
psychiatrists, are needed to treat members of the Armed 
Forces for the growing concerns of post traumatic stress
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•HR 5136 EH1S 
disorder and traumatic brain injury. The report shall in-
clude recommendations for providing incentives for health 
care professionals with more than 20 years of clinical ex-
perience to join the active or reserve components, includ-
ing whether changes in age or length of service require-
ments to qualify for partial retired pay for non-regular 
service could be used as a recruitment or retention incen-
tives. 
SEC. 675. FLEXIBLE COMMENCEMENT DATES FOR AVAIL-
ABILITY OF HOMEOWNER ASSISTANCE FOR 
MEMBERS OF THE ARMED FORCES PERMA-
NENTLY REASSIGNED DURING MORTGAGE 
CRISIS. 
(a) MODIFICATION OF REASSIGNMENT, PURCHASE, 
AND SALE DATES.—Subsection (a)(3) of section 1013 of 
the Demonstration Cities and Metropolitan Development 
Act of 1966 (42 U.S.C. 3374) is amended— 
(1) in subparagraph (C), by striking ‘‘or an 
earlier end date designated by the Secretary’’ and by 
inserting ‘‘or an earlier start or end date designated 
by the Secretary under subsection (c)(3)(C) for a 
specific military base or installation’’; 
(2) in subparagraph (D), by inserting ‘‘, or a 
later purchase date designated by the Secretary
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under subsection (c)(3)(C) for a specific military 
base or installation’’ after ‘‘July 1, 2006’’; and 
(3) in subparagraph (E), by striking ‘‘between 
July 1, 2006, and September 30, 2012, or an earlier 
end date designated by the Secretary’’ and inserting 
‘‘between the purchase date in effect for the military 
base or installation under subparagraph (D) and the 
end date in effect for the military base or installa-
tion under subparagraph (D)’’. 
(b) MODIFICATION PROCESS.—Subsection (c)(3) of 
such section is amended by adding at the end the following 
new subparagraph: 
‘‘(C) MODIFICATION
OF
REASSIGNMENT, 
PURCHASE, AND
SALE
DATES.—In exercising 
the authority under subsection (a)(3) to des-
ignate different reassignment, purchase, and 
sale dates for a specific military base or instal-
lation, the Secretary of Defense shall consult 
with the Secretary of Housing and Urban De-
velopment and the Secretary of the Treasury 
regarding the condition of housing markets in 
the area of the base or installation so that the 
Secretary of Defense has the information need-
ed to effectively assist members of the Armed 
Forces and their families.’’.
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SEC. 676. EXCLUSION OF PERSONS CONVICTED OF COM-
MITTING CERTAIN SEX OFFENSES FROM RE-
CEIVING CERTAIN BURIAL-RELATED BENE-
FITS AND FUNERAL HONORS. 
(a) PROHIBITION AGAINST INTERMENT OR MEMORI-
ALIZATION IN NATIONAL CEMETERY ADMINISTRATION, 
ARLINGTON NATIONAL CEMETERY, AND CERTAIN STATE 
VETERANS’ CEMETERIES; PROHIBITION AGAINST PROVI-
SION OF PRESIDENTIAL MEMORIAL CERTIFICATE, FLAG, 
AND HEADSTONE OR MARKER.—Section 2411(b) of title 
38, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(4) A person who is classified as a tier III sex 
offender under the Sex Offender Registration and 
Notification Act.’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to terminate any benefit available to 
any person except those benefits specifically terminated by 
the amendment made by subsection (a). 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to interments and 
memorializations that occur on or after the date of the 
enactment of this Act. 
(d) CONSTITUTIONAL AUTHORITY.—The constitu-
tional authority on which this section rests is the power 
of Congress to make rules for the government and regula-
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•HR 5136 EH1S 
tion of the land and naval forces, as enumerated in article 
I, section 8, clause 14 of the United States Constitution. 
SEC. 677. SCHOLARSHIP PROGRAM FOR VETERANS FOR 
PURSUIT OF GRADUATE AND POST-GRAD-
UATE DEGREES IN BEHAVIORAL HEALTH 
SCIENCES. 
(a) SCHOLARSHIP PROGRAM.— 
(1) PROGRAM.—The Secretary of Veterans Af-
fairs shall carry out a program to provide scholar-
ships to qualifying veterans for pursuit of a grad-
uate or post-graduate degree in behavioral health 
sciences. 
(2) DESIGNATION.—The program carried out 
under this section shall be known as the ‘‘Depart-
ment of Veterans Affairs HONOR Scholarship Pro-
gram’’ (in this section referred to as the ‘‘scholar-
ship program’’). 
(b) QUALIFYING VETERANS.—For purposes of this 
section, a qualifying veteran is any veteran who— 
(1) during service on active duty in the Armed 
Forces, participated for such period as the Secretary 
of Veterans Affairs, in consultation with the Sec-
retary of Defense, shall specify for purposes of the 
scholarship program in a theater of combat or dur-
ing a contingency operation overseas;
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•HR 5136 EH1S 
(2) was retired, discharged, separated, or re-
leased from service in the Armed Forces on or after 
a date (not earlier than August 2, 1990) specified 
by the Secretary of Defense for purposes of the 
scholarship program; 
(3) at the time of the submittal of an applica-
tion to participate in the scholarship program, holds 
an undergraduate or graduate degree, as applicable, 
from an institution of higher education that qualifies 
the veteran for pursuit of a graduate or post-grad-
uate degree in behavioral sciences; and 
(4) meets such other qualifications as the Sec-
retary of Veterans Affairs may establish for pur-
poses of the scholarship program. 
(c) APPLICATION.—Each qualifying veteran seeking 
to participate in the scholarship program shall submit to 
the Secretary of Veterans Affairs an application therefor 
setting forth such information as the Secretary shall speci-
fy for purposes of the scholarship program. 
(d) AGREEMENT.—Each qualifying veteran selected 
by the Secretary of Veterans Affairs for participation in 
the scholarship program shall enter into an agreement 
with the Secretary regarding participation in the scholar-
ship program. The agreement shall contain such terms
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•HR 5136 EH1S 
and conditions as the Secretary shall specify for purposes 
of the scholarship program. 
(e) SCHOLARSHIPS.— 
(1) IN GENERAL.—The Secretary of Veterans 
Affairs shall provide to each qualifying veteran who 
enters into an agreement under subsection (d) a 
scholarship for such number of academic years as 
the Secretary shall specify in the agreement for pur-
suit of a graduate or post-graduate degree in behav-
ioral health sciences at an institution of higher edu-
cation offering such degree that is approved by the 
Secretary for purposes of the scholarship program. 
(2) ELEMENTS.—The scholarship provided a 
qualifying veteran for an academic year shall consist 
of payment of the following: 
(A) Tuition of the qualifying veteran for 
pursuit of the graduate or post-graduate degree 
concerned in the academic year. 
(B) Reasonable educational expenses of the 
qualifying veteran (including fees, books, and 
laboratory expenses) in pursuit of such degree 
in the academic year. 
(C) A stipend in connection with the pur-
suit of such degree in the academic year in such 
amount as the Secretary shall specify in the
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agreement of the qualifying veteran under sub-
section (d). 
(f) OBLIGATED SERVICE.—Each qualifying veteran 
who participates in the scholarship program shall, after 
completion of the graduate or post-graduate degree con-
cerned and as jointly provided by the Secretary of Vet-
erans Affairs and the Secretary of Defense in the agree-
ment of such qualifying veteran under subsection (d), per-
form service as follows: 
(1) Such service for the Department of Vet-
erans Affairs in connection with the furnishing of 
mental health services to veterans, and for such pe-
riod, as the Secretary of Veterans Affairs shall 
specify in the agreement. 
(2) Such service for the Department of Defense 
in connection with the furnishing of mental health 
services to members of the Armed Forces, and for 
such period, as the Secretary of Veterans Affairs 
shall, in consultation with the Secretary of Defense, 
specify in the agreement. 
(3) Such combination of service described by 
paragraphs (1) and (2), and for such period, as the 
Secretary of Veterans Affairs shall, in consultation 
with the Secretary of Defense, specify in the agree-
ment.
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(g) BREACH OF AGREEMENT.—Each qualifying vet-
eran participating in the scholarship who fails to complete 
satisfactorily the terms of the agreement of such quali-
fying veteran under subsection (d), whether through fail-
ure to obtain the graduate or post-graduate degree con-
cerned or failure to perform service required of the quali-
fying veteran under subsection (f), shall be liable to the 
United States in such form and manner as the Secretary 
of Veterans Affairs shall, in consultation with the Sec-
retary of Defense, specify in the agreement. 
(h) CONTINGENCY OPERATION DEFINED.—In this 
section, the term ‘‘contingency operation’’ has the mean-
ing given that term in section 101(a)(13) of title 10, 
United States Code. 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—Improvements to 
Health Benefits 
SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN 
CERTAIN HEALTH CARE COSTS. 
(a) CHARGES UNDER CONTRACTS
FOR MEDICAL 
CARE.—Section 1097(e) of title 10, United States Code, 
is amended by striking ‘‘September 30, 2009’’ and insert-
ing ‘‘September 30, 2011’’.
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•HR 5136 EH1S 
(b) CHARGES
FOR
INPATIENT
CARE.—Section 
1086(b)(3) of such title is amended by striking ‘‘Sep-
tember 30, 2010’’ and inserting ‘‘September 30, 2011’’. 
SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER 
TRICARE. 
(a) DEPENDENT COVERAGE.— 
(1) IN
GENERAL.—Chapter 55 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 1110b. TRICARE program: extension of dependent 
coverage 
‘‘(a) IN GENERAL.—In accordance with subsection 
(c), an individual described in subsection (b) shall be 
deemed to be a dependent (as described in section 
1072(2)(D) of this title) for purposes of TRICARE cov-
erage. 
‘‘(b) INDIVIDUAL DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
‘‘(1) with respect to a member or former mem-
ber of a uniformed service, is— 
‘‘(A) a child who has not attained the age 
of 26 and is not eligible to enroll in an eligible 
employer-sponsored plan (as defined in section 
5000A(f)(2) of the Internal Revenue Code of 
1986); or
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SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE 
ARMED FORCES. 
(a) IN GENERAL.—Paragraph (2) of section 1074f(b) 
of title 10, United States Code, is amended by adding at 
the end the following new subparagraph: 
‘‘(D) An aural screening, including an assess-
ment of tinnitus.’’. 
(b) EFFECTIVE DATE.—Section 1074f(b)(2) of title 
10, United States Code, as added by subsection (a) of this 
section, shall apply to members of the Armed Forces who 
are deployed or return from deployment on or after the 
date that is 30 days after the date of the enactment of 
this Act. 
SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN CO-
PAYMENTS UNDER RETAIL PHARMACY SYS-
TEM OF PHARMACY BENEFITS PROGRAM. 
During the period beginning on October 1, 2010, and 
ending on September 30, 2011, the cost sharing require-
ments established under paragraph (6) of section 
1074g(a) of title 10, United States Code, for pharma-
ceutical agents available through retail pharmacies cov-
ered by paragraph (2)(E)(ii) of such section may not ex-
ceed amounts as follows: 
(1) In the case of generic agents, $3. 
(2) In the case of formulary agents, $9. 
(3) In the case of nonformulary agents, $22.
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•HR 5136 EH1S 
SEC. 706. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL 
READY RESERVE AND INDIVIDUAL MOBILIZA-
TION AUGMENTEES. 
(a) FINDINGS.—Congress finds that a veteran who 
is a member of the Individual Ready Reserve (or who is 
an individual mobilization augmentee) and is not assigned 
to a unit that musters regularly and has an established 
support structure is less likely to be helped by existing 
suicide prevention programs carried out by the Secretary 
of Defense and the Secretary of Veterans Affairs. 
(b) IN GENERAL.— 
(1) SUICIDE PREVENTION.—Chapter 55 of title 
10, United States Code, is amended by adding after 
section 1074l the following new section: 
‘‘§ 1074m. Suicide prevention for members of the In-
dividual Ready Reserve and individual 
mobilization augmentees 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
ensure that each covered member receives a telephone call 
described in subsection (b) not less than once every 90 
days during the period in which— 
‘‘(1) the covered member is a member of the In-
dividual Ready Reserve; or 
‘‘(2) the Secretary determines that the covered 
member is an individual mobilization augmentee.
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•HR 5136 EH1S 
‘‘(b) COUNSELING CALL.—A telephone call described 
in this subsection is a call from properly trained personnel 
to determine the emotional, psychological, medical, and ca-
reer needs and concerns of the covered member. 
‘‘(c) REFERRAL.—(1) The personnel making a tele-
phone call described in subsection (b) shall refer a covered 
member identified as being at-risk of self-caused harm to 
the nearest emergency room for immediate evaluation and 
treatment by a qualified mental health care provider. 
‘‘(2) If a covered member is referred under paragraph 
(1), the Secretary shall confirm that the member has re-
ceived the evaluation and any necessary treatment.
‘‘(d) REPORTS.—Not later than January 31 of each 
year, beginning in 2011, the Secretary shall submit to 
Congress a report on the number of covered members who 
have been referred for counseling or mental health treat-
ment under this section, as well as the health and career 
status of such members. 
‘‘(e) COVERED MEMBER DEFINED.—In this section, 
the term ‘covered member’ means— 
‘‘(1) a member of the Individual Ready Reserve 
described in section 10144(b) of this title who has 
deployed to Afghanistan or Iraq in support of a con-
tingency operation; or
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•HR 5136 EH1S 
‘‘(2) a member of a reserve component who the 
Secretary determines is an individual mobilization 
augmentee who has deployed to Afghanistan or Iraq 
in support of a contingency operation.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1074l 
the following new item: 
‘‘1074m. Suicide prevention for members of the Individual Ready Reserve and 
individual mobilization augmentees.’’. 
SEC. 707. PROVISION OF INFORMATION TO MEMBERS OF 
THE 
RESERVE 
COMPONENTS 
REGARDING 
HEALTH CARE BENEFITS. 
(a) PROVISION OF INFORMATION.—The Secretary of 
Defense shall ensure that each member of a reserve com-
ponent of the Armed Forces who is mobilized or demobi-
lized is provided, together with the orders providing for 
such mobilization or demobilization, a clear and com-
prehensive statement of the medical care and treatment 
to which such member is entitled under Federal law by 
reason of being so mobilized or demobilized. 
(b) FREQUENCY.—The statement required to be pro-
vided a member under subsection (a) upon a mobilization 
or demobilization shall be provided to the member each 
time the member is mobilized or demobilized, as the case 
may be.
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•HR 5136 EH1S 
(c) ELEMENTS.—The statement provided a member 
under subsection (a) shall include the following: 
(1) A clear, comprehensive statement of the 
medical care and treatment to which the member is 
entitled under Federal law by reason of being mobi-
lized or demobilized, as applicable, including— 
(A) the nature and range of the care and 
treatment to which the member is entitled; 
(B) the departments and agencies of the 
Federal Government that will provide such care 
and treatment; 
(C) the period for which such care and 
treatment will be so provided; and 
(D) the obligations, if any, of the member 
in connection with the receipt of such care and 
treatment. 
(2) A clear, comprehensive statement of the 
health care insurance available under Federal law 
for the member’s family, if any, by reason of the 
mobilization or demobilization of the member. 
(3) A clear, comprehensive description of the 
mental health assessments available to the member 
before, during, and after deployment pursuant to 
section 708 of the national defense authorization act
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•HR 5136 EH1S 
for fiscal year 2010 (Public Law 111–84; 123 Stat. 
2376; 10 U.S.C. 1074f note). 
(4) Such other matters as the Secretary con-
siders appropriate. 
Subtitle B—Health Care 
Administration 
SEC. 711. ADMINISTRATION OF TRICARE. 
Subsection (a) of section 1073 of title 10, United 
States Code, is amended— 
(1) by striking ‘‘Except’’ and inserting ‘‘(1) Ex-
cept’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Except as otherwise provided in this chapter, the 
Secretary of Defense shall have sole responsibility for ad-
ministering the TRICARE program and making any deci-
sion affecting such program.’’. 
SEC. 712. UPDATED TERMINOLOGY FOR THE ARMY MED-
ICAL SERVICE CORPS. 
Paragraph (5) of section 3068 of title 10, United 
States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘Phar-
macy, Supply, and Administration’’ and inserting 
‘‘Administrative Health Services’’;
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•HR 5136 EH1S 
(2) in subparagraph (C), by striking ‘‘Sanitary 
Engineering’’ and inserting ‘‘Preventive Medicine 
Sciences’’; and 
(3) in subparagraph (D), by striking ‘‘Optom-
etry’’ and inserting ‘‘Clinical Health Sciences’’. 
SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS 
APPLICABLE 
TO 
MILITARY 
HEALTH-CARE 
PROFESSIONALS WHO ARE MEMBERS OF THE 
NATIONAL GUARD PERFORMING DUTY WHILE 
IN TITLE 32 STATUS. 
Section 1094(d) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by inserting ‘‘or (3)’’ 
after ‘‘paragraph (2)’’; 
(2) in paragraph (2), by inserting ‘‘as being de-
scribed in this paragraph’’ after ‘‘paragraph (1)’’; 
and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) A health-care professional referred to in para-
graph (1) as being described in this paragraph is a mem-
ber of the National Guard who— 
‘‘(A) has a current license to practice medicine, 
osteopathic medicine, dentistry, or another health 
profession; and
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•HR 5136 EH1S 
‘‘(B) is performing training or duty under title 
32 in response to an actual or potential disaster.’’. 
SEC. 714. ANNUAL REPORT ON JOINT HEALTH CARE FA-
CILITIES OF THE DEPARTMENT OF DEFENSE 
AND THE DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) ANNUAL REPORTS.—Section 1073b of title 10, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(c) ANNUAL REPORT ON JOINT HEALTH CARE FA-
CILITIES OF THE DEPARTMENT OF DEFENSE AND THE 
DEPARTMENT OF VETERANS AFFAIRS.—(1) At the same 
time that the budget of the President is submitted under 
section 1105(a) of title 31 for each fiscal year, the Sec-
retary of Defense and the Secretary of Veterans Affairs 
shall jointly submit to the appropriate congressional com-
mittees a report on joint facilities. 
‘‘(2) Each report under paragraph (1) shall include 
the following: 
‘‘(A) A list of each military medical treatment 
facility of the Department of Defense that the Sec-
retary of Defense is considering as a potential joint 
facility. 
‘‘(B) A list of each medical facility of the De-
partment of Veterans Affairs that the Secretary of
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•HR 5136 EH1S 
Veterans Affairs is considering as a potential joint 
facility. 
‘‘(C) A list of each military medical treatment 
facility of the Department of Defense and medical 
facility of the Department of Veterans Affairs that 
has been established as a joint facility. 
‘‘(3)(A) Except as provided in subparagraph (B), no 
funds authorized to be appropriated or otherwise made 
available for fiscal year 2012 or any fiscal year thereafter 
for military medical treatment facilities of the Department 
of Defense may be obligated or expended to establish a 
joint facility unless both the military medical treatment 
facility of the Department of Defense and the medical fa-
cility of the Department of Veterans Affairs were included 
in a report under paragraph (1). 
‘‘(B) The Secretary of Defense may waive the limita-
tion in subparagraph (A) with respect to establishing a 
joint facility not included in a report under paragraph (1) 
if— 
‘‘(i) the Secretary and the Secretary of Vet-
erans Affairs jointly submit to the appropriate con-
gressional committees— 
‘‘(I) written certification that the Secre-
taries began considering such joint facility after 
the most recent report under subsection (a) was
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•HR 5136 EH1S 
submitted to the appropriate congressional com-
mittees; and 
‘‘(II) a report on such joint facility, includ-
ing the location and the estimated cost; and 
‘‘(ii) a period of 30 days has elapsed after the 
date on which the certification and report under 
clause (i) are submitted to the appropriate congres-
sional committees. 
‘‘(4) In this subsection: 
‘‘(A) The term ‘appropriate congressional com-
mittees’ means— 
‘‘(i) the congressional defense committees; 
‘‘(ii) the Committee on Veterans’ Affairs of 
the House of Representatives; and 
‘‘(iii) the Committee on Veterans’ Affairs 
of the Senate. 
‘‘(B) The term ‘joint facility’ means a military 
medical treatment facility of the Department of De-
fense and a medical facility of the Department of 
Veterans Affairs that are combined, operated jointly, 
or otherwise operated in such a manner that a facil-
ity of one department is operating in or with a facil-
ity of the other department. 
‘‘(C) The term ‘medical facility’, with respect to 
a facility of the Department of Veterans Affairs, has
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•HR 5136 EH1S 
the meaning given that term in section 8101(3) of 
title 38.’’. 
(b) TITLE 38.— 
(1) IN GENERAL.—Subchapter IV of chapter 81 
of title 38, United States Code, is amended by add-
ing at the end the following new section: 
‘‘§ 8159. Limitation on establishment of joint facilities 
of the Department of Veterans Affairs 
and the Department of Defense 
‘‘(a) LIMITATION.—Except as provided in subsection 
(b), no funds authorized to be appropriated or otherwise 
made available for fiscal year 2012 or any fiscal year 
thereafter for medical facilities of the Department of Vet-
erans Affairs may be obligated or expended to establish 
a joint facility unless both the medical facility of the De-
partment of Veterans Affairs and the military medical 
treatment facility of the Department of Defense were in-
cluded in a report submitted by the Secretary of Veterans 
Affairs and the Secretary of Defense to the appropriate 
congressional committees under section 1073b(c) of title 
10. 
‘‘(b) WAIVER.—The Secretary of Veterans Affairs 
may waive the limitation in subsection (a) with respect to 
establishing a joint facility not included in a report under 
section 1073b(c) of title 10 if—
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•HR 5136 EH1S 
‘‘(1) the Secretary and the Secretary of Defense 
jointly submit to the appropriate congressional com-
mittees— 
‘‘(A) written certification that the Secre-
taries began considering such joint facility after 
the most recent report under section 1073b(c) 
of title 10 was submitted to the appropriate 
congressional committees; and 
‘‘(B) a report on such joint facility, includ-
ing the location and the estimated cost; and 
‘‘(2) a period of 30 days has elapsed after the 
date on which the certification and report under 
paragraph (1) are submitted to the appropriate con-
gressional committees. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the congressional defense committees 
(as defined in section 101(a)(16) of title 10); 
‘‘(B) the Committee on Veterans’ Affairs 
of the House of Representatives; and 
‘‘(C) the Committee on Veterans’ Affairs 
of the Senate. 
‘‘(2) The term ‘joint facility’ means a military 
medical treatment facility of the Department of De-
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•HR 5136 EH1S 
fense and a medical facility of the Department of 
Veterans Affairs that are combined, operated jointly, 
or otherwise operated in such a manner that a facil-
ity of one department is operating in or with a facil-
ity of the other department. 
‘‘(3) The term ‘medical facility’ has the mean-
ing given that term in section 8101(3) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 8158 
the following new item: 
‘‘8159. Limitation on establishment of joint facilities of the Department of Vet-
erans Affairs and the Department of Defense.’’. 
SEC. 715. IMPROVEMENTS TO OVERSIGHT OF MEDICAL 
TRAINING FOR MEDICAL CORPS OFFICERS. 
(a) REVIEW OF TRAINING PROGRAMS FOR MEDICAL 
OFFICERS.—The Secretary of Defense shall conduct a re-
view of training programs for medical officers (as defined 
in section 101(b)(14) of title 10, United States Code) to 
ensure that the academic and military performance of 
such officers has been completely documented in military 
personnel records. The programs reviewed shall include, 
at a minimum, the following: 
(1) Programs at the Uniformed Services Uni-
versity of the Health Sciences that award a medical 
doctor degree.
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(2) Selected residency programs at military 
medical treatment facilities, as determined by the 
Secretary, to include at least one program in each 
of the specialties of— 
(A) anesthesiology; 
(B) emergency medicine; 
(C) family medicine; 
(D) general surgery; 
(E) neurology; 
(F) obstetrics/gynecology; 
(G) pathology; 
(H) pediatrics; and 
(I) psychiatry. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the findings of the review under subsection (a). 
SEC. 716. STUDY ON REIMBURSEMENT FOR COSTS OF 
HEALTH CARE PROVIDED TO INELIGIBLE IN-
DIVIDUALS. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on the costs incurred by the United States on be-
half of individuals— 
(1) who are not covered beneficiaries; and
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(2) who receive health care services from a 
health care provider under the TRICARE program. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report on the 
study under subsection (a), including recommendations for 
legislative action that the Secretary considers appropriate 
to— 
(1) prevent individuals who are not covered 
beneficiaries from receiving health care services from 
a health care provider under the TRICARE pro-
gram; and 
(2) recoup the costs of such health care from 
such individuals. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered beneficiary’’ has the 
meaning given that term in section 1072(5) of title 
10, United States Code. 
(2) The term ‘‘TRICARE program’’ has the 
meaning given that term in section 1072(7) of such 
title.
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SEC. 717. LIMITATION ON TRANSFER OF FUNDS TO DE-
PARTMENT OF DEFENSE-DEPARTMENT OF 
VETERANS AFFAIRS MEDICAL FACILITY DEM-
ONSTRATION PROJECT. 
The Secretary of Defense may not transfer any funds 
authorized to be appropriated by this Act for fiscal year 
2011 to the Joint Department of Defense–Department of 
Veterans Affairs Medical Facility Demonstration Fund es-
tablished in section 1704 of the National Defense Author-
ization Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2571) unless, before any such transfer— 
(1) the Secretary submits to the congressional 
defense committees, the Committee on Veterans’ Af-
fairs of the House of Representatives, and the Com-
mittee on Veterans’ Affairs of the Senate a report 
providing— 
(A) notice of the proposed transfer; and 
(B) the exact amount and source of funds 
to be transferred; and 
(2) a period of 30 days has elapsed (excluding 
days of which either House of Congress is not in 
session) after the report is submitted under para-
graph (1).
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SEC. 718. ENTERPRISE RISK ASSESSMENT OF HEALTH IN-
FORMATION TECHNOLOGY PROGRAMS. 
(a) STUDY.—The Secretary of Defense shall conduct 
an enterprise risk assessment methodology study of all 
health information technology programs of the Depart-
ment of Defense. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report con-
taining the results of the study required under subsection 
(a). 
Subtitle C—Other Matters 
SEC. 721. IMPROVING AURAL PROTECTION FOR MEMBERS 
OF THE ARMED FORCES. 
(a) IN GENERAL.—In accordance with section 721 of 
the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4506), the Secretary of Defense shall examine methods 
to improve the aural protection for members of the Armed 
Forces in combat. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit 
to Congress a report on the methods to improve aural pro-
tection examined under subsection (a).
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SEC. 722. COMPREHENSIVE POLICY ON NEUROCOGNITIVE 
ASSESSMENT 
BY 
THE 
MILITARY 
HEALTH 
CARE SYSTEM. 
(a) COMPREHENSIVE POLICY REQUIRED.—Not later 
than September 30, 2011, the Secretary of Defense shall 
develop and implement a comprehensive policy on pre- and 
post-deployment neurocognitive assessment. 
(b) SCOPE OF POLICY.—The policy required by sub-
section (a) shall cover each of the following: 
(1) Require the administration of the same pre- 
deployment and post-deployment neurocognitive as-
sessments to all members of the military who are 
preparing to deploy or have returned from deploy-
ment. 
(2) Require the standardization of testing pro-
cedures for neurocognitive assessments. 
(3) Provide for follow-up neurocognitive assess-
ments 
as 
needed 
to 
create 
a 
longitudinal 
neurocognitive assessment record for the on-going 
care of members of the Armed Forces. 
(4) Ensure the neurocognitive assessment re-
sults and reports be made available to members of 
the Armed Forces and veterans for their personal 
use in health management.
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•HR 5136 EH1S 
(c) UPDATES.—The Secretary shall revise the policy 
required by subsection (a) on a periodic basis in accord-
ance with experience and evolving best practice guidelines. 
(d) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, and on Sep-
tember 30 of each year thereafter, the Secretary of 
Defense shall submit to the congressional defense 
committees a report on the policy required by sub-
section (a). 
(2) ELEMENTS.—Each report required by para-
graph (1) shall include the following: 
(A) A description of the policy imple-
mented under subsection (b), and any revisions 
to such policy under subsection (d). 
(B) A description of the performance 
measures used to determine the effectiveness of 
the 
policy 
in 
improving 
the 
use 
of 
neurocognitive assessments throughout the De-
partment of Defense. 
(e) COGNITIVE IMPAIRMENT SCREENINGS.—Until 
the comprehensive policy under subsection (a) is imple-
mented, the Secretary shall use the same cognitive screen-
ing tool for pre-deployment and post-deployment screening 
to compare new data to previous baseline data for the pur-
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•HR 5136 EH1S 
poses of detecting cognitive impairment (as described in 
section 1618(e)(6) of the Wounded Warrior Act (title XVI 
of Public Law 110–181; 10 U.S.C. 1071 note)) for each 
member of the Armed Forces— 
(1) who returns from a deployment in support 
of a contingency operation; and 
(2) who completed a neurocognitive assessment 
prior to the implementation of a new pre-deployment 
and post-deployment screening tool. 
(f) CONCLUSION OF STUDIES ON COGNITIVE ASSESS-
MENT TOOLS.—Not later than September 30, 2011, the 
Secretary of Defense shall complete any outstanding com-
parative studies on the effectiveness of various cognitive 
screening tools, including existing tools used for pre-de-
ployment and post-deployment screenings, for the imple-
mentation of the comprehensive policy under subsection 
(a). 
SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER. 
(a) DESIGNATION.—Not later than October 1, 2011, 
the Secretary of Defense may designate a center to be 
known as the ‘‘National Casualty Care Research Center’’ 
(in this section referred to as the ‘‘Center’’), which shall 
consist of the program known as the combat casualty care 
research program of the Army Medical Research and Ma-
teriel Command.
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•HR 5136 EH1S 
(b) DIRECTOR.—The Secretary, in consultation with 
the commanding general of the Army Medical Research 
and Materiel Command, shall appoint a director of the 
Center. 
(c) ACTIVITIES OF THE CENTER.—In addition to 
other functions performed by the combat casualty care re-
search program, the Center shall— 
(1) provide a public-private partnership for 
funding clinical and experimental studies in combat 
injury; 
(2) integrate laboratory and clinical research to 
hasten improvements in care to members of the 
Armed Forces who are injured; 
(3) ensure that data from both military and ci-
vilian entities, including the Joint Theater Trauma 
Registry and the National Trauma Data Bank, are 
optimally used to establish research agendas and 
measure improvements in outcomes; 
(4) fund the full range of injury research and 
evaluation, including— 
(A) laboratory, translational, and clinical 
research; 
(B) point of wounding and pre-hospital 
care; 
(C) early resuscitative management;
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•HR 5136 EH1S 
(D) initial and definitive surgical care; and 
(E) rehabilitation and reintegration into 
society; and 
(5) coordinate the collaboration of civilian and 
military institutions conducting trauma research. 
SEC. 724. REPORT ON FEASIBILITY OF STUDY ON BREAST 
CANCER AMONG FEMALE MEMBERS OF THE 
ARMED FORCES. 
(a) REPORT.—Not later than March 1, 2011, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on the feasibility of conducting 
a case-control study described in subsection (b). 
(b) CASE-CONTROL STUDY.—A case-control study de-
scribed in this subsection is a case-control study on the 
incidence of breast cancer among covered members in 
order to determine whether covered members were at an 
elevated risk of having breast cancer, including the fol-
lowing: 
(1) A determination of the number of covered 
members who have been diagnosed with breast can-
cer. 
(2) A sample of covered members who have not 
been diagnosed with breast cancer who could serve 
as an appropriate comparison group.
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•HR 5136 EH1S 
(3) A determination of demographic informa-
tion and potential breast cancer risk factors regard-
ing covered members who are included in the study, 
including— 
(A) race; 
(B) ethnicity; 
(C) age; 
(D) possible exposure to hazardous ele-
ments or chemical or biological agents (includ-
ing any vaccines) and where such exposure oc-
curred; 
(E) known breast cancer risk factors, in-
cluding familial, reproductive, and anthropo-
metric parameters; 
(F) the locations of duty stations that such 
member was assigned; 
(G) the locations in which such member 
was deployed; and 
(H) the geographic area of residence prior 
to deployment. 
(4) An analysis of the clinical characteristics of 
breast cancer diagnosed in covered members (includ-
ing the stage, grade, and other details of the can-
cer).
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(5) Other information the Secretary considers 
appropriate. 
(c) COVERED MEMBERS DEFINED.—In this section, 
the term ‘‘covered members’’ means female members of 
the Armed Forces (including members of the National 
Guard and reserve components) who served in Operation 
Enduring Freedom or Operation Iraqi Freedom. 
SEC. 725. ASSESSMENT OF POST-TRAUMATIC STRESS DIS-
ORDER BY MILITARY OCCUPATION. 
(a) ASSESSMENT.—The Secretary of Defense shall 
conduct an assessment of post-traumatic stress disorder 
incidence by military occupation, including identification 
of military occupations with a high incidence of such dis-
order. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report on the 
assessment under subsection (a). 
SEC. 726. VISITING NIH SENIOR NEUROSCIENCE FELLOW-
SHIP PROGRAM. 
(a) AUTHORITY TO ESTABLISH.—The Secretary of 
Defense may establish a program to be known as the Vis-
iting NIH Senior Neuroscience Fellowship Program at— 
(1) the Defense Advanced Research Projects 
Agency; and
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•HR 5136 EH1S 
(2) the Defense Center of Excellence for Psy-
chological Health and Traumatic Brain Injury. 
(b) ACTIVITIES OF THE PROGRAM.—In establishing 
the Visiting NIH Senior Neuroscience Fellowship Pro-
gram under subsection (a), the Secretary shall require the 
program to— 
(1) provide a partnership between the National 
Institutes of Health and the Defense Advanced Re-
search Projects Agency to enable identification and 
funding of the broadest range of innovative, highest 
quality clinical and experimental neuroscience stud-
ies for the benefit of members of the Armed Forces; 
(2) provide a partnership between the National 
Institutes of Health and the Defense Center of Ex-
cellence for Psychological Health and Traumatic 
Brain Injury that will enable identification and 
funding of clinical and experimental neuroscience 
studies for the benefit of members of the Armed 
Forces; 
(3) use the results of the studies described in 
paragraph (1) and (2) to enhance the mission of the 
National Institutes of Health for the benefit of the 
public; and 
(4) provide a military and civilian collaborative 
environment for neuroscience-based medical prob-
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•HR 5136 EH1S 
lem-solving in critical areas affecting both military 
and civilian life, particularly post-traumatic stress 
disorder. 
(c) PERIOD OF FELLOWSHIP.—The period of any fel-
lowship under the Program shall not last more than two 
years and shall not continue unless agreed upon by the 
parties concerned. 
SEC. 727. PILOT PROGRAM ON PAYMENT FOR TREATMENT 
OF MEMBERS OF THE ARMED FORCES AND 
VETERANS FOR TRAUMATIC BRAIN INJURY 
AND POST-TRAUMATIC STRESS DISORDER. 
(a) PAYMENT PROCESS.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall carry out a 
five-year pilot program under which each such Secretary 
shall establish a process through which each Secretary 
shall provide payment for treatments (including diagnostic 
testing) of traumatic brain injury or post-traumatic stress 
disorder received by members of the Armed Forces and 
veterans in health care facilities other than military treat-
ment facilities or Department of Veterans Affairs medical 
facilities. Such process shall provide that payment be 
made directly to the health care facility furnishing the 
treatment.
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•HR 5136 EH1S 
(b) CONDITIONS FOR PAYMENT.—The approval by a 
Secretary for payment for a treatment pursuant to sub-
section (a) shall be subject to the following conditions: 
(1) Any drug or device used in the treatment 
must be approved or cleared by the Food and Drug 
Administration for any purpose. 
(2) The treatment or study protocol used in 
treating the member or veteran must have been ap-
proved by an institutional review board operating in 
accordance with regulations issued by the Secretary 
of Health and Human Services. 
(3) The approved treatment or study protocol 
(including any patient disclosure requirements) must 
be used by the health care provider delivering the 
treatment. 
(4) The patient receiving the treatment or 
study protocol must demonstrate an improvement as 
a result of the treatment on one or more of the fol-
lowing: 
(A) Standardized independent pre-treat-
ment and post-treatment neuropsychological 
testing. 
(B) Accepted survey instruments. 
(C) Neurological imaging. 
(D) Clinical examination.
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•HR 5136 EH1S 
(5) The patient receiving the treatment or 
study protocol must be receiving the treatment vol-
untarily. 
(6) The patient receiving the treatment may not 
be a retired member of the uniformed services or of 
the Armed Forces who is entitled to benefits under 
part A, or eligible to enroll under part B, of title 
XVIII of the Social Security Act. 
(c) ADDITIONAL RESTRICTIONS PROHIBITED.—Ex-
cept as provided in this subsection (b), no restriction or 
condition for reimbursement may be placed on any health 
care provider that is operating lawfully under the laws of 
the State in which the provider is located with respect to 
the receipt of payment under this Act. 
(d) PAYMENT DEADLINE.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall make a pay-
ment for a treatment or study protocol pursuant to sub-
section (a) not later than 30 days after a member of the 
Armed Forces or veteran (or health care provider on be-
half of such member or veteran) submits to the Secretary 
documentation regarding the treatment or study protocol. 
The Secretary of Defense and the Secretary of Veterans 
Affairs shall ensure that the documentation required 
under this subsection may not be an undue burden on the
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•HR 5136 EH1S 
member of the Armed Forces or veteran or on the health 
care provider. 
(e) PAYMENT SOURCE.—Subsection (c)(1) of section 
1074 of title 10, United States Code, shall apply with re-
spect to the payment by the Secretary of Defense for 
treatment or study protocols pursuant to subsection (a) 
of traumatic brain injury and post-traumatic stress dis-
order received by members of the Armed Forces. 
(f) PAYMENT AMOUNT.—A payment under this Act 
shall be made at the equivalent Centers for Medicare and 
Medicaid Services reimbursement rate in effect for appro-
priate treatment codes for the State or territory in which 
the treatment or study protocol is received. If no such rate 
is in effect, payment shall be made at a fair market rate, 
as determined by the Secretary of Defense, in consultation 
with the Secretary of Health and Human Services, with 
respect to a patient who is a member of the Armed Forces 
or the Secretary of Veterans Affairs with respect to a pa-
tient who is a veteran. 
(g) DATA COLLECTION AND AVAILABILITY.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly 
develop and maintain a database containing data 
from each patient case involving the use of a treat-
ment under this section. The Secretaries shall en-
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•HR 5136 EH1S 
sure that the database preserves confidentiality and 
be made available only— 
(A) for third-party payer examination; 
(B) to the appropriate congressional com-
mittees and employees of the Department of 
Defense, the Department of Veterans Affairs, 
the Department of Health and Human Services, 
and appropriate State agencies; and 
(C) to the primary investigator of the insti-
tutional review board that approved the treat-
ment or study protocol, in the case of data re-
lating to a patient case involving the use of 
such treatment or study protocol. 
(2) ENROLLMENT IN INSTITUTIONAL REVIEW 
BOARD STUDY.—In the case of a patient enrolled in 
a registered institutional review board study, results 
may be publically distributable in accordance with 
the regulations prescribed pursuant to the Health 
Insurance Portability and Accountability Act of 
1996 (Public Law 104–191) and other regulations 
and practices in effect as of the date of the enact-
ment of this Act. 
(3) 
QUALIFIED
INSTITUTIONAL
REVIEW 
BOARDS.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall each ensure that the
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•HR 5136 EH1S 
Internet website of their respective departments in-
cludes a list of all civilian institutional review board 
studies that have received a payment under this Act. 
(h) ASSISTANCE FOR MEMBERS TO OBTAIN TREAT-
MENT.— 
(1) ASSIGNMENT TO TEMPORARY DUTY.—The 
Secretary of a military department may assign a 
member of the Armed Forces under the jurisdiction 
of the Secretary to temporary duty or allow the 
member a permissive temporary duty in order to 
permit the member to receive treatment or study 
protocol for traumatic brain injury or post-traumatic 
stress disorder, for which payments shall be made 
under subsection (a), at a location beyond reason-
able commuting distance of the member’s permanent 
duty station. 
(2) PAYMENT OF PER DIEM.—A member who is 
away from the member’s permanent station may be 
paid a per diem in lieu of subsistence in an amount 
not more than the amount to which the member 
would be entitled if the member were performing 
travel in connection with a temporary duty assign-
ment. 
(3) GIFT RULE WAIVER.—Notwithstanding any 
rule of any department or agency with respect to
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•HR 5136 EH1S 
ethics or the receipt of gifts, any assistance provided 
to a member of the Armed Forces with a service- 
connected injury or disability for travel, meals, or 
entertainment incidental to receiving treatment or 
study protocol under this Act, or for the provision 
of such treatment or study protocol, shall not be 
subject to or covered by any such rule. 
(i) RETALIATION PROHIBITED.—No retaliation may 
be made against any member of the Armed Forces or vet-
eran who receives treatment or study protocol as part of 
registered institutional review board study carried out by 
a civilian health care practitioner. 
(j) TREATMENT OF UNIVERSITY AND NATIONALLY 
ACCREDITED
INSTITUTIONAL
REVIEW
BOARDS.—For 
purposes of this Act, a university-affiliated or nationally 
accredited institutional review board shall be treated in the 
same manner as a Government institutional review board. 
(k) MEMORANDA OF UNDERSTANDING.—The Sec-
retary of Defense and the Secretary of Veterans Affairs 
shall seek to expeditiously enter into memoranda of under-
standings with civilian institutional review boards de-
scribed in subsection (j) for the purpose of providing for 
members of the Armed Forces and veterans to receive 
treatment carried out by civilian health care practitioners 
under a treatment or study protocol approved by and
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•HR 5136 EH1S 
under the oversight of civilian institutional review boards 
that would qualify for payment under this Act. 
(l) OUTREACH REQUIRED.— 
(1) OUTREACH TO VETERANS.—The Secretary 
of Veterans Affairs shall notify each veteran with a 
service-connected injury or disability of the oppor-
tunity to receive treatment or study protocol pursu-
ant to this Act. 
(2) OUTREACH TO MEMBERS OF THE ARMED 
FORCES.—The Secretary of Defense shall notify 
each member of the Armed Forces with a service- 
connected injury or disability of the opportunity to 
receive treatment or study protocol pursuant to this 
Act. 
(m) REPORT TO CONGRESS.—Not later than 30 days 
after the last day of each fiscal year during which the Sec-
retary of Defense and the Secretary of Veterans Affairs 
are authorized to make payments under this Act, the Sec-
retaries shall jointly submit to Congress an annual report 
on the implementation of this Act. Such report shall in-
clude each of the following for that fiscal year: 
(1) The number of individuals for whom the 
Secretary has provided payments under this Act. 
(2) The condition for which each such indi-
vidual receives treatment for which payment is pro-
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•HR 5136 EH1S 
vided under this Act and the success rate of each 
such treatment. 
(3) Treatment methods that are used by enti-
ties receiving payment provided under this Act and 
the respective rate of success of each such method. 
(4) The recommendations of the Secretaries 
with respect to the integration of treatment methods 
for which payment is provided under this Act into 
facilities of the Department of Defense and Depart-
ment of Veterans Affairs. 
(n) TERMINATION.—The authority to make a pay-
ment under this Act shall terminate on the date that is 
five years after the date of the enactment of this Act. 
(o) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this Act 
$10,000,000 for each fiscal year during which the Sec-
retary of Veterans Affairs and the Secretary of Defense 
are authorized to make payments under this Act. 
SEC. 728. POST-TRAUMATIC STRESS DISORDER COUN-
SELING FOR CIVILIAN VICTIMS OF THE FORT 
HOOD SHOOTING AND OTHER SIMILAR INCI-
DENTS. 
The Secretary of Defense shall make available to each 
civilian victim of a shooting on a military installation in 
the United States, including the shooting at Fort Hood
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•HR 5136 EH1S 
on November 5, 2009, extensive counseling for post-trau-
matic stress disorder. 
SEC. 729. SENSE OF CONGRESS CONCERNING THE IMPLE-
MENTATION 
OF 
THE 
CONGRESSIONALLY- 
MANDATED RECOMMENDATIONS OF THE IN-
STITUTE OF MEDICINE STUDY. 
(a) FINDINGS.—Congress finds the following: 
(1) Section 717 of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 
110–181; 10 U.S.C. 1073 note) directed the Sec-
retary of Defense to enter into a contract with the 
Institute of Medicine of the National Academy of 
Sciences to conduct a study and make recommenda-
tions regarding the credentials, preparation, and 
training of licensed mental health counselors. 
(2) In the study, the Institute of Medicine of 
the National Academy of Sciences recommends per-
mitting counselors to practice independently under 
the TRICARE program. 
(3) In addition, the Institute of Medicine of the 
National Academy of Sciences recommends that 
TRICARE implement a comprehensive quality man-
agement system for all of its mental health profes-
sionals.
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•HR 5136 EH1S 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense should implement the 
requirements of subsection (a) of such section 717 by not 
later than December 31, 2010, because such implementa-
tion will increase the urgently needed mental health staff 
of the Department of Defense and ensure that members 
of the Armed Forces will receive timely and confidential 
post-deployment screenings with a mental health profes-
sional. 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRAC-
TORS. 
(a) IN GENERAL.—Section 2320 of title 10, United 
States Code, is amended— 
(1) in subsection (c)(2)— 
(A) by inserting ‘‘or covered litigation sup-
port contractor’’ after ‘‘covered Government 
support contractor’’; and
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•HR 5136 EH1S 
(B) by inserting after ‘‘oversight of’’ the 
following: ‘‘, or preparation for litigation relat-
ing to,’’; and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) In this section, the term ‘covered litigation sup-
port contractor’ means a contractor (including an expert 
or technical consultant) under contract with the Depart-
ment of Defense to provide litigation support, which con-
tractor executes a contract with the Government agreeing 
to and acknowledging— 
‘‘(1) that proprietary or nonpublic technical 
data furnished will be accessed and used only for the 
purposes stated in that contract; 
‘‘(2) that the covered litigation support con-
tractor will take all reasonable steps to protect the 
proprietary and nonpublic nature of the technical 
data furnished to the covered litigation support con-
tractor; and 
‘‘(3) that such technical data provided to the 
covered litigation support contractor under the au-
thority of this section shall not be used by the cov-
ered litigation support contractor to compete against 
the third party for Government or non-Government 
contracts.’’.
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•HR 5136 EH1S 
quire the Secretary of Defense to conduct a reas-
sessment and take actions pursuant to such section 
2433a for such a subprogram upon enactment of 
this Act. The requirements of such section 2433a 
shall not be considered to be met with respect to 
such a subprogram in the event that additional pro-
grammatic changes, following the date of the enact-
ment of this Act, cause the program acquisition unit 
cost or procurement unit cost of such a subprogram 
to increase by a percentage equal to or greater than 
the critical cost growth threshold (as defined in sec-
tion 2433(a)(5) of such title) for the subprogram. 
SEC. 803. CONFORMING AMENDMENTS RELATING TO IN-
CLUSION 
OF 
MAJOR 
SUBPROGRAMS 
TO 
MAJOR DEFENSE ACQUISITION PROGRAMS 
UNDER VARIOUS ACQUISITION-RELATED RE-
QUIREMENTS. 
(a) 
CONFORMING
AMENDMENTS
TO
SECTION 
2366a.—Section 2366a of such title is amended— 
(1) in subsections (a), (b)(1), and (b)(2)— 
(A) by inserting ‘‘or designated major sub-
program’’ after ‘‘major defense acquisition pro-
gram’’; and 
(B) by inserting ‘‘or subprogram’’ after 
‘‘program’’ each place it appears (other than
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•HR 5136 EH1S 
after ‘‘major defense acquisition program’’, 
after ‘‘space program’’, before ‘‘requirements’’, 
and before ‘‘manager’’); and 
(2) in subsection (c)— 
(A) by redesignating paragraphs (2), (3), 
(4), and (5) as paragraphs (3), (4), (5), and 
(6), respectively; and 
(B) by inserting after paragraph (1) the 
following new paragraph (2): 
‘‘(2) The term ‘designated major subprogram’ 
means a major subprogram of a major defense ac-
quisition program as designated under section 
2430a(a)(1) of this title.’’. 
(b) 
CONFORMING
AMENDMENTS
TO
SECTION 
2366b.—Section 2366b of such title is amended— 
(1) in subsections (a), (b)(1), and (c)(1)— 
(A) by inserting ‘‘or designated major sub-
program’’ after ‘‘major defense acquisition pro-
gram’’; and 
(B) by inserting ‘‘or subprogram’’ after 
‘‘program’’ each place it appears (other than 
after ‘‘major defense acquisition program’’, 
after ‘‘future-years defense program’’, and after 
‘‘space program’’); and 
(2) in subsection (g)—
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•HR 5136 EH1S 
(A) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; and 
(B) by inserting after paragraph (1) the 
following new paragraph (2): 
‘‘(2) The term ‘designated major subprogram’ 
means a major subprogram of a major defense ac-
quisition program as designated under section 
2430a(a)(1) of this title.’’. 
(c) 
CONFORMING
AMENDMENTS
TO
SECTION 
2399.—Subsection (a) of section 2399 of such title is 
amended to read as follows: 
‘‘(a) CONDITION FOR PROCEEDING BEYOND LOW- 
RATE INITIAL PRODUCTION.—(1) The Secretary of De-
fense shall provide that a covered major defense acquisi-
tion program or a covered designated major subprogram 
may not proceed beyond low-rate initial production until 
initial operational test and evaluation of the program or 
subprogram is completed. 
‘‘(2) In this subsection: 
‘‘(A) The term ‘covered major defense acquisi-
tion program’ means a major defense acquisition 
program that involves the acquisition of a weapon 
system that is a major system within the meaning 
of that term in section 2302(5) of this title.
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‘‘(B) The term ‘covered designated major sub-
program’ means a major subprogram designated 
under section 2430a(a)(1) of this title that is a 
major subprogram of a covered major defense acqui-
sition program.’’. 
(d) 
CONFORMING
AMENDMENTS
TO
SECTION 
2434.—Section 2434(a) of such title is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 
Defense’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The provisions of this section shall apply to any 
major subprogram of a major defense acquisition program 
(as designated under section 2430a(a)(1) of this title) in 
the same manner as those provisions apply to a major de-
fense acquisition program, and any reference in this sec-
tion to a program shall be treated as including such a sub-
program.’’. 
SEC. 804. ENHANCEMENT OF DEPARTMENT OF DEFENSE 
AUTHORITY TO RESPOND TO COMBAT AND 
SAFETY EMERGENCIES THROUGH RAPID AC-
QUISITION AND DEPLOYMENT OF URGENTLY 
NEEDED SUPPLIES. 
(a) REQUIREMENT TO ESTABLISH PROCEDURES.— 
Subsection (a) of section 806 of the Bob Stump National
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Defense Authorization Act for Fiscal Year 2003 (10 
U.S.C. 2302 note) is amended by striking ‘‘items that 
are—’’ and inserting ‘‘supplies that are—’’. 
(b) ISSUES TO BE ADDRESSED.—Subsection (b) of 
such section is amended— 
(1) in paragraph (1)(B), by striking ‘‘items’’ 
and inserting ‘‘supplies’’; and 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘items’’ and inserting ‘‘sup-
plies’’; 
(B) in subparagraph (A), by striking ‘‘an 
item’’ and inserting ‘‘the supplies’’; 
(C) in subparagraph (B), by striking ‘‘an 
item’’ and inserting ‘‘the supplies’’; and 
(D) in subparagraph (C), by inserting 
‘‘and utilization’’ after ‘‘deployment’’. 
(c) RESPONSE
TO COMBAT EMERGENCIES.—Sub-
section (c) of such section is amended— 
(1) by striking ‘‘equipment’’ each place it ap-
pears and inserting ‘‘supplies’’; 
(2) by striking ‘‘combat capability’’ each place 
it appears; 
(3) by inserting ‘‘, or could result,’’ after ‘‘that 
has resulted’’ each place it appears;
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(4) by striking ‘‘fatalities’’ each place it appears 
and inserting ‘‘casualties’’; 
(5) in paragraphs (1) and (2)(A), by striking 
‘‘is’’ each place it appears and inserting ‘‘are’’; 
(6) in paragraph (3)— 
(A) by striking ‘‘The authority of this sec-
tion may not be used to acquire equipment in 
an 
amount 
aggregating 
more 
than 
$100,000,000 during any fiscal year.’’; and 
(B) by inserting ‘‘in an amount aggre-
gating no more than $200,000,000’’ after ‘‘for 
that fiscal year’’; 
(7) in paragraph (4), by striking ‘‘Each such 
notice’’ and inserting ‘‘For each such determination, 
the notice under the preceding sentence’’; and 
(8) in paragraph (5), by striking ‘‘that equip-
ment’’ and inserting ‘‘those supplies’’. 
(d) WAIVER OF CERTAIN STATUES AND REGULA-
TIONS.—Subsection (d)(1) of such section is amended by 
striking ‘‘equipment’’ in subparagraphs (A), (B), and (C) 
and inserting ‘‘supplies’’. 
(e) TESTING REQUIREMENT.—Subsection (e) of such 
section is amended— 
(1) in paragraph (1)—
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(A) by striking ‘‘an item’’ in the matter 
preceding subparagraph (A) and inserting ‘‘the 
supplies’’; and 
(B) in subparagraph (B), by striking ‘‘of 
the item’’ and all that follows through ‘‘require-
ments document’’ and inserting ‘‘of the supplies 
in meeting the original requirements for the 
supplies (as stated in a statement of the urgent 
operational need’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘an item’’ and inserting 
‘‘supplies’’; and 
(B) by striking ‘‘the item’’ and inserting 
‘‘the supplies’’; and 
(3) in paragraph (3)— 
(A) by striking ‘‘If items’’ and inserting 
‘‘If the supplies’’; and 
(B) by striking ‘‘items’’ each place it ap-
pears and inserting ‘‘supplies’’. 
(f) LIMITATION.—Subsection (f) of such section is 
amended to read as follows: 
‘‘(f) LIMITATION.—In the case of supplies that are 
part of a major system for which a low-rate initial produc-
tion quantity determination has been made pursuant to 
section 2400 of title 10, United States Code, the quantity
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of such supplies acquired using the procedures prescribed 
pursuant to this section may not exceed an amount con-
sistent with complying with limitations on the quantity of 
articles approved for low-rate initial production for such 
system. Any such supplies shall be included in any relevant 
calculation of quantities for low-rate initial production for 
the system concerned.’’. 
SEC. 805. PROHIBITION ON CONTRACTS WITH ENTITIES EN-
GAGING IN COMMERCIAL ACTIVITY IN THE 
ENERGY SECTOR OF IRAN. 
(a) PROHIBITION ON CONTRACTS.— 
(1) PROHIBITION.—The Secretary of Defense, 
beginning 90 days after the date of the enactment 
of this Act, may not enter into any contract with— 
(A) an entity that engages in commercial 
activity in the energy sector of Iran; or 
(B) a successor entity to the entity de-
scribed in subparagraph (A). 
(2) DEFINITION.—For purposes of this sub-
section, an entity engages in commercial activity in 
the energy sector of Iran if the entity, when entering 
into a contract with the Department of Defense for 
goods and services, fails to certify to the contracting 
officer that the entity does not engage in an activity 
for which sanctions may be imposed under section
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5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 
1701 note). 
(b) REMEDIES.— 
(1) IN GENERAL.—If the Secretary of Defense, 
in consultation with the Secretary of State, deter-
mines that an entity has submitted a false certifi-
cation under subsection (a)(2), the Secretary of De-
fense may terminate a contract with such entity or 
debar or suspend such entity from eligibility for De-
partment of Defense contracts for a period of not 
more than three years. Any such debarment or sus-
pension shall be subject to the procedures that apply 
to debarment and suspension under the Federal Ac-
quisition Regulation under subpart 9.4 of part 9 of 
title 48, Code of Federal Regulations. 
(2) INCLUSION ON LIST OF PARTIES EXCLUDED 
FROM FEDERAL PROCUREMENT AND NONPROCURE-
MENT
PROGRAMS.—The Administrator of General 
Services shall include on the List of Parties Ex-
cluded from Federal Procurement and Nonprocure-
ment Programs maintained by the Administrator 
under part 9 of the Federal Acquisition Regulation 
issued pursuant to section 25 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 421) each 
entity that is debarred, suspended, or proposed for
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debarment or suspension by the Secretary on the 
basis of a determination of a false certification 
under paragraph (1). 
(c) WAIVERS.— 
(1) AUTHORITY.—The Secretary of Defense 
may on a case by-case basis waive the requirement 
that an entity make a certification under subsection 
(a)(2) if the Secretary determines that it is in the 
interest of national security to do so. 
(2) 
CONTENTS
OF
CERTIFICATION.—Upon 
issuing a waiver under paragraph (1) with respect to 
an entity, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate 
and House of Representatives, the Committee on 
Foreign Relations of the Senate, and the Committee 
on Foreign Affairs of the House of Representatives 
a notification that identifies the entity involved, the 
nature of the contract, and the rationale for issuing 
the waiver.
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Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 811. EXTENSION OF AUTHORITY TO PROCURE CER-
TAIN FIBERS; LIMITATION ON SPECIFICA-
TION. 
(a) EXTENSION.—Section 829 of the National De-
fense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 229; 10 U.S.C. 2533a note) is amend-
ed in subsection (f) by striking ‘‘on the date that is five 
years after the date of the enactment of this Act’’ and 
inserting ‘‘on January 1, 2021’’. 
(b) PROHIBITION ON SPECIFICATION IN SOLICITA-
TIONS.—No solicitation issued before January 1, 2021, by 
the Department of Defense may include a requirement 
that proposals submitted pursuant to such solicitation 
must include the use of fire resistant rayon fiber. 
SEC. 812. SMALL ARMS PRODUCTION INDUSTRIAL BASE 
MATTERS. 
Section 2473 of title 10, United States Code, is 
amended— 
(1) in subsection (b), by striking ‘‘subsection 
(d)’’ and inserting ‘‘subsection (c)’’; 
(2) by striking subsection (c);
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(3) by redesignating subsections (d) and (e) as 
subsections (c) and (d), respectively; and 
(4) by adding at the end the following new sub-
section (e): 
‘‘(e) COMPETITIVE PROCEDURES.—If the Secretary 
determines under subsection (a) that the requirement to 
procure property or services described in subsection (b) 
for the Department of Defense from a firm in the small 
arms production industrial base is not necessary to pre-
serve such industrial base, any such procurement shall be 
awarded through the use of competitive procedures that 
afford such industrial base a fair opportunity to be consid-
ered for such procurement.’’. 
SEC. 813. ADDITIONAL DEFINITION RELATING TO PRODUC-
TION OF SPECIALTY METALS WITHIN THE 
UNITED STATES. 
Section 2533b(m) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(11) The term ‘produced’, as used in sub-
sections (a) and (b), means melted, or processed in 
a manner that results in physical or chemical prop-
erty changes that are the equivalent of melting. The 
term does not include finishing processes such as
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•HR 5136 EH1S 
rolling, heat treatment, quenching, tempering, grind-
ing, or shaving.’’. 
Subtitle C—Studies and Reports 
SEC. 821. STUDIES TO ANALYZE ALTERNATIVE MODELS 
FOR ACQUISITION AND FUNDING OF TECH-
NOLOGIES SUPPORTING NETWORK-CENTRIC 
OPERATIONS. 
(a) STUDIES REQUIRED.— 
(1) INDEPENDENT STUDY.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of Defense shall enter into a contract with 
an independent federally funded research and devel-
opment center to carry out a comprehensive study of 
policies, procedures, organization, and regulatory 
constraints affecting the acquisition of technologies 
supporting network-centric operations. The contract 
shall be funded from amounts appropriated pursuant 
to an authorization of appropriations in this Act or 
otherwise made available for fiscal year 2011 for op-
eration and maintenance for Defense-wide activities. 
(2) JOINT
CHIEFS
OF
STAFF
STUDY.—The 
Chairman of the Joint Chiefs of Staff shall carry out 
a comprehensive study of the same subjects covered 
by paragraph (1). The study shall be independent of 
the study required by paragraph (1) and shall be
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•HR 5136 EH1S 
carried out in conjunction with the military depart-
ments and in coordination with the Secretary of De-
fense. 
(b) MATTERS TO BE ADDRESSED.—Each study re-
quired by subsection (a) shall address the following mat-
ters: 
(1) Development of a system for understanding 
the various foundational components that contribute 
to network-centric operations, such as data trans-
port, processing, storage, data collection, and dis-
semination of information. 
(2) Determining how acquisition and funding 
programs that are in place as of the date of the en-
actment of this Act relate to the system developed 
under paragraph (1). 
(3) Development of acquisition and funding 
models using the system developed under paragraph 
(1), including— 
(A) a model under which a joint entity 
independent of any military department (such 
as the Joint Staff) is established with responsi-
bility and control of all funding for the acquisi-
tion of technologies for network-centric oper-
ations, and with authority to oversee the incor-
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•HR 5136 EH1S 
poration of such technologies into the acquisi-
tion programs of the military departments; 
(B) a model under which an executive 
agent is established to manage and oversee the 
acquisition of technologies for network-centric 
operations, but would not have exclusive control 
of the funding for such programs; 
(C) a model under which the acquisition 
and funding programs that are in place as of 
the date of the enactment of this Act are main-
tained; and 
(D) any other model that the entity car-
rying out the study considers relevant. 
(4) An analysis of each of the models developed 
under paragraph (3) with respect to potential bene-
fits in— 
(A) collecting, processing, and dissemi-
nating information; 
(B) network commonality; 
(C) common communications; 
(D) interoperability; 
(E) mission impact and success; and 
(F) cost-effectiveness. 
(5) An evaluation of each of the models devel-
oped under paragraph (3) with respect to feasibility,
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including identification of legal, policy, or regulatory 
barriers that may impede the implementation of 
such model. 
(c) REPORT REQUIRED.—Not later than September 
30, 2011, the Secretary of Defense shall submit to the 
congressional defense committees a report on the results 
of the studies required by subsection (a). The report shall 
include the findings and recommendations of the studies 
and any observations and comments that the Secretary 
considers appropriate. 
(d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 
this section, the term ‘‘network-centric operations’’ refers 
to the ability to exploit all human and technical elements 
of the Joint Force and mission partners through the full 
integration of collected information, awareness, knowl-
edge, experience, and decisionmaking, enabled by secure 
access and distribution, all to achieve agility and effective-
ness in a dispersed, decentralized, dynamic, or uncertain 
operational environment. 
SEC. 822. ANNUAL JOINT REPORT AND COMPTROLLER 
GENERAL REVIEW ON CONTRACTING IN IRAQ 
AND AFGHANISTAN. 
The National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 258; 10 
U.S.C. 2302 note) is amended by adding at the end of
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subtitle F of title VIII the following new section (and con-
forming the table of sections for such subtitle at the begin-
ning of title VIII and at the beginning of such Act accord-
ingly): 
‘‘SEC. 865. ANNUAL JOINT REPORT AND COMPTROLLER 
GENERAL REVIEW ON CONTRACTING IN IRAQ 
AND AFGHANISTAN. 
‘‘(a) JOINT REPORT REQUIRED.— 
‘‘(1) IN GENERAL.—Every 12 months, the Sec-
retary of Defense, the Secretary of State, and the 
Administrator of the United States Agency for 
International Development shall submit to the rel-
evant committees of Congress a joint report on con-
tracts in Iraq or Afghanistan. 
‘‘(2) MATTERS COVERED.—A report under this 
subsection shall, at a minimum, cover— 
‘‘(A) any significant developments or issues 
with respect to contracts in Iraq and Afghani-
stan during the reporting period; 
‘‘(B) the plans of the departments and 
agency for strengthening interagency coordina-
tion of contracts in Iraq and Afghanistan or in 
future contingency operations, including plans 
related to the common databases identified 
under section 861(b)(4);
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•HR 5136 EH1S 
‘‘(C) the desirability and feasibility of in-
cluding in the common databases identified 
under section 861(b)(4) information about con-
tracts subject to the regulations required by 
section 839 of the National Defense Authoriza-
tion Act for Fiscal Year 2011 (providing for ex-
tending and applying the requirements of sec-
tion 862 to additional areas designated or listed 
in that section 839); and 
‘‘(D) the penalties, if any, imposed by the 
departments and agency on contractors for fail-
ing to comply with requirements under section 
861(e), including requirements to provide infor-
mation for the common databases identified 
under section 861(b)(4). 
‘‘(3) REPORTING PERIOD.—A report under this 
subsection shall cover a period of not less than 12 
months. 
‘‘(4) SUBMISSION
OF
REPORTS.—The Secre-
taries and the Administrator shall submit an initial 
report under this subsection not later than February 
1, 2011, and shall submit an updated report by Feb-
ruary 1 of every year thereafter until February 1, 
2013. If the total annual amount of obligations for 
contracts in Iraq and Afghanistan combined is less
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•HR 5136 EH1S 
than $250 million for the reporting period, for the 
departments and agency combined, the Secretaries 
and the Administrator may submit a letter docu-
menting this in place of a report. 
‘‘(b) COMPTROLLER GENERAL REVIEW
AND RE-
PORT.— 
‘‘(1) IN GENERAL.—Within 180 days after sub-
mission of each annual joint report required under 
subsection (a), but in no case later than August 5 
of each year until 2013, the Comptroller General 
shall review the joint report and interagency coordi-
nation of contracting in Iraq and Afghanistan and 
submit to the relevant committees of Congress a re-
port on such review. 
‘‘(2) MATTERS COVERED.—A report under this 
subsection shall, at minimum— 
‘‘(A) review how the Department of De-
fense, the Department of State, and the United 
States Agency for International Development 
are using the data contained in the common 
databases identified under section 861(b)(4) in 
managing, overseeing, and coordinating con-
tracting in Iraq and Afghanistan; and 
‘‘(B) assess the plans of the departments 
and agency for strengthening interagency co-
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ordination of contracts in Iraq and Afghanistan 
or in future contingency operations, particularly 
any plans related to the common databases 
identified under section 861(b)(4). 
‘‘(3) ACCESS TO DATABASES AND OTHER IN-
FORMATION.—The Secretary of Defense, the Sec-
retary of State, and the Administrator of the United 
States Agency for International Development shall 
provide to the Comptroller General full access to in-
formation on contracts in Iraq and Afghanistan for 
the purposes of the review carried out under this 
subsection, including the common databases identi-
fied under section 861(b)(4).’’. 
SEC. 823. EXTENSION OF COMPTROLLER GENERAL REVIEW 
AND REPORT ON CONTRACTING IN IRAQ AND 
AFGHANISTAN. 
Section 863 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
258; 10 U.S.C. 2302 note) is amended by striking ‘‘2010’’ 
in subsection (a)(3) and inserting ‘‘2011’’. 
SEC. 824. INTERIM REPORT ON REVIEW OF IMPACT OF COV-
ERED SUBSIDIES ON ACQUISITION OF KC–45 
AIRCRAFT. 
(a) INTERIM REPORT.—The Secretary of Defense 
shall submit to the congressional defense committees an
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•HR 5136 EH1S 
interim report on any review of a covered subsidy initiated 
pursuant to subsection (a) of section 886 of the Duncan 
Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4561) not 
later than 60 days after the date of the initiation of the 
review. 
(b) REPORT CONTENTS.—The report required by 
subsection (a) shall contain detailed findings relating to 
the impact of the covered subsidy that led to the initiation 
of the review on the source selection process for the KC– 
45 Aerial Refueling Aircraft Program or any successor to 
such program and whether the covered subsidy would pro-
vide an unfair competitive advantage to any bidder in the 
source selection process. 
SEC. 825. REPORTS ON JOINT CAPABILITIES INTEGRATION 
AND DEVELOPMENT SYSTEM. 
(a) INDEPENDENT ANALYSES.— 
(1) IN GENERAL.—A comprehensive analysis of 
the Joint Capabilities Integration and Development 
System shall be independently performed by each of 
the following: 
(A) The Secretary of Defense. 
(B) A federally funded research and devel-
opment center selected by the Secretary of De-
fense.
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•HR 5136 EH1S 
(2) MATTERS COVERED.—Each such analysis 
shall— 
(A) evaluate the entire Joint Capabilities 
Integration and Development System and the 
problems associated with it, with particular em-
phasis on the problems relating to the length of 
time and the costs involved in identifying, as-
sessing, and validating joint military capability 
needs; and 
(B) identify the best solutions to the prob-
lems evaluated under subparagraph (A) and de-
velop recommendations to carry out those solu-
tions. 
(3) REPORTS.—Not later than 6 months after 
the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representa-
tives— 
(A) a report by the Secretary on the anal-
ysis performed by the Secretary under para-
graph (1), with particular emphasis on contin-
uous process improvement; and 
(B) a report by the federally funded re-
search and development center selected under 
paragraph (1)(B) on the analysis performed by
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•HR 5136 EH1S 
the center under paragraph (1), together with 
such comments as the Secretary considers nec-
essary on the report. 
(b) IMPLEMENTATION.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense— 
(A) shall develop and begin implementing a 
plan to address the problems with the Joint Ca-
pabilities Integration and Development System, 
taking into account the recommendations devel-
oped in the analyses required under subsection 
(a) and as part of a program to manage per-
formance in establishing joint military require-
ments; and 
(B) shall submit to the Committees on 
Armed Services of the Senate and the House of 
Representatives a report on the plan, including, 
at a minimum, a timeline, objectives, mile-
stones, and projected resource requirements. 
(2) REPORT
FORMAT.—The report required 
under paragraph (1)(B) may be included as part of 
any report relating to a program to manage per-
formance in establishing joint military requirements.
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Subtitle D—Other Matters 
SEC. 831. EXTENSION OF AUTHORITY FOR DEFENSE ACQUI-
SITION CHALLENGE PROGRAM. 
Section 2359b(k) of title 10, United States Code, is 
amended by striking ‘‘2012’’ and inserting ‘‘2017’’. 
SEC. 832. ENERGY SAVINGS PERFORMANCE CONTRACTS. 
(a) COMPETITION REQUIREMENTS FOR TASK OR DE-
LIVERY ORDERS UNDER ENERGY SAVINGS PERFORM-
ANCE CONTRACTS.—Section 801 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287) is amended by 
adding at the end the following: 
‘‘(c) TASK OR DELIVERY ORDERS.—(1) The head of 
a Federal agency may issue a task or delivery order under 
an energy savings performance contract by— 
‘‘(A) notifying all contractors that have received 
an award under such contract that the agency pro-
poses to discuss energy savings performance services 
for some or all of its facilities and, following a rea-
sonable period of time to provide a proposal in re-
sponse to the notice, soliciting from such contractors 
the submission of expressions of interest in, and con-
tractor qualifications for, performing site surveys or 
investigations and feasibility designs and studies, 
and including in the notice summary information 
concerning energy use for any facilities that the
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•HR 5136 EH1S 
agency has specific interest in including in such task 
or delivery order; 
‘‘(B) reviewing all expressions of interest and 
qualifications submitted pursuant to the notice 
under subparagraph (A); 
‘‘(C) selecting two or more contractors (from 
among those reviewed under subparagraph (B)) to 
conduct discussions concerning the contractors’ re-
spective qualifications to implement potential energy 
conservation measures, including— 
‘‘(i) requesting references and specific de-
tailed examples with respect to similar efforts 
and the resulting energy savings of such similar 
efforts; and 
‘‘(ii) requesting an explanation of how such 
similar efforts relate to the scope and content 
of the task or delivery order concerned; 
‘‘(D) selecting and authorizing— 
‘‘(i) more than one contractor (from 
among those selected under subparagraph (C)) 
to conduct site surveys, investigations, feasi-
bility designs and studies or similar assess-
ments for the energy savings performance con-
tract services (or for discrete portions of such 
services), for the purpose of allowing each such
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•HR 5136 EH1S 
contractor to submit a firm, fixed-price proposal 
to implement specific energy conservation meas-
ures; or 
‘‘(ii) one contractor (from among those se-
lected under subparagraph (C)) to conduct a 
site survey, investigation, a feasibility design 
and study or similar assessment for the purpose 
of allowing the contractor to submit a firm, 
fixed-price proposal to implement specific en-
ergy conservation measures; 
‘‘(E) providing a debriefing to any contractor 
not selected under subparagraph (D); 
‘‘(F) negotiating a task or delivery order for en-
ergy savings performance contracting services with 
the contractor or contractors selected under sub-
paragraph (D) based on the energy conservation 
measures identified; and 
‘‘(G) issuing a task or delivery order for energy 
savings performance contracting services to such 
contractor or contractors. 
‘‘(2) The issuance of a task or delivery order for en-
ergy savings performance contracting services pursuant to 
paragraph (1) is deemed to satisfy the task and delivery 
order competition requirements in section 2304c(d) of title 
10, United States Code, and section 303J(d) of the Fed-
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•HR 5136 EH1S 
eral Property and Administrative Services Act of 1949 (41 
U.S.C. 253j(d)). 
‘‘(3) The Secretary may issue guidance as necessary 
to agencies issuing task or delivery orders pursuant to 
paragraph (1).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) is inapplicable to task or delivery orders 
issued before the date of enactment of this Act. 
SEC. 833. CONSIDERATION OF SUSTAINABLE PRACTICES IN 
PROCUREMENT OF PRODUCTS AND SERV-
ICES. 
(a) CONSIDERATION OF SUSTAINABLE PRACTICES.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall develop and issue guidance directing the Sec-
retary of each military department and the head of 
each defense agency to consider sustainable practices 
in the procurement of products and services. Such 
guidance shall ensure that strategies for acquiring 
products or services to meet departmental or agency 
performance requirements favor products or services 
described in paragraph (2) if such products or serv-
ices can be acquired on a life cycle cost-neutral 
basis. 
(2) PRODUCTS
OR
SERVICES.—A product or 
service described in this paragraph is a product or
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•HR 5136 EH1S 
service that is energy-efficient, water-efficient, 
biobased, environmentally preferable, non-ozone-de-
pleting, contains recycled content, is non-toxic, or is 
less toxic than alternative products or services. 
(b) EXCEPTION.—Subsection (a) does not apply to 
the acquisition of weapon systems or components of weap-
on systems. 
SEC. 834. DEFINITION OF MATERIALS CRITICAL TO NA-
TIONAL SECURITY. 
Section 187 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘materials critical to national se-
curity’ means materials— 
‘‘(A) upon which the production or 
sustainment of military equipment is depend-
ent; and 
‘‘(B) the supply of which could be re-
stricted by actions or events outside the control 
of the Government of the United States. 
‘‘(2) The term ‘military equipment’ means 
equipment used directly by the armed forces to carry 
out military operations.’’.
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SEC. 835. DETERMINATION OF STRATEGIC OR CRITICAL 
RARE EARTH MATERIALS FOR DEFENSE AP-
PLICATIONS. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense shall undertake an assessment of the supply chain 
for rare earth materials and determine which, if any, rare 
earth materials are strategic materials and which rare 
earth materials are materials critical to national security. 
For the purposes of the assessment— 
(1) the Secretary may consider the views of 
other Federal agencies, as appropriate; 
(2) any study conducted by the Director, Indus-
trial Policy during fiscal year 2010 may be consid-
ered as partial fulfillment of the requirements of this 
section; 
(3) any study conducted by the Comptroller 
General of the United States during fiscal year 2010 
may be considered as partial fulfillment of the re-
quirements of this section; and 
(4) the Secretary shall consider the sources of 
rare earth materials (both in terms of source nations 
and number of vendors) including rare earth ele-
ments, rare earth metals, rare earth magnets, and 
other components containing rare earths. 
(b) PLAN.—In the event that the Secretary deter-
mines that a rare earth material is a strategic material
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•HR 5136 EH1S 
or a material critical to national security, the Secretary 
shall develop a plan to ensure the long-term availability 
of such rare earth material, with a goal of establishing 
domestic sources of such material by December 31, 2015. 
In developing the plan, the Secretary shall consider all rel-
evant components of the value-chain, including mining, 
processing, refining, and manufacturing. The plan shall 
include consideration of numerous options with respect to 
the material, including— 
(1) an assessment of including the material in 
the National Defense Stockpile; 
(2) in consultation with the United States 
Trade Representative, the identification of any trade 
practices known to the Secretary that limit the Sec-
retary’s ability to ensure the long-term availability of 
such material or the ability to meet the goal of es-
tablishing domestic sources of such material by De-
cember 31, 2015; 
(3) an assessment of the availability of financ-
ing to industry, academic institutions, or not-for- 
profit entities to provide the capacity required to en-
sure the availability of the material and potential 
mechanisms to increase the availability of such fi-
nancing;
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•HR 5136 EH1S 
(4) the benefits, if any, of Defense Production 
Act funding to support the establishment of a do-
mestic rare earth manufacturing capability for mili-
tary components; 
(5) funding for research and development of 
any aspect of the rare earth supply-chain; 
(6) any other risk mitigation method deter-
mined appropriate by the Secretary that is con-
sistent with the goal of establishing domestic sources 
by December 31, 2015; and 
(7) for components of the rare earth material 
supply-chain for which no other risk mitigation 
method, in accordance with paragraphs (1) through 
(6), will ensure the establishment of a domestic 
source by December 31, 2015, a specific plan to 
eliminate supply-chain vulnerability by the earliest 
date practicable. 
(c) REPORT.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
committees described in paragraph (2) a report con-
taining the findings of the assessment under sub-
section (a) and the plan (if any) developed under 
subsection (b).
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•HR 5136 EH1S 
(2) CONGRESSIONAL
COMMITTEES.—The con-
gressional committees described in this paragraph 
are as follows: 
(A) The congressional defense committees. 
(B) The Committee on Financial Services 
and the Committee on Ways and Means of the 
House of Representatives. 
(C) The Committee on Finance and the 
Committee on Banking, Housing, and Urban 
Affairs of the Senate. 
(d) DEFINITIONS.—In this section: 
(1) STRATEGIC
MATERIAL.—The term ‘‘stra-
tegic material’’ means a material— 
(A) which is essential for military equip-
ment; 
(B) which is unique in the function it per-
forms; and 
(C) for which there are no viable alter-
natives. 
(2) MATERIALS CRITICAL TO NATIONAL SECU-
RITY.—The term ‘‘materials critical to national secu-
rity’’ has the meaning provided by section 187(e) of 
title 10, United States Code, as amended by section 
827 of this Act.
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•HR 5136 EH1S 
SEC. 836. REVIEW OF NATIONAL SECURITY EXCEPTION TO 
COMPETITION. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall review the implementation by the Department of De-
fense of the national security exception to full and open 
competition provided in section 2304(c)(6) of title 10, 
United States Code. 
(b) MATTERS REVIEWED.—The review of the imple-
mentation of the national security exception required by 
subsection (a) shall include— 
(1) the pattern of usage of such exception by 
acquisition organizations within the Department to 
determine which organizations are commonly using 
the exception and the frequency of such usage; 
(2) the range of items or services being ac-
quired through the use of such exception; 
(3) the process for reviewing and approving jus-
tifications involving such exception; 
(4) whether the justifications for use of such 
exception typically meet the relevant requirements of 
the Federal Acquisition Regulation applicable to the 
use of such exception; 
(5) issues associated with follow-on procure-
ments for items or services acquired using such ex-
ception; and
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•HR 5136 EH1S 
(6) potential additional instances where such 
exception could be applied and any authorities avail-
able to the Department of Defense other than such 
exception that could be applied in such instances. 
(c) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and of the House of Representatives a report on 
the review required by subsection (a), including a discus-
sion of each of the matters specified in subsection (b). The 
report shall include any recommendations relating to the 
matters reviewed that the Secretary considers appropriate. 
The report shall be submitted in unclassified form but 
may include a classified annex. 
(d) REGULATIONS.— 
(1) REQUIREMENT.—Not later than 270 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
committees described in paragraph (2) draft regula-
tions on the implementation of the national security 
exception to full and open competition provided in 
section 2304(c)(6) of title 10, United States Code, 
taking into account the results of the review re-
quired by subsection (a).
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•HR 5136 EH1S 
(2) CONGRESSIONAL
COMMITTEES.—The con-
gressional committees described in this paragraph 
are the following: 
(A) The Committee on Armed Services and 
the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate. 
(B) The Committee on Armed Services and 
the Committee on Oversight and Government 
Reform of the House of Representatives. 
SEC. 837. INCLUSION OF BRIBERY IN DISCLOSURE RE-
QUIREMENTS OF THE FEDERAL AWARDEE 
PERFORMANCE AND INTEGRITY INFORMA-
TION SYSTEM. 
(a) INCLUSION OF BRIBERY IN DISCLOSURE RE-
QUIREMENTS.—Section 872(c) of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4556) is amended by 
adding at the end the following new paragraph: 
‘‘(8) To the maximum extent practical, informa-
tion similar to the information covered by paragraph 
(1) in connection with any law relating to bribery of 
a country which is a signatory of the Convention on 
Combating Bribery of Foreign Public Officials in 
International Business Transactions, signed at Paris 
on December 17, 1997.’’.
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•HR 5136 EH1S 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect not later than 90 days after 
the date of the enactment of this Act. 
SEC. 838. REQUIREMENT FOR ENTITIES WITH FACILITY 
CLEARANCES THAT ARE NOT UNDER FOR-
EIGN OWNERSHIP CONTROL OR INFLUENCE 
MITIGATION. 
(a) REQUIREMENT.—The Secretary of Defense shall 
require the directors of a covered entity to establish a gov-
ernment security committee that shall ensure that the cov-
ered entity employs and maintains policies and procedures 
that meet requirements under the national industrial secu-
rity program. 
(b) COVERED ENTITY.—A covered entity under this 
section is an entity— 
(1) to which the Department of Defense has 
granted a facility clearance; 
(2) that is not subject to foreign ownership con-
trol or influence mitigation measures; and 
(3) that is a corporation. 
(c) DISCRETIONARY REQUIREMENT.—The Secretary 
of Defense may require that the requirement in subsection 
(a) apply to an entity that meets the elements described 
in paragraphs (1) and (2) of subsection (b) and is a lim-
ited liability company, sole proprietorship, nonprofit cor-
423 
•HR 5136 EH1S 
poration, partnership, academic institution, or any other 
entity holding a facility clearance. 
(d) GUIDANCE.—The Secretary of Defense shall de-
velop implementing guidance for the requirement in sub-
section (a). 
(e) GOVERNMENT SECURITY COMMITTEE.—For the 
purposes of this section, a government security committee 
is a subcommittee of a covered entity’s board of directors, 
made up of resident United States citizens, that is respon-
sible for ensuring that the covered entity complies with 
the requirements of the national industrial security pro-
gram. 
SEC. 839. REPORT RELATED TO MINORITY-OWNED, WOMEN- 
OWNED, 
AND 
DISADVANTAGED-OWNED 
SMALL BUSINESSES. 
Not later than December 1, 2010, the Secretary of 
Defense shall provide to the Congressional Black Caucus 
a report that includes a list of minority-owned, women- 
owned, and disadvantaged-owned small businesses that re-
ceive contracts resulting from authorized funding to the 
Department of Defense. The list shall cover the 10 cal-
endar years preceding the date of the enactment of this 
Act and shall include, for each listed business, the name 
of the business and the business owner and the amount 
of the contract award.
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•HR 5136 EH1S 
SEC. 840. DEFENSE INDUSTRIAL BASE PRIORITY FOR RARE 
EARTH NEODYMIUM IRON BORON MAGNETS. 
(a) FINDINGS.—Congress finds the following: 
(1) There is an urgent need to restore the 
United States capability to manufacture sintered ne-
odymium iron boron magnets for use in defense ap-
plications and there is an urgent need to eliminate 
the domestic supply-chain vulnerability related to 
these key materials in the defense supply-chain. 
(2) An April 14, 2010 report by the Govern-
ment Accountability Office entitled ‘‘Rare Earth Ma-
terials in the 
Defense 
Supply 
Chain’’ 
dem-
onstrates— 
(A) the ‘‘United States is not currently 
producing neodymium iron boron magnets,’’ a 
key rare earth material; 
(B) that future availability of neodymium 
is largely controlled by Chinese suppliers; 
(C) that alternatives to rare earth mate-
rials could reduce the demand and dependence 
on rare earth materials in 10 to 15 years, but 
these materials might not meet current applica-
tion requirements; 
(D) where rare earth materials are used in 
defense systems, the materials are responsible 
for the functionality of the component and
425 
•HR 5136 EH1S 
would be difficult to replace without losing per-
formance; 
(E) fin actuators used in precision-guided 
munitions are specifically designed around the 
capabilities of neodymium iron boron rare earth 
magnets, which are primarily available from 
Chinese suppliers; 
(F) the DDG–51 Hybrid Electric Drive 
Ship Program uses permanent-magnet motors 
using neodymium magnets from China; and 
(G) future generations of some defense 
system components, such as transmit and re-
ceive modules for radars, will continue to de-
pend on rare earth materials. 
(3) The United States has the technological ca-
pability to restore its neodymium iron boron manu-
facturing capability. 
(4) Worldwide supplies or rare earth materials, 
including neodymium, are expected to tighten signifi-
cantly within the next 3–5 years. 
(5) A domestic effort to restore domestic sin-
tered neodymium iron boron magnet manufacturing 
capability, including efforts to qualify those magnets 
for use in defense applications, will take between 3–
426 
•HR 5136 EH1S 
5 years and should begin immediately to avoid fu-
ture weapon system delivery disruption. 
(b) REQUIREMENT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall sub-
mit to the Committees on Armed Services of the House 
of Representatives and the Senate a plan to establish a 
domestic source of sintered neodymium iron boron 
magnets for use in the defense supply chain. 
(c) 
SINTERED
NEODYMIUM
IRON
BORON 
MAGNETS.—For the purposes of subsection (b), the capa-
bility to manufacture sintered neodymium iron boron 
magnets includes the alloying, pressing, and sintering of 
magnet materials. It does not include manufacturing 
magnets from standard shapes or imported blocks of neo-
dymium. The Secretary’s plan shall not allow the grinding 
or reprocessing of neodymium to be considered a ‘‘domes-
tic source of sintered neodymium iron boron magnets’’. 
SEC. 841. SENSE OF CONGRESS REGARDING COST SAVINGS 
THROUGH REDUCTIONS IN WASTE, FRAUD, 
AND ABUSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The Secretary of Defense has undertaken 
meaningful efforts to eliminate waste, fraud, and 
abuse through contractor oversight and new policies
427 
•HR 5136 EH1S 
and procedures aimed at increasing emphasis on eth-
ics, governance, and fraud prevention. 
(2) The Government Accountability Office re-
port dated December 16, 2009, on the status of 
3,099 recommendations made to the Department of 
Defense by the Government Accountability Office be-
tween 2001 and 2008, indicates that the Depart-
ment of Defense has implemented 1,871, or 61 per-
cent, of the recommendations. 
(3) The Government Accountability Office esti-
mates that the implementation of these rec-
ommendations yielded the Federal Government a 
savings of $89 billion from 2001 through 2007, 
averaging $12.7 billion in annual financial benefit. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) there is potential for additional and signifi-
cant cost savings through further reductions by the 
Secretary of Defense in waste, fraud, and abuse, 
particularly with regard to contracting processes; 
and 
(2) the Secretary of Defense should make im-
plementation of the remaining Government Account-
ability Office recommendations an utmost priority of 
the Department of Defense.
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•HR 5136 EH1S 
SEC. 842. PROCUREMENT OF ARTICLES, MATERIALS, AND 
SUPPLIES FOR USE OUTSIDE THE UNITED 
STATES. 
(a) REQUIREMENT.—In procuring articles, materials, 
or supplies for use outside of the United States, including 
procurements for military construction projects, the De-
partment of Defense shall solicit bids from United States 
sources. 
(b) EXCEPTION.—Subsection (a) shall not apply if 
the articles, materials, or supplies to be procured are— 
(1) not mined, produced, or manufactured in 
the United States in sufficient and reasonably avail-
able quantities; 
(2) needed on an urgent basis and not acquired 
on a regular basis; or 
(3) perishable, or will otherwise degrade be-
cause of the time involved in shipping. 
SEC. 843. ADDITIONAL INFORMATION ON WAIVERS UNDER 
BUY AMERICAN ACT BY DEPARTMENT OF DE-
FENSE REQUIRED TO BE INCLUDED IN AN-
NUAL REPORT. 
Section 812 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 
2501 note) is amended in subsection (c)(2)(A) by striking 
clause (vi) and inserting the following:
429 
•HR 5136 EH1S 
‘‘(v) An itemized list of all waivers granted 
with respect to such articles, materials, or sup-
plies under the Buy American Act (41 U.S.C. 
10a et seq.), including— 
‘‘(I) an analysis of the domestic ca-
pacity to supply the articles, materials, or 
supplies; and 
‘‘(II) an analysis of the reasons for an 
increase or decrease in the number of 
waivers granted from fiscal year to fiscal 
year.’’. 
SEC. 844. REQUIREMENT TO INCLUDE EFFECTS ON DOMES-
TIC JOBS IN PERIODIC ASSESSMENTS OF DE-
FENSE CAPABILITY. 
Section 2505(b)(4) of title 10, United States Code, 
is amended by inserting after ‘‘title)’’ the following: ‘‘, in-
cluding the effects on domestic jobs,’’. 
SEC. 845. EXTENSION OF REGULATIONS ON CONTRACTORS 
PERFORMING 
PRIVATE 
SECURITY 
FUNC-
TIONS. 
(a) EXTENSION OF REGULATIONS.— 
(1) IN GENERAL.—The Secretary of Defense, in 
coordination with the Secretary of State, shall issue 
regulations to extend and apply the requirements of 
section 862 of the National Defense Authorization
430 
•HR 5136 EH1S 
Act for Fiscal Year 2008 (Public Law 110–181; 10 
U.S.C. 2302 note) to additional areas as designated 
under paragraph (2) and as listed in paragraph (3). 
(2) ADDITIONAL
AREAS
DESIGNATED.—The 
Secretary of Defense shall designate as additional 
areas for purposes of this section any area— 
(A) that is an area within a foreign coun-
try or an area covering all or part of more than 
one foreign country; 
(B) that is not an area of combat oper-
ations as designated under subsection (c) of 
section 862 of such Act; and 
(C) in which significant military oper-
ations, as designated by the Secretary, are 
being carried out by United States Armed 
Forces. 
(3) ADDITIONAL AREAS LISTED.—In addition 
to any areas designated by the Secretary under 
paragraph (2), the following areas shall be consid-
ered additional areas listed in this paragraph for 
purposes of this section: 
(A) The Horn of Africa region. 
(B) Yemen. 
(C) The Philippines. 
(D) Haiti.
431 
•HR 5136 EH1S 
(b) EXTENSION TIMELINES.—The Secretary shall 
prescribe regulations applicable to the additional areas— 
(1) designated under subsection (a)(2), not 
later than March 1, 2012; and 
(2) listed in subsection (a)(3), not later than 
March 1, 2011. 
(c) REPORT ON IMPLEMENTATION.—Not later than 
90 days after the dates specified in subsection (b), the 
Secretary of Defense, in coordination with the Secretary 
of State, shall submit to Congress a report on the imple-
mentation of the regulations prescribed under this section. 
The report shall include— 
(1) a complete list of additional areas des-
ignated by the Secretary under subsection (a)(2), 
and a detailed description of the criteria used to 
make the designation; 
(2) the total number of contractors performing 
private security functions in each additional area 
designated under subsection (a)(2) or listed in sub-
jection (a)(3); and 
(3) an assessment of the long-term options for 
reducing the use of contractors for private security 
functions, including the use of Government per-
sonnel to provide such functions.
432 
•HR 5136 EH1S 
(d) 
PRIVATE
SECURITY
FUNCTIONS.—Notwith-
standing section 864 of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181), as 
amended by section 813 of the National Defense Author-
ization Act for Fiscal Year 2010 (Public Law 111–84), 
in this section, the term ‘‘private security functions’’ 
means activities engaged in by a contractor as follows: 
(1) Guarding of personnel, facilities, or prop-
erty of a Federal agency. 
(2) Any other activity for which personnel are 
required to carry weapons in the performance of 
their duties. 
SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES. 
(a) CONTRACT REQUIREMENT.—The Secretary of 
Defense shall ensure that each contract awarded by the 
Department of Defense that includes the procurement of 
photovoltaic devices, including contracts described in sub-
section (b), includes a provision requiring the photovoltaic 
devices to comply with the Buy American Act (41 U.S.C. 
10a et seq.). 
(b) CONTRACTS DESCRIBED.—The contracts de-
scribed in this subsection include, but are not limited to, 
energy savings performance contracts, utility service con-
tracts, land leases, and private housing contracts.
433 
•HR 5136 EH1S 
(c) DEFINITION
OF PHOTOVOLTAIC DEVICES.—In 
this section, the term ‘‘photovoltaic devices’’ means devices 
that convert light directly into electricity through a solid- 
state, semiconductor process. 
SEC. 847. REQUIREMENT FOR CONTRACTS IN IRAQ AND AF-
GHANISTAN TO USE EMPLOYEES AND NOT 
INDEPENDENT CONTRACTORS FOR PRIVATE 
SECURITY SERVICES. 
(a) REQUIREMENT.—Any contract in Iraq or Afghan-
istan for the procurement of private security services shall 
contain a requirement that, in the case of any contractor 
using individuals who are United States citizens and re-
quired to have a United States security clearance to per-
form private security services under the contract, the con-
tractor shall use employees and not independent contrac-
tors for the provision of such services. 
(b) CONTRACT IN IRAQ OR AFGHANISTAN.—In this 
section, the term ‘‘contract in Iraq or Afghanistan’’ means 
a contract with the Department of Defense, the Depart-
ment of State, or the United States Agency for Inter-
national Development, a subcontract at any tier issued 
under such a contract, or a task order or delivery order 
at any tier issued under such a contract (including a con-
tract, subcontract, or task order or delivery order issued 
by another Government agency for the Department of De-
434 
•HR 5136 EH1S 
fense, the Department of State, or the United States 
Agency for International Development), if the contract, 
subcontract, or task order or delivery order involves work 
performed in Iraq or Afghanistan for a period longer than 
14 days. 
(c) PRIVATE SECURITY SERVICES.—In this section, 
the term ‘‘private security services’’ means activities en-
gaged in by a contractor under a contract in Iraq or Af-
ghanistan and includes— 
(1) guarding of personnel, facilities, or property 
of a Federal agency, the contractor or subcontractor, 
or a third party; 
(2) any other activity for which personnel are 
required to carry weapons in the performance of 
their duties; and 
(3) training in any activity covered by para-
graph (1) or (2). 
(d) WAIVER AUTHORITY.—The Secretary of Defense, 
the Secretary of State, or the Administrator of the United 
States Agency for International Development may waive 
the requirement in subsection (a) with respect to a con-
tract of the Department of Defense, the Department of 
State, or the United States Agency for International De-
velopment, respectively, if the Secretary concerned or the 
Administrator—
435 
•HR 5136 EH1S 
(1) determines in writing that a waiver is nec-
essary in the interests of national security; and 
(2) submits to Congress a notification of such 
waiver. 
SEC. 848. CONSIDERATION OF UNFAIR COMPETITIVE AD-
VANTAGE IN EVALUATION OF OFFERS FOR 
KC–X AERIAL REFUELING AIRCRAFT PRO-
GRAM. 
(a) REQUIREMENT TO CONSIDER UNFAIR COMPETI-
TIVE ADVANTAGE.—In awarding a contract for the KC– 
X aerial refueling aircraft program (or any successor to 
that program), the Secretary of Defense shall, in evalu-
ating any offers submitted to the Department of Defense 
in response to a solicitation for offers for such program, 
consider any unfair competitive advantage that an offeror 
may possess. 
(b) REPORT.—Not later than 60 days after submis-
sion of offers in response to any such solicitation, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on any unfair competitive advantage 
that any offeror may possess. 
(c) REQUIREMENT TO TAKE FINDINGS INTO AC-
COUNT IN AWARD OF CONTRACT.—In awarding a contract 
for the KC–X aerial refueling aircraft program (or any 
successor to that program), the Secretary of Defense shall
436 
•HR 5136 EH1S 
take into account the findings of the report submitted 
under subsection (b). 
(d) UNFAIR COMPETITIVE ADVANTAGE.—In this sec-
tion, the term ‘‘unfair competitive advantage’’, with re-
spect to an offer for a contract, means a situation in which 
the cost of development, production, or manufacturing is 
not fully borne by the offeror for such contract. 
SEC. 849. DEBARMENT OF BP AND ITS SUBSIDIARIES. 
(a) CONTRACTS WITH BP AND ITS SUBSIDIARIES.— 
If the Secretary of Defense determines that BP or any 
of its subsidiaries performing any contract with the De-
partment of Defense is no longer a responsible source (as 
defined in section 2302 of title 10, United States Code), 
the Secretary shall determine, not later than 90 days after 
making such determination, whether BP or its subsidi-
aries should be debarred from contracting with the De-
partment of Defense. 
(b) DEBAR.—In this section, the term ‘‘debar’’ has 
the meaning given that term by section 2393(c) of title 
10, United States Code. 
SEC. 850. OFFICE OF FEDERAL PROCUREMENT POLICY ACT 
AMENDMENTS. 
(a) SERVICE
CONTRACT
INVENTORY
REQUIRE-
MENT.—
437 
•HR 5136 EH1S 
(1) IN GENERAL.—The Office of Federal Pro-
curement Policy Act (41 U.S.C. 403 et seq.) is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 45. SERVICE CONTRACT INVENTORY REQUIREMENT. 
‘‘(a) SERVICE
CONTRACT
INVENTORY
REQUIRE-
MENT.— 
‘‘(1) GUIDANCE.—The Director of the Office of 
Management and Budget shall develop and dissemi-
nate guidance to aid executive agencies in estab-
lishing systems for the collection of information re-
quired to meet the requirements of this section and 
to ensure consistency of inventories across agencies. 
‘‘(2) REPORT.—The Director of the Office of 
Management and Budget shall submit a report to 
Congress on the status of efforts to enable executive 
agencies to prepare the inventories required under 
paragraph (3), including the development, as appro-
priate, of guidance, methodologies, and technical 
tools. 
‘‘(3) INVENTORY
CONTENTS.—Not later than 
December 31, 2010, and annually thereafter, the 
head of each executive agency required to submit an 
inventory in accordance with the Federal Activities 
Inventory Reform Act of 1998 (Public Law 105–
438 
•HR 5136 EH1S 
270; 31 U.S.C. 501 note), other than the Depart-
ment of Defense, shall submit to the Office of Man-
agement and Budget an annual inventory of service 
contracts awarded or extended through the exercise 
of an option or a task order, for or on behalf of such 
agency. For each service contract, the entry for an 
inventory under this section shall include, for the 
preceding fiscal year, the following: 
‘‘(A) A description of the services pur-
chased by the executive agency and the role the 
services played in achieving agency objectives, 
regardless of whether such a purchase was 
made through a contract or task order. 
‘‘(B) The organizational component of the 
executive agency administering the contract, 
and the organizational component of the agency 
whose requirements are being met through con-
tractor performance of the service. 
‘‘(C) The total dollar amount obligated for 
services under the contract and the funding 
source for the contract. 
‘‘(D) The total dollar amount invoiced for 
services under the contract. 
‘‘(E) The contract type and date of award.
439 
•HR 5136 EH1S 
‘‘(F) The name of the contractor and place 
of performance. 
‘‘(G) The number and work location of 
contractor and subcontractor employees, ex-
pressed as full-time equivalents for direct labor, 
compensated under the contract, using direct 
labor hours and associated cost data collected 
from contractors. 
‘‘(H) Whether the contract is a personal 
services contract. 
‘‘(I) Whether the contract was awarded on 
a noncompetitive basis, regardless of date of 
award. 
‘‘(b) FORM.—Reports required under this section 
shall be submitted in unclassified form, but may include 
a classified annex. 
‘‘(c) PUBLICATION.—Not later than 30 days after the 
date on which the inventory under subsection (a)(3) is re-
quired to be submitted to the Office of Management and 
Budget, the head of each executive agency shall— 
‘‘(1) make the inventory available to the public; 
and 
‘‘(2) publish in the Federal Register a notice 
that the inventory is available to the public.
440 
•HR 5136 EH1S 
‘‘(d) GOVERNMENT-WIDE INVENTORY REPORT.—Not 
later than 90 days after the deadline for submitting inven-
tories under subsection (a)(3), and annually thereafter, 
the Director of the Office of Management and Budget 
shall submit to Congress and make publicly available on 
the Office of Management and Budget website a report 
on the inventories submitted. The report shall identify 
whether each agency required to submit an inventory 
under subsection (a)(3) has met such requirement and 
summarize the information submitted by each executive 
agency required to have a Chief Financial Officer pursu-
ant to section 901 of title 31, United States Code. 
‘‘(e) REVIEW AND PLANNING REQUIREMENTS.—Not 
later than 180 days after the deadline for submitting in-
ventories under subsection (a)(3) for an executive agency, 
the head of the executive agency, or an official designated 
by the agency head shall— 
‘‘(1) review the contracts and information in 
the inventory; 
‘‘(2) ensure that— 
‘‘(A) each contract in the inventory that is 
a personal services contract has been entered 
into, and is being performed, in accordance with 
applicable laws and regulations;
441 
•HR 5136 EH1S 
‘‘(B) the contracts do not include to the 
maximum extent practicable functions that are 
closely associated with inherently governmental 
functions; 
‘‘(C) the agency is not using contractor 
employees to perform inherently governmental 
functions; 
‘‘(D) the agency has specific safeguards 
and monitoring systems in place to ensure that 
work being performed by contractors has not 
changed or expanded during performance to be-
come an inherently governmental function; 
‘‘(E) the agency is not using contractor 
employees to perform critical functions in such 
a way that could affect the ability of the agency 
to maintain control of its mission and oper-
ations; and 
‘‘(F) there are sufficient internal agency 
resources to manage and oversee contracts ef-
fectively; 
‘‘(3) identify contracts that have been poorly 
performed, as determined by a contracting officer, 
because of excessive costs or inferior quality; and 
‘‘(4) identify contracts that should be consid-
ered for conversion to—
442 
•HR 5136 EH1S 
‘‘(A) performance by Federal employees of 
the executive agency in accordance with agency 
insourcing guidelines required under section 
736 of the Financial Services and General Gov-
ernment Appropriations Act, 2009 (Public Law 
111–8, division D) and section 46 of this Act; 
or 
‘‘(B) an alternative acquisition approach 
that would better enable the agency to effi-
ciently utilize its assets and achieve its public 
mission. 
‘‘(f) REPORT ON ACTIONS TAKEN IN RESPONSE TO 
ANNUAL INVENTORY.—Not later than one year after sub-
mitting an annual inventory under subsection (a)(3), the 
head of each executive agency submitting such an inven-
tory shall submit to the Office of Management and Budget 
a report summarizing the actions taken pursuant to sub-
section (e), including any actions taken to consider and 
convert functions from contractor to Federal employee 
performance. The report shall be included as an attach-
ment to the next annual inventory and made publicly 
available in accordance with subsection (c). 
‘‘(g) SUBMISSION OF SERVICE CONTRACT INVEN-
TORY
BEFORE
PUBLIC-PRIVATE
COMPETITION.—Not-
withstanding any other provision of law, beginning in fis-
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cal year 2011, if an executive agency has not submitted 
to the Office of Management and Budget the inventory 
required under subsection (a)(3) for the prior fiscal year, 
the agency may not begin, plan for, or announce a study 
or public-private competition regarding the conversion to 
contractor performance of any function performed by Fed-
eral employees pursuant to Office of Management and 
Budget Circular A–76 or any other administrative regula-
tion or directive until such time as the inventory is sub-
mitted for the prior fiscal year. 
‘‘(h) GAO REPORTS ON IMPLEMENTATION.— 
‘‘(1) REPORT ON GUIDANCE.—Not later than 
120 days after submission of the report by the Di-
rector of the Office of Management and Budget re-
quired under subsection (a)(2), the Comptroller Gen-
eral of the United States shall report on the guid-
ance issued and actions taken by the Director. The 
report shall be submitted to the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on Appropriations of the Senate and 
the Committee on Oversight and Government Re-
form and the Committee on Appropriations of the 
House of Representatives. 
‘‘(2) REPORTS ON INVENTORIES.—
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•HR 5136 EH1S 
‘‘(A) INITIAL INVENTORY.—Not later than 
September 30, 2011, the Comptroller General 
of the United States shall submit a report to 
the Committees named in the preceding para-
graph on the initial implementation by executive 
agencies of the inventory requirement in sub-
section (a)(3) with respect to inventories re-
quired to be submitted by December 31, 2010. 
‘‘(B) SECOND INVENTORY.—Not later than 
September 30, 2012, the Comptroller General 
shall submit a report to the same Committees 
on annual inventories required to be submitted 
by December 31, 2011. 
‘‘(3) PERIODIC
BRIEFINGS.—The Comptroller 
General shall provide periodic briefings, as may be 
requested by the Committees, on matters related to 
implementation of this section. 
‘‘(i) EXECUTIVE AGENCY DEFINED.—In this section, 
the term ‘executive agency’ has the meaning given the 
term in section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions in section 1 of such Act is amended by adding 
at the end the following new item: 
‘‘Sec. 45. Service contract inventory requirement.’’.
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•HR 5136 EH1S 
(3) REPEAL
OF
SUPERSEDED
LAW.—Section 
743(c) of the Financial Services and General Gov-
ernment Appropriations Act, 2010 (Public Law 
111–117; 123 Stat. 3216) is amended by striking 
‘‘and annually thereafter,’’. 
(b) PROHIBITION AGAINST DIRECT CONVERSIONS.— 
(1) IN GENERAL.—Section 43(a)(1) of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 
439) is amended by striking ‘‘10 or more’’. 
(2) GUIDANCE.—Not later than 60 days after 
the date of the enactment of this Act, the Director 
of the Office of Management and Budget shall issue 
guidance to all Federal agencies other than the De-
partment of Defense to ensure that no function last 
performed by Federal employees is converted to con-
tractor performance without complying with the re-
quirements of section 43 of such Act, as amended by 
this section. 
(c) GUIDELINES ON INSOURCING NEW AND CON-
TRACTED OUT FUNCTIONS.— 
(1) IN GENERAL.—The Office of Federal Pro-
curement Policy Act (41 U.S.C. 403 et seq.), as 
amended by subsection (a), is further amended by 
adding at the end the following new section:
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•HR 5136 EH1S 
‘‘SEC. 46. GUIDELINES ON INSOURCING NEW AND CON-
TRACTED OUT FUNCTIONS. 
‘‘(a) GUIDELINES REQUIRED.—(1) The heads of ex-
ecutive agencies subject to the Federal Activities Inventory 
Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 
note) shall devise and implement guidelines and proce-
dures to ensure that consideration is given to using, on 
a regular basis, Federal employees to perform new func-
tions and functions that are performed by contractors and 
could be performed by Federal employees. 
‘‘(2) The guidelines and procedures required under 
subparagraph (A) may not include any specific limitation 
or restriction on the number of functions or activities that 
may be converted to performance by Federal employees. 
‘‘(b) SPECIAL CONSIDERATION FOR CERTAIN FUNC-
TIONS.—The guidelines and procedures required under 
paragraph (1) shall provide for special consideration to be 
given to using Federal employees to perform any function 
that— 
‘‘(1) is performed by a contractor and— 
‘‘(A) has been performed by Federal em-
ployees at any time during the previous 10 
years; 
‘‘(B) is a function closely associated with 
the performance of an inherently governmental 
function;
447 
•HR 5136 EH1S 
‘‘(C) has been performed pursuant to a 
contract awarded on a non-competitive basis; or 
‘‘(D) has been performed poorly, as deter-
mined by a contracting officer during the 5- 
year period preceding the date of such deter-
mination, because of excessive costs or inferior 
quality; or 
‘‘(2) is a new requirement, with particular em-
phasis given to a new requirement that is similar to 
a function previously performed by Federal employ-
ees or is a function closely associated with the per-
formance of an inherently governmental function. 
‘‘(c) EXCLUSION
OF CERTAIN FUNCTIONS FROM 
COMPETITIONS.—The head of an executive agency may 
not conduct a public-private competition under Office of 
Management and Budget Circular A–76 or any other pro-
vision of law or regulation before— 
‘‘(1) in the case of a new agency function, as-
signing the performance of the function to Federal 
employees; 
‘‘(2) in the case of any agency function de-
scribed in paragraph (2), converting the function to 
performance by Federal employees; or
448 
•HR 5136 EH1S 
‘‘(3) in the case of an agency function per-
formed by Federal employees, expanding the scope 
of the function. 
‘‘(d) DEADLINE.—(1) The head of each executive 
agency shall implement the guidelines and procedures re-
quired under this subsection by not later than 120 days 
after the date of the enactment of this subsection. 
‘‘(2) Not later than 210 days after the date of 
the enactment of this subsection, the Government 
Accountability Office shall submit a report on the 
implementation of this subsection to the Committees 
on Appropriations of the House of Representatives 
and the Senate, the Committee on Oversight and 
Government Reform of the House of Representa-
tives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
‘‘(e) DEFINITIONS.—In this subsection: 
‘‘(1) The term ‘inherently governmental func-
tions’ has the meaning given such term in subpart 
7.5 of part 7 of the Federal Acquisition Regulation. 
‘‘(2) The term ‘functions closely associated with 
inherently governmental functions’ means the func-
tions described in section 7.503(d) of the Federal 
Acquisition Regulation.
449 
•HR 5136 EH1S 
‘‘(f) APPLICABILITY.—This subsection shall not apply 
to the Department of Defense.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions in section 1 of such Act, as amended by sub-
section (a), is further amended by adding at the end 
the following new item: 
‘‘Sec. 46. Guidelines on insourcing new and contracted out functions.’’. 
(3) REPEAL OF SUPERSEDED LAW.—Subsection 
(b) of section 739 of division D of the Consolidated 
Appropriations Act, 2008 (Public Law 110–161; 
121 Stat. 2030) is repealed. 
(d) CONVERSION OF FUNCTIONS TO PERFORMANCE 
BY FEDERAL EMPLOYEES.— 
(1) DECISION
TO
INSOURCE.—The Office of 
Management and Budget shall not establish any nu-
merical goal, target, or quota for the conversion to 
performance by Federal employees of functions pre-
viously performed by contractors unless such goal, 
target, or quota is based on considered research and 
analysis. 
(2) REPORTS.— 
(A) REPORT TO CONGRESS.—The Office of 
Management and Budget shall submit to Con-
gress a report on the aggregate results of the 
efforts of each Federal agency to convert func-
tions from contractor performance to perform-
451 
•HR 5136 EH1S 
SEC. 851. REQUIREMENT TO JUSTIFY THE USE OF FACTORS 
OTHER THAN COST OR PRICE AS THE PRE-
DOMINATE FACTORS IN EVALUATING COM-
PETITIVE PROPOSALS FOR DEFENSE PRO-
CUREMENT CONTRACTS. 
(a) REQUIREMENT.—Subparagraph (A) of section 
2305(a)(2) of title 10, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of clause (i); 
and 
(2) by inserting after clause (ii) the following 
new clause: 
‘‘(iii) in the case of a solicitation in which 
factors other than cost or price when combined 
are more important than cost or price, the rea-
sons why assigning at least equal importance to 
cost or price would not better serve the Govern-
ment’s interest; and’’. 
(b) REPORT.—Section 2305(a)(3) of such title is 
amended by adding at the end the following new subpara-
graph: 
‘‘(C) Not later than 180 days after the end of each 
fiscal year, the Secretary of Defense shall submit to Con-
gress, and post on a publicly available website of the De-
partment of Defense, a report describing the solicitations 
for which a statement pursuant to paragraph (2)(A)(iii) 
was included.’’.
452 
•HR 5136 EH1S 
SEC. 852. PENALTIES ON CONTRACTORS NOT PROVIDING 
INFORMATION 
TO 
DATABASES 
ON 
CON-
TRACTS IN IRAQ AND AFGHANISTAN. 
Section 861 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
2302 note) is amended by adding at the end the following 
new subsection: 
‘‘(e) PENALTIES.—Any contract in Iraq or Afghani-
stan entered into or modified after September 1, 2011, 
shall include a clause requiring the imposition of a pen-
alty, by the department or agency awarding the contract, 
on any contractor that does not comply with requirements 
under this section, including requirements in the memo-
randum of understanding required by subsection (a), to 
provide information for the common databases identified 
under subsection (b)(4), including updating the informa-
tion required. The penalty shall consist of the withholding 
of award and incentive fees.’’.
453 
•HR 5136 EH1S 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense 
Management 
SEC. 901. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE 
CORPS.— 
(1) REDESIGNATION
OF
MILITARY
DEPART-
MENT.—The military department designated as the 
Department of the Navy is redesignated as the De-
partment of the Navy and Marine Corps. 
(2) 
REDESIGNATION
OF
SECRETARY
AND 
OTHER STATUTORY OFFICES.— 
(A) SECRETARY.—The position of the Sec-
retary of the Navy is redesignated as the Sec-
retary of the Navy and Marine Corps. 
(B) OTHER
STATUTORY
OFFICES.—The 
positions of the Under Secretary of the Navy, 
the four Assistant Secretaries of the Navy, and 
the General Counsel of the Department of the 
Navy are redesignated as the Under Secretary
454 
•HR 5136 EH1S 
of the Navy and Marine Corps, the Assistant 
Secretaries of the Navy and Marine Corps, and 
the General Counsel of the Department of the 
Navy and Marine Corps, respectively. 
(b) CONFORMING
AMENDMENTS
TO
TITLE
10, 
UNITED STATES CODE.— 
(1) 
DEFINITION
OF
‘‘MILITARY
DEPART-
MENT’’.—Paragraph (8) of section 101(a) of title 
10, United States Code, is amended to read as fol-
lows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the 
Navy and Marine Corps, and the Department of the 
Air Force.’’. 
(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as 
follows: ‘‘The Department of the Navy and Marine 
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking 
‘‘There is a Secretary of the Navy’’ and inserting 
‘‘There is a Secretary of the Navy and Marine 
Corps’’. 
(4) CHAPTER HEADINGS.—
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•HR 5136 EH1S 
(A) The heading of chapter 503 of such 
title is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such 
title is amended to read as follows: 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.— 
(A) Title 10, United States Code, is 
amended by striking ‘‘Department of the Navy’’ 
and ‘‘Secretary of the Navy’’ each place they 
appear other than as specified in paragraphs 
(1), (2), (3), and (4) (including in section head-
ings, subsection captions, tables of chapters, 
and tables of sections) and inserting ‘‘Depart-
ment of the Navy and Marine Corps’’ and ‘‘Sec-
retary of the Navy and Marine Corps’’, respec-
tively, in each case with the matter inserted to 
be in the same typeface and typestyle as the 
matter stricken. 
(B)(i) 
Sections 
5013(f), 
5014(b)(2), 
5016(a), 5017(2), 5032(a), and 5042(a) of 
such title are amended by striking ‘‘Assistant
456 
•HR 5136 EH1S 
Secretaries of the Navy’’ and inserting ‘‘Assist-
ant Secretaries of the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in 
the table of sections at the beginning of chapter 
503 of such title, are each amended by insert-
ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 
with the matter inserted in each case to be in 
the same typeface and typestyle as the matter 
amended. 
(c) OTHER PROVISIONS OF LAW AND OTHER REF-
ERENCES.— 
(1) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘De-
partment of the Navy’’ and ‘‘Secretary of the Navy’’ 
each place they appear and inserting ‘‘Department 
of the Navy and Marine Corps’’ and ‘‘Secretary of 
the Navy and Marine Corps’’, respectively. 
(2) OTHER
REFERENCES.—Any reference in 
any law other than in title 10 or title 37, United 
States Code, or in any regulation, document, record, 
or other paper of the United States, to the Depart-
ment of the Navy shall be considered to be a ref-
erence to the Department of the Navy and Marine 
Corps. Any such reference to an office specified in
457 
•HR 5136 EH1S 
subsection (b)(2) shall be considered to be a ref-
erence to that officer as redesignated by that sec-
tion. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first 
day of the first month beginning more than 60 days after 
the date of the enactment of this Act. 
SEC. 902. REALIGNMENT OF THE ORGANIZATIONAL STRUC-
TURE OF THE OFFICE OF THE SECRETARY OF 
DEFENSE TO CARRY OUT THE REDUCTION 
REQUIRED BY LAW IN THE NUMBER OF DEP-
UTY UNDER SECRETARIES OF DEFENSE. 
(a) REDESIGNATION OF CERTAIN POSITIONS IN THE 
OFFICE OF THE SECRETARY OF DEFENSE.—Positions in 
the Office of the Secretary of Defense of the Department 
of Defense are hereby redesignated as Assistant Secre-
taries of Defense as follows: 
(1) The Director of Defense Research and En-
gineering is redesignated as the Assistant Secretary 
of Defense for Research and Engineering. 
(2) The Director of Operational Energy Plans 
and Programs is redesignated as the Assistant Sec-
retary of Defense for Operational Energy Plans and 
Programs.
458 
•HR 5136 EH1S 
(3) The Director of Cost Assessment and Pro-
gram Evaluation is redesignated as the Assistant 
Secretary of Defense for Cost Assessment and Pro-
gram Evaluation. 
(4) The Assistant to the Secretary of Defense 
for Nuclear and Chemical and Biological Defense 
Programs is redesignated as the Assistant Secretary 
of Defense for Nuclear, Chemical, and Biological 
Defense Programs. 
(b) AMENDMENTS TO CHAPTER 4 OF TITLE 10 RE-
LATING TO REALIGNMENT.—Chapter 4 of title 10, United 
States Code, is amended as follows: 
(1) REPEAL OF SEPARATE DEPUTY UNDER SEC-
RETARY PROVISIONS.—The following sections are re-
pealed: 133a, 134a, and 136a. 
(2) COMPONENTS OF OSD.—Section 131(b) is 
amended to read as follows: 
‘‘(b) The Office of the Secretary of Defense is 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.
459 
•HR 5136 EH1S 
‘‘(B) The Under Secretary of Defense for 
Policy. 
‘‘(C) The Under Secretary of Defense 
(Comptroller). 
‘‘(D) The Under Secretary of Defense for 
Personnel and Readiness. 
‘‘(E) The Under Secretary of Defense for 
Intelligence. 
‘‘(3) The Deputy Chief Management Officer of 
the Department of Defense. 
‘‘(4) The Principal Deputy Under Secretaries of 
Defense. 
‘‘(5) The Assistant Secretaries of Defense. 
‘‘(6) Other officers who are appointed by the 
President, by and with the advice and consent of the 
Senate, as follows: 
‘‘(A) The Director of Operational Test and 
Evaluation. 
‘‘(B) The General Counsel of the Depart-
ment of Defense. 
‘‘(C) The Inspector General of the Depart-
ment of Defense. 
‘‘(7) Other officials provided for by law, as fol-
lows:
460 
•HR 5136 EH1S 
‘‘(A) The official designated under section 
1501(a) of this title to have responsibility for 
Department of Defense matters relating to 
missing persons as set forth in section 1501 of 
this title. 
‘‘(B) The official designated under section 
2228(a)(2) of this title to have responsibility for 
Department of Defense policy related to the 
prevention and mitigation of corrosion of the 
military equipment and infrastructure of the 
Department of Defense and for directing the 
activities of the Office of Corrosion Policy and 
Oversight. 
‘‘(C) The officials designated under sub-
sections (a) and (b) of section 2438(a) of this 
title to have responsibility, respectively, for de-
velopmental test and evaluation and for systems 
engineering. 
‘‘(D) The official designated under section 
2438a(a) of this title to have responsibility for 
conducting and overseeing performance assess-
ments and root cause analyses for major de-
fense acquisition programs.
461 
•HR 5136 EH1S 
‘‘(E) The Director of Small Business Pro-
grams, provided for under section 2508 of this 
title. 
‘‘(8) Such other offices and officials as may be 
established by law or the Secretary of Defense may 
establish or designate in the Office.’’. 
(3) PRINCIPAL
DEPUTY
UNDER
SECRETARIES 
OF DEFENSE.—Section 137a is amended— 
(A) in subsections (a)(1), (b), and (d), by 
striking ‘‘Deputy Under’’ each place it appears 
and inserting ‘‘Principal Deputy Under’’; 
(B) in subsection (a)(2), by striking ‘‘(A) 
The’’ and all that follows through ‘‘(5) of sub-
section (c)’’ and inserting ‘‘The Principal Dep-
uty Under Secretaries of Defense’’; 
(C) in subsection (c)— 
(i) by striking ‘‘One of the Deputy’’ in 
paragraphs (1), (2), (3), (4), and (5) and 
inserting ‘‘One of the Principal Deputy’’; 
(ii) by striking ‘‘appointed’’ and all 
that follows through ‘‘this title’’ in para-
graphs (1), (2), and (3); 
(iii) by striking ‘‘shall be’’ in para-
graphs (4) and (5) and inserting ‘‘is’’; and
462 
•HR 5136 EH1S 
(iv) by adding at the end of para-
graph (5) the following new sentence: ‘‘Any 
individual nominated for appointment as 
the Principal Deputy Under Secretary of 
Defense for Intelligence shall have exten-
sive intelligence expertise.’’; and 
(D) by adding at the end of subsection (d) 
the following new sentence: ‘‘The Principal 
Deputy Under Secretaries take precedence 
among themselves in the order prescribed by 
the Secretary of Defense.’’. 
(4) ASSISTANT SECRETARIES OF DEFENSE.— 
Section 138 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘12’’ and inserting 
‘‘17’’; and 
(ii) by striking ‘‘(A) The’’ and all that 
follows through ‘‘The other’’ and inserting 
‘‘The’’; 
(B) in subsection (b)— 
(i) by striking ‘‘shall be’’ in para-
graphs (2), (3), (4), (5), and (6) and in-
serting ‘‘is’’;
463 
•HR 5136 EH1S 
(ii) by striking ‘‘appointed pursuant 
to section 138a of this title’’ in paragraph 
(7); and 
(iii) by adding at the end the fol-
lowing new paragraphs: 
‘‘(8) One of the Assistant Secretaries is the Assistant 
Secretary of Defense for Research and Engineering. In 
addition to any duties and powers prescribed under para-
graph (1), the Assistant Secretary of Defense for Research 
and Engineering shall have the duties specified in section 
138b of this title. 
‘‘(9) One of the Assistant Secretaries is the Assistant 
Secretary of Defense for Operational Energy Plans and 
Programs. In addition to any duties and powers prescribed 
under paragraph (1), the Assistant Secretary of Defense 
for Operational Energy Plans and Programs shall have 
the duties specified in section 138c of this title. 
‘‘(10) One of the Assistant Secretaries is the Assist-
ant Secretary of Defense for Cost Assessment and Pro-
gram Evaluation. In addition to any duties and powers 
prescribed under paragraph (1), the Assistant Secretary 
of Defense for Cost Assessment and Program Evaluation 
shall have the duties specified in section 138d of this title. 
‘‘(11) One of the Assistant Secretaries is the Assist-
ant Secretary of Defense for Nuclear, Chemical, and Bio-
464 
•HR 5136 EH1S 
logical Defense Programs. In addition to any duties and 
powers prescribed under paragraph (1), the Assistant Sec-
retary of Defense for Nuclear, Chemical, and Biological 
Defense Programs shall have the duties specified in sec-
tion 138e of this title.’’; and 
(C) in subsection (d), by striking ‘‘and the 
Director of Defense Research and Engineering’’ 
and inserting ‘‘the Deputy Chief Management 
Officer of the Department of Defense, and the 
Principal Deputy Under Secretaries of De-
fense’’. 
(5) ASSISTANT SECRETARY FOR LOGISTICS AND 
MATERIEL READINESS.—Section 138a(a) is amend-
ed— 
(A) by striking ‘‘There is a’’ and inserting 
‘‘The’’; and 
(B) by striking ‘‘, appointed from civilian 
life by the President, by and with the advice 
and consent of the Senate. The Assistant Sec-
retary’’. 
(6) ASSISTANT SECRETARY FOR RESEARCH AND 
ENGINEERING.—Section 139a is transferred so as to 
appear after section 138a, redesignated as section 
138b, and amended— 
(A) by striking subsection (a);
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•HR 5136 EH1S 
(B) by redesignating subsections (b) and 
(c) as subsections (a) and (b), respectively; 
(C) in subsection (a), as so redesignated, 
by striking ‘‘Director of Defense’’ and inserting 
‘‘Assistant Secretary of Defense for’’; and 
(D) in subsection (b), as so redesignated— 
(i) in paragraph (1), by striking ‘‘Di-
rector of Defense Research and Engineer-
ing, in consultation with the Director of 
Developmental Test and Evaluation’’ and 
inserting ‘‘Assistant Secretary of Defense 
for Research and Engineering, in consulta-
tion with the official designated under sec-
tion 2438(a) of this title to have responsi-
bility for developmental test and evaluation 
functions’’; and 
(ii) in paragraph (2), by striking ‘‘Di-
rector’’ and inserting ‘‘Assistant Sec-
retary’’. 
(7) ASSISTANT SECRETARY FOR OPERATIONAL 
ENERGY PLANS AND PROGRAMS.—Section 139b is 
transferred so as to appear after section 138b (as 
transferred and redesignated by paragraph (6)), re-
designated as section 138c, and amended—
466 
•HR 5136 EH1S 
(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)’’. 
(8) ASSISTANT SECRETARY FOR COST ASSESS-
MENT AND PROGRAM EVALUATION.—Section 139c is 
transferred so as to appear after section 138c (as 
transferred and redesignated by paragraph (7)), re-
designated as section 138d, and amended—
467 
•HR 5136 EH1S 
(A) by striking subsection (a); 
(B) by redesignating subsection (b) as sub-
section (a) and in that subsection— 
(i) striking ‘‘Director of’’ in para-
graph (1) and inserting ‘‘Assistant Sec-
retary of Defense for’’; and 
(ii) striking ‘‘Director’’ each place it 
appears in paragraphs (1)(A), (1)(B), and 
(2) and inserting ‘‘Assistant Secretary’’; 
(C) by striking subsection (c) and inserting 
the following: 
‘‘(b) RESPONSIBILITY FOR SPECIFIED FUNCTIONS.— 
There shall be within the office of the Assistant Secretary 
the following: 
‘‘(1) An official with primary responsibility for 
cost assessment. 
‘‘(2) An official with primary responsibility for 
program evaluation.’’; and 
(D) by redesignating subsection (d) as sub-
section (c) and in that subsection striking ‘‘Di-
rector of’’ in the matter preceding paragraph 
(1) and inserting ‘‘Assistant Secretary of De-
fense for’’. 
(9) ASSISTANT
SECRETARY
FOR
NUCLEAR, 
CHEMICAL, AND BIOLOGICAL DEFENSE PROGRAMS.—
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•HR 5136 EH1S 
Section 142 is transferred so as to appear after sec-
tion 138d (as redesignated and transferred by para-
graph (8)), redesignated as section 138e, and 
amended— 
(A) by striking subsection (a); 
(B) by striking ‘‘(b) The Assistant to the 
Secretary’’ and inserting ‘‘The Assistant Sec-
retary of Defense for Nuclear, Chemical, and 
Biological Defense Programs’’; and 
(C) by striking subsection (c). 
(c) OTHER AMENDMENTS TO CHAPTER 4 OF TITLE 
10.—Chapter 4 of title 10, United States Code, is further 
amended as follows: 
(1) OFFICE
OF
THE
SECRETARY
OF
DE-
FENSE.—Section 131(a) is amended by striking 
‘‘his’’ and inserting ‘‘the Secretary’s’’. 
(2) DEPUTY
SECRETARY.—Section 132 is 
amended by striking the second sentence of sub-
section (c). 
(3) DEPUTY CHIEF MANAGEMENT OFFICER.— 
Such chapter is further amended by inserting after 
section 132 the following new section: 
‘‘§ 132a. Deputy Chief Management Officer 
‘‘(a) There is a Deputy Chief Management Officer of 
the Department of Defense, appointed from civilian life
469 
•HR 5136 EH1S 
by the President, by and with the advice and consent of 
the Senate. 
‘‘(b) The Deputy Chief Management Officer assists 
the Deputy Secretary of Defense in the Deputy Sec-
retary’s capacity as Chief Management Officer of the De-
partment of Defense under section 132(c) of this title. 
‘‘(c) The Deputy Chief Management Officer takes 
precedence in the Department of Defense after the Sec-
retary of Defense, the Deputy Secretary of Defense, the 
Secretaries of the military departments, and the Under 
Secretaries of Defense.’’. 
(4) UNDER
SECRETARY
OF
DEFENSE
(COMP-
TROLLER).—Section 135(c) is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(d) REPEAL
OF POSITION TITLES SPECIFIED
BY 
LAW FOR STATUTORY POSITIONS RELATING TO DEVEL-
OPMENTAL TEST AND EVALUATION AND SYSTEMS ENGI-
NEERING.— 
(1) TRANSFER OF SECTION FROM CHAPTER 4 
TO PROGRAMMATIC CHAPTER.—Section 139d of title 
10, United States Code, is transferred to chapter 
144, inserted after section 2437, and redesignated 
as section 2438.
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•HR 5136 EH1S 
(2) DIRECTOR OF DEVELOPMENTAL TEST AND 
EVALUATION.—Subsection (a) of such section is 
amended— 
(A) by striking ‘‘(a) DIRECTOR OF’’ and all 
that follows through paragraph (3) and insert-
ing the following: 
‘‘(a) DEVELOPMENTAL TEST AND EVALUATION.— 
‘‘(1) DESIGNATION
OF
RESPONSIBLE
OFFI-
CIAL.—The Secretary of Defense shall designate, 
from among individuals with expertise in test and 
evaluation, an official to be responsible to the Sec-
retary and the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics for develop-
mental test and evaluation in the Department of De-
fense. 
‘‘(2) SUPERVISION.—The official designated 
under paragraph (1) shall report directly to an offi-
cial of the Department appointed from civilian life 
by the President, by and with the advice and consent 
of the Senate.’’; 
(B) by redesignating paragraphs (4), (5), 
(6), and (7) as paragraphs (3), (4), (5), and 
(6), respectively; 
(C) in paragraph (3), as so redesignated, 
by striking DIRECTOR OF SYSTEMS ENGINEER-
471 
•HR 5136 EH1S 
ING’’ and all that follows through ‘‘Director of 
Systems Engineering’’ and inserting ‘‘SYSTEMS 
ENGINEERING.—The official designated under 
paragraph (1) shall closely coordinate with the 
official designated under subsection (b)’’; 
(D) in paragraph (4), as so redesignated, 
by striking ‘‘Director’’ in the matter preceding 
subparagraph (A) and inserting ‘‘official des-
ignated under paragraph (1)’’; 
(E) in paragraph (5), as so redesignated— 
(i) by striking ‘‘Director has’’ and in-
serting ‘‘official designated under para-
graph (1) has’’; 
(ii) by striking ‘‘Director considers’’ 
and inserting ‘‘designated official con-
siders’’; and 
(iii) by striking ‘‘the Director’s du-
ties’’ and inserting ‘‘that official’s duties’’; 
and 
(F) in paragraph (6), as so redesignated, 
by striking ‘‘serving as the Director of Develop-
mental Test and Evaluation’’ and inserting ‘‘of-
ficial designated under paragraph (1)’’. 
(3) DIRECTOR
OF
SYSTEMS
ENGINEERING.— 
Subsection (b) of such section is amended—
472 
•HR 5136 EH1S 
(A) by striking ‘‘(b) DIRECTOR OF’’ and all 
that follows through paragraph (3) and insert-
ing the following: 
‘‘(b) SYSTEMS ENGINEERING.— 
‘‘(1) DESIGNATION
OF
RESPONSIBLE
OFFI-
CIAL.—The Secretary of Defense shall designate, 
from among individuals with expertise in systems en-
gineering, an official to be responsible to the Sec-
retary and the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics for systems en-
gineering and development planning in the Depart-
ment of Defense. 
‘‘(2) SUPERVISION.—The official designated 
under paragraph (1) shall report directly to an offi-
cial of the Department appointed from civilian life 
by the President, by and with the advice and consent 
of the Senate.’’; 
(B) by redesignating paragraphs (4), (5), 
and (6) as paragraphs (3), (4), and (5), respec-
tively; 
(C) in paragraph (3), as so redesignated, 
by striking ‘‘DIRECTOR
OF
DEVELOPMENTAL 
TEST AND EVALUATION’’ and all that follows 
through ‘‘Director of Developmental Test And 
Evaluation’’ and inserting ‘‘DEVELOPMENTAL
473 
•HR 5136 EH1S 
TEST
AND
EVALUATION.—The official des-
ignated under paragraph (1) shall closely co-
ordinate with the official designated under sub-
section (a)’’; 
(D) in paragraph (4), as so redesignated, 
by striking ‘‘Director’’ in the matter preceding 
subparagraph (A) and inserting ‘‘official des-
ignated under paragraph (1)’’; and 
(E) in paragraph (5), as so redesignated— 
(i) by striking ‘‘Director shall’’ and 
inserting ‘‘official designated under para-
graph (1) shall’’; 
(ii) by striking ‘‘Director considers’’ 
and inserting ‘‘designated official con-
siders’’; and 
(iii) by striking ‘‘the Director’s du-
ties’’ and inserting ‘‘that official’s duties’’. 
(4) JOINT ANNUAL REPORT.—Subsection (c) of 
such section is amended in the matter preceding 
paragraph (1)— 
(A) by striking ‘‘beginning in 2010,’’; 
(B) by striking ‘‘Director of Developmental 
Test and Evaluation and the Director of Sys-
tems Engineering’’ and inserting ‘‘officials des-
ignated under subsections (a) and (b)’’;
474 
•HR 5136 EH1S 
(C) by striking ‘‘subsections (a) and (b)’’ 
and inserting ‘‘those subsections’’; and 
(D) by inserting ‘‘such’’ after ‘‘Each’’. 
(5) JOINT GUIDANCE.—Subsection (d) of such 
section is amended in the matter preceding para-
graph (1)— 
(A) by striking ‘‘Director of Developmental 
Test and Evaluation and the Director of Sys-
tems Engineering’’ and inserting ‘‘officials des-
ignated under subsections (a) and (b)’’; and 
(B) by striking ‘‘section 103 of the Weap-
on Systems Acquisition Reform Act of 2009’’ 
and inserting ‘‘section 2438a of this title’’. 
(6) REPEAL
OF
REDUNDANT
DEFINITION.— 
Subsection (e) of such section is repealed. 
(e) CODIFICATION OF SECTION 103 OF WEAPON SYS-
TEMS ACQUISITION REFORM ACT OF 2009.— 
(1) CODIFICATION.—Chapter 144 of title 10, 
United States Code, is amended by inserting after 
section 2438 (as transferred and redesignated by 
subsection (d)), a new section 2438a consisting of— 
(A) a section heading as follows: 
‘‘§ 2438a. Performance assessments and root cause 
analyses’’; 
and
475 
•HR 5136 EH1S 
(B) a text consisting of the text of section 
103 of the Weapon Systems Acquisition Reform 
Act of 2009 (Public Law 111–23; 123 Stat. 
1715; 10 U.S.C. 2430 note), modified as speci-
fied in paragraph (2). 
(2) TECHNICAL AMENDMENTS DUE TO CODI-
FICATION.—The modifications referred to in para-
graph (1)(B) to the text specified in that paragraph 
are— 
(A) in subsection (b)(2), by striking ‘‘sec-
tion 2433a(a)(1) of title 10, United States Code 
(as added by section 206(a) of this Act)’’ and 
inserting ‘‘section 2433a(a)(1) of this title’’; 
(B) in subsection (b)(5)— 
(i) by striking ‘‘section 2433a of title 
10, United States Code (as so added)’’ and 
inserting ‘‘section 2433a of this title’’; and 
(ii) by striking ‘‘prior to’’ both places 
it appears and inserting ‘‘before’’; 
(C) in subsection (d), by striking ‘‘section 
2433a of title 10, United States Code (as so 
added)’’ and inserting ‘‘section 2433a of this 
title’’; and 
(D) in subsection (f), by striking ‘‘begin-
ning in 2010,’’.
476 
•HR 5136 EH1S 
(f) TRANSFER OF SECTION PROVIDING FOR DIREC-
TOR OF SMALL BUSINESS PROGRAMS.—Section 144 of 
title 10, United States Code, is transferred to chapter 148, 
inserted after section 2507, and redesignated as section 
2508. 
(g) REPEAL OF STATUTORY REQUIREMENT FOR OF-
FICE
FOR
MISSING
PERSONNEL
IN
OSD.—Section 
1501(a) of title 10, United States Code, is amended— 
(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’’;
477 
•HR 5136 EH1S 
(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 
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
478 
•HR 5136 EH1S 
(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 
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
479 
•HR 5136 EH1S 
(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 
(D) in subparagraph (C), by striking ‘‘of-
fice’’ and inserting ‘‘activity’’. 
(h) REPEAL OF STATUTORY REQUIREMENT FOR DI-
RECTOR OF OFFICE FOR CORROSION POLICY AND OVER-
SIGHT IN OSD.—Section 2228 of title 10, United States 
Code, is amended— 
(1) in subsection (a)— 
(A) by striking the subsection heading and 
inserting the following: ‘‘OFFICE
OF CORRO-
SION POLICY AND OVERSIGHT AND DESIGNA-
TION OF RESPONSIBLE OFFICIAL’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) The Secretary of Defense shall designate, from 
among civilian employees of the Department of Defense 
with the qualifications described in paragraph (4), an offi-
480 
•HR 5136 EH1S 
cial to be responsible to the Secretary of Defense and the 
Under Secretary of Defense for Acquisition, Technology, 
and Logistics for the prevention and mitigation of corro-
sion of the military equipment and infrastructure of the 
Department of Defense and for directing the activities of 
the Office of Corrosion Policy and Oversight.’’; 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; 
(D) by inserting after paragraph (2) the 
following new paragraph (3): 
‘‘(3) The official designated under paragraph 
(2) shall report directly to the Principal Deputy 
Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics.’’. 
(E) in paragraph (4), as so redesignated, 
by striking ‘‘assigned to the position of Direc-
tor’’ and inserting ‘‘designated under paragraph 
(2)’’; and 
(F) in paragraph (5), as so redesignated, 
by striking ‘‘of Director’’ and inserting ‘‘held by 
the official designated under paragraph (2)’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Director of Corrosion Pol-
icy and Oversight (in this section referred to as 
the ‘Director’)’’ in paragraph (1) and inserting
481 
•HR 5136 EH1S 
‘‘official designated under subsection (a)(2)’’; 
and 
(B) by striking ‘‘Director’’ in paragraphs 
(2), (3), (4), and (5) and inserting ‘‘designated 
official’’; 
(3) in subsection (c), by striking ‘‘ADDITIONAL 
AUTHORITIES’’ and all that follows through ‘‘author-
ized to—’’ and inserting ‘‘ADDITIONAL DUTIES.— 
The official designated under subsection (a) shall— 
’’; and 
(4) in subsection (e), by striking ‘‘beginning 
with the budget for fiscal year 2009,’’. 
(i) REPEAL OF STATUTORY LIMITATION ON NUMBER 
OF DEPUTY UNDER SECRETARIES OF DEFENSE.—Sec-
tion 906(a)(2) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2426; 10 U.S.C. 137a note) is repealed. 
(j) CONFORMING AMENDMENTS TO TITLE 10.—Title 
10, United States Code, is amended as follows: 
(1) The following sections are amended by 
striking ‘‘Director of Cost Assessment and Program 
Evaluation’’ and inserting ‘‘Assistant Secretary of 
Defense for Cost Assessment and Program Evalua-
tion’’: sections 181(d), 2306b(i)(1)(B), 2366a(a)(4),
482 
•HR 5136 EH1S 
2366a(a)(5), 
2366b(a)(1)(C), 
2433a(a)(2), 
2433a(b)(2)(C), 2434(b)(1)(A), and 2445c(f)(3). 
(2) Section 179(c) is amended— 
(A) by striking ‘‘Assistant to the Secretary 
of Defense for Nuclear and Chemical and Bio-
logical Defense Programs’’ in paragraphs (2) 
and (3) and inserting ‘‘Assistant Secretary of 
Defense for Nuclear, Chemical, and Biological 
Defense Programs’’; and 
(B) by striking ‘‘to the’’ in paragraph (3). 
(3) Section 2272 is amended by striking ‘‘Di-
rector of Defense Research and Engineering’’ each 
place it appears and inserting ‘‘Assistant Secretary 
of Defense for Research and Engineering’’. 
(4) Section 2334 is amended— 
(A) by striking ‘‘Director of Cost Assess-
ment and Program Evaluation’’ each place it 
appears and inserting ‘‘Assistant Secretary of 
Defense for Cost Assessment and Program 
Evaluation’’; and 
(B) by striking ‘‘Director’’ each place it 
appears (other than as specified in subpara-
graph (A)) and inserting ‘‘Assistant Secretary’’. 
(5) Section 2365 is amended—
483 
•HR 5136 EH1S 
(A) in subsection (a), by striking ‘‘Director 
of Defense Research and Engineering’’ and in-
serting ‘‘Assistant Secretary of Defense for Re-
search and Engineering’’; 
(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’’. 
(6) 
Sections 
2350a(g)(3), 
2366b(a)(3)(D), 
2374a(a), and 2517(a) are amended by striking ‘‘Di-
rector of Defense Research and Engineering’’ and 
inserting ‘‘Assistant Secretary of Defense for Re-
search and Engineering’’. 
(7) Section 2902(b) is amended— 
(A) in paragraph (1), by striking ‘‘Deputy 
Under Secretary of Defense for Science and 
Technology’’ and inserting ‘‘official within the 
Office of the Assistant Secretary of Defense for
484 
•HR 5136 EH1S 
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) OTHER CONFORMING AMENDMENTS.— 
(1) Section 214 of the National Defense Au-
thorization 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 Engineer-
ing’’. 
(2) Section 201(d) of the Weapon Systems Ac-
quisition Reform Act of 2009 (10 U.S.C. 181 note) 
is amended— 
(A) by striking ‘‘The Director of Cost As-
sessment and Program Evaluation’’ and insert-
ing ‘‘The Assistant Secretary of Defense for 
Cost Assessment and Program Evaluation’’; 
and 
(B) by striking ‘‘the Director’’ and insert-
ing ‘‘the Assistant Secretary’’.
485 
•HR 5136 EH1S 
(l) SECTION
HEADING
AND
CLERICAL
AMEND-
MENTS.— 
(1) SECTION
HEADING
AMENDMENTS.—Title 
10, United States Code, is amended as follows: 
(A) The heading of section 137a is amend-
ed to read as follows: 
‘‘§ 137a. Principal Deputy Under Secretaries of De-
fense’’. 
(B) The heading of section 138b, as trans-
ferred and redesignated by subsection (b)(6), is 
amended to read as follows: 
‘‘§ 138b. Assistant Secretary of Defense for Research 
and Engineering’’. 
(C) The heading of section 138c, as trans-
ferred and redesignated by subsection (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, as trans-
ferred and redesignated by subsection (b)(8), is 
amended to read as follows:
486 
•HR 5136 EH1S 
‘‘§ 138d. Assistant Secretary of Defense for Cost As-
sessment and Program Evaluation’’. 
(E) The heading of section 138e, as trans-
ferred and redesignated by subsection (b)(9), is 
amended to read as follows: 
‘‘§ 138e. Assistant Secretary of Defense for Nuclear, 
Chemical, and Biological Defense Pro-
grams’’. 
(F) The heading of section 2228 is amend-
ed to read as follows: 
‘‘§ 2228. Military equipment and infrastructure: pre-
vention and mitigation of corrosion’’. 
(G) The heading of section 2438 is amend-
ed to read as follows: 
‘‘§ 2438. Developmental test and evaluation; systems 
engineering: designation of responsible 
officials; joint guidance’’. 
(2) CLERICAL AMENDMENTS.—Title 10, United 
States Code, is further amended as follows: 
(A) The table of sections at the beginning 
of chapter 4 is amended— 
(i) by inserting after the item relating 
to section 132 the following new item: 
‘‘132a. Deputy Chief Management Officer.’’; 
(ii) by striking the items relating to 
sections 133a, 134a, and 136a;
487 
•HR 5136 EH1S 
(iii) by amending the item relating to 
section 137a to read as follows: 
‘‘137a. Principal Deputy Under Secretaries of Defense.’’; 
(iv) by inserting after the item 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 Cost Assessment and Program Eval-
uation. 
‘‘138e. Assistant Secretary of Defense for Nuclear, Chemical, and Biological De-
fense Programs.’’; 
and 
(v) by striking the items relating to 
sections 139a, 139b, 139c, 139d, 142, and 
144. 
(B) The item relating to section 2228 in 
the table of sections at the beginning of chapter 
131 is amended to read as follows: 
‘‘2228. Military equipment and infrastructure: prevention and mitigation of cor-
rosion.’’. 
(C) The table of sections at the beginning 
of chapter 144 is amended by inserting after 
the item relating to section 2437 the following 
new items: 
‘‘2438. Developmental test and evaluation; systems engineering: designation of 
responsible officials; joint guidance. 
‘‘2438a. Performance assessments and root cause analyses.’’. 
(D) The table of sections at the beginning 
of subchapter II of chapter 148 is amended by
488 
•HR 5136 EH1S 
inserting after the item relating to section 2507 
the following new item: 
‘‘2508. Director of Small Business Programs.’’. 
(m) EXECUTIVE SCHEDULE AMENDMENTS.—Chap-
ter 53 of title 5, United States Code, is amended as fol-
lows: 
(1) NUMBER OF ASSISTANT SECRETARY OF DE-
FENSE
POSITIONS.—Section 5315 is amended by 
striking ‘‘Assistant Secretaries of Defense (12)’’ and 
inserting ‘‘Assistant Secretaries of Defense (17)’’. 
(2) POSITIONS
REDESIGNATED
AS
ASSISTANT 
SECRETARY POSITIONS.— 
(A) Section 5315 is further amended— 
(i) by striking ‘‘Director of Cost As-
sessment and Program Evaluation, De-
partment of Defense.’’; and 
(ii) by striking ‘‘Director of Defense 
Research and Engineering.’’. 
(B) Section 5316 is amended by striking 
‘‘Assistant to the Secretary of Defense for Nu-
clear and Chemical and Biological Defense Pro-
grams.’’. 
(3) AMENDMENTS TO DELETE REFERENCES TO 
POSITIONS IN SENIOR EXECUTIVE SERVICE.—Section 
5316 is further amended—
489 
•HR 5136 EH1S 
(A) by striking ‘‘Director, Defense Ad-
vanced Research Projects Agency, Department 
of Defense.’’; 
(B) by striking ‘‘Deputy General Counsel, 
Department of Defense.’’; 
(C) by striking ‘‘Deputy Under Secretaries 
of Defense for Research and Engineering, De-
partment of Defense (4).’’; and 
(D) by striking ‘‘Special Assistant to the 
Secretary of Defense.’’. 
(n) REFERENCES IN OTHER LAWS, ETC.—Any ref-
erence in any provision or law other than title 10, United 
States Code, or in any rule, regulation, or other paper of 
the United States, to any of the offices of the Department 
of Defense redesignated by subsection (a) shall be treated 
as referring to that office as so redesignated. 
(o) EFFECTIVE DATE.—The provisions of this section 
and the amendments made by this section shall take effect 
on January 1, 2011, or on such earlier date for any of 
such provisions as may be prescribed by the Secretary of 
Defense. If the Secretary prescribes an earlier date for any 
of those provisions or amendments, the Secretary shall no-
tify Congress in writing in advance of such date.
490 
•HR 5136 EH1S 
SEC. 903. UNIFIED MEDICAL COMMAND. 
(a) ASSISTANT SECRETARY OF DEFENSE.—Section 
138(b) of title 10, United States Code, as amended by 
section 902, is further amended by adding at the end the 
following new paragraph: 
‘‘(12) One of the Assistant Secretaries is the 
Assistant Secretary of Defense for Health Affairs. 
In addition to any duties and powers prescribed 
under paragraph (1), the principal duty of the As-
sistant Secretary of Defense for Health Affairs is 
the overall supervision (including oversight of policy 
and resources) of all health affairs and medical ac-
tivities of the Department of Defense. The Assistant 
Secretary of Defense for Health Affairs is the prin-
cipal civilian adviser to the Secretary of Defense on 
health affairs and medical matters and, after the 
Secretary and Deputy Secretary, is the principal 
health affairs and medical official within the senior 
management of the Department of Defense.’’. 
(b) UNIFIED COMBATANT COMMAND.— 
(1) IN GENERAL.—Chapter 6 of such title is 
amended by inserting after section 167a the fol-
lowing new section:
491 
•HR 5136 EH1S 
‘‘§ 167b. Unified combatant command for medical op-
erations 
‘‘(a) ESTABLISHMENT.—With the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff, the 
President, through the Secretary of Defense, may estab-
lish under section 161 of this title a unified command for 
medical operations (hereinafter in this section referred to 
as the ‘unified medical command’). The principal function 
of the command is to provide medical services to the 
armed forces and other health care beneficiaries of the De-
partment of Defense as defined in chapter 55 of this title. 
‘‘(b) ASSIGNMENT OF FORCES.—In establishing the 
unified medical command under subsection (a), all active 
military medical treatment facilities, training organiza-
tions, and research entities of the armed forces shall be 
assigned to such unified command, unless otherwise di-
rected by the Secretary of Defense. 
‘‘(c) GRADE OF COMMANDER.—The commander of 
the unified medical command shall hold the grade of gen-
eral or, in the case of an officer of the Navy, admiral while 
serving in that position, without vacating his permanent 
grade. The commander of such command shall be ap-
pointed to that grade by the President, by and with the 
advice and consent of the Senate, for service in that posi-
tion. The commander of such command shall be a member 
of a health profession described in paragraph (1), (2), (3),
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vice admiral while serving in that position, without 
vacating his permanent grade. The commander of such a 
subordinate command shall be appointed to that grade by 
the President, by and with the advice and consent of the 
Senate, for service in that position. The commander of 
such a subordinate command shall also be required to be 
a surgeon general of one of the military departments. 
‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) 
In addition to the authority prescribed in section 164(c) 
of this title, the commander of the unified medical com-
mand shall be responsible for, and shall have the authority 
to conduct, all affairs of such command relating to medical 
operations activities. 
‘‘(2) The commander of such command shall be re-
sponsible for, and shall have the authority to conduct, the 
following functions relating to medical operations activities 
(whether or not relating to the unified medical command): 
‘‘(A) Developing programs and doctrine. 
‘‘(B) Preparing and submitting to the Secretary 
of Defense program recommendations and budget 
proposals for the forces described in subsection (b) 
and for other forces assigned to the unified medical 
command. 
‘‘(C) Exercising authority, direction, and con-
trol over the expenditure of funds—
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‘‘(i) for forces assigned to the unified med-
ical command; 
‘‘(ii) for the forces described in subsection 
(b) assigned to unified combatant commands 
other than the unified medical command to the 
extent directed by the Secretary of Defense; 
and 
‘‘(iii) for military construction funds of the 
Defense Health Program. 
‘‘(D) Training assigned forces. 
‘‘(E) Conducting specialized courses of instruc-
tion for commissioned and noncommissioned officers. 
‘‘(F) Validating requirements. 
‘‘(G) Establishing priorities for requirements. 
‘‘(H) Ensuring the interoperability of equip-
ment and forces. 
‘‘(I) Monitoring the promotions, assignments, 
retention, training, and professional military edu-
cation of medical officers described in paragraph (1), 
(2), (3), (4), (5), or (6) of section 335(j) of title 37. 
‘‘(3) The commander of such command shall be re-
sponsible for the Defense Health Program, including the 
Defense Health Program Account established under sec-
tion 1100 of this title.
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‘‘(f) DEFENSE HEALTH AGENCY.—(1) In estab-
lishing the unified medical command under subsection (a), 
the Secretary shall also establish under section 191 of this 
title a defense agency for health care (in this section re-
ferred to as the ‘Defense Health Agency’), and shall trans-
fer to such agency the organization of the Department of 
Defense referred to as the TRICARE Management Activ-
ity and all functions of the TRICARE Program (as de-
fined in section 1072(7)). 
‘‘(2) The director of the Defense Health Agency shall 
hold the rank of lieutenant general or, in the case of an 
officer of the Navy, vice admiral while serving in that posi-
tion, without vacating his permanent grade. The director 
of such agency shall be appointed to that grade by the 
President, by and with the advice and consent of the Sen-
ate, for service in that position. The director of such agen-
cy shall be a member of a health profession described in 
paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) 
of title 37. 
‘‘(g) REGULATIONS.—In establishing the unified 
medical command under subsection (a), the Secretary of 
Defense shall prescribe regulations for the activities of the 
unified medical command.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended
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by inserting after the item relating to section 167a 
the following new item: 
‘‘167b. Unified combatant command for medical operations.’’. 
(c) PLAN, NOTIFICATION, AND REPORT.— 
(1) PLAN.—Not later than March 31, 2011, the 
Secretary of Defense shall submit to the congres-
sional defense committees a comprehensive plan to 
establish the unified medical command authorized 
under section 167b of title 10, United States Code, 
as added by subsection (b), including any legislative 
actions the Secretary considers necessary to imple-
ment the plan. 
(2) NOTIFICATION.—The Secretary shall sub-
mit to the congressional defense committees written 
notification of the decision of the Secretary to estab-
lish the unified medical command under such section 
167b by not later than the date that is 30 days be-
fore establishing such command. 
(3) REPORT.—Not later than 180 days after 
submitting the notification under paragraph (2), the 
Secretary shall submit to the congressional defense 
committees a report on— 
(A) the establishment of the unified med-
ical command; and
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(B) the establishment of the Defense 
Health Agency under subsection (f) of such sec-
tion 167b. 
Subtitle B—Space Activities 
SEC. 911. INTEGRATED SPACE ARCHITECTURES. 
The Secretary of Defense and the Director of Na-
tional Intelligence shall jointly establish the capability to 
conduct integrated national security space architecture 
planning, development, coordination, and analysis that— 
(1) encompasses defense and intelligence space 
plans, programs, budgets, and organizations; 
(2) 
provides 
mid-term 
to 
long-term 
rec-
ommendations to guide space-related defense and in-
telligence acquisitions, requirements, and investment 
decisions; 
(3) is independent of the space architecture 
planning, development, coordination, and analysis 
activities of each military department and each ele-
ment of the intelligence community (as defined in 
section 3(4) of the National Security Act of 1947 
(50 U.S.C. 401a(4))); and 
(4) makes use of, to the maximum extent prac-
ticable, joint duty assignment positions (as defined 
in section 668).
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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’’. 
SEC. 922. SPACE AND COUNTERSPACE INTELLIGENCE 
ANALYSIS. 
(a) DESIGNATION OF LEAD INTEGRATOR.— 
(1) DESIGNATION.— 
(A) IN
GENERAL.—The Director of the 
Defense Intelligence Agency shall designate a 
lead 
integrator 
for 
foreign 
space 
and 
counterspace defense intelligence analysis. 
(B) INITIAL
DESIGNATION.—Not later 
than 30 days after the date of the enactment of 
this Act, the Director of the Defense Intel-
ligence Agency shall designate an initial lead in-
tegrator under subparagraph (A). 
(2) NOTICE.—Not later than 30 days after the 
date on which the Director of the Defense Intel-
ligence Agency designates a lead integrator under
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paragraph (1)(A), or removes the designation of lead 
integrator from an individual or organization pre-
viously designated under paragraph (1)(A), the Di-
rector shall notify the congressional defense commit-
tees, the Permanent Select Committee on Intel-
ligence of the House of Representatives, and the Se-
lect Committee on Intelligence of the Senate of the 
designation of such lead integrator or the removal of 
such designation. 
(b) AUTHORITY TO CONDUCT ORIGINAL ANALYSIS.— 
The Director of the Defense Intelligence Agency shall au-
thorize a lead integrator designated under subsection 
(a)(1)(A) to conduct original intelligence analysis and pro-
duction within the areas of responsibility of such lead inte-
grator. 
(c) DEFINITIONS.—In this section: 
(1) LEAD INTEGRATOR.—The term ‘‘lead inte-
grator’’ means, with respect to a particular subject 
matter, an individual or organization with primary 
responsibility for the review, coordination, and inte-
gration of defense intelligence analysis and produc-
tion related to such subject matter to— 
(A) ensure the development of coherent as-
sessments and intelligence products; and
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(B) manage and consolidate defense intel-
ligence tasking. 
(2) ORIGINAL INTELLIGENCE ANALYSIS.—The 
term ‘‘original intelligence analysis’’ means the de-
velopment of knowledge and creation of intelligence 
materials based on raw data and intelligence report-
ing. 
SEC. 923. AUDITS OF INTELLIGENCE COMMUNITY BY GOV-
ERNMENT ACCOUNTABILITY OFFICE. 
(a) AUDITS.—Title V of the National Security Act 
of 1947 (50 U.S.C. 413 et seq.) is amended by adding 
at the end the following new section: 
‘‘AUDITS OF INTELLIGENCE COMMUNITY BY 
GOVERNMENT ACCOUNTABILITY OFFICE 
‘‘SEC. 508. (a) IN GENERAL.—Except as provided in 
subsection (b), the Director of National Intelligence shall 
ensure that personnel of the Government Accountability 
Office designated by the Comptroller General are provided 
with access to all information in the possession of an ele-
ment of the intelligence community that the Comptroller 
General determines is necessary for such personnel to con-
duct an analysis, evaluation, or investigation of a program 
or activity of an element of the intelligence community 
that is requested by one of the congressional intelligence 
committees.
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‘‘(b) AUDITS
OF PROGRAMS INVOLVING SOURCES 
AND METHODS.—(1) If the Director of National Intel-
ligence determines that a portion of an analysis, evalua-
tion, or investigation to be conducted by the Comptroller 
General that is requested by a committee of Congress with 
jurisdiction over the subject of such analysis, evaluation, 
or investigation involves a matter that is subject to the 
reporting requirements of section 503 or intelligence 
sources or methods, such portion may be redacted from 
such analysis, evaluation, or investigation and provided ex-
clusively to the congressional intelligence committees. 
‘‘(2) If the Director of National Intelligence redacts 
a portion of an analysis, evaluation, or investigation under 
paragraph (1), the Director shall inform the committee 
of Congress that requested such analysis, evaluation, or 
investigation of the redaction. 
‘‘(c) NOTICE OF ANALYSIS, EVALUATION, OR INVES-
TIGATION AND PROCEDURES.—Not later than 15 days be-
fore initiating an analysis, evaluation, or investigation of 
an element of the intelligence community, the Comptroller 
General shall submit to the congressional intelligence com-
mittees a notice that includes— 
‘‘(1) a description of the analysis, evaluation, or 
investigation to occur and the purposes of such anal-
ysis, evaluation, or investigation;
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‘‘(2) the names of the personnel who will con-
duct such analysis, evaluation, or investigation and 
the level of security clearance possessed by such per-
sonnel; and 
‘‘(3) the procedures to be used in the course of 
such analysis, evaluation, or investigation for exam-
ining classified information, including a description 
of all facilities and materials that will be used. 
‘‘(d) DISCUSSION OF PROCEDURES.—(1) Prior to ini-
tiating an analysis, evaluation, or investigation of an ele-
ment of the intelligence community, the Comptroller Gen-
eral, in consultation with the congressional intelligence 
committees, shall discuss with the Director of National In-
telligence the procedures for conducting such analysis, 
evaluation, or investigation. 
‘‘(2) Not later than five days after the discussion re-
ferred to in paragraph (1), the Director of National Intel-
ligence may submit to the Comptroller General a written 
comment suggesting any changes or modifications to the 
procedures referred to in paragraph (1). 
‘‘(e) CONFIDENTIALITY.—The Comptroller General 
shall maintain the same level of confidentiality for a record 
made available during the course of an analysis, evalua-
tion, or investigation involving sources or methods as is 
required of the head of the element of the intelligence com-
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•HR 5136 EH1S 
munity from which such record is obtained. An officer or 
employee of the Government Accountability Office shall be 
subject to the same statutory penalties for unauthorized 
disclosure or use of a record as an officer or employee 
of the element of the intelligence community that provided 
the Comptroller General or such officer or employee of the 
Government Accountability Office with access to such 
record. 
‘‘(f) WORKPAPERS.—All workpapers of the Comp-
troller General and all records and property of any ele-
ment of the intelligence community that the Comptroller 
General uses during the course of an analysis, evaluation, 
or investigation involving sources or methods shall remain 
in facilities provided by the element of the intelligence 
community providing such records and property. 
‘‘(g) PROVISION OF SUPPLIES.—The head of each 
element of the intelligence community that is a subject of 
an analysis, evaluation, or investigation by the Comp-
troller General involving sources or methods shall provide 
the Comptroller General with suitable and secure offices 
and furniture, telephones, and access to copying facilities, 
for purposes of such analysis, evaluation, or investigation. 
‘‘(h) PROCEDURES FOR PROTECTION OF INFORMA-
TION.—The Comptroller General, in consultation with the 
congressional intelligence committees, shall establish pro-
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•HR 5136 EH1S 
cedures to protect from unauthorized disclosure all classi-
fied and other sensitive information furnished to the 
Comptroller General in the course of conducting an anal-
ysis, evaluation, or investigation involving sources and 
methods. 
‘‘(i) SUBMISSION OF NAMES OF PERSONNEL CON-
DUCTING ANALYSIS, EVALUATION, OR INVESTIGATION.— 
Prior to initiating an analysis, evaluation, or investigation 
involving sources and methods, the Comptroller General 
shall provide the Director of National Intelligence and the 
head of each element of the intelligence community that 
is a subject of such analysis, evaluation, or investigation 
with the name of each officer and employee of the Govern-
ment Accountability Office who has obtained appropriate 
security clearance and to whom, upon proper identifica-
tion, the head of such element shall make available records 
and information during the course of such analysis, eval-
uation, or investigation. 
‘‘(j) COOPERATION.—The head of each element of the 
intelligence community that is a subject of an analysis, 
evaluation, or investigation shall cooperate fully with the 
Comptroller General and provide timely responses to re-
quests by the Comptroller General for documentation and 
information made pursuant to this section.
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•HR 5136 EH1S 
‘‘(k) RULE OF CONSTRUCTION.—Except as provided 
in subsection (b), nothing in this section or any other pro-
vision of law shall be construed to restrict or limit the au-
thority of the Comptroller General to audit, evaluate, or 
obtain access to the records of an element of the intel-
ligence community absent specific statutory language re-
stricting or limiting such audits, evaluations, or access to 
records.’’. 
Subtitle D—Other Matters 
SEC. 931. REVISIONS TO THE BOARD OF REGENTS FOR THE 
UNIFORMED SERVICES UNIVERSITY OF THE 
HEALTH SCIENCES. 
Subsection (b) of section 2113a of title 10, United 
States Code, is amended— 
(1) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (3), (4), and (5), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) four persons, of which the chairmen and 
ranking members of the Committees on Armed Serv-
ices of the Senate and House of Representatives 
may each appoint one person, respectively;’’.
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•HR 5136 EH1S 
SEC. 932. INCREASED FLEXIBILITY FOR COMBATANT COM-
MANDER INITIATIVE FUND. 
(a) IN GENERAL.—Section 166a(e)(1) of title 10, 
United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) not more than $10,000,000 may be used 
for research, development, test and evaluation activi-
ties.’’. 
(b) APPLICABILITY.—The amendments made by this 
section shall not apply with respect to funds appropriated 
for a fiscal year before fiscal year 2011. 
SEC. 933. TWO-YEAR EXTENSION OF AUTHORITIES 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
507 
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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. 934. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL 
ROLES AND MISSIONS REVIEW IN 2011. 
(a) ADDITIONAL ACTIVITIES CONSIDERED.—As part 
of the quadrennial roles and missions review conducted in 
2011 pursuant to section 118b of title 10, United States 
Code, the Secretary of Defense shall give consideration to 
the following activities, giving particular attention to their 
role in counter-terrorism operations: 
(1) Information operations. 
(2) Strategic communications. 
(3) Detention and interrogation. 
(b) ADDITIONAL REPORT REQUIREMENT.—In the 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.
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SEC. 935. CODIFICATION OF CONGRESSIONAL NOTIFICA-
TION REQUIREMENT BEFORE PERMANENT 
RELOCATION OF ANY UNITED STATES MILI-
TARY UNIT STATIONED OUTSIDE THE UNITED 
STATES. 
(a) CODIFICATION AND RELATED REPORT.—Chapter 
6 of title 10, United States Code, is amended by inserting 
after section 162 the following new section: 
‘‘§ 162a. Congressional notification before permanent 
relocation of military units stationed out-
side the United States 
‘‘(a) NOTIFICATION REQUIREMENT.—The Secretary 
of Defense shall notify Congress at least 30 days before 
the permanent relocation of a unit stationed outside the 
United States. 
‘‘(b) ELEMENTS OF NOTIFICATION.—The notifica-
tion required by subsection (a) shall include a description 
of the following: 
‘‘(1) How relocation of the unit supports the 
United States national security strategy. 
‘‘(2) Whether the relocation of the unit will 
have an impact on any security commitments under-
taken by the United States pursuant to any inter-
national security treaty, including the North Atlantic 
Treaty, the Treaty of Mutual Cooperation and Secu-
rity between the United States and Japan, and the
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•HR 5136 EH1S 
Security Treaty Between Australia, New Zealand, 
and the United States of America. 
‘‘(3) How relocation of the unit addresses the 
current security environment in the affected geo-
graphic combatant command’s area of responsibility, 
including United States participation in theater se-
curity cooperation activities and bilateral partner-
ship, exchanges, and training exercises. 
‘‘(4) How relocation of the unit impacts the sta-
tus of overseas base closure and realignment actions 
undertaken as part of a global defense posture re-
alignment strategy and the status of development 
and execution of comprehensive master plans for 
overseas military main operating bases, forward op-
erating sites, and cooperative security locations of 
the global defense posture of the United States. 
‘‘(c) EXCEPTIONS.—Subsection (a) does not apply in 
the case of— 
‘‘(1) the relocation of a unit deployed to a com-
bat zone; or 
‘‘(2) the relocation of a unit as the result of clo-
sure of an overseas installation at the request of the 
government of the host nation in the manner pro-
vided in the agreement between the United States 
and the host nation regarding the installation.
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•HR 5136 EH1S 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COMBAT ZONE.—The term ‘combat zone’ 
has the meaning given that term in section 
112(c)(2) of the Internal Revenue Code of 1986. 
‘‘(2) GEOGRAPHIC
COMBATANT
COMMAND.— 
The term ‘geographic combatant command’ means a 
combatant command with a geographic area of re-
sponsibility that does not include North America. 
‘‘(3) UNIT.—The term ‘unit’ has the meaning 
determined by the Secretary of Defense for purposes 
of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 162 the following new 
item: 
‘‘162a. Congressional notification before permanent relocation of military units 
stationed outside the United States.’’. 
(c) REPEAL
OF SUPERCEDED NOTIFICATION RE-
QUIREMENT.—Section 1063 of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2469; 10 U.S.C. 113 note) is repealed. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
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(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 $3,500,000,000. 
(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). 
(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
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•HR 5136 EH1S 
(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 
(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:
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•HR 5136 EH1S 
(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. 
(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.
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•HR 5136 EH1S 
(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. 
(F) 
For 
the 
Army 
Reserve, 
by 
$67,399,000. 
(G) 
For 
the 
Navy 
Reserve, 
by 
$61,842,000.
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(H) For the Marine Corps Reserve, by 
$674,000. 
(I) For the Air Force Reserve, by 
$95,819,000. 
(J) For the Army National Guard, by 
$171,834,000. 
(K) For the Air National Guard, by 
$161,281,000. 
(L) For the Defense Health Program, by 
$33,367,000. 
(M) 
For 
Drug 
Interdiction 
and 
Counterdrug 
Activities, 
Defense-wide, 
by 
$94,000,000. 
(N) For the Afghanistan Security Forces 
Fund, by $2,604,000,000. 
(O) For the Iraq Security Forces Fund, by 
$1,000,000,000. 
(P) For Overseas Humanitarian, Disaster 
and Civic Aid, by $255,000,000. 
(Q) For Overseas Contingency Operations 
Transfer Fund, by $350,000,000. 
(R) For Working Capital Funds, by 
$974,967,000.
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(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— 
(1) in subsection (a), by striking ‘‘2010’’ and 
inserting ‘‘2011’’; and
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(2) in subsection (c), by striking ‘‘2010’’ and 
inserting ‘‘2011’’. 
SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTERTERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 10 
U.S.C. 371 note), as most recently amended by section 
1012 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2441), is fur-
ther amended by striking ‘‘2010’’ and inserting ‘‘2011’’. 
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’’.
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SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF 
CERTAIN FOREIGN GOVERNMENTS. 
(a) IN GENERAL.—Subsection (a)(2) section 1033 of 
the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 1881), as most 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 ‘‘2011’’. 
(b) MAXIMUM AMOUNT OF SUPPORT.—Subsection 
(e)(2) of such section is amended by striking ‘‘fiscal years 
2009 and 2010’’ and inserting ‘‘fiscal years 2010 and 
2011’’. 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. REQUIREMENTS FOR LONG-RANGE PLAN FOR 
CONSTRUCTION OF NAVAL VESSELS. 
(a) IN GENERAL.—Section 231 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 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 
year in which the Secretary of Defense submits a quadren-
nial defense review, the Secretary of the Navy shall submit
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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). 
‘‘(5) For the construction schedules under para-
graphs (1) and (2)—
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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-
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 con-
struction schedules and the estimated levels of annual 
funding included in such plan with respect to the budget 
submitted during the year in which the plan is submitted 
and the future-years defense program submitted under 
section 221 of this title. 
‘‘(f) CHANGES TO THE CONSTRUCTION PLAN.—In 
any year in which a quadrennial defense review is not sub-
mitted, the Secretary of the Navy may not modify the con-
struction schedules submitted in the plan under subsection 
(a) unless— 
‘‘(1) the modification is an increase in planned 
ship construction; 
‘‘(2) the modification is a realignment of less 
than one year of construction start dates in the fu-
ture-years defense plan submitted under section 221