[111th Congress Public Law 383]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 4137]]

Public Law 111-383
111th Congress

                                 An Act


 
To authorize appropriations for fiscal year 2011 for military activities 
of the Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes. <<NOTE: Jan. 7, 
                         2011 -  [H.R. 6523]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011.>> 
SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011''.
    (b) References.--Any reference in this or any other Act to the 
``National Defense Authorization Act for Fiscal Year 2011'' shall be 
deemed to refer to the ``Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011''.
SEC. 2. <<NOTE: 5 USC 9902 note.>>  ORGANIZATION OF ACT INTO 
                    DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.

                        Subtitle B--Navy Programs

Sec. 111. Multiyear funding for detail design and construction of LHA 
           Replacement ship designated LHA-7.
Sec. 112. Requirement to maintain Navy airborne signals intelligence, 
           surveillance, and reconnaissance capabilities.
Sec. 113. Report on naval force structure and missile defense.
Sec. 114. Reports on service-life extension of F/A-18 aircraft by the 
           Department of the Navy.

               Subtitle C--Joint and Multiservice Matters

Sec. 121. Limitations on biometric systems funds.

[[Page 124 STAT. 4138]]

Sec. 122. System management plan and matrix for the F-35 Joint Strike 
           Fighter aircraft program.
Sec. 123. Quarterly reports on use of Combat Mission Requirements funds.
Sec. 124. Counter-improvised explosive device initiatives database.
Sec. 125. Study on lightweight body armor solutions.
Sec. 126. Integration of solid state laser systems into certain 
           aircraft.
Sec. 127. Contracts for commercial imaging satellite capacities.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Enhancement of Department of Defense support of science, 
           mathematics, and engineering education.
Sec. 212. Limitation on use of funds by Defense Advanced Research 
           Projects Agency for operation of National Cyber Range.
Sec. 213. Separate program elements required for research and 
           development of Joint Light Tactical Vehicle.
Sec. 214. Program for research, development, and deployment of advanced 
           ground vehicles, ground vehicle systems, and components.
Sec. 215. Demonstration and pilot projects on cybersecurity.

                  Subtitle C--Missile Defense Programs

Sec. 221. Sense of Congress on ballistic missile defense.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense 
           Agency with foreign entities.
Sec. 223. Limitation on availability of funds for missile defense 
           interceptors in Europe.
Sec. 224. Medium Extended Air Defense System.
Sec. 225. Acquisition accountability reports on the ballistic missile 
           defense system.
Sec. 226. Authority to support ballistic missile shared early warning 
           with the Czech Republic.
Sec. 227. Report on phased, adaptive approach to missile defense in 
           Europe.
Sec. 228. Independent review and assessment of the Ground-Based 
           Midcourse Defense system.
Sec. 229. Iron Dome short-range rocket defense program.

                           Subtitle D--Reports

Sec. 231. Report on analysis of alternatives and program requirements 
           for the Ground Combat Vehicle program.
Sec. 232. Cost benefit analysis of future tank-fired munitions.
Sec. 233. Annual Comptroller General report on the VH-(XX) presidential 
           helicopter acquisition program.

                        Subtitle E--Other Matters

Sec. 241. Sense of Congress affirming the importance of Department of 
           Defense participation in development of next generation 
           semiconductor technologies.
Sec. 242. Pilot program on collaborative energy security.
Sec. 243. Pilot program to include technology protection features during 
           research and development of defense systems.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

             Subtitle B--Energy and Environmental Provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain 
           costs in connection with the Twin Cities Army Ammunition 
           Plant, Minnesota.
Sec. 312. Payment to Environmental Protection Agency of stipulated 
           penalties in connection with Naval Air Station, Brunswick, 
           Maine.
Sec. 313. Requirements related to the investigation of exposure to 
           drinking water at Camp Lejeune, North Carolina.
Sec. 314. Comptroller General assessment on military environmental 
           exposures.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Technical amendments to requirement for service contract 
           inventory.

[[Page 124 STAT. 4139]]

Sec. 322. Repeal of conditions on expansion of functions performed under 
           prime vendor contracts for depot-level maintenance and 
           repair.
Sec. 323. Prohibition on establishing goals or quotas for conversion of 
           functions to performance by Department of Defense civilian 
           employees.

                           Subtitle D--Reports

Sec. 331. Additional reporting requirements relating to corrosion 
           prevention projects and activities.
Sec. 332. Modification and repeal of certain reporting requirements.
Sec. 333. Report on Air Sovereignty Alert mission.
Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force.
Sec. 335. Requirement to update study on strategic seaports.

           Subtitle E--Limitations and Extensions of Authority

Sec. 341. Permanent authority to accept and use landing fees charged for 
           use of domestic military airfields by civil aircraft.
Sec. 342. Extension of Arsenal Support Program Initiative.
Sec. 343. Limitation on obligation of funds for the Army Human Terrain 
           System.
Sec. 344. Limitation on obligation of funds pending submission of 
           classified justification material.
Sec. 345. Requirements for transferring aircraft within the Air Force 
           inventory.
Sec. 346. Commercial sale of small arms ammunition in excess of military 
           requirements.

                        Subtitle F--Other Matters

Sec. 351. Expedited processing of background investigations for certain 
           individuals.
Sec. 352. Revision to authorities relating to transportation of civilian 
           passengers and commercial cargoes by Department of Defense 
           when space unavailable on commercial lines.
Sec. 353. Technical correction to obsolete reference relating to use of 
           flexible hiring authority to facilitate performance of 
           certain Department of Defense functions by civilian 
           employees.
Sec. 354. Authority for payment of full replacement value for loss or 
           damage to household goods in limited cases not covered by 
           carrier liability.
Sec. 355. Recovery of improperly disposed of Department of Defense 
           property.
Sec. 356. Operational readiness models.
Sec. 357. Sense of Congress regarding continued importance of High-
           Altitude Aviation Training Site, Colorado.
Sec. 358. Study of effects of new construction of obstructions on 
           military installations and operations.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status 
           technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

Sec. 501. Ages for appointment and mandatory retirement for health 
           professions officers.
Sec. 502. Authority for appointment of warrant officers in the grade of 
           W-1 by commission and standardization of warrant officer 
           appointing authority.
Sec. 503. Nondisclosure of information from discussions, deliberations, 
           notes, and records of special selection boards.
Sec. 504. Administrative removal of officers from promotion list.
Sec. 505. Modification of authority for officers selected for 
           appointment to general and flag officer grades to wear 
           insignia of higher grade before appointment.

[[Page 124 STAT. 4140]]

Sec. 506. Temporary authority to reduce minimum length of active service 
           as a commissioned officer required for voluntary retirement 
           as an officer.

                Subtitle B--Reserve Component Management

Sec. 511. Removal of statutory distribution limits on Navy reserve flag 
           officer allocation.
Sec. 512. Assignment of Air Force Reserve military technicians (dual 
           status) to positions outside Air Force Reserve unit program.
Sec. 513. Temporary authority for temporary employment of non-dual 
           status military technicians.
Sec. 514. Revision of structure and functions of the Reserve Forces 
           Policy Board.
Sec. 515. Repeal of requirement for new oath when officer transfers from 
           active-duty list to reserve active-status list.
Sec. 516. Leave of members of the reserve components of the Armed 
           Forces.
Sec. 517. Direct appointment of graduates of the United States Merchant 
           Marine Academy into the National Guard.

          Subtitle C--Joint Qualified Officers and Requirements

Sec. 521. Technical revisions to definition of joint matters for 
           purposes of joint officer management.
Sec. 522. Modification of promotion board procedures for joint qualified 
           officers and officers with Joint Staff experience.

                 Subtitle D--General Service Authorities

Sec. 531. Extension of temporary authority to order retired members of 
           the Armed Forces to active duty in high-demand, low-density 
           assignments.
Sec. 532. Non-chargeable rest and recuperation absence for certain 
           members undergoing extended deployment to a combat zone.
Sec. 533. Correction of military records.
Sec. 534. Disposition of members found to be fit for duty who are not 
           suitable for deployment or worldwide assignment for medical 
           reasons.
Sec. 535. Review of laws, policies, and regulations restricting service 
           of female members of the Armed Forces.

             Subtitle E--Military Justice and Legal Matters

Sec. 541. Continuation of warrant officers on active duty to complete 
           disciplinary action.
Sec. 542. Enhanced authority to punish contempt in military justice 
           proceedings.
Sec. 543. Improvements to Department of Defense domestic violence 
           programs.

      Subtitle F--Member Education and Training Opportunities and 
                             Administration

Sec. 551. Enhancements of Department of Defense undergraduate nurse 
           training program.
Sec. 552. Repayment of education loan repayment benefits.
Sec. 553. Participation of Armed Forces Health Professions Scholarship 
           and Financial Assistance Program recipients in active duty 
           health profession loan repayment program.
Sec. 554. Active duty obligation for military academy graduates who 
           participate in the Armed Forces Health Professions 
           Scholarship and Financial Assistance program.

                Subtitle G--Defense Dependents' Education

Sec. 561. Enrollment of dependents of members of the Armed Forces who 
           reside in temporary housing in Department of Defense domestic 
           dependent elementary and secondary schools.
Sec. 562. Continuation of authority to assist local educational agencies 
           that benefit dependents of members of the Armed Forces and 
           Department of Defense civilian employees.
Sec. 563. Impact aid for children with severe disabilities.

                   Subtitle H--Decorations and Awards

Sec. 571. Clarification of persons eligible for award of bronze star 
           medal.
Sec. 572. Authorization and request for award of Distinguished-Service 
           Cross to Shinyei Matayoshi for acts of valor during World War 
           II.
Sec. 573. Authorization and request for award of Distinguished-Service 
           Cross to Jay C. Copley for acts of valor during the Vietnam 
           War.
Sec. 574. Program to commemorate 60th anniversary of the Korean War.

              Subtitle I--Military Family Readiness Matters

Sec. 581. Appointment of additional members of Department of Defense 
           Military Family Readiness Council.

[[Page 124 STAT. 4141]]

Sec. 582. Enhancement of community support for military families with 
           special needs.
Sec. 583. Modification of Yellow Ribbon Reintegration Program.
Sec. 584. Expansion and continuation of Joint Family Support Assistance 
           Program.
Sec. 585. Report on military spouse education programs.
Sec. 586. Report on enhancing benefits available for military dependent 
           children with special education needs.
Sec. 587. Reports on child development centers and financial assistance 
           for child care for members of the Armed Forces.

                        Subtitle J--Other Matters

Sec. 591. Authority for members of the Armed Forces and Department of 
           Defense and Coast Guard civilian employees and their families 
           to accept gifts from non-Federal entities.
Sec. 592. Increase in number of private sector civilians authorized for 
           admission to National Defense University.
Sec. 593. Admission of defense industry civilians to attend United 
           States Air Force Institute of Technology.
Sec. 594. Updated terminology for Army Medical Service Corps.
Sec. 595. Date for submission of annual report on Department of Defense 
           STARBASE Program.
Sec. 596. Extension of deadline for submission of final report of 
           Military Leadership Diversity Commission.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Ineligibility of certain Federal civilian employees for 
           Reservist income replacement payments on account of 
           availability of comparable benefits under another program.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
           authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
           authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
           nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 
           consolidated special pay, incentive pay, and bonus 
           authorities.
Sec. 615. One-year extension of authorities relating to payment of other 
           title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of 
           referral bonuses.

            Subtitle C--Travel and Transportation Allowances

Sec. 621. Extension of authority to provide travel and transportation 
           allowances for inactive duty training outside of normal 
           commuting distances.
Sec. 622. Travel and transportation allowances for attendance at Yellow 
           Ribbon Reintegration events.

        Subtitle D--Disability, Retired Pay and Survivor Benefits

Sec. 631. Elimination of cap on retired pay multiplier for members with 
           greater than 30 years of service who retire for disability.
Sec. 632. Payment date for retired and retainer pay.
Sec. 633. Clarification of effect of ordering reserve component member 
           to active duty to receive authorized medical care on reducing 
           eligibility age for receipt of non-regular service retired 
           pay.
Sec. 634. Conformity of special compensation for members with injuries 
           or illnesses requiring assistance in everyday living with 
           monthly personal caregiver stipend under Department of 
           Veterans Affairs program of comprehensive assistance for 
           family caregivers.
Sec. 635. Sense of Congress concerning age and service requirements for 
           retired pay for non-regular service.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

Sec. 641. Addition of definition of morale, welfare, and recreation 
           telephone services for use in contracts to provide such 
           services for military personnel serving in combat zones.
Sec. 642. Feasibility study on establishment of full exchange store in 
           the Northern Mariana Islands.

[[Page 124 STAT. 4142]]

Sec. 643. Continuation of commissary and exchange operations at 
           Brunswick Naval Air Station, Maine.

                        Subtitle F--Other Matters

Sec. 651. Report on basic allowance for housing for personnel assigned 
           to sea duty.
Sec. 652. Report on savings from enhanced management of special pay for 
           aviation career officers extending period of active duty.

                    TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Improvements to Health Benefits

Sec. 701. Extension of prohibition on increases in certain health care 
           costs.
Sec. 702. Extension of dependent coverage under the TRICARE program.
Sec. 703. Survivor dental benefits.
Sec. 704. Aural screenings for members of the Armed Forces.
Sec. 705. Temporary prohibition on increase in copayments under retail 
           pharmacy system of pharmacy benefits program.

                 Subtitle B--Health Care Administration

Sec. 711. Administration of TRICARE.
Sec. 712. Postdeployment health reassessments for purposes of the 
           medical tracking system for members of the Armed Forces 
           deployed overseas.
Sec. 713. Clarification of licensure requirements applicable to military 
           health-care professionals who are members of the National 
           Guard performing certain duty while in State status.
Sec. 714. Improvements to oversight of medical training for Medical 
           Corps officers.
Sec. 715. Health information technology.
Sec. 716. Education and training on use of pharmaceuticals in 
           rehabilitation programs for wounded warriors.

                        Subtitle C--Other Matters

Sec. 721. Repeal of report requirement on separations resulting from 
           refusal to participate in anthrax vaccine immunization 
           program.
Sec. 722. Comprehensive policy on consistent neurological cognitive 
           assessments of members of the Armed Forces before and after 
           deployment.
Sec. 723. Assessment of post-traumatic stress disorder by military 
           occupation.
Sec. 724. Licensed mental health counselors and the TRICARE program.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Disclosure to litigation support contractors.
Sec. 802. Designation of engine development and procurement program as 
           major subprogram.
Sec. 803. Enhancement of Department of Defense authority to respond to 
           combat and safety emergencies through rapid acquisition and 
           deployment of urgently needed supplies.
Sec. 804. Review of acquisition process for rapid fielding of 
           capabilities in response to urgent operational needs.
Sec. 805. Acquisition of major automated information system programs.
Sec. 806. Requirements for information relating to supply chain risk.

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

Sec. 811. Cost estimates for program baselines and contract negotiations 
           for major defense acquisition and major automated information 
           system programs.
Sec. 812. Management of manufacturing risk in major defense acquisition 
           programs.
Sec. 813. Modification and extension of requirements of the Weapon 
           System Acquisition Reform Act of 2009.
Sec. 814. Inclusion of major subprograms to major defense acquisition 
           programs under various acquisition-related requirements.

 Subtitle C--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 821. Provisions relating to fire resistant fiber for production of 
           military uniforms.
Sec. 822. Repeal of requirement for certain procurements from firms in 
           the small arms production industrial base.
Sec. 823. Review of regulatory definition relating to production of 
           specialty metals.

[[Page 124 STAT. 4143]]

Sec. 824. Guidance relating to rights in technical data.
Sec. 825. Extension of sunset date for certain protests of task and 
           delivery order contracts.
Sec. 826. Inclusion of option amounts in limitations on authority of the 
           Department of Defense to carry out certain prototype 
           projects.
Sec. 827. Permanent authority for Defense Acquisition Challenge Program; 
           pilot expansion of Program.
Sec. 828. Energy savings performance contracts.
Sec. 829. Definition of materials critical to national security.

                     Subtitle D--Contractor Matters

Sec. 831. Oversight and accountability of contractors performing private 
           security functions in areas of combat operations.
Sec. 832. Extension of regulations on contractors performing private 
           security functions to areas of other significant military 
           operations.
Sec. 833. Standards and certification for private security contractors.
Sec. 834. Enhancements of authority of Secretary of Defense to reduce or 
           deny award fees to companies found to jeopardize the health 
           or safety of Government personnel.
Sec. 835. Annual joint report and Comptroller General review on 
           contracting in Iraq and Afghanistan.

                        Subtitle E--Other Matters

Sec. 841. Improvements to structure and functioning of Joint 
           Requirements Oversight Council.
Sec. 842. Department of Defense policy on acquisition and performance of 
           sustainable products and services.
Sec. 843. Assessment and plan for critical rare earth materials in 
           defense applications.
Sec. 844. Review of national security exception to competition.
Sec. 845. Requirement for entities with facility clearances that are not 
           under foreign ownership control or influence mitigation.
Sec. 846. Procurement of photovoltaic devices.
Sec. 847. Non-availability exception from Buy American requirements for 
           procurement of hand or measuring tools.
Sec. 848. Contractor logistics support of contingency operations.

                   Subtitle F--Improve Acquisition Act

Sec. 860. Short title.

                   Part I--Defense Acquisition System

Sec. 861. Improvements to the management of the defense acquisition 
           system.
Sec. 862. Comptroller General report on Joint Capabilities Integration 
           and Development System.
Sec. 863. Requirements for the acquisition of services.
Sec. 864. Review of defense acquisition guidance.
Sec. 865. Requirement to review references to services acquisition 
           throughout the Federal Acquisition Regulation and the Defense 
           Federal Acquisition Regulation Supplement.
Sec. 866.  Pilot program on acquisition of military purpose 
           nondevelopmental items.

                 Part II--Defense Acquisition Workforce

Sec. 871. Acquisition workforce excellence.
Sec. 872. Amendments to the acquisition workforce demonstration project.
Sec. 873. Career development for civilian and military personnel in the 
           acquisition workforce.
Sec. 874. Recertification and training requirements.
Sec. 875. Information technology acquisition workforce.
Sec. 876. Definition of acquisition workforce.
Sec. 877. Defense Acquisition University curriculum review.

                     Part III--Financial Management

Sec. 881. Audit readiness of financial statements of the Department of 
           Defense.
Sec. 882. Review of obligation and expenditure thresholds.
Sec. 883. Disclosure and traceability of the cost of Department of 
           Defense health care contracts.

                        Part IV--Industrial Base

Sec. 891. Expansion of the industrial base.

[[Page 124 STAT. 4144]]

Sec. 892. Price trend analysis for supplies and equipment purchased by 
           the Department of Defense.
Sec. 893. Contractor business systems.
Sec. 894. Review and recommendations on eliminating barriers to 
           contracting with the Department of Defense.
Sec. 895. Inclusion of the providers of services and information 
           technology in the national technology and industrial base.
Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and 
           Industrial Base Policy; Industrial Base Fund.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Reorganization of Office of the Secretary of Defense to carry 
           out reduction required by law in number of Deputy Under 
           Secretaries of Defense.

                      Subtitle B--Space Activities

Sec. 911. Integrated space architectures.
Sec. 912. Limitation on use of funds for costs of terminating contracts 
           under the National Polar-Orbiting Operational Environmental 
           Satellite System Program.
Sec. 913. Limitation on use of funds for purchasing Global Positioning 
           System user equipment.
Sec. 914. Plan for integration of space-based nuclear detection sensors.
Sec. 915. Preservation of the solid rocket motor industrial base.
Sec. 916. Implementation plan to sustain solid rocket motor industrial 
           base.
Sec. 917. Review and plan on sustainment of liquid rocket propulsion 
           systems industrial base.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Five-year extension of authority for Secretary of Defense to 
           engage in commercial activities as security for intelligence 
           collection activities.
Sec. 922. Modification of attendees at proceedings of Intelligence, 
           Surveillance, and Reconnaissance Integration Council.
Sec. 923. Report on Department of Defense interservice management and 
           coordination of remotely piloted aircraft support of 
           intelligence, surveillance, and reconnaissance.
Sec. 924. Report on requirements fulfillment and personnel management 
           relating to Air Force intelligence, surveillance, and 
           reconnaissance provided by remotely piloted aircraft.

     Subtitle D--Cyber Warfare, Cyber Security, and Related Matters

Sec. 931. Continuous monitoring of Department of Defense information 
           systems for cybersecurity.
Sec. 932. Strategy on computer software assurance.
Sec. 933. Strategy for acquisition and oversight of Department of 
           Defense cyber warfare capabilities.
Sec. 934. Report on the cyber warfare policy of the Department of 
           Defense.
Sec. 935. Reports on Department of Defense progress in defending the 
           Department and the defense industrial base from cyber events.

                        Subtitle E--Other Matters

Sec. 941. Two-year extension of authorities relating to temporary waiver 
           of reimbursement of costs of activities for nongovernmental 
           personnel at Department of Defense Regional Centers for 
           Security Studies.
Sec. 942. Additional requirements for quadrennial roles and missions 
           review in 2011.
Sec. 943. Report on organizational structure and policy guidance of the 
           Department of Defense regarding information operations.
Sec. 944. Report on organizational structures of the geographic 
           combatant command headquarters.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional appropriations for operations in 
           Afghanistan, Iraq, and Haiti for fiscal year 2010.
Sec. 1003. Budgetary effects of this Act.

                   Subtitle B--Counter-Drug Activities

Sec. 1011. Unified counter-drug and counterterrorism campaign in 
           Colombia.

[[Page 124 STAT. 4145]]

Sec. 1012. Extension and modification of joint task forces support to 
           law enforcement agencies conducting counter-terrorism 
           activities.
Sec. 1013. Reporting requirement on expenditures to support foreign 
           counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign 
           governments.
Sec. 1015. Notice to Congress on military construction projects for 
           facilities of the Department of Defense and foreign law 
           enforcement agencies for counter-drug activities.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Extension of authority for reimbursement of expenses for 
           certain Navy mess operations.
Sec. 1022. Expressing the sense of Congress regarding the naming of a 
           naval combat vessel after Father Vincent Capodanno.
Sec. 1023. Requirements for long-range plan for construction of naval 
           vessels.

                      Subtitle D--Counterterrorism

Sec. 1031. Extension of certain authority for making rewards for 
           combating terrorism.
Sec. 1032. Prohibition on the use of funds for the transfer or release 
           of individuals detained at United States Naval Station, 
           Guantanamo Bay, Cuba.
Sec. 1033. Certification requirements relating to the transfer of 
           individuals detained at Naval Station, Guantanamo Bay, Cuba, 
           to foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds to modify or construct 
           facilities in the United States to house detainees 
           transferred from United States Naval Station, Guantanamo Bay, 
           Cuba.
Sec. 1035. Comprehensive review of force protection policies.

             Subtitle E--Homeland Defense and Civil Support

Sec. 1041. Limitation on deactivation of existing Consequence Management 
           Response Forces.

                     Subtitle F--Studies and Reports

Sec. 1051. Interagency national security knowledge and skills.
Sec. 1052. Report on establishing a Northeast Regional Joint Training 
           Center.
Sec. 1053. Comptroller General report on previously requested reports.
Sec. 1054. Biennial report on nuclear triad.
Sec. 1055. Comptroller General study on common alignment of world 
           regions in departments and agencies with international 
           responsibilities.
Sec. 1056. Required reports concerning bomber modernization, 
           sustainment, and recapitalization efforts in support of the 
           national defense strategy.
Sec. 1057. Comptroller General study and recommendations regarding 
           security of southern land border of the United States.

          Subtitle G--Miscellaneous Authorities and Limitations

Sec. 1061. Public availability of Department of Defense reports required 
           by law.
Sec. 1062. Prohibition on infringing on the individual right to lawfully 
           acquire, possess, own, carry, and otherwise use privately 
           owned firearms, ammunition, and other weapons.
Sec. 1063. Development of criteria and methodology for determining the 
           safety and security of nuclear weapons.

                        Subtitle H--Other Matters

Sec. 1071. National Defense Panel.
Sec. 1072. Sale of surplus military equipment to State and local 
           homeland security and emergency management agencies.
Sec. 1073. Defense research and development rapid innovation program.
Sec. 1074. Authority to make excess nonlethal supplies available for 
           domestic emergency assistance.
Sec. 1075. Technical and clerical amendments.
Sec. 1076. Study on optimal balance of manned and remotely piloted 
           aircraft.
Sec. 1077. Treatment of successor contingency operation to Operation 
           Iraqi Freedom.
Sec. 1078. Program to assess the utility of non-lethal weapons.
Sec. 1079. Sense of Congress on strategic nuclear force reductions.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Clarification of authorities at personnel demonstration 
           laboratories.
Sec. 1102. Requirements for Department of Defense senior mentors.

[[Page 124 STAT. 4146]]

Sec. 1103. One-year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1104. Extension and modification of enhanced Department of Defense 
           appointment and compensation authority for personnel for care 
           and treatment of wounded and injured members of the Armed 
           Forces.
Sec. 1105. Rate of overtime pay for Department of the Navy employees 
           performing work aboard or dockside in support of the nuclear 
           aircraft carrier forward deployed in Japan.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Expansion of authority for support of special operations to 
           combat terrorism.
Sec. 1202. Addition of allied government agencies to enhanced logistics 
           interoperability authority.
Sec. 1203. Expansion of temporary authority to use acquisition and 
           cross-servicing agreements to lend certain military equipment 
           to certain foreign forces for personnel protection and 
           survivability.
Sec. 1204. Authority to pay personnel expenses in connection with 
           African cooperation.
Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior 
           Counter Terrorism Forces.
Sec. 1206. Air Force scholarships for Partnership for Peace nations to 
           participate in the Euro-NATO Joint Jet Pilot Training 
           program.
Sec. 1207. Modification and extension of authorities relating to program 
           to build the capacity of foreign military forces.

     Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. Limitation on availability of funds for certain purposes 
           relating to Iraq.
Sec. 1212. One-year extension and modification of Commanders' Emergency 
           Response Program.
Sec. 1213. Extension of authority for reimbursement of certain coalition 
           nations for support provided to United States military 
           operations.
Sec. 1214. Extension of authority to transfer defense articles and 
           provide defense services to the military and security forces 
           of Iraq and Afghanistan.
Sec. 1215. No permanent military bases in Afghanistan.
Sec. 1216. Authority to use funds for reintegration activities in 
           Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out 
           infrastructure projects in Afghanistan.
Sec. 1218. Extension of logistical support for coalition forces 
           supporting operations in Iraq and Afghanistan.
Sec. 1219. Recommendations on oversight of contractors engaged in 
           activities relating to Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency 
           Fund.

                  Subtitle C--Reports and Other Matters

Sec. 1231. One-year extension of report on progress toward security and 
           stability in Afghanistan.
Sec. 1232. Two-year extension of United States plan for sustaining the 
           Afghanistan National Security Forces.
Sec. 1233. Modification of report on responsible redeployment of United 
           States Armed Forces from Iraq.
Sec. 1234. Report on Department of Defense support for coalition 
           operations.
Sec. 1235. Reports on police training programs.
Sec. 1236. Report on certain Iraqis affiliated with the United States.
Sec. 1237. Report on Department of Defense's plans to reform the export 
           control system.
Sec. 1238. Report on United States efforts to defend against threats 
           posed by the anti-access and area-denial capabilities of 
           certain nation-states.
Sec. 1239. Defense Science Board report on Department of Defense 
           strategy to counter violent extremism outside the United 
           States.
Sec. 1240. Report on merits of an Incidents at Sea agreement between the 
           United States, Iran, and certain other countries.
Sec. 1241. Requirement to monitor and evaluate Department of Defense 
           activities to counter violent extremism in Africa.
Sec. 1242. NATO Special Operations Headquarters.
Sec. 1243. National Military Strategy to Counter Iran and required 
           briefings.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

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

[[Page 124 STAT. 4147]]

Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of 
           excellence in countries outside of the former Soviet Union.
Sec. 1304. Plan for nonproliferation, proliferation prevention, and 
           threat reduction activities with the People's Republic of 
           China.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Study on working capital fund cash balances.
Sec. 1403. Modification of certain working capital fund requirements.
Sec. 1404. Reduction of unobligated balances within the Pentagon 
           Reservation Maintenance Revolving Fund.
Sec. 1405. National Defense Sealift Fund.
Sec. 1406. Chemical Agents and Munitions Destruction, Defense.
Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1408. Defense Inspector General.
Sec. 1409. Defense Health Program.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously 
           authorized disposals from the National Defense Stockpile.

              Subtitle C--Chemical Demilitarization Matters

Sec. 1421. Consolidation and reorganization of statutory authority for 
           destruction of United States stockpile of lethal chemical 
           agents and munitions.

                        Subtitle D--Other Matters

Sec. 1431. Authorization of appropriations for Armed Forces Retirement 
           Home.
Sec. 1432. Authority for transfer of funds to Joint Department of 
           Defense-Department of Veterans Affairs Medical Facility 
           Demonstration Fund for Captain James A. Lovell Health Care 
           Center, Illinois.

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

         Subtitle A--Authorization of Additional Appropriations

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. National Guard and Reserve equipment.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Military personnel.
Sec. 1512. Working capital funds.
Sec. 1513. Defense Health Program.
Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1515. Defense Inspector General.

                      Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.

                Subtitle C--Limitations and Other Matters

Sec. 1531. Limitations on availability of funds in Afghanistan Security 
           Forces Fund.
Sec. 1532. Limitations on availability of funds in Iraq Security Forces 
           Fund.
Sec. 1533. Continuation of prohibition on use of United States funds for 
           certain facilities projects in Iraq.
Sec. 1534. Joint Improvised Explosive Device Defeat Fund.
Sec. 1535. Task Force for Business and Stability Operations in 
           Afghanistan and economic transition plan and economic 
           strategy for Afghanistan.

TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED 
                                 FORCES

Sec. 1601. Definition of Department of Defense sexual assault prevention 
           and response program and other definitions.

[[Page 124 STAT. 4148]]

Sec. 1602. Comprehensive Department of Defense policy on sexual assault 
           prevention and response program.

 Subtitle A--Organizational Structure and Application of Sexual Assault 
                Prevention and Response Program Elements

Sec. 1611. Sexual Assault Prevention and Response Office.
Sec. 1612. Oversight and evaluation standards.
Sec. 1613. Report and plan for completion of acquisition of centralized 
           Department of Defense sexual assault database.
Sec. 1614. Restricted reporting of sexual assaults.

       Subtitle B--Improved and Expanded Availability of Services

Sec. 1621. Improved protocols for providing medical care for victims of 
           sexual assault.
Sec. 1622. Sexual assault victims access to Victim Advocate services.

                   Subtitle C--Reporting Requirements

Sec. 1631. Annual report regarding sexual assaults involving members of 
           the Armed Forces and improvement to sexual assault prevention 
           and response program.
Sec. 1632. Additional reports.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be 
           specified by law.
Sec. 2003. Funding tables.

                  TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Use of unobligated Army military construction funds in 
           conjunction with funds provided by the Commonwealth of 
           Virginia to carry out certain fiscal year 2002 project.
Sec. 2106. Modification of authority to carry out certain fiscal year 
           2009 project.
Sec. 2107. Modification of authority to carry out certain fiscal year 
           2010 project.
Sec. 2108. Extension of authorizations of certain fiscal year 2008 
           projects.

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Technical amendment to reflect multi-increment fiscal year 
           2010 project.
Sec. 2206. Extension of authorization of certain fiscal year 2008 
           project.

              TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorization of certain fiscal year 2007 
           project.

           TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

                Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition 
           projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year 
           2010 projects.

          Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization 
           construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year 
           2000 project.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

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

[[Page 124 STAT. 4149]]

Sec. 2502. Authorization of appropriations, NATO.

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land 
           acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
           projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
           and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land 
           acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
           acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2008 
           projects.

          TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and 
           closure activities funded through Department of Defense Base 
           Closure Account 1990.
Sec. 2702. Authorized base realignment and closure activities funded 
           through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base realignment and 
           closure activities funded through Department of Defense Base 
           Closure Account 2005.
Sec. 2704. Transportation plan for BRAC 133 project under Fort Belvoir, 
           Virginia, BRAC initiative.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                 Changes

Sec. 2801. Availability of military construction information on 
           Internet.
Sec. 2802. Use of Pentagon Reservation Maintenance Revolving Fund for 
           construction or alteration at Pentagon Reservation.
Sec. 2803. Reduced reporting time limits for certain military 
           construction and real property reports when submitted in 
           electronic media.
Sec. 2804. Authority to use operation and maintenance funds for 
           construction projects inside the United States Central 
           Command area of responsibility.
Sec. 2805. Sense of Congress and report regarding employment of veterans 
           to work on military construction projects.

         Subtitle B--Real Property and Facilities Administration

Sec. 2811. Notice-and-wait requirements applicable to real property 
           transactions.
Sec. 2812. Treatment of proceeds generated from leases of non-excess 
           property involving military museums.
Sec. 2813. Limitation on enhanced use leases of non-excess property.
Sec. 2814. Repeal of expired authority to lease land for special 
           operations activities.
Sec. 2815. Former Naval Bombardment Area, Culebra Island, Puerto Rico.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Extension of term of Deputy Secretary of Defense's leadership 
           of Guam Oversight Council.
Sec. 2822. Utility conveyances to support integrated water and 
           wastewater treatment system on Guam.
Sec. 2823. Report on types of facilities required to support Guam 
           realignment.
Sec. 2824. Report on civilian infrastructure needs for Guam.

                       Subtitle D--Energy Security

Sec. 2831. Consideration of environmentally sustainable practices in 
           Department energy performance plan.
Sec. 2832. Enhancement of energy security activities of the Department 
           of Defense.

                      Subtitle E--Land Conveyances

Sec. 2841. Land conveyance, Defense Fuel Support Point (DFSP) Whittier, 
           Alaska.
Sec. 2842. Land conveyance, Fort Knox, Kentucky.
Sec. 2843. Land conveyance, Naval Support Activity (West Bank), New 
           Orleans, Louisiana.
Sec. 2844. Land conveyance, former Navy Extremely Low Frequency 
           communications project site, Republic, Michigan.
Sec. 2845. Land conveyance, Marine Forces Reserve Center, Wilmington, 
           North Carolina.

                        Subtitle F--Other Matters

Sec. 2851. Limitation on availability of funds pending report regarding 
           construction of a new outlying landing field in North 
           Carolina and Virginia.

[[Page 124 STAT. 4150]]

Sec. 2852. Requirements related to providing world class military 
           medical centers.
Sec. 2853. Report on fuel infrastructure sustainment, restoration, and 
           modernization requirements.
Sec. 2854. Naming of Armed Forces Reserve Center, Middletown, 
           Connecticut.
Sec. 2855. Sense of Congress on proposed extension of the Alaska 
           Railroad corridor across Federal land in Alaska.
Sec. 2856. Sense of Congress on improving military housing for members 
           of the Air Force.
Sec. 2857. Sense of Congress regarding recreational hunting and fishing 
           on military installations.

    TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition 
           project.
Sec. 2903. Authorized Defense Wide Construction and Land Acquisition 
           Projects and Authorization of Appropriations.

             TITLE XXX--MILITARY CONSTRUCTION FUNDING TABLES

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Energy security and assurance.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Aircraft procurement.
Sec. 3112. Biennial plan on modernization and refurbishment of the 
           nuclear security complex.
Sec. 3113. Comptroller General assessment of adequacy of budget requests 
           with respect to the modernization and refurbishment of the 
           nuclear weapons stockpile.
Sec. 3114. Notification of cost overruns for certain Department of 
           Energy projects.
Sec. 3115. Establishment of cooperative research and development 
           centers.
Sec. 3116. Future-years defense environmental management plan.
Sec. 3117. Extension of authority of Secretary of Energy for appointment 
           of certain scientific, engineering, and technical personnel.
Sec. 3118. Extension of authority of Secretary of Energy to enter into 
           transactions to carry out certain research projects.
Sec. 3119. Extension of authority relating to the International 
           Materials Protection, Control, and Accounting Program of the 
           Department of Energy.
Sec. 3120. Extension of deadline for transfer of parcels of land to be 
           conveyed to Los Alamos County, New Mexico, and held in trust 
           for the Pueblo of San Ildefonso.
Sec. 3121. Repeal of sunset provision for modification of minor 
           construction threshold for plant projects.
Sec. 3122. Enhancing private-sector employment through cooperative 
           research and development activities.
Sec. 3123. Limitation on use of funds for establishment of centers of 
           excellence in countries outside of the former Soviet Union.
Sec. 3124.  Department of Energy energy parks program.

                           Subtitle C--Reports

Sec. 3131. Report on graded security protection policy.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                   TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for national security aspects 
           of the merchant marine for fiscal year 2011.

[[Page 124 STAT. 4151]]

Sec. 3502. Extension of Maritime Security Fleet program.
Sec. 3503. United States Merchant Marine Academy nominations of 
           residents of the Northern Mariana Islands.
Sec. 3504. Research authority.

SEC. 3. <<NOTE: 10 USC 101 note.>>  CONGRESSIONAL DEFENSE 
                    COMMITTEES.

    For purposes of this Act, the term ``congressional defense 
committees'' has the meaning given that term in section 101(a)(16) of 
title 10, United States Code.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.

                        Subtitle B--Navy Programs

Sec. 111. Multiyear funding for detail design and construction of LHA 
           Replacement ship designated LHA-7.
Sec. 112. Requirement to maintain Navy airborne signals intelligence, 
           surveillance, and reconnaissance capabilities.
Sec. 113. Report on naval force structure and missile defense.
Sec. 114. Reports on service-life extension of F/A-18 aircraft by the 
           Department of the Navy.

               Subtitle C--Joint and Multiservice Matters

Sec. 121. Limitations on biometric systems funds.
Sec. 122. System management plan and matrix for the F-35 Joint Strike 
           Fighter aircraft program.
Sec. 123. Quarterly reports on use of Combat Mission Requirements funds.
Sec. 124. Counter-improvised explosive device initiatives database.
Sec. 125. Study on lightweight body armor solutions.
Sec. 126. Integration of solid state laser systems into certain 
           aircraft.
Sec. 127. Contracts for commercial imaging satellite capacities.

               Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for procurement for the Army as follows:
            (1) For aircraft, $5,908,384,000.
            (2) For missiles, $1,670,463,000.
            (3) For weapons and tracked combat vehicles, $1,656,263,000.
            (4) For ammunition, $1,953,194,000.
            (5) For other procurement, $9,758,965,000.
SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for fiscal 
year 2011 for procurement for the Navy as follows:
            (1) For aircraft, $18,877,139,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,358,264,000.

[[Page 124 STAT. 4152]]

            (3) For shipbuilding and conversion, $15,724,520,000.
            (4) For other procurement, $6,381,815,000.

    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2011 for procurement for the Marine Corps in the amount 
of $1,296,838,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2011 for procurement of ammunition 
for the Navy and the Marine Corps in the amount of $817,991,000.
SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for procurement for the Air Force as follows:
            (1) For aircraft, $14,668,408,000.
            (2) For ammunition, $672,420,000.
            (3) For missiles, $5,444,464,000.
            (4) For other procurement, $17,845,342,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for Defense-wide procurement in the amount of $4,398,168,000.

                        Subtitle B--Navy Programs

SEC. 111. MULTIYEAR FUNDING FOR DETAIL DESIGN AND CONSTRUCTION OF 
                        LHA REPLACEMENT SHIP DESIGNATED LHA-7.

    (a) Authority to Use Multiple Years of Funding.--The Secretary of 
the Navy may enter into a contract for detail design and construction of 
the LHA Replacement ship designated LHA-7 that provides that, subject to 
subsection (b), funds for payments under the contract may be provided 
from amounts authorized to be appropriated for the Department of Defense 
for Shipbuilding and Conversion, Navy, for fiscal years 2011 and 2012.
    (b) Condition for Out-year Contract Payments.--A contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2011 is subject to the availability of appropriations 
for that purpose for such later fiscal year.
SEC. 112. REQUIREMENT TO MAINTAIN NAVY AIRBORNE SIGNALS 
                        INTELLIGENCE, SURVEILLANCE, AND 
                        RECONNAISSANCE CAPABILITIES.

    (a) Findings.--Congress finds the following:
            (1) The Navy terminated the EP-X program to acquire a new 
        land-based airborne signals intelligence capability because of 
        escalating costs and funds budgeted for the program were re-
        allocated to other priorities.
            (2) The Navy took this action without planning and budgeting 
        for alternative means to meet operational requirements for 
        tactical-level and theater-level signals intelligence 
        capabilities to support the combatant commands and national 
        intelligence consumers.
            (3) The principal Navy airborne signals intelligence 
        capability today is the EP-3E Airborne Reconnaissance Integrated 
        Electronic System II (ARIES II)--the aircraft and associated 
        electronic equipment of this system are aging and will require

[[Page 124 STAT. 4153]]

        replacement or substantial ongoing upgrades to continue to meet 
        requirements.
            (4) The Special Projects Aircraft (SPA) platform of the Navy 
        is the second critical element in the airborne signals 
        intelligence capability of the Navy and provides the Navy its 
        most advanced, comprehensive multi-intelligence and quick-
        reaction capability available.

    (b) Requirement To Maintain Capabilities.--
            (1) Prohibition on retirement of platforms.--The Secretary 
        of the Navy may not retire (or to prepare to retire) the EP-3E 
        Airborne Reconnaissance Integrated Electronic System II or 
        Special Projects Aircraft platform.
            (2) Maintenance of platforms.--The Secretary of the Navy 
        shall continue to maintain, sustain, and upgrade the EP-3E 
        Airborne Reconnaissance Integrated Electronic System II and 
        Special Projects Aircraft platforms in order to provide 
        capabilities necessary to operate effectively against rapidly 
        evolving threats and to meet combatant commander operational 
        intelligence, surveillance, and reconnaissance requirements.
            (3) <<NOTE: Deadline.>>  Certification.--Not later than 
        February 1, 2011, and annually thereafter, the Under Secretary 
        of Defense for Intelligence and the Vice Chairman of the Joint 
        Chiefs of Staff shall jointly certify to Congress the following:
                    (A) The Secretary of the Navy is maintaining and 
                sustaining the EP-3E Airborne Reconnaissance Integrated 
                Electronic System II and Special Projects Aircraft 
                platform in a manner that meets the intelligence, 
                surveillance, and reconnaissance requirements of the 
                commanders of the combatant commands.
                    (B) Any plan for the retirement or replacement of 
                the EP-3E Airborne Reconnaissance Integrated Electronic 
                System II or Special Projects Aircraft platform will 
                provide, in the aggregate, an equivalent or superior 
                capability and capacity to the platform concerned.
            (4) Termination.--The requirements of this subsection with 
        respect to the EP-3E Airborne Reconnaissance Integrated 
        Electronic System II or the Special Projects Aircraft platform 
        shall expire on the commencement of the fielding by the Navy of 
        a platform or mix of platforms and sensors that are, in the 
        aggregate, equivalent or superior to the EP-3E Airborne 
        Reconnaissance Integrated Electronic System II (spiral 3) or the 
        Special Projects Aircraft (P909) platform.

    (c) Restriction on Transfer of Saber Focus Program ISR 
Capabilities.--
            (1) <<NOTE: Time period. Certification.>>  Restriction.--The 
        Secretary of the Navy may not transfer the Saber Focus unmanned 
        aerial system, associated equipment, or processing, 
        exploitation, and dissemination capabilities of the Saber Focus 
        program to the Secretary of the Air Force until 30 days after 
        the Secretary of the Air Force certifies to the congressional 
        defense committees that after such a transfer, the Secretary of 
        the Air Force will provide intelligence, surveillance, and 
        reconnaissance (hereinafter in this section referred to as 
        ``ISR'') capabilities at the same or greater capability and 
        capacity level as the capability or capacity level at which the 
        Saber Focus program provides such capabilities to the area of 
        operations concerned as of the date of the enactment of this 
        Act.

[[Page 124 STAT. 4154]]

            (2) Continued navy provision of capabilities.--The Secretary 
        of the Navy shall continue to provide Saber Focus ISR program 
        capabilities at the same or greater capability and capacity 
        level as the capability or capacity level at which the Saber 
        Focus program provides such capabilities as of the date of the 
        enactment of this Act to the area of operations concerned 
        until--
                    (A) <<NOTE: Certification.>>  the certification 
                referred to in paragraph (1) is provided to the 
                congressional defense committees; or
                    (B) <<NOTE: Time period. Certification.>>  30 days 
                after the Secretary of Defense certifies to the 
                congressional defense committees that the ISR 
                capabilities of the Saber Focus program are no longer 
                required to mitigate the ISR requirements of the 
                combatant commander in the area of operations concerned.
SEC. 113. REPORT ON NAVAL FORCE STRUCTURE AND MISSILE DEFENSE.

    (a) Report.--Not later than March 31, 2011, the Secretary of 
Defense, in coordination with the Secretary of the Navy and the Chief of 
Naval Operations, shall submit to the congressional defense committees a 
report on the force structure requirements of the major combatant 
surface vessels with respect to ballistic missile defense.
    (b) Matters Included.--The report shall include the following:
            (1) An analysis of whether the requirement for sea-based 
        missile defense can be accommodated by upgrading Aegis ships 
        that exist as of the date of the report or by procuring 
        additional combatant surface vessels.
            (2) A discussion of whether such sea-based missile defense 
        will require increasing the overall number of combatant surface 
        vessels beyond the requirement of 88 cruisers and destroyers in 
        the 313-ship fleet plan of the Navy.
            (3) A discussion of the process for determining the number 
        of Aegis ships needed by each commander of the combatant 
        commands to fulfill ballistic missile defense requirements, 
        including (in consultation with the Chairman of the Joints 
        Chiefs of Staff) the number of such ships needed to support the 
        phased, adaptive approach to ballistic missile defense in 
        Europe.
            (4) A discussion of the impact of Aegis Ashore missile 
        defense deployments, as well as deployment of other elements of 
        the ballistic missile defense system, on Aegis ballistic missile 
        defense ship force structure requirements.
            (5) A discussion of the potential effect of ballistic 
        missile defense operations on the ability of the Navy to meet 
        surface fleet demands in each geographic area and for each 
        mission set.
            (6) An evaluation of how the Aegis ballistic missile defense 
        program can succeed as part of a balanced fleet of adequate size 
        and strength to meet the security needs of the United States.
            (7) A description of both the shortfalls and the benefits of 
        expected technological advancements in the sea-based missile 
        defense program.
            (8) A description of the anticipated plan for deployment of 
        Aegis ballistic missile defense ships within the context of the 
        fleet response plan.

[[Page 124 STAT. 4155]]

SEC. 114. REPORTS ON SERVICE-LIFE EXTENSION OF F/A-18 AIRCRAFT BY 
                        THE DEPARTMENT OF THE NAVY.

    (a) Cost-benefit Analysis of Service Life Extension of F/A-18 
Aircraft.--Before the Secretary of the Navy may enter into a program to 
extend the service life of F/A-18 aircraft beyond 8,600 hours, the 
Secretary shall--
            (1) conduct a cost-benefit analysis, in accordance with 
        Office of Management and Budget Circular A-94, comparing 
        extending the service life of existing F/A-18 aircraft with 
        procuring additional F/A-18E or F/A-18F aircraft as a means of 
        managing the shortfall of the Department of the Navy in strike 
        fighter aircraft; and
            (2) submit to the congressional defense committees a report 
        on such cost-benefit analysis.

    (b) Elements of Cost-benefit Analysis.--The cost-benefit analysis 
required by subsection (a)(1) shall include the following:
            (1) An estimate of the full costs, over the period covered 
        by the future-years defense program submitted to Congress under 
        section 221 of title 10, United States Code, with the budget of 
        the President, of extending legacy F/A-18 aircraft beyond 8,600 
        hours, including--
                    (A) any increases in operation and maintenance costs 
                associated with operating such aircraft beyond a service 
                life of 8,600 hours; and
                    (B) the costs with respect to the airframe, 
                avionics, software, and aircraft subsystems and 
                components required to remain relevant in countering 
                future threats and meeting the warfighting requirements 
                of the commanders of the combatant commands.
            (2) An estimate of the full costs, over the period covered 
        by such future-years defense program, of procuring such 
        additional F/A-18E or F/A-18F aircraft as would be required to 
        meet the strike fighter requirements of the Department of the 
        Navy in the event the service life of legacy F/A-18 aircraft is 
        not extended beyond 8,600 hours.
            (3) An assessment of risks associated with extending the 
        service life of legacy F/A-18 aircraft beyond 8,600 hours, 
        including the level of certainty that the Secretary will be able 
        to achieve such an extension.
            (4) An estimate of the cost-per-flight hour incurred in 
        operating legacy F/A-18 aircraft with a service life extended 
        beyond 8,600 hours.
            (5) An estimate of the cost-per-flight hour incurred for 
        operating new F/A-18E or FA-18F aircraft.
            (6) An assessment of any alternatives to extending the 
        service life of legacy F/A-18 aircraft beyond 8,600 hours or 
        buying additional F/A-18E or F/A-18F aircraft that may be 
        available to the Secretary to manage the shortfall of the 
        Department of the Navy in strike fighter aircraft.

    (c) Additional Elements of Report.--In addition to the information 
required in the cost-benefit analysis under subsection (b), the report 
under subsection (a)(2) shall include an assessment of the following:
            (1) Differences in capabilities of--
                    (A) legacy F/A-18 aircraft that have undergone 
                service-life extension;
                    (B) F/A-18E or F/A-18F aircraft; and

[[Page 124 STAT. 4156]]

                    (C) F-35C aircraft.
            (2) Differences in capabilities that would result under the 
        legacy F/A-18 aircraft service-life extension program if such 
        program would--
                    (A) provide only airframe-life extensions to the 
                legacy F/A-18 aircraft fleet; and
                    (B) provide for airframe-life extensions and 
                capability upgrades to the legacy F/A-18 aircraft fleet.
            (3) Any disruption that procuring additional F/A-18E or F/A-
        18F aircraft, rather than extending the service life of legacy 
        F/A-18 aircraft beyond 8,600 hours, would have on the plan of 
        the Navy to procure operational carrier-variant Joint Strike 
        Fighter aircraft.
            (4) Any changes that procuring additional F/A-18E or FA-18F 
        aircraft, rather than extending the service life of legacy F/A-
        18 aircraft beyond 8600 hours, would have on the force structure 
        or force mix intended by the Navy for its carrier air wings.
            (5) Any other operational implication of extending (or not 
        extending) the service life of legacy F/A-18 aircraft that the 
        Secretary considers appropriate.

    (d) Report On Operational F/A-18 Aircraft Squadrons.--Before 
reducing the number of F/A-18 aircraft in an operational squadron of the 
Navy or Marine Corps, the Secretary shall submit to the congressional 
defense committees a report that discusses the operational risks and 
impacts of reducing the squadron size. The report shall include an 
assessment of the following:
            (1) The effect of the reduction on the operational 
        capability and readiness of the Navy and the Marine Corps to 
        conduct overseas contingency operations.
            (2) The effect of the reduction on the capability of the 
        Navy and the Marine Corps to meet ongoing operational demands.
            (3) Any mechanisms the Secretary intends to use to mitigate 
        any risks associated with the squadron size reduction.
            (4) The effect of the reduction on pilots and ground support 
        crews of F/A-18 aircraft, in terms of training, readiness, and 
        war fighting capabilities.

    (e) Report On F/A-18 Aircraft Training Squadrons.--Before reducing 
the size of an F/A-18 aircraft training squadron, or transferring an F/
A-18 training aircraft for operational needs, the Secretary shall submit 
to the congressional defense committees a report that describes--
            (1) any risks to sustaining required training of F/A-18 
        aircraft pilots with a reduced training aircraft base; and
            (2) any actions the Navy is taking to mitigate the risks 
        described under paragraph (1).

               Subtitle C--Joint and Multiservice Matters

SEC. 121. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS.

    Of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2011 for biometrics programs and 
operations, not more than 85 percent may be obligated or expended 
until--

[[Page 124 STAT. 4157]]

            (1) <<NOTE: Reports.>>  the Secretary of Defense submits to 
        the congressional defense committees a report on the actions 
        taken and planned to be taken--
                    (A) to implement subparagraphs (A) through (F) of 
                paragraph (16) of the National Security Presidential 
                Directive dated June 5, 2008 (NSPD-59);
                    (B) to implement the recommendations of the 
                Comptroller General of the United States included in the 
                report of the Comptroller General numbered GAO-08-1065 
                dated September 2008;
                    (C) to implement the recommendations of the 
                Comptroller General included in the report of the 
                Comptroller General numbered GAO-09-49 dated October 
                2008;
                    (D) to fully and completely characterize the current 
                biometrics architecture and establish the objective 
                architecture for the Department of Defense;
                    (E) to ensure that an official of the Office of the 
                Secretary of Defense has the authority necessary to be 
                responsible for ensuring that all funding for biometrics 
                programs and operations is programmed, budgeted, and 
                executed; and
                    (F) to ensure that an officer within the Office of 
                the Joint Chiefs of Staff has the authority necessary to 
                be responsible for ensuring the development and 
                implementation of common and interoperable standards for 
                the collection, storage, and use of biometrics data by 
                all commanders of the combatant commands and their 
                commands; and
            (2) a period of 30 days has elapsed after the date on which 
        the report is submitted under paragraph (1).
SEC. 122. SYSTEM MANAGEMENT PLAN AND MATRIX FOR THE F-35 JOINT 
                        STRIKE FIGHTER AIRCRAFT PROGRAM.

    (a) System Management Plan.--
            (1) Plan required.--The Secretary of Defense, acting through 
        the Under Secretary of Defense for Acquisition, Technology, and 
        Logistics, shall establish a management plan for the F-35 Joint 
        Strike Fighter aircraft program under which decisions to commit 
        to specified levels of production are linked to progress in 
        meeting specified program milestones, including design, 
        manufacturing, testing, and fielding milestones for critical 
        system maturity elements.
            (2) Nature of plan.--The plan under paragraph (1) shall 
        align technical progress milestones with acquisition milestones 
        in a system maturity matrix. The matrix shall provide criteria 
        and conditions for comparing expected levels of demonstrated 
        system maturity with annual production commitments, starting 
        with the fiscal year 2012 production program, and continuing 
        over the remaining life of the system development and 
        demonstration program. The matrix and criteria shall include 
        elements such as the following:
                    (A) Manufacturing maturity, including on-time 
                deliveries, manufacturing process control, quality 
                rates, and labor efficiency rates.
                    (B) Engineering maturity, including metrics for the 
                number of new design actions and number of design 
                changes in a given period.

[[Page 124 STAT. 4158]]

                    (C) Performance and testing progress, including test 
                points, hours and flights accomplished, capabilities 
                demonstrated, key performance parameters, and attributes 
                demonstrated.
                    (D) Mission effectiveness and system reliability, 
                including operational effectiveness and reliability 
                growth.
                    (E) Training, fielding, and deployment status.

    (b) Reports to Congress.--
            (1) Initial report.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        congressional defense committees a report setting forth the plan 
        required by subsection (a). The report shall include--
                    (A) the proposed system maturity matrix described in 
                subsection (a)(2), including a description, for each 
                element specified in the matrix under subsection (a)(2), 
                of the criteria and milestones to be used in evaluating 
                actual program performance against planned performance 
                for each annual production commitment; and
                    (B) a description of the actions to be taken to 
                implement the plan.
            (2) Updates.--The Secretary shall submit to Congress, at or 
        about the same time as the submittal to Congress of the budget 
        of the President for any fiscal year after fiscal year 2012 (as 
        submitted pursuant to section 1105(a) of title 31, United States 
        Code), any modification to the plan required by subsection (a) 
        that was made during the preceding calendar year, including a 
        rationale for each such modification.

    (c) Report on Capabilities of Marine Corps Variant of F-35 Fighter 
Aircraft at Initial Operating Capability.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        congressional defense committees a report on the expected 
        capabilities of the F-35B Joint Strike Fighter aircraft at the 
        time when the Marine Corps plans to declare Initial Operating 
        Capability for the F-35B Joint Strike Fighter aircraft. The 
        report shall be prepared in consultation with the Under 
        Secretary of Defense for Acquisition, Technology, and Logistics.
            (2) Elements.--The report under paragraph (1) shall 
        including a description of the following with respect to the F-
        35B Joint Strike Fighter aircraft:
                    (A) Performance of the aircraft and its subsystems, 
                compared to key performance parameters.
                    (B) Expected capability to perform Marine Corps 
                missions.
                    (C) Required maintenance and logistics standards, 
                including mission capability rates.
                    (D) Expected levels of crew training and 
                performance.
                    (E) Product improvements that are planned before the 
                Initial Operating Capability of the aircraft to be made 
                after the Initial Operating Capability of the aircraft, 
                as planned in March 2010.
SEC. 123. <<NOTE: 10 USC 167 note.>>  QUARTERLY REPORTS ON USE OF 
                        COMBAT MISSION REQUIREMENTS FUNDS.

    (a) Quarterly Reports Required.--
            (1) In general.--Not later than 30 days after the end of 
        each fiscal quarter, the commander of the United States

[[Page 124 STAT. 4159]]

        Special Operations Command shall submit to the congressional 
        defense committees a report on the use of Combat Mission 
        Requirements funds during the preceding fiscal quarter.
            (2) Combat mission requirements funds.--For purposes of this 
        section, Combat Mission Requirements funds are amounts available 
        to the Department of Defense for Defense-wide procurement in the 
        Combat Mission Requirements subaccount of the Defense-wide 
        Procurement account.

    (b) Elements.--Each report under subsection (a) shall include, for 
the fiscal quarter covered by such report, the following:
            (1) The balance of the Combat Mission Requirements 
        subaccount at the beginning of such quarter.
            (2) The balance of the Combat Mission Requirements 
        subaccount at the end of such quarter.
            (3) Any transfer of funds into or out of the Combat Mission 
        Requirements subaccount during such quarter, including the 
        source of any funds transferred into the subaccount, and the 
        objective of any transfer of funds out of the subaccount.
            (4) A description of any requirement--
                    (A) approved for procurement using Combat Mission 
                Requirements funds during such quarter; or
                    (B) procured using such funds during such quarter.
            (5) With respect to each description of a requirement under 
        paragraph (4), the amount of Combat Mission Requirements funds 
        committed to the procurement or approved procurement of such 
        requirement.

    (c) Form.--Each report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
SEC. 124. <<NOTE: 10 USC 113 note.>>  COUNTER-IMPROVISED EXPLOSIVE 
                        DEVICE INITIATIVES DATABASE.

    (a) Comprehensive Database.--
            (1) In general.--The Secretary of Defense, acting through 
        the Director of the Joint Improvised Explosive Device Defeat 
        Organization, shall develop and maintain a comprehensive 
        database containing appropriate information for coordinating, 
        tracking, and archiving each counter-improvised explosive device 
        initiative within the Department of Defense. The database shall, 
        at a minimum, ensure the visibility of each counter-improvised 
        explosive device initiative.
            (2) Use of information.--Using information contained in the 
        database developed under paragraph (1), the Secretary, acting 
        through the Director of the Joint Improvised Explosive Device 
        Defeat Organization, shall--
                    (A) identify and eliminate redundant counter-
                improvised explosive device initiatives;
                    (B) facilitate the transition of counter-improvised 
                explosive device initiatives from funding under the 
                Joint Improvised Explosive Device Defeat Fund to funding 
                provided by the military departments; and
                    (C) notify the appropriate personnel and 
                organizations prior to a counter-improvised explosive 
                device initiative being funded through the Joint 
                Improvised Explosive Device Defeat Fund.

[[Page 124 STAT. 4160]]

            (3) Coordination.--In carrying out paragraph (1), the 
        Secretary shall ensure that the Secretary of each military 
        department coordinates and collaborates on development of the 
        database to ensure its interoperability, completeness, 
        consistency, and effectiveness.

    (b) Metrics.--The Secretary of Defense, acting through the Director 
of the Joint Improvised Explosive Device Defeat Organization, shall--
            (1) develop appropriate means to measure the effectiveness 
        of counter-improvised explosive device initiatives; and
            (2) prioritize the funding of such initiatives according to 
        such means.

    (c) Counter-improvised Explosive Device Initiative Defined.--In this 
section, the term ``counter-improvised explosive device initiative'' 
means any project, program, or research activity funded by any component 
of the Department of Defense that is intended to assist or support 
efforts to counter, combat, or defeat the use of improvised explosive 
devices.
SEC. 125. STUDY ON LIGHTWEIGHT BODY ARMOR SOLUTIONS.

    (a) Study Required.--The Secretary of Defense shall enter into a 
contract with a federally funded research and development center to 
conduct a study to--
            (1) assess the effectiveness of the processes used by the 
        Secretary to identify and examine the requirements for lighter 
        weight body armor systems; and
            (2) determine ways in which the Secretary may more 
        effectively address the research, development, and procurement 
        requirements regarding reducing the weight of body armor.

    (b) Matters Covered.--The study conducted under subsection (a) shall 
include findings and recommendations regarding the following:
            (1) The requirement for lighter weight body armor and 
        personal protective equipment and the ability of the Secretary 
        to meet such requirement.
            (2) Innovative design ideas for more modular body armor that 
        allow for scalable protection levels for various missions and 
        threats.
            (3) The need for research, development, and acquisition 
        funding dedicated specifically for reducing the weight of body 
        armor.
            (4) The efficiency and effectiveness of current body armor 
        funding procedures and processes.
            (5) Industry concerns, capabilities, and willingness to 
        invest in the development and production of lightweight body 
        armor initiatives.
            (6) Barriers preventing the development of lighter weight 
        body armor (including such barriers with respect to technical, 
        institutional, or financial problems).
            (7) Changes to procedures or policy with respect to 
        lightweight body armor.
            (8) Other areas of concern not previously addressed by 
        equipping boards, body armor producers, or program managers.

    (c) <<NOTE: Deadline.>>  Submission to Congress.--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 
conducted under subsection (a).

[[Page 124 STAT. 4161]]

SEC. 126. INTEGRATION OF SOLID STATE LASER SYSTEMS INTO CERTAIN 
                        AIRCRAFT.

    (a) Analysis of Feasibility Required.--The Secretary of Defense 
shall conduct an analysis of the feasibility of integrating solid state 
laser systems into the aircraft platforms specified in subsection (b) 
for purposes of permitting such aircraft to accomplish their missions, 
including to provide close air support.
    (b) Aircraft.--The aircraft platforms specified in this subsection 
shall include, at a minimum, the following:
            (1) The C-130 aircraft.
            (2) The B-1 bomber aircraft.
            (3) The F-35 fighter aircraft.

    (c) Scope of Analysis.--The analysis required by subsection (a) 
shall include a determination of the following:
            (1) The estimated cost per unit of each laser system 
        analyzed.
            (2) The estimated cost of operation and maintenance of each 
        aircraft platform specified in subsection (b) in connection with 
        each laser system analyzed, noting that the fidelity of such 
        analysis may not be uniform for all aircraft platforms.
SEC. 127. <<NOTE: 10 USC 2302 note.>>  CONTRACTS FOR COMMERCIAL 
                        IMAGING SATELLITE CAPACITIES.

    (a) Telescope Requirements Under Contracts After 2010.--Except as 
provided in subsection (b), any contract for additional commercial 
imaging satellite capability or capacity entered into by the Department 
of Defense after December 31, 2010, shall require that the imaging 
telescope providing such capability or capacity under such contract has 
an aperture of not less than 1.5 meters.
    (b) Waiver.--The Secretary of Defense may waive the limitation in 
subsection (a) if--
            (1) <<NOTE: Certification.>>  the Secretary submits to the 
        congressional defense committees written certification that the 
        waiver is in the national security interests of the United 
        States; and
            (2) <<NOTE: Time period.>>  a period of 30 days has elapsed 
        following the date on which the certification under paragraph 
        (1) is submitted.

    (c) Continuation of Current Contracts.--The limitation in subsection 
(a) may not be construed to prohibit or prevent the Secretary of Defense 
from continuing or maintaining current commercial imaging satellite 
capability or capacity in orbit or under contract by December 31, 2010.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Enhancement of Department of Defense support of science, 
           mathematics, and engineering education.
Sec. 212. Limitation on use of funds by Defense Advanced Research 
           Projects Agency for operation of National Cyber Range.
Sec. 213. Separate program elements required for research and 
           development of Joint Light Tactical Vehicle.
Sec. 214. Program for research, development, and deployment of advanced 
           ground vehicles, ground vehicle systems, and components.

[[Page 124 STAT. 4162]]

Sec. 215. Demonstration and pilot projects on cybersecurity.

                  Subtitle C--Missile Defense Programs

Sec. 221. Sense of Congress on ballistic missile defense.
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense 
           Agency with foreign entities.
Sec. 223. Limitation on availability of funds for missile defense 
           interceptors in Europe.
Sec. 224. Medium Extended Air Defense System.
Sec. 225. Acquisition accountability reports on the ballistic missile 
           defense system.
Sec. 226. Authority to support ballistic missile shared early warning 
           with the Czech Republic.
Sec. 227. Report on phased, adaptive approach to missile defense in 
           Europe.
Sec. 228. Independent review and assessment of the Ground-Based 
           Midcourse Defense system.
Sec. 229. Iron Dome short-range rocket defense program.

                           Subtitle D--Reports

Sec. 231. Report on analysis of alternatives and program requirements 
           for the Ground Combat Vehicle program.
Sec. 232. Cost benefit analysis of future tank-fired munitions.
Sec. 233. Annual Comptroller General report on the VH-(XX) presidential 
           helicopter acquisition program.

                        Subtitle E--Other Matters

Sec. 241. Sense of Congress affirming the importance of Department of 
           Defense participation in development of next generation 
           semiconductor technologies.
Sec. 242. Pilot program on collaborative energy security.
Sec. 243. Pilot program to include technology protection features during 
           research and development of defense systems.

               Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $10,093,704,000.
            (2) For the Navy, $17,881,008,000.
            (3) For the Air Force, $27,319,627,000.
            (4) For Defense-wide activities, $21,292,576,000, of which 
        $194,910,000 is authorized for the Director of Operational Test 
        and Evaluation.

     Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. ENHANCEMENT OF DEPARTMENT OF DEFENSE SUPPORT OF SCIENCE, 
                        MATHEMATICS, AND ENGINEERING EDUCATION.

    (a) Discharge of Support Through Military Departments.--Section 
2192(b) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):

    ``(2) The Secretary of Defense may carry out the authority in 
paragraph (1) through the Secretaries of the military departments.''.

[[Page 124 STAT. 4163]]

    (b) Partnership Intermediaries for Purposes of Education 
Partnerships.--Section 2194 of such title is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) The Secretary of Defense may permit the director of a defense 
laboratory to enter into a cooperative agreement with an appropriate 
entity to act as an intermediary and assist the director in carrying out 
activities under this section.''.
SEC. 212. LIMITATION ON USE OF FUNDS BY DEFENSE ADVANCED RESEARCH 
                        PROJECTS AGENCY FOR OPERATION OF NATIONAL 
                        CYBER RANGE.

    (a) <<NOTE: Time period.>>  Prohibition on Use of Funds Pending 
Report.--Amounts authorized to be appropriated by this Act and available 
to the Defense Advanced Research Projects Agency may not be obligated or 
expended for the National Cyber Range established in support of the 
Comprehensive National Cybersecurity Initiative until the date that is 
90 days after the date on which the Under Secretary of Defense for 
Acquisition, Technology, and Logistics submits to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
described in subsection (c).

    (b) <<NOTE: Time period.>>  Limitation on Use of Funds After 
Report.--Commencing on the date that is 90 days after the date on which 
the Under Secretary submits a report described in subsection (c), 
amounts described in subsection (a) shall be available for obligation or 
expenditure only for the purposes of research and development activities 
that the Under Secretary considers appropriate for ensuring and 
assessing the functionality of the National Cyber Range.

    (c) Report.--
            (1) In general.--The report described in this subsection is 
        a report setting forth a plan for the transition of the National 
        Cyber Range to operation and sustainment.
            (2) Elements.--The report shall include, at a minimum, the 
        following:
                    (A) An analysis of various potential recipients 
                under the transition of the National Cyber Range.
                    (B) For each recipient analyzed under subparagraph 
                (A), a description of the proposed transition of the 
                National Cyber Range to such recipient, including the 
                proposed schedule and funding for such transition.
            (3) Potential recipients.--The recipients analyzed in the 
        report under paragraph (2)(A) shall include, at a minimum, the 
        following:
                    (A) A consortium for the operation and sustainment 
                of the National Cyber Range as a government-owned, 
                government-operated facility.
                    (B) A consortium for the operation and sustainment 
                of the National Cyber Range as a government-owned, 
                contractor-operated facility.
SEC. 213. <<NOTE: 10 USC 221 note.>>  SEPARATE PROGRAM ELEMENTS 
                        REQUIRED FOR RESEARCH AND DEVELOPMENT OF 
                        JOINT LIGHT TACTICAL VEHICLE.

    In the budget materials submitted to the President by the Secretary 
of Defense in connection with the submission to Congress, pursuant to 
section 1105 of title 31, United States Code, of the budget for fiscal 
year 2012, and each subsequent fiscal year, the

[[Page 124 STAT. 4164]]

Secretary shall ensure that within each research, development, test, and 
evaluation account of the Army and the Navy a separate, dedicated 
program element is assigned to the Joint Light Tactical Vehicle.
SEC. 214. <<NOTE: 10 USC 2358 note.>>  PROGRAM FOR RESEARCH, 
                        DEVELOPMENT, AND DEPLOYMENT OF ADVANCED 
                        GROUND VEHICLES, GROUND VEHICLE SYSTEMS, 
                        AND COMPONENTS.

    (a) Program Authorized.--The Secretary of Defense may carry out a 
program for research and development on, and deployment of, advanced 
technology ground vehicles, ground vehicle systems, and components 
within the Department of Defense.
    (b) Goals and Objectives.--The goals and objectives of the program 
authorized by subsection (a) are as follows:
            (1) To identify and support technological advances that are 
        necessary for the development of advanced technologies for use 
        in ground vehicles of types to be used by the Department of 
        Defense.
            (2) To procure and deploy significant quantities of advanced 
        technology ground vehicles for use by the Department.
            (3) To maximize the leverage of Federal and nongovernment 
        funds used for the development and deployment of advanced 
        technology ground vehicles, ground vehicle systems, and 
        components.

    (c) Elements of Program.--The program authorized by subsection (a) 
may include--
            (1) enhanced research and development activities for 
        advanced technology ground vehicles, ground vehicle systems, and 
        components, including--
                    (A) increased investments in research and 
                development of batteries, advanced materials, power 
                electronics, fuel cells and fuel cell systems, hybrid 
                systems, and advanced engines;
                    (B) pilot projects for the demonstration of advanced 
                technologies in ground vehicles for use by the 
                Department of Defense; and
                    (C) the establishment of public-private 
                partnerships, including research centers, manufacturing 
                and prototyping facilities, and test beds, to speed the 
                development, deployment, and transition to use of 
                advanced technology ground vehicles, ground vehicle 
                systems, and components; and
            (2) enhanced activities to procure and deploy advanced 
        technology ground vehicles in the Department, including--
                    (A) preferences for the purchase of advanced 
                technology ground vehicles;
                    (B) the use of authorities available to the 
                Secretary of Defense to stimulate the development and 
                production of advanced technology systems and ground 
                vehicles through purchases, loan guarantees, and other 
                mechanisms;
                    (C) pilot programs to demonstrate advanced 
                technology ground vehicles and associated infrastructure 
                at select defense installations;
                    (D) metrics to evaluate environmental and other 
                benefits, life cycle costs, and greenhouse gas emissions 
                associated with the deployment of advanced technology 
                ground vehicles; and

[[Page 124 STAT. 4165]]

                    (E) schedules and objectives for the conversion of 
                the ground vehicle fleet of the Department to advanced 
                technology ground vehicles.

    (d) Cooperation With Industry and Academia.--
            (1) In general.--The Secretary may carry out the program 
        authorized by subsection (a) through partnerships and other 
        cooperative agreements with private sector entities, including--
                    (A) universities and other academic institutions;
                    (B) companies in the automobile and truck 
                manufacturing industry;
                    (C) companies that supply systems and components to 
                the automobile and truck manufacturing industry; and
                    (D) any other companies or private sector entities 
                that the Secretary considers appropriate.
            (2) Nature of cooperation.--The Secretary shall ensure that 
        any partnership or cooperative agreement under paragraph (1) 
        provides for private sector participants to collectively 
        contribute, in cash or in kind, not less than one-half of the 
        total cost of the activities carried out under such partnership 
        or cooperative agreement.

    (e) Coordination With Other Federal Agencies.--The program 
authorized by subsection (a) shall be carried out, to the maximum extent 
practicable, in coordination with the Department of Energy and other 
appropriate departments and agencies of the Federal Government.
SEC. 215. <<NOTE: 10 USC 2225 note.>>  DEMONSTRATION AND PILOT 
                        PROJECTS ON CYBERSECURITY.

    (a) Demonstration Projects on Processes for Application of 
Commercial Technologies to Cybersecurity Requirements.--
            (1) Projects required.--The Secretary of Defense and the 
        Secretaries of the military departments shall jointly carry out 
        demonstration projects to assess the feasibility and 
        advisability of using various business models and processes to 
        rapidly and effectively identify innovative commercial 
        technologies and apply such technologies to Department of 
        Defense and other cybersecurity requirements.
            (2) Scope of projects.--Any demonstration project under 
        paragraph (1) shall be carried out in such a manner as to 
        contribute to the cyber policy review of the President and the 
        Comprehensive National Cybersecurity Initiative.

    (b) Pilot Programs on Cybersecurity Required.--The Secretary of 
Defense shall support or conduct pilot programs on cybersecurity with 
respect to the following areas:
            (1) Threat sensing and warning for information networks 
        worldwide.
            (2) Managed security services for cybersecurity within the 
        defense industrial base, military departments, and combatant 
        commands.
            (3) Use of private processes and infrastructure to address 
        threats, problems, vulnerabilities, or opportunities in 
        cybersecurity.
            (4) Processes for securing the global supply chain.
            (5) Processes for threat sensing and security of cloud 
        computing infrastructure.

    (c) Reports.--

[[Page 124 STAT. 4166]]

            (1) Reports required.--Not later than 240 days after the 
        date of the enactment of this Act, and annually thereafter at or 
        about the time of the submittal to Congress of the budget of the 
        President for a fiscal year (as submitted pursuant to section 
        1105(a) of title 31, United States Code), the Secretary of 
        Defense shall, in coordination with the Secretary of Homeland 
        Security, submit to Congress a report on any demonstration 
        projects carried out under subsection (a), and on the pilot 
        projects carried out under subsection (b), during the preceding 
        year.
            (2) Elements.--Each report under this subsection shall 
        include the following:
                    (A) A description and assessment of any activities 
                under the demonstration projects and pilot projects 
                referred to in paragraph (1) during the preceding year.
                    (B) For the pilot projects supported or conducted 
                under subsection (b)(2)--
                          (i) a quantitative and qualitative assessment 
                      of the extent to which managed security services 
                      covered by the pilot project could provide 
                      effective and affordable cybersecurity 
                      capabilities for components of the Department of 
                      Defense and for entities in the defense industrial 
                      base, and an assessment whether such services 
                      could be expanded rapidly to a large scale without 
                      exceeding the ability of the Federal Government to 
                      manage such expansion; and
                          (ii) an assessment of whether managed security 
                      services are compatible with the cybersecurity 
                      strategy of the Department of Defense with respect 
                      to conducting an active, in-depth defense under 
                      the direction of United States Cyber Command.
                    (C) For the pilot projects supported or conducted 
                under subsection (b)(3)--
                          (i) a description of any performance metrics 
                      established for purposes of the pilot project, and 
                      a description of any processes developed for 
                      purposes of accountability and governance under 
                      any partnership under the pilot project; and
                          (ii) an assessment of the role a partnership 
                      such as a partnership under the pilot project 
                      would play in the acquisition of cyberspace 
                      capabilities by the Department of Defense, 
                      including a role with respect to the development 
                      and approval of requirements, approval and 
                      oversight of acquiring capabilities, test and 
                      evaluation of new capabilities, and budgeting for 
                      new capabilities.
                    (D) For the pilot projects supported or conducted 
                under subsection (b)(4)--
                          (i) a framework and taxonomy for evaluating 
                      practices that secure the global supply chain, as 
                      well as practices for securely operating in an 
                      uncertain or compromised supply chain;
                          (ii) an assessment of the viability of 
                      applying commercial practices for securing the 
                      global supply chain; and

[[Page 124 STAT. 4167]]

                          (iii) an assessment of the viability of 
                      applying commercial practices for securely 
                      operating in an uncertain or compromised supply 
                      chain.
                    (E) For the pilot projects supported or conducted 
                under subsection (b)(5)--
                          (i) an assessment of the capabilities of 
                      Federal Government providers to offer secure cloud 
                      computing environments; and
                          (ii) an assessment of the capabilities of 
                      commercial providers to offer secure cloud 
                      computing environments to the Federal Government.
            (3) Form.--Each report under this subsection shall be 
        submitted in unclassified form, but may include a classified 
        annex.

                  Subtitle C--Missile Defense Programs

SEC. 221. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.

    (a) Sense of Congress.--It is the sense of Congress--
            (1) that the phased, adaptive approach to missile defense in 
        Europe is an appropriate response to the existing ballistic 
        missile threat from Iran to the European territory of North 
        Atlantic Treaty Organization countries, and to potential future 
        ballistic missile capabilities of Iran;
            (2) that the phased, adaptive approach to missile defense in 
        Europe is not intended to, and will not, provide a missile 
        defense capability relative to the ballistic missile deterrent 
        forces of the Russian Federation, or diminish strategic 
        stability with the Russian Federation;
            (3) to support the efforts of the United States Government 
        and the North Atlantic Treaty Organization to pursue cooperation 
        with the Russian Federation on ballistic missile defense 
        relative to Iranian missile threats;
            (4) that the ground-based midcourse defense system deployed 
        in Alaska and California currently provides adequate defensive 
        capability for the United States against currently anticipated 
        future long-range ballistic missile threats from Iran, and this 
        capability will be enhanced as the system is improved, including 
        by the planned deployment of an AN/TPY-2 radar in southern 
        Europe in 2011;
            (5) that the ground-based midcourse defense system should be 
        maintained, enhanced, and adequately tested to ensure its 
        operational capability through its service life;
            (6) that the United States should, as stated in its 
        unilateral statement accompanying the New START Treaty, 
        ``continue improving and deploying its missile defense systems 
        in order to defend itself against limited attack and as part of 
        our collaborative approach to strengthening stability in key 
        regions'';
            (7) that, as part of this effort, the Department of Defense 
        should pursue the development, testing, and deployment of 
        operationally effective versions of all variants of the standard 
        missile-3 for all four phases of the phased, adaptive approach 
        to missile defense in Europe;
            (8) that the standard missile-3 block IIB interceptor 
        missile planned for deployment in phase 4 of the phased, 
        adaptive approach should be capable of addressing the potential 
        future threat of intermediate-range and long-range ballistic 
        missiles

[[Page 124 STAT. 4168]]

        from Iran, including intercontinental ballistic missiles that 
        could be capable of reaching the United States;
            (9) that there are no constraints contained in the New START 
        Treaty on the development or deployment by the United States of 
        effective missile defenses, including all phases of the phased, 
        adaptive approach to missile defense in Europe and further 
        enhancements to the ground-based midcourse defense system, as 
        well as future missile defenses; and
            (10) that the Department of Defense should continue the 
        development, testing, and assessment of the two-stage ground-
        based interceptor in such a manner as to provide a hedge against 
        potential technical challenges with the development of the 
        standard missile-3 block IIB interceptor missile as a means of 
        augmenting the defense of Europe and of the homeland against a 
        limited ballistic missile attack from nations such as North 
        Korea or Iran.

    (b) New START Treaty Defined.--In this section, the term ``New START 
Treaty'' means the Treaty between the United States of America and the 
Russian Federation on Measures for the Further Reduction and Limitation 
of Strategic Offensive Arms, signed on April 8, 2010.
SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CONTRACTS BY MISSILE 
                        DEFENSE AGENCY WITH FOREIGN ENTITIES.

    Section 222 of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1055; 10 U.S.C. 2431 
note) is repealed.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR MISSILE DEFENSE 
                        INTERCEPTORS IN EUROPE.

    (a) <<NOTE: 10 USC 2431 note.>>  Limitation on Construction and 
Deployment of Interceptors.--No funds authorized to be appropriated by 
this Act or otherwise made available for the Department of Defense for 
fiscal year 2011 or any fiscal year thereafter may be obligated or 
expended for site activation, construction, or deployment of missile 
defense interceptors on European land as part of the phased, adaptive 
approach to missile defense in Europe until--
            (1) <<NOTE: International agreements.>>  any nation agreeing 
        to host such system has signed and ratified a missile defense 
        basing agreement and a status of forces agreement authorizing 
        the deployment of such interceptors; and
            (2) <<NOTE: Time period.>>  a period of 45 days has elapsed 
        following the date on which the Secretary of Defense submits to 
        the congressional defense committees the report on the 
        independent assessment of alternative missile defense systems in 
        Europe required by section 235(c)(2) of the National Defense 
        Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
        Stat. 2235).

    (b) <<NOTE: 10 USC 2431 note.>>  Limitation on Procurement or 
Deployment of Interceptors.--No funds authorized to be appropriated by 
this Act or otherwise made available for the Department of Defense for 
fiscal year 2011 or any fiscal year thereafter may be obligated or 
expended for the procurement (other than initial long-lead procurement) 
or deployment of operational missiles on European land as part of the 
phased, adaptive approach to missile defense in Europe until the 
Secretary of Defense, after receiving the views of the Director of 
Operational Test and Evaluation, submits to the congressional defense 
committees a report certifying that the proposed interceptor

[[Page 124 STAT. 4169]]

to be deployed as part of such missile defense system has demonstrated, 
through successful, operationally realistic flight testing, a high 
probability of working in an operationally effective manner and that 
such missile defense system has the ability to accomplish the mission.

    (c) <<NOTE: 10 USC 2431 note.>>  Waiver.--The Secretary of Defense 
may waive the limitations in subsections (a) and (b) if--
            (1) <<NOTE: Certification.>>  the Secretary submits to the 
        congressional defense committees written certification that the 
        waiver is in the urgent national security interests of the 
        United States; and
            (2) <<NOTE: Time period.>>  a period of seven days has 
        elapsed following the date on which the certification under 
        paragraph (1) is submitted.

    (d) <<NOTE: 10 USC 2431 note.>>  Construction.--Nothing in this 
section shall be construed so as to limit the obligation and expenditure 
of funds for any missile defense activities not otherwise limited by 
subsection (a) or (b), including, with respect to the planned 
deployments of missile defense interceptors on European land as part of 
the phased, adaptive approach to missile defense in Europe--
            (1) research, development, test and evaluation;
            (2) site surveys;
            (3) studies and analyses; and
            (4) site planning and design and construction design.

    (e) Conforming Repeal.--Section 234 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-81; 123 Stat. 
2234) is <<NOTE: 10 USC 2431 note.>>  repealed.
SEC. 224. MEDIUM EXTENDED AIR DEFENSE SYSTEM.

    (a) Limitation on Availability of Funds.--Of the amounts authorized 
to be appropriated in this title for fiscal year 2011 for research, 
development, test, and evaluation, Army, of the amount that corresponds 
with budget activity five, line 117, in the budget transmitted to 
Congress by the President for fiscal year 2011, not more than 25 percent 
may be obligated or expended until the date on which--
            (1) the Secretary of Defense completes the critical design 
        review and the system program review for the medium extended air 
        defense system program and decides to proceed with the program; 
        and
            (2) <<NOTE: Reports.>>  the Secretary submits in writing to 
        the congressional defense committees a report containing the 
        decision referred to in paragraph (1) to proceed with the medium 
        extended air defense system.

    (b) Further Limitations.--
            (1) <<NOTE: Time period. Reports.>>  In general.--Of the 
        amounts authorized to be appropriated in this title for fiscal 
        year 2011 for research, development, test, and evaluation, Army, 
        of the amount that corresponds with budget activity five, line 
        117, in the budget transmitted to Congress by the President for 
        fiscal year 2011, not more than 50 percent may be obligated or 
        expended until a period of 30 days have elapsed following the 
        date on which the Secretary submits to the congressional defense 
        committees a report containing the elements specified in 
        paragraph (2).
            (2) Elements of report.--The elements specified in this 
        paragraph for the report described in paragraph (1) are the 
        following:
                    (A) A detailed description of the decision described 
                in subsection (a)(1) and the explanation for that 
                decision.

[[Page 124 STAT. 4170]]

                    (B) A cost estimate performed by the Director of 
                Cost Assessment and Program Evaluation of the medium 
                extended air defense system program, including an 
                analysis of the cost growth in the program and an 
                explanation of what effect such cost growth would have 
                if the program were subject to the provisions of section 
                2433 of title 10, United States Code (commonly referred 
                to as the ``Nunn-McCurdy Act'').
                    (C) An analysis of alternatives to the medium 
                extended air defense system program and its component 
                elements.
                    (D) A description of the planned schedule and cost 
                for the development, production, and deployment of the 
                medium extended air defense system, including the cost 
                and schedule for any variations to the baseline program 
                to be fielded by the Armed Forces.
                    (E) A description of the role of Germany and Italy 
                in the medium extended air defense system program, 
                including the role of such countries in procurement or 
                production of elements of such program.
                    (F) Any other matters that the Secretary of Defense 
                considers appropriate.

    (c) Form of Reports.--The reports submitted under this section shall 
be submitted in unclassified form, but may include a classified annex.
SEC. 225. <<NOTE: 10 USC 223 note.>>  ACQUISITION ACCOUNTABILITY 
                        REPORTS ON THE BALLISTIC MISSILE DEFENSE 
                        SYSTEM.

    (a) Baselines Required.--The Secretary of Defense shall ensure that 
the Missile Defense Agency establishes and maintains an acquisition 
baseline for each program element of the ballistic missile defense 
system, as specified in section 223 of title 10, United States Code.
    (b) Elements of Baselines.--Each acquisition baseline required by 
subsection (a) for a program element shall include the following:
            (1) A comprehensive schedule for the program element, 
        including--
                    (A) research and development milestones;
                    (B) acquisition milestones, including design reviews 
                and key decision points;
                    (C) key test events, including ground and flight 
                tests and ballistic missile defense system tests; and
                    (D) delivery and fielding schedules.
            (2) A detailed technical description of--
                    (A) the capability to be developed, including 
                hardware and software;
                    (B) system requirements;
                    (C) how the proposed capability satisfies a 
                capability identified by the commanders of the combatant 
                commands on a prioritized capabilities list;
                    (D) key knowledge points that must be achieved to 
                permit continuation of the program and to inform 
                production and deployment decisions; and
                    (E) how the Missile Defense Agency plans to improve 
                the capability over time.
            (3) A cost estimate for the program element, including--
                    (A) a life cycle cost estimate;

[[Page 124 STAT. 4171]]

                    (B) program acquisition unit costs for the program 
                element;
                    (C) average procurement unit costs and program 
                acquisition costs for the program element; and
                    (D) an identification when the program joint cost 
                analysis requirements description document is scheduled 
                to be approved.
            (4) A test baseline summarizing the comprehensive test 
        program for the program element outlined in the integrated 
        master test plan.

    (c) Annual Reports on Acquisition Baselines.--
            (1) Annual reports required.--Not later than February 15, 
        2011, and annually thereafter, the Director of the Missile 
        Defense Agency shall submit to the congressional defense 
        committees a report on the acquisition baselines required by 
        subsection (a). The first such report shall set forth the 
        acquisition baselines, and each later report shall identify the 
        significant changes or variances, if any, in any such baseline 
        from any earlier report under this subsection.
            (2) Form.--Each report under this subsection shall be 
        submitted in unclassified form, but may include a classified 
        annex.

    (d) Annual Reports on Missile Defense Executive Board Activities.--
The Director shall include in each report under subsection (c) a 
description of the activities of the Missile Defense Executive Board 
during the preceding fiscal year, including the following:
            (1) A list of each meeting of the Board during the preceding 
        fiscal year.
            (2) The agenda and issues considered at each such meeting.
            (3) A description of any decisions or recommendations made 
        by the Board at each such meeting.
SEC. 226. AUTHORITY TO SUPPORT BALLISTIC MISSILE SHARED EARLY 
                        WARNING WITH THE CZECH REPUBLIC.

    (a) Authority to Support Shared Early Warning.--During fiscal years 
2011 and 2012, the Secretary of Defense may carry out a program to 
provide a ballistic missile shared early warning capability for the 
United States and the Czech Republic.
    (b) Fiscal Year 2011 Funding Authorization.--
            (1) Of the funds authorized to be appropriated by this Act 
        or any other Act for fiscal year 2011 for Operation and 
        Maintenance, Air Force, $1,700,000 may be available for the 
        purposes described in subsection (a).
            (2) Of the funds authorized to be appropriated by this Act 
        or any other Act for fiscal year 2011 for Other Procurement, Air 
        Force, $500,000 may be available for the purposes described in 
        subsection (a).
SEC. 227. REPORT ON PHASED, ADAPTIVE APPROACH TO MISSILE DEFENSE 
                        IN EUROPE.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the phased, adaptive 
approach to missile defense in Europe.
    (b) Matters Included.--The report under subsection (a) shall include 
the following:
            (1) A detailed explanation of--

[[Page 124 STAT. 4172]]

                    (A) the analytic basis (including the analytic 
                process and methodology) that led to the recommendation 
                of the Secretary of Defense and the Joint Chiefs of 
                Staff to pursue the phased, adaptive approach to missile 
                defense in Europe, including the ability to defend 
                deployed forces of the United States, allies, and 
                partners in Europe, and the United States homeland, 
                against the existing, emerging, and future threat from 
                Iranian ballistic missiles in a timely and flexible 
                manner; and
                    (B) the planned defensive coverage of Europe 
                provided by such missile defense.
            (2) A detailed explanation of the specific elements planned 
        for each of the four phases of the phased, adaptive approach to 
        missile defense in Europe, including schedules and parameters of 
        planned deployments of missile defense systems at sea and on 
        land, and the knowledge points or milestones that will be 
        required prior to operational deployment of those elements.
            (3) A description of the factors and processes that will be 
        used to determine the eventual numbers and locations of 
        interceptors that will be deployed at sea and on land, and the 
        concept of operations that will enable the phased, adaptive 
        approach to missile defense in Europe to be operated in a 
        flexible, adaptable, and survivable manner.
            (4) A description of the status of the development or 
        production of the various elements of the phased, adaptive 
        approach to missile defense in Europe, particularly the 
        development of the standard missile-3, block IIA and block IIB 
        interceptors, including the technical readiness levels of those 
        systems under development and the plans for retiring the 
        technical risks of such systems.
            (5) A description of the advances in technology that are 
        expected to permit enhanced defensive capability of the phased, 
        adaptive approach to missile defense in Europe, including 
        airborne infrared sensor technology, space sensor technology, 
        and enhanced battle management, command, control, and 
        communications.
            (6) A discussion of how the phased, adaptive approach to 
        missile defense in Europe will meet the operational needs of the 
        commander of the United States European Command, and how it 
        relates to plans to use a phased, adaptive approach to missile 
        defense in other geographic regions.
            (7) An explanation of--
                    (A) the views of the North Atlantic Treaty 
                Organization on the phased, adaptive approach to missile 
                defense in Europe; and
                    (B) how such missile defense fits into the current 
                missile defense strategy of NATO.

    (c) Form.--The report shall be in unclassified form, but may include 
a classified annex.
SEC. 228. INDEPENDENT REVIEW AND ASSESSMENT OF THE GROUND-BASED 
                        MIDCOURSE DEFENSE SYSTEM.

    (a) Independent Review and Assessment Required.--The Secretary of 
Defense shall select an appropriate entity outside the Department of 
Defense to conduct an independent review and assessment of the ground-
based midcourse defense system.

[[Page 124 STAT. 4173]]

    (b) Elements.--The review and assessment required by this section 
shall address the current plans of the Department of Defense with 
respect to the following:
            (1) The force structure and inventory levels necessary for 
        the ground-based midcourse defense system to achieve the planned 
        capabilities of that system, including an analysis of costs and 
        potential advantages of deploying additional operational ground-
        based interceptor missiles.
            (2) The number of ground-based interceptor missiles 
        necessary for operational assets, test assets (including 
        developmental and operational test assets and aging and 
        surveillance test assets), and spare missiles for the ground-
        based midcourse defense system.
            (3) The plan to maintain the operational effectiveness of 
        the ground-based midcourse defense system over the course of its 
        service life, including any modernization or capability 
        enhancement efforts, and any sustainment efforts.
            (4) The plan for funding the development, production, 
        deployment, testing, improvement, and sustainment of the ground-
        based midcourse defense system.
            (5) The plan for flight testing the ground-based midcourse 
        defense system, including aging and surveillance tests to 
        demonstrate the continuing effectiveness of the system over the 
        course of its service life.
            (6) The plan for production of ground-based interceptor 
        missiles necessary for operational test assets, aging and 
        surveillance test assets, and spare missiles for the ground-
        based midcourse defense system.

    (c) Report.--Not later than 180 days after the date of the enactment 
of this Act, the entity conducting the review and assessment under this 
section shall submit to the Secretary and the congressional defense 
committees a report containing--
            (1) the results of the review and assessment; and
            (2) any recommendations on how the Department of Defense may 
        improve upon its plans to ensure the availability, reliability, 
        maintainability, supportability, and improvement of the ground-
        based midcourse defense system.
SEC. 229. <<NOTE: Israel.>>  IRON DOME SHORT-RANGE ROCKET DEFENSE 
                        PROGRAM.

    Of the funds authorized to be appropriated by section 201(4) for 
research, development, test, and evaluation, Defense-wide, the Secretary 
of Defense may provide up to $205,000,000 to the government of Israel 
for the Iron Dome short-range rocket defense system.

                           Subtitle D--Reports

SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND PROGRAM 
                        REQUIREMENTS FOR THE GROUND COMBAT VEHICLE 
                        PROGRAM.

    (a) Report Required.--Not later than January 15, 2011, the Secretary 
of the Army shall submit to the congressional defense committees a 
report on the Ground Combat Vehicle program of the Army. Such report 
shall include--
            (1) the results of the analysis of alternatives conducted 
        prior to milestone A, including any technical data; and

[[Page 124 STAT. 4174]]

            (2) an explanation of any plans to adjust the requirements 
        of the Ground Combat Vehicle program during the technology 
        development phase of such program.

    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (c) Limitation on Obligation of Funds.--Of the funds authorized to 
be appropriated by this or any other Act for fiscal year 2011 for 
research, development, test, and evaluation, Army, for development of 
the Ground Combat Vehicle, not more than 50 percent may be obligated or 
expended until the date that is 30 days after the date on which the 
report is submitted under subsection (a).
SEC. 232. COST BENEFIT ANALYSIS OF FUTURE TANK-FIRED MUNITIONS.

    (a) Cost Benefit Analysis Required.--
            (1) In general.--The Secretary of the Army shall conduct a 
        cost benefit analysis of future munitions to be fired from the 
        M1 Abrams series main battle tank to determine the proper 
        investment to be made in tank munitions, including beyond line 
        of sight technology.
            (2) Elements.--The cost benefit analysis under paragraph (1) 
        shall include--
                    (A) the predicted operational performance of future 
                tank-fired munitions, including those incorporating 
                beyond line of sight technology, based on the relevant 
                modeling and simulation of future combat scenarios of 
                the Army, including a detailed analysis on the 
                suitability of each munition to address the full 
                spectrum of targets across the entire range of the tank 
                (including close range, mid-range, long-range, and 
                beyond line of sight);
                    (B) a detailed assessment of the projected costs to 
                develop and field each tank-fired munition included in 
                the analysis, including those incorporating beyond line 
                of sight technology; and
                    (C) a comparative analysis of each tank-fired 
                munition included in the analysis, including suitability 
                to address known capability gaps and overmatch against 
                known and projected threats.
            (3) Munitions included.--In conducting the cost benefit 
        analysis under paragraph (1), the Secretary shall include, at a 
        minimum, the Mid-Range Munition, the Advanced Kinetic Energy 
        round, and the Advanced Multipurpose Program.

    (b) Briefing.--Not later than April 15, 2011, the Secretary shall 
provide a detailed briefing to the congressional defense committees on 
the cost benefit analysis conducted under subsection (a).
SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON THE VH-(XX) 
                        PRESIDENTIAL HELICOPTER ACQUISITION 
                        PROGRAM.

    (a) Annual GAO Review.--During the period beginning on the date of 
the enactment of this Act and ending on March 1, 2013, the Comptroller 
General of the United States shall conduct an annual review of the VH-
(XX) aircraft acquisition program.
    (b) Annual Reports.--
            (1) In general.--Not later than March 1 of each year 
        beginning in 2011 and ending in 2013, the Comptroller General 
        shall submit to the congressional defense committees a report

[[Page 124 STAT. 4175]]

        on the review of the VH-(XX) aircraft acquisition program 
        conducted under subsection (a).
            (2) Matters to be included.--Each report on the review of 
        the VH-(XX) aircraft acquisition program shall include the 
        following:
                    (A) The extent to which the program is meeting 
                development and procurement cost, schedule, performance, 
                and risk mitigation goals.
                    (B) With respect to meeting the desired initial 
                operational capability and full operational capability 
                dates for the VH-(XX) aircraft, the progress and results 
                of--
                          (i) developmental and operational testing of 
                      the aircraft; and
                          (ii) plans for correcting deficiencies in 
                      aircraft performance, operational effectiveness, 
                      reliability, suitability, and safety.
                    (C) An assessment of VH-(XX) aircraft procurement 
                plans, production results, and efforts to improve 
                manufacturing efficiency and supplier performance.
                    (D) An assessment of the acquisition strategy of the 
                VH-(XX) aircraft, including whether such strategy is in 
                compliance with acquisition management best-practices 
                and the acquisition policy and regulations of the 
                Department of Defense.
                    (E) A risk assessment of the integrated master 
                schedule and the test and evaluation master plan of the 
                VH-(XX) aircraft as it relates to--
                          (i) the probability of success;
                          (ii) the funding required for such aircraft 
                      compared with the funding programmed; and
                          (iii) development and production concurrency.
            (3) Additional information.--In submitting to the 
        congressional defense committees the first report under 
        paragraph (1) and a report following any changes made by the 
        Secretary of the Navy to the baseline documentation of the VH-
        (XX) aircraft acquisition program, the Comptroller General shall 
        include, with respect to such program, an assessment of the 
        sufficiency and objectivity of--
                    (A) the analysis of alternatives;
                    (B) the initial capabilities document;
                    (C) the capabilities development document; and
                    (D) the systems requirement document.

                        Subtitle E--Other Matters

SEC. 241. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF DEPARTMENT 
                        OF DEFENSE PARTICIPATION IN DEVELOPMENT OF 
                        NEXT GENERATION SEMICONDUCTOR 
                        TECHNOLOGIES.

    (a) Findings.--Congress finds the following:
            (1) The next generation of weapons systems, battlefield 
        sensors, and intelligence platforms will need to be lighter, 
        more agile, consume less power, and have greater computational 
        power, which can be achieved by decreasing the feature size of 
        integrated circuits to the nanometer scale.

[[Page 124 STAT. 4176]]

            (2) There is a growing concern in the Department of Defense 
        and the United States intelligence community over the offshore 
        shift in development and production of high capacity 
        semiconductors. Greater reliance on providers of semiconductors 
        in the United States high technology industry would help 
        mitigate the security risks of such an offshore shift.
            (3) The development of new manufacturing technologies is 
        recognized in the semiconductor industry as critical to the 
        development of the next generation of integrated circuits.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should pursue research and development 
        capabilities to take the lead in developing and producing the 
        next generation of integrated circuits; and
            (2) the Department of Defense should continue to work with 
        industry and academia in pursuing the research and development 
        of advanced manufacturing techniques in support of the 
        development of the next generation of integrated circuits needed 
        for the requirements and specialized applications of the 
        Department of Defense.
SEC. 242. <<NOTE: 10 USC 2911 note.>>  PILOT PROGRAM ON 
                        COLLABORATIVE ENERGY SECURITY.

    (a) Pilot Program.--The Secretary of Defense, in coordination with 
the Secretary of Energy, may carry out a collaborative energy security 
pilot program involving one or more partnerships between one military 
installation and one national laboratory, for the purpose of evaluating 
and validating secure, salable microgrid components and systems for 
deployment.
    (b) Selection of Military Installation and National Laboratory.--If 
the Secretary of Defense carries out a pilot program under this section, 
the Secretary of Defense and the Secretary of Energy shall jointly 
select a military installation and a national laboratory for the purpose 
of carrying out the pilot program. In making such selections, the 
Secretaries shall consider each of the following:
            (1) A commitment to participate made by a military 
        installation being considered for selection.
            (2) The findings and recommendations of relevant energy 
        security assessments of military installations being considered 
        for selection.
            (3) The availability of renewable energy sources at a 
        military installation being considered for selection.
            (4) Potential synergies between the expertise and 
        capabilities of a national laboratory being considered for 
        selection and the infrastructure, interests, or other energy 
        security needs of a military installation being considered for 
        selection.
            (5) The effects of any utility tariffs, surcharges, or other 
        considerations on the feasibility of enabling any excess 
        electricity generated on a military installation being 
        considered for selection to be sold or otherwise made available 
        to the local community near the installation.

    (c) Program Elements.--A pilot program under this section shall be 
carried out as follows:
            (1) Under the pilot program, the Secretaries shall evaluate 
        and validate the performance of new energy technologies that may 
        be incorporated into operating environments.
            (2) The pilot program shall involve collaboration with the 
        Office of Electricity Delivery and Energy Reliability of the

[[Page 124 STAT. 4177]]

        Department of Energy and other offices and agencies within the 
        Department of Energy, as appropriate, and the Environmental 
        Security Technical Certification Program of the Department of 
        Defense.
            (3) Under the pilot program, the Secretary of Defense shall 
        investigate opportunities for any excess electricity created for 
        the military installation to be sold or otherwise made available 
        to the local community near the installation.
            (4) The Secretary of Defense shall use the results of the 
        pilot program as the basis for informing key performance 
        parameters and validating energy components and designs that 
        could be implemented in various military installations across 
        the country and at forward operating bases.
            (5) The pilot program shall support the effort of the 
        Secretary of Defense to use the military as a test bed to 
        demonstrate innovative energy technologies.

    (d) <<NOTE: Deadline.>>  Implementation and Duration.--If the 
Secretary of Defense carries out a pilot program under this section, 
such pilot program shall begin by not later than July 1, 2011, and shall 
be not less than three years in duration.

    (e) Reports.--
            (1) Initial report.--If the Secretary of Defense carries out 
        a pilot program under this section, the Secretary shall submit 
        to the appropriate congressional committees by not later than 
        October 1, 2011, an initial report that provides an update on 
        the implementation of the pilot program, including an 
        identification of the selected military installation and 
        national laboratory partner and a description of technologies 
        under evaluation.
            (2) Final report.--Not later than 90 days after completion 
        of a pilot program under this section, the Secretary shall 
        submit to the appropriate congressional committees a report on 
        the pilot program, including any findings and recommendations of 
        the Secretary.

    (f) Definitions.--For purposes of this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Energy and Commerce, and the Committee on Science and 
                Technology of the House of Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Energy and Natural Resources, and the Committee on 
                Commerce, Science, and Transportation of the Senate.
            (2) The term ``microgrid'' means an integrated energy system 
        consisting of interconnected loads and distributed energy 
        resources (including generators, energy storage devices, and 
        smart controls) that can operate with the utility grid or in an 
        intentional islanding mode.
            (3) The term ``national laboratory'' means--
                    (A) a national laboratory (as defined in section 2 
                of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
                    (B) a national security laboratory (as defined in 
                section 3281 of the National Nuclear Security 
                Administration Act (50 U.S.C. 2471)).

[[Page 124 STAT. 4178]]

SEC. 243. <<NOTE: 10 USC 2358 note.>>  PILOT PROGRAM TO INCLUDE 
                        TECHNOLOGY PROTECTION FEATURES DURING 
                        RESEARCH AND DEVELOPMENT OF DEFENSE 
                        SYSTEMS.

    (a) Pilot Program.--The Secretary of Defense shall carry out a pilot 
program to develop and incorporate technology protection features in a 
designated system during the research and development phase of such 
system.
    (b) Annual Reports.--Not later than December 31 of each year in 
which the Secretary carries out the pilot program established under this 
section, the Secretary shall submit to the congressional defense 
committees a report on the pilot program, including a list of each 
designated system included in the program.
    (c) Termination.--The pilot program established under this section 
shall terminate on October 1, 2015.
    (d) Definitions.--In this section:
            (1) The term ``designated system'' means any system 
        (including a major system, as defined in section 2302(5) of 
        title 10, United States Code) that the Under Secretary of 
        Defense for Acquisition, Technology, and Logistics designates as 
        being included in the pilot program established under this 
        section.
            (2) The term ``technology protection features'' means the 
        technical modifications necessary to protect critical program 
        information, including anti-tamper technologies and other 
        systems engineering activities intended to prevent or delay 
        exploitation of critical technologies in a designated system.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

             Subtitle B--Energy and Environmental Provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain 
           costs in connection with the Twin Cities Army Ammunition 
           Plant, Minnesota.
Sec. 312. Payment to Environmental Protection Agency of stipulated 
           penalties in connection with Naval Air Station, Brunswick, 
           Maine.
Sec. 313. Requirements related to the investigation of exposure to 
           drinking water at Camp Lejeune, North Carolina.
Sec. 314. Comptroller General assessment on military environmental 
           exposures.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Technical amendments to requirement for service contract 
           inventory.
Sec. 322. Repeal of conditions on expansion of functions performed under 
           prime vendor contracts for depot-level maintenance and 
           repair.
Sec. 323. Prohibition on establishing goals or quotas for conversion of 
           functions to performance by Department of Defense civilian 
           employees.

                           Subtitle D--Reports

Sec. 331. Additional reporting requirements relating to corrosion 
           prevention projects and activities.
Sec. 332. Modification and repeal of certain reporting requirements.
Sec. 333. Report on Air Sovereignty Alert mission.
Sec. 334. Report on the SEAD/DEAD mission requirement for the Air Force.
Sec. 335. Requirement to update study on strategic seaports.

           Subtitle E--Limitations and Extensions of Authority

Sec. 341. Permanent authority to accept and use landing fees charged for 
           use of domestic military airfields by civil aircraft.
Sec. 342. Extension of Arsenal Support Program Initiative.

[[Page 124 STAT. 4179]]

Sec. 343. Limitation on obligation of funds for the Army Human Terrain 
           System.
Sec. 344. Limitation on obligation of funds pending submission of 
           classified justification material.
Sec. 345. Requirements for transferring aircraft within the Air Force 
           inventory.
Sec. 346. Commercial sale of small arms ammunition in excess of military 
           requirements.

                        Subtitle F--Other Matters

Sec. 351. Expedited processing of background investigations for certain 
           individuals.
Sec. 352. Revision to authorities relating to transportation of civilian 
           passengers and commercial cargoes by Department of Defense 
           when space unavailable on commercial lines.
Sec. 353. Technical correction to obsolete reference relating to use of 
           flexible hiring authority to facilitate performance of 
           certain Department of Defense functions by civilian 
           employees.
Sec. 354. Authority for payment of full replacement value for loss or 
           damage to household goods in limited cases not covered by 
           carrier liability.
Sec. 355. Recovery of improperly disposed of Department of Defense 
           property.
Sec. 356. Operational readiness models.
Sec. 357. Sense of Congress regarding continued importance of High-
           Altitude Aviation Training Site, Colorado.
Sec. 358. Study of effects of new construction of obstructions on 
           military installations and operations.

               Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance, in amounts as follows:
            (1) For the Army, $33,921,165,000.
            (2) For the Navy, $38,232,943,000.
            (3) For the Marine Corps, $5,590,340,000.
            (4) For the Air Force, $36,822,516,000.
            (5) For Defense-wide activities, $30,562,619,000.
            (6) For the Army Reserve, $2,879,077,000.
            (7) For the Naval Reserve, $1,367,764,000.
            (8) For the Marine Corps Reserve, $285,234,000.
            (9) For the Air Force Reserve, $3,403,827,000.
            (10) For the Army National Guard, $6,621,704,000.
            (11) For the Air National Guard, $6,042,239,000.
            (12) For the United States Court of Appeals for the Armed 
        Forces, $14,068,000.
            (13) For the Acquisition Development Workforce Fund, 
        $217,561,000.
            (14) For Environmental Restoration, Army, $444,581,000.
            (15) For Environmental Restoration, Navy, $304,867,000.
            (16) For Environmental Restoration, Air Force, $502,653,000.
            (17) For Environmental Restoration, Defense-wide, 
        $10,744,000.
            (18) For Environmental Restoration, Formerly Used Defense 
        Sites, $296,546,000.
            (19) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $108,032,000.
            (20) For Cooperative Threat Reduction programs, 
        $522,512,000.

[[Page 124 STAT. 4180]]

             Subtitle B--Energy and Environmental Provisions

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR 
                        CERTAIN COSTS IN CONNECTION WITH THE TWIN 
                        CITIES ARMY AMMUNITION PLANT, MINNESOTA.

    (a) Authority to Reimburse.--
            (1) Transfer amount.--Using funds described in subsection 
        (b) and notwithstanding section 2215 of title 10, United States 
        Code, the Secretary of Defense may transfer not more than 
        $5,611,670.67 in fiscal year 2011 to the Hazardous Substance 
        Superfund.
            (2) Purpose of reimbursement.--The amount authorized to be 
        transferred under paragraph (1) is to reimburse the 
        Environmental Protection Agency for costs the Agency incurred 
        relating to the response actions performed at the Twin Cities 
        Army Ammunition Plant, Minnesota.
            (3) Interagency agreement.--The reimbursement described in 
        paragraph (2) is intended to satisfy certain terms of the 
        interagency agreement entered into by the Department of the Army 
        and the Environmental Protection Agency for the Twin Cities Army 
        Ammunition Plant that took effect in December 1987 and that 
        provided for the recovery of expenses by the Agency from the 
        Department of the Army.

    (b) Source of Funds.--The transfer of funds authorized in subsection 
(a) shall be made using funds authorized to be appropriated for fiscal 
year 2011 for operation and maintenance for Environmental Restoration, 
Army.
SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED 
                        PENALTIES IN CONNECTION WITH NAVAL AIR 
                        STATION, BRUNSWICK, MAINE.

    (a) Authority to Transfer Funds.--From amounts authorized to be 
appropriated for fiscal year 2011 for the Department of Defense Base 
Closure Account 2005, and notwithstanding section 2215 of title 10, 
United States Code, the Secretary of Defense may transfer an amount of 
not more than $153,000 to the Hazardous Substance Superfund established 
under subchapter A of chapter 98 of the Internal Revenue Code of 1986.
    (b) Purpose of Transfer.--The purpose of a transfer made under 
subsection (a) is to satisfy a stipulated penalty assessed by the 
Environmental Protection Agency on June 12, 2008, against Naval Air 
Station, Brunswick, Maine, for the failure of the Navy to sample certain 
monitoring wells in a timely manner pursuant to a schedule included in 
the Federal facility agreement for Naval Air Station, Brunswick, which 
was entered into by the Secretary of the Navy and the Administrator of 
the Environmental Protection Agency on October 19, 1990.
    (c) Acceptance of Payment.--If the Secretary of Defense makes a 
transfer authorized under subsection (a), the Administrator of the 
Environmental Protection Agency shall accept the amount transferred as 
payment in full of the penalty referred to in subsection (b).

[[Page 124 STAT. 4181]]

SEC. 313. REQUIREMENTS RELATED TO THE INVESTIGATION OF EXPOSURE TO 
                        DRINKING WATER AT CAMP LEJEUNE, NORTH 
                        CAROLINA.

    (a) Findings.--Congress makes the following findings:
            (1) The Department of the Navy and the Agency for Toxic 
        Substances and Disease Registry (hereinafter in this section 
        referred to as ``ATSDR'') have been working together for almost 
        two decades to identify the possible effects of exposure to 
        contaminated drinking water at Camp Lejeune, North Carolina.
            (2) Multiple studies have been conducted, and are being 
        conducted, which require significant amounts of data and 
        historical documentation, requiring the Department of the Navy 
        and ATSDR to have close collaboration and open access to 
        information.
            (3) In June 2010, the Department of the Navy and ATSDR 
        established the Camp Lejeune Data Mining Technical Workgroup to 
        identify and inventory information and data relevant to the 
        ongoing scientific research.

    (b) Requirements.--
            (1) <<NOTE: Deadline.>>  ATSDR access to data.--By not later 
        than 90 days after the date of the enactment of this Act, the 
        Secretary of the Navy shall ensure that the inventory created by 
        the Camp Lejeune Data Mining Technical Workgroup is accurate and 
        complete and that ATSDR has full access to all of the documents 
        and data listed therein as needed.
            (2) Availability of new and newly discovered documents.--If 
        after the date of enactment of this Act the Secretary of the 
        Navy generates any new document, record, or electronic data, or 
        comes into possession of any existing document, record, or 
        electronic data not previously provided in the Camp Lejeune Data 
        Mining Technical Workgroup, the Secretary of the Navy shall make 
        such information immediately available to ATSDR with an 
        electronic inventory incorporating the newly located or 
        generated document, record, or electronic data.
            (3) <<NOTE: Deadline. Notification.>>  Limitation on 
        adjudication of claims.--None of the funds authorized to be 
        appropriated by this Act for fiscal year 2011 may be used to 
        adjudicate any administrative claim filed with the Department of 
        the Navy regarding water contamination at Camp Lejeune, North 
        Carolina, until at least 45 days after the date on which the 
        Secretary of the Navy notifies the Committees on Armed Services 
        of the Senate and House of Representatives of the intention of 
        the Secretary to adjudicate the claim.
SEC. 314. COMPTROLLER GENERAL ASSESSMENT ON MILITARY ENVIRONMENTAL 
                        EXPOSURES.

    (a) Findings.--Congress makes the following findings:
            (1) There have been various reports of the exposure of 
        current and former members of the Armed Forces, their 
        dependents, and civilian employees to environmental hazards 
        while living and working on military installations.
            (2) There is the need to better understand existing 
        Department of Defense policies and procedures for addressing 
        possible environmental exposures at military installations, 
        determining any correlation between such an exposure and a 
        subsequent health condition, and handling claims and potential 
        compensation.

[[Page 124 STAT. 4182]]

            (3) While many of these possible exposures have been studied 
        and evaluated, the extent to which those exposures caused or 
        contributed to the short- and long-term health conditions of 
        current and former members of the Armed Forces, their 
        dependents, and civilian employees remains largely unknown.
            (4) As for these possible exposures and the link between the 
        exposure and subsequent health conditions, there may be better 
        ways for the Federal Government to evaluate, address and, as 
        warranted, provide health benefits or possible compensation as a 
        remedy to these potential exposures.

    (b) Comptroller General Assessment Required.--The Comptroller 
General of the United States shall carry out an assessment of possible 
exposures to environmental hazards on military installations that 
includes the following:
            (1) An identification of the policies and processes by which 
        the Department of Defense and the military departments respond 
        to environmental hazards on military installations and possible 
        exposures and determine if there is a standard framework.
            (2) An identification of the existing processes available to 
        current and former members of the Armed Forces, their 
        dependents, and civilian employees to seek compensation and 
        health benefits for exposures to environmental hazards on 
        military installations.
            (3) A comparison of the processes identified under paragraph 
        (2) with other potential options or methods for providing health 
        benefits or compensation to individuals for injuries that may 
        have resulted from environmental hazards on military 
        installations.
            (4) An examination of what is known about the advantages and 
        disadvantages of other potential options or methods as well as 
        any shortfalls in the current processes.
            (5) Recommendations for any administrative or legislative 
        action that the Comptroller General deems appropriate in the 
        context of the assessment.

    (c) Report.--Not later than January 1, 2012, the Comptroller General 
shall submit to the Chairmen and Ranking Members of the Committees on 
Armed Services of the Senate and the House of Representatives a report 
on the findings and recommendations, as appropriate, of the Comptroller 
General with respect to the assessment conducted under subsection (b).
    (d) <<NOTE: Comments.>>  Coordination.--In carrying out subsection 
(b), the Comptroller General shall receive comments from the Secretary 
of Defense and others, as appropriate.

    (e) Construction.--Nothing in this section shall be interpreted to 
impede, encroach, or delay--
            (1) any studies, reviews, or assessments of any actual or 
        potential environmental exposures at any military installation, 
        including the studies included in the Agency for Toxic 
        Substances and Disease Registry's Annual Plan of Work regarding 
        the water contamination at Camp Lejeune, North Carolina;
            (2) the Agency for Toxic Substances and Disease Registry's 
        statutory obligations, including its obligations under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) regarding 
        Superfund sites; or

[[Page 124 STAT. 4183]]

            (3) the remediation of any environmental contamination or 
        hazard at any military installation.

    (f) Military Installation Defined.--In this section, the term 
``military installation'' has the meaning given that term in section 
2801(c)(4) of title 10, United States Code.

                 Subtitle C--Workplace and Depot Issues

SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT FOR SERVICE CONTRACT 
                        INVENTORY.

    Section 2330a(c) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) in paragraph (1), in the matter preceding subparagraph 
        (A)--
                    (A) by striking the second sentence;
                    (B) by inserting after the first sentence the 
                following new sentence: <<NOTE: Guidance.>>  ``The 
                guidance for compiling the inventory shall be issued by 
                the Under Secretary of Defense for Personnel and 
                Readiness, the Under Secretary of Defense (Comptroller), 
                and the Under Secretary of Defense for Acquisition, 
                Technology, and Logistics, as follows:''; and
                    (C) by inserting after the sentence added by 
                subparagraph (B) the following:
            ``(A) <<NOTE: Guidance.>>  The Under Secretary of Defense 
        for Personnel and Readiness, as supported by the Under Secretary 
        of Defense (Comptroller), shall be responsible for developing 
        guidance for--
                    ``(i) the collection of data regarding functions and 
                missions performed by contractors in a manner that is 
                comparable to the manpower data elements used in 
                inventories of functions performed by Department of 
                Defense employees; and
                    ``(ii) the calculation of contractor manpower 
                equivalents in a manner that is comparable to the 
                calculation of full-time equivalents for use in 
                inventories of functions performed by Department of 
                Defense employees.
            ``(B) <<NOTE: Guidance.>>  The Under Secretary of Defense 
        for Acquisition, Technology, and Logistics shall be responsible 
        for developing guidance on other data elements and implementing 
        procedures.'';
            (3) by inserting after subparagraph (B) of paragraph (1), as 
        added by paragraph (2), the following:

    ``(2) The entry for an activity on an inventory under this 
subsection shall include, for the fiscal year covered by such entry, the 
following:''; and
            (4) in paragraph (2), as redesignated by paragraph (3), by 
        striking subparagraph (E) and inserting the following new 
        subparagraph (E):
            ``(E) The number of contractor employees, expressed as full-
        time equivalents for direct labor, using direct labor hours and 
        associated cost data collected from contractors (except that 
        estimates may be used where such data is not available and 
        cannot reasonably be made available in a timely manner for the 
        purpose of the inventory).''.

[[Page 124 STAT. 4184]]

SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED 
                        UNDER PRIME VENDOR CONTRACTS FOR DEPOT-
                        LEVEL MAINTENANCE AND REPAIR.

    Section 346 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1979; 10 U.S.C. 2464 
note) is repealed.
SEC. 323. <<NOTE: 10 USC 2463 note.>>  PROHIBITION ON ESTABLISHING 
                        GOALS OR QUOTAS FOR CONVERSION OF 
                        FUNCTIONS TO PERFORMANCE BY DEPARTMENT OF 
                        DEFENSE CIVILIAN EMPLOYEES.

    (a) Prohibition.--The Secretary of Defense may not establish, apply, 
or enforce any numerical goal, target, or quota for the conversion of 
Department of Defense functions to performance by Department of Defense 
civilian employees, unless such goal, target, or quota is based on 
considered research and analysis, as required by section 235, 2330a, or 
2463 of title 10, United States Code.
    (b) Decisions to Insource.--In deciding which functions should be 
converted to performance by Department of Defense civilian employees 
pursuant to section 2463 of title 10, United States Code, the Secretary 
of Defense shall use the costing methodology outlined in the Directive-
Type Memorandum 09-007 (Estimating and Comparing the Full Costs of 
Civilian and Military Manpower and Contractor Support) or any successor 
guidance for the determination of costs when costs are the sole basis 
for the decision. The Secretary of a military department may issue 
supplemental guidance to assist in such decisions affecting functions of 
that military department.
    (c) Reports.--
            (1) Report to congress.--Not later than March 31, 2011, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report on the decisions with respect to the 
        conversion of functions to performance by Department of Defense 
        civilian employees made during fiscal year 2010. Such report 
        shall identify, for each such decision--
                    (A) the agency or service of the Department involved 
                in the decision;
                    (B) the basis and rationale for the decision; and
                    (C) the number of contractor employees whose 
                functions were converted to performance by Department of 
                Defense civilian employees.
            (2) Comptroller general review.--Not later than 120 days 
        after the submittal of the report under paragraph (1), the 
        Comptroller General of the United States shall submit to the 
        congressional defense committees an assessment of the report.

    (d) Construction.--Nothing in this section shall be construed--
            (1) to preclude the Secretary of Defense from establishing, 
        applying, and enforcing goals for the conversion of acquisition 
        functions and other critical functions to performance by 
        Department of Defense civilian employees, where such goals are 
        based on considered research and analysis; or
            (2) to require the Secretary of Defense to conduct a cost 
        comparison before making a decision to convert any acquisition 
        function or other critical function to performance by Department 
        of Defense civilian employees, where factors other than cost 
        serve as a basis for the Secretary's decision.

[[Page 124 STAT. 4185]]

                           Subtitle D--Reports

SEC. 331. ADDITIONAL REPORTING REQUIREMENTS RELATING TO CORROSION 
                        PREVENTION PROJECTS AND ACTIVITIES.

    Section 2228(e) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``The'' and 
                inserting ``For the fiscal year covered by the report 
                and the preceding fiscal year, the''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(E) For the fiscal year covered by the report and the 
        preceding fiscal year, the amount of funds requested in the 
        budget for each project or activity described in subsection (d) 
        compared to the funding requirements for the project or 
        activity.'';
            (2) in paragraph (2)(B), by inserting before the period at 
        the end the following: ``, including the annex to the report 
        described in paragraph (3)''; and
            (3) by adding at the end the following new paragraph:

    ``(3) Each report under this section shall include, in an annex to 
the report, a copy of the annual corrosion report most recently 
submitted by the corrosion control and prevention executive of each 
military department under section 903(b)(5) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4567; 10 U.S.C. 2228 note).''.
SEC. 332. MODIFICATION AND REPEAL OF CERTAIN REPORTING 
                        REQUIREMENTS.

    (a) Prioritization of Funds.--Subsection (a) of section 323 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 (10 
U.S.C. 229 note) is amended--
            (1) in paragraph (1), by striking ``the global war on 
        terrorism'' and inserting ``overseas contingency operations''; 
        and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``units 
                transforming to modularity'' and inserting ``modular 
                units''; and
                    (B) in subparagraph (B), by striking ``2012'' and 
                inserting ``2015''.

    (b) Budget Information.--Subsection (b) of such section is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)--
                          (i) by striking ``the global war on 
                      terrorism'' and inserting ``overseas contingency 
                      operations''; and
                          (ii) by inserting ``and'' at the end;
                    (B) in subparagraph (B)--
                          (i) in clause (i), by striking ``units 
                      transforming to modularity'' and inserting 
                      ``modular units''; and
                          (ii) by striking ``; and'' at the end and 
                      inserting a period; and
                    (C) by striking subparagraph (C); and
            (2) by striking paragraph (3).

    (c) Annual Report on Army Progress.--Subsection (c) of such section 
is amended--

[[Page 124 STAT. 4186]]

            (1) by striking paragraphs (1), (2), (3), (4), (5), (6), and 
        (7);
            (2) by redesignating paragraphs (8) and (9) as subparagraphs 
        (D) and (F), respectively;
            (3) by submitting ``(1)'' before ``On the date'';
            (4) in paragraph (1), as designated by paragraph (3) of this 
        subsection, by striking ``in meeting'' and all that follows 
        through ``shall be itemized'' and inserting ``in fulfilling the 
        key enabler equipment requirements of modular units and in 
        repairing, recapitalizing, and replacing equipment and materiel 
        used in support of overseas contingency operations underway as 
        of the date of such report, and associated sustainment. Any 
        information included in the report shall be itemized'';
            (5) by striking ``Each such report'' and all that follows 
        through the colon and inserting the following:

    ``(2) Each such report shall include the following:
            ``(A) An assessment of the key enabler equipment and 
        personnel of the Army, including--
                    ``(i) a comparison of--
                          ``(I) the authorized level of key enabler 
                      equipment;
                          ``(II) the level of key enabler equipment on 
                      hand; and
                          ``(III) the planned purchases of key enabler 
                      equipment as set forth in the future-years defense 
                      program submitted with the budget for such fiscal 
                      year;
                    ``(ii) a comparison of the authorized and actual 
                personnel levels for personnel with key enabler 
                personnel specialities with the requirements for key 
                enabler personnel specialties;
                    ``(iii) an identification of any shortfalls 
                indicated by the comparisons in clauses (i) and (ii); 
                and
                    ``(iv) an assessment of the number and type of key 
                enabler equipment that the Army projects it will have on 
                hand by the end of such future-years defense program 
                that will require repair, recapitalization, or 
                replacement at or before the end of the time period 
                covered by such future-years defense program (which 
                assessment shall account for additional repair, 
                recapitalization, or replacement resulting from use of 
                key enabler equipment in overseas contingency 
                operations).
            ``(B) If an assessment under subparagraph (A) identifies 
        shortfalls that will exist within the period covered by the 
        future-years defense program submitted in such fiscal year, an 
        identification of the risks associated with such shortfalls and 
        mitigation strategies to address such risks.
            ``(C) A schedule for the accomplishment of the purposes set 
        forth in paragraph (1).'';
            (6) in paragraph (2), as amended by paragraphs (2) and (5) 
        of this subsection, by inserting after subparagraph (D) the 
        following new subparagraph:
            ``(E) A description of the status of the development of 
        doctrine on how modular combat, functional, and support forces 
        will train, be sustained, and fight.''; and
            (7) in subparagraph (F) of paragraph (2) as redesignated by 
        paragraphs (2) and (5) of this subsection, by striking 
        ``paragraphs (1) through (8)'' and inserting ``subparagraphs (A) 
        through (E)''.

[[Page 124 STAT. 4187]]

    (d) Annual Comptroller General on Army Progress.--Subsection (d) of 
such section <<NOTE: 10 USC 229 note.>>  is amended to read as follows:

    ``(d) Annual Comptroller General Report on Army Progress.--Not later 
than 180 days after the date on which the Secretary of the Army submits 
a report under subsection (c), the Comptroller General of the United 
States shall submit to the congressional defense committees a report 
setting forth the Comptroller General's review of such report. Each 
report under this subsection shall include such information and 
recommendations as the Comptroller General considers appropriate in 
light of such review.''.
    (e) Definitions.--Such section is further amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d), as amended by 
        subsection (d) of this section, the following new subsection 
        (e):

    ``(e) Definitions.--In this section:
            ``(1) The term `contingency operation' has the meaning given 
        that term in section 101(a)(13) of title 10, United States Code.
            ``(2) The term `key enabler', in the case of equipment or 
        personnel, means equipment or personnel, as the case may be, 
        that make a modular force or unit as capable or more capable 
        than the non-modular force or unit it replaced, including the 
        following:
                    ``(A) Equipment such as tactical and high frequency 
                radio, tactical wheeled vehicles, battle command 
                systems, unmanned aerial vehicles, all-source analysis 
                systems, analysis and control elements, fire support 
                sensor systems, firefinder radar, joint network nodes, 
                long-range advanced scout surveillance systems, Trojan 
                Spirit systems (or any successor system), and any other 
                equipment items identified by the Army as making a 
                modular force or unit as capable or more capable than 
                the non-modular force or unit it replaced.
                    ``(B) Personnel in specialties needed to operate or 
                support the equipment specified in subparagraph (A) and 
                personnel in specialties relating to civil affairs, 
                communication and information systems operation, 
                explosive ordinance disposal, military intelligence, 
                psychological operations, and any other personnel 
                specialties identified by the Army as making a modular 
                force or unit as capable or more capable than the non-
                modular force or unit it replaced.''.

    (f) Termination of Report Requirement.--Subsection (f) of such 
section, as redesignated by subsection (e)(1) of this section, is 
further amended by striking ``fiscal year 2012'' and inserting ``fiscal 
year 2015''.
    (g) Repeal of Report on Disposition of Reserve Equipment.--Title III 
of the John Warner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109-364) <<NOTE: 120 Stat. 2159.>>  is amended by 
striking section 349.

    (h) Repeal of Report on Readiness of Ground Forces.--Title III of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181) <<NOTE: 122 Stat. 73.>>  is amended by striking section 355.
SEC. 333. REPORT ON AIR SOVEREIGNTY ALERT MISSION.

    (a) Report Required.--Not later than March 1, 2011, the Commander of 
the United States Northern Command and the North

[[Page 124 STAT. 4188]]

American Aerospace Defense Command shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report on 
the Air Sovereignty Alert (hereinafter in this section referred to as 
``ASA'') mission and Operation Noble Eagle.
    (b) Consultation.--The Commander shall consult with the Director of 
the National Guard Bureau who shall review and provide independent 
analysis and comments on the report required under subsection (a).
    (c) Contents of Report.--The report required under subsection (a) 
shall include each of the following:
            (1) An evaluation of the ASA mission and of Operation Noble 
        Eagle.
            (2) An evaluation of each of the following:
                    (A) The current ability to perform the ASA mission 
                with respect to training, equipment, and basing.
                    (B) Any current deficiencies in the ASA mission.
                    (C) Any changes in threats that would require any 
                change in training, equipment, and basing to effectively 
                support the ASA mission.
                    (D) An evaluation of whether the ASA mission is 
                fully resourced with respect to funding, personnel, and 
                aircraft.
                    (E) A description of the coverage of ASA and 
                Operation Noble Eagle units with respect to--
                          (i) population centers covered; and
                          (ii) targets of value covered, including 
                      symbolic (including national monuments, sports 
                      venues, and centers of commerce), critical 
                      infrastructure (including power plants, ports, 
                      dams, bridges, and telecommunication nodes), and 
                      national security (including military bases and 
                      organs of government) targets.
                    (F) An unclassified, notional area of responsibility 
                conforming to the unclassified response time of the unit 
                represented graphically on a map and detailing the total 
                population and number of targets of value covered, as 
                described in subparagraph (E).
            (3) The status of the implementation of the recommendations 
        made in the Government Accountability Office report entitled 
        ``Actions Needed to Improve Management of Air Sovereignty Alert 
        Operations to Protect U.S. Airspace'' (GAO-09-184).

    (d) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex.
SEC. 334. REPORT ON THE SEAD/DEAD MISSION REQUIREMENT FOR THE AIR 
                        FORCE.

    (a) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit to 
the Committee on Armed Services of the Senate and the Committee on Armed 
Service of the House of Representatives a report describing the 
feasibility and desirability of designating the Suppression of Enemy Air 
Defenses/Destruction of Enemy Air Defenses (hereinafter in this section 
referred to as ``SEAD/DEAD'') mission as a responsibility of the Air 
National Guard.
    (b) Contents of Report.--The report required under subsection (a) 
shall include each of the following:

[[Page 124 STAT. 4189]]

            (1) An evaluation of the SEAD/DEAD mission, as in effect on 
        the date of the enactment of this Act.
            (2) An evaluation of the following with respect to the SEAD/
        DEAD mission:
                    (A) The current ability of the Air National Guard to 
                perform the mission with regards to training, equipment, 
                funding, and basing.
                    (B) Any current deficiencies of the Air National 
                Guard to perform the mission, including range 
                infrastructure or other improvements needed to support 
                peacetime training and readiness.
                    (C) The corrective actions and costs required to 
                address any deficiencies described in subparagraph (B).

    (c) Consultation.--The Secretary of the Air Force shall consult with 
the Director of the National Guard Bureau who shall review and provide 
independent analysis and comments on the report required under 
subsection (a).
SEC. 335. REQUIREMENT TO UPDATE STUDY ON STRATEGIC SEAPORTS.

    The Commander of the United States Transportation Command shall 
update the study entitled ``PORT LOOK 2008 Strategic Seaports Study''. 
In updating the study under this section, the Commander shall consider 
the infrastructure in the vicinity of a strategic port, including 
bridges, roads, and rail, and any issues relating to the capacity and 
condition of such infrastructure.

           Subtitle E--Limitations and Extensions of Authority

SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE LANDING FEES 
                        CHARGED FOR USE OF DOMESTIC MILITARY 
                        AIRFIELDS BY CIVIL AIRCRAFT.

    (a) In General.--Chapter 159 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2697. Acceptance and use of landing fees charged for use of 
                  domestic military airfields by civil aircraft

    ``(a) Authority.--The Secretary of a military department may impose 
landing fees for the use by civil aircraft of domestic military 
airfields under the jurisdiction of that Secretary and may use any fees 
received under this section as a source of funding for the operation and 
maintenance of airfields of that department.
    ``(b) Uniform Landing Fees.--The Secretary of Defense shall 
prescribe the amount of the landing fees that may be imposed under this 
section. Such fees shall be uniform among the military departments.
    ``(c) Use of Proceeds.--Amounts received for a fiscal year in 
payment of landing fees imposed under this section for the use of a 
military airfield shall be credited to the appropriation that is 
available for that fiscal year for the operation and maintenance of that 
military airfield, shall be merged with amounts in the appropriation to 
which credited, and shall be available for that military airfield for 
the same period and purposes as the appropriation is available.
    ``(d) <<NOTE: Determination.>>  Limitation.--The Secretary of a 
military department shall determine whether consideration for a landing 
fee has been received

[[Page 124 STAT. 4190]]

in a lease, license, or other real estate agreement for an airfield and 
shall use such a determination to offset appropriate amounts imposed 
under subsection (a) for that airfield.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2697. Acceptance and use of landing fees charged for use of domestic 
           military airfields by civil aircraft.''.

SEC. 342. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

    Section 343 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (Public Law 106-398; 10 U.S.C. 4551 note), as 
amended by section 341 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 69) and section 354 of 
the National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2264), is further <<NOTE: 10 USC 4551 note.>>  
amended--
            (1) in subsection (a), by striking ``2011'' and inserting 
        ``2012''; and
            (2) in subsection (g)(1), by striking ``2011'' and inserting 
        ``2012''.
SEC. 343. LIMITATION ON OBLIGATION OF FUNDS FOR THE ARMY HUMAN 
                        TERRAIN SYSTEM.

    (a) Limitation.--Of the amounts authorized to be appropriated for 
the Human Terrain System (hereinafter in this section referred to as the 
``HTS'') that are described in subsection (b), not more than 85 percent 
of the amounts remaining unobligated as of the date of enactment of this 
Act may be obligated until the Secretary of the Army submits to the 
congressional defense committees each of the following:
            (1) A validation of all HTS requirements, including any 
        prior joint urgent operational needs statements.
            (2) <<NOTE: Certification.>>  A certification that policies, 
        procedures, and guidance are in place to protect the integrity 
        of social science researchers participating in HTS, including 
        ethical guidelines and human studies research procedures.

    (b) Covered Authorizations or Appropriations.--The amounts 
authorized to be appropriated described in this subsection are amounts 
authorized to be appropriated for fiscal year 2011, including such 
amounts authorized to be appropriated for oversees contingency 
operations, for--
            (1) operation and maintenance for HTS;
            (2) procurement for Mapping the Human Terrain hardware and 
        software; and
            (3) research, development, test, and evaluation for Mapping 
        the Human Terrain hardware and software.
SEC. <<NOTE: Time period.>>  344. LIMITATION ON OBLIGATION OF 
                        FUNDS PENDING SUBMISSION OF CLASSIFIED 
                        JUSTIFICATION MATERIAL.

    Of the amounts authorized to be appropriated in this title for 
fiscal year 2011 for the Office of the Secretary of Defense, of the 
amount that corresponds with budget activity four, line 270, in the 
budget transmitted to Congress by the President for fiscal year 2011, 
not more than 90 percent may be obligated until 15 days after the 
information cited in the classified annex accompanying this Act relating 
to the provision of classified justification

[[Page 124 STAT. 4191]]

material to Congress is provided to the congressional defense 
committees.
SEC. 345. <<NOTE: 10 USC 8062 note.>>  REQUIREMENTS FOR 
                        TRANSFERRING AIRCRAFT WITHIN THE AIR FORCE 
                        INVENTORY.

    (a) <<NOTE: Contracts.>>  Requirements.--In proposing the transfer 
of ownership of any aircraft from ownership by a reserve component of 
the Air Force to ownership by a regular component of the Air Force, 
including such a transfer to be made on a temporary basis, the Secretary 
of the Air Force shall ensure that a written agreement regarding such 
transfer of ownership has been entered into between the Director of the 
Air National Guard, the Commander of the Air Force Reserve Command, and 
the Chief of Staff of the Air Force. Any such agreement shall specify 
each of the following:
            (1) The number of and type of aircraft to be transferred.
            (2) In the case of any aircraft transferred on a temporary 
        basis--
                    (A) the schedule under which the aircraft will be 
                returned to the ownership of the reserve component;
                    (B) a description of the condition, including the 
                estimated remaining service life, in which any such 
                aircraft will be returned to the reserve component; and
                    (C) a description of the allocation of resources, 
                including the designation of responsibility for funding 
                aircraft operation and maintenance and a detailed 
                description of budgetary responsibilities, for the 
                period for which the ownership of the aircraft is 
                transferred to the regular component.
            (3) The designation of responsibility for funding depot 
        maintenance requirements or modifications to the aircraft 
        generated as a result of the transfer, including any such 
        requirements and modifications required during the period for 
        which the ownership of the aircraft is transferred to the 
        regular component.
            (4) Any location from which the aircraft will be 
        transferred.
            (5) The effects on manpower that such a transfer may have at 
        any facility identified under paragraph (4).
            (6) The effects on the skills and proficiencies of the 
        reserve component personnel affected by the transfer.
            (7) Any other items the Director of the Air National Guard 
        or the Commander of the Air Force Reserve Command determines are 
        necessary in order to execute such a transfer.

    (b) Submittal of Agreements to Congress.--The Secretary of the Air 
Force may not take any action to transfer the ownership of an aircraft 
as described in subsection (a) until the Secretary submits to the 
congressional defense committees an agreement entered into pursuant to 
such subsection regarding the transfer of ownership of the aircraft.
SEC. 346. <<NOTE: 10 USC 2576 note.>>  COMMERCIAL SALE OF SMALL 
                        ARMS AMMUNITION IN EXCESS OF MILITARY 
                        REQUIREMENTS.

    (a) Commercial Sale of Small Arms Ammunition.--Small arms ammunition 
and ammunition components in excess of military requirements, including 
fired cartridge cases, which are not otherwise prohibited from 
commercial sale or certified by the Secretary of Defense as 
unserviceable or unsafe, may not be demilitarized or destroyed and shall 
be made available for commercial sale.

[[Page 124 STAT. 4192]]

    (b) Deadline for Guidance.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall issue guidance 
to ensure compliance with subsection (a). <<NOTE: Notice.>>  Not later 
than 15 days after issuing such guidance, the Secretary shall submit to 
the congressional defense committees a letter of compliance providing 
notice of such guidance.

    (c) Preference.--No small arms ammunition and ammunition components 
in excess of military requirements may be made available for commercial 
sale under this section before such ammunition and ammunition components 
are offered for transfer or purchase, as authorized by law, to another 
Federal department or agency or for sale to State and local law 
enforcement, firefighting, homeland security, and emergency management 
agencies pursuant to section 2576 of title 10, United States Code, as 
amended by this Act.

                        Subtitle F--Other Matters

SEC. 351. EXPEDITED PROCESSING OF BACKGROUND INVESTIGATIONS FOR 
                        CERTAIN INDIVIDUALS.

    (a) Expedited Processing of Security Clearances.--Section 1564 of 
title 10, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):

    ``(a) Expedited Process.--The Secretary of Defense may prescribe a 
process for expediting the completion of the background investigations 
necessary for granting security clearances for--
            ``(1) Department of Defense personnel and Department of 
        Defense contractor personnel who are engaged in sensitive duties 
        that are critical to the national security; and
            ``(2) any individual who--
                    ``(A) submits an application for a position as an 
                employee of the Department of Defense for which--
                          ``(i) the individual is qualified; and
                          ``(ii) a security clearance is required; and
                    ``(B) is--
                          ``(i) a member of the armed forces who was 
                      retired or separated, or is expected to be retired 
                      or separated, for physical disability pursuant to 
                      chapter 61 of this title;
                          ``(ii) the spouse of a member of the armed 
                      forces who retires or is separated, after the date 
                      of the enactment of the Ike Skelton National 
                      Defense Authorization Act for Fiscal Year 2011, 
                      for a physical disability as a result of a wound, 
                      injuries or illness incurred or aggravated in the 
                      line of duty (as determined by the Secretary 
                      concerned); or
                          ``(iii) the spouse of a member of the armed 
                      forces who dies, after the date of the enactment 
                      of the Ike Skelton National Defense Authorization 
                      Act for Fiscal Year 2011, as a result of a wound, 
                      injury, or illness incurred or aggravated in the 
                      line of duty (as determined by the Secretary 
                      concerned).''; and
            (2) by adding at the end the following new subsection:

    ``(f) Use of Appropriated Funds.--The Secretary of Defense may use 
funds authorized to be appropriated to the Department of Defense for 
operation and maintenance to conduct background

[[Page 124 STAT. 4193]]

investigations under this section for individuals described in 
subsection (a)(2).''.
    (b) <<NOTE: 10 USC 1564 note.>>  Effective Date.--The amendments 
made by subsection (a) shall apply with respect to a background 
investigation conducted after the date of the enactment of this Act.
SEC. 352. REVISION TO AUTHORITIES RELATING TO TRANSPORTATION OF 
                        CIVILIAN PASSENGERS AND COMMERCIAL CARGOES 
                        BY DEPARTMENT OF DEFENSE WHEN SPACE 
                        UNAVAILABLE ON COMMERCIAL LINES.

    (a) Transportation on DOD Vehicles and Aircraft.--Subsection (a) of 
section 2649 of title 10, United States Code, is amended--
            (1) by inserting ``Authority.--'' before ``Whenever''; and
            (2) by inserting ``, vehicles, or aircraft'' in the first 
        sentence after ``vessels'' both places it appears.

    (b) Amounts Charged for Transportation in Emergency, Disaster, or 
Humanitarian Response Cases.--
            (1) Limitation on amounts charged.--The second sentence of 
        subsection (a) of such section is amended by inserting before 
        the period the following: ``, except that in the case of 
        transportation provided in response to an emergency, a disaster, 
        or a request for humanitarian assistance, any amount charged for 
        such transportation may not exceed the cost of providing the 
        transportation''.
            (2) Crediting of receipts.--Subsection (b) of such section 
        is amended by striking ``Amounts'' and inserting ``Crediting of 
        Receipts.--Any amount received under this section with respect 
        to transportation provided in response to an emergency, a 
        disaster, or a request for humanitarian assistance may be 
        credited to the appropriation, fund, or account used in 
        incurring the obligation for which such amount is received. In 
        all other cases, amounts''.

    (c) Transportation During Contingencies or Disaster Responses.--Such 
section is further amended by adding at the end the following new 
subsection:
    ``(c) Transportation of Allied Personnel During Contingencies or 
Disaster Responses.--During the 5-year period beginning on the date of 
the enactment of the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011, when space is available on vessels, vehicles, or 
aircraft operated by the Department of Defense and the Secretary of 
Defense determines that operations in the area of a contingency 
operation or disaster response would be facilitated if allied forces or 
civilians were to be transported using such vessels, vehicles, or 
aircraft, the Secretary may provide such transportation on a 
noninterference basis, without charge.''.
    (d) Conforming Amendment.--Section 2648 of such title is amended by 
inserting ``, vehicles, or aircraft'' after ``vessels'' in the matter 
preceding paragraph (1).
    (e) Technical Amendments.--
            (1) The heading of section 2648 of such title is amended to 
        read as follows:

[[Page 124 STAT. 4194]]

``Sec. 2648. Persons and supplies: sea, land, and air 
                  transportation''.
            (2) The heading of section 2649 of such title is amended to 
        read as follows:
``Sec. 2649. Civilian passengers and commercial cargoes: 
                  transportation on Department of Defense vessels, 
                  vehicles, and aircraft''.

    (f) Clerical Amendments.--The table of sections at the beginning of 
chapter 157 of such title is amended by striking the items relating to 
sections 2648 and 2649 and inserting the following new items:

``2648. Persons and supplies: sea, land, and air transportation.
``2649. Civilian passengers and commercial cargoes: transportation on 
           Department of Defense vessels, vehicles, and aircraft.''.

SEC. 353. TECHNICAL CORRECTION TO OBSOLETE REFERENCE RELATING TO 
                        USE OF FLEXIBLE HIRING AUTHORITY TO 
                        FACILITATE PERFORMANCE OF CERTAIN 
                        DEPARTMENT OF DEFENSE FUNCTIONS BY 
                        CIVILIAN EMPLOYEES.

    Section 2463(d)(1) of title 10, United States Code, is amended by 
striking ``under the National Security Personnel System, as 
established''.
SEC. 354. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR LOSS 
                        OR DAMAGE TO HOUSEHOLD GOODS IN LIMITED 
                        CASES NOT COVERED BY CARRIER LIABILITY.

    (a) Claims Authority.--
            (1) In general.--Chapter 163 of title 10, United States 
        Code, is amended by adding at the end the following new section:
``Sec. 2740. Property loss: reimbursement of members and civilian 
                  employees for full replacement value of 
                  household effects when contractor reimbursement 
                  not available

    ``The Secretary of Defense and the Secretaries of the military 
departments, in paying a claim under section 3721 of title 31 arising 
from loss or damage to household goods stored or transported at the 
expense of the Department of Defense, may pay the claim on the basis of 
full replacement value in any of the following cases in which 
reimbursement for the full replacement value for the loss or damage is 
not available directly from a carrier under section 2636a of this title:
            ``(1) A case in which--
                    ``(A) the lost or damaged goods were stored or 
                transported under a contract, tender, or solicitation in 
                accordance with section 2636a of this title that 
                requires the transportation service provider to settle 
                claims on the basis of full replacement value; and
                    ``(B) the loss or damage occurred under 
                circumstances that exclude the transportation service 
                provider from liability.
            ``(2) A case in which--
                    ``(A) the loss or damage occurred while the lost or 
                damaged goods were in the possession of an ocean carrier 
                that was transporting, loading, or unloading the goods

[[Page 124 STAT. 4195]]

                under a Department of Defense contract for ocean 
                carriage; and
                    ``(B) the land-based portions of the transportation 
                were under contracts, in accordance with section 2636a 
                of this title, that require the land carriers to settle 
                claims on the basis of full replacement value.
            ``(3) A case in which--
                    ``(A) the lost or damaged goods were transported or 
                stored under a contract or solicitation that requires at 
                least one of the transportation service providers or 
                carriers that handled the shipment to settle claims on 
                the basis of full replacement value pursuant to section 
                2636a of this title;
                    ``(B) the lost or damaged goods have been in the 
                custody of more than one independent contractor or 
                transportation service provider; and
                    ``(C) a claim submitted to the delivering 
                transportation service provider or carrier is denied in 
                whole or in part because the loss or damage occurred 
                while the lost or damaged goods were in the custody of a 
                prior transportation service provider or carrier or 
                government entity.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2740. Property loss: reimbursement of members and civilian employees 
           for full replacement value of household effects when 
           contractor reimbursement not available.''.

    (b) <<NOTE: 10 USC 2740 note.>>  Effective Date.--Section 2740 of 
title 10, United States Code, as added by subsection (a), shall apply 
with respect to losses incurred after the date of the enactment of this 
Act.
SEC. 355. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF DEFENSE 
                        PROPERTY.

    (a) In General.--Chapter 165 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2790. Recovery of improperly disposed of Department of 
                  Defense property

    ``(a) Prohibition.--No member of the armed forces, civilian employee 
of the United States Government, contractor personnel, or other person 
may sell, lend, pledge, barter, or give any clothing, arms, articles, 
equipment, or other military or Department of Defense property except in 
accordance with the statutes and regulations governing Government 
property.
    ``(b) Transfer of Title or Interest Ineffective.--If property has 
been disposed of in violation of subsection (a), the person holding the 
property has no right or title to, or interest in, the property.
    ``(c) Authority for Seizure of Improperly Disposed of Property.--If 
any person is in the possession of military or Department of Defense 
property without right or title to, or interest in, the property because 
it has been disposed of in material violation of subsection (a), any 
Federal, State, or local law enforcement official may seize the property 
wherever found. Unless an exception to the warrant requirement under the 
fourth amendment to the Constitution applies, seizure may be made only--
            ``(1) pursuant to--

[[Page 124 STAT. 4196]]

                    ``(A) a warrant issued by the district court of the 
                United States for the district in which the property is 
                located, or for the district in which the person in 
                possession of the property resides or is subject to 
                service; or
                    ``(B) pursuant to an order by such court, issued 
                after a determination of improper transfer under 
                subsection (e); and
            ``(2) after such a court has issued such a warrant or order.

    ``(d) Inapplicability to Certain Property.--Subsections (b) and (c) 
shall not apply to--
            ``(1) property on public display by public or private 
        collectors or museums in secured exhibits; or
            ``(2) property in the collection of any museum or veterans 
        organization or held in a private collection for the purpose of 
        public display, provided that any such property, the possession 
        of which could undermine national security or create a hazard to 
        public health or safety, has been fully demilitarized.

    ``(e) Determinations of Violations.--(1) The district court of the 
United States for the district in which the property is located, or the 
district in which the person in possession of the property resides or is 
subject to service, shall have jurisdiction, regardless of the current 
approximated or estimated value of the property, to determine whether 
property was disposed of in violation of subsection (a). Any such 
determination shall be by a preponderance of the evidence.
    ``(2) <<NOTE: Deadline.>>  Except as provided in paragraph (3), in 
the case of property, the possession of which could undermine national 
security or create a hazard to public health or safety, the 
determination under paragraph (1) may be made after the seizure of the 
property, as long as the United States files an action seeking such 
determination within 90 days after seizure of the property. If the 
person from whom the property is seized is found to have been lawfully 
in possession of the property and the return of the property could 
undermine national security or create a hazard to public health or 
safety, the Secretary of Defense shall reimburse the person for the 
market value for the property.

    ``(3) Paragraph (2) shall not apply to any firearm, ammunition, or 
ammunition component, or firearm part or accessory that is not 
prohibited for commercial sale.
    ``(f) Delivery of Seized Property.--Any law enforcement official who 
seizes property under subsection (c) and is not authorized to retain it 
for the United States shall deliver the property to an authorized member 
of the armed forces or other authorized official of the Department of 
Defense or the Department of Justice.
    ``(g) Scope of Enforcement.--This section shall apply to the 
following:
            ``(1) Any military or Department of Defense property 
        disposed of on or after the date of the enactment of the Ike 
        Skelton National Defense Authorization Act for Fiscal Year 2011 
        in a manner that is not in accordance with statutes and 
        regulations governing Government property in effect at the time 
        of the disposal of such property.
            ``(2) Any significant military equipment disposed of on or 
        after January 1, 2002, in a manner that is not in accordance 
        with statutes and regulations governing Government property in 
        effect at the time of the disposal of such significant military 
        equipment.

[[Page 124 STAT. 4197]]

    ``(h) Rule of Construction.--The authority of this section is in 
addition to any other authority of the United States with respect to 
property to which the United States may have right or title.
    ``(i) Definitions.--In this section:
            ``(1) The term `significant military equipment' means 
        defense articles on the United States Munitions List for which 
        special export controls are warranted because of their capacity 
        for substantial military utility or capability.
            ``(2) The term `museum' has the meaning given that term in 
        section 273(1) of the Museum Services Act (20 U.S.C. 9172(1)).
            ``(3) The term `fully demilitarized' means, with respect to 
        equipment or material, the destruction of the military offensive 
        or defensive advantages inherent in the equipment or material, 
        including, at a minimum, the destruction or disabling of key 
        points of such equipment or material, such as the fuselage, tail 
        assembly, wing spar, armor, radar and radomes, armament and 
        armament provisions, operating systems and software, and 
        classified items.
            ``(4) The term `veterans organization' means any 
        organization recognized by the Secretary of Veterans Affairs for 
        the representation of veterans under section 5902 of title 
        38.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 165 of such title is amended by inserting after the item 
relating to section 2789 the following new item:

``2790. Recovery of improperly disposed of Department of Defense 
           property.''.

SEC. 356. <<NOTE: Deadline.>>  OPERATIONAL READINESS MODELS.

    (a) <<NOTE: Study.>>  Review of Models.--Not later than September 
30, 2011, the Director of the Congressional Budget Office shall conduct 
a study to identify, compare, and contrast the budget preparation tools 
and models used by each of the military departments to determine funding 
levels for operational readiness requirements during the programming, 
planning, budgeting, and execution process and report the findings to 
the congressional defense committees. In carrying out such study, the 
Director shall--
            (1) assess whether any additional or alternative verified 
        and validated operational readiness model used by any military 
        department for budgeting for flying or ground equipment hours, 
        steaming days, equipment operations, equipment maintenance, and 
        depot maintenance should be incorporated into the budget process 
        of that military department; and
            (2) identify any shortcomings or deficiencies in the 
        approach of each military department in building the operational 
        readiness budget for that department.

    (b) Congressional Briefing.--Not later than April 1, 2012, in 
conjunction with the submission by the Secretary of Defense of the 
budget justification documents for fiscal year 2013, the Secretaries of 
each of the military departments, or designated representatives thereof, 
shall brief the congressional defense committees on their respective 
responses to the study conducted by the Director of the Congressional 
Budget Office. Each such briefing shall include--
            (1) a description of how the military department concerned 
        plans to address any deficiencies in the development of the

[[Page 124 STAT. 4198]]

        operational readiness budget of such department identified in 
        the study; and
            (2) a description of how the modeling tools identified in 
        the study could be used by the military department to improve 
        the development of the operational readiness budget for the 
        department.
SEC. 357. SENSE OF CONGRESS REGARDING CONTINUED IMPORTANCE OF 
                        HIGH-ALTITUDE AVIATION TRAINING SITE, 
                        COLORADO.

    (a) Findings.--Congress makes the following findings:
            (1) The High-Altitude Aviation Training Site in Gypsum, 
        Colorado, is the only Department of Defense aviation school that 
        provides an opportunity for rotor-wing military pilots to train 
        in high-altitude, mountainous terrain, under full gross weight 
        and power management operations.
            (2) The High-Altitude Aviation Training Site is operated by 
        the Colorado Army National Guard and is available to pilots of 
        all branches of the Armed Forces and to pilots of allied 
        countries.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the High-Altitude Army Aviation Training Site continues 
        to be critically important to ensuring the readiness and 
        capabilities of rotor-wing military pilots; and
            (2) the Department of Defense should take all appropriate 
        actions to prevent encroachment on the High-Altitude Army 
        Aviation Training Site.
SEC. 358. <<NOTE: 49 USC 44718 note.>>  STUDY OF EFFECTS OF NEW 
                        CONSTRUCTION OF OBSTRUCTIONS ON MILITARY 
                        INSTALLATIONS AND OPERATIONS.

    (a) Objective.--It shall be an objective of the Department of 
Defense to ensure that the robust development of renewable energy 
sources and the increased resiliency of the commercial electrical grid 
may move forward in the United States, while minimizing or mitigating 
any adverse impacts on military operations and readiness.
    (b) Designation of Senior Official and Lead Organization.--
            (1) <<NOTE: Deadline.>>  Designation.--Not later than 30 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall designate a senior official of the Department 
        of Defense, and a lead organization of the Department of 
        Defense, to--
                    (A) serve as the executive agent to carry out the 
                review required by subsection (d);
                    (B) serve as a clearinghouse to coordinate 
                Department of Defense review of applications for 
                projects filed with the Secretary of Transportation 
                pursuant to section 44718 of title 49, United States 
                Code, and received by the Department of Defense from the 
                Secretary of Transportation; and
                    (C) accelerate the development of planning tools 
                necessary to determine the acceptability to the 
                Department of Defense of proposals included in an 
                application for a project submitted pursuant to such 
                section.
            (2) Resources.--The Secretary shall ensure that the senior 
        official and lead organization designated under paragraph (1) 
        are assigned such personnel and resources as the Secretary 
        considers appropriate to carry out this section.

    (c) <<NOTE: Deadline.>>  Initial Actions.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense, 
acting

[[Page 124 STAT. 4199]]

through the senior official and lead organization designated pursuant to 
subsection (b), shall--
            (1) conduct a preliminary review of each application for a 
        project filed with the Secretary of Transportation pursuant to 
        section 44718 of title 49, United States Code, that may have an 
        adverse impact on military operations and readiness, unless such 
        project has been granted a determination of no hazard. Such 
        review shall, at a minimum, for each such project--
                    (A) assess the likely scope and duration of any 
                adverse impact of such project on military operations 
                and readiness; and
                    (B) identify any feasible and affordable actions 
                that could be taken in the immediate future by the 
                Department, the developer of such project, or others to 
                mitigate such adverse impact and to minimize risks to 
                national security while allowing such project to proceed 
                with development;
            (2) develop, in coordination with other departments and 
        agencies of the Federal Government, an integrated review process 
        to ensure timely notification and consideration of projects 
        filed with the Secretary of Transportation pursuant to section 
        44718 of title 49, United States Code, that may have an adverse 
        impact on military operations and readiness;
            (3) <<NOTE: Procedures.>>  establish procedures for the 
        Department of Defense for the coordinated consideration of and 
        response to a request for a review received from State and local 
        officials or the developer of a renewable energy development or 
        other energy project, including guidance to personnel at each 
        military installation in the United States on how to initiate 
        such procedures and ensure a coordinated Department response 
        while seeking to fulfil the objective under subsection (a); and
            (4) <<NOTE: Procedures.>>  develop procedures for conducting 
        early outreach to parties carrying out projects filed with the 
        Secretary of Transportation pursuant to section 44718 of title 
        49, United States Code, that could have an adverse impact on 
        military operations and readiness, and to the general public, to 
        clearly communicate notice on actions being taken by the 
        Department of Defense under this section and to receive comments 
        from such parties and the general public on such actions.

    (d) Comprehensive Review.--
            (1) <<NOTE: Deadline.>>  Strategy required.--Not later than 
        270 days after the date of the enactment of this Act, the 
        Secretary of Defense, acting through the senior official and 
        lead organization designated pursuant to subsection (b), shall 
        develop a comprehensive strategy for addressing the military 
        impacts of projects filed with the Secretary of Transportation 
        pursuant to section 44718 of title 49, United States Code.
            (2) Elements.--In developing the strategy required by 
        paragraph (1), the Secretary of Defense shall--
                    (A) assess of the magnitude of interference posed by 
                projects filed with the Secretary of Transportation 
                pursuant to section 44718 of title 49, United States 
                Code;
                    (B) identify geographic areas selected as proposed 
                locations for projects filed, or which may be filed in 
                the future, with the Secretary of Transportation 
                pursuant to section 44718 of title 49, United States 
                Code, where such projects could have an adverse impact 
                on military operations and

[[Page 124 STAT. 4200]]

                readiness and categorize the risk of adverse impact in 
                such areas as high, medium, or low for the purpose of 
                informing early outreach efforts under subsection (c)(4) 
                and preliminary assessments under subsection (e); and
                    (C) specifically identify feasible and affordable 
                long-term actions that may be taken to mitigate adverse 
                impacts of projects filed, or which may be filed in the 
                future, with the Secretary of Transportation pursuant to 
                section 44718 of title 49, United States Code, on 
                military operations and readiness, including--
                          (i) investment priorities of the Department of 
                      Defense with respect to research and development;
                          (ii) modifications to military operations to 
                      accommodate applications for such projects;
                          (iii) recommended upgrades or modifications to 
                      existing systems or procedures by the Department 
                      of Defense;
                          (iv) acquisition of new systems by the 
                      Department and other departments and agencies of 
                      the Federal Government and timelines for fielding 
                      such new systems; and
                          (v) modifications to the projects for which 
                      such applications are filed, including changes in 
                      size, location, or technology.

    (e) Department of Defense Hazard Assessment.--
            (1) <<NOTE: Deadline.>>  Preliminary assessment.--The 
        procedures established pursuant to subsection (c) shall ensure 
        that not later than 30 days after receiving a proper application 
        for a project filed with the Secretary of Transportation 
        pursuant to section 44718 of title 49, United States Code, the 
        Secretary of Defense shall review the project and provide a 
        preliminary assessment of the level of risk of adverse impact on 
        military operations and readiness that would arise from the 
        project and the extent of mitigation that may be needed to 
        address such risk.
            (2) Determination of unacceptable risk.--The procedures 
        established pursuant to subsection (c) shall ensure that the 
        Secretary of Defense does not object to a project filed with the 
        Secretary of Transportation pursuant to section 44718 of title 
        49, United States Code, except in a case in which the Secretary 
        of Defense determines, after giving full consideration to 
        mitigation actions identified pursuant to this section, that 
        such project would result in an unacceptable risk to the 
        national security of the United States.
            (3) <<NOTE: Deadline. Reports.>>  Congressional notice 
        requirement.--Not later than 30 days after making a 
        determination of unacceptable risk under paragraph (2), the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report on such determination and the basis for such 
        determination. Such a report shall include an explanation of the 
        operational impact that led to the determination, a discussion 
        of the mitigation options considered, and an explanation of why 
        the mitigation options were not feasible or did not resolve the 
        conflict.
            (4) Non-delegation of determinations.--The responsibility 
        for making a determination of unacceptable risk under paragraph 
        (2) may only be delegated to an appropriate senior officer of 
        the Department of Defense, on the recommendation of the senior 
        official designated pursuant to subsection (b).

[[Page 124 STAT. 4201]]

        The following individuals are appropriate senior officers of the 
        Department of Defense for the purposes of this paragraph:
                    (A) The Deputy Secretary of Defense.
                    (B) The Under Secretary of Defense for Acquisition, 
                Technology, and Logistics.
                    (C) The Principal Deputy Under Secretary of Defense 
                for Acquisition, Technology, and Logistics.

    (f) Reports.--
            (1) Report to congress.--Not later than March 15 each year 
        from 2011 through 2015, the Secretary of Defense shall submit to 
        the congressional defense committees a report on the actions 
        taken by the Department of Defense during the preceding year to 
        implement this section and the comprehensive strategy developed 
        pursuant to this section.
            (2) Contents of report.--Each report submitted under 
        paragraph (1) shall include--
                    (A) the results of a review carried out by the 
                Secretary of Defense of any projects filed with the 
                Secretary of Transportation pursuant to section 44718 of 
                title 49, United States Code--
                          (i) that the Secretary of Defense has 
                      determined would result in an unacceptable risk to 
                      the national security; and
                          (ii) for which the Secretary of Defense has 
                      recommended to the Secretary of Transportation 
                      that a hazard determination be issued;
                    (B) an assessment of the risk associated with the 
                loss or modifications of military training routes and a 
                quantification of such risk;
                    (C) an assessment of the risk associated with solar 
                power and similar systems as to the effects of glint on 
                military readiness;
                    (D) an assessment of the risk associated with 
                electromagnetic interference on military readiness, 
                including the effects of testing and evaluation ranges;
                    (E) an assessment of any risks posed by the 
                development of projects filed with the Secretary of 
                Transportation pursuant to section 44718 of title 49, 
                United States Code, to the prevention of threats and 
                aggression directed toward the United States and its 
                territories; and
                    (F) a description of the distance from a military 
                installation that the Department of Defense will use to 
                prescreen applicants under section 44718 of title 49, 
                United States Code.

    (g) Authority to Accept Contributions of Funds.--The Secretary of 
Defense is authorized to accept a voluntary contribution of funds from 
an applicant for a project filed with the Secretary of Transportation 
pursuant to section 44718 of title 49, United States Code. Amounts so 
accepted shall be available for the purpose of offsetting the cost of 
measures undertaken by the Secretary of Defense to mitigate adverse 
impacts of such project on military operations and readiness.
    (h) Effect of Department of Defense Hazard Assessment.--An action 
taken pursuant to this section shall not be considered to be a 
substitute for any assessment or determination required of the Secretary 
of Transportation under section 44718 of title 49, United States Code.

[[Page 124 STAT. 4202]]

    (i) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply with, 
any environmental law, including the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.).
    (j) Definitions.--In this section:
            (1) The term ``military training route'' means a training 
        route developed as part of the Military Training Route Program, 
        carried out jointly by the Federal Aviation Administration and 
        the Secretary of Defense, for use by the Armed Forces for the 
        purpose of conducting low-altitude, high-speed military 
        training.
            (2) The term ``military installation'' has the meaning given 
        that term in section 2801(c)(4) of title 10, United States Code.
            (3) The term ``military readiness'' includes any training or 
        operation that could be related to combat readiness, including 
        testing and evaluation activities.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status 
           technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                        Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2011, as follows:
            (1) The Army, 569,400.
            (2) The Navy, 328,700.
            (3) The Marine Corps, 202,100.
            (4) The Air Force, 332,200.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
                        LEVELS.

    Section 691(b) of title 10, United States Code, is amended by 
striking paragraphs (1) through (4) and inserting the following new 
paragraphs:
            ``(1) For the Army, 547,400.
            ``(2) For the Navy, 324,300.
            ``(3) For the Marine Corps, 202,100.
            ``(4) For the Air Force, 332,200.''.

[[Page 124 STAT. 4203]]

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 30, 
2011, as follows:
            (1) The Army National Guard of the United States, 358,200.
            (2) The Army Reserve, 205,000.
            (3) The Navy Reserve, 65,500.
            (4) The Marine Corps Reserve, 39,600.
            (5) The Air National Guard of the United States, 106,700.
            (6) The Air Force Reserve, 71,200.
            (7) The Coast Guard Reserve, 10,000.

    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or for 
        unsatisfactory participation in training) without their consent 
        at the end of the fiscal year.

    (c) End Strength Increases.--Whenever units or individual members of 
the Selected Reserve of any reserve component are released from active 
duty during any fiscal year, the end strength prescribed for such fiscal 
year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF 
                        THE RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 2011, 
the following number of Reserves to be serving on full-time active duty 
or full-time duty, in the case of members of the National Guard, for the 
purpose of organizing, administering, recruiting, instructing, or 
training the reserve components:
            (1) The Army National Guard of the United States, 32,060.
            (2) The Army Reserve, 16,261.
            (3) The Navy Reserve, 10,688.
            (4) The Marine Corps Reserve, 2,261.
            (5) The Air National Guard of the United States, 14,584.
            (6) The Air Force Reserve, 2,992.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    The minimum number of military technicians (dual status) as of the 
last day of fiscal year 2011 for the reserve components of the Army and 
the Air Force (notwithstanding section 129 of title 10, United States 
Code) shall be the following:
            (1) For the Army Reserve, 8,395.
            (2) For the Army National Guard of the United States, 
        27,210.

[[Page 124 STAT. 4204]]

            (3) For the Air Force Reserve, 10,720.
            (4) For the Air National Guard of the United States, 22,394.
SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF NON-DUAL STATUS 
                        TECHNICIANS.

    (a) Limitations.--
            (1) National guard.--Within the limitation provided in 
        section 10217(c)(2) of title 10, United States Code, the number 
        of non-dual status technicians employed by the National Guard as 
        of September 30, 2011, may not exceed the following:
                    (A) For the Army National Guard of the United 
                States, 1,600.
                    (B) For the Air National Guard of the United States, 
                350.
            (2) Army reserve.--The number of non-dual status technicians 
        employed by the Army Reserve as of September 30, 2011, may not 
        exceed 595.
            (3) Air force reserve.--The number of non-dual status 
        technicians employed by the Air Force Reserve as of September 
        30, 2011, may not exceed 90.

    (b) Non-dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
                        ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2011, the maximum number of members of the 
reserve components of the Armed Forces who may be serving at any time on 
full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:
            (1) The Army National Guard of the United States, 17,000.
            (2) The Army Reserve, 13,000.
            (3) The Navy Reserve, 6,200.
            (4) The Marine Corps Reserve, 3,000.
            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.

               Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated to the Department of Defense for military personnel for 
fiscal year 2011 a total of $138,540,700,000.
    (b) Construction of Authorization.--The authorization of 
appropriations in subsection (a) supersedes any other authorization of 
appropriations (definite or indefinite) for such purpose for fiscal year 
2011.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

Sec. 501. Ages for appointment and mandatory retirement for health 
           professions officers.

[[Page 124 STAT. 4205]]

Sec. 502. Authority for appointment of warrant officers in the grade of 
           W-1 by commission and standardization of warrant officer 
           appointing authority.
Sec. 503. Nondisclosure of information from discussions, deliberations, 
           notes, and records of special selection boards.
Sec. 504. Administrative removal of officers from promotion list.
Sec. 505. Modification of authority for officers selected for 
           appointment to general and flag officer grades to wear 
           insignia of higher grade before appointment.
Sec. 506. Temporary authority to reduce minimum length of active service 
           as a commissioned officer required for voluntary retirement 
           as an officer.

                Subtitle B--Reserve Component Management

Sec. 511. Removal of statutory distribution limits on Navy reserve flag 
           officer allocation.
Sec. 512. Assignment of Air Force Reserve military technicians (dual 
           status) to positions outside Air Force Reserve unit program.
Sec. 513. Temporary authority for temporary employment of non-dual 
           status military technicians.
Sec. 514. Revision of structure and functions of the Reserve Forces 
           Policy Board.
Sec. 515. Repeal of requirement for new oath when officer transfers from 
           active-duty list to reserve active-status list.
Sec. 516. Leave of members of the reserve components of the Armed 
           Forces.
Sec. 517. Direct appointment of graduates of the United States Merchant 
           Marine Academy into the National Guard.

          Subtitle C--Joint Qualified Officers and Requirements

Sec. 521. Technical revisions to definition of joint matters for 
           purposes of joint officer management.
Sec. 522. Modification of promotion board procedures for joint qualified 
           officers and officers with Joint Staff experience.

                 Subtitle D--General Service Authorities

Sec. 531. Extension of temporary authority to order retired members of 
           the Armed Forces to active duty in high-demand, low-density 
           assignments.
Sec. 532. Non-chargeable rest and recuperation absence for certain 
           members undergoing extended deployment to a combat zone.
Sec. 533. Correction of military records.
Sec. 534. Disposition of members found to be fit for duty who are not 
           suitable for deployment or worldwide assignment for medical 
           reasons.
Sec. 535. Review of laws, policies, and regulations restricting service 
           of female members of the Armed Forces.

             Subtitle E--Military Justice and Legal Matters

Sec. 541. Continuation of warrant officers on active duty to complete 
           disciplinary action.
Sec. 542. Enhanced authority to punish contempt in military justice 
           proceedings.
Sec. 543. Improvements to Department of Defense domestic violence 
           programs.

      Subtitle F--Member Education and Training Opportunities and 
                             Administration

Sec. 551. Enhancements of Department of Defense undergraduate nurse 
           training program.
Sec. 552. Repayment of education loan repayment benefits.
Sec. 553. Participation of Armed Forces Health Professions Scholarship 
           and Financial Assistance Program recipients in active duty 
           health profession loan repayment program.
Sec. 554. Active duty obligation for military academy graduates who 
           participate in the Armed Forces Health Professions 
           Scholarship and Financial Assistance program.

                Subtitle G--Defense Dependents' Education

Sec. 561. Enrollment of dependents of members of the Armed Forces who 
           reside in temporary housing in Department of Defense domestic 
           dependent elementary and secondary schools.
Sec. 562. Continuation of authority to assist local educational agencies 
           that benefit dependents of members of the Armed Forces and 
           Department of Defense civilian employees.
Sec. 563. Impact aid for children with severe disabilities.

                   Subtitle H--Decorations and Awards

Sec. 571. Clarification of persons eligible for award of bronze star 
           medal.

[[Page 124 STAT. 4206]]

Sec. 572. Authorization and request for award of Distinguished-Service 
           Cross to Shinyei Matayoshi for acts of valor during World War 
           II.
Sec. 573. Authorization and request for award of Distinguished-Service 
           Cross to Jay C. Copley for acts of valor during the Vietnam 
           War.
Sec. 574. Program to commemorate 60th anniversary of the Korean War.

              Subtitle I--Military Family Readiness Matters

Sec. 581. Appointment of additional members of Department of Defense 
           Military Family Readiness Council.
Sec. 582. Enhancement of community support for military families with 
           special needs.
Sec. 583. Modification of Yellow Ribbon Reintegration Program.
Sec. 584. Expansion and continuation of Joint Family Support Assistance 
           Program.
Sec. 585. Report on military spouse education programs.
Sec. 586. Report on enhancing benefits available for military dependent 
           children with special education needs.
Sec. 587. Reports on child development centers and financial assistance 
           for child care for members of the Armed Forces.

                        Subtitle J--Other Matters

Sec. 591. Authority for members of the Armed Forces and Department of 
           Defense and Coast Guard civilian employees and their families 
           to accept gifts from non-Federal entities.
Sec. 592. Increase in number of private sector civilians authorized for 
           admission to National Defense University.
Sec. 593. Admission of defense industry civilians to attend United 
           States Air Force Institute of Technology.
Sec. 594. Updated terminology for Army Medical Service Corps.
Sec. 595. Date for submission of annual report on Department of Defense 
           STARBASE Program.
Sec. 596. Extension of deadline for submission of final report of 
           Military Leadership Diversity Commission.

             Subtitle A--Officer Personnel Policy Generally

SEC. 501. AGES FOR APPOINTMENT AND MANDATORY RETIREMENT FOR HEALTH 
                        PROFESSIONS OFFICERS.

    (a) Age for Original Appointment as Health Professions Officer.--
Section 532(d)(2) of title 10, United States Code, is amended by 
striking ``reserve''.
    (b) Mandatory Retirement Age for Health Professions Officers.--
            (1) Additional categories of officers eligible for deferral 
        of mandatory retirement for age.--Paragraph (2) of section 
        1251(b) of such title is amended--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(D) an officer in a category of officers designated by the 
        Secretary of the military department concerned for the purposes 
        of this paragraph as consisting of officers whose duties consist 
        primarily of--
                    ``(i) providing health care;
                    ``(ii) performing other clinical care; or
                    ``(iii) performing health care-related 
                administrative duties.''.
            (2) Conforming amendment.--Paragraph (1) of such section is 
        amended by striking ``the officer will be performing duties 
        consisting primarily of providing patient care or performing 
        other clinical duties.'' and inserting ``the officer--

[[Page 124 STAT. 4207]]

            ``(A) will be performing duties consisting primarily of 
        providing patient care or performing other clinical duties; or
            ``(B) is in a category of officers designated under 
        subparagraph (D) of paragraph (2) whose duties will consist 
        primarily of the duties described in clause (i), (ii), or (iii) 
        of such subparagraph.''.
SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OFFICERS IN THE 
                        GRADE OF W-1 BY COMMISSION AND 
                        STANDARDIZATION OF WARRANT OFFICER 
                        APPOINTING AUTHORITY.

    (a) Regular Officers.--
            (1) Authority for appointments by commission in warrant 
        officer w-1 grade.--The first sentence of section 571(b) of 
        title 10, United States Code, is amended by striking ``by the 
        Secretary concerned'' and inserting ``, except that with respect 
        to an armed force under the jurisdiction of the Secretary of a 
        military department, the Secretary concerned may provide by 
        regulation that appointments in that grade in that armed force 
        shall be made by commission''.
            (2) <<NOTE: President.>>  Appointing authority.--The second 
        sentence of such section is amended by inserting before the 
        period at the end the following: ``, and appointments (whether 
        by warrant or commission) in the grade of regular warrant 
        officer, W-1, shall be made by the President, except that 
        appointments in that grade in the Coast Guard shall be made by 
        the Secretary concerned''.

    (b) Reserve Officers.--Subsection (b) of section 12241 of such title 
is amended to read as follows:
    ``(b) Appointments in permanent reserve warrant officer grades shall 
be made in the same manner as is prescribed for regular warrant officer 
grades by section 571(b) of this title.''.
    (c) <<NOTE: Applicability. 10 USC 12241 note.>>  Presidential 
Functions.--Except as otherwise provided by the President by Executive 
order, the provisions of Executive Order 13384 (10 U.S.C. 531 note) 
relating to the functions of the President under the second sentence of 
section 571(b) of title 10, United States Code, shall apply in the same 
manner to the functions of the President under section 12241(b) of title 
10, United States Code.
SEC. 503. NONDISCLOSURE OF INFORMATION FROM DISCUSSIONS, 
                        DELIBERATIONS, NOTES, AND RECORDS OF 
                        SPECIAL SELECTION BOARDS.

    (a) Nondisclosure of Board Proceedings.--Section 613a of title 10, 
United States Code, is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection:

    ``(a) Prohibition on Disclosure.--The proceedings of a selection 
board convened under section 573, 611, or 628 of this title may not be 
disclosed to any person not a member of the board, except as authorized 
or required to process the report of the board. This prohibition is a 
statutory exemption from disclosure, as described in section 552(b)(3) 
of title 5.'';
            (2) in subsection (b), by striking ``and Records'' and 
        inserting ``Notes, and Records''; and
            (3) by adding at the end the following new subsection:

    ``(c) Applicability.--This section applies to all selection boards 
convened under section 573, 611, or 628 of this title, regardless of the 
date on which the board was convened.''.

[[Page 124 STAT. 4208]]

    (b) <<NOTE: 10 USC 628.>>  Reports of Boards.--Section 628(c)(2) of 
such title is amended by striking ``sections 576(d) and 576(f)'' and 
inserting ``sections 576(d), 576(f), and 613a''.

    (c) Reserve Boards.--Section 14104 of such title is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection:

    ``(a) Prohibition on Disclosure.--The proceedings of a selection 
board convened under section 14101 or 14502 of this title may not be 
disclosed to any person not a member of the board, except as authorized 
or required to process the report of the board. This prohibition is a 
statutory exemption from disclosure, as described in section 552(b)(3) 
of title 5.'';
            (2) in subsection (b), by striking ``and Records'' and 
        inserting ``Notes, and Records''; and
            (3) by adding at the end the following new subsection:

    ``(c) Applicability.--This section applies to all selection boards 
convened under section 14101 or 14502 of this title, regardless of the 
date on which the board was convened.''.
SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM PROMOTION LIST.

    (a) Active-duty List.--Section 629 of title 10, United States Code, 
is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) <<NOTE: Regulations.>>  Administrative Removal.--Under 
regulations prescribed by the Secretary concerned, if an officer on the 
active-duty list is discharged or dropped from the rolls or transferred 
to a retired status after having been recommended for promotion to a 
higher grade under this chapter, but before being promoted, the 
officer's name shall be administratively removed from the list of 
officers recommended for promotion by a selection board.''.

    (b) Reserve Active-status List.--Section 14310 of such title is 
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) <<NOTE: Regulations.>>  Administrative Removal.--Under 
regulations prescribed by the Secretary concerned, if an officer on the 
reserve active-status list is discharged or dropped from the rolls or 
transferred to a retired status after having been recommended for 
promotion to a higher grade under this chapter or having been found 
qualified for Federal recognition in the higher grade under title 32, 
but before being promoted, the officer's name shall be administratively 
removed from the list of officers recommended for promotion by a 
selection board.''.
SEC. 505. MODIFICATION OF AUTHORITY FOR OFFICERS SELECTED FOR 
                        APPOINTMENT TO GENERAL AND FLAG OFFICER 
                        GRADES TO WEAR INSIGNIA OF HIGHER GRADE 
                        BEFORE APPOINTMENT.

    (a) Limited Authority for Officers Selected for Appointment to 
Grades Above Major General and Rear Admiral.--
            (1) In general.--Chapter 45 of title 10, United States Code, 
        is amended by adding at the end the following new section:

[[Page 124 STAT. 4209]]

``Sec. 777a. Wearing of insignia of higher grade before 
                  appointment to a grade above major general or 
                  rear admiral (frocking): authority; restrictions

    ``(a) Authority.--An officer serving in a grade below the grade of 
lieutenant general or, in the case of the Navy, vice admiral, who has 
been selected for appointment to the grade of lieutenant general or 
general, or, in the case of the Navy, vice admiral or admiral, and an 
officer serving in the grade of lieutenant general or vice admiral who 
has been selected for appointment to the grade of general or admiral, 
may be authorized, under regulations and policies of the Department of 
Defense and subject to subsection (b), to wear the insignia for that 
higher grade for a period of up to 14 days before assuming the duties of 
a position for which the higher grade is authorized. An officer who is 
so authorized to wear the insignia of a higher grade is said to be 
`frocked' to that grade.
    ``(b) Restrictions.--An officer may not be authorized to wear the 
insignia for a grade as described in subsection (a) unless--
            ``(1) the Senate has given its advice and consent to the 
        appointment of the officer to that grade;
            ``(2) the officer has received orders to serve in a position 
        outside the military department of that officer for which that 
        grade is authorized;
            ``(3) the Secretary of Defense (or a civilian officer within 
        the Office of the Secretary of Defense whose appointment was 
        made with the advice and consent of the Senate and to whom the 
        Secretary delegates such approval authority) has given approval 
        for the officer to wear the insignia for that grade before 
        assuming the duties of a position for which that grade is 
        authorized; and
            ``(4) <<NOTE: Notification.>>  the Secretary of Defense has 
        submitted to Congress a written notification of the intent to 
        authorize the officer to wear the insignia for that grade.

    ``(c) Benefits Not to Be Construed as Accruing.--(1) Authority 
provided to an officer as described in subsection (a) to wear the 
insignia of a higher grade may not be construed as conferring authority 
for that officer to--
            ``(A) be paid the rate of pay provided for an officer in 
        that grade having the same number of years of service as that 
        officer; or
            ``(B) assume any legal authority associated with that grade.

    ``(2) The period for which an officer wears the insignia of a higher 
grade under such authority may not be taken into account for any of the 
following purposes:
            ``(A) Seniority in that grade.
            ``(B) Time of service in that grade.

    ``(d) Limitation on Number of Officers Frocked.--The total number of 
officers who are authorized to wear the insignia for a higher grade 
under this section shall count against the limitation in section 777(d) 
of this title on the total number of officers authorized to wear the 
insignia of a higher grade.''.

[[Page 124 STAT. 4210]]

            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``777a. Wearing of insignia of higher grade before appointment to a 
           grade above major general or rear admiral (frocking): 
           authority; restrictions.''.

    (b) Repeal of Waiting Period Following Congressional Notification 
for Officers Selected for Appointment to General and Flag Officer Grades 
Below Lieutenant General and Vice Admiral.--Section 777(b)(3)(B) of such 
title <<NOTE: 10 USC 777.>>  is amended by striking ``and a period of 30 
days has elapsed after the date of the notification''.
SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF ACTIVE 
                        SERVICE AS A COMMISSIONED OFFICER REQUIRED 
                        FOR VOLUNTARY RETIREMENT AS AN OFFICER.

    (a) Army.--Section 3911(b)(2) of title 10, United States Code, is 
amended by striking ``January 6, 2006, and ending on December 31, 2008'' 
and inserting ``the date of the enactment of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 and ending on September 
30, 2013''.
    (b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such title is 
amended by striking ``January 6, 2006, and ending on December 31, 2008'' 
and inserting ``the date of the enactment of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 and ending on September 
30, 2013''.
    (c) Air Force.--Section 8911(b)(2) of such title is amended by 
striking ``January 6, 2006, and ending on December 31, 2008'' and 
inserting ``the date of the enactment of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 and ending on September 
30, 2013''.

                Subtitle B--Reserve Component Management

SEC. 511. REMOVAL OF STATUTORY DISTRIBUTION LIMITS ON NAVY RESERVE 
                        FLAG OFFICER ALLOCATION.

    Section 12004(c) of title 10, United States Code, is amended--
            (1) by striking paragraphs (2), (3), and (5); and
            (2) by redesignating paragraph (4) as paragraph (2).
SEC. 512. ASSIGNMENT OF AIR FORCE RESERVE MILITARY TECHNICIANS 
                        (DUAL STATUS) TO POSITIONS OUTSIDE AIR 
                        FORCE RESERVE UNIT PROGRAM.

    Section 10216(d) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3) Paragraph (1) does not apply to a military technician (dual 
status) who is employed by the Air Force Reserve in an area other than 
the Air Force Reserve unit program, except that not more than 50 of such 
technicians may be assigned outside of the unit program at the same 
time.''.
SEC. 513. TEMPORARY AUTHORITY FOR TEMPORARY EMPLOYMENT OF NON-DUAL 
                        STATUS MILITARY TECHNICIANS.

    (a) Exception for Temporary Employment.--Section 10217 of title 10, 
United States Code, is amended--
            (1) in subsection (a)--

[[Page 124 STAT. 4211]]

                    (A) by striking ``or'' at the end of paragraph (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) is hired as a temporary employee pursuant to the 
        exception for temporary employment provided by subsection (d) 
        and subject to the terms and conditions of such subsection.''; 
        and
            (2) by adding at the end the following new subsection:

    ``(d) <<NOTE: Time period.>>  Exception for Temporary Employment.--
(1) Notwithstanding section 10218 of this title, the Secretary of the 
Army or the Secretary of the Air Force may employ, for a period not to 
exceed two years, a person to fill a vacancy created by the mobilization 
of a military technician (dual status) occupying a position under 
section 10216 of this title.

    ``(2) The duration of the temporary employment of a person in a 
military technician position under this subsection may not exceed the 
shorter of the following:
            ``(A) The period of mobilization of the military technician 
        (dual status) whose vacancy is being filled by the temporary 
        employee.
            ``(B) Two years.

    ``(3) <<NOTE: Time period.>>  No person may be hired under the 
authority of this subsection after the end of the 2-year period 
beginning on the date of the enactment of this subsection.''.

    (b) Exception From Permanent Limitation on Number of Non-dual Status 
Technicians.--Subsection (c) of such section is amended <<NOTE: 10 USC 
10217.>>  by adding at the end the following new paragraph:

    ``(3) An individual employed as a non-dual status technician as 
described in subsection (a)(3) shall not be consider a non-dual status 
technician for purposes of paragraphs (1) and (2).''.
SEC. 514. REVISION OF STRUCTURE AND FUNCTIONS OF THE RESERVE 
                        FORCES POLICY BOARD.

    (a) Revision of Structure.--
            (1) In general.--Section 10301 of title 10, United States 
        Code, is amended to read as follows:
``Sec. 10301. Reserve Forces Policy Board

    ``(a) In General.--As provided in section 175 of this title, there 
is in the Office of the Secretary of Defense a board known as the 
`Reserve Forces Policy Board' (in this section referred to as the 
`Board').
    ``(b) <<NOTE: Recommenda- tions.>>  Functions.--The Board shall 
serve as an independent adviser to the Secretary of Defense to provide 
advice and recommendations to the Secretary on strategies, policies, and 
practices designed to improve and enhance the capabilities, efficiency, 
and effectiveness of the reserve components.

    ``(c) Membership.--The Board consists of 20 members, appointed or 
designated as follows:
            ``(1) A civilian appointed by the Secretary of Defense from 
        among persons determined by the Secretary to have the knowledge 
        of, and experience in, policy matters relevant to national 
        security and reserve component matters necessary to carry out 
        the duties of chair of the Board, who shall serve as chair of 
        the Board.

[[Page 124 STAT. 4212]]

            ``(2) Two active or retired reserve officers or enlisted 
        members designated by the Secretary of Defense upon the 
        recommendation of the Secretary of the Army--
                    ``(A) one of whom shall be a member of the Army 
                National Guard of the United States or a former member 
                of the Army National Guard of the United States in the 
                Retired Reserve; and
                    ``(B) one of whom shall be a member or retired 
                member of the Army Reserve.
            ``(3) Two active or retired reserve officers or enlisted 
        members designated by the Secretary of Defense upon the 
        recommendation of the Secretary of the Navy--
                    ``(A) one of whom shall be an active or retired 
                officer of the Navy Reserve; and
                    ``(B) one of whom shall be an active or retired 
                officer of the Marine Corps Reserve.
            ``(4) Two active or retired reserve officers or enlisted 
        members designated by the Secretary of Defense upon the 
        recommendation of the Secretary of the Air Force--
                    ``(A) one of whom shall be a member of the Air 
                National Guard of the United States or a former member 
                of the Air National Guard of the United States in the 
                Retired Reserve; and
                    ``(B) one of whom shall be a member or retired 
                member of the Air Force Reserve.
            ``(5) One active or retired reserve officer or enlisted 
        member of the Coast Guard designated by the Secretary of 
        Homeland Security.
            ``(6) Ten persons appointed or designated by the Secretary 
        of Defense, each of whom shall be a United States citizen having 
        significant knowledge of and experience in policy matters 
        relevant to national security and reserve component matters and 
        shall be one of the following:
                    ``(A) An individual not employed in any Federal or 
                State department or agency.
                    ``(B) An individual employed by a Federal or State 
                department or agency.
                    ``(C) An officer of a regular component of the armed 
                forces on active duty, or an officer of a reserve 
                component of the armed forces in an active status, who--
                          ``(i) is serving or has served in a senior 
                      position on the Joint Staff, the headquarters 
                      staff of a combatant command, or the headquarters 
                      staff of an armed force; and
                          ``(ii) has experience in joint professional 
                      military education, joint qualification, and joint 
                      operations matters.
            ``(7) A reserve officer of the Army, Navy, Air Force, or 
        Marine Corps who is a general or flag officer recommended by the 
        chair and designated by the Secretary of Defense, who shall 
        serve without vote--
                    ``(A) as military adviser to the chair;
                    ``(B) as military executive officer of the Board; 
                and
                    ``(C) as supervisor of the operations and staff of 
                the Board.
            ``(8) A senior enlisted member of a reserve component 
        recommended by the chair and designated by the Secretary of

[[Page 124 STAT. 4213]]

        Defense, who shall serve without vote as enlisted military 
        adviser to the chair.

    ``(d) Matters To Be Acted on.--The Board may act on those matters 
referred to it by the chair and on any matter raised by a member of the 
Board or the Secretary of Defense.
    ``(e) Staff.--The Board shall be supported by a staff consisting of 
one full-time officer from each of the reserve components listed in 
paragraphs (1) through (6) of section 10101 of this title who holds the 
grade of colonel (or in the case of the Navy, the grade of captain) or 
who has been selected for promotion to that grade. These officers shall 
also serve as liaisons between their respective components and the 
Board. They shall perform their staff and liaison duties under the 
supervision of the military executive officer of the Board in an 
independent manner reflecting the independent nature of the Board.
    ``(f) Relationship to Service Reserve Policy Committees and 
Boards.--This section does not affect the committees and boards 
prescribed within the military departments by sections 10302 through 
10305 of this title, and a member of such a committee or board may, if 
otherwise eligible, be a member of the Board.''.
            (2) <<NOTE: 10 USC 10301 note.>>  Effective date.--The 
        amendment made by paragraph (1) shall take effect on July 1, 
        2011.

    (b) Revision to Annual Report Requirement.--Section 113(c)(2) of 
title 10, United States Code, is amended by striking ``the reserve 
programs of the Department of Defense and on any other matters'' and 
inserting ``on any reserve component matter''.
SEC. 515. REPEAL OF REQUIREMENT FOR NEW OATH WHEN OFFICER 
                        TRANSFERS FROM ACTIVE-DUTY LIST TO RESERVE 
                        ACTIVE-STATUS LIST.

    Section 12201(a)(2) of title 10, United States Code, is amended by 
striking ``An officer transferred from the active-duty list of an armed 
force to a reserve active-status list of an armed force under section 
647 of this title'' and inserting ``If an officer is transferred from 
the active-duty list of an armed force to a reserve active-status list 
of an armed force in accordance with regulations prescribed by the 
Secretary of Defense, the officer''.
SEC. 516. LEAVE OF MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED 
                        FORCES.

    (a) Carryover of Accumulated Leave to Succeeding Period of Active 
Service.--Section 701 of title 10, United States Code, is amended by 
adding at the end the following new subsection:
    ``(k) A member of a reserve component who accumulates leave during a 
period of active service may carry over any leave so accumulated to the 
member's next period of active service, subject to the accumulation 
limits in subsections (b), (d), and (f), without regard to separation or 
release from active service if the separation or release is under 
honorable conditions. The taking of leave carried over under this 
subsection shall be subject to the provisions of this section.''.
    (b) Payment for Unused Accrued Leave.--Section 501(a) of title 37, 
United States Code, is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:

[[Page 124 STAT. 4214]]

            ``(4) in the case of an officer or an enlisted member of a 
        reserve component who is not serving on active duty, separation 
        or release from the reserve component under honorable 
        conditions, or death; and
            ``(5) in the case of an enlisted member of a reserve a 
        component who is not serving on active duty, termination of 
        enlistment in conjunction with the commencement of a successive 
        enlistment, or appointment as an officer.''.
SEC. 517. DIRECT APPOINTMENT OF GRADUATES OF THE UNITED STATES 
                        MERCHANT MARINE ACADEMY INTO THE NATIONAL 
                        GUARD.

    Section 305(a)(5) of title 32, United States Code, is amended by 
striking ``or the United States Coast Guard Academy'' and inserting 
``the United States Coast Guard Academy, or the United States Merchant 
Marine Academy''.

          Subtitle C--Joint Qualified Officers and Requirements

SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT MATTERS FOR 
                        PURPOSES OF JOINT OFFICER MANAGEMENT.

    Section 668(a) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``multiple'' in the matter preceding 
                subparagraph (A) and inserting ``integrated''; and
                    (B) by striking ``and'' at the end of the 
                subparagraph (D) and inserting ``or''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraph:

    ``(2) In the context of joint matters, the term `integrated military 
forces' refers to military forces that are involved in the planning or 
execution (or both) of operations involving participants from--
            ``(A) more than one military department; or
            ``(B) a military department and one or more of the 
        following:
                    ``(i) Other departments and agencies of the United 
                States.
                    ``(ii) The military forces or agencies of other 
                countries.
                    ``(iii) Non-governmental persons or entities.''.
SEC. 522. MODIFICATION OF PROMOTION BOARD PROCEDURES FOR JOINT 
                        QUALIFIED OFFICERS AND OFFICERS WITH JOINT 
                        STAFF EXPERIENCE.

    (a) Board Composition.--Subsection (c) of section 612 of title 10, 
United States Code, is amended to read as follows:
    ``(c)(1) Each selection board convened under section 611(a) of this 
title that will consider an officer described in paragraph (2) shall 
include at least one officer designated by the Chairman of the Joint 
Chiefs of Staff who is a joint qualified officer.
    ``(2) <<NOTE: Applicability.>>  Paragraph (1) applies with respect 
to an officer who--
            ``(A) is serving on, or has served on, the Joint Staff; or
            ``(B) is a joint qualified officer.

    ``(3) <<NOTE: Waiver authority.>>  The Secretary of Defense may 
waive the requirement in paragraph (1) in the case of--
            ``(A) any selection board of the Marine Corps; or

[[Page 124 STAT. 4215]]

            ``(B) any selection board that is considering officers in 
        specialties identified in paragraph (2) or (3) of section 
        619a(b) of this title.''.

    (b) Information Furnished to Selection Boards.--Section 615 of such 
title <<NOTE: 10 USC 615.>>  is amended in subsections (b)(5) and (c) by 
striking ``in joint duty assignments of officers who are serving, or 
have served, in such assignments'' and inserting ``of officers who are 
serving on, or have served on, the Joint Staff or are joint qualified 
officers''.

    (c) Action on Report of Selection Boards.--Section 618(b) of such 
title is amended--
            (1) in paragraph (1), by striking ``are serving, or have 
        served, in joint duty assignments'' and inserting ``are serving 
        on, or have served on, the Joint Staff or are joint qualified 
        officers'';
            (2) in subparagraphs (A) and (B) of paragraph (2), by 
        striking ``in joint duty assignments of officers who are 
        serving, or have served, in such assignments'' and inserting 
        ``of officers who are serving on, or have served on, the Joint 
        Staff or are joint qualified officers''; and
            (3) in paragraph (4), by striking ``in joint duty 
        assignments'' and inserting ``who are serving on, or have served 
        on, the Joint Staff or are joint qualified officers''.

                 Subtitle D--General Service Authorities

SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO ORDER RETIRED 
                        MEMBERS OF THE ARMED FORCES TO ACTIVE DUTY 
                        IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS.

    (a) Extension of Authority.--Section 688a(f) of title 10, United 
States Code, is amended by striking ``December 31, 2010'' and inserting 
``December 31, 2011''.
    (b) Report Required.--Not later than April 1, 2011, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report containing an assessment by 
the Secretary of the need to extend the authority provided by section 
688a of title 10, United States Code, beyond December 31, 2011. The 
report shall include, at a minimum, the following:
            (1) A list of the current types of high-demand, low-density 
        capabilities (as defined in such section) for which the 
        authority is being used to address operational requirements.
            (2) For each high-demand, low-density capability included in 
        the list under paragraph (1), the number of retired members of 
        the Armed Forces who have served on active duty at any time 
        during each of fiscal years 2007 through 2010 under the 
        authority.
            (3) A plan to increase the required active duty strength for 
        the high-demand, low-density capabilities included in the list 
        under paragraph (1) to eliminate the need to use the authority.

[[Page 124 STAT. 4216]]

SEC. 532. NON-CHARGEABLE REST AND RECUPERATION ABSENCE FOR CERTAIN 
                        MEMBERS UNDERGOING EXTENDED DEPLOYMENT TO 
                        A COMBAT ZONE.

    (a) In General.--Chapter 40 of title 10, United States Code, is 
amended by inserting after section 705 the following new section:
``Sec. 705a. Rest and recuperation absence: certain members 
                  undergoing extended deployment to a combat zone

    ``(a) <<NOTE: Regulations.>>  Rest and Recuperation Authorized.--
Under regulations prescribed by the Secretary of Defense, the Secretary 
concerned may provide a member of the armed forces described in 
subsection (b) the benefits described in subsection (c).

    ``(b) Covered Members.--A member of the armed forces described in 
this subsection is any member who--
            ``(1) is assigned or deployed for at least 270 days in an 
        area or location--
                    ``(A) that is designated by the President as a 
                combat zone; and
                    ``(B) in which hardship duty pay is authorized to be 
                paid under section 305 of title 37; and
            ``(2) meets such other criteria as the Secretary of Defense 
        may prescribe in the regulations required by subsection (a).

    ``(c) Benefits.--The benefits described in this subsection are the 
following:
            ``(1) A period of rest and recuperation absence for not more 
        than 15 days.
            ``(2) Round-trip transportation at Government expense from 
        the area or location in which the member is serving in 
        connection with the exercise of the period of rest and 
        recuperation.

    ``(d) Construction With Other Leave.--Any benefits provided a member 
under this section are in addition to any other leave or absence to 
which the member may be entitled.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
705 the following new item:

``705a. Rest and recuperation absence: certain members undergoing 
           extended deployment to a combat zone.''.

SEC. 533. CORRECTION OF MILITARY RECORDS.

    (a) Members Eligible to Request Review of Retirement or Separation 
Without Pay for Physical Disability.--Section 1554(a) of title 10, 
United States Code, is amended--
            (1) by striking ``an officer'' and inserting ``a member or 
        former member of the uniformed services''; and
            (2) by striking ``his case'' and inserting ``the member's 
        case''.

    (b) Limitation on Reduction in Personnel Assigned to Duty With 
Service Review Agency.--1559(a) of such title is amended by striking 
``December 31, 2010'' and inserting ``December 31, 2013''.
SEC. 534. DISPOSITION OF MEMBERS FOUND TO BE FIT FOR DUTY WHO ARE 
                        NOT SUITABLE FOR DEPLOYMENT OR WORLDWIDE 
                        ASSIGNMENT FOR MEDICAL REASONS.

    (a) Disposition.--
            (1) In general.--Chapter 61 of title 10, United States Code, 
        is amended by inserting after section 1214 the following new 
        section:

[[Page 124 STAT. 4217]]

``Sec. 1214a. Members determined fit for duty in Physical 
                    Evaluation Board evaluation: prohibition on 
                    involuntary administrative separation due to 
                    unsuitability based on medical conditions 
                    considered in evaluation

    ``(a) Disposition.--Except as provided in subsection (c), the 
Secretary of the military department concerned may not authorize the 
involuntary administrative separation of a member described in 
subsection (b) based on a determination that the member is unsuitable 
for deployment or worldwide assignment based on the same medical 
condition of the member considered by a Physical Evaluation Board during 
the evaluation of the member.
    ``(b) Covered Members.--A member covered by subsection (a) is any 
member of the armed forces who has been determined by a Physical 
Evaluation Board pursuant to a physical evaluation by the board to be 
fit for duty.
    ``(c) Reevaluation.--(1) The Secretary of the military department 
concerned may direct the Physical Evaluation Board to reevaluate any 
member described in subsection (b) if the Secretary has reason to 
believe that a medical condition of the member considered by the 
Physical Evaluation Board during the evaluation of the member described 
in that subsection renders the member unsuitable for continued military 
service based on the medical condition.
    ``(2) A member determined pursuant to reevaluation under paragraph 
(1) to be unfit to perform the duties of the member's office, grade, 
rank, or rating may be retired or separated for physical disability 
under this chapter.
    ``(3) The Secretary of Defense shall be the final approval authority 
for any case determined by the Secretary of a military department to 
warrant administrative separation based on a determination that the 
member is unsuitable for continued service due to the same medical 
condition of the member considered by a Physical Evaluation Board that 
found the member fit for duty.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 61 of such title is amended by inserting 
        after the item relating to section 1214 the following new item:

``1214a. Members determined fit for duty in Physical Evaluation Board 
           evaluation: prohibition on involuntary administrative 
           separation due to unsuitability based on medical conditions 
           considered in evaluation.''.

    (b) <<NOTE: 10 USC 1214a note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect on the date of the enactment of 
this Act, and shall apply with respect to members evaluated for fitness 
for duty by Physical Evaluation Boards on or after that date.
SEC. 535. REVIEW OF LAWS, POLICIES, AND REGULATIONS RESTRICTING 
                        SERVICE OF FEMALE MEMBERS OF THE ARMED 
                        FORCES.

    (a) Review Required.--The Secretary of Defense, in coordination with 
the Secretaries of the military departments, shall conduct a review of 
laws, policies, and regulations, including the collocation policy, that 
may restrict the service of female members of the Armed Forces to 
determine whether changes in such laws, policies, and regulations are 
needed to ensure that female members have an equitable opportunity to 
compete and excel in the Armed Forces.

[[Page 124 STAT. 4218]]

    (b) <<NOTE: Deadline. Reports.>>  Submission of Results.--Not later 
than April 15, 2011, the Secretary of Defense shall submit to the 
congressional defense committees a report containing the results of the 
review.

             Subtitle E--Military Justice and Legal Matters

SEC. 541. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY TO 
                        COMPLETE DISCIPLINARY ACTION.

    Section 580 of title 10, United States Code, is amended by adding at 
the end the following new subsection:
    ``(f) A warrant officer subject to discharge or retirement under 
this section, but against whom any action has been commenced with a view 
to trying the officer by court-martial, may be continued on active duty, 
without prejudice to such action, until the completion of such 
action.''.
SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY 
                        JUSTICE PROCEEDINGS.

    (a) In General.--Section 848 of title 10, United States Code 
(article 48 of the Uniform Code of Military Justice), is amended to read 
as follows:
``Sec. 848. Art. 48. Contempts

    ``(a) Authority to Punish Contempt.--A judge detailed to a court-
martial, a court of inquiry, the United States Court of Appeals for the 
Armed Forces, a military Court of Criminal Appeals, a provost court, or 
a military commission may punish for contempt any person who--
            ``(1) uses any menacing word, sign, or gesture in the 
        presence of the judge during the proceedings of the court-
        martial, court, or military commission;
            ``(2) disturbs the proceedings of the court-martial, court, 
        or military commission by any riot or disorder; or
            ``(3) willfully disobeys the lawful writ, process, order, 
        rule, decree, or command of the court-martial, court, or 
        military commission.

    ``(b) Punishment.--The punishment for contempt under subsection (a) 
may not exceed confinement for 30 days, a fine of $1,000, or both.
    ``(c) Inapplicability to Military Commissions Under Chapter 47A.--
This section does not apply to a military commission established under 
chapter 47A of this title.''.
    (b) <<NOTE: 10 USC 848 note.>>  Effective Date.--Section 848 of 
title 10, United States Code (article 48 of the Uniform Code of Military 
Justice), as amended by subsection (a), shall apply with respect to acts 
of contempt committed after the date of the enactment of this Act.
SEC. 543. <<NOTE: 10 USC 1562 note.>>  IMPROVEMENTS TO DEPARTMENT 
                        OF DEFENSE DOMESTIC VIOLENCE PROGRAMS.

    (a) <<NOTE: Plans.>>  Implementation of Outstanding Comptroller 
General Recommendations.--Consistent with <<NOTE: Deadline.>>  the 
recommendations contained in the report of the Comptroller General of 
the United States titled ``Status of Implementation of GAO's 2006 
Recommendations on the Department of Defense's Domestic Violence 
Program'' (GAO-10-577R), the Secretary of Defense shall complete,

[[Page 124 STAT. 4219]]

not later than one year after the date of enactment of this Act, 
implementation of actions to address the following recommendations:
            (1) Defense incident-based reporting system.--The Secretary 
        of Defense shall develop a comprehensive management plan to 
        address deficiencies in the data captured in the Defense 
        Incident-Based Reporting System to ensure the system can provide 
        an accurate count of domestic violence incidents, and any 
        consequent disciplinary action, that are reported throughout the 
        Department of Defense.
            (2) Adequate personnel.--The Secretary of Defense shall 
        develop a plan to ensure that adequate personnel are available 
        to implement recommendations made by the Defense Task Force on 
        Domestic Violence.
            (3) Domestic violence training data for chaplains.--The 
        Secretary of Defense shall develop a plan to collect domestic 
        violence training data for chaplains.
            (4) Oversight framework.--The Secretary of Defense shall 
        develop an oversight framework for Department of Defense 
        domestic violence programs, to include oversight of 
        implementation of recommendations made by the Defense Task Force 
        on Domestic Violence, including budgeting, communication 
        initiatives, and policy compliance.

    (b) Implementation Report.--The Secretary of Defense shall submit to 
the congressional defense committees an implementation report within 90 
days of the completion of actions outlined in subsection (a).

      Subtitle F--Member Education and Training Opportunities and 
                             Administration

SEC. 551. ENHANCEMENTS OF DEPARTMENT OF DEFENSE UNDERGRADUATE 
                        NURSE TRAINING PROGRAM.

    (a) Clarification of Degree Covered by Program.--Subsection (a) of 
section 2016 of title 10, United States Code, is amended by striking ``a 
nursing degree'' and inserting ``a bachelor of science degree in 
nursing''.
    (b) Graduation Rates of Training Programs.--Subsection (b) of such 
section is amended by inserting ``in nursing'' after ``bachelor of 
science degree''.
    (c) Location of Programs.--Subsection (d) of such section is amended 
to read as follows:
    ``(d) Location of Programs.--(1) An academic institution selected to 
operate an undergraduate nurse training program shall establish the 
program at or near a military installation that has a military treatment 
facility designated as a medical center with inpatient capability and 
multiple graduate medical education programs located on the installation 
or within reasonable proximity to the installation.
    ``(2) <<NOTE: Assessment.>>  Before approving a location as the site 
of an undergraduate nurse training program, the Secretary of Defense 
shall conduct an assessment to ensure that the establishment of the 
program at that location will not adversely impact or displace existing 
nurse training programs, either conducted by the Department of Defense 
or by a civilian entity, at the location.''.

    (d) Pilot Program.--

[[Page 124 STAT. 4220]]

            (1) Implementation.--Paragraph (2) of section 525(d) of the 
        National Defense Authorization Act for Fiscal Year 2010 (Public 
        Law 111-84; 123 Stat. 2287; 10 U.S.C. 2016 note) is amended by 
        striking ``July 1, 2011'' and inserting ``December 31, 2011''.
            (2) Graduation rates.--Paragraph (3) of such section is 
        amended--
                    (A) by striking the ``The pilot program shall 
                achieve'' and inserting ``The goal of the pilot program 
                is to achieve''; and
                    (B) by striking ``nurse training program'' and 
                inserting ``nurse training programs''.
SEC. 552. REPAYMENT OF EDUCATION LOAN REPAYMENT BENEFITS.

    (a) Enlisted Members on Active Duty in Specified Military 
Specialties.--Section 2171 of title 10, United States Code, is amended 
by adding at the end the following new subsections:
    ``(g) Except a person described in subsection (e) who transfers to 
service making the person eligible for repayment of loans under section 
16301 of this title, a member of the armed forces who fails to complete 
the period of service required to qualify for loan repayment under this 
section shall be subject to the repayment provisions of section 303a(e) 
of title 37.
    ``(h) The Secretary of Defense may prescribe, by regulations, 
procedures for implementing this section, including standards for 
qualified loans and authorized payees and other terms and conditions for 
making loan repayments. Such regulations may include exceptions that 
would allow for the payment as a lump sum of any loan repayment due to a 
member under a written agreement that existed at the time of a member's 
death or disability.''.
    (b) Members of Selected Reserve.--Section 16301 of such title is 
amended by adding at the end the following new subsections:
    ``(h) Except a person described in subsection (e) who transfers to 
service making the person eligible for repayment of loans under section 
2171 of this title, a member of the armed forces who fails to complete 
the period of service required to qualify for loan repayment under this 
section shall be subject to the repayment provisions of section 303a(e) 
of title 37.
    ``(i) <<NOTE: Regulations. Procedures. Standards.>>  The Secretary 
of Defense may prescribe, by regulations, procedures for implementing 
this section, including standards for qualified loans and authorized 
payees and other terms and conditions for making loan repayments. Such 
regulations may include exceptions that would allow for the payment as a 
lump sum of any loan repayment due to a member under a written agreement 
that existed at the time of a member's death or disability.''.
SEC. 553. PARTICIPATION OF ARMED FORCES HEALTH PROFESSIONS 
                        SCHOLARSHIP AND FINANCIAL ASSISTANCE 
                        PROGRAM RECIPIENTS 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 paragraph:
            ``(4) The person is enrolled in the Armed Forces Health 
        Professions Scholarship and Financial Assistance Program under 
        subchapter I of chapter 105 of this title for a number of years 
        less than is required to complete the normal length of the 
        course of study required for the health profession concerned.''.

[[Page 124 STAT. 4221]]

SEC. 554. ACTIVE DUTY OBLIGATION FOR MILITARY ACADEMY GRADUATES 
                        WHO PARTICIPATE IN THE ARMED FORCES HEALTH 
                        PROFESSIONS SCHOLARSHIP AND FINANCIAL 
                        ASSISTANCE PROGRAM.

    (a) Military Academy Graduates.--Section 4348(a) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
            ``(4) That if an appointment described in paragraph (2) or 
        (3) is tendered and the cadet participates in a program under 
        section 2121 of this title, the cadet will fulfill any unserved 
        obligation incurred under this section on active duty, 
        regardless of the type of appointment held, upon completion of, 
        and in addition to, any service obligation incurred under 
        section 2123 of this title for participation in such program.''.

    (b) Naval Academy Graduates.--Section 6959(a) of such title is 
amended by adding at the end the following new paragraph:
            ``(4) That if an appointment described in paragraph (2) or 
        (3) is tendered and the midshipman participates in a program 
        under section 2121 of this title, the midshipman will fulfill 
        any unserved obligation incurred under this section on active 
        duty, regardless of the type of appointment held, upon 
        completion of, and in addition to, any service obligation 
        incurred under section 2123 of this title for participation in 
        such program.''.

    (c) Air Force Academy Graduates.--Section 9348(a) of such title is 
amended by adding at the end the following new paragraph:
            ``(4) That if an appointment described in paragraph (2) or 
        (3) is tendered and the cadet participates in a program under 
        section 2121 of this title, the cadet will fulfill any unserved 
        obligation incurred under this section on active duty, 
        regardless of the type of appointment held, upon completion of, 
        and in addition to, any service obligation incurred under 
        section 2123 of this title for participation in such program.''.

                Subtitle G--Defense Dependents' Education

SEC. 561. ENROLLMENT OF DEPENDENTS OF MEMBERS OF THE ARMED FORCES 
                        WHO RESIDE IN TEMPORARY HOUSING IN 
                        DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT 
                        ELEMENTARY AND SECONDARY SCHOOLS.

    Section 2164(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3)(A) Under the circumstances described in subparagraph (B), the 
Secretary may, at the discretion of the Secretary, permit a dependent of 
a member of the armed forces to enroll in an educational program 
provided by the Secretary pursuant to this subsection without regard to 
the requirement in paragraph (1) with respect to residence on a military 
installation.
    ``(B) <<NOTE: Applicability.>>  Subparagraph (A) applies only if--
            ``(i) the dependents reside in temporary housing (regardless 
        of whether the temporary housing is on Federal property)--
                    ``(I) because of the unavailability of adequate 
                permanent living quarters on the military installation 
                to which the member is assigned; or

[[Page 124 STAT. 4222]]

                    ``(II) while the member is wounded, ill, or injured; 
                and
            ``(ii) the Secretary determines that the circumstances of 
        such living arrangements justify extending the enrollment 
        authority to include the dependents.''.
SEC. 562. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL 
                        AGENCIES THAT BENEFIT DEPENDENTS OF 
                        MEMBERS OF THE ARMED FORCES AND DEPARTMENT 
                        OF DEFENSE CIVILIAN EMPLOYEES.

    (a) Assistance to Schools With Significant Numbers of Military 
Dependent Students.--Of the amount authorized to be appropriated for 
fiscal year 2011 pursuant to section 301(5) for operation and 
maintenance for Defense-wide activities, $30,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (a) of section 572 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 
7703b).
    (b) Assistance to Schools With Enrollment Changes Due to Base 
Closures, Force Structure Changes, or Force Relocations.--Of the amount 
authorized to be appropriated for fiscal year 2011 pursuant to section 
301(5) for operation and maintenance for Defense-wide activities, 
$10,000,000 shall be available only for the purpose of providing 
assistance to local educational agencies under subsection (b) of section 
572 of the National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109-163; 20 U.S.C. 7703b).
    (c) Local Educational Agency Defined.--In this section, the term 
``local educational agency'' has the meaning given that term in section 
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)).
SEC. 563. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

    Of the amount authorized to be appropriated for fiscal year 2011 
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $10,000,000 shall be available for payments under 
section 363 of the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 
Stat. 1654A-77; 20 U.S.C. 7703a).

                   Subtitle H--Decorations and Awards

SEC. 571. CLARIFICATION OF PERSONS ELIGIBLE FOR AWARD OF BRONZE 
                        STAR MEDAL.

    (a) Limitation on Eligible Persons.--Section 1133 of title 10, 
United States Code, is amended to read as follows:
``Sec. 1133. Bronze Star: limitation on persons eligible to 
                  receive

    ``The decoration known as the `Bronze Star' may only be awarded to a 
member of a military force who--
            ``(1) at the time of the events for which the decoration is 
        to be awarded, was serving in a geographic area in which special 
        pay is authorized under section 310 or paragraph (1) or (3) of 
        section 351(a) of title 37; or
            ``(2) receives special pay under section 310 or paragraph 
        (1) or (3) of section 351(a) of title 37 as a result of those 
        events.''.

[[Page 124 STAT. 4223]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 57 of such title is amended by striking the item relating to 
section 1133 and inserting the following new item:

``1133. Bronze Star: limitation on persons eligible to receive.''.

    (c) <<NOTE: 10 USC 1133 note.>>  Application of Amendment.--The 
amendment made by subsection (a) applies to the award of the Bronze Star 
after October 30, 2000.
SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
                        SERVICE CROSS TO SHINYEI MATAYOSHI FOR 
                        ACTS OF VALOR DURING WORLD WAR II.

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons who 
served in the Armed Forces, the Secretary of the Army is authorized and 
requested to award the Distinguished-Service Cross under section 3742 of 
that title to Shinyei Matayoshi for the acts of valor referred to in 
subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of Tech Sergeant Shinyei Matayoshi on 
April 7, 1945, as a member of Company G, 2d Battalion, 442d Regimental 
Combat Team during World War II.
SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-
                        SERVICE CROSS TO JAY C. COPLEY FOR ACTS OF 
                        VALOR DURING THE VIETNAM WAR.

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons who 
served in the Armed Forces, the Secretary of the Army is authorized and 
requested to award the Distinguished-Service Cross under section 3742 of 
such title to former Captain Jay C. Copley of the United States Army for 
the acts of valor during the Vietnam War described in subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of then Captain Jay C. Copley on May 5, 
1968, as commander of Company C of the 1st Battalion, 50th Infantry, 
attached to the 173d Airborne Brigade during an engagement with a 
regimental-size enemy force in Bin Dinh Province, South Vietnam.
SEC. 574. <<NOTE: 10 USC 113 note.>>  PROGRAM TO COMMEMORATE 60TH 
                        ANNIVERSARY OF THE KOREAN WAR.

    (a) Commemorative Program Authorized.--The Secretary of Defense may 
establish and conduct a program to commemorate the 60th anniversary of 
the Korean War (in this section referred to as the ``commemorative 
program''). In conducting the commemorative program, the Secretary of 
Defense shall coordinate and support other programs and activities of 
the Federal Government, State and local governments, and other persons 
and organizations in commemoration of the Korean War.
    (b) <<NOTE: Determination.>>  Schedule.--If the Secretary of Defense 
establishes the commemorative program, the Secretary shall determine the 
schedule of major events and priority of efforts for the commemorative 
program to achieve the commemorative objectives specified

[[Page 124 STAT. 4224]]

in subsection (c). The Secretary of Defense may establish a committee to 
assist the Secretary in determining the schedule and conducting the 
commemorative program.

    (c) Commemorative Activities and Objectives.--The commemorative 
program may include activities and ceremonies to achieve the following 
objectives:
            (1) To thank and honor veterans of the Korean War, including 
        members of the Armed Forces who were held as prisoners of war or 
        listed as missing in action, for their service and sacrifice on 
        behalf of the United States.
            (2) To thank and honor the families of veterans of the 
        Korean War for their sacrifices and contributions, especially 
        families who lost a loved one in the Korean War.
            (3) To highlight the service of the Armed Forces during the 
        Korean War and the contributions of Federal agencies and 
        governmental and non-governmental organizations that served 
        with, or in support of, the Armed Forces.
            (4) To pay tribute to the sacrifices and contributions made 
        on the home front by the people of the United States during the 
        Korean War.
            (5) To provide the people of the United States with a clear 
        understanding and appreciation of the lessons and history of the 
        Korean War.
            (6) To highlight the advances in technology, science, and 
        medicine related to military research conducted during the 
        Korean War.
            (7) To recognize the contributions and sacrifices made by 
        the allies of the United States during the Korean War.

    (d) Use of The United States of America Korean War Commemoration and 
Symbols.--Subsection (c) <<NOTE: Applicability.>>  of section 1083 of 
the National Defense Authorization Act for Fiscal Year 1998 (Public Law 
105-85; 111 Stat. 1918), as amended by section 1067 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 2134) and section 1052 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 
764), shall apply to the commemorative program.

    (e) Commemorative Fund.--
            (1) Establishment of new account.--If the Secretary of 
        Defense establishes the commemorative program, the Secretary the 
        Treasury shall establish in the Treasury of the United States an 
        account to be known as the ``Department of Defense Korean War 
        Commemoration Fund'' (in this section referred to as the 
        ``Fund'').
            (2) Administration and use of fund.--The Fund shall be 
        available to, and administered by, the Secretary of Defense. The 
        Secretary of Defense <<NOTE: Regulations.>>  shall use the 
        assets of the Fund only for the purpose of conducting the 
        commemorative program and shall prescribe such regulations 
        regarding the use of the Fund as the Secretary of Defense 
        considers to be necessary.
            (3) Deposits.--There shall be deposited into the Fund the 
        following:
                    (A) Amounts appropriated to the Fund.
                    (B) Proceeds derived from the use by the Secretary 
                of Defense of the exclusive rights described in 
                subsection (c) of section 1083 of the National Defense 
                Authorization

[[Page 124 STAT. 4225]]

                Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 
                1918).
                    (C) Donations made in support of the commemorative 
                program by private and corporate donors.
            (4) Availability.--Subject to paragraph (5), amounts in the 
        Fund shall remain available until expended.
            (5) Treatment of unobligated funds; transfer.--If 
        unobligated amounts remain in the Fund as of September 30, 2013, 
        the Secretary of the Treasury shall transfer the remaining 
        amounts to the Department of Defense Vietnam War Commemorative 
        Fund established pursuant to section 598(e) of the National 
        Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
        181; 10 U.S.C. 113 note). The transferred amounts shall be 
        merged with, and available for the same purposes as, other 
        amounts in the Department of Defense Vietnam War Commemorative 
        Fund.

    (f) Acceptance of Voluntary Services.--
            (1) Authority to accept services.--Notwithstanding section 
        1342 of title 31, United States Code, the Secretary of Defense 
        may accept from any person voluntary services to be provided in 
        furtherance of the commemorative program. The Secretary of 
        Defense shall prohibit the solicitation of any voluntary 
        services if the nature or circumstances of such solicitation 
        would compromise the integrity or the appearance of integrity of 
        any program of the Department of Defense or of any individual 
        involved in the program.
            (2) Compensation for work-related injury.--A person 
        providing voluntary services under this subsection shall be 
        considered to be a Federal employee for purposes of chapter 81 
        of title 5, United States Code, relating to compensation for 
        work-related injuries. The person shall also be considered a 
        special governmental employee for purposes of standards of 
        conduct and sections 202, 203, 205, 207, 208, and 209 of title 
        18, United States Code. A person who is not otherwise employed 
        by the Federal Government shall not be considered to be a 
        Federal employee for any other purpose by reason of the 
        provision of voluntary services under this subsection.
            (3) Reimbursement of incidental expenses.--The Secretary of 
        Defense may provide for reimbursement of incidental expenses 
        incurred by a person providing voluntary services under this 
        subsection. <<NOTE: Determination.>>  The Secretary of Defense 
        shall determine which expenses are eligible for reimbursement 
        under this paragraph.

    (g) Report Required.--If the Secretary of Defense conducts the 
commemorative program, the Inspector General of the Department of 
Defense shall submit to Congress, not later than 60 days after the end 
of the commemorative program, a report containing an accounting of--
            (1) all of the funds deposited into and expended from the 
        Fund;
            (2) any other funds expended under this section; and
            (3) any unobligated funds remaining in the Fund as of 
        September 30, 2013, that are transferred to the Department of 
        Defense Vietnam War Commemorative Fund pursuant to subsection 
        (e)(5).

    (h) Limitation on Expenditures.--Using amounts appropriated to the 
Department of Defense, the Secretary of Defense

[[Page 124 STAT. 4226]]

may not expend more than $5,000,000 to carry out the commemorative 
program.

              Subtitle I--Military Family Readiness Matters

SEC. 581. APPOINTMENT OF ADDITIONAL MEMBERS OF DEPARTMENT OF 
                        DEFENSE MILITARY FAMILY READINESS COUNCIL.

    (a) Inclusion of Spouse of General or Flag Officer.--Subsection (b) 
of section 1781a of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (B) by inserting after subparagraph (D) the 
                following new subparagraph:
            ``(E) The spouse of a general or flag officer.''; and
            (2) in paragraph (2), by striking ``subparagraphs (C) and 
        (D)'' and inserting ``subparagraphs (C), (D), and (E)''.

    (b) Inclusion of Director of Office of Community Support for 
Military Families With Special Needs.--Subsection (b)(1) of such section 
is further amended by adding at the end the following new subparagraph:
            ``(G) The Director of the Office of Community Support for 
        Military Families With Special Needs.''.

    (c) Clarification of Appointment Options for Existing Member.--
Subparagraph (F) of subsection (b)(1) of such section, as redesignated 
by subsection (a)(1)(A), is amended to read as follows:
            ``(F) In addition to the representatives appointed under 
        subparagraphs (B) and (C), the senior enlisted advisor, or the 
        spouse of a senior enlisted member, from each of the Army, Navy, 
        Marine Corps, and Air Force.''.

    (d) Appointment by Secretary of Defense.--Subsection (b) of such 
section is further amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``, who shall 
                be appointed by the Secretary of Defense'';
                    (B) in subparagraph (C), by striking ``, who shall 
                be appointed by the Secretary of Defense'' both places 
                it appears; and
                    (C) in subparagraph (D), by striking ``by the 
                Secretary of Defense''; and
            (2) by adding at the end the following new paragraph:

    ``(3) The Secretary of Defense shall appoint the members of the 
Council required by subparagraphs (B) through (F) of paragraph (1).''.
SEC. 582. ENHANCEMENT OF COMMUNITY SUPPORT FOR MILITARY FAMILIES 
                        WITH SPECIAL NEEDS.

    (a) Director of the Office of Community Support for Military 
Families With Special Needs.--Subsection (c) of section 1781c of title 
10, United States Code, is amended to read as follows:
    ``(c) Director.--(1) The head of the Office shall be the Director of 
the Office of Community Support for Military Families With

[[Page 124 STAT. 4227]]

Special Needs, who shall be a member of the Senior Executive Service or 
a general officer or flag officer.
    ``(2) In the discharge of the responsibilities of the Office, the 
Director shall be subject to the supervision, direction, and control of 
the Under Secretary of Defense for Personnel and Readiness.''.
    (b) Additional Responsibility for Office.--Subsection (d) of such 
section <<NOTE: 10 USC 1781c.>>  is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new 
        paragraph (7):
            ``(7) To conduct periodic reviews of best practices in the 
        United States in the provision of medical and educational 
        services for children with special needs.''.

    (c) Enhancement of Support.--Section 563 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2304) <<NOTE: 10 USC 1781c.>>  is amended--
            (1) by redesignating subsection (c) as subsection (e); and
            (2) <<NOTE: 10 USC 1781c note.>>  by inserting after 
        subsection (b) the following new subsections:

    ``(c) Military Department Support for Local Centers to Assist 
Military Children With Special Needs.--The Secretary of a military 
department may establish or support centers on or in the vicinity of 
military installations under the jurisdiction of such Secretary to 
coordinate and provide medical and educational services for children 
with special needs of members of the Armed Forces who are assigned to 
such installations.
    ``(d) Advisory Panel on Community Support for Military Families With 
Special Needs.--
            ``(1) <<NOTE: Deadline.>>  Establishment.--Not later than 90 
        days after the date of the enactment of this subsection, the 
        Secretary of Defense shall establish an advisory panel on 
        community support for military families with special needs.
            ``(2) Members.--The advisory panel shall consist of seven 
        individuals who are a member of a military family with special 
        needs. The Secretary <<NOTE: Appointment.>>  of Defense shall 
        appoint the members of the advisory panel.
            ``(3) Duties.--The advisory panel shall--
                    ``(A) provide informed advice to the Director of the 
                Office of Community Support for Military Families With 
                Special Needs on the implementation of the policy 
                required by subsection (e) of section 1781c of title 10, 
                United States Code, and on the discharge of the programs 
                required by subsection (f) of such section;
                    ``(B) assess and provide information to the Director 
                on services and support for children with special needs 
                that is available from other departments and agencies of 
                the Federal Government and from State and local 
                governments; and
                    ``(C) otherwise advise and assist the Director in 
                the discharge of the duties of the Office of Community 
                Support for Military Families With Special Needs in such 
                manner as the Secretary of Defense and the Director 
                jointly determine appropriate.
            ``(4) Meetings.--The Director shall meet with the advisory 
        panel at such times, and with such frequency, as the Director 
        considers appropriate. <<NOTE: Deadline.>>  The Director shall 
        meet with the panel

[[Page 124 STAT. 4228]]

        at least once each year. The Director may meet with the panel 
        through teleconferencing or by other electronic means.''.
SEC. 583. MODIFICATION OF YELLOW RIBBON REINTEGRATION PROGRAM.

    (a) Office for Reintegration Programs.--Subsection (d)(1) of section 
582 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 10 U.S.C. 10101 note) is amended--
            (1) by striking ``The Under'' and inserting the following:
                    ``(A) In general.--The Under''; and
            (2) in the last sentence--
                    (A) by striking ``The office may also'' and 
                inserting the following:
                    ``(B) Partnerships and access.--The office may'';
                    (B) by inserting ``and the Department of Veterans 
                Affairs'' after ``Administration''; and
                    (C) by adding at the end the following new sentence: 
                ``Service and State-based programs may provide access to 
                curriculum, training, and support for services to 
                members and families from all components.''.

    (b) Center for Excellence in Reintegration.--Subsection (d)(2) of 
such section is amended by adding at the end the following new sentence: 
``The Center shall develop and implement a process for evaluating the 
effectiveness of the Yellow Ribbon Reintegration Program in supporting 
the health and well-being of members of the Armed Forces and their 
families throughout the deployment cycle described in subsection (g).''.
    (c) State Deployment Cycle Support Teams.--Subsection (f)(3) of such 
section is amended by inserting ``and community-based organizations'' 
after ``service providers''.
    (d) Operation of Program During Deployment and Post-deployment-
reconstitution Phases.--Subsection (g) of such section is amended--
            (1) in paragraph (3), by inserting ``and to decrease the 
        isolation of families during deployment'' after ``combat zone''; 
        and
            (2) in paragraph (5)(A), by inserting ``, providing 
        information on employment opportunities,'' after 
        ``communities''.

    (e) Additional Outreach Service.--Subsection (h) of such section, as 
amended by section 595(1) of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2338), is amended by 
adding at the end the following new paragraph:
            ``(15) Resiliency training to promote comprehensive programs 
        for members of the Armed Forces to build mental and emotional 
        resiliency for successfully meeting the demands of the 
        deployment cycle.''.
SEC. 584. EXPANSION AND CONTINUATION OF JOINT FAMILY SUPPORT 
                        ASSISTANCE PROGRAM.

    Section 675 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 119 Stat. 2273; 10 U.S.C. 1781 
note) is amended--
            (1) in subsection (b)--
                    (A) by striking ``not more than'' and inserting 
                ``not less than''; and
                    (B) by striking ``Up to'' and inserting ``At 
                least''; and

[[Page 124 STAT. 4229]]

            (2) in subsection (h), by striking ``at the end of the 
        three-year period beginning on the date on which funds are first 
        obligated for the program'' and inserting ``on December 31, 
        2012''.
SEC. 585. REPORT ON MILITARY SPOUSE EDUCATION PROGRAMS.

    (a) Review Required.--The Secretary of Defense shall carry out a 
review of all education programs of the Department of Defense and 
Department of Veterans Affairs designed to support spouses of members of 
the Armed Forces.
    (b) Elements of Review.--At a minimum, the review shall evaluate the 
following:
            (1) All education programs of the Department of Defense and 
        Department of Veterans Affairs that are in place to advance 
        educational opportunities for military spouses.
            (2) The efficacy and effectiveness of such education 
        programs.
            (3) The extent to which the availability of educational 
        opportunities for military spouses influences the decisions of 
        members to remain in the Armed Forces.
            (4) A comparison of the costs associated with providing 
        military spouse education opportunities as an incentive to 
        retain members rather than recruiting or training new members.

    (c) Submission of Results.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report containing--
            (1) the results of the review; and
            (2) such recommendations as the Secretary considers 
        necessary for improving military spouse education programs.

    (d) Consultation.--In conducting the review and preparing the 
report, the Secretary of Defense shall consult with the Secretary of 
Veterans Affairs regarding education programs of Department of Veterans 
Affairs assisting spouses of members of the Armed Forces.
SEC. 586. REPORT ON ENHANCING BENEFITS AVAILABLE FOR MILITARY 
                        DEPENDENT CHILDREN WITH SPECIAL EDUCATION 
                        NEEDS.

    (a) Report Required.--Not later than September 30, 2011, the 
Secretary of the Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report describing 
the needs of military families with children with special education 
needs and evaluating options to enhance the benefits available to such 
families and children under the Individuals with Disabilities Education 
Act (20 U.S.C. 1400 et seq.) in meeting such needs.
    (b) Consultation.--The Secretary of Defense shall prepare the report 
in consultation with the Secretary of Education.
    (c) Elements.--In preparing the report, the Secretary of Defense 
shall--
            (1) identify and assess obstacles faced by military families 
        with children with special education needs in obtaining a free 
        appropriate public education to address such needs;
            (2) identify and assess evidence-based research and best 
        practices for providing special education and related services 
        (as those terms are defined in section 602 of the Individuals

[[Page 124 STAT. 4230]]

        with Disabilities Education Act (20 U.S.C. 1401)) for military 
        children with special education needs;
            (3) assess timeliness in obtaining special education and 
        related services described in paragraph (2);
            (4) determine and document the cost associated with 
        obtaining special education and related services described in 
        paragraph (2);
            (5) assess the feasibility of establishing an individualized 
        education program for military children with special education 
        needs that is applicable across jurisdictions of local 
        educational agencies in order to achieve reciprocity among 
        States in acknowledging such programs;
            (6) identify means of improving oversight and compliance 
        with the requirements of section 614 of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1414) relating to a local 
        educational agency supporting an existing individualized 
        education program for a child with special education needs who 
        is relocating to another State pursuant to the permanent change 
        of station of a military parent until an individualized 
        education program is developed and approved for such child in 
        the State to which the child relocates;
            (7) assess the feasibility of establishing an expedited 
        process for resolution of complaints by military parents with a 
        child with special education needs about lack of access to 
        education and related services otherwise specified in the 
        individualized education program of the child;
            (8) assess the feasibility of permitting the Department of 
        Defense to contact the State to which a military family with a 
        child with special education needs will relocate pursuant to a 
        permanent change of station when the orders for such change of 
        station are issued, but before the family takes residence in 
        such State, for the purpose of commencing preparation for 
        education and related services specified in the individualized 
        education program of the child;
            (9) assess the feasibility of establishing a system within 
        the Department of Defense to document complaints by military 
        parents regarding access to free and appropriate public 
        education for their children with special education needs;
            (10) identify means to strengthen the monitoring and 
        oversight of special education and related services for military 
        children with special education needs under the Interstate 
        Compact on Educational Opportunities for Military Children; and
            (11) consider such other matters as the Secretary of Defense 
        and the Secretary of Education jointly consider appropriate.
SEC. 587. <<NOTE: 10 USC 1791 note.>>  REPORTS ON CHILD 
                        DEVELOPMENT CENTERS AND FINANCIAL 
                        ASSISTANCE FOR CHILD CARE FOR MEMBERS OF 
                        THE ARMED FORCES.

    (a) Reports Required.--Not later than six months after the date of 
the enactment of this Act, and every two years thereafter, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on Department of 
Defense child development centers and financial assistance for child 
care provided by the Department of Defense off-installation to members 
of the Armed Forces.
    (b) Elements.--Each report required by subsection (a) shall include 
the following, current as of the date of such report:

[[Page 124 STAT. 4231]]

            (1) The number of child development centers currently 
        located on military installations.
            (2) The number of dependents of members of the Armed Forces 
        utilizing such child development centers.
            (3) The number of dependents of members of the Armed Forces 
        that are unable to utilize such child development centers due to 
        capacity limitations.
            (4) The types of financial assistance available for child 
        care provided by the Department of Defense off-installation to 
        members of the Armed Forces (including eligible members of the 
        reserve components).
            (5) The extent to which members of the Armed Forces are 
        utilizing such financial assistance for child care off-
        installation.
            (6) The methods by which the Department of Defense reaches 
        out to eligible military families to increase awareness of the 
        availability of such financial assistance.
            (7) The formulas used to calculate the amount of such 
        financial assistance provided to members of the Armed Forces.
            (8) The funding available for such financial assistance in 
        the Department of Defense and in the military departments.
            (9) The barriers to access, if any, to such financial 
        assistance faced by members of the Armed Forces, including 
        whether standards and criteria of the Department of Defense for 
        child care off-installation may affect access to child care.
            (10) Any other matters the Secretary considers appropriate 
        in connection with such report, including with respect to the 
        enhancement of access to Department of Defense child care 
        development centers and financial assistance for child care off-
        installation for members of the Armed Forces.

                        Subtitle J--Other Matters

SEC. 591. AUTHORITY FOR MEMBERS OF THE ARMED FORCES AND DEPARTMENT 
                        OF DEFENSE AND COAST GUARD CIVILIAN 
                        EMPLOYEES AND THEIR FAMILIES TO ACCEPT 
                        GIFTS FROM NON-FEDERAL ENTITIES.

    (a) Codification and Expansion of Existing Authority to Cover 
Additional Members and Employees.--Chapter 155 of title 10, United 
States Code, is amended by inserting after section 2601 the following 
new section:
``Sec. 2601a. Direct acceptance of gifts by members of the armed 
                    forces and Department of Defense and Coast 
                    Guard employees and their families

    ``(a) Regulations Governing Acceptance of Gifts.--(1) The Secretary 
of Defense (and the Secretary of Homeland Security in the case of the 
Coast Guard) shall issue regulations to provide that, subject to such 
limitations as may be specified in such regulations, the following 
individuals may accept gifts from nonprofit organizations, private 
parties, and other sources outside the Department of Defense or the 
Department of Homeland Security:
            ``(A) A member of the armed forces described in subsection 
        (b).
            ``(B) A civilian employee of the Department of Defense or 
        Coast Guard described in subsection (c).

[[Page 124 STAT. 4232]]

            ``(C) The family members of such a member or employee.
            ``(D) Survivors of such a member or employee who is killed.

    ``(2) The regulations required by this subsection shall--
            ``(A) <<NOTE: Applicability.>>  apply uniformly to all 
        elements of the Department of Defense and, to the maximum extent 
        feasible, to the Coast Guard; and
            ``(B) require review and approval by a designated agency 
        ethics official before acceptance of a gift to ensure that 
        acceptance of the gift complies with the Joint Ethics 
        Regulation.

    ``(b) <<NOTE: Applicability.>>  Covered Members.--This section 
applies to a member of the armed forces who, while performing active 
duty, full-time National Guard duty, or inactive-duty training on or 
after September 11, 2001, incurred an injury or illness--
            ``(1) as described in section 1413a(e)(2) of this title; or
            ``(2) under other circumstances determined by the Secretary 
        concerned to warrant treatment analogous to members covered by 
        paragraph (1).

    ``(c) <<NOTE: Applicability.>>  Covered Employees.--This section 
applies to a civilian employee of the Department of Defense or Coast 
Guard who, while an employee on or after September 11, 2001, incurred an 
injury or illness under a circumstance described in paragraph (1) or (2) 
of subsection (c).

    ``(d) Gifts From Certain Sources Prohibited.--The regulations issued 
under subsection (a) may not authorize the acceptance of a gift from a 
foreign government or international organization or their agents.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2601 the following new item:

``2601a. Direct acceptance of gifts by members of the armed forces and 
           Department of Defense and Coast Guard employees and their 
           families.''.

SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS 
                        AUTHORIZED FOR ADMISSION TO NATIONAL 
                        DEFENSE UNIVERSITY.

    Section 2167(a) of title 10, United States Code, is amended by 
striking ``20 full-time student positions'' and inserting ``35 full-time 
student positions''.
SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO ATTEND UNITED 
                        STATES AIR FORCE INSTITUTE OF TECHNOLOGY.

    (a) Admission Authority.--Chapter 901 of title 10, United States 
Code, is amended by inserting after section 9314 the following new 
section:
``Sec. 9314a. United States Air Force Institute of Technology: 
                    admission of defense industry civilians

    ``(a) Admission Authorized.--(1) The Secretary of the Air Force may 
permit defense industry employees described in subsection (b) to receive 
instruction at the United States Air Force Institute of Technology in 
accordance with this section. Any such defense industry employee may be 
enrolled in, and may be provided instruction in, a program leading to a 
graduate degree in a defense focused curriculum related to aeronautics 
and astronautics, electrical and computer engineering, engineering 
physics, mathematics and statistics, operational sciences, or systems 
and engineering management.

[[Page 124 STAT. 4233]]

    ``(2) No more than 125 defense industry employees may be enrolled at 
the United States Air Force Institute of Technology at any one time 
under the authority of paragraph (1).
    ``(3) Upon successful completion of the course of instruction at the 
United States Air Force Institute of Technology in which a defense 
industry employee is enrolled, the defense industry employee may be 
awarded an appropriate degree under section 9314 of this title.
    ``(b) Eligible Defense Industry Employees.--For purposes of this 
section, an eligible defense industry employee is an individual employed 
by a private firm that is engaged in providing to the Department of 
Defense significant and substantial defense-related systems, products, 
or services. A defense industry employee admitted for instruction at the 
United States Air Force Institute of Technology remains eligible for 
such instruction only so long at that person remains employed by the 
same firm.
    ``(c) Annual Determination by the Secretary of the Air Force.--
Defense industry employees may receive instruction at the United States 
Air Force Institute of Technology during any academic year only if, 
before the start of that academic year, the Secretary of the Air Force, 
or the designee of the Secretary, determines that providing instruction 
to defense industry employees under this section during that year--
            ``(1) will further the military mission of the United States 
        Air Force Institute of Technology; and
            ``(2) will be done on a space-available basis and not 
        require an increase in the size of the faculty of the school, an 
        increase in the course offerings of the school, or an increase 
        in the laboratory facilities or other infrastructure of the 
        school.

    ``(d) Program Requirements.--The Secretary of the Air Force shall 
ensure that--
            ``(1) the curriculum in which defense industry employees may 
        be enrolled under this section is not readily available through 
        other schools and concentrates on the areas of focus specified 
        in subsection (a)(1) that are conducted by military 
        organizations and defense contractors working in close 
        cooperation; and
            ``(2) the course offerings at the United States Air Force 
        Institute of Technology continue to be determined solely by the 
        needs of the Department of Defense.

    ``(e) Tuition.--(1) The United States Air Force Institute of 
Technology shall charge tuition for students enrolled under this section 
at a rate not less than the rate charged for employees of the United 
States outside the Department of the Air Force.
    ``(2) Amounts received by the United States Air Force Institute of 
Technology for instruction of students enrolled under this section shall 
be retained by the school to defray the costs of such instruction. The 
source, and the disposition, of such funds shall be specifically 
identified in records of the school.
    ``(f) Standards of Conduct.--While receiving instruction at the 
United States Air Force Institute of Technology, defense industry 
employees enrolled under this section, to the extent practicable, are 
subject to the same regulations governing academic performance, 
attendance, norms of behavior, and enrollment as apply to Government 
civilian employees receiving instruction at the school.''.

[[Page 124 STAT. 4234]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
9314 the following new item:

``9314a. United States Air Force Institute of Technology: admission of 
           defense industry civilians.''.

SEC. 594. UPDATED TERMINOLOGY FOR ARMY MEDICAL SERVICE CORPS.

    Paragraph (5) of section 3068 of title 10, United States Code, is 
amended--
            (1) in subparagraph (A), by striking ``Pharmacy, Supply, and 
        Administration'' and inserting ``Administrative Health 
        Services'';
            (2) in subparagraph (C), by striking ``Sanitary 
        Engineering'' and inserting ``Preventive Medicine Sciences''; 
        and
            (3) in subparagraph (D), by striking ``Optometry'' and 
        inserting ``Clinical Health Sciences''.
SEC. 595. DATE FOR SUBMISSION OF ANNUAL REPORT ON DEPARTMENT OF 
                        DEFENSE STARBASE PROGRAM.

    Section 2193b(g) of title 10, United States Code, is amended by 
striking ``90 days after the end of each fiscal year'' and inserting 
``March 31 of each year''.
SEC. 596. EXTENSION OF DEADLINE FOR SUBMISSION OF FINAL REPORT OF 
                        MILITARY LEADERSHIP DIVERSITY COMMISSION.

    Section 596(e)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4478) is amended by striking ``12 months'' and inserting ``18 months''.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Ineligibility of certain Federal civilian employees for 
           Reservist income replacement payments on account of 
           availability of comparable benefits under another program.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
           authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
           authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
           nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 
           consolidated special pay, incentive pay, and bonus 
           authorities.
Sec. 615. One-year extension of authorities relating to payment of other 
           title 37 bonuses and special pays.
Sec. 616. One-year extension of authorities relating to payment of 
           referral bonuses.

            Subtitle C--Travel and Transportation Allowances

Sec. 621. Extension of authority to provide travel and transportation 
           allowances for inactive duty training outside of normal 
           commuting distances.
Sec. 622. Travel and transportation allowances for attendance at Yellow 
           Ribbon Reintegration events.

[[Page 124 STAT. 4235]]

        Subtitle D--Disability, Retired Pay and Survivor Benefits

Sec. 631. Elimination of cap on retired pay multiplier for members with 
           greater than 30 years of service who retire for disability.
Sec. 632. Payment date for retired and retainer pay.
Sec. 633. Clarification of effect of ordering reserve component member 
           to active duty to receive authorized medical care on reducing 
           eligibility age for receipt of non-regular service retired 
           pay.
Sec. 634. Conformity of special compensation for members with injuries 
           or illnesses requiring assistance in everyday living with 
           monthly personal caregiver stipend under Department of 
           Veterans Affairs program of comprehensive assistance for 
           family caregivers.
Sec. 635. Sense of Congress concerning age and service requirements for 
           retired pay for non-regular service.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

Sec. 641. Addition of definition of morale, welfare, and recreation 
           telephone services for use in contracts to provide such 
           services for military personnel serving in combat zones.
Sec. 642. Feasibility study on establishment of full exchange store in 
           the Northern Mariana Islands.
Sec. 643. Continuation of commissary and exchange operations at 
           Brunswick Naval Air Station, Maine.

                        Subtitle F--Other Matters

Sec. 651. Report on basic allowance for housing for personnel assigned 
           to sea duty.
Sec. 652. Report on savings from enhanced management of special pay for 
           aviation career officers extending period of active duty.

                     Subtitle A--Pay and Allowances

SEC. 601. INELIGIBILITY OF CERTAIN FEDERAL CIVILIAN EMPLOYEES FOR 
                        RESERVIST INCOME REPLACEMENT PAYMENTS ON 
                        ACCOUNT OF AVAILABILITY OF COMPARABLE 
                        BENEFITS UNDER ANOTHER PROGRAM.

    (a) Ineligibility for Payments.--Section 910(b) of title 37, United 
States Code, is amended by adding at the end the following new 
paragraph:
    ``(3) A civilian employee of the Federal Government who is also a 
member of a reserve component is not entitled to a payment under this 
section for any period for which the employee is entitled to--
            ``(A) a differential payment under section 5538 of title 5; 
        or
            ``(B) a comparable benefit under an administratively 
        established program for civilian employees absent from a 
        position of employment with the Federal Government in order to 
        perform active duty in the uniformed services.''.

    (b) <<NOTE: 37 USC 910 note.>>  Effective Date.--Subsection (b)(3) 
of section 910 of title 37, United States Code, as added by subsection 
(a), shall apply with respect to payments under such section for months 
beginning on or after the date of the enactment of this Act.

[[Page 124 STAT. 4236]]

           Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                        AUTHORITIES FOR RESERVE FORCES.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
            (1) Section 308b(g), relating to Selected Reserve 
        reenlistment bonus.
            (2) Section 308c(i), relating to Selected Reserve 
        affiliation or enlistment bonus.
            (3) Section 308d(c), relating to special pay for enlisted 
        members assigned to certain high-priority units.
            (4) Section 308g(f)(2), relating to Ready Reserve enlistment 
        bonus for persons without prior service.
            (5) Section 308h(e), relating to Ready Reserve enlistment 
        and reenlistment bonus for persons with prior service.
            (6) Section 308i(f), relating to Selected Reserve enlistment 
        and reenlistment bonus for persons with prior service.
            (7) Section 910(g), relating to income replacement payments 
        for reserve component members experiencing extended and frequent 
        mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                        AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

    (a) Title 10 Authorities.--The following sections of title 10, 
United States Code, are amended by striking ``December 31, 2010'' and 
inserting ``December 31, 2011'':
            (1) Section 2130a(a)(1), relating to nurse officer candidate 
        accession program.
            (2) Section 16302(d), relating to repayment of education 
        loans for certain health professionals who serve in the Selected 
        Reserve.

    (b) Title 37 Authorities.--The following sections of title 37, 
United States Code, are amended by striking ``December 31, 2010'' and 
inserting ``December 31, 2011'':
            (1) Section 302c-1(f), relating to accession and retention 
        bonuses for psychologists.
            (2) Section 302d(a)(1), relating to accession bonus for 
        registered nurses.
            (3) Section 302e(a)(1), relating to incentive special pay 
        for nurse anesthetists.
            (4) Section 302g(e), relating to special pay for Selected 
        Reserve health professionals in critically short wartime 
        specialties.
            (5) Section 302h(a)(1), relating to accession bonus for 
        dental officers.
            (6) Section 302j(a), relating to accession bonus for 
        pharmacy officers.
            (7) Section 302k(f), relating to accession bonus for medical 
        officers in critically short wartime specialties.
            (8) Section 302l(g), relating to accession bonus for dental 
        specialist officers in critically short wartime specialties.

[[Page 124 STAT. 4237]]

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES 
                        FOR NUCLEAR OFFICERS.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
            (1) Section 312(f), relating to special pay for nuclear-
        qualified officers extending period of active service.
            (2) Section 312b(c), relating to nuclear career accession 
        bonus.
            (3) Section 312c(d), relating to nuclear career annual 
        incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37 
                        CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, 
                        AND BONUS AUTHORITIES.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
            (1) Section 331(h), relating to general bonus authority for 
        enlisted members.
            (2) Section 332(g), relating to general bonus authority for 
        officers.
            (3) Section 333(i), relating to special bonus and incentive 
        pay authorities for nuclear officers.
            (4) Section 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.
            (5) Section 335(k), relating to special bonus and incentive 
        pay authorities for officers in health professions.
            (6) Section 351(h), relating to hazardous duty pay.
            (7) Section 352(g), relating to assignment pay or special 
        duty pay.
            (8) Section 353(i), relating to skill incentive pay or 
        proficiency bonus.
            (9) Section 355(h), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
                        OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

    The following sections of title 37, United States Code, are amended 
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
            (1) Section 301b(a), relating to aviation officer retention 
        bonus.
            (2) Section 307a(g), relating to assignment incentive pay.
            (3) Section 308(g), relating to reenlistment bonus for 
        active members.
            (4) Section 309(e), relating to enlistment bonus.
            (5) Section 324(g), relating to accession bonus for new 
        officers in critical skills.
            (6) Section 326(g), relating to incentive bonus for 
        conversion to military occupational specialty to ease personnel 
        shortage.
            (7) Section 327(h), relating to incentive bonus for transfer 
        between armed forces.
            (8) Section 330(f), relating to accession bonus for officer 
        candidates.

[[Page 124 STAT. 4238]]

SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
                        REFERRAL BONUSES.

    The following sections of title 10, United States Code, are amended 
by striking ``December 31, 2010'' and inserting ``December 31, 2011'':
            (1) Section 1030(i), relating to health professions referral 
        bonus.
            (2) Section 3252(h), relating to Army referral bonus.

            Subtitle C--Travel and Transportation Allowances

SEC. 621. EXTENSION OF AUTHORITY TO PROVIDE TRAVEL AND 
                        TRANSPORTATION ALLOWANCES FOR INACTIVE 
                        DUTY TRAINING OUTSIDE OF NORMAL COMMUTING 
                        DISTANCES.

    Section 408a(e) of title 37, United States Code, is amended by 
striking ``December 31, 2010'' and inserting ``December 31, 2011''.
SEC. 622. TRAVEL AND TRANSPORTATION ALLOWANCES FOR ATTENDANCE AT 
                        YELLOW RIBBON REINTEGRATION EVENTS.

    (a) Payment of Travel Costs Authorized.--
            (1) In general.--Chapter 7 of title 37, United States Code, 
        is amended by inserting after section 411k the following new 
        section:
``Sec. 411l. Travel and transportation allowances: attendance of 
                  members and other persons at Yellow Ribbon 
                  Reintegration Program events

    ``(a) <<NOTE: Regulations.>>  Allowances Authorized.--(1) Under 
uniform regulations prescribed by the Secretaries concerned, a member of 
the uniformed services authorized to attend a Yellow Ribbon 
Reintegration Program event may be provided travel and transportation 
allowances in order that the member may attend a Yellow Ribbon 
Reintegration Program event.

    ``(2) Under uniform regulations prescribed by the Secretaries 
concerned, travel and transportation allowances may be provided for a 
person designated pursuant to subsection (b) in order for the person to 
accompany a member in attending a Yellow Ribbon Reintegration Program 
event if the Secretary concerned determines that the presence of the 
person at the event may contribute to the purposes of the event for the 
member.
    ``(b) Designation of Persons Eligible for Allowance.--A member of 
the uniformed services who is eligible to attend a Yellow Ribbon 
Reintegration Program event may designate one or more persons, including 
another member of the uniformed services, for purposes of receiving 
travel and transportation allowances described in subsection (c) to 
attend a Yellow Ribbon Reintegration Program event. The designation of a 
person for purposes of this section shall be made in writing and may be 
changed at any time.
    ``(c) Authorized Travel and Transportation.--(1) The transportation 
authorized by subsection (a) is round-trip transportation between the 
home or place of business of the authorized person and the location of 
the Yellow Ribbon Reintegration Program event.

[[Page 124 STAT. 4239]]

    ``(2) In addition to transportation under paragraph (1), the 
Secretary concerned may provide a per diem allowance or reimbursement 
for the actual and necessary expenses of the travel, or a combination 
thereof, but not to exceed the rates established under section 404(d) of 
this title.
    ``(3) The transportation authorized by paragraph (1) may be provided 
by any of the following means:
            ``(A) Transportation in-kind.
            ``(B) A monetary allowance in place of transportation in-
        kind at a rate to be prescribed by the Secretaries concerned.
            ``(C) Reimbursement for the commercial cost of 
        transportation.

    ``(4) An allowance payable under this subsection may be paid in 
advance.
    ``(5) Reimbursement payable under this subsection may not exceed the 
cost of Government-procured commercial round-trip air travel.
    ``(d) Yellow Ribbon Reintegration Program Event Defined.--In this 
section, the term `Yellow Ribbon Reintegration Program event' means an 
event authorized under section 582 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        related to section 411k the following new item:

``411l. Travel and transportation allowances: attendance of members and 
           other persons at Yellow Ribbon Reintegration Program 
           events.''.

    (b) <<NOTE: 37 USC 411l note.>>  Applicability.--No reimbursement 
may be provided under section 411l of title 37, United States Code, as 
added by subsection (a), for travel and transportation costs incurred 
before September 30, 2010.

        Subtitle D--Disability, Retired Pay and Survivor Benefits

SEC. 631. ELIMINATION OF CAP ON RETIRED PAY MULTIPLIER FOR MEMBERS 
                        WITH GREATER THAN 30 YEARS OF SERVICE WHO 
                        RETIRE FOR DISABILITY.

    (a) Computation of Retired Pay.--The table in section 1401(a) of 
title 10, United States Code, is amended--
            (1) in the column designated ``Column 2'', by inserting ``, 
        not to exceed 75%,'' after ``percentage of disability'' both 
        places it appears; and
            (2) by striking column 4.

    (b) Recomputation of Retired or Retainer Pay to Reflect Later Active 
Duty of Members Who First Became Members Before September 8, 1980.--The 
table in section 1402(d) of such title is amended--
            (1) in the column designated ``Column 2'', by inserting ``, 
        not to exceed 75%,'' after ``percentage of disability''; and
            (2) by striking column 4.

    (c) Recomputation of Retired or Retainer Pay to Reflect Later Active 
Duty of Members Who First Became Members After September 7, 1980.--The 
table in section 1402a(d) of such title is amended--

[[Page 124 STAT. 4240]]

            (1) in the column designated ``Column 2'', by inserting ``, 
        not to exceed 75 percent,'' after ``percentage of disability''; 
        and
            (2) by striking column 4.

    (d) <<NOTE: 10 USC 1401 note.>>  Application of Amendments.--The 
tables in sections 1401(a), 1402(d), and 1402a(d) of title 10, United 
States Code, as in effect on the day before the date of the enactment of 
this Act, shall continue to apply to the computation or recomputation of 
retired or retainer pay for persons who first became entitled to retired 
or retainer pay under subtitle A of such title on or before the date of 
the enactment of this Act. The amendments made by this section shall 
apply only with respect to persons who first become entitled to retired 
or retainer pay under such subtitle after that date.
SEC. 632. PAYMENT DATE FOR RETIRED AND RETAINER PAY.

    (a) Setting Payment Date.--Section 1412 of title 10, United States 
Code, is amended--
            (1) by striking ``Amounts'' and inserting ``(a) Rounding.--
        Amounts''; and
            (2) by adding at the end the following new subsection:

    ``(b) Payment Date.--Amounts of retired pay and retainer pay due a 
retired member of the uniformed services shall be paid on the first day 
of each month beginning after the month in which the right to such pay 
accrues.''.
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        to read as follows:
``Sec. 1412. Administrative provisions''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 71 of such title is amended by striking the 
        item relating to section 1412 and inserting the following new 
        item:

``1412. Administrative provisions.''.

    (c) <<NOTE: 10 USC 1412 note.>>  Effective Date.--Subsection (b) of 
section 1412 of title 10, United States Code, as added by subsection 
(a), shall apply beginning with the first month that begins more than 30 
days after the date of the enactment of this Act.
SEC. 633. CLARIFICATION OF EFFECT OF ORDERING RESERVE COMPONENT 
                        MEMBER TO ACTIVE DUTY TO RECEIVE 
                        AUTHORIZED MEDICAL CARE ON REDUCING 
                        ELIGIBILITY AGE FOR RECEIPT OF NON-REGULAR 
                        SERVICE RETIRED PAY.

    Section 12731(f)(2)(B) of title 10, United States Code, is amended 
by adding at the end the following new clause:
    ``(iii) If a member described in subparagraph (A) is wounded or 
otherwise injured or becomes ill while serving on active duty pursuant 
to a call or order to active duty under a provision of law referred to 
in the first sentence of clause (i) or in clause (ii), and the member is 
then ordered to active duty under section 12301(h)(1) of this title to 
receive medical care for the wound, injury, or illness, each day of 
active duty under that order for medical care shall be treated as a 
continuation of the original call or order to active duty for purposes 
of reducing the eligibility age of the member under this paragraph.''.

[[Page 124 STAT. 4241]]

SEC. 634. CONFORMITY OF SPECIAL COMPENSATION FOR MEMBERS WITH 
                        INJURIES OR ILLNESSES REQUIRING ASSISTANCE 
                        IN EVERYDAY LIVING WITH MONTHLY PERSONAL 
                        CAREGIVER STIPEND UNDER DEPARTMENT OF 
                        VETERANS AFFAIRS PROGRAM OF COMPREHENSIVE 
                        ASSISTANCE FOR FAMILY CAREGIVERS.

    Subsection (c) of section 439 of title 37, United States Code, is 
amended to read as follows:
    ``(c) Amount.--The amount of monthly special compensation payable to 
a member under subsection (a) shall be the amount as follows:
            ``(1) The monthly amount of aid and attendance payable under 
        section 1114(r)(2) of title 38.
            ``(2) Upon the establishment by the Secretary of Veterans 
        Affairs pursuant to subparagraph (C) of section 1720G(a)(3) of 
        title 38 of the schedule of monthly personal caregiver stipends 
        under the Department of Veterans Affairs program of 
        comprehensive assistance for family caregivers under 
        subparagraph (A)(ii)(V) of such section, the monthly personal 
        caregiver stipend payable with respect to similarly 
        circumstanced veterans under such schedule, rather than the 
        amount specified in paragraph (1).''.
SEC. 635. SENSE OF CONGRESS CONCERNING AGE AND SERVICE 
                        REQUIREMENTS FOR RETIRED PAY FOR NON-
                        REGULAR SERVICE.

    It is the sense of Congress that--
            (1) the amendments made to section 12731 of title 10, United 
        States Code, by section 647 of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
        Stat. 160) were intended to reduce the minimum age at which 
        members of a reserve component of the Armed Forces would begin 
        receiving retired pay according to time spent deployed, by three 
        months for every 90-day period spent on active duty over the 
        course of a career, rather than limiting qualifying time to such 
        periods wholly served within the same fiscal year, as 
        interpreted by the Department of Defense; and
            (2) steps should be taken by the Department of Defense to 
        implement the congressional intent outlined in paragraph (1).

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

SEC. 641. ADDITION OF DEFINITION OF MORALE, WELFARE, AND 
                        RECREATION TELEPHONE SERVICES FOR USE IN 
                        CONTRACTS TO PROVIDE SUCH SERVICES FOR 
                        MILITARY PERSONNEL SERVING IN COMBAT 
                        ZONES.

    Section 885 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 265; 10 U.S.C. 2304 note) is 
amended by adding at the end the following new subsection:
    ``(c) Morale, Welfare, and Recreation Telephone Services Defined.--
In this section, the term `morale, welfare, and recreation telephone 
services' means unofficial telephone calling center services

[[Page 124 STAT. 4242]]

supporting calling centers provided by the Army and Air Force Exchange 
Service, Navy Exchange Service Command, Marine Corps exchanges, or any 
other nonappropriated fund instrumentality of the United States under 
the jurisdiction of the Armed Forces which is conducted for the comfort, 
pleasure, contentment, or physical or mental improvement of members of 
the Armed Forces.''.
SEC. 642. FEASIBILITY STUDY ON ESTABLISHMENT OF FULL EXCHANGE 
                        STORE IN THE NORTHERN MARIANA ISLANDS.

    Not <<NOTE: Deadline. Reports.>>  later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
Congress a report containing the results of a study to determine the 
feasibility of replacing the ``Shoppette'' of the Army and Air Force 
Exchange Service in the Northern Mariana Islands with a full-service 
exchange store.
SEC. 643. CONTINUATION OF COMMISSARY AND EXCHANGE OPERATIONS AT 
                        BRUNSWICK NAVAL AIR STATION, MAINE.

    (a) Continuation of Operations.--The Secretary of Defense shall 
provide for the continuation of commissary and exchange operations at 
Brunswick Naval Air Station, Maine, until the later of the following:
            (1) The closure of Brunswick Naval Air Station.
            (2) <<NOTE: Time period.>>  The end of the 60-day period 
        beginning on the date on which the Secretary of Defense makes 
        the determination under subsection (b).

    (b) <<NOTE: Deadline.>>  Review and Determination.--Not earlier than 
120 days after the date of the enactment of this Act, the Secretary of 
Defense shall--
            (1) review any report prepared by the Comptroller General of 
        the United States relating to commissary and exchange operations 
        at Brunswick Naval Air Station, Maine; and
            (2) based on such review, make a determination regarding 
        whether such operations should be continued.

                        Subtitle F--Other Matters

SEC. 651. REPORT ON BASIC ALLOWANCE FOR HOUSING FOR PERSONNEL 
                        ASSIGNED TO SEA DUTY.

    (a) Report Required.--Not later than July 1, 2011, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing the following:
            (1) A review of the standards used to determine the monthly 
        rates of basic allowance for housing for personnel assigned to 
        sea duty (under section 403 of title 37, United States Code).
            (2) A review of the legislative framework and policies 
        applicable to eligibility and levels of compensation for single 
        and married personnel, with and without dependents, who are 
        assigned to sea duty.
            (3) Any recommendation for modifications of title 37, United 
        States Code, relating to basic allowance for housing for 
        personnel who are assigned to sea duty that the Secretary 
        considers appropriate, including an estimate of the cost of each 
        modification.

    (b) Elements of Reviews.--In conducting the reviews for purposes of 
subsection (a), the Secretary shall consider whether existing

[[Page 124 STAT. 4243]]

law, policies, and housing standards are suitable in terms of the 
following:
            (1) The cost and availability of housing ashore for 
        personnel assigned to sea duty.
            (2) The pay and allowances (other than basic allowance for 
        housing) payable to personnel who are assigned to sea duty, 
        including basic pay, career sea pay, and the family separation 
        allowance.
            (3) The comparability in levels of compensation for single 
        and married personnel, with and without dependents, who are 
        assigned to sea duty.
            (4) The provision of appropriate quality of life and 
        retention incentives for members in all grades who are assigned 
        to sea duty.
            (5) The provision of appropriate recognition and motivation 
        for promotion to higher military grades of personnel who are 
        assigned to sea duty.
            (6) Budgetary constraints and rising personnel costs.
SEC. 652. REPORT ON SAVINGS FROM ENHANCED MANAGEMENT OF SPECIAL 
                        PAY FOR AVIATION CAREER OFFICERS EXTENDING 
                        PERIOD OF ACTIVE DUTY.

    (a) Report Required.--Not later than August 1, 2011, the Secretary 
of Defense shall submit to the congressional defense committees a report 
regarding the use and management of the special pay programs authorized 
in section 301b of title 37, United States Code, for aviation career 
officers extending a period of active duty.
    (b) Elements of Report.--The report required by subsection (a) shall 
include the following:
            (1) A review of the programs operated by the Secretaries of 
        the military departments, including--
                    (A) directives and guidelines issued by the 
                Secretary of Defense;
                    (B) the number of aviation officers receiving the 
                special pay, listed by weapon system;
                    (C) the weapon systems for which special pay is not 
                authorized and the number of aviation officers affected 
                by such exclusion;
                    (D) the policy and structure of the programs and the 
                retention philosophy supporting the policy and structure 
                of the programs;
                    (E) the amounts paid to individual aviation 
                officers, annually and over the course of a career; and
                    (F) the amounts budgeted annually for such programs.
            (2) An accounting of aviation officers receiving the special 
        pay who have an active duty service commitment and the totals of 
        aviation officers and allocated funding by types of active duty 
        service commitment.
            (3) A review of retention trends for aviation officers, 
        generally and by weapon system, within the military departments 
        and an assessment of the factors that influence retention 
        trends, and the reliability and durability of those trends if 
        such factors are altered.
            (4) An assessment of the funds that can be saved by 
        restructuring or eliminating such programs to reduce payments to 
        aviation officers associated with those weapon systems with

[[Page 124 STAT. 4244]]

        strong retention trends and aviation officers with active duty 
        service commitments.
            (5) A review of the demand for former military aviation 
        officers to fulfill commercial airline hiring requirements, 
        recent data regarding airline hiring of former military aviation 
        officers, and an assessment of the methods used by airlines to 
        qualify pilot candidates for employment as commercial pilots.
            (6) Any recommendations for modifications of title 37, 
        United States Code, relating to special pay for aviation career 
        officers extending a period of active duty.

                    TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Improvements to Health Benefits

Sec. 701. Extension of prohibition on increases in certain health care 
           costs.
Sec. 702. Extension of dependent coverage under the TRICARE program.
Sec. 703. Survivor dental benefits.
Sec. 704. Aural screenings for members of the Armed Forces.
Sec. 705. Temporary prohibition on increase in copayments under retail 
           pharmacy system of pharmacy benefits program.

                 Subtitle B--Health Care Administration

Sec. 711. Administration of TRICARE.
Sec. 712. Postdeployment health reassessments for purposes of the 
           medical tracking system for members of the Armed Forces 
           deployed overseas.
Sec. 713. Clarification of licensure requirements applicable to military 
           health-care professionals who are members of the National 
           Guard performing certain duty while in State status.
Sec. 714. Improvements to oversight of medical training for Medical 
           Corps officers.
Sec. 715. Health information technology.
Sec. 716. Education and training on use of pharmaceuticals in 
           rehabilitation programs for wounded warriors.

                        Subtitle C--Other Matters

Sec. 721. Repeal of report requirement on separations resulting from 
           refusal to participate in anthrax vaccine immunization 
           program.
Sec. 722. Comprehensive policy on consistent neurological cognitive 
           assessments of members of the Armed Forces before and after 
           deployment.
Sec. 723. Assessment of post-traumatic stress disorder by military 
           occupation.
Sec. 724. Licensed mental health counselors and the TRICARE program.

               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 inserting ``September 30, 2011''.
    (b) Charges for Inpatient Care.--Section 1086(b)(3) of such title is 
amended by striking ``September 30, 2010'' and inserting ``September 30, 
2011''.
SEC. 702. EXTENSION OF DEPENDENT COVERAGE UNDER THE TRICARE 
                        PROGRAM.

    (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:

[[Page 124 STAT. 4245]]

``Sec. 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 coverage 
under the TRICARE program.
    ``(b) Individual Described.--An individual described in this 
subsection is an individual who--
            ``(1) would be a dependent under section 1072(2) of this 
        title but for exceeding an age limit under such section;
            ``(2) has not attained the age of 26;
            ``(3) 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);
            ``(4) is not otherwise a dependent of a member or a former 
        member under any subparagraph of section 1072(2) of this title; 
        and
            ``(5) meets other criteria specified in regulations 
        prescribed by the Secretary, similar to regulations prescribed 
        by the Secretary of Health and Human Services under section 
        2714(b) of the Public Health Service Act.

    ``(c) <<NOTE: Regulations.>>  Premium.--(1) The Secretary shall 
prescribe by regulation a premium (or premiums) for coverage under the 
TRICARE program provided pursuant to this section to an individual 
described in subsection (b).

    ``(2) <<NOTE: Determination.>>  The monthly amount of the premium in 
effect for a month for coverage under the TRICARE program pursuant to 
this section shall be the amount equal to the cost of such coverage that 
the Secretary determines on an appropriate actuarial basis.

    ``(3) <<NOTE: Requirements. Procedures.>>  The Secretary shall 
prescribe the requirements and procedures applicable to the payment of 
premiums under this subsection.

    ``(4) Amounts collected as premiums under this subsection shall be 
credited to the appropriation available for the Defense Health Program 
Account under section 1100 of this title, shall be merged with sums in 
such Account that are available for the fiscal year in which collected, 
and shall be available under subsection (b) of such section for such 
fiscal year.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        relating to section 1110a the following new item:

``1110b. TRICARE program: extension of dependent coverage.''.

    (b) <<NOTE: 10 USC 1110b note. Deadline.>>  Effective Date and 
Regulations.--The amendments made by this section shall take effect on 
January 1, 2011. The Secretary of Defense shall prescribe an interim 
final rule with respect to such amendments, effective not later than 
January 1, 2011.
SEC. 703. SURVIVOR DENTAL BENEFITS.

    Paragraph (2) of section 1076a(k) of title 10, United States Code, 
is amended to read as follows:
    ``(2) Such term includes any such dependent of a member who dies--
            ``(A) while on active duty for a period of more than 30 
        days; or
            ``(B) while such member is a member of the Ready Reserve.''.

[[Page 124 STAT. 4246]]

SEC. 704. AURAL SCREENINGS FOR MEMBERS OF THE ARMED FORCES.

    (a) <<NOTE: Deadlines.>>  Tinnitus Screening.--
            (1) Study required.--Not later than September 30, 2011, the 
        Secretary of Defense shall conduct a study to identify the best 
        tests currently available to screen members of the Armed Forces 
        for tinnitus.
            (2) Plan.--Not later than December 31, 2011, the Secretary 
        shall develop a plan to ensure that all members of the Armed 
        Forces are screened for tinnitus prior to and after a deployment 
        to a combat zone.
            (3) Report.--Not later than December 31, 2011, the Secretary 
        shall submit to the congressional defense committees a report 
        containing the results of the study under paragraph (1) and the 
        plan under paragraph (2).

    (b) Improving Aural Protection for Members of the Armed Forces.--
            (1) 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.
            (2) 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 methods to 
        improve aural protection examined under subsection (a).

    (c) Center of Excellence.--The Secretary shall ensure that all 
studies, findings, plans, and reports conducted or submitted under this 
section are transmitted to the center of excellence established by 
section 721 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4506).
SEC. 705. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER 
                        RETAIL PHARMACY SYSTEM OF PHARMACY 
                        BENEFITS PROGRAM.

    During <<NOTE: Time period.>>  the period beginning on October 1, 
2010, and ending on September 30, 2011, the cost sharing requirements 
established under paragraph (6) of section 1074g(a) of title 10, United 
States Code, for pharmaceutical agents available through retail 
pharmacies covered by paragraph (2)(E)(ii) of such section may not 
exceed 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.

                 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) Except''; 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 responsibility for administering the TRICARE program 
and making any decision affecting such program.''.

[[Page 124 STAT. 4247]]

SEC. 712. POSTDEPLOYMENT HEALTH REASSESSMENTS FOR PURPOSES OF THE 
                        MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE 
                        ARMED FORCES DEPLOYED OVERSEAS.

    (a) Requirement for Postdeployment Health Reassessments.--Paragraph 
(1) of subsection (b) of section 1074f of title 10, United States Code, 
is amended to read as follows:
    ``(1)(A) The system described in subsection (a) shall include the 
use of predeployment medical examinations and postdeployment medical 
examinations (including the assessment of mental health and the drawing 
of blood samples) and postdeployment health reassessments to--
            ``(i) accurately record the health status of members before 
        their deployment;
            ``(ii) accurately record any changes in their health status 
        during the course of their deployment; and
            ``(iii) identify health concerns, including mental health 
        concerns, that may become manifest several months following 
        their deployment.

    ``(B) The postdeployment medical examination shall be conducted when 
the member is redeployed or otherwise leaves an area in which the system 
is in operation (or as soon as possible thereafter).
    ``(C) <<NOTE: Time period.>>  The postdeployment health reassessment 
shall be conducted at an appropriate time during the period beginning 90 
days after the member is redeployed and ending 180 days after the member 
is redeployed.''.

    (b) Incorporation in Reassessments of Elements of Predeployment and 
Postdeployment Medical Examinations.--Paragraph (2) of such subsection 
is amended by striking ``and postdeployment medical examination'' and 
inserting ``medical examination, postdeployment medical examination, and 
postdeployment health reassessment''.
    (c) Recordkeeping.--Subsection (c) of such section is amended--
            (1) by inserting ``and reassessments'' after ``medical 
        examinations''; and
            (2) by inserting ``and the prescription and administration 
        of psychotropic medications'' after ``including immunizations''.

    (d) Quality Assurance.--Subsection (d) of such section is amended--
            (1) in paragraph (1), by striking ``and postdeployment 
        medical examinations'' and inserting ``, postdeployment medical 
        examinations, and postdeployment health reassessments''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``and 
                reassessments'' after ``postdeployment health 
                assessments''; and
                    (B) in subparagraph (B), by inserting ``and 
                reassessments'' after ``such assessments''.
SEC. 713. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE TO 
                        MILITARY HEALTH-CARE PROFESSIONALS WHO ARE 
                        MEMBERS OF THE NATIONAL GUARD PERFORMING 
                        CERTAIN DUTY WHILE IN STATE STATUS.

    Section 1094(d) of title 10, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or (3)'' after 
        ``paragraph (2)'';

[[Page 124 STAT. 4248]]

            (2) in paragraph (2), by inserting ``as being described 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 paragraph (1) as 
being described in this paragraph is a member of the National Guard 
who--
            ``(A) has a current license to practice medicine, 
        osteopathic medicine, dentistry, or another health profession; 
        and
            ``(B) is performing training or duty under section 502(f) of 
        title 32 in response to an actual or potential disaster.''.
SEC. 714. IMPROVEMENTS TO OVERSIGHT OF MEDICAL TRAINING FOR 
                        MEDICAL CORPS OFFICERS.

    (a) Review of Training Programs for Medical Officers.--
            (1) Review.--The Secretary of Defense shall conduct a review 
        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:
                    (A) Programs at the Uniformed Services University of 
                the Health Sciences that award a medical doctor degree.
                    (B) 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--
                          (i) anesthesiology;
                          (ii) emergency medicine;
                          (iii) family medicine;
                          (iv) general surgery;
                          (v) neurology;
                          (vi) obstetrics/gynecology;
                          (vii) pathology;
                          (viii) pediatrics; and
                          (ix) psychiatry.
            (2) 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 report on the findings of 
        the review under paragraph (1).

    (b) Annual Report on Graduate Medical Education Programs.--
            (1) Annual report.--Not later than April 1, 2011, and 
        annually thereafter through 2015, the Secretary of Defense shall 
        submit to the congressional defense committees a report on the 
        status of the graduate medical education programs of the 
        Department of Defense.
            (2) Elements.--Each report under paragraph (1) shall include 
        the following:
                    (A) An identification of each graduate medical 
                education program of the Department of Defense in effect 
                during the previous fiscal year, including for each such 
                program, the military department responsible, the 
                location, the medical specialty, the period of training 
                required, and the number of students by year.

[[Page 124 STAT. 4249]]

                    (B) The status of each program referred to in 
                subparagraph (A), including, for each such program, an 
                identification of the fiscal year in which the last 
                action was taken with respect to each of the following:
                          (i) Initial accreditation.
                          (ii) Continued accreditation.
                          (iii) If applicable, probation, and the 
                      reasons for probationary status.
                          (iv) If applicable, withheld or withdrawn 
                      accreditation, and the reasons for such action.
                    (C) A discussion of trends in the graduate medical 
                education programs of the Department.
                    (D) A discussion of challenges faced by such 
                programs, and a description and assessment of strategies 
                and plans to address such challenges.
                    (E) Such other matters as the Secretary considers 
                appropriate.
SEC. 715. HEALTH INFORMATION TECHNOLOGY.

    (a) Enterprise Risk Assessment Methodology Study.--
            (1) Study required.--The Secretary of Defense shall conduct 
        an enterprise risk assessment methodology study of all health 
        information technology programs of the Department of Defense.
            (2) 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 containing the results 
        of the study required under paragraph (1).

    (b) Report on Health Information Technology Organizational Structure 
and Future Plans.--
            (1) Report required.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a report on the 
        organizational structure for health information technology 
        within the Department of Defense.
            (2) Elements.--The report required under paragraph (1) shall 
        include the following:
                    (A) Organizational charts for all organizations 
                involved with health information technology showing, at 
                a minimum, the senior positions in each office and each 
                activity.
                    (B) A description of the functions and 
                responsibilities, to include policy formulation, policy 
                and program execution, and program oversight, of each 
                senior position for health information technology.
                    (C) An assessment of how well the health information 
                systems of the Department of Defense interact with the 
                health information systems of--
                          (i) the Department of Veterans Affairs; and
                          (ii) entities other than the Federal 
                      Government.
                    (D) A description of the role played by the 
                Interagency Program Office established by section 1635 
                of the Wounded Warrior Act (title XVI of Public Law 110-
                181; 10 U.S.C. 1071 note) and whether the office is 
                satisfactorily performing the functions required by such 
                section, as well as recommendations for administrative 
                or legislative action as the Secretary considers 
                appropriate.

[[Page 124 STAT. 4250]]

                    (E) A complete description of all future plans for 
                legacy systems and new electronic health record 
                initiatives, including the joint virtual lifetime 
                electronic record.
                    (F) The results of the survey described in paragraph 
                (3).
            (3) Survey.--The Secretary shall conduct a survey of users 
        of the health information technology systems of the Department 
        of Defense to assess the benefits and failings of such systems.
            (4) Definitions.--In this subsection:
                    (A) The term ``senior position'' means a position 
                filled by a member of the senior executive service, a 
                position on the Executive Schedule established pursuant 
                to title 5, United States Code, or a position filled by 
                a general or flag officer.
                    (B) The term ``senior personnel'' means personnel 
                who are members of the senior executive service, who 
                fill a position listed on the Executive Schedule 
                established pursuant to title 5, United States Code, or 
                who are general or flag officers.

    (c) Report on GAO Report Required.--Not later than March 31, 2011, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on the report by the Comptroller General of the 
United States titled ``Information Technology: Opportunities Exist to 
Improve Management of DOD's Electronic Health Record Initiative'' (GAO-
11-50), including--
            (1) the status of implementing the recommendations made in 
        such report; and
            (2) for each such recommendation that has not been 
        implemented, the reason why the recommendation has not been 
        implemented.
SEC. 716. <<NOTE: 10 USC 1074g note.>>  EDUCATION AND TRAINING ON 
                        USE OF PHARMACEUTICALS IN REHABILITATION 
                        PROGRAMS FOR WOUNDED WARRIORS.

    (a) Education and Training Required.--The Secretary of Defense shall 
develop and implement training, available through the Internet or other 
means, on the use of pharmaceuticals in rehabilitation programs for 
seriously ill or injured members of the Armed Forces.
    (b) Recipients of Training.--The training developed and implemented 
under subsection (a) shall be training for each category of individuals 
as follows:
            (1) Patients in or transitioning to a wounded warrior unit, 
        with special accommodation in such training for such patients 
        with cognitive disabilities.
            (2) Nonmedical case managers.
            (3) Military leaders.
            (4) Family members.

    (c) Elements of Training.--The training developed and implemented 
under subsection (a) shall include the following:
            (1) An overview of the fundamentals of safe prescription 
        drug use.
            (2) Familiarization with the benefits and risks of using 
        pharmaceuticals in rehabilitation therapies.
            (3) Examples of the use of pharmaceuticals for individuals 
        with multiple, complex injuries, including traumatic brain 
        injury and post-traumatic stress disorder.

[[Page 124 STAT. 4251]]

            (4) Familiarization with means of finding additional 
        resources for information on pharmaceuticals.
            (5) Familiarization with basic elements of pain and 
        pharmaceutical management.
            (6) Familiarization with complementary and alternative 
        therapies.

    (d) Tailoring of Training.--The training developed and implemented 
under subsection (a) shall appropriately tailor the elements specified 
in subsection (c) for and among each category of individuals set forth 
in subsection (b).
    (e) Review of Pharmacy.--
            (1) Review.--The Secretary shall review all policies and 
        procedures of the Department of Defense regarding the use of 
        pharmaceuticals in rehabilitation programs for seriously ill or 
        injured members of the Armed Forces.
            (2) <<NOTE: Deadline.>>  Recommendations.--Not later than 
        September 20, 2011, the Secretary shall submit to the 
        congressional defense committees any recommendations for 
        administrative or legislative action with respect to the review 
        under paragraph (1) as the Secretary considers appropriate.

                        Subtitle C--Other Matters

SEC. 721. REPEAL OF REPORT REQUIREMENT ON SEPARATIONS RESULTING 
                        FROM REFUSAL TO PARTICIPATE IN ANTHRAX 
                        VACCINE IMMUNIZATION PROGRAM.

    Section 1178 of title 10, United States Code, is amended--
            (1) by striking ``(a) Requirement To Establish System.--''; 
        and
            (2) by striking subsection (b).
SEC. 722. <<NOTE: 10 USC 1074f note.>>  COMPREHENSIVE POLICY ON 
                        CONSISTENT NEUROLOGICAL COGNITIVE 
                        ASSESSMENTS OF MEMBERS OF THE ARMED FORCES 
                        BEFORE AND AFTER DEPLOYMENT.

    (a) <<NOTE: Deadline.>>  Comprehensive Policy Required.--Not later 
than January 31, 2011, the Secretary of Defense shall develop and 
implement a comprehensive policy on consistent neurological cognitive 
assessments of members of the Armed Forces before and after deployment.

    (b) Updates.--The Secretary shall revise the policy required by 
subsection (a) on a periodic basis in accordance with experience and 
evolving best practice guidelines.
SEC. 723. ASSESSMENT OF POST-TRAUMATIC STRESS DISORDER BY MILITARY 
                        OCCUPATION.

    (a) Assessment.--The Secretaries of the military departments shall 
each conduct an assessment of post-traumatic stress disorder incidence 
by military occupation, including identification of military occupations 
with a high incidence of such disorder.
    (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretaries shall each submit to the congressional 
defense committees a report on the assessment under subsection (a).
    (c) Centers of Excellence.--The Secretary of Defense shall ensure 
that all studies, findings, plans, and reports conducted or submitted 
under this section are transmitted to the centers of excellence 
established by sections 1621 and 1622 of the Wounded Warrior Act (title 
XVI of Public Law 110-181).

[[Page 124 STAT. 4252]]

SEC. 724. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE 
                        PROGRAM.

    Not <<NOTE: Deadline. Regulations.>>  later than June 20, 2011, the 
Secretary of Defense shall prescribe the regulations required by section 
717 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 10 U.S.C. 1073 note).

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Disclosure to litigation support contractors.
Sec. 802. Designation of engine development and procurement program as 
           major subprogram.
Sec. 803. Enhancement of Department of Defense authority to respond to 
           combat and safety emergencies through rapid acquisition and 
           deployment of urgently needed supplies.
Sec. 804. Review of acquisition process for rapid fielding of 
           capabilities in response to urgent operational needs.
Sec. 805. Acquisition of major automated information system programs.
Sec. 806. Requirements for information relating to supply chain risk.

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

Sec. 811. Cost estimates for program baselines and contract negotiations 
           for major defense acquisition and major automated information 
           system programs.
Sec. 812. Management of manufacturing risk in major defense acquisition 
           programs.
Sec. 813. Modification and extension of requirements of the Weapon 
           System Acquisition Reform Act of 2009.
Sec. 814. Inclusion of major subprograms to major defense acquisition 
           programs under various acquisition-related requirements.

 Subtitle C--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 821. Provisions relating to fire resistant fiber for production of 
           military uniforms.
Sec. 822. Repeal of requirement for certain procurements from firms in 
           the small arms production industrial base.
Sec. 823. Review of regulatory definition relating to production of 
           specialty metals.
Sec. 824. Guidance relating to rights in technical data.
Sec. 825. Extension of sunset date for certain protests of task and 
           delivery order contracts.
Sec. 826. Inclusion of option amounts in limitations on authority of the 
           Department of Defense to carry out certain prototype 
           projects.
Sec. 827. Permanent authority for Defense Acquisition Challenge Program; 
           pilot expansion of Program.
Sec. 828. Energy savings performance contracts.
Sec. 829. Definition of materials critical to national security.

                     Subtitle D--Contractor Matters

Sec. 831. Oversight and accountability of contractors performing private 
           security functions in areas of combat operations.
Sec. 832. Extension of regulations on contractors performing private 
           security functions to areas of other significant military 
           operations.
Sec. 833. Standards and certification for private security contractors.
Sec. 834. Enhancements of authority of Secretary of Defense to reduce or 
           deny award fees to companies found to jeopardize the health 
           or safety of Government personnel.
Sec. 835. Annual joint report and Comptroller General review on 
           contracting in Iraq and Afghanistan.

                        Subtitle E--Other Matters

Sec. 841. Improvements to structure and functioning of Joint 
           Requirements Oversight Council.

[[Page 124 STAT. 4253]]

Sec. 842. Department of Defense policy on acquisition and performance of 
           sustainable products and services.
Sec. 843. Assessment and plan for critical rare earth materials in 
           defense applications.
Sec. 844. Review of national security exception to competition.
Sec. 845. Requirement for entities with facility clearances that are not 
           under foreign ownership control or influence mitigation.
Sec. 846. Procurement of photovoltaic devices.
Sec. 847. Non-availability exception from Buy American requirements for 
           procurement of hand or measuring tools.
Sec. 848. Contractor logistics support of contingency operations.

                   Subtitle F--Improve Acquisition Act

Sec. 860. Short title.

                   Part I--Defense Acquisition System

Sec. 861. Improvements to the management of the defense acquisition 
           system.
Sec. 862. Comptroller General report on Joint Capabilities Integration 
           and Development System.
Sec. 863. Requirements for the acquisition of services.
Sec. 864. Review of defense acquisition guidance.
Sec. 865. Requirement to review references to services acquisition 
           throughout the Federal Acquisition Regulation and the Defense 
           Federal Acquisition Regulation Supplement.
Sec. 866.  Pilot program on acquisition of military purpose 
           nondevelopmental items.

                 Part II--Defense Acquisition Workforce

Sec. 871. Acquisition workforce excellence.
Sec. 872. Amendments to the acquisition workforce demonstration project.
Sec. 873. Career development for civilian and military personnel in the 
           acquisition workforce.
Sec. 874. Recertification and training requirements.
Sec. 875. Information technology acquisition workforce.
Sec. 876. Definition of acquisition workforce.
Sec. 877. Defense Acquisition University curriculum review.

                     Part III--Financial Management

Sec. 881. Audit readiness of financial statements of the Department of 
           Defense.
Sec. 882. Review of obligation and expenditure thresholds.
Sec. 883. Disclosure and traceability of the cost of Department of 
           Defense health care contracts.

                        Part IV--Industrial Base

Sec. 891. Expansion of the industrial base.
Sec. 892. Price trend analysis for supplies and equipment purchased by 
           the Department of Defense.
Sec. 893. Contractor business systems.
Sec. 894. Review and recommendations on eliminating barriers to 
           contracting with the Department of Defense.
Sec. 895. Inclusion of the providers of services and information 
           technology in the national technology and industrial base.
Sec. 896. Deputy Assistant Secretary of Defense for Manufacturing and 
           Industrial Base Policy; Industrial Base Fund.

              Subtitle A--Acquisition Policy and Management

SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS.

    (a) In General.--Section 2320 of title 10, United States Code, is 
amended--
            (1) in subsection (c)(2)--
                    (A) by striking ``subsection (a), allowing'' and 
                inserting ``subsection (a)--
                    ``(A) allowing''; and
                    (B) by adding at the end the following new 
                subparagraph:

[[Page 124 STAT. 4254]]

                    ``(B) allowing a covered litigation support 
                contractor access to and use of any technical, 
                proprietary, or confidential data delivered under a 
                contract for the sole purpose of providing litigation 
                support to the Government in the form of administrative, 
                technical, or professional services during or in 
                anticipation of litigation; or''; and
            (2) by inserting after subsection (f) the following:

    ``(g) <<NOTE: Definition.>>  In this section, the term `covered 
litigation support contractor' means a contractor (including an expert 
or technical consultant) under contract with the Department of Defense 
to provide litigation support, which contractor 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 contractor will 
        take all reasonable steps to protect the proprietary and 
        nonpublic nature of the technical data furnished to the covered 
        litigation support contractor; and
            ``(3) that such technical data provided to the covered 
        litigation support contractor under the authority of this 
        section shall not be used by the covered litigation support 
        contractor to compete against the third party for Government or 
        non-Government contracts.''.

    (b) <<NOTE: 10 USC 2320 note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect on the date that is 120 days 
after the date of the enactment of this Act.
SEC. 802. DESIGNATION OF ENGINE DEVELOPMENT AND PROCUREMENT 
                        PROGRAM AS MAJOR SUBPROGRAM.

    (a) <<NOTE: Deadline.>>  Designation as Major Subprogram.--Not later 
than 30 days after the date of the enactment of this Act, the Secretary 
of Defense shall designate an engine development and procurement program 
as a major subprogram of the F-35 Lightning II aircraft major defense 
acquisition program, in accordance with section 2430a of title 10, 
United States Code.

    (b) Original Baseline.--For purposes of reporting requirements 
referred to in section 2430a(b) of title 10, United States Code, for the 
major subprogram designated under subsection (a), the Secretary shall 
use the Milestone B decision as the original baseline for the 
subprogram.
    (c) Actions Following Critical Cost Growth.--
            (1) In general.--Subject to paragraph (2), to the extent 
        that the Secretary elects to restructure the Lightning II 
        aircraft major defense acquisition program subsequent to a 
        reassessment and actions required by subsections (a) and (c) of 
        section 2433a of title 10, United States Code, during fiscal 
        year 2010, and also conducts such reassessment and actions with 
        respect to an F-35 engine development and procurement program 
        (including related reporting based on the original baseline as 
        defined in subsection (c)), the requirements of section 2433a of 
        such title with respect to a major subprogram designated under 
        subsection (a) shall be considered to be met with respect to the 
        major subprogram.
            (2) Limitation.--Actions taken in accordance with paragraph 
        (1) shall be considered to meet the requirements of section 
        2433a of title 10, United States Code, with respect

[[Page 124 STAT. 4255]]

        to a major subprogram designated under subsection (a) only to 
        the extent that designation as a major subprogram would require 
        the Secretary of Defense to conduct a reassessment 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 programmatic changes, 
        following the date of the enactment 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 section 
        2433(a)(5) of such title) for the subprogram.
SEC. 803. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO 
                        RESPOND TO COMBAT AND SAFETY EMERGENCIES 
                        THROUGH RAPID ACQUISITION AND DEPLOYMENT 
                        OF URGENTLY NEEDED SUPPLIES.

    (a) Requirement To Establish Procedures.--Subsection (a) of section 
806 of the Bob Stump National Defense Authorization Act for Fiscal Year 
2003 (10 U.S.C. 2302 note) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``items'' and inserting ``supplies''; and
            (2) by striking paragraph (1) and inserting the following 
        new paragraph (1):
            ``(1)(A) currently under development by the Department of 
        Defense or available from the commercial sector; or
            ``(B) require only minor modifications to supplies described 
        in subparagraph (A); and''.

    (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 ``supplies'';
                    (B) in subparagraphs (A) and (B), by striking ``an 
                item'' and inserting ``the supplies''; and
                    (C) in subparagraph (C), by inserting ``and 
                utilization'' after ``deployment''.

    (c) Response to Combat Emergencies.--Subsection (c) of such section 
is amended--
            (1) by striking ``equipment'' each place it appears other 
        than paragraph (5) and inserting ``supplies'';
            (2) by striking ``combat capability'' each place it appears;
            (3) by striking ``that has resulted in combat fatalities'' 
        each place it appears and inserting ``that has resulted in 
        combat casualties, or is likely to result in combat 
        casualties'';
            (4) in paragraph (1), by striking ``is'' and inserting 
        ``are'';
            (5) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``is'' each 
                place it appears and inserting ``are''; and
                    (B) in subparagraph (B), by striking ``fatalities'' 
                at the end and inserting ``casualties'';
            (6) by amending paragraph (3) to read as follows:

    ``(3) In any fiscal year in which the Secretary makes a 
determination described in paragraph (1), the Secretary may use any

[[Page 124 STAT. 4256]]

funds available to the Department of Defense for that fiscal year for 
acquisitions of supplies under this section if the determination 
includes a written finding that the use of such funds is necessary to 
address the combat capability deficiency in a timely manner. The 
authority of this section may not be used to acquire supplies in an 
amount aggregating more than $200,000,000 during any such fiscal 
year.'';
            (7) in paragraph (4)--
                    (A) by inserting ``, in consultation with the 
                Director of the Office of Management and Budget,'' after 
                ``shall''; and
                    (B) 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 equipment'' and 
        inserting ``the supplies concerned''.

    (d) Waiver of Certain Statues and Regulations.--Subsection (d)(1) of 
such section <<NOTE: 10 USC 806.>>  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)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``an item'' and inserting ``the supplies''; and
                    (B) in subparagraph (B), by striking ``of the item'' 
                and all that follows through ``requirements 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), by striking ``items'' each place it 
        appears 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 production quantity determination 
has been made pursuant to section 2400 of title 10, United States Code, 
the quantity of such supplies acquired using the procedures prescribed 
pursuant to this section may not exceed an amount consistent 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. 804. <<NOTE: 10 USC 2302 note.>>  REVIEW OF ACQUISITION 
                        PROCESS FOR RAPID FIELDING OF CAPABILITIES 
                        IN RESPONSE TO URGENT OPERATIONAL NEEDS.

    (a) Review of Rapid Acquisition Process Required.--
            (1) <<NOTE: Deadline. Reports.>>  In general.--Not later 
        than one year after the date of the enactment of this Act, the 
        Secretary of Defense shall complete a review of the process for 
        the fielding of capabilities in response to urgent operational 
        needs and submit a report on the review to the congressional 
        defense committees.

[[Page 124 STAT. 4257]]

            (2) Review and report requirements.--The review pursuant to 
        this section shall include consideration of various improvements 
        to the acquisition process for rapid fielding of capabilities in 
        response to urgent operational needs. For each improvement, the 
        report on the review shall discuss--
                    (A) the Department's review of the improvement;
                    (B) if the improvement is being implemented by the 
                Department, a schedule for implementing the improvement; 
                and
                    (C) if the improvement is not being implemented by 
                the Department, an explanation of why the improvement is 
                not being implemented.
            (3) Improvements to be considered.--The improvements that 
        shall be considered during the review are the following:
                    (A) Providing a streamlined, expedited, and tightly 
                integrated iterative approach to--
                          (i) the identification and validation of 
                      urgent operational needs;
                          (ii) the analysis of alternatives and 
                      identification of preferred solutions;
                          (iii) the development and approval of 
                      appropriate requirements and acquisition 
                      documents;
                          (iv) the identification and minimization of 
                      development, integration, and manufacturing risks;
                          (v) the consideration of operation and 
                      sustainment costs;
                          (vi) the allocation of appropriate funding; 
                      and
                          (vii) the rapid production and delivery of 
                      required capabilities.
                    (B) Clearly defining the roles and responsibilities 
                of the Office of the Secretary of Defense, the Joint 
                Chiefs of Staff, the military departments, and other 
                components of the Department of Defense for carrying out 
                all phases of the process.
                    (C) Designating a senior official within the Office 
                of the Secretary of Defense with primary responsibility 
                for making recommendations to the Secretary on the use 
                of the authority provided by subsections (c) and (d) of 
                section 806 of the Bob Stump National Defense 
                Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 
                note), as amended by section 803 of this Act, in 
                appropriate circumstances.
                    (D) Establishing a target date for the fielding of a 
                capability pursuant to each validated urgent operational 
                need.
                    (E) Implementing a system for--
                          (i) documenting key process milestones, such 
                      as funding, acquisition, fielding, and assessment 
                      decisions and actions; and
                          (ii) tracking the cost, schedule, and 
                      performance of acquisitions conducted pursuant to 
                      the process.
                    (F) Establishing a formal feedback mechanism for the 
                commanders of the combatant commands to provide 
                information to the Joint Chiefs of Staff and senior 
                acquisition officials on how well fielded solutions are 
                meeting urgent operational needs.

[[Page 124 STAT. 4258]]

                    (G) Establishing a dedicated source of funding for 
                the rapid fielding of capabilities in response to urgent 
                operational needs.
                    (H) Issuing guidance to provide for the appropriate 
                transition of capabilities acquired through rapid 
                fielding into the traditional budget, requirements, and 
                acquisition process for purposes of contracts for 
                follow-on production, sustainment, and logistics 
                support.
                    (I) Such other improvements as the Secretary 
                considers appropriate.

    (b) Discriminating Urgent Operational Needs From Traditional 
Requirements.--
            (1) <<NOTE: Deadline.>>  Expedited review process.--Not 
        later than 270 days after the date of the enactment of this Act, 
        the Secretary shall develop and implement an expedited review 
        process to determine whether capabilities proposed as urgent 
        operational needs are appropriate for fielding through the 
        process for the rapid fielding of capabilities or should be 
        fielded through the traditional acquisition process.
            (2) Elements.--The review process developed and implemented 
        pursuant to paragraph (1) shall--
                    (A) <<NOTE: Applicability.>>  apply to the rapid 
                fielding of capabilities in response to joint urgent 
                operational need statements and to other urgent 
                operational needs statements generated by the military 
                departments and the combatant commands;
                    (B) identify officials responsible for making 
                determinations described in paragraph (1);
                    (C) establish appropriate time periods for making 
                such determinations;
                    (D) set forth standards and criteria for making such 
                determinations based on considerations of urgency, risk, 
                and life-cycle management;
                    (E) establish appropriate thresholds for the 
                applicability of the review process, or of elements of 
                the review process; and
                    (F) authorize appropriate officials to make 
                exceptions from standards and criteria established under 
                subparagraph (D) in exceptional circumstances.
            (3) Covered capabilities.--The review process developed and 
        implemented pursuant to paragraph (1) shall provide that, 
        subject to such exceptions as the Secretary considers 
        appropriate for purposes of this section, the acquisition 
        process for rapid fielding of capabilities in response to urgent 
        operational needs is appropriate only for capabilities that--
                    (A) can be fielded within a period of two to 24 
                months;
                    (B) do not require substantial development effort;
                    (C) are based on technologies that are proven and 
                available; and
                    (D) can appropriately be acquired under fixed price 
                contracts.
            (4) Inclusion in report.--The Secretary shall include a 
        description of the expedited review process implemented pursuant 
        to paragraph (1) in the report required by subsection (a).

[[Page 124 STAT. 4259]]

SEC. 805. ACQUISITION OF MAJOR AUTOMATED INFORMATION SYSTEM 
                        PROGRAMS.

    (a) Program To Improve Information Technology Processes.--
            (1) In general.--Chapter 131 of title 10, United States 
        Code, is amended by inserting after section 2223 the following 
        new section:
``Sec. 2223a. Information technology acquisition planning and 
                    oversight requirements

    ``(a) Establishment of Program.--The Secretary of Defense shall 
establish a program to improve the planning and oversight processes for 
the acquisition of major automated information systems by the Department 
of Defense.
    ``(b) Program Components.--The program established under subsection 
(a) shall include--
            ``(1) a documented process for information technology 
        acquisition planning, requirements development and management, 
        project management and oversight, earned value management, and 
        risk management;
            ``(2) the development of appropriate metrics that can be 
        implemented and monitored on a real-time basis for performance 
        measurement of--
                    ``(A) processes and development status of 
                investments in major automated information system 
                programs;
                    ``(B) continuous process improvement of such 
                programs; and
                    ``(C) achievement of program and investment 
                outcomes;
            ``(3) a process to ensure that key program personnel have an 
        appropriate level of experience, training, and education in the 
        planning, acquisition, execution, management, and oversight of 
        information technology systems;
            ``(4) a process to ensure sufficient resources and 
        infrastructure capacity for test and evaluation of information 
        technology systems;
            ``(5) a process to ensure that military departments and 
        Defense Agencies adhere to established processes and 
        requirements relating to the planning, acquisition, execution, 
        management, and oversight of information technology programs and 
        developments; and
            ``(6) a process under which an appropriate Department of 
        Defense official may intervene or terminate the funding of an 
        information technology investment if the investment is at risk 
        of not achieving major project milestones.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 131 of such title is amended by inserting 
        after the item relating to section 2223 the following new item:

``2223a. Information technology acquisition planning and oversight 
           requirements.''.

    (b) Annual Report to Congress.--Section 2445b(b) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraphs:
            ``(5) For each major automated information system program 
        for which such information has not been provided in a previous 
        annual report--

[[Page 124 STAT. 4260]]

                    ``(A) a description of the business case analysis 
                (if any) that has been prepared for the program and key 
                functional requirements for the program;
                    ``(B) a description of the analysis of alternatives 
                conducted with regard to the program;
                    ``(C) an assessment of the extent to which the 
                program, or portions of the program, have technical 
                requirements of sufficient clarity that the program, or 
                portions of the program, may be feasibly procured under 
                firm, fixed-price contracts;
                    ``(D) the most recent independent cost estimate or 
                cost analysis for the program provided by the Director 
                of Cost Assessment and Program Evaluation in accordance 
                with section 2334(a)(6) of this title;
                    ``(E) a certification by a Department of Defense 
                acquisition official with responsibility for the program 
                that all technical and business requirements have been 
                reviewed and validated to ensure alignment with the 
                business case; and
                    ``(F) an explanation of the basis for the 
                certification described in subparagraph (E).
            ``(6) For each major automated information system program 
        for which the information required under paragraph (5) has been 
        provided in a previous annual report, a summary of any 
        significant changes to the information previously provided.''.
SEC. 806. <<NOTE: 10 USC 2304 note.>>  REQUIREMENTS FOR 
                        INFORMATION RELATING TO SUPPLY CHAIN RISK.

    (a) Authority.--Subject to subsection (b), the head of a covered 
agency may--
            (1) carry out a covered procurement action; and
            (2) limit, notwithstanding any other provision of law, in 
        whole or in part, the disclosure of information relating to the 
        basis for carrying out a covered procurement action.

    (b) Determination and Notification.--The head of a covered agency 
may exercise the authority provided in subsection (a) only after--
            (1) obtaining a joint recommendation by the Under Secretary 
        of Defense for Acquisition, Technology, and Logistics and the 
        Chief Information Officer of the Department of Defense, on the 
        basis of a risk assessment by the Under Secretary of Defense for 
        Intelligence, that there is a significant supply chain risk to a 
        covered system;
            (2) making a determination in writing, in unclassified or 
        classified form, with the concurrence of the Under Secretary of 
        Defense for Acquisition, Technology, and Logistics, that--
                    (A) use of the authority in subsection (a)(1) is 
                necessary to protect national security by reducing 
                supply chain risk;
                    (B) less intrusive measures are not reasonably 
                available to reduce such supply chain risk; and
                    (C) in a case where the head of the covered agency 
                plans to limit disclosure of information under 
                subsection (a)(2), the risk to national security due to 
                the disclosure of such information outweighs the risk 
                due to not disclosing such information; and

[[Page 124 STAT. 4261]]

            (3) providing a classified or unclassified notice of the 
        determination made under paragraph (2) to the appropriate 
        congressional committees, which notice shall include--
                    (A) the information required by section 2304(f)(3) 
                of title 10, United States Code;
                    (B) the joint recommendation by the Under Secretary 
                of Defense for Acquisition, Technology, and Logistics 
                and the Chief Information Officer of the Department of 
                Defense as specified in paragraph (1);
                    (C) a summary of the risk assessment by the Under 
                Secretary of Defense for Intelligence that serves as the 
                basis for the joint recommendation specified in 
                paragraph (1); and
                    (D) a summary of the basis for the determination, 
                including a discussion of less intrusive measures that 
                were considered and why they were not reasonably 
                available to reduce supply chain risk.

    (c) Delegation.--The head of a covered agency may not delegate the 
authority provided in subsection (a) or the responsibility to make a 
determination under subsection (b) to an official below the level of the 
service acquisition executive for the agency concerned.
    (d) Limitation on Disclosure.--If the head of a covered agency has 
exercised the authority provided in subsection (a)(2) to limit 
disclosure of information--
            (1) no action undertaken by the agency head under such 
        authority shall be subject to review in a bid protest before the 
        Government Accountability Office or in any Federal court; and
            (2) <<NOTE: Notification.>>  the agency head shall--
                    (A) notify appropriate parties of a covered 
                procurement action and the basis for such action only to 
                the extent necessary to effectuate the covered 
                procurement action;
                    (B) notify other Department of Defense components or 
                other Federal agencies responsible for procurements that 
                may be subject to the same or similar supply chain risk, 
                in a manner and to the extent consistent with the 
                requirements of national security; and
                    (C) ensure the confidentiality of any such 
                notifications.

    (e) Definitions.--In this section:
            (1) Head of a covered agency.--The term ``head of a covered 
        agency'' means each of the following:
                    (A) The Secretary of Defense.
                    (B) The Secretary of the Army.
                    (C) The Secretary of the Navy.
                    (D) The Secretary of the Air Force.
            (2) Covered procurement action.--The term ``covered 
        procurement action'' means any of the following actions, if the 
        action takes place in the course of conducting a covered 
        procurement:
                    (A) The exclusion of a source that fails to meet 
                qualification standards established in accordance with 
                the requirements of section 2319 of title 10, United 
                States Code, for the purpose of reducing supply chain 
                risk in the acquisition of covered systems.
                    (B) The exclusion of a source that fails to achieve 
                an acceptable rating with regard to an evaluation factor

[[Page 124 STAT. 4262]]

                providing for the consideration of supply chain risk in 
                the evaluation of proposals for the award of a contract 
                or the issuance of a task or delivery order.
                    (C) The decision to withhold consent for a 
                contractor to subcontract with a particular source or to 
                direct a contractor for a covered system to exclude a 
                particular source from consideration for a subcontract 
                under the contract.
            (3) Covered procurement.--The term ``covered procurement'' 
        means--
                    (A) a source selection for a covered system or a 
                covered item of supply involving either a performance 
                specification, as provided in section 2305(a)(1)(C)(ii) 
                of title 10, United States Code, or an evaluation 
                factor, as provided in section 2305(a)(2)(A) of such 
                title, relating to supply chain risk;
                    (B) the consideration of proposals for and issuance 
                of a task or delivery order for a covered system or a 
                covered item of supply, as provided in section 
                2304c(d)(3) of title 10, United States Code, where the 
                task or delivery order contract concerned includes a 
                contract clause establishing a requirement relating to 
                supply chain risk; or
                    (C) any contract action involving a contract for a 
                covered system or a covered item of supply where such 
                contract includes a clause establishing requirements 
                relating to supply chain risk.
            (4) Supply chain risk.--The term ``supply chain risk'' means 
        the risk that an adversary may sabotage, maliciously introduce 
        unwanted function, or otherwise subvert the design, integrity, 
        manufacturing, production, distribution, installation, 
        operation, or maintenance of a covered system so as to surveil, 
        deny, disrupt, or otherwise degrade the function, use, or 
        operation of such system.
            (5) Covered system.--The term ``covered system'' means a 
        national security system, as that term is defined in section 
        3542(b) of title 44, United States Code.
            (6) Covered item of supply.--The term ``covered item of 
        supply'' means an item of information technology (as that term 
        is defined in section 11101 of title 40, United States Code) 
        that is purchased for inclusion in a covered system, and the 
        loss of integrity of which could result in a supply chain risk 
        for a covered system.
            (7) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) in the case of a covered system included in the 
                National Intelligence Program or the Military 
                Intelligence Program, the Select Committee on 
                Intelligence of the Senate, the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives, and the congressional defense 
                committees; and
                    (B) in the case of a covered system not otherwise 
                included in subparagraph (A), the congressional defense 
                committees.

    (f) <<NOTE: Applicability.>>  Effective Date.--The requirements of 
this section shall take effect on the date that is 180 days after the 
date of the enactment of this Act and shall apply to--
            (1) contracts that are awarded on or after such date; and

[[Page 124 STAT. 4263]]

            (2) task and delivery orders that are issued on or after 
        such date pursuant to contracts that awarded before, on, or 
        after such date.

    (g) Sunset.--The authority provided in this section shall expire on 
the date that is three years after the date of the enactment of this 
Act.

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

SEC. 811. COST ESTIMATES FOR PROGRAM BASELINES AND CONTRACT 
                        NEGOTIATIONS FOR MAJOR DEFENSE ACQUISITION 
                        AND MAJOR AUTOMATED INFORMATION SYSTEM 
                        PROGRAMS.

    Section 2334 of title 10, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) by striking ``paragraph (2)'' and 
                      inserting ``paragraph (3)''; and
                          (ii) by striking ``, the rationale for 
                      selecting such confidence level, and, if such 
                      confidence level is less than 80 percent, the 
                      justification for selecting a confidence level of 
                      less than 80 percent; and'' and inserting ``and 
                      the rationale for selecting such confidence 
                      level;'';
                    (B) by redesignating paragraph (2) as paragraph (3); 
                and
                    (C) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) ensure that such confidence level provides a high 
        degree of confidence that the program can be completed without 
        the need for significant adjustment to program budgets; and'';
            (2) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (3) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) Estimates for Program Baseline and Analyses and Targets for 
Contract Negotiation Purposes.--(1) The policies, procedures, and 
guidance issued by the Director of Cost Assessment and Program 
Evaluation in accordance with the requirements of subsection (a) shall 
provide that--
            ``(A) cost estimates developed for baseline descriptions and 
        other program purposes conducted pursuant to subsection (a)(6) 
        are not to be used for the purpose of contract negotiations or 
        the obligation of funds; and
            ``(B) cost analyses and targets developed for the purpose of 
        contract negotiations and the obligation of funds are based on 
        the Government's reasonable expectation of successful contractor 
        performance in accordance with the contractor's proposal and 
        previous experience.

    ``(2) The Program Manager and contracting officer for each major 
defense acquisition program and major automated information system 
program shall ensure that cost analyses and targets developed for the 
purpose of contract negotiations and the obligation of funds are carried 
out in accordance with the requirements of paragraph (1) and the 
policies, procedures, and guidance issued by the Director of Cost 
Assessment and Program Evaluation.

[[Page 124 STAT. 4264]]

    ``(3) Funds that are made available for a major defense acquisition 
program or major automated information system program in accordance with 
a cost estimate conducted pursuant to subsection (a)(6), but are excess 
to a cost analysis or target developed pursuant to paragraph (2), shall 
remain available for obligation in accordance with the terms of 
applicable authorization and appropriations Acts.
    ``(4) Funds described in paragraph (3)--
            ``(A) may be used--
                    ``(i) to cover any increased program costs 
                identified by a revised cost analysis or target 
                developed pursuant to paragraph (2);
                    ``(ii) to acquire additional end items in accordance 
                with the requirements of section 2308 of this title; or
                    ``(iii) to cover the cost of risk reduction and 
                process improvements; and
            ``(B) may be reprogrammed, in accordance with established 
        procedures, only if determined to be excess to program needs on 
        the basis of a cost estimate developed with the concurrence of 
        the Director of Cost Assessment and Program Evaluation.''.
SEC. 812. <<NOTE: 10 USC 2430 note.>>  MANAGEMENT OF MANUFACTURING 
                        RISK IN MAJOR DEFENSE ACQUISITION 
                        PROGRAMS.

    (a) <<NOTE: Deadline.>>  Guidance Required.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall issue comprehensive guidance on the management of manufacturing 
risk in major defense acquisition programs.

    (b) Elements.--The guidance issued under subsection (a) shall, at a 
minimum--
            (1) require the use of manufacturing readiness levels as a 
        basis for measuring, assessing, reporting, and communicating 
        manufacturing readiness and risk on major defense acquisition 
        programs throughout the Department of Defense;
            (2) provide guidance on the definition of manufacturing 
        readiness levels and how manufacturing readiness levels should 
        be used to assess manufacturing risk and readiness in major 
        defense acquisition programs;
            (3) specify manufacturing readiness levels that should be 
        achieved at key milestones and decision points for major defense 
        acquisition programs;
            (4) identify tools and models that may be used to assess, 
        manage, and reduce risks that are identified in the course of 
        manufacturing readiness assessments for major defense 
        acquisition programs; and
            (5) require appropriate consideration of the manufacturing 
        readiness and manufacturing readiness processes of potential 
        contractors and subcontractors as a part of the source selection 
        process for major defense acquisition programs.

    (c) Manufacturing Readiness Expertise.--The Secretary shall ensure 
that--
            (1) the acquisition workforce chapter of the annual 
        strategic workforce plan required by section 115b of title 10, 
        United States Code, includes an assessment of the critical 
        manufacturing readiness knowledge and skills needed in the 
        acquisition workforce and a plan of action for addressing any 
        gaps in such knowledge and skills; and

[[Page 124 STAT. 4265]]

            (2) the need of the Department for manufacturing readiness 
        knowledge and skills is given appropriate consideration, 
        comparable to the consideration given to other program 
        management functions, as the Department identifies areas of need 
        for funding through the Defense Acquisition Workforce 
        Development Fund established in accordance with the requirements 
        of section 1705 of title 10, United States Code.

    (d) Major Defense Acquisition Program Defined.--In this section, the 
term ``major defense acquisition program'' has the meaning given that 
term in section 2430(a) of title 10, United States Code.
SEC. 813. MODIFICATION AND EXTENSION OF REQUIREMENTS OF THE WEAPON 
                        SYSTEM ACQUISITION REFORM ACT OF 2009.

    (a) Extension of Reporting Requirements.--Section 102(b) of the 
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 
Stat. 1714; 10 U.S.C. 2430 note) is amended--
            (1) in paragraph (2), by inserting ``, and not later than 
        February 15 of each year from 2011 through 2014'' after ``Not 
        later than 180 days after the date of the enactment of this 
        Act''; and
            (2) in paragraph (3), by striking ``The first annual 
        report'' and inserting ``Each annual report from 2010 through 
        2014''.

    (b) Clarification That Prototypes May Be Acquired From Commercial, 
Government, or Academic Sources.--Paragraph (4) of section 203(a) of the 
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 
Stat. 1722; 10 U.S.C. 2430 note) is amended to read as follows:
            ``(4) That prototypes--
                    ``(A) may be required under paragraph (1) or (3) for 
                the system to be acquired or, if prototyping of the 
                system is not feasible, for critical subsystems of the 
                system; and
                    ``(B) may be acquired from commercial, government, 
                or academic sources.''.

    (c) Clarification That Certifications Are Not Required for Major 
Defense Acquisition Programs Following Milestone C Approval.--Section 
204(c)(2) of the Weapon Systems Acquisition Reform Act of 2009 (123 
Stat. 1724) <<NOTE: 10 USC 2366a note.>>  is amended--
            (1) in subparagraph (A), by striking ``; and'' and inserting 
        a semicolon;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) has not yet achieved a Milestone C 
                approval.''.

    (d) Clarification That Certain Milestone B Certification Criteria 
May Be Waived.--
            (1) <<NOTE: Effective date. 10 USC 2366b note.>>  Waiver 
        authority.--Effective as of May 22, 2009, section 2366b(d) of 
        title 10, United States Code, as amended by section 205(a)(1) of 
        the Weapon Systems Acquisition Reform Act of 2009 (123 Stat. 
        1724), is amended--
                    (A) in paragraph (1), by striking ``specified in 
                paragraph (1) or (2) of subsection (a)'' and inserting 
                ``specified in paragraph (1), (2), or (3) of subsection 
                (a)''; and
                    (B) in paragraph (2), by striking ``specified in 
                paragraphs (1) and (2) of subsection (a)'' and inserting 
                ``specified in paragraphs (1), (2), and (3) of 
                subsection (a)''.

[[Page 124 STAT. 4266]]

            (2) Determination regarding satisfaction of certification 
        components.--Effective as of <<NOTE: Effective date.>>  May 22, 
        2009, and as if included therein as enacted, section 205(b)(1) 
        of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 
        2366b note) is amended by striking ``certification components 
        specified in paragraphs (1) and (2) of subsection (a) of section 
        2366b of title 10, United States Code'' and inserting 
        ``certification components specified in paragraphs (1), (2), and 
        (3) of subsection (a) of section 2366b of title 10, United 
        States Code''.

    (e) <<NOTE: Effective date.>>  Correction to Reference.--Effective 
as of May 22, 2009, and as if included therein as enacted, section 
205(c) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 
2433a note) is amended by striking ``section 2433a(c)(3)'' and inserting 
``section 2433a(c)(1)(C)''.
SEC. 814. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE 
                        ACQUISITION PROGRAMS UNDER VARIOUS 
                        ACQUISITION-RELATED REQUIREMENTS.

    (a) Reporting Requirements.--Section 2430a(b) of title 10, United 
States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively;
            (2) by inserting ``(1)'' before ``If the Secretary'';
            (3) in subparagraph (A), as so redesignated, by inserting 
        ``(other than as provided in paragraph (2))'' before the 
        semicolon; and
            (4) by adding at the end the following new paragraph:

    ``(2) For a major defense acquisition program for which a 
designation of a major subprogram has been made under subsection (a), 
unit costs under this chapter shall be submitted in accordance with the 
definitions in subsection (d).''.
    (b) Milestone A Approval Certification Requirements.--Section 2366a 
of such title is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``a major defense 
                acquisition program certified by the Milestone Decision 
                Authority under subsection (a), if the projected cost of 
                the program'' and inserting ``a major defense 
                acquisition program certified by the Milestone Decision 
                Authority under subsection (a) or a designated major 
                subprogram of such program, if the projected cost of the 
                program or subprogram''; and
                    (B) in paragraph (2), by inserting ``or designated 
                major subprogram'' after ``major defense acquisition 
                program''; 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) <<NOTE: Definition.>>  The term `designated major 
        subprogram' means a major subprogram of a major defense 
        acquisition program designated under section 2430a(a)(1) of this 
        title.''.

    (c) Milestone B Approval Certification Requirements.--Section 2366b 
of such title is amended--
            (1) in subsection (b)(1)--

[[Page 124 STAT. 4267]]

                    (A) by striking ``any changes to the program'' and 
                inserting ``any changes to the program or a designated 
                major subprogram of such program''; and
                    (B) in subparagraph (B), by striking ``otherwise 
                cause the program'' and inserting ``otherwise cause the 
                program or subprogram''; and
            (2) in subsection (g)--
                    (A) by redesignating paragraphs (2), (3), and (4) as 
                paragraphs (3), (4), and (5), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) <<NOTE: Definition.>>  The term `designated major 
        subprogram' means a major subprogram of a major defense 
        acquisition program designated under section 2430a(a)(1) of this 
        title.''.

    (d) Conforming Amendments to Section 2399.--Subsection (a) of 
section 2399 of such title <<NOTE: 10 USC 2399.>>  is amended to read as 
follows:

    ``(a) Condition for Proceeding Beyond Low-rate Initial Production.--
(1) The Secretary of Defense shall provide that a covered major defense 
acquisition 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) <<NOTE: Definitions.>>  In this subsection:
            ``(A) The term `covered major defense acquisition 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.
            ``(B) The term `covered designated major subprogram' means a 
        major subprogram designated under section 2430a(a)(1) of this 
        title that is a major subprogram of a covered major defense 
        acquisition program.''.

    (e) 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) <<NOTE: Applicability.>>  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 defense acquisition program, and 
any reference in this section to a program shall be treated as including 
such a subprogram.''.

 Subtitle C--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

SEC. 821. PROVISIONS RELATING TO FIRE RESISTANT FIBER FOR 
                        PRODUCTION OF MILITARY UNIFORMS.

    (a) Extension.--Section 829 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C. 
2533a note) is amended 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, 2015''.

[[Page 124 STAT. 4268]]

    (b) Prohibition on Specification in Solicitations.--No solicitation 
issued before January 1, 2015, 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.
    (c) Report Required.--
            (1) In general.--Not later than March 15, 2011, the 
        Comptroller General of the United States shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report on the supply chain for fire resistant 
        fiber for the production of military uniforms.
            (2) Elements.--The report required by paragraph (1) shall 
        include, at a minimum, an analysis of the following:
                    (A) The current and anticipated sources of fire 
                resistant rayon fiber for the production of military 
                uniforms.
                    (B) The extent to which fire resistant rayon fiber 
                has unique properties that provide advantages for the 
                production of military uniforms.
                    (C) The extent to which the efficient procurement of 
                fire resistant rayon fiber for the production of 
                military uniforms is impeded by existing statutory or 
                regulatory requirements.
                    (D) The actions the Department of Defense has taken 
                to identify alternatives to fire resistant rayon fiber 
                for the production of military uniforms.
                    (E) The extent to which such alternatives provide an 
                adequate substitute for fire resistant rayon fiber for 
                the production of military uniforms.
                    (F) The impediments to the use of such alternatives, 
                and the actions the Department has taken to overcome 
                such impediments.
                    (G) The extent to which uncertainty regarding the 
                future availability of fire resistant rayon fiber 
                results in instability or inefficiency for elements of 
                the United States textile industry that use fire 
                resistant rayon fiber, and the extent to which that 
                instability or inefficiency results in less efficient 
                business practices, impedes investment and innovation, 
                and thereby results or may result in higher costs, 
                delayed delivery, or a lower quality of product 
                delivered to the Government.
                    (H) The extent to which any modifications to 
                existing law or regulation may be necessary to ensure 
                the efficient acquisition of fire resistant fiber or 
                alternative fire resistant products for the production 
                of military uniforms.
SEC. 822. REPEAL OF REQUIREMENT FOR CERTAIN PROCUREMENTS FROM 
                        FIRMS IN THE SMALL ARMS PRODUCTION 
                        INDUSTRIAL BASE.

    (a) Repeal.--Section 2473 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 146 of such title is amended by striking the item relating to 
section 2473.

[[Page 124 STAT. 4269]]

SEC. 823. <<NOTE: 10 USC 2533b note.>>  REVIEW OF REGULATORY 
                        DEFINITION RELATING TO PRODUCTION OF 
                        SPECIALTY METALS.

    (a) Review Required.--The Secretary of Defense shall review the 
regulations specified in subsection (b) to ensure that the definition of 
the term ``produce'' in such regulations complies with the requirements 
of section 2533b of title 10, United States Code. In carrying 
out <<NOTE: Public comment.>>  the review, the Secretary shall seek 
public comment, consider congressional intent, and revise the 
regulations as the Secretary considers necessary and appropriate.

    (b) Regulations Specified.--The regulations referred to in 
subsection (a) are any portion of subpart 252.2 of the defense 
supplement to the Federal Acquisition Regulation that includes a 
definition of the term ``produce'' for purposes of implementing section 
2533b of title 10, United States Code.
    (c) <<NOTE: Deadline.>>  Completion of Review.--The Secretary shall 
complete the review required by subsection (a) and any necessary and 
appropriate revisions to the defense supplement to the Federal 
Acquisition Regulation not later than 270 days after the date of the 
enactment of this Act.
SEC. 824. <<NOTE: 10 USC 2320 note.>>  GUIDANCE RELATING TO RIGHTS 
                        IN TECHNICAL DATA.

    (a) Review of Guidance.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall review 
guidance issued by the military departments on the implementation of 
section 2320(e) of title 10, United States Code, to ensure that such 
guidance is consistent with the guidance issued by the Under Secretary 
of Defense for Acquisition, Technology, and Logistics and the 
requirements of this section. Such guidance shall be designed to ensure 
that the United States--
            (1) preserves the option of competition for contracts for 
        the production and sustainment of systems or subsystems that are 
        developed exclusively with Federal funds as defined in 
        accordance with the amendments made by this section; and
            (2) is not required to pay more than once for the same 
        technical data.

    (b) Rights in Technical Data.--Section 2320(a) of title 10, United 
States Code, is amended--
            (1) in paragraph (2)(F)(i)--
                    (A) by redesignating subclauses (I) and (II) as 
                subclauses (II) and (III), respectively; and
                    (B) by inserting before subclause (II), as so 
                redesignated, the following new subclause (I):
                          ``(I) rights in technical data described in 
                      subparagraph (A) for which a use or release 
                      restriction has been erroneously asserted by a 
                      contractor or subcontractor;''; and
            (2) in paragraph (3), by striking ``for the purposes of 
        definitions under this paragraph'' and inserting ``for the 
        purposes of paragraph (2)(B), but shall be considered to be 
        Federal funds for the purposes of paragraph (2)(A)''.

    (c) Validation of Proprietary Data Restrictions.--Section 2321(d)(2) 
of title 10, United States Code, is amended--
            (1) in subparagraph (A), by striking ``A challenge'' and 
        inserting ``Except as provided in subparagraph (C), a 
        challenge''; and
            (2) by adding at the end the following new subparagraph (C):

[[Page 124 STAT. 4270]]

    ``(C) The limitation in this paragraph shall not apply to a case in 
which the Secretary finds that reasonable grounds exist to believe that 
a contractor or subcontractor has erroneously asserted a use or release 
restriction with regard to technical data described in section 
2320(a)(2)(A) of this title.''.
SEC. 825. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF TASK 
                        AND DELIVERY ORDER CONTRACTS.

    Paragraph (3) of section 2304c(e) of title 10, United States Code, 
is amended to read as follows:
    ``(3) Paragraph (1)(B) and paragraph (2) of this subsection shall 
not be in effect after September 30, 2016.''.
SEC. 826. INCLUSION OF OPTION AMOUNTS IN LIMITATIONS ON AUTHORITY 
                        OF THE DEPARTMENT OF DEFENSE TO CARRY OUT 
                        CERTAIN PROTOTYPE PROJECTS.

    Section 845 of the National Defense Authorization Act for Fiscal 
Year 1994 (10 U.S.C. 2371 note) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A), by inserting ``(including 
                all options)'' after ``not in excess of $100,000,000''; 
                and
                    (B) in subparagraph (B), by inserting ``(including 
                all options)'' after ``in excess of $100,000,000''; and
            (2) in subsection (e)(3)(A), by inserting ``(including all 
        options)'' after ``does not exceed $50,000,000''.
SEC. 827. PERMANENT AUTHORITY FOR DEFENSE ACQUISITION CHALLENGE 
                        PROGRAM; PILOT EXPANSION OF PROGRAM.

    (a) Permanent Authority.--Section 2359b of title 10, United States 
Code, is amended--
            (1) by striking subsections (j) and (k); and
            (2) by redesignating subsection (l) as subsection (j).

    (b) Pilot Program.--Section 2359b of title 10, United States Code, 
as amended by subsection (a), is further amended by adding at the end 
the following new subsection (k):
    ``(k) Pilot Program for Programs Other Than Major Defense 
Acquisition Programs.--
            ``(1) In general.--The Under Secretary of Defense for 
        Acquisition, Technology, and Logistics shall carry out a pilot 
        program to expand the use of the authority provided in this 
        section to provide opportunities for the introduction of 
        innovative and cost-saving approaches to programs other than 
        major defense acquisition programs through the submission, 
        review, and implementation, where appropriate, of qualifying 
        proposals.
            ``(2) Qualifying proposals.--For purposes of this 
        subsection, a qualifying proposal is an offer to supply a 
        nondevelopmental item that--
                    ``(A) is evaluated as achieving a level of 
                performance that is at least equal to the level of 
                performance of an item being procured under a covered 
                acquisition program and as providing savings in excess 
                of 15 percent after considering all costs to the 
                Government of implementing such proposal; or
                    ``(B) is evaluated as achieving a level of 
                performance that is significantly better than the level 
                of performance of an item being procured under a covered 
                acquisition program without any increase in cost to the 
                Government.

[[Page 124 STAT. 4271]]

            ``(3) Review procedures.--The Under Secretary shall adopt 
        modifications as may be needed to the procedures applicable to 
        the Challenge Program to provide for Department of Defense 
        review of, and action on, qualifying proposals. Such procedures 
        shall include, at a minimum, the issuance of a broad agency 
        announcement inviting interested parties to submit qualifying 
        proposals in areas of interest to the Department.
            ``(4) Definitions.--In this subsection:
                    ``(A) Nondevelopmental item.--The term 
                `nondevelopmental item' has the meaning given that term 
                in section 4 of the Office of Federal Procurement Policy 
                Act (41 U.S.C. 403).
                    ``(B) Covered acquisition program.--The term 
                `covered acquisition program' means any acquisition 
                program of the Department of Defense other than a major 
                defense acquisition program, but does not include any 
                contract awarded under an exception to competitive 
                acquisition authorized by the Small Business Act (15 
                U.S.C. 631 et seq.)
                    ``(C) Level of performance.--The term `level of 
                performance', with respect to a nondevelopmental item, 
                means the extent to which the item demonstrates required 
                item functional characteristics.
            ``(5) Sunset.--The authority to carry out the pilot program 
        under this subsection shall terminate on the date that is five 
        years after the date of the enactment of this Act.''.
SEC. 828. ENERGY SAVINGS PERFORMANCE CONTRACTS.

    (a) Competition Requirements for Task or Delivery Orders Under 
Energy Savings Performance 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 proposes to discuss energy 
        savings performance services for some or all of its facilities 
        and, following a reasonable period of time to provide a proposal 
        in response to the notice, soliciting from such contractors the 
        submission of expressions of interest in, and contractor 
        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 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' respective qualifications to 
        implement potential energy conservation measures, including--
                    ``(i) requesting references and specific detailed 
                examples with respect to similar efforts and the 
                resulting energy savings of such similar efforts; and

[[Page 124 STAT. 4272]]

                    ``(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, feasibility designs and 
                studies, or similar assessments for the energy savings 
                performance contract services (or for discrete portions 
                of such services), for the purpose of allowing each such 
                contractor to submit a firm, fixed-price proposal to 
                implement specific energy conservation measures; or
                    ``(ii) one contractor (from among those selected 
                under subparagraph (C)) to conduct a site survey, 
                investigation, feasibility design and study, or similar 
                assessment for the purpose of allowing the contractor to 
                submit a firm, fixed-price proposal to implement 
                specific energy conservation measures;
            ``(E) providing a debriefing to any contractor not selected 
        under subparagraph (D);
            ``(F) negotiating a task or delivery order for energy 
        savings performance contracting services with the contractor or 
        contractors selected under subparagraph (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 energy 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 
Federal 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) <<NOTE: 42 USC 8287 note.>>  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. 829. DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECURITY.

    (a) Definitions.--Section 187 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e) Definitions.--In this section:
            ``(1) The term `materials critical to national security' 
        means materials--
                    ``(A) upon which the production or sustainment of 
                military equipment is dependent; and
                    ``(B) the supply of which could be restricted 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.
            ``(3) The term `secure supply', with respect to a material, 
        means the availability of a source or sources for the material, 
        including the full supply chain for the material and components 
        containing the material.''.

[[Page 124 STAT. 4273]]

    (b) Amendment Relating to Duties.--Subsection (b) of section 187 of 
such title <<NOTE: 10 USC 187.>>  is amended to read as follows:

    ``(b) Duties.--In addition to other matters assigned to it by the 
Secretary of Defense, the Board shall--
            ``(1) <<NOTE: Determination.>>  determine the need to 
        provide a long term secure supply of materials designated as 
        critical to national security to ensure that national defense 
        needs are met;
            ``(2) analyze the risk associated with each material 
        designated as critical to national security and the effect on 
        national defense that the nonavailability of such material would 
        have;
            ``(3) <<NOTE: Strategy.>>  recommend a strategy to the 
        President to ensure a secure supply of materials designated as 
        critical to national security;
            ``(4) <<NOTE: Strategies.>>  recommend such other strategies 
        to the President as the Board considers appropriate to 
        strengthen the industrial base with respect to materials 
        critical to national security; and
            ``(5) <<NOTE: Deadline. Federal Register, 
        publication. Recommenda- tions.>>  publish not less frequently 
        than once every two years in the Federal Register 
        recommendations regarding materials critical to national 
        security, including a list of specialty metals, if any, 
        recommended for addition to, or removal from, the definition of 
        `specialty metal' for purposes of section 2533b of this 
        title.''.

                     Subtitle D--Contractor Matters

SEC. 831. OVERSIGHT AND ACCOUNTABILITY OF CONTRACTORS PERFORMING 
                        PRIVATE SECURITY FUNCTIONS IN AREAS OF 
                        COMBAT OPERATIONS.

    (a) Enhancement of Oversight and Accountability.--Section 862 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 2302 note) is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (A), by striking ``comply with 
                regulations'' and inserting ``ensure that the contractor 
                and all employees of the contractor or any subcontractor 
                who are responsible for performing private security 
                functions under such contract comply with regulations'';
                    (B) in subparagraph (B)--
                          (i) by striking ``comply with'' and all that 
                      follows through ``in accordance with'' and 
                      inserting ``ensure that the contractor and all 
                      employees of the contractor or any subcontractor 
                      who are responsible for performing private 
                      security functions under such contract comply 
                      with''; and
                          (ii) by striking ``and'' at the end;
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(D) ensure that the contract clause is included in 
                subcontracts awarded to any subcontractor at any tier 
                who is responsible for performing private security 
                functions under the contract.'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (f) and (g), respectively; and

[[Page 124 STAT. 4274]]

            (3) by inserting after subsection (b) the following new 
        subsections:

    ``(c) Oversight.--It shall be the responsibility of the head of the 
contracting activity responsible for each covered contract to ensure 
that the contracting activity takes appropriate steps to assign 
sufficient oversight personnel to the contract to--
            ``(1) ensure that the contractor responsible for performing 
        private security functions under such contract comply with the 
        regulatory requirements prescribed pursuant to subsection (a) 
        and the contract requirements established pursuant to subsection 
        (b); and
            ``(2) make the determinations required by subsection (d).

    ``(d) Remedies.--The failure of a contractor under a covered 
contract to comply with the requirements of the regulations prescribed 
under subsection (a) or the contract clause inserted in a covered 
contract pursuant to subsection (b), as determined by the contracting 
officer for the covered contract--
            ``(1) shall be included in appropriate databases of past 
        performance and considered in any responsibility determination 
        or evaluation of the past performance of the contractor for the 
        purpose of a contract award decision, as provided in section 
        6(j) of the Office of Federal Procurement Policy Act (41 U.S.C. 
        405(j));
            ``(2) in the case of an award fee contract--
                    ``(A) shall be considered in any evaluation of 
                contract performance by the contractor for the relevant 
                award fee period; and
                    ``(B) may be a basis for reducing or denying award 
                fees for such period, or for recovering all or part of 
                award fees previously paid for such period; and
            ``(3) in the case of a failure to comply that is severe, 
        prolonged, or repeated--
                    ``(A) shall be referred to the suspension or 
                debarment official for the appropriate agency; and
                    ``(B) may be a basis for suspension or debarment of 
                the contractor.

    ``(e) Rule of Construction.--The duty of a contractor under a 
covered contract to comply with the requirements of the regulations 
prescribed under subsection (a) and the contract clause inserted into a 
covered contract pursuant to subsection (b), and the availability of the 
remedies provided in subsection (d), shall not be reduced or diminished 
by the failure of a higher or lower tier contractor under such contract 
to comply with such requirements, or by a failure of the contracting 
activity to provide the oversight required by subsection (c).''.
    (b) Revised Regulations and Contract Clause.--
            (1) Deadline for regulations.--Not later than 60 days after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall revise the regulations prescribed pursuant to section 862 
        of the National Defense Authorization Act for Fiscal Year 2008 
        (Public Law 110-181; 10 U.S.C. 2302 note) to incorporate the 
        requirements of the amendments made by subsection (a).
            (2) Commencement of applicability of revisions.--The 
        revision of regulations under paragraph (1) shall apply to the 
        following:

[[Page 124 STAT. 4275]]

                    (A) Any contract that is awarded on or after the 
                date that is 120 days after the date of the enactment of 
                this Act.
                    (B) Any task or delivery order that is issued on or 
                after the date that is 120 days after the date of the 
                enactment of this Act pursuant to a contract that is 
                awarded before, on, or after the date that is 120 days 
                after the date of the enactment of this Act.
            (3) Commencement of inclusion of contract clause.--A 
        contract clause that reflects the revision of regulations 
        required by the amendments made by subsection (a) shall be 
        inserted, as required by such section 862, into the following:
                    (A) Any contract described in paragraph (2)(A).
                    (B) Any task or delivery order described in 
                paragraph (2)(B).
SEC. 832. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING 
                        PRIVATE SECURITY FUNCTIONS TO AREAS OF 
                        OTHER SIGNIFICANT MILITARY OPERATIONS.

    (a) Areas of Other Significant Military Operations.--Section 862 of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 10 U.S.C. 2302 note), as amended by section 831, is further 
amended--
            (1) by striking ``combat operations'' each place it appears 
        and inserting ``combat operations or other significant military 
        operations''; and
            (2) in subsection (f), as redesignated by such section 831--
                    (A) by redesignating paragraphs (2), (3), and (4) as 
                paragraphs (3), (4), and (5), respectively;
                    (B) in paragraph (1)--
                          (i) by inserting ``either'' after 
                      ``constituting''; and
                          (ii) by adding at the end the following: ``In 
                      making designations under this paragraph, the 
                      Secretary shall ensure that an area is not 
                      designated in whole or part as both an area of 
                      combat operations and an area of other significant 
                      military operations.''; and
                    (C) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) <<NOTE: Definition.>>  Other significant military 
        operations.--For purposes of this section, the term `other 
        significant military operations' means activities, other than 
        combat operations, as part of an overseas contingency operation 
        that are carried out by United States Armed Forces in an 
        uncontrolled or unpredictable high-threat environment where 
        personnel performing security functions may be called upon to 
        use deadly force.''.

    (b) Additional Areas Considered for Designation.--
            (1) <<NOTE: Deadline.>>  Determination required for certain 
        areas.--Not later than 150 days after the date of the enactment 
        of this Act, the Secretary of Defense shall make a written 
        determination for each of the following areas regarding whether 
        or not the area constitutes an area of combat operations or an 
        area of other significant military operations for purposes of 
        designation as such an area under section 862 of the National 
        Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
        181; 10 U.S.C. 2302 note), as amended by this section:
                    (A) The Horn of Africa region.
                    (B) Yemen.

[[Page 124 STAT. 4276]]

                    (C) The Philippines.
            (2) <<NOTE: Deadline.>>  Submission to congress.--Not later 
        than 180 days after the date of the enactment of this Act, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a copy of each written determination under paragraph 
        (1), together with an explanation of the basis for such 
        determination.

    (c) Limitation and Exception.--Section 862 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 
2302 note), as amended by subsection (a) and by section 831, is further 
amended--
            (1) by redesignating subsection (g), as redesignated by such 
        section 831, as subsection (h) and inserting after subsection 
        (f) the following new subsection (g):

    ``(g) <<NOTE: Applicability.>>  Limitation.--With respect to an area 
of other significant military operations, the requirements of this 
section shall apply only upon agreement of the Secretary of Defense and 
the Secretary of State. An agreement of the Secretaries under this 
subsection may be made only on an area-by-area basis. With respect to an 
area of combat operations, the requirements of this section shall always 
apply.''; and
            (2) in subsection (h), as so redesignated--
                    (A) by striking the subsection designation and 
                ``Exception.--'' and inserting the following:

    ``(h) Exceptions.--
            ``(1) Intelligence activities.--''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Nongovernmental organizations.--The requirements of 
        this section shall not apply to a nonprofit nongovernmental 
        organization receiving grants or cooperative agreements for 
        activities conducted within an area of other significant 
        military operations if the Secretary of Defense and the 
        Secretary of State agree that such organization may be exempted. 
        An exemption may be granted by the agreement of the Secretaries 
        under this paragraph on an organization-by-organization or area-
        by-area basis. Such an exemption may not be granted with respect 
        to an area of combat operations.''.

    (d) Report on Implementation.--Not later than 180 days after a 
designation of an area as an area of combat operations or an area of 
other significant military operations pursuant to subsection (b)(2), the 
Secretary of Defense, in coordination with the Secretary of State, shall 
submit to Congress a report on steps taken or planned to be taken to 
implement the regulations prescribed under section 862 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 
U.S.C. 2302 note) in such area. In the case of any agreement by the 
Secretaries to limit the applicability of such section or exempt 
nongovernmental organizations from such section, pursuant to subsections 
(g) or (h)(1) of such section (as added by subsection (c)), the report 
shall document the basis for such agreement.
SEC. 833. <<NOTE: 10 USC 2302 note.>>  STANDARDS AND CERTIFICATION 
                        FOR PRIVATE SECURITY CONTRACTORS.

    (a) Review of Third-Party Standards and Certification Processes.--
Not later than 90 days <<NOTE: Deadline.>>  after the date of the 
enactment of this Act, the Secretary of Defense shall--
            (1) <<NOTE: Determination.>>  determine whether the private 
        sector has developed--

[[Page 124 STAT. 4277]]

                    (A) operational and business practice standards 
                applicable to private security contractors; and
                    (B) third-party certification processes for 
                determining whether private security contractors adhere 
                to standards described in subparagraph (A); and
            (2) review any standards and processes identified pursuant 
        to paragraph (1) to determine whether the application of such 
        standards and processes will make a substantial contribution to 
        the successful performance of private security functions in 
        areas of combat operations or other significant military 
        operations.

    (b) <<NOTE: Deadline. Criteria.>>  Revised Regulations.--Not later 
than 270 days after the date of the enactment of this Act, the Secretary 
of Defense shall revise the regulations promulgated under section 862 of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 10 U.S.C. 2302 note) to ensure that such regulations--
            (1) establish criteria for defining standard practices for 
        the performance of private security functions, which shall 
        reflect input from industry representatives as well as the 
        Inspector General of the Department of Defense; and
            (2) establish criteria for weapons training programs for 
        contractors performing private security functions, including 
        minimum requirements for weapons training programs of 
        instruction and minimum qualifications for instructors for such 
        programs.

    (c) Inclusion of Third-Party Standards and Certifications in Revised 
Regulations.--
            (1) Standards.--If the Secretary determines that the 
        application of operational and business practice standards 
        identified pursuant to subsection (a)(1)(A) will make a 
        substantial contribution to the successful performance of 
        private security functions in areas of combat operations or 
        other significant military operations, the revised regulations 
        promulgated pursuant to subsection (b) shall incorporate a 
        requirement to comply with such standards, subject to such 
        exceptions as the Secretary may determine to be necessary.
            (2) Certifications.--If the Secretary determines that the 
        application of a third-party certification process identified 
        pursuant to subsection (a)(1)(B) will make a substantial 
        contribution to the successful performance of private security 
        functions in areas of combat operations or other significant 
        military operations, the revised regulations promulgated 
        pursuant to subsection (b) may provide for the consideration of 
        such certifications as a factor in the evaluation of proposals 
        for award of a covered contract for the provision of private 
        security functions, subject to such exceptions as the Secretary 
        may determine to be necessary.

    (d) Definitions.--In this section:
            (1) Covered contract.--The term ``covered contract'' means--
                    (A) a contract of the Department of Defense for the 
                performance of services;
                    (B) a subcontract at any tier under such a contract; 
                or
                    (C) a task order or delivery order issued under such 
                a contract or subcontract.

[[Page 124 STAT. 4278]]

            (2) Contractor.--The term ``contractor'' means, with respect 
        to a covered contract, the contractor or subcontractor carrying 
        out the covered contract.
            (3) Private security functions.--The term ``private security 
        functions'' means activities engaged in by a contractor under a 
        covered contract as follows:
                    (A) Guarding of personnel, facilities, or property 
                of a Federal agency, the contractor or subcontractor, or 
                a third party.
                    (B) Any other activity for which personnel are 
                required to carry weapons in the performance of their 
                duties.

    (e) Exception.--The requirements of this section shall not apply to 
contracts entered into by elements of the intelligence community in 
support of intelligence activities.
SEC. 834. ENHANCEMENTS OF AUTHORITY OF SECRETARY OF DEFENSE TO 
                        REDUCE OR DENY AWARD FEES TO COMPANIES 
                        FOUND TO JEOPARDIZE THE HEALTH OR SAFETY 
                        OF GOVERNMENT PERSONNEL.

    (a) Expansion of Dispositions Subject to Authority.--Section 823 of 
the National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 2412; 10 U.S.C. 2302 note) is amended--
            (1) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(5) In an administrative proceeding, a final determination 
        of contractor fault by the Secretary of Defense pursuant to 
        subsection (d).'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (3) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) Determinations of Contractor Fault by Secretary of Defense.--
            ``(1)  In general.--In any case described by paragraph (2), 
        the Secretary of Defense shall--
                    ``(A) provide for an expeditious independent 
                investigation of the causes of the serious bodily injury 
                or death alleged to have been caused by the contractor 
                as described in that paragraph; and
                    ``(B) make a final determination, pursuant to 
                procedures established by the Secretary for purposes of 
                this subsection, whether the contractor, in the 
                performance of a covered contract, caused such serious 
                bodily injury or death through gross negligence or with 
                reckless disregard for the safety of civilian or 
                military personnel of the Government.
            ``(2) Covered cases.--A case described in this paragraph is 
        any case in which the Secretary has reason to believe that--
                    ``(A) a contractor, in the performance of a covered 
                contract, may have caused the serious bodily injury or 
                death of any civilian or military personnel of the 
                Government; and
                    ``(B) such contractor is not subject to the 
                jurisdiction of United States courts.
            ``(3) Construction of determination.--A final determination 
        under this subsection may be used only for the purpose

[[Page 124 STAT. 4279]]

        of evaluating contractor performance, and shall not be 
        determinative of fault for any other purpose.''.

    (b) Definition of Contractor.--Paragraph (1) of subsection (e) of 
such section, as redesignated by subsection (a)(2) of this section, is 
amended <<NOTE: 10 USC 2302 note.>>  to read as follows:
            ``(1) The term `contractor' means a company awarded a 
        covered contract and a subcontractor at any tier under such 
        contract.''.

    (c) Technical Amendment.--Subsection (c) of such section is further 
amended in the matter preceding paragraph (1) by striking ``subsection 
(a)'' and inserting ``subsection (b)''.
    (d) Inclusion of Determinations of Contractor Fault in Database for 
Federal Agency Contract and Grant Officers and Suspension and Debarment 
Officials.--Section 872(c)(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4556) <<NOTE: 41 USC 2313.>>  is amended by adding at the end the 
following new subparagraph:
                    ``(E) In an administrative proceeding, a final 
                determination of contractor fault by the Secretary of 
                Defense pursuant to section 823(d) of the National 
                Defense Authorization Act for Fiscal Year 2010 (10 
                U.S.C. 2302 note).''.

    (e) <<NOTE: Applicability. 10 USC 2302 note.>>  Effective Date.--The 
requirements of section 823 of the National Defense Authorization Act 
for Fiscal Year 2010, as amended by subsections (a) through (c), shall 
apply with respect to the following:
            (1) Any contract entered into on or after the date of the 
        enactment of this Act.
            (2) Any task order or delivery order issued on or after the 
        date of the enactment of this Act under a contract entered into 
        before, on, or after that date.
SEC. 835. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON 
                        CONTRACTING IN IRAQ AND AFGHANISTAN.

    Section 863 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended to read 
as follows:
``SEC. 863. ANNUAL JOINT REPORT AND COMPTROLLER GENERAL REVIEW ON 
                        CONTRACTING IN IRAQ AND AFGHANISTAN.

    ``(a) Joint Report Required.--
            ``(1) In general.--Except as provided in paragraph (6), 
        every 12 months, the Secretary of Defense, the Secretary of 
        State, and the Administrator of the United States Agency for 
        International Development shall submit to the relevant 
        committees of Congress a joint report on contracts in Iraq or 
        Afghanistan.
            ``(2) Primary matters covered.--A report under this 
        subsection shall, at a minimum, cover the following with respect 
        to contracts in Iraq and Afghanistan during the reporting 
        period:
                    ``(A) Total number of contracts awarded.
                    ``(B) Total number of active contracts.
                    ``(C) Total value of all contracts awarded.
                    ``(D) Total value of active contracts.
                    ``(E) The extent to which such contracts have used 
                competitive procedures.

[[Page 124 STAT. 4280]]

                    ``(F) Total number of contractor personnel working 
                on contracts at the end of each quarter of the reporting 
                period.
                    ``(G) Total number of contractor personnel who are 
                performing security functions at the end of each quarter 
                of the reporting period.
                    ``(H) Total number of contractor personnel killed or 
                wounded.
            ``(3) Additional matters covered.--A report under this 
        subsection shall also cover the following:
                    ``(A) The sources of information and data used to 
                compile the information required under paragraph (2).
                    ``(B) A description of any known limitations of the 
                data reported under paragraph (2), including known 
                limitations of the methodology and data sources used to 
                compile the report.
                    ``(C) Any plans for strengthening collection, 
                coordination, and sharing of information on contracts in 
                Iraq and Afghanistan through improvements to the common 
                databases identified under section 861(b)(4).
            ``(4) Reporting period.--A report under this subsection 
        shall cover a period of not less than 12 months.
            ``(5) Submission of reports.--The Secretaries and the 
        Administrator shall submit an initial report under this 
        subsection not later than February 1, 2011, and shall submit an 
        updated report by February 1 of every year thereafter until 
        February 1, 2013.
            ``(6) Exception.--If the total annual amount of obligations 
        for contracts in Iraq and Afghanistan combined is less than 
        $250,000,000 for the reporting period, for all three agencies 
        combined, the Secretaries and the Administrator may submit, in 
        lieu of a report, a letter stating the applicability of this 
        paragraph, with such documentation as the Secretaries and the 
        Administrator consider appropriate.
            ``(7) Estimates.--In determining the total number of 
        contractor personnel working on contracts under paragraph 
        (2)(F), the Secretaries and the Administrator may use estimates 
        for any category of contractor personnel for which they 
        determine it is not feasible to provide an actual count. The 
        report shall fully disclose the extent to which estimates are 
        used in lieu of an actual count.

    ``(b) Comptroller General Review and Report.--
            ``(1) In general.--Within 180 days after submission 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 of the United States shall review the joint 
        report and submit to the relevant committees of Congress a 
        report on such review.
            ``(2) Matters covered.--A report under this subsection 
        shall, at minimum--
                    ``(A) assess the data and data sources used in 
                developing the joint report;
                    ``(B) review how the Department of Defense, the 
                Department of State, and the United States Agency for 
                International Development are using the data and the 
                data sources used to develop the joint report in 
                managing, overseeing, and coordinating contracting in 
                Iraq and Afghanistan;

[[Page 124 STAT. 4281]]

                    ``(C) assess the plans of the departments and agency 
                for strengthening or improving the common databases 
                identified under section 861(b)(4); and
                    ``(D) review and make recommendations on any 
                specific contract or class of contracts that the 
                Comptroller General determines raises issues of 
                significant concern.
            ``(3) Access to databases and other information.--The 
        Secretary of Defense, the Secretary of State, and the 
        Administrator of the United States Agency for International 
        Development shall provide to the Comptroller General full access 
        to information on contracts in Iraq and Afghanistan for the 
        purposes of the review carried out under this subsection, 
        including the common databases identified under section 
        861(b)(4).''.

                        Subtitle E--Other Matters

SEC. 841. IMPROVEMENTS TO STRUCTURE AND FUNCTIONING OF JOINT 
                        REQUIREMENTS OVERSIGHT COUNCIL.

    (a) Vice Chairman of Joint Chiefs of Staff To Be Chairman of 
Council.--Subsection (c) of section 181 of title 10, United States Code, 
is amended--
            (1) in paragraph (1), by inserting ``Vice'' before 
        ``Chairman of the Joint Chiefs of Staff'';
            (2) in paragraph (2), by striking ``, other than the 
        Chairman of the Joint Chiefs of Staff,'' and inserting ``under 
        subparagraphs (B), (C), (D), and (E) of paragraph (1)''; and
            (3) by striking paragraph (3).

    (b) Role of Commanders of Combatant Commands as Members of 
Council.--Paragraph (1) of subsection (c) of such section is further 
amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(F) in addition, when directed by the chairman, the 
        commander of any combatant command (or, as directed by that 
        commander, the deputy commander of that command) when matters 
        related to the area of responsibility or functions of that 
        command will be under consideration by the Council.''.

    (c) Civilian Advisors.--
            (1) Additional civilian advisors.--Subsection (d) of such 
        section is amended by striking ``The Under Secretary'' and all 
        that follows through ``and expertise.'' and inserting: ``The 
        following officials of the Department of Defense shall serve as 
        advisors to the Council on matters within their authority and 
        expertise:
                    ``(A) The Under Secretary of Defense for 
                Acquisition, Technology, and Logistics.
                    ``(B) The Under Secretary of Defense (Comptroller).
                    ``(C) The Under Secretary of Defense for Policy.
                    ``(D) The Director of Cost Assessment and Program 
                Evaluation.
                    ``(E) The Director of Operational Test and 
                Evaluation.
                    ``(F) Such other civilian officials of the 
                Department of Defense as are designated by the Secretary 
                of Defense for purposes of this subsection.''.

[[Page 124 STAT. 4282]]

            (2) Conforming amendment.--Subsection (b)(3) of such section 
        is amended <<NOTE: 10 USC 181.>>  by striking ``Under Secretary 
        of Defense (Comptroller), the Under Secretary of Defense for 
        Acquisition, Technology, and Logistics, and the Director of Cost 
        Assessment and Performance Evaluation'' and inserting ``advisors 
        to the Council under subsection (d)''.

    (d) Recognition of Permanent Nature of Council.--Subsection (a) of 
such section is amended by striking ``The Secretary of Defense shall 
establish'' and inserting ``There is''.
SEC. 842. DEPARTMENT OF DEFENSE POLICY ON ACQUISITION AND 
                        PERFORMANCE OF SUSTAINABLE PRODUCTS AND 
                        SERVICES.

    (a) Finding.--Congress finds the following:
            (1) Executive Order No. 13514, dated October 5, 2009, 
        requires the departments and agencies of the Federal Government 
        to establish an integrated strategy towards the procurement of 
        sustainable products and services.
            (2) The Department of Defense Strategic Sustainability 
        Performance Plan, issued in August 2010, provides a framework 
        for the Department's compliance with Executive Order No. 13514 
        and other applicable sustainability requirements.

    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall submit 
        to the congressional defense committees a report on the status 
        of the achievement by the Department of Defense of the 
        objectives and goals on the procurement of sustainable products 
        and services established by section 2(h) of Executive Order No. 
        13514.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A description of the actions taken, and to be 
                taken, by the Department to identify particular 
                sustainable products and services that contribute to the 
                achievement of the objectives and goals described in 
                paragraph (1).
                    (B) An assessment of the tools available to the 
                Department to promote the use of particular sustainable 
                products and services identified pursuant to the actions 
                described in subparagraph (A) across the Department, and 
                a description of the actions taken, and to be taken, by 
                the Department to use such tools.
                    (C) A description of strategies and tools identified 
                by the Department that could assist the other 
                departments and agencies of the Federal Government in 
                procuring sustainable products and services, including a 
                description of mechanisms for sharing best practices in 
                such procurement, as identified by the Department, among 
                the other departments and agencies of the Federal 
                Government.
                    (D) An assessment of the progress the Department has 
                made toward the achievement of the objectives and goals 
                described in paragraph (1), including the scorecard 
                identified in its Strategic Sustainability Performance 
                Plan.
SEC. 843. ASSESSMENT AND PLAN FOR CRITICAL RARE EARTH MATERIALS IN 
                        DEFENSE APPLICATIONS.

    (a) Assessment Required.--

[[Page 124 STAT. 4283]]

            (1) In general.--The Secretary of Defense shall undertake an 
        assessment of the supply and demand for rare earth materials in 
        defense applications and identify which, if any, rare earth 
        material meets both of the following criteria:
                    (A) The rare earth material is critical to the 
                production, sustainment, or operation of significant 
                United States military equipment.
                    (B) The rare earth material is subject to 
                interruption of supply, based on actions or events 
                outside the control of the Government of the United 
                States.
            (2) Evaluation of supply.--The assessment shall include a 
        comprehensive evaluation of the long-term security and 
        availability of all aspects of the supply chain for rare earth 
        materials in defense applications, particularly the location and 
        number of sources at each step of the supply chain, including--
                    (A) mining of rare earth ores;
                    (B) separation of rare earth oxides;
                    (C) refining and reduction of rare earth metals;
                    (D) creation of rare earth alloys;
                    (E) manufacturing of components and systems 
                containing rare earth materials; and
                    (F) recycling of components and systems to reclaim 
                and reuse rare earth materials.
            (3) Evaluation of demand.--The assessment shall include a 
        comprehensive evaluation of the demand for and usage of rare 
        earth materials in all defense applications, including--
                    (A) approximations of the total amounts of 
                individual rare earth materials used in defense 
                applications;
                    (B) determinations of which, if any, defense 
                applications are dependent upon rare earth materials for 
                proper operation and functioning; and
                    (C) assessments of the feasibility of alternatives 
                to usage of rare earth materials in defense 
                applications.
            (4) Other studies and agencies.--Any applicable studies 
        conducted by the Department of Defense, the Comptroller General 
        of the United States, or other Federal agencies during fiscal 
        year 2010 may be considered as partial fulfillment of the 
        requirements of this section. The Secretary may consider the 
        views of other Federal agencies, as appropriate.
            (5) Specific material included.--At a minimum, the Secretary 
        shall identify sintered neodymium iron boron magnets as meeting 
        the criteria specified in paragraph (1).

    (b) <<NOTE: Deadline.>>  Plan.--For each rare earth material 
identified pursuant to subsection (a)(1), the Secretary shall develop a 
plan to ensure the long-term availability of such rare earth material, 
with a goal of establishing an assured source of supply of such material 
in critical defense applications by December 31, 2015. In developing the 
plan, the Secretary shall consider all aspects of the material's supply 
chain, as described in subsection (a)(2). The plan shall include 
consideration of numerous risk mitigation methods 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 Secretary's ability to ensure 
        the long-term availability of such material or the ability to 
        meet the

[[Page 124 STAT. 4284]]

        goal of establishing an assured source of supply of such 
        material by December 31, 2015;
            (3) an assessment of the availability of financing to 
        industry, academic institutions, or not-for-profit entities to 
        provide the capacity required to ensure the availability of the 
        material, as well as potential mechanisms to increase the 
        availability of such financing;
            (4) an assessment of the benefits, if any, of Defense 
        Production Act funding to support the establishment of an 
        assured source of supply for military components;
            (5) an assessment of funding for research and development 
        related to any aspect of the rare earth material supply chain or 
        research on alternatives and substitutes;
            (6) any other risk mitigation method determined appropriate 
        by the Secretary that is consistent with the goal of 
        establishing an assured source of supply by December 31, 2015; 
        and
            (7) for steps of the rare earth material supply chain for 
        which no other risk mitigation method, as described in 
        paragraphs (1) through (6), will ensure an assured source of 
        supply 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 Secretary of Defense shall submit 
        to the congressional committees described in paragraph (2) a 
        report containing the findings of the assessment required under 
        subsection (a) and the plan developed under subsection (b).
            (2) Congressional committees.--The congressional committees 
        described in this paragraph are as follows:
                    (A) The congressional defense committees.
                    (B) The Committee on Science and Technology, the 
                Committee on Financial Services, and the Committee on 
                Ways and Means of the House of Representatives.
                    (C) The Committee on Energy and Natural Resources, 
                the Committee on Finance, and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate.
SEC. 844. REVIEW OF NATIONAL SECURITY EXCEPTION TO COMPETITION.

    (a) Review Required.--The Comptroller General of the United States 
shall review the use of the national security exception to full and open 
competition provided in section 2304(c)(6) of title 10, United States 
Code, by the Department of Defense.
    (b) Matters Reviewed.--The review of the use 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 acquired through 
        the use of such exception;
            (3) the process for reviewing and approving justifications 
        involving such exception;

[[Page 124 STAT. 4285]]

            (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 procurements for items 
        or services acquired using such exception; and
            (6) potential additional instances where such exception 
        could be applied and any authorities available to the Department 
        other than such exception that could be applied in such 
        instances.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Comptroller General shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
on the review required by subsection (a), including a discussion 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.
SEC. 845. <<NOTE: 10 USC 428 note.>>  REQUIREMENT FOR ENTITIES 
                        WITH FACILITY CLEARANCES THAT ARE NOT 
                        UNDER FOREIGN OWNERSHIP CONTROL OR 
                        INFLUENCE MITIGATION.

    (a) <<NOTE: Plans.>>  Requirement.--The Secretary of Defense shall 
develop a plan to ensure that covered entities employ and maintain 
policies and procedures that meet requirements under the national 
industrial security program. In developing the plan, the Secretary shall 
consider whether or not covered entities, or any category of covered 
entities, should be required to establish government security committees 
similar to those required for companies that are subject to foreign 
ownership control or influence mitigation measures.

    (b) Covered Entity.--A covered entity under this section is an 
entity--
            (1) to which the Department of Defense has granted a 
        facility clearance; and
            (2) that is not subject to foreign ownership control or 
        influence mitigation measures.

    (c) Guidance.--The Secretary of Defense shall issue guidance, 
including appropriate compliance mechanisms, to implement the 
requirement in subsection (a). To the extent determined appropriate by 
the Secretary, the guidance shall require covered entities, or any 
category of covered entities, to establish government security 
committees similar to those required for companies that are subject to 
foreign ownership control or influence mitigation measures.
    (d) Report.--Not later than 270 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
plan developed pursuant to subsection (a) and the guidance issued 
pursuant to subsection (c). The report shall specifically address the 
rationale for the Secretary's decision on whether or not to require 
covered entities, or any category of covered entities, to establish 
government security committees similar to those required for companies 
that are subject to foreign ownership control or influence mitigation 
measures.
SEC. 846. <<NOTE: 10 USC 2534 note.>>  PROCUREMENT OF PHOTOVOLTAIC 
                        DEVICES.

    (a) Contract Requirement.--The Secretary of Defense shall ensure 
that each contract described in subsection (b) awarded by

[[Page 124 STAT. 4286]]

the Department of Defense includes a provision requiring the 
photovoltaic devices provided under the contract to comply with the Buy 
American Act (41 U.S.C. 10a et seq.), subject to the exceptions to that 
Act provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et 
seq.) or otherwise provided by law.
    (b) Contracts Described.--The contracts described in this subsection 
include energy savings performance contracts, utility service contracts, 
land leases, and private housing contracts, to the extent that such 
contracts result in ownership of photovoltaic devices by the Department 
of Defense. For the purposes of this section, the Department of Defense 
is deemed to own a photovoltaic device if the device is--
            (1) installed on Department of Defense property or in a 
        facility owned by the Department of Defense; and
            (2) reserved for the exclusive use of the Department of 
        Defense for the full economic life of the device.

    (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. NON-AVAILABILITY EXCEPTION FROM BUY AMERICAN 
                        REQUIREMENTS FOR PROCUREMENT OF HAND OR 
                        MEASURING TOOLS.

    Section 2533a(c) of title 10, United States Code, is amended by 
striking ``subsection (b)(1)'' and inserting ``subsection (b)''.
SEC. 848. CONTRACTOR LOGISTICS SUPPORT OF CONTINGENCY OPERATIONS.

    (a) Defense Science Board Review of Organization, Training, and 
Planning.--Not later than <<NOTE: Deadline.>>  90 days after the date of 
the enactment of this Act, the Secretary of Defense shall direct the 
Defense Science Board to carry out a review of Department of Defense 
organization, doctrine, training, and planning for contractor logistics 
support of contingency operations.

    (b) Matters To Be Addressed.--
            (1) In general.--The matters addressed by the review 
        required by subsection (a) shall include, at a minimum, the 
        following:
                    (A) Department of Defense policies and procedures 
                for planning for contractor logistics support of 
                contingency operations.
                    (B) Department organization and staffing for the 
                implementation of such policies and procedures.
                    (C) The development of Department doctrine for 
                contractor logistics support of contingency operations.
                    (D) The training of Department military and civilian 
                personnel for the planning, management, and oversight of 
                contractor logistics support of contingency operations.
                    (E) The extent to which the Department should rely 
                upon contractor logistics support in future contingency 
                operations, and the risks associated with reliance on 
                such support.
                    (F) Any logistics support functions for contingency 
                operations for which the Department should establish or 
                retain an organic capability.
                    (G) The scope and level of detail on contractor 
                logistics support of contingency operations that is 
                currently included

[[Page 124 STAT. 4287]]

                in operational plans, and that should be included in 
                operational plans.
                    (H) Contracting mechanisms and contract vehicles 
                that are currently used, and should be used, to provide 
                contractor logistics support of contingency operations.
                    (I) Department organization and staffing for the 
                management and oversight of contractor logistics support 
                of contingency operations.
                    (J) Actions that could be taken to improve 
                Department management and oversight of contractors 
                providing logistics support of contingency operations.
                    (K) The extent to which logistics support of 
                contingency operations has been, and should be, provided 
                by subcontractors, and the advantages and disadvantages 
                of reliance upon subcontractors for that purpose.
                    (L) The extent to which logistics support of 
                contingency operations has been, and should be, provided 
                by local nationals and third country nationals, and the 
                advantages and disadvantages of reliance upon such 
                sources for that purpose.
            (2) Findings and recommendations.--The review required by 
        subsection (a) shall include findings and recommendations 
        related to--
                    (A) legislative or policy guidance to address the 
                matters listed in paragraph (1); and
                    (B) whether and to what extent the quadrennial 
                defense review (conducted pursuant to section 118 of 
                title 10, United States Code) or assessments by the 
                Chairman of the Joint Chiefs of Staff for the biennial 
                review of the national military strategy (conducted 
                pursuant to section 153(d) of such title) should be 
                required to address requirements for contractor support 
                of the Armed Forces in conducting peacetime training, 
                peacekeeping, overseas contingency operations, and major 
                combat operations, and the risks associated with such 
                support.

    (c) 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 results of the review required by subsection 
(a). The report shall include the findings and recommendations of the 
Defense Science Board, including such recommendations for legislative or 
administrative action as the Board considers appropriate, together with 
any comments the Secretary considers appropriate.

 Subtitle <<NOTE: Improve Acquisition Act of 2010. 10 USC 2545 note.>>  
F--Improve Acquisition Act
SEC. 860. SHORT TITLE.

    This subtitle may be cited as the ``Improve Acquisition Act of 
2010''.

[[Page 124 STAT. 4288]]

                   PART I--DEFENSE ACQUISITION SYSTEM

SEC. 861. IMPROVEMENTS TO THE MANAGEMENT OF THE DEFENSE 
                        ACQUISITION SYSTEM.

    (a) Management of the Defense Acquisition System.--Part IV of title 
10, United States Code, <<NOTE: 10 USC 2545.>>  is amended by inserting 
after chapter 148 the following new chapter:

                ``CHAPTER 149--DEFENSE ACQUISITION SYSTEM

``Sec.
``2545. Definitions.
``2546. Civilian management of the defense acquisition system.
``2547. Acquisition-related functions of chiefs of the armed forces.
``2548. Performance assessments of the defense acquisition system.

``Sec. 2545. Definitions

    ``In this chapter:
            ``(1) The term `acquisition' has the meaning provided in 
        section 4(16) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 403(16)).
            ``(2) The term `defense acquisition system' means the 
        workforce engaged in carrying out the acquisition of property 
        and services for the Department of Defense; the management 
        structure responsible for directing and overseeing the 
        acquisition of property and services for the Department of 
        Defense; and the statutory, regulatory, and policy framework 
        that guides the acquisition of property and services for the 
        Department of Defense.
            ``(3) The term `element of the defense acquisition system' 
        means an organization that employs members of the acquisition 
        workforce, carries out acquisition functions, and focuses 
        primarily on acquisition.
            ``(4) The term `acquisition workforce' has the meaning 
        provided in section 101(a)(18) of this title.
``Sec. 2546. Civilian management of the defense acquisition system

    ``(a) Responsibility of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics.--Subject to the authority, 
direction and control of the Secretary of Defense, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall be 
responsible for the management of the defense acquisition system and 
shall exercise such control of the system and perform such duties as are 
necessary to ensure the successful and efficient operation of the 
defense acquisition system, including the duties enumerated and assigned 
to the Under Secretary elsewhere in this title.
    ``(b) Responsibility of the Service Acquisition Executives.--Subject 
to the direction of the Under Secretary of Defense for Acquisition, 
Technology, and Logistics on matters pertaining to acquisition, and 
subject to the authority, direction, and control of the Secretary of the 
military department concerned, a service acquisition executive of a 
military department shall be responsible for the management of elements 
of the defense acquisition system in that military department and shall 
exercise such control of the system and perform such duties as are 
necessary to ensure

[[Page 124 STAT. 4289]]

the successful and efficient operation of such elements of the defense 
acquisition system.
``Sec. 2547. Acquisition-related functions of chiefs of the armed 
                  forces

    ``(a) Performance of Certain Acquisition-related Functions.--The 
Secretary of Defense shall ensure that the Chief of Staff of the Army, 
the Chief of Naval Operations, the Chief of Staff of the Air Force, and 
the Commandant of the Marine Corps assist the Secretary of the military 
department concerned in the performance of the following acquisition-
related functions of such department:
            ``(1) The development of requirements relating to the 
        defense acquisition system (subject, where appropriate, to 
        validation by the Joint Requirements Oversight Council pursuant 
        to section 181 of this title).
            ``(2) The coordination of measures to control requirements 
        creep in the defense acquisition system.
            ``(3) The development of career paths in acquisition for 
        military personnel (as required by section 1722a of this title).
            ``(4) The assignment and training of contracting officer 
        representatives when such representatives are required to be 
        members of the armed forces because of the nature of the 
        contract concerned.

    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to affect the assignment of functions under section 
3014(c)(1)(A), section 5014(c)(1)(A), or section 8014(c)(1)(A) of this 
title, except as explicitly provided in this section.
    ``(c) Definitions.--In this section:
            ``(1) The term `requirements creep' means the addition of 
        new technical or operational specifications after a requirements 
        document is approved by the appropriate validation authority for 
        the requirements document.
            ``(2) The term `requirements document' means a document 
        produced in the requirements process that is provided for an 
        acquisition program to guide the subsequent development, 
        production, and testing of the program and that--
                    ``(A) justifies the need for a materiel approach, or 
                an approach that is a combination of materiel and non-
                materiel, to satisfy one or more specific capability 
                gaps;
                    ``(B) details the information necessary to develop 
                an increment of militarily useful, logistically 
                supportable, and technically mature capability, 
                including key performance parameters; or
                    ``(C) identifies production attributes required for 
                a single increment of a program.
``Sec. 2548. Performance assessments of the defense acquisition 
                  system

    ``(a) <<NOTE: Deadline. Guidance.>>  Performance Assessments 
Required.--Not later than 180 days after the date of the enactment of 
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, 
the Secretary of Defense, acting through the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, the Director of Procurement 
and Acquisition Policy, and the Director of the Office of Performance 
Assessment and Root Cause Analysis, shall issue guidance, with detailed 
implementation instructions, for the Department of Defense

[[Page 124 STAT. 4290]]

to provide for periodic independent performance assessments of elements 
of the defense acquisition system for the purpose of--
            ``(1) determining the extent to which such elements of the 
        defense acquisition system deliver value to the Department of 
        Defense, taking into consideration the performance elements 
        identified in subsection (b);
            ``(2) assisting senior officials of the Department of 
        Defense in identifying and developing lessons learned from best 
        practices and shortcomings in the performance of such elements 
        of the defense acquisition system; and
            ``(3) assisting senior officials of the Department of 
        Defense in developing acquisition workforce excellence under 
        section 1701a of this title

    ``(b) Areas Considered in Performance Assessments.--(1) Each 
performance assessment conducted pursuant to subsection (a) shall 
consider, at a minimum--
            ``(A) the extent to which acquisitions conducted by the 
        element of the defense acquisition system under review meet 
        applicable cost, schedule, and performance objectives; and
            ``(B) the staffing and quality of the acquisition workforce 
        and the effectiveness of the management of the acquisition 
        workforce, including workforce incentives and career paths.

    ``(2) The Secretary of Defense shall ensure that the performance 
assessments required by this section are appropriately tailored to 
reflect the diverse nature of the work performed by each element of the 
defense acquisition system. In addition to the mandatory areas under 
paragraph (1), a performance assessment may consider, as appropriate, 
specific areas of acquisition concern, such as--
            ``(A) the selection of contractors, including--
                    ``(i) the extent of competition and the use of 
                exceptions to competition requirements;
                    ``(ii) compliance with Department of Defense 
                policies regarding the participation of small business 
                concerns and various categories of small business 
                concerns, including the use of contract bundling and the 
                availability of non-bundled contract vehicles;
                    ``(iii) the quality of market research;
                    ``(iv) the effective consideration of contractor 
                past performance; and
                    ``(v) the number of bid protests, the extent to 
                which such bid protests have been successful, and the 
                reasons for such success;
            ``(B) the negotiation of contracts, including--
                    ``(i) the appropriate application of section 2306a 
                of this title (relating to truth in negotiations);
                    ``(ii) the appropriate use of contract types 
                appropriate to specific procurements;
                    ``(iii) the appropriate use of performance 
                requirements;
                    ``(iv) the appropriate acquisition of technical data 
                and other rights and assets necessary to support long-
                term sustainment and follow-on procurement; and
                    ``(v) the timely definitization of any undefinitized 
                contract actions; and
            ``(C) the management of contractor performance, including--

[[Page 124 STAT. 4291]]

                    ``(i) the assignment of appropriately qualified 
                contracting officer representatives and other contract 
                management personnel;
                    ``(ii) the extent of contract disputes, the reasons 
                for such disputes, and the extent to which they have 
                been successfully addressed;
                    ``(iii) the appropriate consideration of long-term 
                sustainment and energy efficiency objectives; and
                    ``(iv) the appropriate use of integrated testing.

    ``(c) Contents of Guidance.--The guidance issued pursuant to 
subsection (a) shall ensure that each element of the defense acquisition 
system is subject to a performance assessment under this section not 
less often than once every four years, and shall address, at a minimum--
            ``(1) the designation of elements of the defense acquisition 
        system that are subject to performance assessment at an 
        organizational level that ensures such assessments can be 
        performed in an efficient and integrated manner;
            ``(2) the frequency with which such performance assessments 
        should be conducted;
            ``(3) goals, standards, tools, and metrics for use in 
        conducting performance assessments;
            ``(4) the composition of the teams designated to perform 
        performance assessments;
            ``(5) any phase-in requirements needed to ensure that 
        qualified staff are available to perform performance 
        assessments;
            ``(6) procedures for tracking the implementation of 
        recommendations made pursuant to performance assessments;
            ``(7) procedures for developing and disseminating lessons 
        learned from performance assessments; and
            ``(8) procedures for ensuring that information from 
        performance assessments are retained electronically and are 
        provided in a timely manner to the Under Secretary of Defense 
        for Acquisition, Technology, and Logistics and the Director of 
        the Office of Performance Assessment and Root Cause Analysis as 
        needed to assist them in performing their responsibilities under 
        this section.

    ``(d) Performance Goals Under Government Performance Results Act of 
1993.--Beginning with <<NOTE: Effective date.>>  fiscal year 2012, the 
annual performance plan prepared by the Department of Defense pursuant 
to section 1115 of title 31 shall include appropriate performance goals 
for elements of the defense acquisition system.

    ``(e) <<NOTE: Effective date.>>  Reporting Requirements.--Beginning 
with fiscal year 2012--
            ``(1) the annual report prepared by the Secretary of Defense 
        pursuant to section 1116 of title 31, United States Code, shall 
        address the Department's success in achieving performance goals 
        established pursuant to such section for elements of the defense 
        acquisition system; and
            ``(2) the annual report prepared by the Director of the 
        Office of Performance Assessment and Root Cause Analysis 
        pursuant to section 103(f) of the Weapon Systems Acquisition 
        Reform Act of 2009 (10 U.S.C. 2430 note), shall include 
        information on the activities undertaken by the Department 
        pursuant to such section, including a summary of significant 
        findings or recommendations arising out of performance 
        assessments.''.

[[Page 124 STAT. 4292]]

    (b) Clerical Amendments.--The table of chapters at the beginning of 
subtitle A of title 10, United States Code, and at the beginning of part 
IV of such subtitle, are each amended by inserting after the item 
relating to chapter 148 the following new item:

``149. Defense Acquisition System................................2545''.
SEC. 862. COMPTROLLER GENERAL REPORT ON JOINT CAPABILITIES 
                        INTEGRATION AND DEVELOPMENT SYSTEM.

    (a) Report Required.--The Comptroller General of the United States 
shall carry out a comprehensive review of the Joint Capabilities 
Integration and Development System (in this section referred to as 
``JCIDS''). Not later than one year after the date of the enactment of 
this Act, the Comptroller General shall submit to the congressional 
defense committees a report on the review and include in such report any 
recommendations the Comptroller General considers necessary and 
advisable to improve or replace JCIDS.
    (b) Content of the Review.--
            (1) Purpose.--The purpose of the review required by 
        subsection (a) is to evaluate the effectiveness of JCIDS in 
        achieving the following objectives:
                    (A) Timeliness in delivering capability to the 
                warfighter.
                    (B) Efficient use of the investment resources of the 
                Department of Defense.
                    (C) Control of requirements creep.
                    (D) Responsiveness to changes occurring after the 
                approval of a requirements document (including changes 
                to the threat environment, the emergence of new 
                capabilities, or changes in the resources estimated to 
                procure or sustain a capability).
                    (E) Development of the personnel skills, capacity, 
                and training needed for an effective and efficient 
                requirements process.
            (2) Matters considered.--In performing the review, the 
        Comptroller General shall gather information on and consider the 
        following matters:
                    (A) The time that requirements documents take to 
                receive approval through JCIDS.
                    (B) The quality of cost information considered in 
                JCIDS and the extent of its consideration.
                    (C) The extent to which JCIDS establishes a 
                meaningful level of priority for requirements.
                    (D) The extent to which JCIDS is considering trade-
                offs between cost, schedule, and performance objectives.
                    (E) The quality of information on sustainment 
                considered in JCIDS and the extent to which sustainment 
                information is considered.
                    (F) An evaluation of the advantages and 
                disadvantages of designating a commander of a unified 
                combatant command for each requirements document for 
                which the Joint Requirements Oversight Council is the 
                validation authority to provide a joint evaluation task 
                force to participate in a materiel solution and to--
                          (i) provide input to the analysis of 
                      alternatives;
                          (ii) participate in testing (including limited 
                      user tests and prototype testing);

[[Page 124 STAT. 4293]]

                          (iii) provide input on a concept of operations 
                      and doctrine;
                          (iv) provide end user feedback to the resource 
                      sponsor; and
                          (v) participate, through the combatant 
                      commander concerned, in any alteration of the 
                      requirement for such solution.

    (c) Definitions.--In this section:
            (1) Joint capabilities integration and development system.--
        The term ``Joint Capabilities Integration and Development 
        System'' means the system for the assessment, review, 
        validation, and approval of joint warfighting requirements that 
        is described in Chairman of the Joint Chiefs of Staff 
        Instruction 3170.01G
            (2) Requirements document.--The term ``requirements 
        document'' means a document produced in JCIDS that is provided 
        for an acquisition program to guide the subsequent development, 
        production, and testing of the program and that--
                    (A) justifies the need for a materiel approach, or 
                an approach that is a combination of materiel and non-
                materiel, to satisfy one or more specific capability 
                gaps;
                    (B) details the information necessary to develop an 
                increment of militarily useful, logistically 
                supportable, and technically mature capability, 
                including key performance parameters; or
                    (C) identifies production attributes required for a 
                single increment of a program.
            (3) Requirements creep.--The term ``requirements creep'' 
        means the addition of new technical or operational 
        specifications after a requirements document is approved.
            (4) Materiel solution.--The term ``materiel solution'' means 
        the development, acquisition, procurement, or fielding of a new 
        item, or of a modification to an existing item, necessary to 
        equip, operate, maintain, and support military activities.
SEC. 863. REQUIREMENTS FOR THE ACQUISITION OF SERVICES.

    (a) <<NOTE: 10 USC 2330 note.>>  Establishment of Requirements 
Processes for the Acquisition of Services.--The Secretary of Defense 
shall ensure that the military departments and Defense Agencies each 
establish a process for identifying, assessing, reviewing, and 
validating requirements for the acquisition of services.

    (b) <<NOTE: 10 USC 2330 note.>>  Operational Requirements.--With 
regard to requirements for the acquisition of services in support of 
combatant commands and military operations, the Secretary shall ensure--
            (1) that the Chief of Staff of the Army, the Chief of Naval 
        Operations, the Chief of Staff of the Air Force, and the 
        Commandant of the Marine Corps implement and bear chief 
        responsibility for carrying out, within the Armed Force 
        concerned, the process established pursuant to subsection (a) 
        for such Armed Force; and
            (2) that commanders of unified combatant commands and other 
        officers identified or designated as joint qualified officers 
        have an opportunity to participate in the process of each 
        military department to provide input on joint requirements for 
        the acquisition of services.

    (c) <<NOTE: 10 USC 2330 note.>>  Supporting Requirements.--With 
regard to requirements for the acquisition of services not covered by 
subsection (b), the

[[Page 124 STAT. 4294]]

Secretary shall ensure that the secretaries of the military departments 
and the heads of the Defense Agencies implement and bear chief 
responsibility for carrying out, within the military department or 
Defense Agency concerned, the process established pursuant to subsection 
(a) for such military department or Defense Agency.

    (d) <<NOTE: 10 USC 2330 note.>>  Implementation Plans Required.--The 
Secretary shall ensure that an implementation plan is developed for each 
process established pursuant to subsection (a) that addresses, at a 
minimum, the following:
            (1) The organization of such process.
            (2) The level of command responsibility required for 
        identifying, assessing, reviewing, and validating requirements 
        for the acquisition of services in accordance with the 
        requirements of this section and the categories established 
        under section 2330(a)(1)(C) of title 10, United States Code.
            (3) The composition of positions necessary to operate such 
        process.
            (4) The training required for personnel engaged in such 
        process.
            (5) The relationship between doctrine and such process.
            (6) Methods of obtaining input on joint requirements for the 
        acquisition of services.
            (7) Procedures for coordinating with the acquisition 
        process.
            (8) Considerations relating to opportunities for strategic 
        sourcing.

    (e) <<NOTE: Deadline. 10 USC 2330 note.>>  Matters Required in 
Implementation Plan.--Each plan required under subsection (d) shall 
provide for initial implementation of a process for identifying, 
assessing, reviewing, and validating requirements for the acquisition of 
services not later than one year after the date of the enactment of this 
Act and shall provide for full implementation of such process at the 
earliest date practicable.

    (f) <<NOTE: 10 USC 2330 note.>>  Consistency With Joint Guidance.--
Whenever, at any time, guidance is issued by the Chairman of the Joint 
Chiefs of Staff relating to requirements for the acquisition of services 
in support of combatant commands and military operations, each process 
established pursuant to subsection (a) shall be revised in accordance 
with such joint guidance.

    (g) <<NOTE: 10 USC 2330 note.>>  Definition.--The term 
``requirements for the acquisition of services'' means objectives to be 
achieved through acquisitions primarily involving the procurement of 
services.

    (h) <<NOTE: 10 USC 2330 note.>>  Review of Supporting Requirements 
To Identify Savings.--The secretaries of the military departments and 
the heads of the Defense Agencies shall review and validate each 
requirement described in subsection (c) with an anticipated cost in 
excess of $10,000,000 with the objective of identifying unneeded or low 
priority requirements that can be reduced or eliminated, with the 
savings transferred to higher priority objectives. Savings identified 
and transferred to higher priority objectives through review and 
revalidation under this subsection shall count toward the savings 
objectives established in the June 4, 2010, guidance of the Secretary of 
Defense on improved operational efficiencies and the annual reduction in 
funding for service support contractors required by the August 16, 2010, 
guidance of the Secretary of Defense on efficiency initiatives. As 
provided by the Secretary, cost avoidance shall not count toward these 
objectives.

[[Page 124 STAT. 4295]]

    (i) Extension of Authority.--Subsection (e) of section 834 of the 
National Defense Authorization Act for Fiscal Years 1990 and 1991 (15 
U.S.C. 637 note) is amended by striking ``September 30, 2010'' and 
inserting ``December 31, 2011''.
SEC. 864. REVIEW OF DEFENSE ACQUISITION GUIDANCE.

    (a) Review of Guidance.--The Secretary of Defense shall review the 
acquisition guidance of the Department of Defense, including, at a 
minimum, the guidance contained in Department of Defense Instruction 
5000.02 entitled ``Operation of the Defense Acquisition System''.
    (b) Matters Considered.--The review performed under subsection (a) 
shall consider--
            (1) the extent to which the acquisition of commercial goods 
        and commodities, commercial and military unique services, and 
        information technology should be addressed in Department of 
        Defense Instruction 5000.02 and other guidance primarily 
        relating to the acquisition of weapon systems, or should be 
        addressed in separate instructions and guidance;
            (2) whether long-term sustainment and energy efficiency of 
        weapon systems is appropriately emphasized;
            (3) whether appropriate mechanisms exist to communicate 
        information relating to the mission needs of the Department of 
        Defense to the industrial base in a way that allows the 
        industrial base to make appropriate investments in 
        infrastructure, capacity, and technology development to help 
        meet such needs;
            (4) the extent to which earned value management should be 
        required on acquisitions not involving the acquisition of weapon 
        systems and whether measures of quality and technical 
        performance should be included in any earned value management 
        system; and
            (5) such other matters as the Secretary considers 
        appropriate.

    (c) Report.--Not later than 270 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
detailing any changes in the acquisition guidance of the Department of 
Defense identified during the review required by subsection (a), and any 
actions taken, or planned to be taken, to implement such changes.
SEC. 865. REQUIREMENT TO REVIEW REFERENCES TO SERVICES ACQUISITION 
                        THROUGHOUT THE FEDERAL ACQUISITION 
                        REGULATION AND THE DEFENSE FEDERAL 
                        ACQUISITION REGULATION SUPPLEMENT.

    (a) Review Required.--The Secretary of Defense, in consultation with 
the Administrator for Federal Procurement Policy and the heads of such 
other Federal agencies as the Secretary considers appropriate, shall 
review the Federal Acquisition Regulation and the Defense Federal 
Acquisition Regulation Supplement to ensure that such regulations 
include appropriate guidance for and references to services acquisition 
that are in addition to references provided in part 37 and the Defense 
Supplement to part 37.
    (b) Matters Considered.--The review required by subsection (a) shall 
consider the extent to which additional guidance is needed--

[[Page 124 STAT. 4296]]

            (1) to provide the tools and processes needed to assist 
        contracting officials in addressing the full range of 
        complexities that can arise in the acquisition of services; and
            (2) to enhance and support the procurement and project 
        management community in all aspects of the process for the 
        acquisition of services, including requirements development, 
        assessment of reasonableness, and post-award management and 
        oversight.

    (c) Report.--Not later than 180 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 the House of Representatives a report 
containing--
            (1) a summary of the findings of the review required by 
        subsection (a); and
            (2) any recommendations that the Secretary may have for 
        changes to the Federal Acquisition Regulation and the Defense 
        Federal Acquisition Regulation Supplement to address such 
        findings, including identifying any changes that are necessary 
        to improve part 37 (which specifically addresses services 
        acquisitions).
SEC. 866. PILOT PROGRAM ON ACQUISITION OF MILITARY PURPOSE 
                        NONDEVELOPMENTAL ITEMS.

    (a) <<NOTE: 10 USC 2302 note.>>  Pilot Program Authorized.--
            (1) In general.--The Secretary of Defense may carry out a 
        pilot program to assess the feasability and advisability of 
        acquiring military purpose nondevelopmental items in accordance 
        with this section.
            (2) Scope of program.--Under the pilot program, the 
        Secretary may enter into contracts with nontraditional defense 
        contractors for the acquisition of military purpose 
        nondevelopmental items in accordance with the requirements set 
        forth in subsection (b).

    (b) <<NOTE: 10 USC 2302 note.>>  Contract Requirements.--Each 
contract entered into under the pilot program--
            (1) shall be a firm, fixed price contract, or a firm, fixed 
        price contract with an economic price adjustment clause awarded 
        using competitive procedures in accordance with chapter 137 of 
        title 10, United States Code;
            (2) shall be in an amount not in excess of $50,000,000, 
        including all options;
            (3) shall provide--
                    (A) for the delivery of an initial lot of production 
                quantities of completed items not later than nine months 
                after the date of the award of such contract; and
                    (B) that failure to make delivery as provided for 
                under subparagraph (A) may result in the termination of 
                such contract for default; and
            (4) shall be--
                    (A) exempt from the requirement to submit certified 
                cost or pricing data under section 2306a of title 10, 
                United States Code, and the cost accounting standards 
                under section 26 of the Office of Federal Procurement 
                Policy Act (41 U.S.C. 422); and
                    (B) subject to the requirement to provide data other 
                than certified cost or pricing data for the purpose of 
                price

[[Page 124 STAT. 4297]]

                reasonableness determinations, as provided in section 
                2306a(d) of title 10, United States Code.

    (c) <<NOTE: 10 USC 2302 note.>>  Regulations.--If the Secretary 
establishes the pilot program authorized under subsection (a), the 
Secretary shall prescribe regulations governing such pilot program. Such 
regulations shall be included in regulations of the Department of 
Defense prescribed as part of the Federal Acquisition Regulation and 
shall include the contract clauses and procedures necessary to implement 
such program.

    (d) <<NOTE: 10 USC 2302 note.>>  Reports.--
            (1) Reports on program activities.--Not later than 60 days 
        after the end of any fiscal year in which the pilot program is 
        in effect, the Secretary shall submit to the congressional 
        defense committees a report on the pilot program. The report 
        shall be in unclassified form but may include a classified 
        annex. Each report shall include, for each contract entered into 
        under the pilot program in the preceding fiscal year, the 
        following:
                    (A) The contractor.
                    (B) The item or items to be acquired.
                    (C) The military purpose to be served by such item 
                or items.
                    (D) The amount of the contract.
                    (E) The actions taken by the Department of Defense 
                to ensure that the price paid for such item or items is 
                fair and reasonable.
            (2) Program assessment.--If the Secretary establishes the 
        pilot program authorized under subsection (a), not later than 
        four years after the date of the enactment of this Act, the 
        Comptroller General of the United States shall submit to the 
        congressional defense committees a report setting forth the 
        assessment of the Comptroller General of the extent to which the 
        pilot program--
                    (A) enabled the Department to acquire items that 
                otherwise might not have been available to the 
                Department;
                    (B) assisted the Department in the rapid acquisition 
                and fielding of capabilities needed to meet urgent 
                operational needs; and
                    (C) protected the interests of the United States in 
                paying fair and reasonable prices for the item or items 
                acquired.

    (e) <<NOTE: 10 USC 2302 note.>>  Definitions.--In this section:
            (1) The term ``military purpose nondevelopmental item'' 
        means a nondevelopmental item that meets a validated military 
        requirement, as determined in writing by the responsible program 
        manager, and has been developed exclusively at private expense. 
        For purposes of this paragraph, an item shall not be considered 
        to be developed exclusively at private expense if development of 
        the item was paid for in whole or in part through--
                    (A) independent research and development costs or 
                bid and proposal costs that have been reimbursed 
                directly or indirectly by a Federal agency or have been 
                submitted to a Federal agency for reimbursement; or
                    (B) foreign government funding.
            (2) The term ``nondevelopmental item''--

[[Page 124 STAT. 4298]]

                    (A) has the meaning given that term in section 4(13) 
                of the Office of Federal Procurement Policy Act (41 
                U.S.C. 403(13)); and
                    (B) also includes previously developed items of 
                supply that require modifications other than those 
                customarily available in the commercial marketplace if 
                such modifications are consistent with the requirement 
                in subsection (b)(3)(A).
            (3) The term ``nontraditional defense contractor'' has the 
        meaning given that term in section 2302(9) of title 10, United 
        States Code (as added by subsection (g)).
            (4) The terms ``independent research and developments 
        costs'' and ``bid and proposal costs'' have the meaning given 
        such terms in section 31.205-18 of the Federal Acquisition 
        Regulation.

    (f) <<NOTE: 10 USC 2302 note.>>  Sunset.--
            (1) In general.--The authority to carry out the pilot 
        program shall expire on the date that is five years after the 
        date of the enactment of this Act.
            (2) Continuation of current contracts.--The expiration under 
        paragraph (1) of the authority to carry out the pilot program 
        shall not affect the validity of any contract awarded under the 
        pilot program before the date of the expiration of the pilot 
        program under that paragraph.

    (g) Statutory Definition of Nontraditional Defense Contractor.--
            (1) Nontraditional defense contractor.--Section 2302 of 
        title 10, United States Code, is amended by adding at the end 
        the following:
            ``(9) The term `nontraditional defense contractor', with 
        respect to a procurement or with respect to a transaction 
        authorized under section 2371(a) of this title, means an entity 
        that is not currently performing and has not performed, for at 
        least the one-year period preceding the solicitation of sources 
        by the Department of Defense for the procurement or transaction, 
        any of the following for the Department of Defense:
                    ``(A) Any contract or subcontract that is subject to 
                full coverage under the cost accounting standards 
                prescribed pursuant to section 26 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 422) and the 
                regulations implementing such section.
                    ``(B) Any other contract in excess of $500,000 under 
                which the contractor is required to submit certified 
                cost or pricing data under section 2306a of this 
                title.''.
            (2) Conforming amendment.--Section 845(f) of the National 
        Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 
        note) is amended to read as follows:

    ``(f) Nontraditional Defense Contractor Defined.--In this section, 
the term `nontraditional defense contractor' has the meaning provided by 
section 2302(9) of title 10, United States Code.''.

[[Page 124 STAT. 4299]]

                 PART II--DEFENSE ACQUISITION WORKFORCE

SEC. 871. ACQUISITION WORKFORCE EXCELLENCE.

    (a) Acquisition Workforce Excellence.--Subchapter I of chapter 87 of 
title 10, United States Code, is amended by inserting after section 1701 
the following new section:
``Sec. 1701a. Management for acquisition workforce excellence

    ``(a) Purpose.--The purpose of this chapter is to require the 
Department of Defense to develop and manage a highly skilled 
professional acquisition workforce--
            ``(1) in which excellence and contribution to mission is 
        rewarded;
            ``(2) which has the technical expertise and business skills 
        to ensure the Department receives the best value for the 
        expenditure of public resources;
            ``(3) which serves as a model for performance management of 
        employees of the Department; and
            ``(4) which is managed in a manner that complements and 
        reinforces the management of the defense acquisition system 
        pursuant to chapter 149 of this title.

    ``(b) Performance Management.--In order to achieve the purpose set 
forth in subsection (a), the Secretary of Defense shall--
            ``(1) use the full authorities provided in subsections (a) 
        through (d) of section 9902 of title 5, including flexibilities 
        related to performance management and hiring and to training of 
        managers;
            ``(2) require managers to develop performance plans for 
        individual members of the acquisition workforce in order to give 
        members an understanding of how their performance contributes to 
        their organization's mission and the success of the defense 
        acquisition system (as defined in section 2545 of this title);
            ``(3) to the extent appropriate, use the lessons learned 
        from the acquisition demonstration project carried out under 
        section 1762 of this title related to contribution-based 
        compensation and appraisal, and how those lessons may be applied 
        within the General Schedule system;
            ``(4) develop attractive career paths;
            ``(5) encourage continuing education and training;
            ``(6) develop appropriate procedures for warnings during 
        performance evaluations for members of the acquisition workforce 
        who consistently fail to meet performance standards;
            ``(7) take full advantage of the Defense Civilian Leadership 
        Program established under section 1112 of the National Defense 
        Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
        Stat. 2496; 10 U.S.C. 1580 note prec.);
            ``(8) use the authorities for highly qualified experts under 
        section 9903 of title 5, to hire experts who are skilled 
        acquisition professionals to--
                    ``(A) serve in leadership positions within the 
                acquisition workforce to strengthen management and 
                oversight;
                    ``(B) provide mentors to advise individuals within 
                the acquisition workforce on their career paths and 
                opportunities to advance and excel within the 
                acquisition workforce; and

[[Page 124 STAT. 4300]]

                    ``(C) assist with the design of education and 
                training courses and the training of individuals in the 
                acquisition workforce; and
            ``(9) use the authorities for expedited security clearance 
        processing pursuant to section 1564 of this title.

    ``(c) Negotiations.--Any action taken by the Secretary under this 
section, or to implement this section, shall be subject to the 
requirements of chapter 71 of title 5.
    ``(d) Regulations.--Any rules or regulations prescribed pursuant to 
this section shall be deemed an agency rule or regulation under section 
7117(a)(2) of title 5, and shall not be deemed a Government-wide rule or 
regulation under section 7117(a)(1) of such title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 1701 the following new item:

``1701a. Management for acquisition workforce excellence.''.

SEC. 872. AMENDMENTS TO THE ACQUISITION WORKFORCE DEMONSTRATION 
                        PROJECT.

    (a) Codification Into Title 10.--
            (1) In general.--Chapter 87 of title 10, United States Code, 
        is amended by inserting after section 1761 the following new 
        section:
``Sec. 1762. Demonstration project relating to certain acquisition 
                  personnel management policies and procedures

    ``(a) Commencement.--The Secretary of Defense is authorized to carry 
out a demonstration project, the purpose of which is to determine the 
feasibility or desirability of one or more proposals for improving the 
personnel management policies or procedures that apply with respect to 
the acquisition workforce of the Department of Defense and supporting 
personnel assigned to work directly with the acquisition workforce.
    ``(b) Terms and Conditions.--(1) Except as otherwise provided in 
this subsection, any demonstration project described in subsection (a) 
shall be subject to section 4703 of title 5 and all other provisions of 
such title that apply with respect to any demonstration project under 
such section.
    ``(2) Subject to paragraph (3), in applying section 4703 of title 5 
with respect to a demonstration project described in subsection (a)--
            ``(A) `180 days' in subsection (b)(4) of such section shall 
        be deemed to read `120 days';
            ``(B) `90 days' in subsection (b)(6) of such section shall 
        be deemed to read `30 days'; and
            ``(C) subsection (d)(1) of such section shall be 
        disregarded.

    ``(3) Paragraph (2) shall not apply with respect to a demonstration 
project unless--
            ``(A) for each organization or team participating in the 
        demonstration project--
                    ``(i) at least one-third of the workforce 
                participating in the demonstration project consists of 
                members of the acquisition workforce; and
                    ``(ii) at least two-thirds of the workforce 
                participating in the demonstration project consists of 
                members of the

[[Page 124 STAT. 4301]]

                acquisition workforce and supporting personnel assigned 
                to work directly with the acquisition workforce; and
            ``(B) the demonstration project commences before October 1, 
        2007.

    ``(c) Limitation on Number of Participants.--The total number of 
persons who may participate in the demonstration project under this 
section may not exceed 120,000.
    ``(d) Effect of Reorganizations.--The applicability of paragraph (2) 
of subsection (b) to an organization or team shall not terminate by 
reason that the organization or team, after having satisfied the 
conditions in paragraph (3) of such subsection when it began to 
participate in a demonstration project under this section, ceases to 
meet one or both of the conditions set forth in subparagraph (A) of such 
paragraph (3) as a result of a reorganization, restructuring, 
realignment, consolidation, or other organizational change.
    ``(e) Assessments.--(1) The Secretary of Defense shall designate an 
independent organization to conduct two assessments of the acquisition 
workforce demonstration project described in subsection (a).
    ``(2) Each such assessment shall include the following:
            ``(A) A description of the workforce included in the 
        project.
            ``(B) An explanation of the flexibilities used in the 
        project to appoint individuals to the acquisition workforce and 
        whether those appointments are based on competitive procedures 
        and recognize veteran's preferences.
            ``(C) An explanation of the flexibilities used in the 
        project to develop a performance appraisal system that 
        recognizes excellence in performance and offers opportunities 
        for improvement.
            ``(D) The steps taken to ensure that such system is fair and 
        transparent for all employees in the project.
            ``(E) How the project allows the organization to better meet 
        mission needs.
            ``(F) An analysis of how the flexibilities in subparagraphs 
        (B) and (C) are used, and what barriers have been encountered 
        that inhibit their use.
            ``(G) Whether there is a process for--
                    ``(i) ensuring ongoing performance feedback and 
                dialogue among supervisors, managers, and employees 
                throughout the performance appraisal period; and
                    ``(ii) setting timetables for performance 
                appraisals.
            ``(H) The project's impact on career progression.
            ``(I) The project's appropriateness or inappropriateness in 
        light of the complexities of the workforce affected.
            ``(J) The project's sufficiency in terms of providing 
        protections for diversity in promotion and retention of 
        personnel.
            ``(K) The adequacy of the training, policy guidelines, and 
        other preparations afforded in connection with using the 
        project.
            ``(L) Whether there is a process for ensuring employee 
        involvement in the development and improvement of the project.

    ``(3) <<NOTE: Deadlines.>>  The first assessment under this 
subsection shall be completed not later than September 30, 2012. The 
second and final assessment shall be completed not later than September 
30, 2016. The Secretary shall submit to the covered congressional 
committees

[[Page 124 STAT. 4302]]

a copy of each assessment within 30 days after receipt by the Secretary 
of the assessment.

    ``(f) <<NOTE: Definition.>>  Covered Congressional Committees.--In 
this section, the term `covered congressional committees' means--
            ``(1) the Committees on Armed Services of the Senate and the 
        House of Representatives;
            ``(2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            ``(3) the Committee on Oversight and Government Reform of 
        the House of Representatives.

    ``(g) Termination of Authority.--The authority to conduct a 
demonstration program under this section shall terminate on September 
30, 2017.
    ``(h) <<NOTE: Deadline.>>  Conversion.--Within 6 months after the 
authority to conduct a demonstration project under this section is 
terminated as provided in subsection (g), employees in the project shall 
convert to the civilian personnel system created pursuant to section 
9902 of title 5.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter V of chapter 87 of title 10, United 
        States Code, is amended by inserting after the item relating to 
        section 1761 the following new item:

``1762. Demonstration project relating to certain acquisition personnel 
           management policies and procedures.''.

    (b) Conforming Repeal.--Section 4308 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 
1701 note) is repealed.
SEC. 873. CAREER DEVELOPMENT FOR CIVILIAN AND MILITARY PERSONNEL 
                        IN THE ACQUISITION WORKFORCE.

    (a) Career Paths.--
            (1) Amendment.--Chapter 87 of title 10, United States Code, 
        is amended by inserting after section 1722a the following new 
        section:
``Sec. 1722b. Special requirements for civilian employees in the 
                    acquisition field

    ``(a) Requirement for Policy and Guidance Regarding Civilian 
Personnel in Acquisition.--The Secretary of Defense, acting through the 
Under Secretary of Defense for Acquisition, Technology, and Logistics, 
shall establish policies and issue guidance to ensure the proper 
development, assignment, and employment of civilian members of the 
acquisition workforce to achieve the objectives specified in subsection 
(b).
    ``(b) Objectives.--Policies established and guidance issued pursuant 
to subsection (a) shall ensure, at a minimum, the following:
            ``(1) A career path in the acquisition field that attracts 
        the highest quality civilian personnel, from either within or 
        outside the Federal Government.
            ``(2) A deliberate workforce development strategy that 
        increases attainment of key experiences that contribute to a 
        highly qualified acquisition workforce.
            ``(3) Sufficient opportunities for promotion and advancement 
        in the acquisition field.
            ``(4) A sufficient number of qualified, trained members 
        eligible for and active in the acquisition field to ensure 
        adequate

[[Page 124 STAT. 4303]]

        capacity, capability, and effective succession for acquisition 
        functions, including contingency contracting, of the Department 
        of Defense.
            ``(5) A deliberate workforce development strategy that 
        ensures diversity in promotion, advancement, and experiential 
        opportunities commensurate with the general workforce outlined 
        in this section.

    ``(c) Inclusion of Information in Annual Report.--The Secretary of 
Defense shall include in the report to Congress required under section 
115b(d) of this title the following information related to the 
acquisition workforce for the period covered by the report (which shall 
be shown for the Department of Defense as a whole and separately for the 
Army, Navy, Air Force, Marine Corps, Defense Agencies, and Office of the 
Secretary of Defense):
            ``(1) The total number of persons serving in the Acquisition 
        Corps, set forth separately for members of the armed forces and 
        civilian employees, by grade level and by functional specialty.
            ``(2) The total number of critical acquisition positions 
        held, set forth separately for members of the armed forces and 
        civilian employees, by grade level and by other appropriate 
        categories (including by program manager, deputy program 
        manager, and division head positions), including average length 
        of time served in each position. For each such category, the 
        report shall specify the number of civilians holding such 
        positions compared to the total number of positions filled.
            ``(3) The number of employees to whom the requirements of 
        subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this 
        title did not apply because of the exceptions provided in 
        paragraphs (1) and (2) of section 1732(c) of this title, set 
        forth separately by type of exception.
            ``(4) The number of times a waiver authority was exercised 
        under section 1724(d), 1732(d), 1734(d), or 1736(c) of this 
        title or any other provision of this chapter (or other provision 
        of law) which permits the waiver of any requirement relating to 
        the acquisition workforce, and in the case of each such 
        authority, the reasons for exercising the authority. The 
        Secretary may present the information provided under this 
        paragraph by category or grouping of types of waivers and 
        reasons.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 87 of such title is 
        amended by inserting after the item relating to section 1722a 
        the following new item:

``1722b. Special requirements for civilian employees in the acquisition 
           field.''.

    (b) Career Education and Training.--Section 1723 of such title is 
amended by redesignating subsection (b) as subsection (c) and inserting 
after subsection (a) the following new subsection:
    ``(b) Career Path Requirements.--For each career path, the Secretary 
of Defense, acting through the Under Secretary of Defense for 
Acquisition, Technology, and Logistics, shall establish requirements for 
the completion of course work and related on-the-job training and 
demonstration of qualifications in the critical acquisition-related 
duties and tasks of the career path. The Secretary of Defense, acting 
through the Under Secretary, shall also--

[[Page 124 STAT. 4304]]

            ``(1) encourage individuals in the acquisition workforce to 
        maintain the currency of their acquisition knowledge and 
        generally enhance their knowledge of related acquisition 
        management disciplines through academic programs and other self-
        developmental activities; and
            ``(2) develop key work experiences, including the creation 
        of a program sponsored by the Department of Defense that 
        facilitates the periodic interaction between individuals in the 
        acquisition workforce and the end user in such end user's 
        environment to enhance the knowledge base of such workforce, for 
        individuals in the acquisition workforce so that the individuals 
        may gain in-depth knowledge and experience in the acquisition 
        process and become seasoned, well-qualified members of the 
        acquisition workforce.''.
SEC. 874. RECERTIFICATION AND TRAINING REQUIREMENTS.

    (a) Continuing Education.--Section 1723 of title 10, United States 
Code, as amended by section 873, is further amended by amending 
subsection (a) to read as follows:
    ``(a) Qualification Requirements.--(1) The Secretary of Defense 
shall establish education, training, and experience requirements for 
each acquisition position, based on the level of complexity of duties 
carried out in the position. In establishing such requirements, the 
Secretary shall ensure the availability and sufficiency of training in 
all areas of acquisition, including additional training courses with an 
emphasis on services contracting, market research strategies (including 
assessments of local contracting capabilities), long-term sustainment 
strategies, information technology, and rapid acquisition.
    ``(2) In establishing such requirements for positions other than 
critical acquisition positions designated pursuant to section 1733 of 
this title, the Secretary may state the requirements by categories of 
positions.
    ``(3) The Secretary of Defense, acting through the Under Secretary 
of Defense for Acquisition, Technology, and Logistics, shall establish 
requirements for continuing education and periodic renewal of an 
individual's certification. Any requirement for a certification renewal 
shall not require a renewal more often than once every five years.''.
    (b) Standards for Training.--
            (1) In general.--Subchapter IV of Chapter 87 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1748. Fulfillment standards for acquisition workforce 
                  training

    ``The Secretary of Defense, acting through the Under Secretary of 
Defense for Acquisition, Technology, and Logistics, shall develop 
fulfillment standards, and implement and maintain a program, for 
purposes of the training requirements of sections 1723, 1724, and 1735 
of this title. Such fulfillment standards shall consist of criteria for 
determining whether an individual has demonstrated competence in the 
areas that would be taught in the training courses required under those 
sections. If an individual meets the appropriate fulfillment standard, 
the applicable training requirement is fulfilled.''.

[[Page 124 STAT. 4305]]

            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by adding at the end the 
        following new item:

``1748. Fulfillment standards for acquisition workforce training.''.

            (3) <<NOTE: 10 USC 1748 note.>>  Deadline for fulfillment 
        standards.--The fulfillment standards required under section 
        1748 of title 10, United States Code, as added by paragraph (1), 
        shall be developed not later than 270 days after the date of the 
        enactment of this Act.
            (4) Conforming repeal.--Section 853 of Public Law 105-85 
        (111 Stat. 1851) <<NOTE: 10 USC 1723 note.>>  is repealed.
SEC. 875. <<NOTE: 10 USC 1723 note.>>  INFORMATION TECHNOLOGY 
                        ACQUISITION WORKFORCE.

    (a) Plan Required.--The Secretary of Defense shall develop and carry 
out a plan to strengthen the part of the acquisition workforce that 
specializes in information technology. The plan shall include the 
following:
            (1) Defined targets for billets devoted to information 
        technology acquisition.
            (2) Specific certification requirements for individuals in 
        the acquisition workforce who specialize in information 
        technology acquisition.
            (3) Defined career paths for individuals in the acquisition 
        workforce who specialize in information technology acquisitions.

    (b) Definitions.--In this section:
            (1) The term ``information technology'' has the meaning 
        provided such term in section 11101 of title 40, United States 
        Code, and includes information technology incorporated into a 
        major weapon system.
            (2) The term ``major weapon system'' has the meaning 
        provided such term in section 2379(f) of title 10, United States 
        Code.

    (c) Deadline.--The Secretary of Defense shall develop the plan 
required under this section not later than 270 days after the date of 
the enactment of this Act.
SEC. 876. DEFINITION OF ACQUISITION WORKFORCE.

    Section 101(a) of title 10, United States Code, is amended by 
inserting after paragraph (17) the following new paragraph:
            ``(18) The term `acquisition workforce' means the persons 
        serving in acquisition positions within the Department of 
        Defense, as designated pursuant to section 1721(a) of this 
        title.''.
SEC. 877. DEFENSE ACQUISITION UNIVERSITY CURRICULUM REVIEW.

    (a) <<NOTE: Deadline.>>  Curriculum Review.--Not later than one year 
after the date of the enactment of this Act, the Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall lead a review 
of the curriculum offered by the Defense Acquisition University to 
ensure it adequately supports the training and education requirements of 
acquisition professionals, particularly in service contracting, long 
term sustainment strategies, information technology, and rapid 
acquisition. The review shall also involve the service acquisition 
executives of each military department.

    (b) Analysis of Funding Requirements for Training.--Following the 
review conducted under subsection (a), the Secretary of Defense shall 
analyze the most recent future-years defense program to determine the 
amounts of estimated expenditures and

[[Page 124 STAT. 4306]]

proposed appropriations necessary to support the training requirements 
of the amendments made by section 874, including any new training 
requirements determined after the review conducted under subsection (a). 
The Secretary shall identify any additional funding needed for such 
training requirements in the separate chapter on the defense acquisition 
workforce required in the next annual strategic workforce plan under 
115b of title 10, United States Code.
    (c) Requirement for Ongoing Curriculum Development With Certain 
Schools.--
            (1) Requirement.--Section 1746 of title 10, United States 
        Code, is amended by adding at the end the following new 
        subsection:

    ``(c) Curriculum Development.--The President of the Defense 
Acquisition University shall work with the relevant professional schools 
and degree-granting institutions of the Department of Defense and 
military departments to ensure that best practices are used in 
curriculum development to support acquisition workforce positions.''.
            (2) Amendment to section heading.--(A) The heading of 
        section 1746 of such title is amended to read as follows:
``Sec. 1746. Defense Acquisition University''.
            (B) The item relating to section 1746 in the table of 
        sections at the beginning of subchapter IV of chapter 87 of such 
        title is amended to read as follows:

``1746. Defense Acquisition University.''.

                     PART III--FINANCIAL MANAGEMENT

SEC. 881. <<NOTE: 10 USC 2222 note.>>  AUDIT READINESS OF 
                        FINANCIAL STATEMENTS OF THE DEPARTMENT OF 
                        DEFENSE.

    (a) Interim Milestones.--
            (1) <<NOTE: Deadline.>>  Requirement.--Not later than 90 
        days after the date of the enactment of this Act, the Under 
        Secretary of Defense (Comptroller), in consultation with the 
        Deputy Chief Management Officer of the Department of Defense, 
        the secretaries of the military departments, and the heads of 
        the defense agencies and defense field activities, shall 
        establish interim milestones for achieving audit readiness of 
        the financial statements of the Department of Defense, 
        consistent with the requirements of section 1003 of the National 
        Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
        84; 123 Stat. 2439; 10 U.S.C. 2222 note).
            (2) Matters included.--The interim milestones established 
        pursuant to paragraph (1) shall include, at a minimum, for each 
        military department and for the defense agencies and defense 
        field activities--
                    (A) an interim milestone for achieving audit 
                readiness for each major element of the statement of 
                budgetary resources, including civilian pay, military 
                pay, supply orders, contracts, and funds balance with 
                the Treasury; and
                    (B) an interim milestone for addressing the 
                existence and completeness of each major category of 
                Department of Defense assets, including military 
                equipment, real property, inventory, and operating 
                material and supplies.

[[Page 124 STAT. 4307]]

            (3) Description in semiannual reports.--The Under Secretary 
        shall describe each interim milestone established pursuant to 
        paragraph (1) in the next semiannual report submitted pursuant 
        to section 1003(b) of the National Defense Authorization Act for 
        Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C. 
        2222 note). Each subsequent semiannual report submitted pursuant 
        to section 1003(b) shall explain how the Department has 
        progressed toward meeting such interim milestones.

    (b) Valuation of Department of Defense Assets.--
            (1) <<NOTE: Deadline.>>  Requirement.--Not later than 120 
        days after the date of the enactment of this Act, the Under 
        Secretary of Defense (Comptroller) shall, in consultation with 
        other appropriate Federal agencies and officials--
                    (A) examine the costs and benefits of alternative 
                approaches to the valuation of Department of Defense 
                assets;
                    (B) select an approach to such valuation that is 
                consistent with principles of sound financial management 
                and the conservation of taxpayer resources; and
                    (C) begin the preparation of a business case 
                analysis supporting the selected approach.
            (2) The Under Secretary shall include information on the 
        alternatives considered, the selected approach, and the business 
        case analysis supporting that approach in the next semiannual 
        report submitted pursuant to section 1003(b) of the National 
        Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
        84; 123 Stat. 2439; 10 U.S.C. 2222 note).

    (c) Remedial Actions Required.--In the event that the Department of 
Defense, or any component of the Department of Defense, is unable to 
meet an interim milestone established pursuant to subsection (a), the 
Under Secretary of Defense (Comptroller) shall--
            (1) develop a remediation plan to ensure that--
                    (A) the component will meet the interim milestone no 
                more than one year after the originally scheduled date; 
                and
                    (B) the component's failure to meet the interim 
                milestone will not have an adverse impact on the 
                Department's ability to carry out the plan under section 
                1003(a) of the National Defense Authorization Act for 
                Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 
                U.S.C. 2222 note); and
            (2) include in the next semiannual report submitted pursuant 
        to section 1003(b) of the National Defense Authorization Act for 
        Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2439; 10 U.S.C. 
        2222 note)--
                    (A) a statement of the reasons why the Department of 
                Defense, or component of the Department of Defense, will 
                be unable to meet such interim milestone;
                    (B) the revised completion date for meeting such 
                interim milestone; and
                    (C) a description of the actions that have been 
                taken and are planned to be taken by the Department of 
                Defense, or component of the Department of Defense, to 
                meet such interim milestone.

    (d) Incentives for Achieving Auditability.--

[[Page 124 STAT. 4308]]

            (1) <<NOTE: Deadlines.>>  Review required.--Not later than 
        120 days after the date of the enactment of this Act, the Under 
        Secretary of Defense (Comptroller) shall review options for 
        providing appropriate incentives to the military departments, 
        Defense Agencies, and defense field activities to ensure that 
        financial statements are validated as ready for audit earlier 
        than September 30, 2017.
            (2) Options reviewed.--The review performed pursuant to 
        paragraph (1) shall consider changes in policy that reflect the 
        increased confidence that can be placed in auditable financial 
        statements, and shall include, at a minimum, consideration of 
        the following options:
                    (A) Consistent with the need to fund urgent 
                warfighter requirements and operational needs, priority 
                in the release of appropriated funds.
                    (B) Relief from the frequency of financial reporting 
                in cases in which such reporting is not required by law.
                    (C) Relief from departmental obligation and 
                expenditure thresholds to the extent that such 
                thresholds establish requirements more restrictive than 
                those required by law.
                    (D) Increases in thresholds for reprogramming of 
                funds.
                    (E) Personnel management incentives for the 
                financial and business management workforce.
                    (F) Such other measures as the Under Secretary 
                considers appropriate.
            (3) Report.--The Under Secretary shall include a discussion 
        of the review performed pursuant to paragraph (1) in the next 
        semiannual report pursuant to section 1003(b) of the National 
        Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
        84; 123 Stat. 2439; 10 U.S.C. 2222 note) and for each option 
        considered pursuant to paragraph (2) shall include--
                    (A) an assessment of the extent to which the 
                implementation of the option--
                          (i) would be consistent with the efficient 
                      operation of the Department of Defense and the 
                      effective funding of essential Department of 
                      Defense programs and activities; and
                          (ii) would contribute to the achievement of 
                      Department of Defense goals to prepare auditable 
                      financial statements; and
                    (B) a recommendation on whether such option should 
                be adopted, a schedule for implementing the option if 
                adoption is recommended, or a reason for not 
                recommending the option if adoption is not recommended.
SEC. 882. <<NOTE: 10 USC 2222 note.>>  REVIEW OF OBLIGATION AND 
                        EXPENDITURE THRESHOLDS.

    (a) <<NOTE: Deadline.>>  Process Review.--Not later than one year 
after the date of the enactment of this Act, the Chief Management 
Officer of the Department of Defense, in coordination with the Chief 
Management Officer of each military department, the Director of the 
Office of Performance Assessment and Root Cause Analysis, the Under 
Secretary of Defense (Comptroller), and the Comptrollers of the military 
departments, shall complete a comprehensive review of the use and value 
of obligation and expenditure benchmarks and propose new benchmarks or 
processes for tracking financial performance, including, as 
appropriate--

[[Page 124 STAT. 4309]]

            (1) increased reliance on individual obligation and 
        expenditure plans for measuring program financial performance;
            (2) mechanisms to improve funding stability and to increase 
        the predictability of the release of funding for obligation and 
        expenditure; and
            (3) streamlined mechanisms for a program manager to submit 
        an appeal for funding changes and to have such appeal evaluated 
        promptly.

    (b) Training.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics and the Under Secretary of Defense 
(Comptroller) shall ensure that, as part of the training required for 
program managers and business managers, an emphasis is placed on 
obligating and expending appropriated funds in a manner that achieves 
the best value for the Government and that the purpose and limitations 
of obligation and expenditure benchmarks are made clear.
    (c) Report.--The Deputy Chief Management Officer of the Department 
of Defense shall include a report on the results of the review under 
this section in the next update of the strategic management plan 
transmitted to the Committees on Armed Services of the Senate and the 
House of Representatives under section 904(d) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
275; 10 U.S.C. note prec. 2201) after the completion of the review.
SEC. 883. DISCLOSURE AND TRACEABILITY OF THE COST OF DEPARTMENT OF 
                        DEFENSE HEALTH CARE CONTRACTS.

    (a) Report.--
            (1) Requirement.--Not later than September 30, 2011, the 
        Comptroller General of the United States shall submit to the 
        Committee on Armed Services of the Senate and the Committee on 
        Armed Services of the House of Representatives a detailed report 
        on the additional cost to the Department of Defense associated 
        with compliance with the Patient Protection and Affordable Care 
        Act (Public Law 111-148) and the Health Care and Education 
        Reconciliation Act of 2010 (Public Law 111-152).
            (2) Matters covered.--The report required by paragraph (1) 
        shall include an estimate of--
                    (A) the additional costs, if any, incurred on health 
                care contracts to comply with such Acts; and
                    (B) any other additional costs to the Department of 
                Defense to comply with such Acts.

    (b) Health Care Contract Defined.--In this section, the term 
``health care contract'' means a contract awarded by the Department of 
Defense in an amount greater than the simplified acquisition threshold 
for the acquisition of any of the following:
            (1) Medical supplies.
            (2) Health care services and administration, including the 
        services of medical personnel.
            (3) Durable medical equipment.
            (4) Pharmaceuticals.
            (5) Health care-related information technology.

[[Page 124 STAT. 4310]]

                        PART IV--INDUSTRIAL BASE

SEC. 891. <<NOTE: 10 USC 2501 note.>>  EXPANSION OF THE INDUSTRIAL 
                        BASE.

    (a) Program To Expand Industrial Base Required.--The Secretary of 
Defense shall establish a program to expand the industrial base of the 
Department of Defense to increase the Department's access to innovation 
and the benefits of competition.
    (b) Identifying and Communicating With Firms That Are Not 
Traditional Suppliers.--The program established under subsection (a) 
shall use tools and resources available within the Federal Government 
and available from the private sector to provide a capability for 
identifying and communicating with firms that are not traditional 
suppliers, including commercial firms and firms of all business sizes, 
that are engaged in markets of importance to the Department of Defense 
in which such firms can make a significant contribution.
    (c) Outreach to Local Firms Near Defense Installations.--The program 
established under subsection (a) shall include outreach, using 
procurement technical assistance centers, to firms of all business sizes 
in the vicinity of Department of Defense installations regarding 
opportunities to obtain contracts and subcontracts to perform work at 
such installations.
    (d) Industrial Base Review.--The program established under 
subsection (a) shall include a continuous effort to review the 
industrial base supporting the Department of Defense, including the 
identification of markets of importance to the Department of Defense in 
which firms that are not traditional suppliers can make a significant 
contribution.
    (e) Firms That Are Not Traditional Suppliers.--For purposes of this 
section, a firm is not a traditional supplier of the Department of 
Defense if it does not currently have contracts and subcontracts to 
perform work for the Department of Defense with a total combined value 
in excess of $500,000.
    (f) <<NOTE: Definition.>>  Procurement Technical Assistance 
Center.--In this section, the term ``procurement technical assistance 
center'' means a center operating under a cooperative agreement with the 
Defense Logistics Agency to provide procurement technical assistance 
pursuant to the authority provided in chapter 142 of title 10, United 
States Code.
SEC. 892. <<NOTE: 10 USC 2306a note.>>  PRICE TREND ANALYSIS FOR 
                        SUPPLIES AND EQUIPMENT PURCHASED BY THE 
                        DEPARTMENT OF DEFENSE.

    (a) Price Trend Analysis Procedures.--
            (1) In general.--The Secretary of Defense shall develop and 
        implement procedures that, to the maximum extent practicable, 
        provide for the collection and analysis of information on price 
        trends for covered supplies and equipment purchased by the 
        Department of Defense. The procedures shall include an automated 
        process for identifying categories of covered supplies and 
        equipment described in paragraph (2) that have experienced 
        significant escalation in prices.
            (2) Category of covered supplies and equipment.--A category 
        of covered supplies and equipment referred to in paragraph (1) 
        consists of covered supplies and equipment that have the same 
        National Stock Number, are in a single Federal Supply Group or 
        Federal Supply Class, are provided by a single

[[Page 124 STAT. 4311]]

        contractor, or are otherwise logically grouped for the purpose 
        of analyzing information on price trends.
            (3) Requirement to examine causes of escalation.--An 
        analysis conducted pursuant to paragraph (1) shall include, for 
        any category in which significant escalation in prices is 
        identified, a more detailed examination of the causes of 
        escalation for such prices within the category and whether such 
        price escalation is consistent across the Department of Defense.
            (4) Requirement to address unjustified escalation.--The head 
        of a Defense Agency or the Secretary of a military department 
        shall take appropriate action to address any unjustified 
        escalation in prices being paid for items procured by that 
        agency or military department as identified in an analysis 
        conducted pursuant to paragraph (1).

    (b) Annual Report.--Not later than April 1 of each year, the 
Secretary of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House of 
Representatives a report on the analyses of price trends that were 
conducted for categories of covered supplies and equipment during the 
preceding fiscal year under the procedures implemented pursuant to 
paragraph (1). The report shall include a description of the actions 
taken to identify and address any unjustified price escalation for the 
categories of items.
    (c) Definitions.--In this section:
            (1) Supplies and equipment.--The term ``supplies and 
        equipment'' means items classified as supplies and equipment 
        under the Federal Supply Classification System.
            (2) Covered supplies and equipment.--The term ``covered 
        supplies and equipment'' means all supplies and equipment 
        purchased by the Department of Defense. The term does not 
        include major weapon systems but does include individual parts 
        and components purchased as spare or replenishment parts for 
        such weapon systems.

    (d) Sunset Date.--This section shall not be in effect on and after 
April 1, 2015.
SEC. 893. <<NOTE: 10 USC 2302 note.>>  CONTRACTOR BUSINESS 
                        SYSTEMS.

    (a) <<NOTE: Deadline.>>  Improvement Program.--Not later than 270 
days after the date of the enactment of this Act, the Secretary of 
Defense shall develop and initiate a program for the improvement of 
contractor business systems to ensure that such systems provide timely, 
reliable information for the management of Department of Defense 
programs by the contractor and by the Department.

    (b) Approval or Disapproval of Business Systems.--The program 
developed pursuant to subsection (a) shall--
            (1) include system requirements for each type of contractor 
        business system covered by the program;
            (2) establish a process for reviewing contractor business 
        systems and identifying significant deficiencies in such 
        systems;
            (3) identify officials of the Department of Defense who are 
        responsible for the approval or disapproval of contractor 
        business systems;
            (4) provide for the approval of any contractor business 
        system that does not have a significant deficiency; and
            (5) provide for--
                    (A) the disapproval of any contractor business 
                system that has a significant deficiency; and

[[Page 124 STAT. 4312]]

                    (B) reduced reliance on, and enhanced scrutiny of, 
                data provided by a contractor business system that has 
                been disapproved.

    (c) Remedial Actions.--The program developed pursuant to subsection 
(a) shall provide the following:
            (1) In the event a contractor business system is disapproved 
        pursuant to subsection (b)(5), appropriate officials of the 
        Department of Defense will be available to work with the 
        contractor to develop a corrective action plan defining specific 
        actions to be taken to address the significant deficiencies 
        identified in the system and a schedule for the implementation 
        of such actions.
            (2) An appropriate official of the Department of Defense may 
        withhold up to 10 percent of progress payments, performance-
        based payments, and interim payments under covered contracts 
        from a covered contractor, as needed to protect the interests of 
        the Department and ensure compliance, if one or more of the 
        contractor business systems of the contractor has been 
        disapproved pursuant to subsection (b)(5) and has not 
        subsequently received approval.
            (3) The amount of funds to be withheld under paragraph (2) 
        shall be reduced if a contractor adopts an effective corrective 
        action plan pursuant to paragraph (1) and is effectively 
        implementing such plan.

    (d) Guidance and Training.--The program developed pursuant to 
subsection (a) shall provide guidance and training to appropriate 
government officials on the data that is produced by contractor business 
systems and the manner in which such data should be used to effectively 
manage Department of Defense programs.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to prohibit an official of the Department of Defense from 
reviewing, approving, or disapproving a contractor business system 
pursuant to any applicable law or regulation in force as of the date of 
the enactment of this Act during the period between the date of the 
enactment of this Act and the date on which the Secretary implements the 
requirements of this section with respect to such system.
    (f) Definitions.--In this section:
            (1) The term ``contractor business system'' means an 
        accounting system, estimating system, purchasing system, earned 
        value management system, material management and accounting 
        system, or property management system of a contractor.
            (2) The term ``covered contractor'' means a contractor that 
        is subject to the cost accounting standards under section 26 of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 422).
            (3) The term ``covered contract'' means a cost-reimbursement 
        contract, incentive-type contract, time-and-materials contract, 
        or labor-hour contract that could be affected if the data 
        produced by a contractor business system has a significant 
        deficiency.
            (4) The term ``significant deficiency'', in the case of a 
        contractor business system, means a shortcoming in the system 
        that materially affects the ability of officials of the 
        Department of Defense and the contractor to rely upon 
        information produced by the system that is needed for management 
        purposes.

[[Page 124 STAT. 4313]]

    (g) Defense Contract Audit Agency Legal Resources and Expertise.--
            (1) Requirement.--The Secretary of Defense shall ensure 
        that--
                    (A) the Defense Contract Audit Agency has sufficient 
                legal resources and expertise to conduct its work in 
                compliance with applicable Department of Defense 
                policies and procedures; and
                    (B) such resources and expertise are provided in a 
                manner that is consistent with the audit independence of 
                the Defense Contract Audit Agency.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report on the steps taken to comply with the 
        requirements of this subsection.
SEC. 894. REVIEW AND RECOMMENDATIONS ON ELIMINATING BARRIERS TO 
                        CONTRACTING WITH THE DEPARTMENT OF 
                        DEFENSE.

    (a) Review and Recommendations.--The Secretary of Defense, acting 
through the Director of Small Business Programs in the Department of 
Defense, shall review barriers to firms that are not traditional 
suppliers to the Department of Defense wishing to contract with the 
Department of Defense and its defense supply centers and develop a set 
of recommendations on the elimination of such 
barriers. <<NOTE: Consultation.>>  The Director shall identify and 
consult with a wide range of firms that are not traditional suppliers to 
the Department of Defense for the purpose of identifying such barriers 
and developing such recommendations.

    (b) Definition.--For the purposes of this section, a firm is not a 
traditional supplier of the Department of Defense if it does not 
currently have contracts and subcontracts to perform work for the 
Department of Defense with a total combined value in excess of $500,000.
    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to Congress a report 
summarizing the findings and recommendations of the review conducted 
pursuant to this section.
SEC. 895. INCLUSION OF THE PROVIDERS OF SERVICES AND INFORMATION 
                        TECHNOLOGY IN THE NATIONAL TECHNOLOGY AND 
                        INDUSTRIAL BASE.

    (a) Revised Definitions.--Section 2500 of title 10, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``or maintenance'' and 
        inserting ``integration, services, or information technology'';
            (2) in paragraph (4), by striking ``or production'' and 
        inserting ``production, integration, services, or information 
        technology'';
            (3) in paragraph (9)(A), by striking ``and manufacturing'' 
        and inserting ``manufacturing, integration, services, and 
        information technology''; and
            (4) by adding at the end the following new paragraph:
            ``(15) The term `integration' means the process of providing 
        systems engineering and technical direction for a system for the 
        purpose of achieving capabilities that satisfy program 
        requirements.''.

[[Page 124 STAT. 4314]]

    (b) <<NOTE: 10 USC 2501.>>  Revised Objectives.--Section 2501(a) of 
such title is amended--
            (1) in paragraph (1), by striking ``Supplying and 
        equipping'' and inserting ``Supplying, equipping, and 
        supporting'';
            (2) in paragraph (2), by striking ``and logistics for'' and 
        inserting ``logistics, and other activities in support of'';
            (3) in paragraph (4), by striking ``and produce'' and 
        inserting ``, produce, and support''; and
            (4) by redesignating paragraph (6) as paragraph (8) and 
        inserting after paragraph (5) the following new paragraphs:
            ``(6) Providing for the generation of services capabilities 
        that are not core functions of the armed forces and that are 
        critical to military operations within the national technology 
        and industrial base.
            ``(7) Providing for the development, production, and 
        integration of information technology within the national 
        technology and industrial base.''.

    (c) Revised Assessments.--Section 2505(b)(4) of such title is 
amended by inserting after ``of this title)'' the following ``or major 
automated information system programs (as defined in section 2445a of 
this title)''.
    (d) Revised Policy Guidance.--Section 2506(a) of such title is 
amended by striking ``budget allocation, weapons'' and inserting 
``strategy, management, budget allocation,''.
SEC. 896. DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR MANUFACTURING 
                        AND INDUSTRIAL BASE POLICY; INDUSTRIAL 
                        BASE FUND.

    (a) Deputy Assistant Secretary of Defense.--Chapter 7 of title 10, 
United States Code, is amended by inserting after section 139d the 
following new section:
``Sec. 139e. Deputy Assistant Secretary of Defense for 
                  Manufacturing and Industrial Base Policy

    ``(a) Appointment.--There is a Deputy Assistant Secretary of Defense 
for Manufacturing and Industrial Base Policy, who shall be appointed by 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics and shall report to the Under Secretary.
    ``(b) Responsibilities.--The Deputy Assistant Secretary of Defense 
for Manufacturing and Industrial Base Policy shall be the principal 
advisor to the Under Secretary of Defense for Acquisition, Technology, 
and Logistics in the performance of the Under Secretary's duties 
relating to the following:
            ``(1) Providing input on industrial base matters to strategy 
        reviews, including quadrennial defense reviews conducted 
        pursuant to section 118 of this title.
            ``(2) Establishing policies of the Department of Defense for 
        maintenance of the defense industrial base of the United States.
            ``(3) Providing recommendations to the Under Secretary on 
        budget matters pertaining to the industrial base.
            ``(4) Providing recommendations to the Under Secretary on 
        supply chain management and supply chain vulnerability.
            ``(5) Providing input on industrial base matters to defense 
        acquisition policy guidance.

[[Page 124 STAT. 4315]]

            ``(6) Establishing the national security objectives 
        concerning the national technology and industrial base required 
        under section 2501 of this title.
            ``(7) Executing the national defense program for analysis of 
        the national technology and industrial base required under 
        section 2503 of this title.
            ``(8) Performing the national technology and industrial base 
        periodic defense capability assessments required under section 
        2505 of this title.
            ``(9) Establishing the technology and industrial base policy 
        guidance required under section 2506 of this title.
            ``(10) Executing the authorities of the Manufacturing 
        Technology Program under section 2521 of this title.
            ``(11) Carrying out the activities of the Department of 
        Defense relating to the Defense Production Act Committee 
        established under section 722 of the Defense Production Act of 
        1950 (50 U.S.C. App. 2171).
            ``(12) Consistent with section 2(b) of the Defense 
        Production Act of 1950 (50 U.S.C. App. 2062(b)), executing other 
        applicable authorities provided under the Defense Production Act 
        of 1950 (50 U.S.C. App. 2061 et seq.), including authorities 
        under titles I and II of such Act.
            ``(13) Establishing policies related to international 
        technology security and export control issues.
            ``(14) Establishing policies related to industrial 
        independent research and development programs under section 2372 
        of this title.
            ``(15) Such other duties as are assigned by the Under 
        Secretary.

    ``(c) Rule of Construction.--Nothing in subsection (b)(9) may be 
construed to limit the authority or modify the policies of the Committee 
on Foreign Investment in the United States established under section 
721(k) of the Defense Production Act of 1950 (50 U.S.C. App. 
2170(k)).''.
    (b) Industrial Base Fund.--
            (1) In general.--Chapter 148 of title 10, United States 
        Code, is amended by adding at the end the following new section:
``Sec. 2508. Industrial Base Fund

    ``(a) Establishment.--The Secretary of Defense shall establish an 
Industrial Base Fund (in this section referred to as the `Fund').
    ``(b) Control of Fund.--The Fund shall be under the control of the 
Under Secretary of Defense for Acquisition, Technology, and Logistics, 
acting through the Deputy Assistant Secretary of Defense for 
Manufacturing and Industrial Base Policy.
    ``(c) Amounts in Fund.--The Fund shall consist of amounts 
appropriated or otherwise made available to the Fund.
    ``(d) Use of Fund.--Subject to subsection (e), the Fund shall be 
used--
            ``(1) to support the monitoring and assessment of the 
        industrial base required by this chapter;
            ``(2) to address critical issues in the industrial base 
        relating to urgent operational needs;
            ``(3) to support efforts to expand the industrial base; and
            ``(4) to address supply chain vulnerabilities.

[[Page 124 STAT. 4316]]

    ``(e) Use of Fund Subject to Appropriations.--The authority of the 
Secretary of Defense to use the Fund under this section in any fiscal 
year is subject to the availability of appropriations for that purpose.
    ``(f) <<NOTE: Procedures.>>  Expenditures.--The Secretary shall 
establish procedures for expending monies in the Fund in support of the 
uses identified in subsection (d), including the following:
            ``(1) Direct obligations from the Fund.
            ``(2) Transfers of monies from the Fund to relevant 
        appropriations of the Department of Defense.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2508. Industrial Base Fund.''.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Reorganization of Office of the Secretary of Defense to carry 
           out reduction required by law in number of Deputy Under 
           Secretaries of Defense.

                      Subtitle B--Space Activities

Sec. 911. Integrated space architectures.
Sec. 912. Limitation on use of funds for costs of terminating contracts 
           under the National Polar-Orbiting Operational Environmental 
           Satellite System Program.
Sec. 913. Limitation on use of funds for purchasing Global Positioning 
           System user equipment.
Sec. 914. Plan for integration of space-based nuclear detection sensors.
Sec. 915. Preservation of the solid rocket motor industrial base.
Sec. 916. Implementation plan to sustain solid rocket motor industrial 
           base.
Sec. 917. Review and plan on sustainment of liquid rocket propulsion 
           systems industrial base.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Five-year extension of authority for Secretary of Defense to 
           engage in commercial activities as security for intelligence 
           collection activities.
Sec. 922. Modification of attendees at proceedings of Intelligence, 
           Surveillance, and Reconnaissance Integration Council.
Sec. 923. Report on Department of Defense interservice management and 
           coordination of remotely piloted aircraft support of 
           intelligence, surveillance, and reconnaissance.
Sec. 924. Report on requirements fulfillment and personnel management 
           relating to Air Force intelligence, surveillance, and 
           reconnaissance provided by remotely piloted aircraft.

     Subtitle D--Cyber Warfare, Cyber Security, and Related Matters

Sec. 931. Continuous monitoring of Department of Defense information 
           systems for cybersecurity.
Sec. 932. Strategy on computer software assurance.
Sec. 933. Strategy for acquisition and oversight of Department of 
           Defense cyber warfare capabilities.
Sec. 934. Report on the cyber warfare policy of the Department of 
           Defense.
Sec. 935. Reports on Department of Defense progress in defending the 
           Department and the defense industrial base from cyber events.

                        Subtitle E--Other Matters

Sec. 941. Two-year extension of authorities relating to temporary waiver 
           of reimbursement of costs of activities for nongovernmental 
           personnel at Department of Defense Regional Centers for 
           Security Studies.
Sec. 942. Additional requirements for quadrennial roles and missions 
           review in 2011.

[[Page 124 STAT. 4317]]

Sec. 943. Report on organizational structure and policy guidance of the 
           Department of Defense regarding information operations.
Sec. 944. Report on organizational structures of the geographic 
           combatant command headquarters.

              Subtitle A--Department of Defense Management

SEC. 901. REORGANIZATION OF OFFICE OF THE SECRETARY OF DEFENSE TO 
                        CARRY OUT REDUCTION REQUIRED BY LAW IN 
                        NUMBER OF DEPUTY UNDER SECRETARIES OF 
                        DEFENSE.

    (a) <<NOTE: 10 USC 131 note.>>  Redesignation of Certain Positions 
in Office of Secretary of Defense.--
            (1) Redesignation.--Positions in the Office of the Secretary 
        of Defense are hereby redesignated as follows:
                    (A) The Director of Defense Research and Engineering 
                is redesignated as the Assistant Secretary of Defense 
                for Research and Engineering.
                    (B) The Director of Operational Energy Plans and 
                Programs is redesignated as the Assistant Secretary of 
                Defense for Operational Energy Plans and Programs.
                    (C) 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.
            (2) <<NOTE: 5 USC 3104 note; 10 USC 1071 note, 2358 
        note, 2362, 2521 and note, 2925; 20 USC 9631; 22 USC 2751 
        note.>>  References.--Any reference in any law, rule, 
        regulation, paper, or other record of the United States to an 
        office of the Department of Defense redesignated by paragraph 
        (1) shall be deemed to be a reference to such office as so 
        redesignated.

    (b) Amendments to Chapter 4 of Title 10 Relating to 
Reorganization.--
            (1) Repeal of separate principal deputy under secretary of 
        defense provisions.--Sections 133a, 134a, and 136a of title 10, 
        United States Code, are repealed.
            (2) Components of osd.--Subsection (b) of section 131 of 
        such title is amended to read as follows:

    ``(b) The Office of the Secretary of Defense is composed of the 
following:
            ``(1) The Deputy Secretary of Defense.
            ``(2) The Under Secretaries of Defense, as follows:
                    ``(A) The Under Secretary of Defense for 
                Acquisition, Technology, and Logistics.
                    ``(B) The Under Secretary of Defense for Policy.
                    ``(C) The Under Secretary of Defense (Comptroller).
                    ``(D) The Under Secretary of Defense for Personnel 
                and Readiness.
                    ``(E) The Under Secretary of Defense for 
                Intelligence.
            ``(3) The Deputy Chief Management Officer of the Department 
        of Defense.
            ``(4) <<NOTE: Appointments. President.>>  Other officers who 
        are appointed by the President, by and with the advice and 
        consent of the Senate, and who report directly to the Secretary 
        and Deputy Secretary without intervening authority, as follows:

[[Page 124 STAT. 4318]]

                    ``(A) The Director of Cost Assessment and Program 
                Evaluation.
                    ``(B) The Director of Operational Test and 
                Evaluation.
                    ``(C) The General Counsel of the Department of 
                Defense.
                    ``(D) The Inspector General of the Department of 
                Defense.
            ``(5) The Principal Deputy Under Secretaries of Defense.
            ``(6) The Assistant Secretaries of Defense.
            ``(7) Other officials provided for by law, as follows:
                    ``(A) The Deputy Assistant Secretary of Defense for 
                Developmental Test and Evaluation appointed pursuant to 
                section 139b(a) of this title.
                    ``(B) The Deputy Assistant Secretary of Defense for 
                Systems Engineering appointed pursuant to section 
                139b(b) of this title.
                    ``(C) The Deputy Assistant Secretary of Defense for 
                Manufacturing and Industrial Base Policy appointed 
                pursuant to section 139c of this title.
                    ``(D) The Director of Small Business Programs 
                appointed pursuant to section 144 of this title.
                    ``(E) The official designated under section 1501(a) 
                of this title to have responsibility for Department of 
                Defense matters relating to missing persons as set forth 
                in section 1501 of this title.
                    ``(F) The Director of Family Policy under section 
                1781 of this title.
                    ``(G) The Director of the Office of Corrosion Policy 
                and Oversight assigned pursuant to section 2228(a) of 
                this title.
                    ``(H) The official designated under section 2438(a) 
                of this title to have responsibility for conducting and 
                overseeing performance assessments and root cause 
                analyses for major defense acquisition programs.
            ``(8) Such other offices and officials as may be established 
        by law or the Secretary of Defense may establish or designate in 
        the Office.''.
            (3) Principal deputy under secretaries of defense.--Section 
        137a of such title <<NOTE: 10 USC 137.>>  is amended--
                    (A) in subsections (a)(1), (b), and (d), by striking 
                ``Deputy Under'' and inserting ``Principal Deputy 
                Under'';
                    (B) in subsection (a)(2), by striking ``(A) The'' 
                and all that follows through ``(5) of subsection (c)'' 
                and inserting ``The Principal Deputy Under Secretaries 
                of Defense'';
                    (C) in subsection (c)--
                          (i) in paragraphs (1), (2), (3), (4), and (5), 
                      by striking ``One of the Deputy'' and inserting 
                      ``One of the Principal Deputy'';
                          (ii) in paragraphs (1), (2), and (3), by 
                      striking ``appointed'' and all that follows 
                      through ``this title'';
                          (iii) in paragraphs (4) and (5), by striking 
                      ``shall be'' and inserting ``is''; and
                          (iv) in paragraph (5), by inserting before the 
                      period at the end the following: ``, who shall be 
                      appointed from among persons who have extensive 
                      expertise in intelligence matters''; and

[[Page 124 STAT. 4319]]

                    (D) in subsection (d), by adding at the end the 
                following new sentence: ``The Principal Deputy Under 
                Secretaries shall take precedence among themselves in 
                the order prescribed by the Secretary of Defense.''.
            (4) Assistant secretaries of defense generally.--Section 138 
        of such title is <<NOTE: 10 USC 138.>>  amended--
                    (A) in subsection (a)--
                          (i) in paragraph (1), by striking ``12'' and 
                      inserting ``16''; and
                          (ii) in paragraph (2), by striking ``(A) The'' 
                      and all that follows through ``The other'' and 
                      inserting ``The'';
                    (B) in subsection (b)--
                          (i) in paragraphs (2), (3), (4), (5), and (6), 
                      by striking ``shall be'' and inserting ``is'';
                          (ii) in paragraph (7), by striking ``appointed 
                      pursuant to section 138a of this title''; and
                          (iii) by adding at the end the following 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 paragraph (1), the 
        Assistant Secretary of Defense for Research and Engineering 
        shall have the duties specified in section 138b of this title.
            ``(9) One of the Assistant Secretaries is the 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 Assistant 
        Secretary of Defense for Nuclear, Chemical, and Biological 
        Defense Programs. In addition to any duties and powers 
        prescribed under paragraph (1), the Assistant Secretary of 
        Defense for Nuclear, Chemical, and Biological Defense Programs 
        shall have the duties specified in section 138d of this 
        title.''; and
                    (C) in subsection (d), by striking ``and the 
                Director of Defense Research and Engineering'' and 
                inserting ``the Deputy Chief Management Officer of the 
                Department of Defense, the officials serving in 
                positions specified in section 131(b)(4) of this title, 
                and the Principal Deputy Under Secretaries of Defense''.
            (5) Assistant secretary for logistics and materiel 
        readiness.--Section 138a(a) of such title is amended--
                    (A) by striking ``There is a'' and inserting 
                ``The''; and
                    (B) by striking ``, appointed from civilian life by 
                the President, by and with the advice and consent of the 
                Senate. The Assistant Secretary''.
            (6) Assistant secretary for research and engineering.--
        Section 139a of such title is transferred so as to appear after 
        section 138a, redesignated as section 138b, and amended--
                    (A) by striking subsection (a);
                    (B) by redesignating subsections (b) and (c) as 
                subsections (a) and (b), respectively;
                    (C) in subsection (a), as so redesignated, by 
                striking ``Director of Defense Research and 
                Engineering'' and

[[Page 124 STAT. 4320]]

                inserting ``Assistant Secretary of Defense for Research 
                and Engineering''; and
                    (D) in subsection (b), as so redesignated--
                          (i) in paragraph (1), by striking ``Director 
                      of Defense Research and Engineering,'' and 
                      inserting ``Assistant Secretary of Defense for 
                      Research and Engineering,''; and
                          (ii) in paragraph (2), by striking 
                      ``Director'' and inserting ``Assistant 
                      Secretary''.
            (7) Assistant secretary for operational energy plans and 
        programs.--Section 139b of such title <<NOTE: 10 USC 139.>>  is 
        transferred so as to appear after section 138b (as transferred 
        and redesignated by paragraph (6)), redesignated as section 
        138c, and amended--
                    (A) in subsection (a), by striking ``There is a'' 
                and all that follows through ``The Director'' and 
                inserting ``The Assistant Secretary of Defense for 
                Operational Energy Plans and Programs'';
                    (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 departments'' and 
                      inserting ``The Secretary of each military 
                      department'';
                          (ii) by striking ``who will'' and inserting 
                      ``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 nuclear, chemical, and 
        biological defense programs.--Section 142 of such title is 
        transferred so as to appear after section 138c (as redesignated 
        and transferred by paragraph (7)), redesignated as section 138d, 
        and amended--
                    (A) by striking subsection (a);
                    (B) by redesignating subsection (b) as subsection 
                (a) and in that subsection, as so redesignated, by 
                striking ``The Assistant to the Secretary'' and 
                inserting ``The Assistant Secretary of Defense for 
                Nuclear, Chemical, and Biological Defense Programs''; 
                and
                    (C) by striking subsection (c) and inserting the 
                following new subsection (b):

    ``(b) The Assistant Secretary may communicate views on issues within 
the responsibility of the Assistant Secretary directly to the Secretary 
of Defense and the Deputy Secretary of Defense without obtaining the 
approval or concurrence of any other official within the Department of 
Defense.''.
    (c) Deputy Chief Management Officer.--
            (1) In general.--Chapter 4 of title 10, United States Code, 
        is further amended by inserting after section 132 the following 
        new section:

[[Page 124 STAT. 4321]]

``Sec. 132a. Deputy Chief Management Officer

    ``(a) <<NOTE: President.>>  Appointment.--There is a Deputy Chief 
Management Officer of the Department of Defense, appointed from civilian 
life by the President, by and with the advice and consent of the Senate.

    ``(b) Responsibilities.--The Deputy Chief Management Officer assists 
the Deputy Secretary of Defense in the Deputy Secretary's capacity as 
Chief Management Officer of the Department of Defense under section 
132(c) of this title.
    ``(c) Precedence.--The Deputy Chief Management Officer takes 
precedence in the Department of Defense after the Secretary of Defense, 
the Deputy Secretary of Defense, the Secretaries of the military 
departments, and the Under Secretaries of Defense.''.
            (2) <<NOTE: 10 USC 132.>>  Conforming amendment.--Section 
        132(c) of such title is amended by striking the second sentence.

    (d) Senior Official Responsible for Performance Assessments and Root 
Cause Analyses of MDAPs.--Section 103 of the Weapon Systems Acquisition 
Reform Act of 2009 (Public Law 111-23; 123 Stat. 1715; 10 U.S.C. 2430 
note) is transferred to chapter 144 of title 10, United States Code, 
inserted so as to appear after section 2437, redesignated as section 
2438, and amended--
            (1) in subsection (b)(2), by striking ``section 2433a(a)(1) 
        of title 10, United States Code (as added by section 206(a) of 
        this Act)'' and inserting ``section 2433a(a)(1) of this title'';
            (2) in subsection (b)(5)--
                    (A) by striking ``section 2433a of title 10, United 
                States Code (as so added)'' and inserting ``section 
                2433a of this title''; and
                    (B) by striking ``prior to'' both places it appears 
                and inserting ``before'';
            (3) in subsection (d), by striking ``section 2433a of title 
        10, United States Code (as so added)'' and inserting ``section 
        2433a of this title''; and
            (4) in subsection (f), by striking ``beginning in 2010,''.

    (e) Redesignation of DDTE as Deputy Assistant Secretary for 
Developmental Test and Evaluation and DSE as Deputy Assistant Secretary 
of Defense for Systems Engineering.--Section 139d of title 10, United 
States Code, is amended--
            (1) by striking ``Director of Developmental Test and 
        Evaluation'' each place it appears and inserting ``Deputy 
        Assistant Secretary of Defense for Developmental Test and 
        Evaluation'';
            (2) by striking ``Director of Systems Engineering'' each 
        place it appears and inserting ``Deputy Assistant Secretary of 
        Defense for Systems Engineering'';
            (3) in subsection (a)--
                    (A) by striking the subsection heading and inserting 
                ``Deputy Assistant Secretary of Defense for 
                Developmental Test and Evaluation.--'';
                    (B) by striking ``Director'' each place it appears 
                in paragraphs (2), (3), and (6) and inserting ``Deputy 
                Assistant Secretary'';
                    (C) in paragraph (4), by striking the paragraph 
                heading and inserting ``Coordination with deputy 
                assistant secretary of defense for systems 
                engineering.--'';
                    (D) in paragraph (5), by striking ``Director'' in 
                the matter preceding subparagraph (A) and inserting 
                ``Deputy Assistant Secretary''; and

[[Page 124 STAT. 4322]]

                    (E) in paragraph (6), by striking ``Director's'' and 
                inserting ``Deputy Assistant Secretary's''; and
            (4) in subsection (b)--
                    (A) by striking the subsection heading and inserting 
                ``Deputy Assistant Secretary of Defense for Systems 
                Engineering.--'';
                    (B) by striking ``Director'' each place it appears 
                in paragraphs (2), (3), (5), and (6) and inserting 
                ``Deputy Assistant Secretary'';
                    (C) in paragraph (4), by striking the paragraph 
                heading and inserting ``Coordination with deputy 
                assistant secretary of defense for developmental test 
                and evaluation.--''; and
                    (D) in paragraph (6), by striking ``Director's'' and 
                inserting ``Deputy Assistant Secretary's''.

    (f) Reorganization of Certain Provisions Within Chapter 4 To Account 
for Other Transfers of Provisions.--Chapter 4 of title 10, United States 
Code, is further amended by redesignating sections 139c, 139d (as 
amended by subsection (e)), and 139e (as added by section 896 of this 
Act) as sections 139a, 139b, and 139c, respectively.
    (g) Repeal of Statutory Requirement for Office for Missing Personnel 
in OSD.--Section 1501(a) of title 10, United States Code, is amended--
            (1) by striking the subsection heading and inserting the 
        following: ``Responsibility for Missing Personnel.--'';
            (2) in paragraph (1)--
                    (A) <<NOTE: Designation.>>  by striking ``establish 
                within the Office of the Secretary of Defense an office 
                to have responsibility 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 inserting ``of 
                the official designated under this paragraph'';
                    (D) by striking ``and'' at the end of subparagraph 
                (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 program 
        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), respectively;
            (4) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) The official designated under paragraph (1) shall also 
        serve as the Director, Defense Prisoner of War/Missing Personnel 
        Office, as established under paragraph (6)(A), exercising 
        authority, direction, and control over that activity.''.
            (5) in paragraph (3), as so redesignated--

[[Page 124 STAT. 4323]]

                    (A) by striking ``of the office'' the first place it 
                appears; and
                    (B) by striking ``head of the office'' and inserting 
                ``official designated under paragraph (1) and (2)'';
            (6) in paragraph (4), as so redesignated--
                    (A) by striking ``office'' and inserting 
                ``designated official''; and
                    (B) by inserting after ``evasion)'' the following: 
                ``and for personnel accounting (including 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 following: 
                      ``The Secretary of Defense shall establish an 
                      activity to account for personnel who are missing 
                      or whose remains have not been recovered from the 
                      conflict in which they were lost. This activity 
                      shall be known as the Defense Prisoner of War/
                      Missing Personnel Office.''; and
                          (ii) by striking ``office'' both places it 
                      appears and inserting ``activity'';
                    (B) in subparagraph (B)(i), by striking ``to the 
                office'' and inserting ``activity'';
                    (C) in subparagraph (B)(ii)--
                          (i) by striking ``to the office'' and 
                      inserting ``activity''; and
                          (ii) by striking ``of the office'' and 
                      inserting ``of the activity''; and
                    (D) in subparagraph (C), by striking ``office'' and 
                inserting ``activity''.

    (h) Clarification of Head of Office for Family Policy.--Section 1781 
of title 10, United States Code, is amended--
            (1) in subsection (a), by striking the second sentence and 
        inserting the following new sentence: ``The office shall be 
        headed by the Director of Family Policy, who shall serve within 
        the office of the Under Secretary of Defense for Personnel and 
        Readiness.''; and
            (2) by striking ``the Office'' each place it appears and 
        inserting ``the Director''.

    (i) Modification of Statutory Limitation on Number of Deputy Under 
Secretaries of Defense.--
            (1) Delay in limitation on number of dusds.--Section 
        906(a)(2) of the National Defense Authorization Act for Fiscal 
        Year 2010 (Public Law 111-84; 123 Stat. 2426; 10 U.S.C. 137a 
        note) is amended by striking ``January 1, 2011'' and inserting 
        ``January 1, 2015''.
            (2) <<NOTE: Time period. 10 USC 137a note.>>  Temporary 
        authority for additional dusds.--During the period beginning on 
        the date of the enactment of this Act and ending on January 1, 
        2015, the Secretary of Defense may, in the Secretary's 
        discretion, appoint not more than five Deputy Under Secretaries 
        of Defense in addition to the five Principal Deputy Under 
        Secretaries of Defense authorized by section 137a of title 10, 
        United States Code (as amended by subsection (b)(3)).
            (3) Report on plan for reorganization of osd.--

[[Page 124 STAT. 4324]]

                    (A) Report required.--Not later than September 15, 
                2013, the Secretary of Defense shall submit to the 
                Committees on Armed Services of the Senate and the House 
                of Representatives a report setting forth a plan for the 
                realignment of the organizational structure of the 
                Office of the Secretary of Defense to comply with the 
                requirement of section 906(a)(2) of the National Defense 
                Authorization Act for Fiscal Year 2010, as amended by 
                paragraph (1).
                    (B) Elements.--In preparing the report required by 
                subparagraph (A), the Secretary shall consider, at a 
                minimum, the feasibility of taking the following actions 
                on or before January 1, 2015:
                          (i) A merger of the position of Deputy Under 
                      Secretary of Defense (Installations and 
                      Environment) and the position of Assistant 
                      Secretary of Defense for Operational Energy Plans 
                      and Programs (as established in accordance with 
                      the amendments made by subsection (b)(7)) into a 
                      single Assistant Secretary position.
                          (ii) A realignment of positions within the 
                      Office of the Under Secretary of Defense for 
                      Policy to eliminate the position of Deputy Under 
                      Secretary of Defense (Strategy, Plans, and 
                      Forces).

    (j) Other Conforming Amendments to Title 10.--
            (1) Section 179(c) of title 10, United States Code, is 
        amended--
                    (A) in paragraphs (2) and (3), by striking 
                ``Assistant to the Secretary of Defense for Nuclear and 
                Chemical and Biological Defense Programs'' and inserting 
                ``Assistant Secretary of Defense for Nuclear, Chemical, 
                and Biological Defense Programs''; and
                    (B) in paragraph (3), by striking ``that Assistant 
                to the Secretary'' and inserting ``Assistant 
                Secretary''.
            (2) Section 2272 of such title is amended by striking 
        ``Director of Defense Research and Engineering'' each place it 
        appears and inserting ``Assistant Secretary of Defense for 
        Research and Engineering''.
            (3) Section 2365 of such title is amended--
                    (A) in subsection (a), by striking ``Director of 
                Defense Research and Engineering'' and inserting 
                ``Assistant Secretary'';
                    (B) in subsection (d)(1), by striking ``Director'' 
                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 Research and 
                      Engineering''; and
                          (ii) by striking ``Director may'' and 
                      inserting ``Assistant Secretary may''; and
                    (D) in subsection (e), by striking ``Director'' and 
                inserting ``Assistant Secretary''.
            (4) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and 
        2517(a) of such title are amended by striking ``Director of 
        Defense Research and Engineering'' and inserting ``Assistant 
        Secretary of Defense for Research and Engineering''.
            (5) Section 2902(b) of such title is amended--
                    (A) in paragraph (1), by striking ``Deputy Under 
                Secretary of Defense for Science and Technology'' and 
                inserting

[[Page 124 STAT. 4325]]

                ``official within the Office of the Assistant Secretary 
                of Defense for Research and Engineering who is 
                responsible for science and technology''; and
                    (B) in paragraph (3), by striking ``Deputy Under 
                Secretary of Defense'' and inserting ``official within 
                the Office of the Under Secretary of Defense for 
                Acquisition, Technology, and Logistics who is''.

    (k) Section Heading and Clerical Amendments.--
            (1) Section heading amendments.--
                    (A) The heading of section 137a of title 10, United 
                States Code, is amended to read as follows:
``Sec. 137a. Principal Deputy Under Secretaries of Defense''.
                    (B) The heading of section 138b of such title, as 
                transferred and redesignated by subsection (b)(6), is 
                amended to read as follows:
``Sec. 138b. Assistant Secretary of Defense for Research and 
                  Engineering''.
                    (C) The heading of section 138c of such title, as 
                transferred and redesignated by subsection (b)(7), is 
                amended to read as follows:
``Sec. 138c. Assistant Secretary of Defense for Operational Energy 
                  Plans and Programs''.
                    (D) The heading of section 138d of such title, as 
                transferred and redesignated by subsection (b)(8), is 
                amended to read as follows:
``Sec. 138d. Assistant Secretary of Defense for Nuclear, Chemical, 
                  and Biological Defense Programs''.
                    (E) The section heading of section 139b of such 
                title, as redesignated by subsection (f), is amended to 
                read as follows:
``Sec. 139b. Deputy Assistant Secretary of Defense for 
                  Developmental Test and Evaluation; Deputy 
                  Assistant Secretary of Defense for Systems 
                  Engineering: joint guidance''.
                    (F) The heading of section 2438 of such title, as 
                transferred and redesignated by subsection (d), is 
                amended to read as follows:
``Sec. 2438. Performance assessments and root cause analyses''.
            (2) Clerical amendments.--
                    (A) The table of sections at the beginning of 
                chapter 4 of such title is amended--
                          (i) by inserting after the item relating to 
                      section 132 the following new item:

``132a. Deputy Chief Management Officer.'';

                          (ii) by striking the items relating to 
                      sections 133a, 134a, and 136a;
                          (iii) by striking the item relating to section 
                      137a and inserting the following new item:

``137a. Principal Deputy Under Secretaries of Defense.'';


[[Page 124 STAT. 4326]]


                          (iv) by inserting after the item relating to 
                      section 138a the following new items:

``138b. Assistant Secretary of Defense for Research and Engineering.
``138c. Assistant Secretary of Defense for Operational Energy Plans and 
           Programs.
``138d. Assistant Secretary of Defense for Nuclear, Chemical, and 
           Biological Defense Programs.'';

                          (v) by striking the items relating to sections 
                      139a, 139b, 139c, and 139d and inserting the 
                      following new items:

``139a. Director of Cost Assessment and Program Evaluation.
``139b. Deputy Assistant Secretary of Defense for Developmental Test and 
           Evaluation; Deputy Assistant Secretary of Defense for Systems 
           Engineering: joint guidance.
``139c. Deputy Assistant Secretary of Defense for Manufacturing and 
           Industrial Base Policy.''; and

                          (vi) by striking the item relating to section 
                      142.
                    (B) The table of sections at the beginning of 
                chapter 144 of such title is amended by inserting after 
                the item relating to section 2437 the following new 
                item:

``2438. Performance assessments and root cause analyses.''.

    (l) Other Conforming Amendments.--
            (1) Public law 111-23.--Section 102(b) of the Weapon Systems 
        Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 
        1714; 10 U.S.C. 2430 note) is amended--
                    (A) by striking ``Director of Developmental Test and 
                Evaluation and the Director of Systems Engineering'' 
                each place it appears and inserting ``Deputy Assistant 
                Secretary of Defense for Developmental Test and 
                Evaluation and the Deputy Assistant Secretary of Defense 
                for Systems Engineering''; and
                    (B) in paragraph (3)--
                          (i) by striking the paragraph heading and 
                      inserting ``Assessment of reports by deputy 
                      assistant secretary of defense for developmental 
                      test and evaluation and deputy assistant secretary 
                      of defense for systems engineering.--''; and
                          (ii) by striking ``Directors'' and inserting 
                      ``Deputy Assistant Secretaries of Defense''.
            (2) Public law 110-181.--Section 214 of the National Defense 
        Authorization Act of Fiscal Year 2008 (10 U.S.C. 2521 note) is 
        amended by striking ``Director of Defense Research and 
        Engineering'' and inserting ``Assistant Secretary of Defense for 
        Research and Engineering''.

    (m) Technical Amendments.--
            (1) Section 131(a) of title 10, United States Code, is 
        amended by striking ``his'' and inserting ``the Secretary's''.
            (2) Section 132 of such title is amended by redesignating 
        subsection (d), as added by section 2831(a) of the Military 
        Construction Authorization Act for Fiscal Year 2010 (division B 
        of Public Law 111-84; 123 Stat. 2669), as subsection (e).
            (3) Section 135(c) of such title is amended by striking 
        ``clauses'' and inserting ``paragraphs''.

    (n) Executive Schedule Amendments.--
            (1) Number of assistant secretary of defense positions.--
        Section 5315 of title 5, United States Code, is amended

[[Page 124 STAT. 4327]]

        by striking the item relating to Assistant Secretaries of 
        Defense and inserting the following new item:
            ``Assistant Secretaries of Defense (16).''.
            (2) Positions redesignated as asd positions.--
                    (A) <<NOTE: 5 USC 5315.>>  Section 5315 of such 
                title is further amended by striking the item relating 
                to Director of Defense Research and Engineering.
                    (B) Section 5316 of such title is amended by 
                striking the item relating to Assistant to the Secretary 
                of Defense for Nuclear and Chemical and Biological 
                Defense Programs.
            (3) Amendments to strike references to positions in senior 
        executive service.--Section 5316 of such title is further 
        amended--
                    (A) by striking the item relating to Director, 
                Defense Advanced Research Projects Agency, Department of 
                Defense;
                    (B) by striking the item relating to Deputy General 
                Counsel, Department of Defense;
                    (C) by striking the item relating to Deputy Under 
                Secretaries of Defense for Research and Engineering, 
                Department of Defense; and
                    (D) by striking the item relating to Special 
                Assistant to the Secretary of Defense.

    (o) Inapplicability of Appointment Requirement to Certain 
Individuals Serving on Effective Date.--
            (1) <<NOTE: 10 USC 131 note.>>  In general.--Notwithstanding 
        this section and the amendments made by this section, the 
        individual serving as specified in paragraph (2) on December 31, 
        2010, may continue to serve in the applicable position specified 
        in that paragraph after that date without the requirement for 
        appointment by the President, by and with the advice and consent 
        of the Senate.
            (2) Covered individuals and positions.--The individuals and 
        positions specified in this paragraph are the following:
                    (A) In the case of the individual serving as 
                Director of Defense Research and Engineering, the 
                position of Assistant Secretary of Defense for Research 
                and Engineering.
                    (B) In the case of the individual serving as 
                Director of Operational Energy Plans and Programs, the 
                position of Assistant Secretary of Defense for 
                Operational Energy Plans and Programs.
                    (C) In the case of the individual serving as 
                Assistant to the Secretary of Defense for Nuclear and 
                Chemical and Biological Defense Programs, the position 
                of Assistant Secretary of Defense for Nuclear, Chemical, 
                and Biological Defense Programs.

    (p) <<NOTE: 10 USC 131 note.>>  Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        section and the amendments made by this section shall take 
        effect on January 1, 2011.
            (2) Certain matters.--Subsection (i) and the amendments made 
        by that subsection, and subsection (o), shall take effect on the 
        date of the enactment of this Act.

[[Page 124 STAT. 4328]]

                      Subtitle B--Space Activities

SEC. 911. <<NOTE: 10 USC 2271 note.>>  INTEGRATED SPACE 
                        ARCHITECTURES.

    The Secretary of Defense and the Director of National Intelligence 
shall develop an integrated process for 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 recommendations to guide 
        space-related defense and intelligence acquisitions, 
        requirements, and investment decisions;
            (3) is independent of, but coordinated with, the space 
        architecture planning, development, coordination, and analysis 
        activities of each military department and each element 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 practicable, joint 
        duty assignment (as defined in section 668 of title 10, United 
        States Code) positions.
SEC. 912. LIMITATION ON USE OF FUNDS FOR COSTS OF TERMINATING 
                        CONTRACTS UNDER THE NATIONAL POLAR-
                        ORBITING OPERATIONAL ENVIRONMENTAL 
                        SATELLITE SYSTEM PROGRAM.

    None of the funds authorized to be appropriated or otherwise made 
available by this Act to the Secretary of Defense for the National 
Polar-Orbiting Operational Environmental Satellite System Program may be 
obligated or expended for the costs of terminating a contract awarded 
under the Program unless the Secretary of Defense and the Secretary of 
Commerce enter into an agreement under which the Secretary of Defense 
and the Secretary of Commerce will each be responsible for half the 
costs of terminating the contract.
SEC. 913. <<NOTE: 10 USC 2281 note.>>  LIMITATION ON USE OF FUNDS 
                        FOR PURCHASING GLOBAL POSITIONING SYSTEM 
                        USER EQUIPMENT.

    (a) In General.--Except as provided in subsections (b) and (c), none 
of the funds authorized to be appropriated or otherwise made available 
by this Act or any other Act for the Department of Defense may be 
obligated or expended to purchase user equipment for the Global 
Positioning System during fiscal years after fiscal year 2017 unless the 
equipment is capable of receiving the military code (commonly known as 
the ``M code'') from the Global Positioning System.
    (b) Exception.--The limitation under subsection (a) shall not apply 
with respect to the purchase of passenger vehicles or commercial 
vehicles in which Global Positioning System equipment is installed.
    (c) Waiver.--The Secretary of Defense may waive the limitation under 
subsection (a) if the Secretary determines that--
            (1) suitable user equipment capable of receiving the 
        military code from the Global Positioning System is not 
        available; or
            (2) with respect to a purchase of user equipment, the 
        Department of Defense does not require that user equipment

[[Page 124 STAT. 4329]]

        to be capable of receiving the military code from the Global 
        Positioning System.
SEC. 914. PLAN FOR INTEGRATION OF SPACE-BASED NUCLEAR DETECTION 
                        SENSORS.

    (a) In General.--The Secretary of Defense shall, in consultation 
with the Director of National Intelligence and the Administrator for 
Nuclear Security, submit to the congressional defense committees a plan 
to integrate space-based nuclear detection sensors in a geosynchronous 
orbit on the Space-Based Infrared System or other satellite platforms.
    (b) Limitation on Use of Funds for the Space-Based Infrared 
System.--
            (1) In general.--Not more than 90 percent of the amounts 
        specified in paragraph (2) may be obligated or expended before 
        the date on which the Secretary of Defense submits to the 
        congressional defense committees the plan required by subsection 
        (a).
            (2) Amounts specified.--The amounts specified in this 
        paragraph are the following:
                    (A) The amount authorized to be appropriated by 
                section 103 for procurement for the Air Force for 
                missiles for the Space-Based Infrared System.
                    (B) The amount authorized to be appropriated by 
                section 201 for research, development, test, and 
                evaluation for the Air Force for the Space-Based 
                Infrared System.
SEC. 915. PRESERVATION OF THE SOLID ROCKET MOTOR INDUSTRIAL BASE.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall, in consultation with the 
Administrator of the National Aeronautics and Space Administration, 
submit to the appropriate committees of Congress a report on the impact 
of the cancellation of the Constellation program of the National 
Aeronautics and Space Administration on any anticipated next generation 
mission requirements for missile defense interceptors, tactical and 
strategic missiles, targets, and satellite and human spaceflight launch 
vehicles.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) A description and assessment of the effects on 
        Department of Defense programs that utilize solid rocket motors 
        of the cancellation of the Ares I, the Ares V, or their solid 
        rocket alternatives or derivatives, and all supporting elements.
            (2) A description of the plans of the Department of Defense 
        to mitigate the impact of the cancellation of the Ares I, the 
        Ares V, or their solid rocket alternatives or derivatives, and 
        all supporting elements, on the United States solid rocket motor 
        industrial base, including a description of the National 
        Aeronautics and Space Administration and Department of Defense 
        funding required to implement such plans between fiscal years 
        2012 and 2017.
            (3) A description of the impact of the cancellation of the 
        Ares I, Ares V, or their solid rocket alternatives or 
        derivatives, and all supporting elements, on international 
        partners in programs such as the D-5 Trident missile.
            (4) A detailed description of the source of the data used in 
        the report.

[[Page 124 STAT. 4330]]

    (c) Appropriate Committees of Congress Defined.--In this subsection, 
the term ``appropriate committees of Congress'' means--
            (1) the Committees on Armed Services, Commerce, Science, and 
        Transportation, and Appropriations of the Senate; and
            (2) the Committees on Armed Services, Science and 
        Technology, and Appropriations of the House of Representatives.
SEC. 916. IMPLEMENTATION PLAN TO SUSTAIN SOLID ROCKET MOTOR 
                        INDUSTRIAL BASE.

    (a) In General.--The Secretary of Defense shall develop an 
implementation plan to sustain the solid rocket motor industrial base 
that--
            (1) is based on the recommendations included in the report 
        submitted to the congressional defense committees under section 
        1078 of the National Defense Authorization Act for Fiscal Year 
        2010 (Public Law 111-84; 123 Stat. 2479); and
            (2) includes a funding plan for carrying out the 
        implementation plan.

    (b) Submittal to Congress.--The implementation plan required by 
subsection (a) shall be submitted to Congress with the budget of the 
President for fiscal year 2012 as submitted under section 1105(a) of 
title 31, United States Code.
SEC. 917. REVIEW AND PLAN ON SUSTAINMENT OF LIQUID ROCKET 
                        PROPULSION SYSTEMS INDUSTRIAL BASE.

    (a) In General.--The Secretary of Defense shall, in consultation 
with the Administrator of the National Aeronautics and Space 
Administration, review, and develop a plan to sustain, the liquid rocket 
propulsion systems industrial base.
    (b) Elements.--The review and plan required by subsection (a) shall 
address the following:
            (1) The capacity to maintain currently available liquid 
        rocket propulsion systems.
            (2) The maintenance of an intellectual and engineering 
        capacity to support next generation liquid rocket propulsion 
        systems and engines, as needed.
            (3) Opportunities for interagency collaboration and research 
        and development on future propulsion systems.

    (c) <<NOTE: Deadline.>>  Submittal to Congress.--Not later than 180 
days after the date of the enactment of this Act, the Secretary shall 
submit to the congressional defense committees the plan required by 
subsection (a).

                Subtitle C--Intelligence-Related Matters

SEC. 921. FIVE-YEAR EXTENSION OF AUTHORITY FOR SECRETARY OF 
                        DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES 
                        AS SECURITY FOR INTELLIGENCE COLLECTION 
                        ACTIVITIES.

    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. MODIFICATION OF ATTENDEES AT PROCEEDINGS OF 
                        INTELLIGENCE, SURVEILLANCE, AND 
                        RECONNAISSANCE INTEGRATION COUNCIL.

    (a) Findings.--Section 923(a)(4) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-163; 117

[[Page 124 STAT. 4331]]

Stat. 1574; 10 U.S.C. 426 note) is amended by striking ``National 
Foreign Intelligence Program (NFIP), Joint Military Intelligence Program 
(JMIP), and Tactical Intelligence and Related Activities Program 
(TIARA)'' and inserting ``National Intelligence Program (NIP) and a 
Military Intelligence Program (MIP)''.
    (b) Additional Authorized Attendees.--Section 426(a) of title 10, 
United States Code, is amended by adding at the end the following new 
paragraph:
    ``(4) Each Secretary of a military department may designate an 
officer or employee of such military department to attend the 
proceedings of the Council as a representative of such military 
department.''.
SEC. 923. REPORT ON DEPARTMENT OF DEFENSE INTERSERVICE MANAGEMENT 
                        AND COORDINATION OF REMOTELY PILOTED 
                        AIRCRAFT SUPPORT OF INTELLIGENCE, 
                        SURVEILLANCE, AND RECONNAISSANCE.

    (a) Report Required.--
            (1) Report to secretary of defense by chiefs of staff.--Not 
        later than 120 days after the date of the enactment of this Act, 
        the Chief of Staff of the Army, the Chief of Naval Operations, 
        and the Chief of Staff of the Air Force shall jointly submit to 
        the Secretary of Defense a report, in accordance with this 
        section, on remotely piloted aircraft (RPA) support of 
        intelligence, surveillance, and reconnaissance (ISR) within 
        their respective Armed Forces.
            (2) <<NOTE: Assessment. Recommenda- tions.>>  Transmittal to 
        congress.--Not later than 30 days after the receipt of the 
        report required by paragraph (1), the Secretary shall transmit 
        the report, together with the assessment and any recommendations 
        of the Secretary (including the matters required pursuant to 
        subsection (b)(2)), to the congressional defense committees.

    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) In the case of the report required by subsection (a)(1), 
        a description by each chief of staff referred to in that 
        subsection of--
                    (A) current and planned remotely piloted aircraft 
                inventories to support intelligence, surveillance, and 
                reconnaissance requirements over the period 2011 to 
                2020, including an identification of systems each Armed 
                Force considers organic and the systems capable of 
                providing theater-level support to the commanders of the 
                combatant commands;
                    (B) policy and processes of each Armed Force for 
                coordinating investments in remotely piloted aircraft to 
                meet joint force requirements for intelligence, 
                surveillance, and reconnaissance and to eliminate 
                unnecessary duplication in both development and 
                capability; and
                    (C) the current employment of remotely piloted 
                aircraft by each Armed Force, including the number of 
                remotely piloted aircraft deployed in support 
                operations, the number of remotely piloted aircraft 
                assigned for training, and the number of remotely 
                piloted aircraft warehoused, the capacity of each Armed 
                Force to process, exploit, and disseminate intelligence, 
                surveillance, and reconnaissance data collected, and the 
                extent to which assets are provided

[[Page 124 STAT. 4332]]

                to the joint community to meet requirements of the 
                combatant commands.
            (2) In the case of the transmittal required by subsection 
        (a)(2)--
                    (A) an assessment of the effectiveness of the 
                employment of remotely piloted aircraft by each Armed 
                Force, and a description of the percentage of joint 
                force requirements for intelligence, surveillance, and 
                reconnaissance that are being met by the remotely 
                piloted aircraft of each Armed Force;
                    (B) a description of the joint concept of operations 
                under which each Armed Force provides intelligence, 
                surveillance, and reconnaissance capabilities through 
                remotely piloted aircraft to meet the requirements of 
                the combatant commands;
                    (C) a description of the processes by which current 
                requirements of the commanders of the combatant commands 
                for intelligence, surveillance, and reconnaissance are 
                validated, and how the remotely piloted aircraft 
                capabilities of each Armed Force are assigned against 
                validated requirements;
                    (D) a description of the current intelligence, 
                surveillance, and reconnaissance requirements of each 
                combatant command through remotely piloted aircraft;
                    (E) a description of how the requirements described 
                under subparagraph (D) are being met;
                    (F) an identification of any mission degradation or 
                failure within the combatant commands due to lack of 
                intelligence, surveillance, and reconnaissance support;
                    (G) a description of various means of addressing any 
                shortfalls in meeting the requirements described under 
                subparagraph (D), including temporary shortfalls and 
                permanent shortfalls;
                    (H) a description of the organization of the 
                Unmanned Aerial System Task Force, including the goals 
                and objectives of the task force and the participation 
                and roles of each Armed Force within the task force;
                    (I) a description of the organization of the 
                Intelligence, Surveillance, and Reconnaissance Task 
                Force, including the goals and objectives of the task 
                force and the participation and roles of each Armed 
                Force within the task force; and
                    (J) an identification of any theater-level 
                intelligence, surveillance, and reconnaissance capacity 
                of an Armed Force that is not being made available by 
                services to fulfill joint force requirements for 
                intelligence, surveillance, and reconnaissance.

    (c)  Remotely Piloted Aircraft Defined.--In this section, the term 
``remotely piloted aircraft'' means any unmanned aircraft operated 
remotely, whether within or beyond line-of-sight, including unmanned 
aerial systems (UAS), unmanned aerial vehicles (UAV), remotely piloted 
vehicles (RPV), and remotely piloted aircraft (RPA).

[[Page 124 STAT. 4333]]

SEC. 924. REPORT ON REQUIREMENTS FULFILLMENT AND PERSONNEL 
                        MANAGEMENT RELATING TO AIR FORCE 
                        INTELLIGENCE, SURVEILLANCE, AND 
                        RECONNAISSANCE PROVIDED BY REMOTELY 
                        PILOTED AIRCRAFT.

    (a) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall, in 
coordination with the Under Secretary of Defense for Acquisition, 
Technology, and Logistics and the Under Secretary of Defense for 
Intelligence, submit to the appropriate committees of Congress a report 
on requirements fulfillment and personnel management in connection with 
Air Force intelligence, surveillance, and reconnaissance (ISR) provided 
by remotely piloted aircraft (RPA).
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the Joint Concept of Operation under 
        which the Air Force operates to fulfill intelligence, 
        surveillance, and reconnaissance requirements provided by 
        remotely piloted aircraft.
            (2) A description of the current requirements of each 
        combatant command for Air Force intelligence, surveillance, and 
        reconnaissance provided by remotely piloted aircraft, 
        including--
                    (A) the number of orbits or combat air patrols for 
                each major platform and sensor payload combination;
                    (B) the number of aircraft, aircraft operators, and 
                ground crews in each orbit or combat air patrol, 
                variations in the numbers of each, and the explanation 
                for such variations;
                    (C) a description of how requirements are being met 
                by the management of personnel, platforms, sensors, and 
                networks; and
                    (D) a description of various means of addressing any 
                shortfalls in meeting such requirements, including 
                temporary shortfalls and permanent shortfalls.
            (3) A description of manpower management to fulfill Air 
        Force mission requirements for intelligence, surveillance, and 
        reconnaissance requirements provided by remotely piloted 
        aircraft, including the current number of personnel associated 
        with each combat air patrol by remotely piloted aircraft for 
        aircraft pilots, sensor operators, mission intelligence 
        coordinators, and processing, exploitation, and dissemination 
        analysts (in this section referred to as ``operators and 
        analysts for remotely piloted aircraft'').
            (4) A description of current Air Force manpower requirements 
        for operators and analysts for remotely piloted aircraft, and 
        any plans for meeting such requirements, including--
                    (A) an identification of any shortfalls in 
                personnel, skill specialties, and grades; and
                    (B) any plans of the Air Force to address such 
                shortfalls, including--
                          (i) plans to address shortfalls in applicable 
                      career field retention rates; and
                          (ii) plans for utilization of National Guard 
                      and other reserve component personnel to address 
                      shortfalls in such personnel, skill specialties, 
                      and grades.

[[Page 124 STAT. 4334]]

            (5) A description of the projected Air Force manpower 
        requirements for operators and analysts for remotely piloted 
        aircraft in each of 2015 and 2020, including--
                    (A) an identification of any significant challenges 
                to achieving such requirements in particular skill 
                specialties and grades; and
                    (B) any plans of the Air Force to address such 
                challenges.
            (6) A description of the collaboration of the Air Force 
        with, and the reliance of the Air Force on, the other Armed 
        Forces and the combat support agencies, in asset management for 
        intelligence, surveillance, and reconnaissance by remotely 
        piloted aircraft, including personnel for processing, 
        exploitation, and dissemination.
            (7) A description of potential adverse consequences of 
        operating intelligence, surveillance, and reconnaissance by 
        remotely piloted aircraft, and associated intelligence support 
        infrastructure, in a surge, understaffed state, or both, 
        including--
                    (A) the impact of having to provide forward 
                processing, exploitation, and dissemination to support 
                emerging capabilities; and
                    (B) any plans of the Air Force to mitigate such 
                consequences.
            (8) A description of the status of Air Force training 
        programs for operators and analysts for remotely piloted 
        aircraft, including the ability to meet Air Force manpower 
        requirements for such operators and analysts, and plans for 
        increasing training capacity to match plans for expanding Air 
        Force intelligence, surveillance, and reconnaissance 
        capabilities.

    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Select Committee on Intelligence of the 
        Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

     Subtitle D--Cyber Warfare, Cyber Security, and Related Matters

SEC. 931. <<NOTE: 10 USC 2223 note.>>  CONTINUOUS MONITORING OF 
                        DEPARTMENT OF DEFENSE INFORMATION SYSTEMS 
                        FOR CYBERSECURITY.

    (a) In General.--The Secretary of Defense shall direct the Chief 
Information Officer of the Department of Defense to work, in 
coordination with the Chief Information Officers of the military 
departments and the Defense Agencies and with senior cybersecurity and 
information assurance officials within the Department of Defense and 
otherwise within the Federal Government, to achieve, to the extent 
practicable, the following:
            (1) The continuous prioritization of the policies, 
        principles, standards, and guidelines developed under section 20 
        of the National Institute of Standards and Technology Act (15 
        U.S.C. 278g-3) with agencies and offices operating or exercising 
        control of national security systems (including the National 
        Security Agency) based upon the evolving threat of information 
        security

[[Page 124 STAT. 4335]]

        incidents with respect to national security systems, the 
        vulnerability of such systems to such incidents, and the 
        consequences of information security incidents involving such 
        systems.
            (2) The automation of continuous monitoring of the 
        effectiveness of the information security policies, procedures, 
        and practices within the information infrastructure of the 
        Department of Defense, and the compliance of that infrastructure 
        with such policies, procedures, and practices, including 
        automation of--
                    (A) management, operational, and technical controls 
                of every information system identified in the inventory 
                required under section 3505(c) of title 44, United 
                States Code; and
                    (B) management, operational, and technical controls 
                relied on for evaluations under section 3545 of title 
                44, United States Code.

    (b) Definitions.--In this section:
            (1) The term ``information security incident'' means an 
        occurrence that--
                    (A) actually or potentially jeopardizes the 
                confidentiality, integrity, or availability of an 
                information system or the information such system 
                processes, stores, or transmits; or
                    (B) constitutes a violation or imminent threat of 
                violation of security policies, security procedures, or 
                acceptable use policies with respect to an information 
                system.
            (2) The term ``information infrastructure'' means the 
        underlying framework, equipment, and software that an 
        information system and related assets rely on to process, 
        transmit, receive, or store information electronically.
            (3) The term ``national security system'' has the meaning 
        given that term in section 3542(b)(2) of title 44, United States 
        Code.
SEC. 932. <<NOTE: 10 USC 2224 note.>>  STRATEGY ON COMPUTER 
                        SOFTWARE ASSURANCE.

    (a) <<NOTE: Deadline.>>  Strategy Required.--The Secretary of 
Defense shall develop and implement, by not later than October 1, 2011, 
a strategy for assuring the security of software and software-based 
applications for all covered systems.

    (b) Covered Systems.--For purposes of this section, a covered system 
is any critical information system or weapon system of the Department of 
Defense, including the following:
            (1) A major system, as that term is defined in section 
        2302(5) of title 10, United States Code.
            (2) A national security system, as that term is defined in 
        section 3542(b)(2) of title 44, United States Code.
            (3) Any Department of Defense information system categorized 
        as Mission Assurance Category I.
            (4) Any Department of Defense information system categorized 
        as Mission Assurance Category II in accordance with Department 
        of Defense Directive 8500.01E.

    (c) Elements.--The strategy required by subsection (a) shall include 
the following:
            (1) Policy and regulations on the following:
                    (A) Software assurance generally.
                    (B) Contract requirements for software assurance for 
                covered systems in development and production.

[[Page 124 STAT. 4336]]

                    (C) Inclusion of software assurance in milestone 
                reviews and milestone approvals.
                    (D) Rigorous test and evaluation of software 
                assurance in development, acceptance, and operational 
                tests.
                    (E) Certification and accreditation requirements for 
                software assurance for new systems and for updates for 
                legacy systems, including mechanisms to monitor and 
                enforce reciprocity of certification and accreditation 
                processes among the military departments and Defense 
                Agencies.
                    (F) Remediation in legacy systems of critical 
                software assurance deficiencies that are defined as 
                critical in accordance with the Application Security 
                Technical Implementation Guide of the Defense 
                Information Systems Agency.
            (2) Allocation of adequate facilities and other resources 
        for test and evaluation and certification and accreditation of 
        software to meet applicable requirements for research and 
        development, systems acquisition, and operations.
            (3) Mechanisms for protection against compromise of 
        information systems through the supply chain or cyber attack by 
        acquiring and improving automated tools for--
                    (A) assuring the security of software and software 
                applications during software development;
                    (B) detecting vulnerabilities during testing of 
                software; and
                    (C) detecting intrusions during real-time monitoring 
                of software applications.
            (4) Mechanisms providing the Department of Defense with the 
        capabilities--
                    (A) to monitor systems and applications in order to 
                detect and defeat attempts to penetrate or disable such 
                systems and applications; and
                    (B) to ensure that such monitoring capabilities are 
                integrated into the Department of Defense system of 
                cyber defense-in-depth capabilities.
            (5) An update to Committee for National Security Systems 
        Instruction No. 4009, entitled ``National Information Assurance 
        Glossary'', to include a standard definition for software 
        security assurance.
            (6) Either--
                    (A) mechanisms to ensure that vulnerable Mission 
                Assurance Category III information systems, if 
                penetrated, cannot be used as a foundation for 
                penetration of protected covered systems, and means for 
                assessing the effectiveness of such mechanisms; or
                    (B) plans to address critical vulnerabilities in 
                Mission Assurance Category III information systems to 
                prevent their use for intrusions of Mission Assurance 
                Category I systems and Mission Assurance Category II 
                systems.
            (7) A funding mechanism for remediation of critical software 
        assurance vulnerabilities in legacy systems.

    (d) Report.--Not later than October 1, 2011, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the strategy required by subsection (a). The report shall include the 
following:
            (1) A description of the current status of the strategy 
        required by subsection (a) and of the implementation of the

[[Page 124 STAT. 4337]]

        strategy, including a description of the role of the strategy in 
        the risk management by the Department regarding the supply chain 
        and in operational planning for cyber security.
            (2) A description of the risks, if any, that the Department 
        will accept in the strategy due to limitations on funds or other 
        applicable constraints.
SEC. 933. STRATEGY FOR ACQUISITION AND OVERSIGHT OF DEPARTMENT OF 
                        DEFENSE CYBER WARFARE CAPABILITIES.

    (a) Strategy Required.--The Secretary of Defense, in consultation 
with the Secretaries of the military departments, shall develop a 
strategy to provide for the rapid acquisition of tools, applications, 
and other capabilities for cyber warfare for the United States Cyber 
Command and the cyber operations components of the military departments.
    (b) Basic Elements.--The strategy required by subsection (a) shall 
include the following:
            (1) An orderly process for determining and approving 
        operational requirements.
            (2) A well-defined, repeatable, transparent, and disciplined 
        process for developing capabilities to meet such requirements, 
        in accordance with the information technology acquisition 
        process developed pursuant to section 804 of the National 
        Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
        84; 10 U.S.C. 2225 note).
            (3) The allocation of facilities and other resources to 
        thoroughly test such capabilities in development, before 
        deployment, and before use in order to validate performance and 
        take into account collateral damage and other so-called second-
        order effects.

    (c) Additional Elements.--The strategy required by subsection (a) 
shall also provide for the following:
            (1) Safeguards to prevent--
                    (A) the circumvention of operational requirements 
                and acquisition processes through informal relationships 
                among the United States Cyber Command, the Armed Forces, 
                the National Security Agency, and the Defense 
                Information Systems Agency; and
                    (B) the abuse of quick-reaction processes otherwise 
                available for the rapid fielding of capabilities.
            (2) The establishment of reporting and oversight processes 
        for requirements generation and approval for cyber warfare 
        capabilities, the assignment of responsibility for providing 
        capabilities to meet such requirements, and the execution of 
        development and deployment of such capabilities, under the 
        authority of the Chairman of the Joint Requirements Oversight 
        Council, the Under Secretary of Defense for Policy, and other 
        officials in the Office of the Secretary of Defense, as 
        designated in the strategy.
            (3) The establishment and maintenance of test and evaluation 
        facilities and resources for cyber infrastructure to support 
        research and development, operational test and evaluation, 
        operational planning and effects testing, and training by 
        replicating or emulating networks and infrastructure maintained 
        and operated by the military and political organizations of 
        potential United States adversaries, by domestic and foreign

[[Page 124 STAT. 4338]]

        telecommunications service providers, and by the Department of 
        Defense.
            (4) An organization or organizations within the Department 
        of Defense to be responsible for the operation and maintenance 
        of cyber infrastructure for research, development, test, and 
        evaluation purposes.
            (5) Appropriate disclosure regarding United States cyber 
        warfare capabilities to the independent test and evaluation 
        community, and the involvement of that community in the 
        development and maintenance of such capabilities, regardless of 
        classification.
            (6) The role of the private sector and appropriate 
        Department of Defense organizations in developing capabilities 
        to operate in cyberspace, and a clear process for determining 
        whether to allocate responsibility for responding to Department 
        of Defense cyber warfare requirements through Federal Government 
        personnel, contracts with private sector entities, or a 
        combination of both.
            (7) The roles of each military department, and of the combat 
        support Defense Agencies, in the development of cyber warfare 
        capabilities in support of offensive, defensive, and 
        intelligence operational requirements.
            (8) Mechanisms to promote information sharing, cooperative 
        agreements, and collaboration with international, interagency, 
        academic, and industrial partners in the development of cyber 
        warfare capabilities.
            (9) The manner in which the Department of Defense will 
        promote interoperability, share innovation, and avoid 
        unproductive duplication in cyber warfare capabilities through 
        specialization among the components of the Department 
        responsible for developing cyber capabilities.

    (d) Report on Strategy.--
            (1) Report required.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the appropriate committees of Congress a report on the 
        strategy required by subsection (a). The report shall include a 
        comprehensive description of the strategy and plans (including a 
        schedule) for the implementation of the strategy.
            (2) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Appropriations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
SEC. 934. REPORT ON THE CYBER WARFARE POLICY OF THE DEPARTMENT OF 
                        DEFENSE.

    (a) Report Required.--Not later than March 1, 2011, the Secretary of 
Defense shall submit to Congress a report on the cyber warfare policy of 
the Department of Defense.
    (b) Elements.--The report required under this section shall include 
the following:
            (1) A description of the policy and legal issues 
        investigated and evaluated by the Department in considering the 
        range

[[Page 124 STAT. 4339]]

        of missions and activities that the Department may choose to 
        conduct in cyberspace.
            (2) The decisions of the Secretary with respect to such 
        issues, and the recommendations of the Secretary to the 
        President for decisions on such of those issues as exceed the 
        authority of the Secretary to resolve, together with the 
        rationale and justification of the Secretary for such decisions 
        and recommendations.
            (3) A description of the intentions of the Secretary with 
        regard to modifying the National Military Strategy for 
        Cyberspace Operations.
            (4) The current use of, and potential applications of, 
        modeling and simulation tools to identify likely cybersecurity 
        vulnerabilities, as well as new protective and remediation 
        means, within the Department.
            (5) The application of modeling and simulation technology to 
        develop strategies and programs to deter hostile or malicious 
        activity intended to compromise Department information systems.

    (c) Form.--The report required under this section shall be submitted 
in unclassified form, but may include a classified annex.
SEC. 935. REPORTS ON DEPARTMENT OF DEFENSE PROGRESS IN DEFENDING 
                        THE DEPARTMENT AND THE DEFENSE INDUSTRIAL 
                        BASE FROM CYBER EVENTS.

    (a) Reports on Progress Required.--Not later than 180 days after the 
date of the enactment of this Act, and March 1 every year thereafter 
through 2015, the Secretary of Defense shall submit to the congressional 
defense committees a report on the progress of the Department of Defense 
in defending the Department and the defense industrial base from cyber 
events (such as attacks, intrusions, and theft).
    (b) Elements.--Each report under subsection (a) shall include the 
following:
            (1) In the case of the first report, a baseline for 
        measuring the progress of the Department of Defense in defending 
        the Department and the defense industrial base from cyber 
        events, including definitions of significant cyber events, an 
        appropriate categorization of various types of cyber events, the 
        basic methods used in various cyber events, the vulnerabilities 
        exploited in such cyber events, and the metrics to be utilized 
        to determine whether the Department is or is not making progress 
        against an evolving cyber threat.
            (2) An ongoing assessment of such baseline against key cyber 
        defense strategies (described in subsection (c)) to determine 
        implementation progress.
            (3)(A) A description of the nature and scope of significant 
        cyber events against the Department and the defense industrial 
        base during the preceding year, including, for each such event, 
        a description of the intelligence or other Department data 
        acquired, the extent of the corruption or compromise of 
        Department information or weapon systems, and the impact of such 
        event on the Department generally and on operational 
        capabilities.
            (B) For any such event that has been investigated by or on 
        behalf of the Damage Assessment Management Office,

[[Page 124 STAT. 4340]]

        a synopsis of each damage assessment report, with emphasis on 
        actions needing remediation.
            (4) A comparative assessment of the offensive cyber warfare 
        capabilities of current representative potential United States 
        adversaries and nations with advanced cyber warfare capabilities 
        with the capacity of the United States to defend--
                    (A) military networks and mission capabilities; and
                    (B) critical infrastructure.
            (5) A comparative assessment of the offensive cyber warfare 
        capabilities of the United States with the capacity of current 
        representative potential United States adversaries and nations 
        with advanced cyber warfare capabilities to defend against cyber 
        attacks.
            (6) A comparative assessment of the degree of dependency of 
        current representative potential United States adversaries, 
        nations with advanced cyber warfare capabilities, and the United 
        States on networks that can be attacked through cyberspace.
            (7) A description of known or suspected identified supply 
        chain vulnerabilities, including known or suspected supply chain 
        attacks, and actions to remediate such vulnerabilities.

    (c) Key Cyber Defense Strategies.--For purposes of subsection 
(b)(2), key cyber defense strategies include the following:
            (1) Relevant valid Homeland Security Presidential Directives 
        and National Security Presidential Directives.
            (2) The Comprehensive National Cybersecurity Initiative.
            (3) The National Military Strategy for Cyberspace Operations 
        implementation plan.

    (d) Performance of Certain Assessments.--The comparative assessment 
of critical infrastructure required by subsection (b)(4)(B) shall be 
performed by the Secretary of Homeland Security, in coordination with 
the Secretary of Defense and the heads of other agencies of the 
Government with specific responsibility for critical infrastructure.
    (e) Form.--Each report under this section shall be submitted in 
unclassified form, but may include a classified annex.

                        Subtitle E--Other Matters

SEC. 941. TWO-YEAR EXTENSION OF AUTHORITIES RELATING TO TEMPORARY 
                        WAIVER OF REIMBURSEMENT OF COSTS OF 
                        ACTIVITIES FOR NONGOVERNMENTAL PERSONNEL 
                        AT DEPARTMENT OF DEFENSE REGIONAL CENTERS 
                        FOR SECURITY STUDIES.

    (a) Extension of Waiver.--Paragraph (1) of section 941(b) of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by 
striking ``fiscal years 2009 and 2010'' and inserting ``fiscal years 
2009 through 2012''.
    (b) Annual Report.--Paragraph (3) of such section is amended by 
striking ``in 2010 and 2011'' and inserting ``in each year through 
2013''.

[[Page 124 STAT. 4341]]

SEC. 942. ADDITIONAL REQUIREMENTS FOR QUADRENNIAL ROLES AND 
                        MISSIONS REVIEW IN 2011.

    (a) Additional Activities Considered.--As part of the quadrennial 
roles and missions review conducted in 2011 pursuant to section 118b of 
title 10, United States Code, the Secretary of Defense shall give 
consideration to the following activities, giving particular attention 
to their role in counter-terrorism operations:
            (1) Information operations.
            (2) Detention and interrogation.

    (b) Additional Report Requirement.--In the report required by 
section 118b(d) of such title for such review in 2011, the Secretary of 
Defense shall--
            (1) <<NOTE: Guidance.>>  provide clear guidance on the 
        nature and extent of which core competencies are associated with 
        the activities listed in subsection (a); and
            (2) identify the elements of the Department of Defense that 
        are responsible or should be responsible for providing such core 
        competencies.
SEC. 943. <<NOTE: 10 USC 113 note.>>  REPORT ON ORGANIZATIONAL 
                        STRUCTURE AND POLICY GUIDANCE OF THE 
                        DEPARTMENT OF DEFENSE REGARDING 
                        INFORMATION OPERATIONS.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the organizational 
structure and policy guidance of the Department of Defense with respect 
to information operations.
    (b) Review.--In preparing the report required by subsection (a), the 
Secretary shall review the following:
            (1) The extent to which the current definition of 
        ``information operations'' in Department of Defense Directive 
        3600.1 is appropriate.
            (2) The location of the office within the Department of the 
        lead official responsible for information operations of the 
        Department, including assessments of the most effective location 
        and the need to designate a principal staff assistant to the 
        Secretary of Defense for information operations.
            (3) Departmental responsibility for the development, 
        coordination, and oversight of Department policy on information 
        operations and for the integration of such operations.
            (4) Departmental responsibility for the planning, execution, 
        and oversight of Department information operations.
            (5) Departmental responsibility for coordination within the 
        Department, and between the Department and other departments and 
        agencies of the Federal Government, regarding Department 
        information operations, and for the resolution of conflicts in 
        the discharge of such operations, including an assessment of 
        current coordination bodies and decisionmaking processes.
            (6) The roles and responsibilities of the military 
        departments, combat support agencies, the United States Special 
        Operations Command, and the other combatant commands in the 
        development and implementation of information operations.
            (7) The roles and responsibilities of the defense 
        intelligence agencies for support of information operations.

[[Page 124 STAT. 4342]]

            (8) The role in information operations of the following 
        Department officials:
                    (A) The Assistant Secretary of Defense for Public 
                Affairs.
                    (B) The Assistant Secretary of Defense for Special 
                Operations and Low-Intensity Conflict.
                    (C) The senior official responsible for information 
                processing and networking capabilities.
            (9) The role of related capabilities in the discharge of 
        information operations, including public affairs capabilities, 
        civil-military operations capabilities, defense support of 
        public diplomacy, and intelligence.
            (10) The management structure of computer network operations 
        in the Department for the discharge of information operations, 
        and the policy in support of that component.
            (11) The appropriate use, management, and oversight of 
        contractors in the development and implementation of information 
        operations, including an assessment of current guidance and 
        policy directives pertaining to the uses of contractors for 
        these purposes.

    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, with a classified annex, if necessary.
    (d) Department of Defense Directive.--Upon the submittal of the 
report required by subsection (a), the Secretary shall prescribe a 
revised directive for the Department of Defense on information 
operations. The directive shall take into account the results of the 
review conducted for purposes of the report.
    (e) Information Operations Defined.--In this section, the term 
``information operations'' means the information operations specified in 
Department of Defense Directive 3600.1, as follows:
            (1) Electronic warfare.
            (2) Computer network operations.
            (3) Psychological operations.
            (4) Military deception.
            (5) Operations security.
SEC. 944. REPORT ON ORGANIZATIONAL STRUCTURES OF THE GEOGRAPHIC 
                        COMBATANT COMMAND HEADQUARTERS.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense and the Chairman of the 
Joint Chiefs of Staff shall jointly submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives a report on the organizational structures of the 
headquarters of the geographic combatant commands.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the organizational structure of the 
        headquarters of each geographic combatant command.
            (2) An assessment of the benefits and limitations of the 
        different organizational structures in meeting the broad range 
        of military missions of the geographic combatant commands.
            (3) A description and assessment of the role and 
        contributions of other departments and agencies of the Federal 
        Government within each organizational structure, including a 
        description of any plans to expand interagency participation in 
        the geographic combatant commands in the future.

[[Page 124 STAT. 4343]]

            (4) A description of any lessons learned from the ongoing 
        reorganization of the organizational structure of the United 
        States Southern Command and the United States Africa Command, 
        including an assessment of the value, if any, added by the 
        position of civilian deputy to the commander of the United 
        States Southern Command and to the commander of the United 
        States Africa Command.
            (5) Any other matters the Secretary and the Chairman 
        consider appropriate.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional appropriations for operations in 
           Afghanistan, Iraq, and Haiti for fiscal year 2010.
Sec. 1003. Budgetary effects of this Act.

                   Subtitle B--Counter-Drug Activities

Sec. 1011. Unified counter-drug and counterterrorism campaign in 
           Colombia.
Sec. 1012. Extension and modification of joint task forces support to 
           law enforcement agencies conducting counter-terrorism 
           activities.
Sec. 1013. Reporting requirement on expenditures to support foreign 
           counter-drug activities.
Sec. 1014. Support for counter-drug activities of certain foreign 
           governments.
Sec. 1015. Notice to Congress on military construction projects for 
           facilities of the Department of Defense and foreign law 
           enforcement agencies for counter-drug activities.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Extension of authority for reimbursement of expenses for 
           certain Navy mess operations.
Sec. 1022. Expressing the sense of Congress regarding the naming of a 
           naval combat vessel after Father Vincent Capodanno.
Sec. 1023. Requirements for long-range plan for construction of naval 
           vessels.

                      Subtitle D--Counterterrorism

Sec. 1031. Extension of certain authority for making rewards for 
           combating terrorism.
Sec. 1032. Prohibition on the use of funds for the transfer or release 
           of individuals detained at United States Naval Station, 
           Guantanamo Bay, Cuba.
Sec. 1033. Certification requirements relating to the transfer of 
           individuals detained at Naval Station, Guantanamo Bay, Cuba, 
           to foreign countries and other foreign entities.
Sec. 1034. Prohibition on the use of funds to modify or construct 
           facilities in the United States to house detainees 
           transferred from United States Naval Station, Guantanamo Bay, 
           Cuba.
Sec. 1035. Comprehensive review of force protection policies.

             Subtitle E--Homeland Defense and Civil Support

Sec. 1041. Limitation on deactivation of existing Consequence Management 
           Response Forces.

                     Subtitle F--Studies and Reports

Sec. 1051. Interagency national security knowledge and skills.
Sec. 1052. Report on establishing a Northeast Regional Joint Training 
           Center.
Sec. 1053. Comptroller General report on previously requested reports.
Sec. 1054. Biennial report on nuclear triad.
Sec. 1055. Comptroller General study on common alignment of world 
           regions in departments and agencies with international 
           responsibilities.
Sec. 1056. Required reports concerning bomber modernization, 
           sustainment, and recapitalization efforts in support of the 
           national defense strategy.
Sec. 1057. Comptroller General study and recommendations regarding 
           security of southern land border of the United States.

          Subtitle G--Miscellaneous Authorities and Limitations

Sec. 1061. Public availability of Department of Defense reports required 
           by law.

[[Page 124 STAT. 4344]]

Sec. 1062. Prohibition on infringing on the individual right to lawfully 
           acquire, possess, own, carry, and otherwise use privately 
           owned firearms, ammunition, and other weapons.
Sec. 1063. Development of criteria and methodology for determining the 
           safety and security of nuclear weapons.

                        Subtitle H--Other Matters

Sec. 1071. National Defense Panel.
Sec. 1072. Sale of surplus military equipment to State and local 
           homeland security and emergency management agencies.
Sec. 1073. Defense research and development rapid innovation program.
Sec. 1074. Authority to make excess nonlethal supplies available for 
           domestic emergency assistance.
Sec. 1075. Technical and clerical amendments.
Sec. 1076. Study on optimal balance of manned and remotely piloted 
           aircraft.
Sec. 1077. Treatment of successor contingency operation to Operation 
           Iraqi Freedom.
Sec. 1078. Program to assess the utility of non-lethal weapons.
Sec. 1079. Sense of Congress on strategic nuclear force reductions.

                      Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority to Transfer Authorizations.--
            (1) <<NOTE: Determination.>>  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 Department of Defense in 
        this division for fiscal year 2011 between any such 
        authorizations for that fiscal year (or any subdivisions 
        thereof). Amounts of authorizations so transferred shall be 
        merged with and be available for the same purposes as the 
        authorization to which transferred.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section may not exceed 
        $4,000,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations 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
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.

    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority 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 transferred.
    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 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

[[Page 124 STAT. 4345]]

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 procurement accounts are increased as 
        follows:
                    (A) For aircraft procurement, Army, by $182,170,000.
                    (B) For weapons and tracked combat vehicles 
                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 Protected Vehicle 
                Fund, by $1,123,000,000.
                    (M) For defense-wide activities, by $189,276,000.
            (2) The amounts provided in section 1508 of such Act for 
        research, development, test, and evaluation 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 operation 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.
                    (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.

[[Page 124 STAT. 4346]]

                    (R) For Working Capital Funds, by $974,967,000.
            (4) The amount provided in section 1512 of such Act for 
        military personnel accounts is increased by $1,895,761,000.
SEC. 1003. BUDGETARY EFFECTS OF THIS ACT.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Committee on the Budget of the House of 
Representatives, as long as such statement has been submitted prior to 
the vote on passage of this Act.

                   Subtitle B--Counter-Drug Activities

SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 
                          COLOMBIA.

    Section 1021 of the Ronald W. Reagan National Defense 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
            (2) in subsection (c), by striking ``2010'' and inserting 
        ``2011''.
SEC. 1012. EXTENSION AND MODIFICATION OF JOINT TASK FORCES SUPPORT 
                          TO LAW ENFORCEMENT AGENCIES CONDUCTING 
                          COUNTER-TERRORISM ACTIVITIES.

    (a) Extension.--Subsection (b) of section 1022 of the National 
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is 
amended by striking ``2010'' and inserting ``2011''.
    (b) Availability of Authority.--
            (1) Additional condition on authority for support and 
        associated waiver authority.--Subsection (d) of such section is 
        amended--
                    (A) by inserting ``(1)'' before ``Any support''; and
                    (B) by adding at the end the following new 
                paragraph:

    ``(2)(A) <<NOTE: Determination.>>  Support for counter-terrorism 
activities provided under subsection (a) may only be provided if the 
Secretary of Defense determines that the objectives of using the 
counter-drug funds of any joint task force to provide such support 
relate significantly to the objectives of providing support for counter-
drug activities by that joint task force or any other joint task force.

    ``(B) <<NOTE: Waiver authority.>>  The Secretary of Defense may 
waive the requirements of subparagraph (A) if the Secretary determines 
that such a waiver is vital to the national security interests of the 
United States. The Secretary <<NOTE: Notice.>>  shall promptly submit to 
Congress notice in writing of any waiver issued under this subparagraph.

    ``(C) The Secretary of Defense may delegate any responsibility of 
the Secretary under subparagraph (B) to the Deputy Secretary of Defense 
or to the Under Secretary of Defense for Policy. Except as provided in 
the preceding sentence, such a responsibility may not be delegated to 
any official of the Department of Defense or any other official.''.

[[Page 124 STAT. 4347]]

            (2) Annual certification of compliance.--Subsection (c) of 
        such section <<NOTE: 10 USC 371.>>  is amended by adding at the 
        end the following new paragraph:
            ``(4) A certification by the Secretary of Defense that any 
        support provided under subsection (a) during such one-year 
        period was provided in compliance with the requirements of 
        subsection (d).''.
            (3) Interim compliance report.--Not later than 90 days after 
        the date of the enactment of this Act, the Secretary of Defense 
        shall submit to Congress a report setting forth--
                    (A) a description of each support activity provided 
                by a joint task force under subsection (a) of section 
                1022 of the National Defense Authorization Act for 
                Fiscal Year 2004 (10 U.S.C. 371 note), as of the date of 
                the submittal of such report; and
                    (B) a certification as to whether or not each such 
                activity has been provided in compliance with the 
                requirements of subsection (d) of such section, as 
                amended by paragraph (1) of this subsection.
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT 
                          FOREIGN COUNTER-DRUG ACTIVITIES.

    Section 1022(a) of the Floyd D. Spence National Defense 
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''.
SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN 
                          GOVERNMENTS.

    (a) In General.--Subsection (a)(2) of section 1033 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 
Stat. 1881), as most recently amended by section 1014(a) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2442), is further amended by striking ``2010'' and inserting 
``2012''.
    (b) Maximum Amount of Support.--Subsection (e)(2) of such section is 
amended by striking ``either of fiscal years 2009 and 2010'' and 
inserting ``any of the fiscal years 2009 through 2012''.
SEC. 1015. NOTICE TO CONGRESS ON MILITARY CONSTRUCTION PROJECTS 
                          FOR FACILITIES OF THE DEPARTMENT OF 
                          DEFENSE AND FOREIGN LAW ENFORCEMENT 
                          AGENCIES FOR COUNTER-DRUG ACTIVITIES.

    (a) Notice to Congress.--
            (1) Notice.--Section 1004 of the National Defense 
        Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is 
        amended--
                    (A) in subsection (b)(4), by inserting ``for the 
                purpose of facilitating'' after ``within or outside the 
                United States or''; and
                    (B) in subsection (h)(2)(A)--
                          (i) by striking ``modification or repair'' and 
                      inserting ``construction, modification, or 
                      repair'';
                          (ii) by striking ``a Department of Defense 
                      facility'' and inserting ``any facility''; and

[[Page 124 STAT. 4348]]

                          (iii) by striking ``purpose'' and inserting 
                      ``purposes''.
            (2) Construction of notice.--Subsection (h) of such section 
        is further <<NOTE: 10 USC 374 note.>>  amended by adding at the 
        end the following new paragraph:

    ``(3) This subsection may not be construed as an authorization for 
the use of funds for any military construction project that would exceed 
the approved cost limitations of an unspecified minor military 
construction project under section 2805(a)(2) of title 10, United States 
Code.''.
    (b) <<NOTE: 10 USC 374 note.>>  Effective Date.--The amendments made 
by subsection (a) shall take effect on the date of the enactment of this 
Act, and shall apply with respect to facilities projects for which a 
decision is made to be carried out on or after that date.

                 Subtitle C--Naval Vessels and Shipyards

SEC. 1021. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF EXPENSES 
                          FOR CERTAIN NAVY MESS OPERATIONS.

    (a) Extension.--Subsection (b) of section 1014 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4585) is amended by striking ``September 30, 2010'' and 
inserting ``September 30, 2015''.
    (b) Clarification of Scope of Authority.--Subsection (a) of such 
section is amended by inserting ``in any fiscal year'' after ``may be 
used''.
SEC. 1022. EXPRESSING THE SENSE OF CONGRESS REGARDING THE NAMING 
                          OF A NAVAL COMBAT VESSEL AFTER FATHER 
                          VINCENT CAPODANNO.

    (a) Findings.--Congress makes the following findings:
            (1) Father Vincent Capodanno was born on February 13, 1929, 
        in Staten Island, New York.
            (2) After attending Fordham University for a year, he 
        entered the Maryknoll Missionary Seminary in upstate New York in 
        1949, and was ordained a Catholic priest in June 1957.
            (3) Father Capodanno's first assignment as a missionary was 
        working with aboriginal Taiwanese people in the mountains of 
        Taiwan where he served in a parish and later in a school. After 
        several years, Father Capodanno returned to the United States 
        for leave and then was assigned to a Maryknoll school in Hong 
        Kong.
            (4) Father Vincent Capodanno volunteered as a Navy Chaplain 
        and was commissioned a Lieutenant in the Chaplain Corps of the 
        United States Naval Reserve in December 28, 1965.
            (5) Father Vincent Capodanno selflessly extended his combat 
        tour in Vietnam on the condition he was allowed to remain with 
        the infantry.
            (6) On September 4, 1967, during a fierce battle in the 
        Thang Binh District of the Que-Son Valley in Vietnam, Father 
        Capodanno went among the wounded and dying, giving last rites 
        and caring for the injured. He was killed that day while taking 
        care of his Marines.
            (7) On January 7, 1969, Father Vincent Capodanno was awarded 
        the Medal of Honor posthumously for comforting the

[[Page 124 STAT. 4349]]

        wounded and dying during the Vietnam conflict. For his dedicated 
        service, Father Capodanno was also awarded the Bronze Star, the 
        Purple Heart, the Presidential Unit Citation, the National 
        Defense Service Medal, the Vietnam Service Medal, the Vietnam 
        Gallantry Cross with Palm, and the Vietnam Campaign Medal.
            (8) In his memory, the U.S.S. Capodanno was commissioned on 
        September 17, 1973. It is the only Naval vessel to date to have 
        received a Papal blessing by Pope John Paul II in Naples, Italy, 
        on September 4, 1981.
            (9) The U.S.S. Capodanno was decommissioned on July 30, 
        1993.

    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of the Navy should name a combat vessel of the United States 
Navy the ``U.S.S. Father Vincent Capodanno'', in honor of Father Vincent 
Capodanno, a lieutenant in the Navy Chaplain Corps.
SEC. 1023. REQUIREMENTS FOR LONG-RANGE PLAN FOR CONSTRUCTION OF 
                          NAVAL VESSELS.

    (a) In General.--Section 231 of title 10, United States Code, is 
amended to read as follows:
``Sec. 231. Long-range plan for construction of naval vessels

    ``(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 
quadrennial defense review, the Secretary of the Navy shall submit to 
the congressional defense committees a long-range plan for the 
construction of combatant and support vessels for the Navy that supports 
the force structure recommendations of the quadrennial defense review.
    ``(b) Matters Included.--The plan under subsection (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 certification 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 paragraphs (1) 
        and (2)--
                    ``(A) a determination by the Director of Cost 
                Assessment and Program Evaluation of the level of 
                funding necessary to execute such schedules; and
                    ``(B) an evaluation by the Director of the potential 
                risk associated with such schedules, including detailed

[[Page 124 STAT. 4350]]

                effects on operational plans, missions, deployment 
                schedules, and fulfillment of the requirements of the 
                combatant commanders.

    ``(c) Naval Composition.--In submitting the plan under subsection 
(a), the Secretary shall ensure that such plan is in accordance with 
section 5062(b) of this title.
    ``(d) Assessment When Budget Is Insufficient.--If the budget for a 
fiscal year provides for funding of the construction of naval vessels at 
a level that is less than the level determined necessary by the Director 
of Cost Assessment and Program Evaluation under subsection (b)(5), the 
Secretary of the Navy shall include with the defense budget materials 
for that fiscal year an assessment that describes and discusses the 
risks associated with the budget, including the risk associated with a 
reduced force structure that may result from funding naval vessel 
construction at such a level.
    ``(e) <<NOTE: Deadline. Reports.>>  CBO Evaluation.--Not later than 
60 days after the date on which the congressional defense committees 
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 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) <<NOTE: Reports.>>  Changes to the Construction Plan.--In any 
year in which a quadrennial defense review is not submitted and the 
budget of the President submitted under section 1105(a) of title 31 
decreases the number of vessels requested in the future-years defense 
program submitted under section 221 of this title, the Secretary of the 
Navy shall submit to the congressional defense committees a report on 
such decrease including--
            ``(1) an addendum to the most recent quadrennial defense 
        review that fully explains and justifies the decrease with 
        respect to the national security strategy of the United States 
        as set forth in the most recent national security strategy 
        report of the President under section 108 of the National 
        Security Act of 1947 (50 U.S.C. 404a); and
            ``(2) a description of the additional reviews and analyses 
        considered by the Secretary after the previous quadrennial 
        defense review was submitted that justify the decrease.

    ``(g) Definitions.--In this section:
            ``(1) The term `budget', with respect to a fiscal year, 
        means the budget for that fiscal year that is submitted to 
        Congress by the President under section 1105(a) of title 31.
            ``(2) The term `defense budget materials', with respect to a 
        fiscal year, means the materials submitted to Congress by the 
        Secretary of Defense in support of the budget for that fiscal 
        year.
            ``(3) The term `quadrennial defense review' means the review 
        of the defense programs and policies of the United States that 
        is carried out every four years under section 118 of this 
        title.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 9 of such title is amended by striking the item relating to 
section 231 and inserting the following new item:

``231. Long-range plan for construction of naval vessels.''.

[[Page 124 STAT. 4351]]

                      Subtitle D--Counterterrorism

SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAKING REWARDS FOR 
                          COMBATING TERRORISM.

    Section 127b(c)(3)(C) of title 10, United States Code, is amended by 
striking ``2010'' and inserting ``2011''.
SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR 
                          RELEASE OF INDIVIDUALS DETAINED AT 
                          UNITED STATES NAVAL STATION, GUANTANAMO 
                          BAY, CUBA.

    None <<NOTE: Khalid Sheikh Mohammed.>>  of the funds authorized to 
be appropriated by this Act for fiscal year 2011 may be used to 
transfer, release, or assist in the transfer or release to or within the 
United States, its territories, or possessions of Khalid Sheikh Mohammed 
or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after January 20, 2009, at United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.
SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OF 
                          INDIVIDUALS DETAINED AT NAVAL STATION, 
                          GUANTANAMO BAY, CUBA, TO FOREIGN 
                          COUNTRIES AND OTHER FOREIGN ENTITIES.

    (a) Limitation.--
            (1) <<NOTE: Time period. Deadline.>>  In general.--Except as 
        provided in paragraph (2), during the one-year period beginning 
        on the date of the enactment of this Act, the Secretary of 
        Defense may not use any of the amounts authorized to be 
        appropriated by this Act or otherwise available to the 
        Department of Defense to transfer any individual detained at 
        Guantanamo to the custody or effective control of the 
        individual's country of origin, any other foreign country, or 
        any other foreign entity unless the Secretary submits to 
        Congress the certification described in subsection (b) by not 
        later than 30 days before the transfer of the individual.
            (2) Exception.--Paragraph (1) shall not apply to any action 
        taken by the Secretary to transfer any individual detained at 
        Guantanamo to effectuate an order affecting the disposition of 
        the individual that is issued by a court or competent tribunal 
        of the United States having lawful 
        jurisdiction. <<NOTE: Notification.>>  The Secretary shall 
        notify Congress promptly upon issuance of any such order.

    (b) Certification.--The certification described in this subsection 
is a written certification made by the Secretary of Defense, with the 
concurrence of the Secretary of State, that the government of the 
foreign country or the recognized leadership of the foreign entity to 
which the individual detained at Guantanamo is to be transferred--
            (1) is not a designated state sponsor of terrorism or a 
        designated foreign terrorist organization;
            (2) maintains effective control over each detention facility 
        in which an individual is to be detained if the individual is to 
        be housed in a detention facility;
            (3) is not, as of the date of the certification, facing a 
        threat that is likely to substantially affect its ability to 
        exercise control over the individual;

[[Page 124 STAT. 4352]]

            (4) has agreed to take effective steps to ensure that the 
        individual cannot take action to threaten the United States, its 
        citizens, or its allies in the future;
            (5) has taken such steps as the Secretary determines are 
        necessary to ensure that the individual cannot engage or re-
        engage in any terrorist activity; and
            (6) has agreed to share any information with the United 
        States that--
                    (A) is related to the individual or any associates 
                of the individual; and
                    (B) could affect the security of the United States, 
                its citizens, or its allies.

    (c) Prohibition and Waiver in Cases of Prior Confirmed Recidivism.--
            (1) <<NOTE: Time period.>>  Prohibition.--Except as provided 
        in paragraph (3), during the one-year period beginning on the 
        date of the enactment of this Act, the Secretary of Defense may 
        not use any amount authorized to be appropriated or otherwise 
        made available to the Department of Defense to transfer any 
        individual detained at Guantanamo to the custody or effective 
        control of the individual's country of origin, any other foreign 
        country, or any other foreign entity if there is a confirmed 
        case of any individual who was detained at United States Naval 
        Station, Guantanamo Bay, Cuba, at any time after September 11, 
        2001, who was transferred to the foreign country or entity and 
        subsequently engaged in any terrorist activity.
            (2) <<NOTE: Determination.>>  Waiver.--The Secretary of 
        Defense may waive the prohibition in paragraph (1) if the 
        Secretary determines that such a transfer is in the national 
        security interests of the United States and includes, as part of 
        the certification described in subsection (b) relating to such 
        transfer, the determination of the Secretary under this 
        paragraph.
            (3) Exception.--Paragraph (1) shall not apply to any action 
        taken by the Secretary to transfer any individual detained at 
        Guantanamo to effectuate an order affecting the disposition of 
        the individual that is issued by a court or competent tribunal 
        of the United States having lawful 
        jurisdiction. <<NOTE: Notification.>>  The Secretary shall 
        notify Congress promptly upon issuance of any such order.

    (d) Definitions.--For the purposes of this section:
            (1) The term ``individual detained at Guantanamo'' means any 
        individual who is located at United States Naval Station, 
        Guantanamo Bay, Cuba, as of October 1, 2009, who--
                    (A) is not a citizen of the United States or a 
                member of the Armed Forces of the United States; and
                    (B) is--
                          (i) in the custody or under the effective 
                      control of the Department of Defense; or
                          (ii) otherwise under detention at United 
                      States Naval Station, Guantanamo Bay, Cuba.
            (2) The term ``foreign terrorist organization'' means any 
        organization so designated by the Secretary of State under 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189).

[[Page 124 STAT. 4353]]

SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MODIFY OR CONSTRUCT 
                          FACILITIES IN THE UNITED STATES TO HOUSE 
                          DETAINEES TRANSFERRED FROM UNITED STATES 
                          NAVAL STATION, GUANTANAMO BAY, CUBA.

    (a) In General.--None of the funds authorized to be appropriated by 
this Act may be used to construct or modify any facility in the United 
States, its territories, or possessions to house any individual 
described in subsection (c) for the purposes of detention or 
imprisonment in the custody or under the effective control of the 
Department of Defense.
    (b) Exception.--The prohibition in subsection (a) shall not apply to 
any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.
    (c) Individuals Described.--An individual described in this 
subsection is any individual who, as of October 1, 2009, is located at 
United States Naval Station, Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    (d) Report on Use of Facilities in the United States to House 
Detainees Transferred From Guantanamo.--
            (1) Report required.--Not later than April 1, 2011, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report, in classified or unclassified form, on the 
        merits, costs, and risks of using any proposed facility in the 
        United States, its territories, or possessions to house any 
        individual described in subsection (c) for the purposes of 
        detention or imprisonment in the custody or under the effective 
        control of the Department of Defense.
            (2) Elements of the report.--The report required in 
        paragraph (1) shall include each of the following:
                    (A) A discussion of the merits associated with any 
                such proposed facility that would justify--
                          (i) using the facility instead of the facility 
                      at United States Naval Station, Guantanamo Bay, 
                      Cuba; and
                          (ii) the proposed facility's contribution to 
                      effecting a comprehensive policy for continuing 
                      military detention operations.
                    (B) The rationale for selecting the specific site 
                for any such proposed facility, including details for 
                the processes and criteria used for identifying the 
                merits described in subparagraph (A) and for selecting 
                the proposed site over reasonable alternative sites.
                    (C) A discussion of any potential risks to any 
                community in the vicinity of any such proposed facility, 
                the measures that could be taken to mitigate such risks, 
                and the likely cost to the Department of Defense of 
                implementing such measures.
                    (D) A discussion of any necessary modifications to 
                any such proposed facility to ensure that any detainee 
                transferred from Guantanamo Bay to such facility could 
                not come into contact with any other individual, 
                including any other person detained at such facility, 
                that is not approved

[[Page 124 STAT. 4354]]

                for such contact by the Department of Defense, and an 
                assessment of the likely costs of such modifications.
                    (E) A discussion of any support at the site of any 
                such proposed facility that would likely be provided by 
                the Department of Defense, including the types of 
                support, the number of personnel required for each such 
                type, and an estimate of the cost of such support.
                    (F) A discussion of any support, other than support 
                provided at a proposed facility, that would likely be 
                provided by the Department of Defense for the operation 
                of any such proposed facility, including the types of 
                possible support, the number of personnel required for 
                each such type, and an estimate of the cost of such 
                support.
                    (G) A discussion of the legal issues, in the 
                judgment of the Secretary of Defense, that could be 
                raised as a result of detaining or imprisoning any 
                individual described in subsection (c) at any such 
                proposed facility that could not be raised while such 
                individual is detained or imprisoned at United States 
                Naval Station, Guantanamo Bay, Cuba.
SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTECTION POLICIES.

    (a) Comprehensive Review Required.--The Secretary of Defense shall 
conduct a comprehensive review of Department of Defense policies, 
regulations, instructions, and directives pertaining to force protection 
within the Department.
    (b) Matters Covered.--The review required under subsection (a) shall 
include an assessment of each of the following:
            (1) Information sharing practices across the Department of 
        Defense, and among the State, local, and Federal partners of the 
        Department of Defense.
            (2) Antiterrorism and force protection standards relating to 
        buildings, including standoff distances.
            (3) Protective standards relating to chemical, biological, 
        radiological, nuclear, and high explosives threats.
            (4) Standards relating to access to Department bases.
            (5) Standards for identity management within the Department, 
        including such standards for identity cards and biometric 
        identifications systems.
            (6) Procedures for validating and approving individuals with 
        regular or episodic access to military installations, including 
        military personnel, civilian employees, contractors, family 
        members of personnel, and other types of visitors.
            (7) Procedures for sharing with appropriate Department of 
        Defense officials with responsibility for force protection--
                    (A) information from the intelligence or law 
                enforcement community regarding possible threats from 
                terrorists or terrorist groups, criminal organizations, 
                or other state and non-state foreign entities actively 
                working to undermine the security interests of the 
                United States; and
                    (B) information regarding personnel who have engaged 
                in potentially suspicious activities or may otherwise 
                pose a threat.
            (8) Any legislative changes recommended for implementing the 
        recommendations contained in the review.

[[Page 124 STAT. 4355]]

    (c) Interim Report.--Not later than September 1, 2012, the Secretary 
of Defense shall submit an interim report on the comprehensive review 
required under subsection (a).
    (d) Final Report.--Not later than March 1, 2013, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a final report on the comprehensive review 
required under subsection (a). The final report shall include such 
findings and recommendations as the Secretary considers appropriate 
based on the review, including recommended actions to be taken to 
implement the specific recommendations in the final report. The final 
report shall be submitted in an unclassified format, but may include a 
classified annex.

             Subtitle E--Homeland Defense and Civil Support

SEC. 1041. LIMITATION ON DEACTIVATION OF EXISTING CONSEQUENCE 
                          MANAGEMENT RESPONSE FORCES.

    (a) <<NOTE: Certification.>>  Limitation.--The Secretary of Defense 
shall ensure that no Chemical, Biological, Radiological, Nuclear, or 
High-Yield Explosive Consequence Management Response Force established 
as of October 1, 2009, is deactivated or disestablished until the 
Secretary provides a certification described in subsection (b).

    (b) Certification.--The certification described in this subsection 
is a written certification to the congressional defense committees that 
there exists within the United States Armed Forces an alternative 
chemical, biological, radiological, nuclear, or high-yield explosive 
consequence management response capability that is at least as capable 
as two Chemical, Biological, Radiological, Nuclear, or High-Yield 
Explosive Consequence Management Response Forces.
    (c) Report Required.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        congressional defense committees a report on plans of the 
        Department of Defense to establish Homeland Response Forces for 
        domestic emergency response to incidents involving weapons of 
        mass destruction.
            (2) Elements of report.--The report required by this 
        subsection shall include the following:
                    (A) A detailed description of the analysis that led 
                to the decision to establish Homeland Response Forces 
                described in paragraph (1), including--
                          (i) whether consideration was given to 
                      establishing Homeland Response Forces within the 
                      Reserves; and
                          (ii) the reasons for not planning to establish 
                      any Homeland Response Forces within the Reserves.
                    (B) A detailed description of the plans to establish 
                Homeland Response Forces, including--
                          (i) the cost and schedule to establish, equip, 
                      maintain, and operate the proposed Homeland 
                      Response Forces;
                          (ii) guidelines for the employment of Homeland 
                      Response Forces; and
                          (iii) the portion of the costs of Homeland 
                      Response Forces that will be borne by the States.

[[Page 124 STAT. 4356]]

                    (C) A detailed description of the proposed number 
                and composition of Homeland Response Forces, including--
                          (i) the number and type of units in each 
                      Homeland Response Force; and
                          (ii) the number of personnel in each Homeland 
                      Response Force.
                    (D) A comparative assessment of the emergency 
                response capabilities of a Homeland Response Force with 
                the capabilities of a Chemical, Biological, 
                Radiological, Nuclear, or High-Yield Explosive 
                Consequence Management Response Force, including--
                          (i) a comparison of the equipment proposed for 
                      each type of force;
                          (ii) a comparison of the proposed means of 
                      transportation for each type of force;
                          (iii) an estimate of the time it would take 
                      each type of force to deploy to an incident site; 
                      and
                          (iv) an estimate of the operational duration 
                      of each type of force at such a site.
                    (E) A description of the command and control 
                arrangements proposed for the Homeland Response Forces, 
                including a description of the degree to which the 
                Homeland Response Forces would be subject to the 
                direction and control of the Department of Defense, as 
                compared to the Governor of the State in which they are 
                located.
                    (F) The results of the United States Northern 
                Command study of the possible concepts of operations and 
                of the implementation of the Homeland Response Force 
                plan in such a manner as to provide adequate capability 
                to provide Federal defense support to civil authorities 
                during domestic incidents involving weapons of mass 
                destruction.
                    (G) Any other matters the Secretary considers 
                appropriate.
            (3) Form of report.--The report required by this subsection 
        shall be in unclassified form, but may include a classified 
        annex.

                     Subtitle F--Studies and Reports

SEC. 1051. INTERAGENCY NATIONAL SECURITY KNOWLEDGE AND SKILLS.

    (a) Study Required.--
            (1) <<NOTE: Deadline. Contracts.>>  Selection of independent 
        study organization.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Defense shall select 
        and enter into an agreement with an appropriate independent, 
        nonprofit organization to conduct a study of the matters 
        described in subsection (b).
            (2) Qualifications of organization selected.--The 
        organization selected shall be qualified on the basis of having 
        relevant expertise in the fields of national security and human 
        capital development, and on the basis of such other criteria as 
        the Secretary of Defense may determine.

    (b) <<NOTE: Recommenda- tions.>>  Matters to Be Covered.--The study 
required by subsection (a) shall assess the current state of interagency 
national

[[Page 124 STAT. 4357]]

security knowledge and skills in Department of Defense civilian and 
military personnel, and make recommendations for strengthening such 
knowledge and skills. At minimum, the study shall include assessments 
and recommendations on--
            (1) interagency national security training, education, and 
        rotational assignment opportunities available to civilians and 
        military personnel;
            (2) integration of interagency national security education 
        into the professional military education system;
            (3) levels of interagency national security knowledge and 
        skills possessed by personnel currently serving in civilian 
        executive and general or flag officer positions, as represented 
        by the interagency education, training, and professional 
        experiences they have undertaken;
            (4) incentives that enable and encourage military and 
        civilian personnel to undertake interagency assignment, 
        education, and training opportunities, as well as disincentives 
        and obstacles that discourage undertaking such opportunities; 
        and
            (5) any plans or current efforts to improve the interagency 
        national security knowledge and skills of civilian and military 
        personnel.

    (c) Report.--Not later than December 1, 2011, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing the findings and recommendations from the study required by 
subsection (a).
    (d) Definition.--In this section, the term ``interagency national 
security knowledge and skills'' means an understanding of, and the 
ability to efficiently and expeditiously work within, the structures, 
mechanisms, and processes by which the departments, agencies, and 
elements of the Federal Government that have national security missions 
coordinate and integrate their policies, capabilities, budgets, 
expertise, and activities to accomplish such missions.
SEC. 1052. REPORT ON ESTABLISHING A NORTHEAST REGIONAL JOINT 
                          TRAINING CENTER.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the need for the 
establishment of a Northeast Regional Joint Training Center.
    (b) Contents of Report.--The report required under subsection (a) 
shall include each of the following:
            (1) A list of facilities in the Northeastern United States 
        at which, as of the date of the enactment of this Act, the 
        Department of Defense has deployed or has committed to deploying 
        joint training.
            (2) A description of the extent to which such facilities 
        have sufficient unused capacity and expertise to accommodate and 
        fully utilize joint training.
            (3) A list of potential locations for the Northeast Regional 
        Joint Training Center discussed in the report.

    (c) Considerations With Respect to Location.--In determining 
potential locations for the Northeast Regional Joint Training Center to 
be discussed in the report required under subsection (a), the Secretary 
of Defense shall take into consideration Department of Defense 
facilities that have--
            (1) a workforce of skilled personnel;

[[Page 124 STAT. 4358]]

            (2) live, virtual, and constructive training capabilities, 
        and the ability to digitally connect them and the associated 
        battle command structure at the tactical and operational levels;
            (3) an extensive deployment history in Operation Enduring 
        Freedom and Operation Iraqi Freedom;
            (4) a location in the Northeastern United States;
            (5) the capacity or potential capacity to accommodate a 
        target training audience range of 500 to 4,000 additional 
        personnel; and
            (6) the capability to accommodate the training of current 
        and future joint forces.
SEC. 1053. COMPTROLLER GENERAL REPORT ON PREVIOUSLY REQUESTED 
                          REPORTS.

    (a) Report Required.--Not later than March 1, 2011, the Comptroller 
General of the United States shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives a report evaluating the sufficiency, adequacy, and 
conclusions of the following reports:
            (1) The report on Air Force fighter force shortfalls, as 
        required by the report of the House of Representatives numbered 
        111-166, which accompanied the National Defense Authorization 
        Act for Fiscal Year 2010 (Public Law 111-84).
            (2) The report on procurement of 4.5 generation fighters, as 
        required by section 131 of the National Defense Authorization 
        Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2218).
            (3) The report on combat air forces restructuring, as 
        required by the report of the House of Representatives numbered 
        111-288, which accompanied the conference report for the 
        National Defense Authorization Act for Fiscal Year 2010 (Public 
        Law 111-84).

    (b) Matters Covered by Report.--The report required by subsection 
(a) shall examine the potential costs and benefits of each of the 
following:
            (1) The service life extension program costs to sustain the 
        legacy fighter fleet to meet inventory requirements with an 
        emphasis on the service life extension program compared to other 
        options such as procurement of 4.5 generation fighters.
            (2) The Falcon Structural Augmentation Roadmap of F-16s, 
        with emphasis on the cost-benefit of such effort and the effect 
        of such efforts on the service life of the airframes.
            (3) Any additional programs designed to extend the service 
        life of legacy fighter aircraft.

    (c) Prohibition.--No fighter aircraft may be retired from the Air 
Force or the Air National Guard inventory in fiscal year 2011 until the 
date that is 90 days after the date on which the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives receive the report required under subsection (a).
SEC. 1054. <<NOTE: 10 USC 113 note.>>  BIENNIAL REPORT ON NUCLEAR 
                          TRIAD.

    (a) <<NOTE: Effective date.>>  Report.--Not later than March 1 of 
each even-numbered year, beginning March 1, 2012, the Secretary of 
Defense, in consultation with the Administrator for Nuclear Security, 
shall submit to the congressional defense committees a report on the 
nuclear triad.

[[Page 124 STAT. 4359]]

    (b) Matters Included.--The report under subsection (a) shall include 
the following:
            (1) A detailed discussion of the modernization and 
        sustainment plans for each component of the nuclear triad over 
        the 10-year period beginning on the date of the report.
            (2) The funding required for each platform of the nuclear 
        triad with respect to operation and maintenance, modernization, 
        and replacement.
            (3) Any industrial capacities that the Secretary considers 
        vital to ensure the viability of the nuclear triad.

    (c) Nuclear Triad Defined.--In this section, the term ``nuclear 
triad'' means the nuclear deterrent capabilities of the United States 
composed of ballistic missile submarines, land-based missiles, and 
strategic bombers.
SEC. 1055. COMPTROLLER GENERAL STUDY ON COMMON ALIGNMENT OF WORLD 
                          REGIONS IN DEPARTMENTS AND AGENCIES WITH 
                          INTERNATIONAL RESPONSIBILITIES.

    (a) Study Required.--The Comptroller General of the United States 
shall conduct a study to assess the need for and implications of a 
common alignment of world regions in the internal organization of 
departments and agencies of the Federal Government with international 
responsibilities.
    (b) Departments and Agencies.--The following departments and 
agencies, at a minimum, shall be included in the study:
            (1) The Department of State.
            (2) The Department of the Treasury.
            (3) The Department of Defense.
            (4) The Department of Justice.
            (5) The Department of Commerce.
            (6) The Department of Homeland Security.
            (7) The United States Agency for International Development.
            (8) The agencies comprising the intelligence community.
            (9) Such other departments, agencies, and Federal 
        organizations with significant international responsibilities as 
        the Comptroller General considers appropriate.

    (c) Cooperation and Access.--The heads of the departments and 
agencies included in the study shall provide full cooperation with, and 
access to appropriate information on organizational structures to, the 
Comptroller General for the purposes of conducting the study.
    (d) Matters Covered.--The study required under subsection (a) shall, 
at a minimum, assess--
            (1) problems and inefficiencies resulting from lack of a 
        common alignment, including impediments to interagency 
        collaboration;
            (2) obstacles to implementing a common alignment;
            (3) advantages and disadvantages of a common alignment; and
            (4) measures taken to address challenges associated with the 
        lack of a common alignment.

    (e) Report.--The Comptroller General shall submit to Congress a 
report on the study required under subsection (a) not later than 180 
days after the date of the enactment of this Act.

[[Page 124 STAT. 4360]]

SEC. 1056. REQUIRED REPORTS CONCERNING BOMBER MODERNIZATION, 
                          SUSTAINMENT, AND RECAPITALIZATION 
                          EFFORTS IN SUPPORT OF THE NATIONAL 
                          DEFENSE STRATEGY.

    (a) Air Force Report.--
            (1) Report required.--Not later than 360 days after the date 
        of the enactment of this Act, the Secretary of the Air Force 
        shall submit to the congressional defense committees a report 
        that includes--
                    (A) a discussion of the cost, schedule, and 
                performance of all planned efforts to modernize and keep 
                viable the existing B-1, B-2, and B-52 bomber fleets and 
                a discussion of the forecasted service-life and all 
                sustainment challenges that the Secretary of the Air 
                Force may confront in keeping those platforms viable 
                until the anticipated retirement of such aircraft;
                    (B) a discussion, presented in a comparison and 
                contrast type format, of the scope of the 2007 Next-
                Generation Long Range Strike Analysis of Alternatives 
                guidance and subsequent Analysis of Alternatives report 
                tasked by the Under Secretary of Defense for 
                Acquisition, Technology, and Logistics in the September 
                11, 2006, Acquisition Decision Memorandum, as compared 
                to the scope and directed guidance of the year 2010 Long 
                Range Strike Study effort currently being conducted by 
                the Under Secretary of Defense for Policy and the Office 
                of the Secretary of Defense's Cost Assessment and 
                Program Evaluation Office; and
                    (C) a discussion of the preliminary costs, any 
                development, testing, fielding and operational 
                employment challenges, capability gaps, limitations, and 
                shortfalls of the Secretary of Defense's plan to field a 
                long-range, penetrating, survivable, persistent and 
                enduring ``family of systems'' as compared to the 
                preliminary costs, any development, testing, fielding, 
                and operational employment of a singular platform that 
                encompasses all the required aforementioned 
                characteristics.
            (2) Preparation of report.--The report under paragraph (1) 
        shall be prepared by a federally funded research and development 
        center selected by the Secretary of the Air Force and submitted 
        to the Secretary for submittal by the Secretary in accordance 
        with that paragraph.

    (b) Cost Analysis and Program Evaluation Report.--Not later than 180 
days after the date of the enactment of this Act, the Director of the 
Cost Analysis and Program Evaluation of the Office of the Secretary of 
Defense shall submit to the congressional defense committees a report 
that includes--
            (1) the assumptions and estimated life-cycle costs of the 
        Department's long-range, penetrating, survivable, persistent, 
        and enduring ``family of systems'' platforms; and
            (2) the assumptions and estimated life-cycle costs of the 
        Next Generation Platform program, as planned, prior to the 
        cancellation of the program on April 6, 2009.

[[Page 124 STAT. 4361]]

SEC. 1057. COMPTROLLER GENERAL STUDY AND RECOMMENDATIONS REGARDING 
                          SECURITY OF SOUTHERN LAND BORDER OF THE 
                          UNITED STATES.

    (a) Study and Report Required.--The Comptroller General of the 
United States shall conduct a study of the security of the southern land 
border of the United States and ongoing United States Government efforts 
to improve such security. Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report containing the findings of the study and such 
recommendations based on such findings as the Comptroller General 
considers to be appropriate.
    (b) Issues Addressed.--The study and report required by subsection 
(a) shall address, at a minimum, the following issues:
            (1) The extent to which the United States has or has not 
        achieved and maintained operational control over the southern 
        land border of the United States, as defined in section 2(b) of 
        the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 
        note).
            (2) The extent to which any lack of operational control over 
        the southern land border of the United States has resulted in 
        the operation of illicit networks trafficking in people, drugs, 
        illegal weapons and money, violence associated with such illegal 
        activities, and other impacts adverse to the interests of the 
        United States.
            (3) The costs and benefits of steps, including but not 
        limited to the steps identified in subsection (c), that could be 
        taken by elements of the United States Government to achieve 
        operational control over the southern land border of the United 
        States.
            (4) The costs and benefits of an increased role for the 
        Department of Defense in taking any such steps.
            (5) The adequacy of current information sharing agreements 
        and other related agreements between Federal, State, local, and 
        tribal law enforcement authorities with regard to the security 
        of the southern land border of the United States.
            (6) The impact of any increased deployment of unmanned 
        aerial systems or unmanned aircraft on the use and availability 
        of the National Airspace in the area of the southern land border 
        of the United States.

    (c) Specific Steps to Be Considered.--The steps to be considered by 
the Comptroller General pursuant to paragraphs (3) and (4) of subsection 
(b) shall include the following:
            (1) The deployment of additional units or members of the 
        National Guard or other Department of Defense personnel to the 
        southern land border of the United States.
            (2) The commitment of additional border patrol agents or 
        other civilian law enforcement personnel to the southern land 
        border of the United States.
            (3) The construction of additional fencing, including 
        double-layer and triple-layer fencing.
            (4) The increased use of ground-based mobile surveillance 
        systems by military or civilian personnel.
            (5) The deployment of additional unmanned aerial systems and 
        manned aircraft to provide surveillance of the southern land 
        border of the United States.

[[Page 124 STAT. 4362]]

            (6) The deployment and provision of capability for radio 
        communications interoperability between U.S. Customs and Border 
        Protection and State, local, and tribal law enforcement 
        agencies.
            (7) The construction of checkpoints along the southern land 
        border of the United States.
            (8) The use of additional mobile patrols by military or 
        civilian personnel, particularly in rural, high-trafficked 
        areas, as designated by the Commissioner of Customs and Border 
        Protection.

          Subtitle G--Miscellaneous Authorities and Limitations

SEC. 1061. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE REPORTS 
                          REQUIRED BY LAW.

    (a) Public Availability.--
            (1) In general.--Chapter 3 of title 10, United States Code, 
        is amended by inserting after section 122 the following new 
        section:
``Sec. 122a. Public availability of Department of Defense reports 
                  required by law

    ``(a) In General.--The Secretary of Defense shall ensure that each 
report described in subsection (b) is made available to the public, upon 
request submitted on or after the date on which such report is submitted 
to Congress, through the Office of the Assistant Secretary of Defense 
for Public Affairs.
    ``(b) Covered Reports.--(1) Except as provided in paragraph (2), a 
report described in this subsection is any report that is required by 
law to be submitted to Congress by the Secretary of Defense, or by any 
element of the Department of Defense.
    ``(2) A report otherwise described in paragraph (1) is not a report 
described in this subsection if the report contains--
            ``(A) classified information;
            ``(B) proprietary information;
            ``(C) information that is exempt from disclosure under 
        section 552 of title 5 (commonly referred to as the `Freedom of 
        Information Act'); or
            ``(D) any other type of information that the Secretary of 
        Defense determines should not be made available to the public in 
        the interest of national security.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 3 of such title is amended by inserting 
        after the item relating to section 122 the following new item:

``122a. Public availability of Department of Defense reports required by 
           law.''.

    (b) <<NOTE: 10 USC 122a note.>>  Effective Date.--Section 122a of 
title 10, United States Code (as added by subsection (a)), shall take 
effect 90 days after the date of the enactment of this Act, and shall 
apply with respect to reports that are required by law to be submitted 
to Congress on or after that date.

[[Page 124 STAT. 4363]]

SEC. 1062. <<NOTE: 10 USC 1030 note prec.>>  PROHIBITION ON 
                          INFRINGING ON THE INDIVIDUAL RIGHT TO 
                          LAWFULLY ACQUIRE, POSSESS, OWN, CARRY, 
                          AND OTHERWISE USE PRIVATELY OWNED 
                          FIREARMS, AMMUNITION, AND OTHER WEAPONS.

    (a) In General.--Except as provided in subsection (c), the Secretary 
of Defense shall not prohibit, issue any requirement relating to, or 
collect or record any information relating to the otherwise lawful 
acquisition, possession, ownership, carrying, or other use of a 
privately owned firearm, privately owned ammunition, or another 
privately owned weapon by a member of the Armed Forces or civilian 
employee of the Department of Defense on property that is not--
            (1) a military installation; or
            (2) any other property that is owned or operated by the 
        Department of Defense.

    (b) Existing Regulations and Records.--
            (1) Regulations.--Any regulation promulgated before the date 
        of enactment of this Act shall have no force or effect to the 
        extent that it requires conduct prohibited by this section.
            (2) <<NOTE: Deadline.>>  Records.--Not later than 90 days 
        after the date of enactment of this Act, the Secretary of 
        Defense shall destroy any record containing information 
        described in subsection (a) that was collected before the date 
        of enactment of this Act.

    (c) <<NOTE: Records.>>  Rule of Construction.--Subsection (a) shall 
not be construed to limit the authority of the Secretary of Defense to--
            (1) create or maintain records relating to, or regulate the 
        possession, carrying, or other use of a firearm, ammunition, or 
        other weapon by a member of the Armed Forces or civilian 
        employee of the Department of Defense while--
                    (A) engaged in official duties on behalf of the 
                Department of Defense; or
                    (B) wearing the uniform of an Armed Force; or
            (2) create or maintain records relating to an investigation, 
        prosecution, or adjudication of an alleged violation of law 
        (including regulations not prohibited under subsection (a)), 
        including matters related to whether a member of the Armed 
        Forces constitutes a threat to the member or others.

    (d) <<NOTE: Deadline.>>  Review.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of Defense shall--
            (1) conduct a comprehensive review of the privately owned 
        weapons policy of the Department of Defense, including legal and 
        policy issues regarding the regulation of privately owned 
        firearms off of a military installation, as recommended by the 
        Department of Defense Independent Review Related to Fort Hood; 
        and
            (2) <<NOTE: Reports.>>  submit to the Committee on Armed 
        Services of the Senate and the Committee on Armed Services of 
        the House of Representatives a report regarding the findings of 
        and recommendations relating to the review conducted under 
        paragraph (1), including any recommendations for adjustments to 
        the requirements under this section.

    (e) Military Installation Defined.--In this section, the term 
``military installation'' has the meaning given that term under section 
2687(e)(1) of title 10, United States Code.

[[Page 124 STAT. 4364]]

SEC. 1063. DEVELOPMENT OF CRITERIA AND METHODOLOGY FOR DETERMINING 
                          THE SAFETY AND SECURITY OF NUCLEAR 
                          WEAPONS.

    (a) In General.--The Secretary of Energy and the Secretary of 
Defense shall, acting through the Nuclear Weapons Council, develop the 
following:
            (1) Criteria for determining the appropriate baseline for 
        safety and security of nuclear weapons through the life cycle of 
        such weapons.
            (2) A methodology for determining the level of safety and 
        security that may be achieved through a life extension program 
        for each type of nuclear weapon.

    (b) Report Required.--Not later than March 1, 2012, the Secretary of 
Energy and the Secretary of Defense shall jointly submit to the 
congressional defense committees a report containing the criteria and 
the methodology developed pursuant to subsection (a).

                        Subtitle H--Other Matters

SEC. 1071. NATIONAL DEFENSE PANEL.

    Subsection (f) of section 118 of title 10, United States Code, is 
amended to read as follows:
    ``(f) National Defense Panel.--
            ``(1) <<NOTE: Deadline.>>  Establishment.--Not later than 
        February 1 of a year in which a quadrennial defense review is 
        conducted under this section, there shall be established an 
        independent panel to be known as the National Defense Panel (in 
        this subsection referred to as the `Panel'). The Panel shall 
        have the duties set forth in this subsection.
            ``(2) Membership.--The Panel shall be composed of ten 
        members from private civilian life who are recognized experts in 
        matters relating to the national security of the United States. 
        Eight of the members shall be appointed as follows:
                    ``(A) Two by the chairman of the Committee on Armed 
                Services of the House of Representatives.
                    ``(B) Two by the chairman of the Committee on Armed 
                Services of the Senate.
                    ``(C) Two by the ranking member of the Committee on 
                Armed Services of the House of Representatives.
                    ``(D) Two by the ranking member of the Committee on 
                Armed Services of the Senate.
            ``(3) <<NOTE: Appointment.>>  Co-chairs of the panel.--In 
        addition to the members appointed under paragraph (2), the 
        Secretary of Defense shall appoint two members from private 
        civilian life to serve as co-chairs of the panel.
            ``(4) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the Panel. Any vacancy in the Panel 
        shall be filled in the same manner as the original appointment.
            ``(5) Duties.--The Panel shall have the following duties 
        with respect to a quadrennial defense review:
                    ``(A) While the review is being conducted, the Panel 
                shall review the updates from the Secretary of Defense 
                required under paragraph (8) on the conduct of the 
                review.
                    ``(B) The Panel shall--

[[Page 124 STAT. 4365]]

                          ``(i) review the Secretary of Defense's terms 
                      of reference and any other materials providing the 
                      basis for, or substantial inputs to, the work of 
                      the Department of Defense on the quadrennial 
                      defense review;
                          ``(ii) conduct an assessment of the 
                      assumptions, strategy, findings, and risks of the 
                      report on the quadrennial defense review required 
                      in subsection (d), with particular attention paid 
                      to the risks described in that report;
                          ``(iii) conduct an independent assessment of a 
                      variety of possible force structures of the armed 
                      forces, including the force structure identified 
                      in the report on the quadrennial defense review 
                      required in subsection (d);
                          ``(iv) review the resource requirements 
                      identified pursuant to subsection (b)(3) and, to 
                      the extent practicable, make a general comparison 
                      to the resource requirements to support the forces 
                      contemplated under the force structures assessed 
                      under this subparagraph; and
                          ``(v) <<NOTE: Recommenda- tions.>>  provide to 
                      Congress and the Secretary of Defense, through the 
                      report under paragraph (7), any recommendations it 
                      considers appropriate for their consideration.
            ``(6) First meeting.--If the Secretary of Defense has not 
        made the Secretary's appointments to the Panel under paragraph 
        (3) by February 1 of a year in which a quadrennial defense 
        review is conducted under this section, the Panel shall convene 
        for its first meeting with the remaining members.
            ``(7) Report.--Not later than 3 months after the date on 
        which the report on a quadrennial defense review is submitted 
        under subsection (d) to the congressional committees named in 
        that subsection, the Panel established under paragraph (1) shall 
        submit to those committees an assessment of the quadrennial 
        defense review, including a description of the items addressed 
        under paragraph (5) with respect to that quadrennial defense 
        review.
            ``(8) <<NOTE: Deadlines.>>  Updates from secretary of 
        defense.--The Secretary of Defense shall ensure that 
        periodically, but not less often than every 60 days, or at the 
        request of the co-chairs, the Department of Defense briefs the 
        Panel on the progress of the conduct of a quadrennial defense 
        review under subsection (a).
            ``(9) Administrative provisions.--
                    ``(A) The Panel may request directly from the 
                Department of Defense and any of its components such 
                information as the Panel considers necessary to carry 
                out its duties under this subsection. The head of the 
                department or agency concerned shall cooperate with the 
                Panel to ensure that information requested by the Panel 
                under this paragraph is promptly provided to the maximum 
                extent practical.
                    ``(B) Upon the request of the co-chairs, the 
                Secretary of Defense shall make available to the Panel 
                the services of any federally funded research and 
                development center that is covered by a sponsoring 
                agreement of the Department of Defense.

[[Page 124 STAT. 4366]]

                    ``(C) The Panel shall have the authorities provided 
                in section 3161 of title 5 and shall be subject to the 
                conditions set forth in such section.
                    ``(D) Funds for activities of the Panel shall be 
                provided from amounts available to the Department of 
                Defense.
            ``(10) Termination.--The Panel for a quadrennial defense 
        review shall terminate 45 days after the date on which the Panel 
        submits its final report on the quadrennial defense review under 
        paragraph (7).''.
SEC. 1072. SALE OF SURPLUS MILITARY EQUIPMENT TO STATE AND LOCAL 
                          HOMELAND SECURITY AND EMERGENCY 
                          MANAGEMENT AGENCIES.

    (a) State and Local Agencies to Which Sales May Be Made.--Section 
2576 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``State and local law enforcement 
                and firefighting agencies'' and inserting ``State and 
                local law enforcement, firefighting, homeland security, 
                and emergency management agencies''; and
                    (B) by striking ``in carrying out law enforcement 
                and firefighting activities'' and inserting ``in 
                carrying out law enforcement, firefighting, homeland 
                security, and emergency management activities''; and
            (2) in subsection (b), by striking ``State or local law 
        enforcement or firefighting agency'' both places it appears and 
        inserting ``State or local law enforcement, firefighting, 
        homeland security, or emergency management agency''.

    (b) Types of Equipment That May Be Sold.--Subsection (a) of such 
section is further amended by striking ``and protective body armor'' and 
inserting ``personal protective equipment, and other appropriate 
equipment''.
    (c) Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        to read as follows:
``Sec. 2576. Surplus military equipment: sale to State and local 
                  law enforcement, firefighting, homeland 
                  security, and emergency management agencies''.
            (2) Table of sections.--The item relating to section 2576 in 
        the table of sections at the beginning of chapter 153 of such 
        title is amended to read as follows:

``2576. Surplus military equipment: sale to State and local law 
           enforcement, firefighting, homeland security, and emergency 
           management agencies.''.

SEC. 1073. <<NOTE: 10 USC 2359a note.>>  DEFENSE RESEARCH AND 
                          DEVELOPMENT RAPID INNOVATION PROGRAM.

    (a) Program Established.--The Secretary of Defense shall establish a 
competitive, merit-based program to accelerate the fielding of 
technologies developed pursuant to phase II Small Business Innovation 
Research Program projects, technologies developed by the defense 
laboratories, and other innovative technologies (including dual use 
technologies). The purpose of this program is to stimulate innovative 
technologies and reduce acquisition or lifecycle costs, address 
technical risks, improve the timeliness and thoroughness of test and 
evaluation outcomes, and rapidly insert

[[Page 124 STAT. 4367]]

such products directly in support of primarily major defense acquisition 
programs, but also other defense acquisition programs that meet critical 
national security needs.
    (b) <<NOTE: Deadlines.>>  Guidelines.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall issue 
guidelines for the operation of the program. At a minimum such guidance 
shall provide for the following:
            (1) The issuance of an annual broad agency announcement or 
        the use of any other competitive or merit-based processes by the 
        Department of Defense and by each military department for 
        candidate proposals in direct support of primarily major defense 
        acquisition programs, but also other defense acquisition 
        programs as described in subsection (a).
            (2) The review of candidate proposals by the Department of 
        Defense and by each military department and the merit-based 
        selection of the most promising cost-effective proposals for 
        funding through contracts, cooperative agreements, and other 
        transactions for the purposes of carrying out the program.
            (3) The total amount of funding provided to any project 
        under the program shall not exceed $3,000,000, unless the 
        Secretary, or the Secretary's designee, approves a larger amount 
        of funding for the project. Any such approval shall be made on a 
        case-by-case basis and notice of any such approval shall be 
        submitted to the congressional defense committees by not later 
        than 30 days after such approval is made.
            (4) No project shall be funded under the program for more 
        than two years, unless the Secretary, or the Secretary's 
        designee, approves funding for any additional 
        year. <<NOTE: Notice.>>  Any such approval shall be made on a 
        case-by-case basis and notice of any such approval shall be 
        submitted to the congressional defense committees by not later 
        than 30 days after such approval is made.

    (c) Treatment Pursuant to Certain Congressional Rules.--Nothing in 
this section shall be interpreted to require or enable any official of 
the Department of Defense to provide funding under this section to any 
earmark as defined pursuant to House Rule XXI, clause 9, or any 
congressionally directed spending item as defined pursuant to Senate 
Rule XLIV, paragraph 5.
    (d) Funding.--Subject to the availability of appropriations for such 
purpose, the amounts authorized to be appropriated for research, 
development, test, and evaluation for each of fiscal years 2011 through 
2015 may be used for any such fiscal year for the program established 
under subsection (a).
    (e) Transfer Authority.--The Secretary may transfer funds available 
for the program to the research, development, test, and evaluation 
accounts of a military department, defense agency, or the unified 
combatant command for special operations forces pursuant to a proposal, 
or any part of a proposal, that the Secretary determines would directly 
support the purposes of the program. The transfer authority provided in 
this subsection is in addition to any other transfer authority available 
to the Department of Defense.
    (f) Report.--Not later than 60 days after the last day of a fiscal 
year during which the Secretary carries out a program under this 
section, the Secretary shall submit to the congressional defense 
committees a report that includes a list and description of each

[[Page 124 STAT. 4368]]

project funded under this section, including, for each such project, the 
amount of funding provided for the project, the defense acquisition 
program that the project supports, including the extent to which the 
project meets needs identified in its acquisition plan, the anticipated 
timeline for transition for the project, and the degree to which a 
competitive, merit-based process was used to evaluate and select the 
performers of the projects selected under this program.
    (g) Termination.--The authority to carry out a program under this 
section shall terminate on September 30, 2015. <<NOTE: Time period.>>  
Any amounts made available for the program that remain available for 
obligation on the date the program terminates may be transferred under 
subsection (e) during the 180-day period beginning on the date of the 
termination of the program.
SEC. 1074. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES AVAILABLE 
                          FOR DOMESTIC EMERGENCY ASSISTANCE.

    (a) Domestic Authority.--Section 2557 of title 10, United States 
Code, is amended--
            (1) in subsection (a)(1), by adding at the end the following 
        new sentence: ``In addition, the Secretary may make nonlethal 
        excess supplies of the Department available to support domestic 
        emergency assistance activities.''; and
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' before ``Excess''; and
                    (B) by adding at the end the following new 
                paragraph:

    ``(2) Excess supplies made available under this section to support 
domestic emergency assistance activities shall be transferred to the 
Secretary of Homeland Security. The Secretary of Defense may provide 
assistance in the distribution of such supplies at the request of the 
Secretary of Homeland Security.''.
    (b) Clerical Amendments.--
            (1) Section heading.--The heading of such section is amended 
        to read as follows:
``Sec. 2557. Excess nonlethal supplies: availability for 
                  humanitarian relief, domestic emergency 
                  assistance, and homeless veterans assistance''.
            (2) Table of sections.--The item relating to such section in 
        the table of sections at the beginning of chapter 152 of such 
        title is amended to read as follows:

``2557. Excess nonlethal supplies: availability for humanitarian relief, 
           domestic emergency assistance, and homeless veterans 
           assistance.''.

SEC. 1075. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Title 5, United States Code.--Title 5, United States Code, is 
amended as follows:
            (1) Section 8344(l)(2)(B), as added by section 1122(a) of 
        the National Defense Authorization Act for Fiscal Year 2010 
        (Public Law 111-84; 123 Stat. 2505), is amended by striking 
        ``5201 et seq.'' and inserting ``5211 et seq.''.
            (2) Section 9902(a)(2), as added by section 1113(d) of the 
        National Defense Authorization Act for Fiscal Year 2010 (Public 
        Law 111-84; 123 Stat. 2499), is amended by striking ``chapters'' 
        both places it appears and inserting ``chapter''.

    (b) Title 10, United States Code.--Title 10, United States Code, is 
amended as follows:

[[Page 124 STAT. 4369]]

            (1) The tables of chapters at the beginning of subtitle A 
        and at the beginning of part II of such subtitle are amended by 
        striking ``1031'' in the item relating to chapter 53 and 
        inserting ``1030''.
            (2) <<NOTE: 10 USC 127.>>  Section 127a is amended--
                    (A) in subsection (a)(1)(A), by striking ``Armed 
                Forces'' and inserting ``armed forces''; and
                    (B) in subsection (b)(1) by striking ``Armed 
                Forces'' both places it appears and inserting ``armed 
                forces''.
            (3) Section 127d(d)(1) is amended by striking ``Committee on 
        International Relations'' and inserting ``Committee on Foreign 
        Affairs''.
            (4) Section 132 is amended--
                    (A) by redesignating subsection (d), as added by 
                section 2831(a) of the National Defense Authorization 
                Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
                2669), as subsection (e); and
                    (B) in such subsection, by striking ``Guam Executive 
                Council'' and inserting ``Guam Oversight Council''.
            (5) Section 139c(d)(4) is amended by adding at period at the 
        end.
            (6) Section 139d(a)(6) is amended by striking ``propriety'' 
        and inserting ``proprietary''.
            (7) Section 172 is amended--
                    (A) by striking ``(a)'' before ``The Secretaries''; 
                and
                    (B) by striking subsection (b).
            (8) Section 181(b)(3) is amended by striking ``Performance 
        Evaluation'' and inserting ``Program Evaluation''.
            (9) Section 186 is amended by redesignating the second 
        subsection (c) (relating to definitions) as subsection (d).
            (10)(A) Section 382 is amended by striking ``section 175 or 
        2332c'' in subsections (a), (b)(2)(C), and (d)(2)(A)(ii) and 
        inserting ``section 175, 229, or 2332a''.
            (B) The heading of such section is amended by striking 
        ``chemical or biological''.
            (C) The table of sections at the beginning of chapter 18 is 
        amended by striking the item relating to section 382 and 
        inserting the following new item:

``382. Emergency situations involving weapons of mass destruction.''.

            (11) Section 428(f) is amended by striking ``, United States 
        Code,''.
            (12) Section 525 is amended--
                    (A) in subsection (d), by striking ``section 
                601(b)(4)'' and inserting ``section 601(b)(5)''; and
                    (B) in subsection (g)(1)--
                          (i) by striking ``and is not'' and inserting 
                      ``and are not''; and
                          (ii) by adding at period at the end.
            (13) Section 841(c) is amended by striking ``trail counsel'' 
        and inserting ``trial counsel''.
            (14) Section 843(b)(2)(B)(v) is amended by striking 
        ``Kidnaping; indecent assault;'' and inserting ``Kidnaping, 
        indecent assault,''.
            (15) Section 1030(e)(1) is amended by striking ``3 years,'' 
        and inserting ``three years.''.
            (16) Section 1146 is amended--

[[Page 124 STAT. 4370]]

                    (A) in subsection (a), by striking ``(a) Benefits 
                for Members Involuntarily Separated.--'', as added by 
                section 5(1) of Public Law 110-317 (122 Stat. 3528);
                    (B) by redesignating the second subsection (b) as 
                subsection (c); and
                    (C) in subsection (c), as so redesignated--
                          (i) by striking ``Benefits for'' in the 
                      subsection heading;
                          (ii) by striking ``Armed Forces'' in the 
                      matter preceding paragraph (1) and inserting 
                      ``armed forces''; and
                          (iii) by striking ``the members entitlement'' 
                      in paragraph (2) and inserting ``the member's 
                      entitlement''.
            (17) Section 1174(i) <<NOTE: 10 USC 1174.>>  is amended by 
        striking ``Armed Forces'' each place it appears and inserting 
        ``armed forces''.
            (18) Section 1175a(j)(3) is amended by striking ``title 10'' 
        and inserting ``this title''.
            (19) Section 1203(b)(4)(B) is amended by striking 
        ``determination,,'' and inserting ``determination,''.
            (20) Section 1482a(c)(3) is amended by striking ``section 
        1482(a)(11)'' and inserting ``section 1482(e)(5)(A)''.
            (21) Section 1566a(a)(1) is amended by inserting a close 
        parenthesis before the period at the end.
            (22) Section 1599c(a)(2)(B) is amended by striking 
        ``subchapter 1'' and inserting ``subchapter I''.
            (23) Section 1781b(d) is amended by striking ``March 1, 
        2008, and each year thereafter'' and inserting ``March 1 each 
        year''.
            (24) Section 1781c(h)(1) is amended by striking ``180 days 
        after the date of the enactment of the National Defense 
        Authorization Act for Fiscal Year 2010, and annually 
        thereafter'' and inserting ``April 30 each year''.
            (25) Section 1788(b) is amended by striking ``Armed Forces'' 
        and inserting ``armed forces''.
            (26) Section 2004b(b)(1) is amended by striking ``pay grade 
        0-3'' and inserting ``pay grade O-3''.
            (27) The table of sections at the beginning of chapter 104 
        is amended by transferring the item relating to section 2113a to 
        appear after the item relating to section 2113.
            (28) Section 2130a(b)(1) is amended by striking ``Training 
        Program'' both places it appears and inserting ``Training Corps 
        program''.
            (29) Section 2222(a) is amended by striking ``Effective 
        October 1, 2005, funds'' and inserting ``Funds''.
            (30) The table of sections at the beginning of subchapter I 
        of chapter 134, as amended by section 1031(a)(2) of the National 
        Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
        84; 123 Stat. 2448), is amended by transferring the item 
        relating to section 2241a from the end of the table of sections 
        to appear after the item relating to section 2241.
            (31) Section 2323(a)(1)(D) is amended by inserting a close 
        parenthesis before the semicolon.
            (32) Section 2362(e)(1) is amended by striking ``IV'' and 
        inserting ``V''.
            (33) Section 2366a(c) is amended--
                    (A) by inserting a space between ``(c)'' and the 
                subsection heading; and

[[Page 124 STAT. 4371]]

                    (B) in paragraph (4), by striking ``section 125a(a) 
                of this title'' and inserting ``section 118b(c)(3) of 
                this title''.
            (34) Section 2433(a)(1) <<NOTE: 10 USC 2433.>>  is amended 
        by striking ``section 2430a(c)'' and inserting ``section 
        2430a(d)''.
            (35) Section 2433a(b)(2)(B) is amended by striking ``section 
        181(g)((1)'' and inserting ``section 181(g)(1)''.
            (36) Section 2476(d)(2)(D) is amended by striking ``Navy 
        Depots'' and inserting ``Navy depots''.
            (37) Section 2488(f) is amended by striking ``Armed Forces'' 
        both places it appears and inserting ``armed forces''.
            (38) Section 2533a(d) is amended in paragraphs (1) and (4) 
        by striking ``(b)(1)(A), (b)(2), or (b)(3)'' and inserting 
        ``(b)(1)(A) or (b)(2)''.
            (39) Section 2603 is amended by striking ``Armed Forces'' 
        both places it appears and inserting ``armed forces''.
            (40) Section 2642(a)(3) is amended by striking ``During the 
        five-year period beginning on the date of the enactment of the 
        National Defense Authorization Act for Fiscal Year 2010'' and 
        inserting ``During the period beginning on October 28, 2009, and 
        ending on October 28, 2014''.
            (41) Section 2667(e) is amended--
                    (A) in paragraph (1)(A)(ii), by striking ``sections 
                2668 and 2669'' and inserting ``section 2668''; and
                    (B) in paragraph (5), by striking ``subsection (f)'' 
                and inserting ``subsection (g)''.
            (42) Section 2671(a)(2) is amended by striking ``Armed 
        Forces'' and inserting ``armed forces''.
            (43) Section 2684a(g)(1) is amended by striking ``March 1, 
        2007, and annually thereafter'' and inserting ``March 1 each 
        year''.
            (44) Section 2687a(a) is amended by striking ``31for'' and 
        inserting ``31 for''.
            (45) Section 2694c(d)(4) is amended by inserting 
        ``Authorization'' after ``Military Construction''.
            (46) Chapter 160 is amended--
                    (A) in section 2700(2), by inserting `` `pollutant 
                or contaminant','' after `` `person',''; and
                    (B) in section 2701(b)(1), by striking ``hazardous 
                substances, pollutants, and contaminants'' and inserting 
                ``a hazardous substance or pollutant or contaminant''.
            (47) The table of subchapters at the beginning of chapter 
        173 is amended by inserting ``Sec.'' above ``2911''.
            (48) Section 2922d is amended by striking ``1 or more'' each 
        place it appears and inserting ``one or more''.
            (49) Section 7042(a)(1)(A) is amended by striking the comma 
        after ``captain''.
            (50) Section 9515 is amended--
                    (A) in subsection (b), by striking ``Section 1356 of 
                the National Defense Authorization Act for 2008'' and 
                inserting ``section 1356 of the National Defense 
                Authorization Act for Fiscal Year 2008'';
                    (B) in subsection (f)(2), by striking ``paragraph 
                (2)'' and inserting ``paragraph (1)''; and
                    (C) in subsection (j)(1), by striking ``United 
                States Code,''.
            (51) Section 10214 is amended by striking ``14508(e)'' and 
        inserting ``14508(h)''.

[[Page 124 STAT. 4372]]

            (52) Section 10216 <<NOTE: 10 USC 10216.>>  is amended by 
        striking ``section 115(c)'' in subsections (b)(1), (c)(1), and 
        (c)(2)(A) and inserting ``section 115(d)''.
            (53) Section 10217(c)(1) is amended--
                    (A) by striking ``Effective October 1, 2007, the'' 
                and inserting ``The''; and
                    (B) by striking ``after the preceding sentence takes 
                effect''.
            (54) Section 12203(a) is amended by striking ``above'' in 
        the first sentence and inserting ``of''.
            (55) Section 16132a is amended--
                    (A) in subsection (b)(1), by striking ``agreement to 
                service'' and inserting ``agreement to serve''; and
                    (B) in subsection (i)(2), by striking ``whose''.
            (56) Section 16163a(b)(2) is amended by striking ``section 
        (j)'' and inserting ``subsection (j)''.

    (c) Title 37.--Title 37, United States Code, is amended as follows:
            (1) Section 303a(e)(3)(B) is amended by inserting ``of'' 
        after ``result''.
            (2) The table of sections at the beginning of chapter 5 is 
        amended by striking the item related to section 312 and 
        inserting the following new item:

``312. Special pay: nuclear-qualified officers extending period of 
           active service.''.

            (3) The table of sections at the beginning of chapter 7 is 
        amended--
                    (A) by striking the item related to section 438 and 
                inserting the following new item:

``411k. Travel and transportation allowances: non-medical attendants for 
           members who are determined to be very seriously or seriously 
           wounded, ill, or injured.''; and

                    (B) by striking the item related to section 438 and 
                inserting the following new item:

``438. Preventive health services allowance.''.

            (4) Section 411k(d)(1) is amended by striking ``allowances 
        section'' and inserting ``allowances under section''.

    (d) <<NOTE: 10 USC 525 note.>>  National Defense Authorization Act 
for Fiscal Year 2010.--Effective as of <<NOTE: Effective date.>>  
October 28, 2009, and as if included therein as enacted, the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) is 
amended as follows:
            (1) Section 325(d)(4) (123 Stat. 2254) is amended by 
        striking ``section 236'' and inserting ``section 235''.
            (2) <<NOTE: 10 USC 525.>>  Section 502(c)(3) (123 Stat. 
        2274) is amended by striking ``officers'' and inserting 
        ``general officers and flag officers''.
            (3) <<NOTE: 42 USC 1973ff-2.>>  Section 581(a)(1)(C) (123 
        Stat. 2326) is amended by striking ``subsection (f)'' and 
        inserting ``subsection (g), as redesignated by section 
        582(b)(1)''.
            (4) <<NOTE: 42 USC 1973ff.>>  Section 584(a) (123 Stat. 
        2330) is amended by striking ``such Act'' and inserting ``the 
        Uniformed and Overseas Citizens Absentee Voting Act''.
            (5) <<NOTE: 42 USC 1973ff.>>  Section 585(b)(1) (123 Stat. 
        2331) is amended by striking subparagraphs (A) and (B), and 
        inserting the following new subparagraphs:
                    ``(A) in paragraph (2), by striking `section 102(4)' 
                and inserting `section 102(a)(4)'; and

[[Page 124 STAT. 4373]]

                    ``(B) by striking paragraph (4) and inserting the 
                following new paragraph:
            `` `(4) prescribe a suggested design for absentee ballot 
        mailing envelopes;'; and''.
            (6) Section 589 (123 Stat. 2334; 42 U.S.C. 1973ff-7) is 
        amended--
                    (A) in subsection (a)(1)--
                          (i) by striking ``section 107(a)'' and 
                      inserting ``section 107(1)''; and
                          (ii) by striking ``1973ff et seq.'' and 
                      inserting ``1973ff-6(1)''; and
                    (B) in subsection (e)(1), by striking ``1977ff 
                note'' and inserting ``1973ff note''.
            (7) The undesignated section immediately following section 
        603 (123 Stat. 2350) is designated as section 604.
            (8) Section 714(c) (123 Stat. 2382; 10 U.S.C. 1071 note) is 
        amended--
                    (A) by striking ``feasability'' both places it 
                appears and inserting ``feasibility''; and
                    (B) by striking ``specialities'' both places it 
                appears and inserting ``specialties''.
            (9) <<NOTE: 10 USC 2302 note.>>  Section 813(a)(3) (123 
        Stat. 2407) is amended by inserting ``order'' after ``task'' in 
        the matter to be struck.
            (10) <<NOTE: 10 USC 421 prec.>>  Section 921(b)(2) (123 
        Stat. 2432) is amended by inserting ``subchapter I of'' before 
        ``chapter 21''.
            (11) Section 1014(c) (123 Stat. 2442) is amended by striking 
        ``in which the support'' and inserting ``in which support''.
            (12) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 2353 note) 
        is amended by striking ``et 13 seq.'' and inserting ``et seq.''.
            (13) <<NOTE: 10 USC 2371; 50 USC 2369.>>  Section 1055(f) 
        (123 Stat. 2462) is amended by striking ``Combating'' and 
        inserting ``Combatting''.
            (14) <<NOTE: 10 USC 113 note.>>  Section 1063(d)(2) (123 
        Stat. 2470) is amended by striking ``For purposes of this 
        section, the'' and inserting ``The''.
            (15) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 801 note) is 
        amended--
                    (A) by striking ``title 14'' and inserting ``title 
                XIV'';
                    (B) by striking ``title 10'' and inserting ``title 
                X''; and
                    (C) by striking ``the Military Commissions Act of 
                2006 (10 U.S.C. 948 et seq.; Public Law 109-366)'' and 
                inserting ``chapter 47A of title 10, United States 
                Code''.
            (16) Section 1111(b) (123 Stat. 2495; 10 U.S.C. 1580 note 
        prec.) is amended by striking ``the Secretary'' in the first 
        sentence and inserting ``the Secretary of Defense''.
            (17) Section 1113(g)(1) (123 Stat. 2502; 5 U.S.C. 9902 note) 
        is amended by inserting ``United States Code,'' after ``title 
        5,'' the first place it appears.
            (18) Section 1202(c) (123 Stat. 2512) is amended--
                    (A) by striking ``1208(f) of the Ronald W. Reagan 
                National Defense Authorization Act for Fiscal Year 2005 
                (Public Law 108-375; 118 Stat. 2086) is amended in the 
                second sentence'' and inserting ``1208(f)(2) of the 
                Ronald W. Reagan National Defense Authorization Act for 
                Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086), 
                as amended by section 1202(a) of the National Defense 
                Authorization Act for Fiscal Year 2008 (Public Law 110-
                181; 122 Stat. 363), is further amended''; and

[[Page 124 STAT. 4374]]

                    (B) by redesignating paragraphs (1) through (8), as 
                proposed to be inserted, as subparagraphs (A) through 
                (H), respectively and indenting the left margin of such 
                subparagraphs, as so redesignated, 4 ems from the left 
                margin.
            (19) Section 1261 (123 Stat. 2553; 22 U.S.C. 6201 note) is 
        amended by inserting a space between the first short title and 
        ``or''.
            (20) <<NOTE: 22 USC 5959.>>  Section 1306(b) (123 Stat. 
        2560) is amended by striking ``fiscal year'' and inserting 
        ``Fiscal Year''.
            (21) <<NOTE: 10 USC 802.>>  Subsection (b) of section 1803 
        (123 Stat. 2612) is amended to read as follows:

    ``(b) <<NOTE: 10 USC 801 note.>>  Appellate Review Under Detainee 
Treatment Act of 2005.--
            ``(1) Department of defense, emergency supplemental 
        appropriations to address hurricanes in the gulf of mexico, and 
        pandemic influenza act, 2006.--Section 1005(e) of the Detainee 
        Treatment Act of 2005 (title X of Public Law 109-148; 10 U.S.C. 
        801 note) is amended by striking paragraph (3).
            ``(2) National defense authorization act for fiscal year 
        2006.--Section 1405(e) of the Detainee Treatment Act of 2005 
        (Public Law 109-163; 10 U.S.C. 801 note) is amended by striking 
        paragraph (3).''.
            (22) <<NOTE: 5 USC 5304 note; 39 USC 1005.>>  Section 
        1916(b)(1)(B) (123 Stat. 2624) is amended by striking the comma 
        after ``5941''.
            (23) <<NOTE: 10 USC 2851.>>  Section 2804(d)(2) (123 Stat. 
        2662) is amended by inserting ``subchapter III of'' before 
        ``chapter 169''.
            (24) <<NOTE: 10 USC 2687 note.>>  Section 2835(f)(1) (123 
        Stat. 2677) is amended by striking ``publically-available'' and 
        inserting ``publicly available''.
            (25) <<NOTE: 46 USC 51301.>>  Section 3503(b)(1) (123 Stat. 
        2719) is amended by striking the extra quotation marks.
            (26) <<NOTE: 49 USC 109.>>  Section 3508(1) (123 Stat. 2721) 
        is amended by striking ``headline'' and inserting ``heading''.

    (e) Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009.--The Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110-417) is amended as follows:
            (1) Section 143(b)(1) (122 Stat. 4381; 10 U.S.C. 2304 note) 
        is amended by striking ``identifies'' and inserting 
        ``identify''.
            (2) Section 231(b) (122 Stat. 4391; 10 U.S.C. 2431 note) is 
        amended by striking ``section'' and inserting ``subsection''.
            (3) <<NOTE: 10 USC 2431 note.>>  Section 233(a)(3) (122 
        Stat. 4393) is amended by striking ``122 Stat. 42'' and 
        inserting ``122 Stat. 43''.
            (4) Section 324(b) (122 Stat. 4416; 10 U.S.C. 8062 note) is 
        amended by striking ``their'' and inserting ``its''.
            (5) Section 332(e) (122 Stat. 4420; 10 U.S.C. 2911 note) is 
        amended by striking ``section (d)'' and inserting ``subsection 
        (d)''.
            (6) Section 358(b) (122 Stat. 4427; 10 U.S.C. 2302 note) is 
        amended by inserting a comma after ``Agent''.
            (7) Section 596(b)(1)(D) (10 U.S.C. 1071 note), as amended 
        by section 594 of the National Defense Authorization Act for 
        Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2338), is amended 
        by striking ``or flag'' the second place it appears.

[[Page 124 STAT. 4375]]

            (8) <<NOTE: 10 USC 2120 note.>>  Section 597(f) (122 Stat. 
        4481) is amended by striking ``meeting'' and inserting 
        ``meanings''.
            (9) <<NOTE: 37 USC 427 note.>>  Section 604(b) (122 Stat. 
        4483) is amended by inserting ``of'' after ``(a)(1)''.
            (10) Section 619(d) (122 Stat. 4489; 37 U.S.C. 353 note) is 
        amended by striking ``such subsections'' and inserting ``such 
        subsection''.
            (11) <<NOTE: 10 USC 1079 note.>>  Section 711(d)(2) (122 
        Stat. 4501) is amended by striking ``1111((b)'' and inserting 
        ``1111(b)(3)''.
            (12) <<NOTE: Effective date. 10 USC 1203 and note.>>  
        Effective as of October 14, 2008, and as if included in Public 
        Law 110-417 as enacted, section 727(b)(2) is amended by striking 
        ``compelling''.
            (13) <<NOTE: 10 USC 2320 note.>>  Section 822(c)(1)(A) (122 
        Stat. 4532) is amended by striking ``this title'' and inserting 
        ``title 10, United States Code''.
            (14) <<NOTE: 41 USC 3302.>>  Section 863(b)(3)(A) (122 Stat. 
        4547) is amended by striking ``subsection (d)(2)(A)'' and 
        inserting ``subsection (d)(3)(A)''.
            (15) <<NOTE: 41 USC 1704.>>  Section 869 (122 Stat. 4553) is 
        amended--
                    (A) in subsection (b), by striking ``433(a)'' and 
                inserting ``433a(a)''; and
                    (B) in subsection (c)(4)--
                          (i) by striking ``37(j)'' and inserting 
                      ``37(g)''; and
                          (ii) by striking ``433(j)'' and inserting 
                      ``433(g)''.
            (16) Section 873(a)(4) (122 Stat. 4558; 10 U.S.C. 6101 note) 
        is amended by striking ``to Government'' and inserting ``to the 
        Government''.
            (17) Section 1111 (10 U.S.C. 143 note), as amended by 
        section 1109 of the National Defense Authorization Act for 
        Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2492), is 
        amended--
                    (A) in subsection (a)(1), by striking ``section 
                821'' and inserting ``section 833''; and
                    (B) in subsection (b)--
                          (i) in the matter preceding paragraph (1), by 
                      striking ``secretary of a military department'' 
                      and inserting ``Secretary of a military 
                      department'';
                          (ii) in paragraph (1)--
                                    (I) by striking ``the the 
                                requirements'' and inserting ``the 
                                requirements''; and
                                    (II) by striking ``this title'' and 
                                inserting ``such title''; and
                          (iii) in paragraph (2), by striking ``any any 
                      of the following'' and inserting ``any of the 
                      following''.
            (18) Section 1602(5) (122 Stat. 4653; 22 U.S.C. 2368 note) 
        is amended by striking ``a Active'' and inserting ``an Active''.
            (19) Section 3113 (122 Stat. 4754; 50 U.S.C. 2444) is 
        amended--
                    (A) in subsection (b)(2), by inserting a close 
                parenthesis before the semicolon; and
                    (B) in subsection (d)(2), by striking ``fails 
                repay'' and inserting ``fails to repay''.
            (20) Section 3512 (122 Stat. 4770; 48 U.S.C. 1421r) is 
        amended by inserting a period at the end of subsection (f).

    (f) National Defense Authorization Act for Fiscal Year 2008.--The 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181) is amended as follows:

[[Page 124 STAT. 4376]]

            (1) Section 624 (122 Stat. 153; 37 U.S.C. 307a note) is 
        amended--
                    (A) in subsection (a), by striking ``Operating'' and 
                inserting ``Operation''; and
                    (B) in subsection (b), by striking ``Operating'' and 
                inserting ``Operation''.
            (2) <<NOTE: Effective date. 10 USC 2533b and note.>>  
        Effective as of January 28, 2008, and as if included in Public 
        Law 110-181 as enacted, section 804 (122 Stat. 208) is amended--
                    (A) in subsection (a)(3), by striking ``speciality'' 
                and inserting ``specialty''; and
                    (B) in subsection (e), by striking ``subsection 
                (c)'' and inserting ``subsection (d)(1)''.
            (3) Section 808 (122 Stat. 215; 10 U.S.C. 2330 note) is 
        amended by redesignating the second subsection (c) as subsection 
        (d).
            (4) Section 827(a)(2) (122 Stat. 228; 10 U.S.C. 2410n note) 
        is amended by striking ``subsection (a)'' and inserting 
        ``paragraph (1)''.
            (5) Section 843 (122 Stat. 236) is amended--
                    (A) <<NOTE: 10 USC 2304c.>>  in subsection 
                (a)(2)(C), by striking ``paragraph (1)'' and inserting 
                ``subparagraph (A)''; and
                    (B) <<NOTE: 41 USC 4106.>>  in subsection (b)(2)(C), 
                by striking ``paragraph (1)'' and inserting 
                ``subparagraph (A)''.
            (6) Section 890 (122 Stat. 269; 10 U.S.C. 2302 note) is 
        amended--
                    (A) in subsection (a), by inserting ``Act'' before 
                ``of 1979'';
                    (B) in subsection (b), by inserting ``Act'' before 
                ``of 1979''; and
                    (C) in subsection (d)(1), by striking ``sections'' 
                and inserting ``parts''.
            (7) <<NOTE: 10 USC 14310.>>  Section 1063(a)(16) (122 Stat. 
        322) is amended by striking ``(1)''.
            (8) <<NOTE: Effective date.>>  Effective as of January 28, 
        2008, and as if included in Public Law 110-181 as enacted, 
        section 1075(a) (122 Stat. 333) is amended <<NOTE: 50 USC 2301 
        note. 8 USC 1157 note.>>  by striking ``June'' and inserting 
        ``September''.
            (9) Section 1243(c) (122 Stat. 396) is amended by striking 
        ``4))'' and inserting ``4)))''.
            (10) <<NOTE: 8 USC 1157 note.>>  Section 1244(a)(3) (122 
        Stat. 396) is amended by striking ``4))'' and inserting 
        ``4)))''.

    (g) <<NOTE: 10 USC 2663 note. Effective date.>>  John Warner 
National Defense Authorization Act for Fiscal Year 2007.--Effective as 
of October 17, 2006, and as if included therein as enacted, the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364) is amended as follows:
            (1) Section 321(a)(1) (120 Stat. 2144; 10 U.S.C. 2222 note) 
        is amended by striking ``Public Law 190-163'' and inserting 
        ``Public Law 109-163''.
            (2) <<NOTE: 10 USC 113 note.>>  Section 348(2) (120 Stat. 
        2159) is amended in the matter to be struck from and inserted in 
        section 366(d) of the Bob Stump National Defense Authorization 
        Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2523) by 
        striking ``within'' both places it appears and inserting 
        ``Within''.
            (3) <<NOTE: 10 USC 1030 note prec.>>  Section 355(b)(1) (120 
        Stat. 2162) is amended in the matter to be struck from section 
        344 of the National Defense Authorization Act for Fiscal Year 
        2004 (Public Law 108-136; 10 U.S.C. note prec. 1030) by striking 
        ``Operation Iraqi Freedom

[[Page 124 STAT. 4377]]

        and Operation Enduring Freedom'' and inserting ``Operation 
        Enduring Freedom and Operation Iraqi Freedom''.
            (4) <<NOTE: 10 USC 14311.>>  Section 511(b)(3) (120 Stat. 
        2183) is amended in the matter preceding subparagraph (A) by 
        striking ``section'' and inserting ``title''.
            (5) Section 705(b)(2) (120 Stat. 2281; 10 U.S.C. 1074g note) 
        is amended by striking ``section 1074g(a)(2)(E)'' and inserting 
        ``section 1074g(a)(2)''.
            (6) <<NOTE: 10 USC 2663.>>  Section 2821(b)(1) (120 Stat. 
        2474) is amended by inserting ``by striking'' after ``subsection 
        (a)(1),''.

    (h) <<NOTE: 10 USC 2651 note. Effective date.>>  National Defense 
Authorization Act for Fiscal Year 2006.--Effective as of January 6, 
2006, and as if included therein as enacted, the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163) is amended 
as follows:
            (1) Section 515(h) (119 Stat. 3237; 10 U.S.C. 10101 note) is 
        amended by striking ``10 USC 10101 note.''.
            (2) Section 535(b) (119 Stat. 3249; 10 U.S.C. 2101 note) is 
        amended by inserting ``of'' after ``Committee on Armed 
        Services'' the first place it appears.
            (3) <<NOTE: Effective date. 31 USC 3702.>>  Section 
        1056(e)(2) (119 Stat. 3440) is amended by striking ``Section'' 
        and inserting ``Effective as of December 2, 2002, and as if 
        included in Public Law 107-314 as enacted, section''.
            (4) Section 1057 (119 Stat. 3440) is amended--
                    (A) in subsection (a)--
                          (i) <<NOTE: 10 USC 4778.>>  in paragraph (5), 
                      by striking ``4778,''; and
                          (ii) <<NOTE: 10 USC 2651.>>  in paragraph (6), 
                      by striking ``4747'' and inserting ``2651'';
                    (B) <<NOTE: 32 USC 109.>>  in subsection (b)(3)--
                          (i) by striking ``109,''; and
                          (ii) by adding at the end the following new 
                      sentence: ``Section 109 is amended by striking 
                      `State or Territory, Puerto Rico, the Virgin 
                      Islands, or the District of Columbia' each place 
                      it appears and inserting `State, the Commonwealth 
                      of Puerto Rico, the District of Columbia, Guam, or 
                      the Virgin Islands' ''; and
                    (C) <<NOTE: 32 USC 324.>>  in subsection (b)(5)--
                          (i) in the language to be struck from section 
                      324 of title 32, United States Code, by striking 
                      the comma after ``Rico''; and
                          (ii) in the language to be inserted in section 
                      324 of title 32, United States Code, by inserting 
                      ``of'' after ``Virgin Islands,''.
            (5) <<NOTE: 10 USC 2192 note.>>  Section 1104 (119 Stat. 
        3448) is amended--
                    (A) in subsection (a)(3)(A), by inserting ``the 
                first place it appears'' before ``and inserting''; and
                    (B) in subsection (c), by striking ``subsection 
                (c)(1)'' and inserting ``subsection (b)(2)''.
            (6) <<NOTE: 10 USC 2884.>>  Section 2806(c)(2)(A) (119 Stat. 
        3507) is amended in the matter to be struck from and inserted in 
        section 2884(b)(1) of title 10, United States Code, by striking 
        ``a'' both places it appears and inserting ``A''.

    (i) <<NOTE: 10 USC 113 note.>>  Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005.--The Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) is 
amended as follows:

[[Page 124 STAT. 4378]]

            (1) Section 577(b)(12) (10 U.S.C. 113 note), as amended by 
        section 563(e) of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
        Stat. 4471) is amended by striking ``The Secretary shall 
        implement'' and inserting ``Implementation of''.
            (2) Section 1085 (118 Stat. 2065; 10 U.S.C. 113 note), as 
        amended by section 360(c) of the National Defense Authorization 
        Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat 78) is 
        amended by striking ``subsection (a)'' and inserting ``section 
        360(a) of the National Defense Authorization Act for Fiscal Year 
        2008 (Public Law 110-181; 122 Stat. 77)''.

    (j) Bob Stump National Defense Authorization Act for Fiscal Year 
2003.--Section 1032(a) of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 note) is 
amended by striking ``thereafter,,'' and inserting ``thereafter,''.
    (k) <<NOTE: 10 USC 2366b note. Effective date.>>  Weapon Systems 
Acquisition Reform Act of 2009.--Effective as of May 22, 2009, and as if 
included therein as enacted, section 205 of the Weapon Systems 
Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1724) is 
amended--
            (1) in subsection (a)(1)(B), by striking ``paragraphs (1) 
        and (2)'' in the matter to be inserted and inserting 
        ``paragraphs (1), (2), and (3)''; and
            (2) <<NOTE: 10 USC 2433a note.>>  in subsection (c), by 
        striking ``2433a(c)(3)'' and inserting ``2433a(c)(1)(C)''.

    (l) Technical Correction Regarding SBIR Extension.--Section 9(m)(2) 
of the Small Business Act (15 U.S.C. 638(m)(2)), as added by section 
847(a) of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111-84; 123 Stat. 2420), is amended by striking ``is 
authorized'' and inserting ``are authorized''.
    (m) Technical Correction Regarding Small Shipyards and Maritime 
Communities Assistance Program.--Section 3506 of the National Defense 
Authorization Act for Fiscal Year 2006, as reinstated by the amendment 
made by section 1073(c)(14) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2475), <<NOTE: 46 USC 
53101 note.>>  is repealed.

    (n) Technical Correction Regarding DOT Maritime Heritage Property.--
Section 6(a)(1)(C) of the National Maritime Heritage Act of 1994 (16 
U.S.C. 5405(a)(1)(C)), as amended by section 3509 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2721), is amended by striking ``the date of enactment of the 
Maritime Administration Authorization Act of 2010'' and inserting 
``October 28, 2009''.
    (o) Technical Correction of Citation.--Section 42 of the Office of 
Federal Procurement Policy Act <<NOTE: 41 USC 7105.>>  (41 U.S.C. 438) 
is amended--
            (1) in subsection (c)(1) by striking ``(41 U.S.C. 607(b))'' 
        and inserting ``(41 U.S.C. 607(d))''; and
            (2) in subsection (c)(2)(A) by inserting ``of 1978'' after 
        ``Contract Disputes Act''.
SEC. 1076. STUDY ON OPTIMAL BALANCE OF MANNED AND REMOTELY PILOTED 
                          AIRCRAFT.

    (a) Study.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 30 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall commission a study by an independent, non-profit 
        organization

[[Page 124 STAT. 4379]]

        on the optimal balance between manned and remotely piloted 
        aircraft of the Armed Forces.
            (2) Selection.--The independent, non-profit organization 
        selected for the study under paragraph (1) shall be qualified on 
        the basis of having performed work in the fields of national 
        security and combat systems.

    (b) Matters Included.--The study under subsection (a) shall include 
the following:
            (1) With respect to each military department, an assessment 
        of the feasibility and desirability of a more rapid transition 
        from manned to remotely piloted aircraft for a range of 
        operations, including combat operations.
            (2) An evaluation of the current ability of each military 
        department to resist attacks mounted by foreign militaries with 
        significant investments in research and development and 
        deployment of remotely piloted aircraft, including an assessment 
        of each military department's ability to defend against--
                    (A) a large enemy force of remotely piloted 
                aircraft; and
                    (B) any other relevant scenario involving remotely 
                piloted aircraft that the Secretary determines 
                appropriate.
            (3) An analysis of--
                    (A) current and future capabilities of foreign 
                militaries in developing and deploying remotely piloted 
                aircraft; and
                    (B) identified vulnerabilities of United States 
                weapons systems to foreign remotely piloted aircraft.
            (4) Conclusions on the matters described in paragraphs (1) 
        through (3) and what the independent, non-profit organization 
        conducting the study determines is the optimal balance of 
        investment in development and deployment of manned versus 
        remotely piloted aircraft.

    (c) Report.--Not later than December 1, 2011, the Secretary of 
Defense shall submit to the congressional defense committees, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report that includes the study under subsection 
(a).
    (d) <<NOTE: Classified information.>>  Form.--
            (1) Study.--The study under subsection (a) shall include a 
        classified annex with respect to the matters described in 
        subsection (b)(3).
            (2) Report.--The report under subsection (c) may include a 
        classified annex.

    (e) Remotely Piloted Aircraft Defined.--In this section, the term 
``remotely piloted aircraft'' means any unmanned aircraft operated 
remotely, whether within or beyond line-of-sight, including unmanned 
aerial systems, unmanned aerial vehicles, remotely piloted vehicles, and 
remotely piloted aircraft.
SEC. 1077. <<NOTE: 10 USC 113 note.>>  TREATMENT OF SUCCESSOR 
                          CONTINGENCY OPERATION TO OPERATION IRAQI 
                          FREEDOM.

    Any <<NOTE: Applicability.>>  law applicable to Operation Iraqi 
Freedom shall apply in the same manner and to the same extent to the 
successor contingency operation known as Operation New Dawn, except as 
specifically provided in this Act, any amendment made by this Act, or 
any other law enacted after the date of the enactment of this Act.

[[Page 124 STAT. 4380]]

SEC. 1078. <<NOTE: 10 USC 2358 note.>>  PROGRAM TO ASSESS THE 
                          UTILITY OF NON-LETHAL WEAPONS.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should support the research, development, test, and 
evaluation, procurement, and fielding of effective non-lethal weapons 
and technologies explicitly designed to, with respect to 
counterinsurgency operations, reduce military casualties and fatalities, 
improve military mission accomplishment and operational effectiveness, 
reduce civilian casualties and fatalities, and minimize undesired damage 
to property and the environment.
    (b) Program Required.--
            (1) Demonstration and assessment.--The Secretary of Defense, 
        acting through the Executive Agent for Non-lethal Weapons and in 
        coordination with the Secretaries of the military departments 
        and the combatant commanders, shall carry out a program to 
        demonstrate and assess the utility and effectiveness of non-
        lethal weapons to provide escalation of force options in 
        counter-insurgency operations.
            (2) Non-lethal weapons evaluated.--In evaluating non-lethal 
        weapons under the program under this subsection, the Secretary 
        shall include non-lethal weapons designed for counter-personnel 
        and counter-materiel missions.

    (c) Report.--
            (1) Report required.--Not later than October 1, 2011, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report on the role and utility of non-lethal 
        weapons and technologies in counterinsurgency operations.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) A description of the results of any 
                demonstrations and assessments of non-lethal weapons 
                conducted during fiscal year 2011.
                    (B) A description of the Secretary's plans for any 
                demonstrations and assessments of non-lethal weapons to 
                be conducted during fiscal years 2012 and 2013.
                    (C) A description of the extent to which non-lethal 
                weapons doctrine, training, and employment include the 
                use of strategic communications strategies to enable the 
                effective employment of non-lethal weapons.
                    (D) A description of the input of the military 
                departments in developing concepts of operations and 
                tactics, techniques, and procedures for incorporating 
                non-lethal weapons into the current escalation of force 
                procedures of each department.
                    (E) A description of the extent to which non-lethal 
                weapons and technologies are integrated into the 
                standard equipment and training of military units.
SEC. 
                          1079. <<NOTE: President. Reports. Assessment. Certification.>>  
                          SENSE OF CONGRESS ON STRATEGIC NUCLEAR 
                          FORCE REDUCTIONS.

    It is the sense of Congress that no action should be taken to 
implement the reduction of the strategic nuclear forces of the United 
States below the levels described in the Treaty between the United 
States of America and the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive Arms signed on April 8, 
2010 (commonly known as the ``New START

[[Page 124 STAT. 4381]]

Treaty''), unless the President submits to the congressional defense 
committees a report on such reduction, including--
            (1) the justification for such reduction;
            (2) an assessment of the strategic environment, threat, and 
        policy and the technical and operational implications of such 
        reduction; and
            (3) written certification by the President that--
                    (A) either--
                          (i) the strategic environment or the 
                      assessment of the threat allows for such 
                      reduction; or
                          (ii) technical measures to provide a 
                      commensurate or better level of safety, security, 
                      and reliability as before such reduction have been 
                      implemented for the remaining strategic nuclear 
                      forces of the United States;
                    (B) the remaining strategic nuclear forces of the 
                United States provide a sufficient means of protection 
                against unforeseen technical challenges and geopolitical 
                events;
                    (C) such reduction is compensated by other measures 
                (such as nuclear modernization, conventional forces, and 
                missile defense) that together provide a commensurate or 
                better deterrence capability and level of credibility as 
                before such reduction; and
                    (D) measures to modernize the nuclear weapons 
                complex are being implemented (or have been implemented) 
                to provide a sufficiently responsive infrastructure to 
                support the remaining strategic nuclear forces of the 
                United States.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Clarification of authorities at personnel demonstration 
           laboratories.
Sec. 1102. Requirements for Department of Defense senior mentors.
Sec. 1103. One-year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1104. Extension and modification of enhanced Department of Defense 
           appointment and compensation authority for personnel for care 
           and treatment of wounded and injured members of the Armed 
           Forces.
Sec. 1105. Rate of overtime pay for Department of the Navy employees 
           performing work aboard or dockside in support of the nuclear 
           aircraft carrier forward deployed in Japan.

SEC. 1101. CLARIFICATION OF AUTHORITIES AT PERSONNEL DEMONSTRATION 
                          LABORATORIES.

    (a) <<NOTE: 10 USC 1580 note prec.>>  Clarification of Applicability 
of Direct Hire Authority.--Section 1108 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4618; 10 U.S.C. 1580 note) is amended--
            (1) in subsection (b), by striking ``identified'' and all 
        that follows and inserting ``designated by section 1105(a) of 
        the National Defense Authorization Act for Fiscal Year 2010 
        (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a 
        Department of Defense science and technology reinvention 
        laboratory.''; and
            (2) in subsection (c), by striking ``2 percent'' and 
        inserting ``5 percent''.

[[Page 124 STAT. 4382]]

    (b) Clarification of Applicability of Full Implementation 
Requirement.--Section 1107 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357; 10 U.S.C. 2358 
note) is amended--
            (1) in subsection (a), by striking ``that are exempted by'' 
        and all that follows and inserting ``designated by section 
        1105(a) of the National Defense Authorization Act for Fiscal 
        Year 2010 (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358 
        note) as Department of Defense science and technology 
        reinvention laboratories.''; and
            (2) in subsection (c), by striking ``as enumerated in'' and 
        all that follows and inserting ``designated by section 1105(a) 
        of the National Defense Authorization Act for Fiscal Year 2010 
        (Public Law 111-84; 123 Stat. 2486) as a Department of Defense 
        science and technology reinvention laboratory.''.

    (c) Correction to Section Reference.--Section 1121 of the National 
Defense Authorization Act for Fiscal Year 2010 (123 Stat. 2505) 
is <<NOTE: 5 USC 9902.>>  amended--
            (1) in subsection (a), by striking ``Section 9902(h) of 
        title 5, United States Code'' and inserting ``Section 9902(g) of 
        title 5, United States Code, as redesignated by section 
        1113(b)(1)(B)''; and
            (2) in subsection (b), by striking ``section 9902(h) of such 
        title 5'' and inserting ``such section''.

    (d) <<NOTE: 5 USC 9902 note.>>  Effective Date.--(1) Except as 
provided in paragraph (2), the amendments made by this section shall 
take effect as of October 28, 2009.

    (2) The amendment made by subsection (a)(2) shall take effect as of 
the date of enactment of this Act.
SEC. 1102. <<NOTE: 5 USC 9903 note.>>  REQUIREMENTS FOR DEPARTMENT 
                          OF DEFENSE SENIOR MENTORS.

    (a) <<NOTE: Policy. Procedures.>>  In General.--The Secretary of 
Defense shall issue appropriate policies and procedures to ensure that 
all senior mentors employed by the Department of Defense are--
            (1) hired as highly qualified experts under section 9903 of 
        title 5, United States Code; and
            (2) required to comply with all applicable Federal laws and 
        regulations on personnel and ethics matters.

    (b) Senior Mentor Defined.--In this section, the term ``senior 
mentor'' means a retired flag, general, or other military officer or 
retired senior civilian official who provides expert experience-based 
mentoring, teaching, training, advice, and recommendations to senior 
military officers, staffs, and students as they participate in war 
games, warfighting courses, operational planning, operational exercises, 
and decision-making exercises.
SEC. 1103. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
                          LIMITATION ON PREMIUM PAY AND AGGREGATE 
                          LIMITATION ON PAY FOR FEDERAL CIVILIAN 
                          EMPLOYEES WORKING OVERSEAS.

    Effective <<NOTE: Effective date.>>  January 1, 2011, section 
1101(a) of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as amended by 
section 1106(a) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 123 Stat. 2487), is further amended by 
striking ``calendar years 2009 and 2010'' and inserting ``calendar years 
2009 through 2011''.

[[Page 124 STAT. 4383]]

SEC. 1104. EXTENSION AND MODIFICATION OF ENHANCED DEPARTMENT OF 
                          DEFENSE APPOINTMENT AND COMPENSATION 
                          AUTHORITY FOR PERSONNEL FOR CARE AND 
                          TREATMENT OF WOUNDED AND INJURED MEMBERS 
                          OF THE ARMED FORCES.

    (a) Designation of Occupations Covered by Recruitment and 
Appointment Authority.--Subsection (a)(2) of section 1599c of title 10, 
United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``shortage category 
                positions'' and inserting ``a shortage category 
                occupation or critical need occupation''; and
                    (B) in clause (ii), by striking ``highly qualified 
                persons directly'' and inserting ``qualified persons 
                directly in the competitive service''; and
            (2) by adding at the end the following new subparagraph:

    ``(C) Any designation by the Secretary for purposes of subparagraph 
(A)(i) shall be based on an analysis of current and future Department of 
Defense workforce requirements.''.
    (b) Extension.--Subsection (c) of such section is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``under subsection (a)(1)'' after 
                ``Secretary of Defense''; and
                    (B) by striking ``September 30, 2012'' and inserting 
                ``December 31, 2015''; and
            (2) in paragraph (2), by striking ``September 30, 2012'' and 
        inserting ``December 31, 2015''.
SEC. 1105. RATE OF OVERTIME PAY FOR DEPARTMENT OF THE NAVY 
                          EMPLOYEES PERFORMING WORK ABOARD OR 
                          DOCKSIDE IN SUPPORT OF THE NUCLEAR 
                          AIRCRAFT CARRIER FORWARD DEPLOYED IN 
                          JAPAN.

    (a) Overtime Pay at Time-and-a-half Rate.--Section 5542(a) of title 
5, United States Code, is amended by adding at the end the following new 
paragraph:
            ``(6)(A) Notwithstanding paragraphs (1) and (2), for an 
        employee of the Department of the Navy who is assigned to 
        temporary duty to perform work aboard, or dockside in direct 
        support of, the nuclear aircraft carrier that is forward 
        deployed in Japan and who would be nonexempt under the Fair 
        Labor Standards Act but for the application of the foreign area 
        exemption in section 13(f) of that Act (29 U.S.C. 213(f)), the 
        overtime hourly rate of pay is an amount equal to one and one-
        half times the hourly rate of basic pay of the employee, and all 
        that amount is premium pay.
            ``(B) <<NOTE: Expiration date.>>  Subparagraph (A) shall 
        expire on September 30, 2014.''.

    (b) Reports.--
            (1) Secretary of navy report.--Not later than September 30, 
        2013, the Secretary of the Navy shall submit to the Secretary of 
        Defense and the Director of the Office of Personnel Management a 
        report that--
                    (A) describes the use of the authority under 
                paragraph (6) of section 5542(a) of title 5, United 
                States Code, as added by subsection (a), including 
                associated costs, and including an evaluation of the 
                extent to which exercise

[[Page 124 STAT. 4384]]

                of the authority helped the Navy in meeting its mission; 
                and
                    (B) provides a recommendation on whether an 
                extension of the provisions of that paragraph is needed.
            (2) Report to congress.--Not later than March 31, 2014, the 
        Director of the Office of Personnel Management shall submit to 
        the Committee on Armed Services and the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Armed Services and the Committee on Oversight and 
        Governmental Reform of the House of Representatives a report 
        that--
                    (A) addresses the use of paragraph (6) of section 
                5542(a) of title 5, United States Code, as so added, 
                including associated costs, and including an evaluation 
                of the extent to which exercise of the authority helped 
                the Navy in meeting its mission;
                    (B) describes the extent to which other employees 
                experience the same circumstances as were experienced by 
                those described in that paragraph before its enactment;
                    (C) provides an analysis of the advantages and 
                disadvantages that would be anticipated from extending 
                the expiration date of the authority under that 
                paragraph, and from expanding the authority under that 
                paragraph to include other employees; and
                    (D) conveys the report of the Secretary of the Navy 
                referred to in paragraph (1).

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Expansion of authority for support of special operations to 
           combat terrorism.
Sec. 1202. Addition of allied government agencies to enhanced logistics 
           interoperability authority.
Sec. 1203. Expansion of temporary authority to use acquisition and 
           cross-servicing agreements to lend certain military equipment 
           to certain foreign forces for personnel protection and 
           survivability.
Sec. 1204. Authority to pay personnel expenses in connection with 
           African cooperation.
Sec. 1205. Authority to build the capacity of Yemen Ministry of Interior 
           Counter Terrorism Forces.
Sec. 1206. Air Force scholarships for Partnership for Peace nations to 
           participate in the Euro-NATO Joint Jet Pilot Training 
           program.
Sec. 1207. Modification and extension of authorities relating to program 
           to build the capacity of foreign military forces.

     Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. Limitation on availability of funds for certain purposes 
           relating to Iraq.
Sec. 1212. One-year extension and modification of Commanders' Emergency 
           Response Program.
Sec. 1213. Extension of authority for reimbursement of certain coalition 
           nations for support provided to United States military 
           operations.
Sec. 1214. Extension of authority to transfer defense articles and 
           provide defense services to the military and security forces 
           of Iraq and Afghanistan.
Sec. 1215. No permanent military bases in Afghanistan.
Sec. 1216. Authority to use funds for reintegration activities in 
           Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out 
           infrastructure projects in Afghanistan.
Sec. 1218. Extension of logistical support for coalition forces 
           supporting operations in Iraq and Afghanistan.
Sec. 1219. Recommendations on oversight of contractors engaged in 
           activities relating to Afghanistan.

[[Page 124 STAT. 4385]]

Sec. 1220. Extension and modification of Pakistan Counterinsurgency 
           Fund.

                  Subtitle C--Reports and Other Matters

Sec. 1231. One-year extension of report on progress toward security and 
           stability in Afghanistan.
Sec. 1232. Two-year extension of United States plan for sustaining the 
           Afghanistan National Security Forces.
Sec. 1233. Modification of report on responsible redeployment of United 
           States Armed Forces from Iraq.
Sec. 1234. Report on Department of Defense support for coalition 
           operations.
Sec. 1235. Reports on police training programs.
Sec. 1236. Report on certain Iraqis affiliated with the United States.
Sec. 1237. Report on Department of Defense's plans to reform the export 
           control system.
Sec. 1238. Report on United States efforts to defend against threats 
           posed by the anti-access and area-denial capabilities of 
           certain nation-states.
Sec. 1239. Defense Science Board report on Department of Defense 
           strategy to counter violent extremism outside the United 
           States.
Sec. 1240. Report on merits of an Incidents at Sea agreement between the 
           United States, Iran, and certain other countries.
Sec. 1241. Requirement to monitor and evaluate Department of Defense 
           activities to counter violent extremism in Africa.
Sec. 1242. NATO Special Operations Headquarters.
Sec. 1243. National Military Strategy to Counter Iran and required 
           briefings.

                   Subtitle A--Assistance and Training

SEC. 1201. EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL 
                          OPERATIONS TO COMBAT TERRORISM.

    Section 1208(a) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2086), as most recently amended by section 1202(a) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2511), is further amended by striking ``$40,000,000'' and 
inserting ``$45,000,000''.
SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES TO ENHANCED 
                          LOGISTICS INTEROPERABILITY AUTHORITY.

    (a) Enhanced Interoperability Authority.--Subsection (a) of section 
127d of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Subject to'';
            (2) by inserting ``of the United States'' after ``armed 
        forces'';
            (3) by striking the second sentence; and
            (4) by adding at the end the following new paragraphs:

    ``(2) In addition to any logistic support, supplies, and services 
provided under paragraph (1), the Secretary may provide logistic 
support, supplies, and services to allied forces solely for the purpose 
of enhancing the interoperability of the logistical support systems of 
military forces participating in combined operations with the United 
States in order to facilitate such operations. Such logistic support, 
supplies, and services may also be provided under this paragraph to a 
nonmilitary logistics, security, or similar agency of an allied 
government if such provision would directly benefit the armed forces of 
the United States.
    ``(3) Provision of support, supplies, and services pursuant to 
paragraph (1) or (2) may be made only with the concurrence of the 
Secretary of State.''.
    (b) Conforming Amendments.--Such section is further amended--
            (1) in subsection (b), by striking ``subsection (a)'' in 
        paragraphs (1) and (2) and inserting ``subsection (a)(1)''; and

[[Page 124 STAT. 4386]]

            (2) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) by striking ``Except as provided in 
                      paragraph (2), the'' and inserting ``The''; and
                          (ii) by striking ``this section'' and 
                      inserting ``subsection (a)(1)''; and
                    (B) in paragraph (2), by striking ``In addition'' 
                and all that follows through ``fiscal year,'' and 
                inserting ``The value of the logistic support, supplies, 
                and services provided under subsection (a)(2) in any 
                fiscal year may not''.
SEC. 1203. EXPANSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND 
                          CROSS-SERVICING AGREEMENTS TO LEND 
                          CERTAIN MILITARY EQUIPMENT TO CERTAIN 
                          FOREIGN FORCES FOR PERSONNEL PROTECTION 
                          AND SURVIVABILITY.

    (a) Expansion for Training for Deployment.--Paragraph (3) of section 
1202(a) of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2412), as most recently amended 
by section 1252(a) of the National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110-181; 122 Stat. 402), is further amended--
            (1) by striking ``only in Iraq or Afghanistan, or in a 
        peacekeeping operation described in paragraph (1), as 
        applicable, and''; and
            (2) by striking ``those forces.'' and inserting ``those 
        forces and only--
                    ``(A) in Iraq or Afghanistan;
                    ``(B) in a peacekeeping operation described in 
                paragraph (1); or
                    ``(C) in connection with the training of those 
                forces to be deployed to Iraq, Afghanistan, or a 
                peacekeeping operation described in paragraph (1) for 
                such deployment.''.

    (b) Notice and Wait on Exercise of Additional Authority.--Such 
section is further amended by adding at the end the following new 
paragraph:
            ``(5) Notice and wait on provision of equipment for certain 
        purposes.--Equipment may not <<NOTE: Deadline.>>  be provided 
        under paragraph (1) in connection with training as specified in 
        paragraph (3)(C) until 15 days after the date on which the 
        Secretary of Defense submits to the specified congressional 
        committees written notice on the provision of such equipment for 
        such purpose.''.
SEC. 1204. AUTHORITY TO PAY PERSONNEL EXPENSES IN CONNECTION WITH 
                          AFRICAN COOPERATION.

    (a) In General.--Chapter 53 of title 10, United States Code, is 
amended by inserting after section 1050 the following new section:
``Sec. 1050a. African cooperation: payment of personnel expenses

    ``The Secretary of Defense or the Secretary of a military department 
may pay the travel, subsistence, and special compensation of officers 
and students of African countries and other expenses that the Secretary 
considers necessary for African cooperation.''.

[[Page 124 STAT. 4387]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 53 of such title is amended by inserting after the item relating 
to section 1050 the following new item:

``1050a. African cooperation: payment of personnel expenses.''.

SEC. 1205. AUTHORITY TO BUILD THE CAPACITY OF YEMEN MINISTRY OF 
                          INTERIOR COUNTER TERRORISM FORCES.

    (a) Authority.--The Secretary of Defense may, with the concurrence 
of the Secretary of State, provide assistance during fiscal year 2011 to 
enhance the ability of the Yemen Ministry of Interior Counter Terrorism 
Forces to conduct counterterrorism operations against al Qaeda in the 
Arabian Peninsula and its affiliates.
    (b) Types of Assistance.--
            (1) Authorized elements.--Assistance under subsection (a) 
        may include the provision of equipment, supplies, and training.
            (2) Required elements.--Assistance under subsection (a) 
        shall be provided in a manner that promotes--
                    (A) observance of and respect for human rights and 
                fundamental freedoms; and
                    (B) respect for legitimate civilian authority in 
                Yemen.
            (3) Assistance otherwise prohibited by law.--The Secretary 
        of Defense may not use the authority in subsection (a) to 
        provide any type of assistance described in this subsection that 
        is otherwise prohibited by any provision of law.

    (c) Funding.--Of the amount authorized to be appropriated by section 
301 for operation and maintenance for fiscal year 2011, $75,000,000 may 
be utilized to provide assistance under subsection (a).
    (d) Notice to Congress.--
            (1) <<NOTE: Deadline.>>  In general.--Not less than 15 days 
        before providing assistance under subsection (a), the Secretary 
        of Defense shall submit to the committees of Congress specified 
        in paragraph (2) a notice setting forth the assistance to be 
        provided, including the types of such assistance, the budget for 
        such assistance, and the completion date for the provision of 
        such assistance.
            (2) Committees of congress.--The committees of Congress 
        specified in this paragraph are--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Committee on Appropriations 
                of the House of Representatives.
SEC. 1206. <<NOTE: 10 USC 1051 note.>>  AIR FORCE SCHOLARSHIPS FOR 
                          PARTNERSHIP FOR PEACE NATIONS TO 
                          PARTICIPATE IN THE EURO-NATO JOINT JET 
                          PILOT TRAINING PROGRAM.

    (a) Establishment of Scholarship Program.--The Secretary of the Air 
Force may establish and maintain a demonstration scholarship program to 
allow personnel of the air forces of countries that are signatories of 
the Partnership for Peace Framework Document to receive undergraduate 
pilot training and necessary related training through the Euro-NATO 
Joint Jet Pilot Training (ENJJPT) program. <<NOTE: Regulations.>>  The 
Secretary of the Air Force shall establish the program

[[Page 124 STAT. 4388]]

pursuant to regulations prescribed by the Secretary of Defense in 
consultation with the Secretary of State.

    (b) Transportation, Supplies, and Allowance.--Under such conditions 
as the Secretary of the Air Force may prescribe, the Secretary may 
provide to a person receiving a scholarship under the scholarship 
program--
            (1) transportation incident to the training received under 
        the ENJJPT program;
            (2) supplies and equipment to be used during the training;
            (3) flight clothing and other special clothing required for 
        the training;
            (4) billeting, food, and health services; and
            (5) a living allowance at a rate to be prescribed by the 
        Secretary, taking into account the amount of living allowances 
        authorized for a member of the Armed Forces of the United States 
        under similar circumstances.

    (c) Relation to Euro-NATO Joint Jet Pilot Training Program.--
            (1) Enjjpt steering committee authority.--Nothing in this 
        section shall be construed or interpreted to supersede the 
        authority of the ENJJPT Steering Committee under the ENJJPT 
        Memorandum of Understanding. Pursuant to the ENJJPT Memorandum 
        of Understanding, the ENJJPT Steering Committee may resolve to 
        forbid any airman or airmen from a Partnership for Peace nation 
        to participate in the Euro-NATO Joint Jet Pilot Training program 
        under the authority of a scholarship under this section.
            (2) No representation.--Countries whose air force personnel 
        receive scholarships under the scholarship program shall not 
        have privilege of ENJJPT Steering Committee representation.

    (d) Limitation on Eligible Countries.--The Secretary of the Air 
Force may not use the authority in subsection (a) to provide assistance 
described in subsection (b) to any foreign country that is otherwise 
prohibited from receiving such type of assistance under the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision 
of law.
    (e) Cost-sharing.--For purposes of ENJJPT cost-sharing, personnel of 
an air force of a foreign country who receive a scholarship under the 
scholarship program may be counted as United States pilots.
    (f) Progress Report.--Not later than February 1, 2012, the Secretary 
of the Air Force shall submit to the congressional defense committees, 
the Committee on Foreign Affairs of the House of Representatives, and 
the Committee on Foreign Relations of the Senate a report on the status 
of the demonstration program, including the opinion of the Secretary and 
NATO allies on the benefits of the program and whether or not to 
permanently authorize the program or extend the program beyond fiscal 
year 2012. The report shall specify the following:
            (1) The countries participating in the scholarship program.
            (2) The total number of foreign pilots who received 
        scholarships under the scholarship program.
            (3) The amount expended on scholarships under the 
        scholarship program.
            (4) The source of funding for scholarships under the 
        scholarship program.

[[Page 124 STAT. 4389]]

    (g) Duration.--No scholarship may be awarded under the scholarship 
program after September 30, 2012.
    (h) Funding Source.--Amounts to award scholarships under the 
scholarship program shall be derived from amounts authorized to be 
appropriated for operation and maintenance for the Air Force.
SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO 
                          PROGRAM TO BUILD THE CAPACITY OF FOREIGN 
                          MILITARY FORCES.

    (a) Temporary Limitation on Amount for Building Capacity to 
Participate in or Support Military and Stability Operations.--
            (1) In general.--Subsection (c)(5) of section 1206 of the 
        National Defense Authorization Act for Fiscal Year 2006 (Public 
        Law 109-163; 119 Stat. 3456), as added by section 1206(a) of the 
        National Defense Authorization Act for Fiscal Year 2010 (Public 
        Law 111-84; 123 Stat. 2514), is further amended--
                    (A) by striking ``and not more than'' and inserting 
                ``not more than''; and
                    (B) by inserting after ``fiscal year 2011'' the 
                following: ``, and not more than $100,000,000 may be 
                used during fiscal year 2012''.
            (2) <<NOTE: Applicability.>>  Effective date.--The 
        amendments made by paragraph (1) shall take effect on the date 
        of the enactment of this Act and shall apply with respect to 
        programs under subsection (a) of such section that begin on or 
        after that date.

    (b) One-year Extension of Authority.--Subsection (g) of such 
section, as most recently amended by section 1206(c) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4625), is further amended by--
            (1) by striking ``September 30, 2011'' and inserting 
        ``September 30, 2012''; and
            (2) by striking ``fiscal years 2006 through 2011'' and 
        inserting ``fiscal years 2006 through 2012''.

     Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 
                          PURPOSES RELATING TO IRAQ.

    No funds appropriated pursuant to an authorization of appropriations 
in this Act may be obligated or expended for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control of the oil resources 
        of Iraq.
SEC. 1212. ONE-YEAR EXTENSION AND MODIFICATION OF COMMANDERS' 
                          EMERGENCY RESPONSE PROGRAM.

    (a) One-year Extension of CERP Authority.--Subsection (a) of section 
1202 of the National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109-163; 119 Stat. 3455), as most recently amended by 
section 1222 of the National Defense Authorization

[[Page 124 STAT. 4390]]

Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2518), is further 
amended--
            (1) in the subsection heading, by striking ``Fiscal Year 
        2010'' and inserting ``Fiscal Year 2011'';
            (2) by striking ``fiscal year 2010'' and inserting ``fiscal 
        year 2011''; and
            (3) by striking ``operation and maintenance'' and all that 
        follows and inserting ``operation and maintenance--
            ``(1) not to exceed $100,000,000 may be used by the 
        Secretary of Defense in such fiscal year to provide funds for 
        the Commanders' Emergency Response Program in Iraq; and
            ``(2) not to exceed $400,000,000 may be used by the 
        Secretary of Defense in such fiscal year to provide funds for 
        the Commanders' Emergency Response Program in Afghanistan.''.

    (b) Quarterly Reports.--Subsection (a) of such section, as so 
amended, is further amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) <<NOTE: Electronic submission.>>  Form of reports.--
        Each report required under paragraph (1) shall be submitted, at 
        a minimum, in a searchable electronic format that enables the 
        congressional defense committees to sort the report by amount 
        expended, location of each project, type of project, or any 
        other field of data that is included in the report.''.

    (c) Restriction on Amount of Payments; Notification.--Such section, 
as so amended, is further amended--
            (1) by redesignating subsection (g) as subsection (i); and
            (2) by inserting after subsection (f) the following new 
        subsections:

    ``(g) Restriction on Amount of Payments.--Funds made available under 
this section for the Commanders' Emergency Response Program may not be 
obligated or expended to carry out any project if the total amount of 
funds made available for the purpose of carrying out the project, 
including any ancillary or related elements of the project, exceeds 
$20,000,000.
    ``(h) <<NOTE: Deadline.>>  Notification.--Not less than 15 days 
before obligating or expending funds made available under this section 
for the Commanders' Emergency Response Program for a project in 
Afghanistan with a total anticipated cost of $5,000,000 or more, the 
Secretary of Defense shall submit to the congressional defense 
committees a written notice containing the following information:
            ``(1) The location, nature, and purpose of the proposed 
        project, including how the project is intended to advance the 
        military campaign plan for Afghanistan.
            ``(2) The budget and implementation timeline for the 
        proposed project, including any other funding under the 
        Commanders' Emergency Response Program that has been or is 
        anticipated to be contributed to the completion of the project.
            ``(3) A plan for the sustainment of the proposed project, 
        including any agreement with either the Government of 
        Afghanistan, a department or agency of the United States 
        Government other than the Department of Defense, or a third 
        party contributor to finance the sustainment of the activities 
        and maintenance of any equipment or facilities to be provided 
        through the proposed project''.

[[Page 124 STAT. 4391]]

    (d) Definition.--Subsection (i) of such section, as redesignated by 
subsection (c)(1) of this section, is amended by striking ``means the 
program'' and all that follows and inserting ``means the program that--
            ``(1) authorizes United States military commanders to carry 
        out small-scale projects designed to meet urgent humanitarian 
        relief requirements or urgent reconstruction requirements within 
        their areas of responsibility; and
            ``(2) provides an immediate and direct benefit to the people 
        of Iraq or Afghanistan.''.
SEC. 1213. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN 
                          COALITION NATIONS FOR SUPPORT PROVIDED 
                          TO UNITED STATES MILITARY OPERATIONS.

    (a) Extension of Authority.--Subsection (a) of section 1233 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 393), as amended by section 1223 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2519), is further amended by striking ``section 1509(5) of the National 
Defense Authorization Act for Fiscal Year 2010'' and inserting ``section 
1510 of the Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011''.
    (b) Limitation on Amount.--Subsection (d)(1) of such section, as so 
amended, is further amended in the second sentence by inserting ``or 
2011'' after ``fiscal year 2010''.
    (c) Exception From Notice to Congress Requirements.--Subsection (e) 
of such section, as so amended, is further amended--
            (1) by striking ``(e) Notice to Congress.--The Secretary of 
        Defense'' and inserting the following:

    ``(e) Notice to Congress.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary of Defense''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Exception.--The requirement to provide notice under 
        paragraph (1) shall not apply with respect to a reimbursement 
        for access based on an international agreement.''.

    (d) Extension of Notice Requirement Relating to Reimbursement of 
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the 
National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), 
as most recently amended by section 1223 of the National Defense 
Authorization Act for Fiscal Year 2010, is further amended by striking 
``September 30, 2011'' and inserting ``September 30, 2012''.
SEC. 1214. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND 
                          PROVIDE DEFENSE SERVICES TO THE MILITARY 
                          AND SECURITY FORCES OF IRAQ AND 
                          AFGHANISTAN.

    (a) Extension of Authority.--Subsection (h) of section 1234 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2532) is amended by striking ``September 30, 2010'' and 
inserting ``December 31, 2011''.
    (b) Quarterly Reports.--Subsection (f)(1) of such section is amended 
by striking ``during fiscal year 2010'' and inserting ``through March 
31, 2012''.

[[Page 124 STAT. 4392]]

SEC. 1215. NO PERMANENT MILITARY BASES IN AFGHANISTAN.

    None of the funds authorized to be appropriated by this Act may be 
obligated or expended by the United States Government to establish any 
military installation or base for the purpose of providing for the 
permanent stationing of United States Armed Forces in Afghanistan.
SEC. 1216. AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN 
                          AFGHANISTAN.

    (a) Authority.--The Secretary of Defense, with the concurrence of 
the Secretary of State, may utilize not more than $50,000,000 from funds 
made available to the Department of Defense for operation and 
maintenance for fiscal year 2011 to support the reintegration into 
Afghan society of those individuals who pledge--
            (1) to cease all support for the insurgency in Afghanistan;
            (2) to live in accordance with the Constitution of 
        Afghanistan;
            (3) to cease violence against the Government of Afghanistan 
        and its international partners; and
            (4) that they do not have material ties to al Qaeda or 
        affiliated transnational terrorist organizations.

    (b) <<NOTE: Deadlines.>>  Submission of Guidance.--
            (1) Initial submission.--Not later than 30 days after the 
        date of the enactment of this Act, the Secretary of Defense 
        shall submit to the congressional defense committees a copy of 
        the guidance issued by the Secretary or the Secretary's designee 
        concerning the allocation of funds utilizing the authority of 
        subsection (a). Such guidance shall include--
                    (A) mechanisms for coordination with the Government 
                of Afghanistan and other United States Government 
                departments and agencies as appropriate; and
                    (B) mechanisms to track rates of recidivism among 
                individuals described in subsection (a).
            (2) Modifications.--If the guidance in effect for the 
        purpose stated in paragraph (1) is modified, the Secretary of 
        Defense shall submit to the congressional defense committees a 
        copy of the modification not later than 15 days after the date 
        on which such modification is made.

    (c) Reports.--Not later than 180 days after the date of the 
enactment of this Act, and every 180 days thereafter, the Secretary of 
Defense shall submit to the appropriate congressional committees a 
report on activities carried out utilizing the authority of subsection 
(a).
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional defense committees; and
            (2) the Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate.

    (e) Expiration.--The authority to utilize funds under subsection (a) 
shall expire at the close of December 31, 2011.

[[Page 124 STAT. 4393]]

SEC. 1217. <<NOTE: 22 USC 7513 note.>>  AUTHORITY TO ESTABLISH A 
                          PROGRAM TO DEVELOP AND CARRY OUT 
                          INFRASTRUCTURE PROJECTS IN AFGHANISTAN.

    (a) Authority.--The Secretary of Defense and the Secretary of State 
are authorized to establish a program to develop and carry out 
infrastructure projects in Afghanistan in accordance with the 
requirements of this section.
    (b) Formulation and Execution of Program.--
            (1) In general.--The Secretary of State and the Secretary of 
        Defense shall jointly develop any project under the program 
        authorized under subsection (a). Except as provided in paragraph 
        (2), the Secretary of State, in coordination with the Secretary 
        of Defense, shall implement any project under the program 
        authorized under subsection (a).
            (2) <<NOTE: Determination.>>  Exception.--The Secretary of 
        Defense shall implement a project under the program authorized 
        under subsection (a) if the Secretary of Defense and the 
        Secretary of State jointly determine that the Secretary of 
        Defense should implement the project.

    (c) Types of Projects.--Infrastructure projects under the program 
authorized under subsection (a) may include--
            (1) water, power, and transportation projects; and
            (2) other projects in support of the counterinsurgency 
        strategy in Afghanistan.

    (d) Authority in Addition to Other Authorities.--The authority to 
establish the program and develop and carry out infrastructure projects 
under subsection (a) is in addition to any other authority to provide 
assistance to foreign countries.
    (e) Applicability of Certain Administrative Provisions.--
            (1) In general.--The administrative provisions of chapter 2 
        of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2381 et seq.) shall apply to funds made available to the 
        Secretary of State for purposes of carrying out infrastructure 
        projects under the program authorized under subsection (a) to 
        the same extent and in the same manner as such administrative 
        provisions apply to funds made available to carry out part I of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
            (2) Gifts, etc.--The Secretary of Defense and the Secretary 
        of State may accept and use in furtherance of the purposes of 
        this section, money, funds, property, and services of any kind 
        made available by gift, devise, bequest, grant, or otherwise for 
        such purposes.

    (f) Funding.--
            (1) In general.--The Secretary of Defense may use up to 
        $400,000,000 of funds made available to the Department of 
        Defense for operation and maintenance for fiscal year 2011 to 
        carry out the program authorized under subsection (a).
            (2) Availability.--Funds made available by paragraph (1) are 
        authorized to remain available until September 30, 2012.

    (g) <<NOTE: Deadline.>>  Congressional Notification.--The Secretary 
of Defense shall notify the appropriate congressional committees not 
less than 30 days before obligating or expending funds to carry out a 
project or transferring funds to the Secretary of State for the purpose 
of implementing a project under the program authorized under subsection 
(a). Such notification shall be in writing and contain a description of 
the details of the proposed project, including--

[[Page 124 STAT. 4394]]

            (1) a plan for the sustainment of the project; and
            (2) a description of how the project supports the 
        counterinsurgency strategy in Afghanistan.

    (h) Return of Unexpended Funds.--
            (1) <<NOTE: Determination.>>  In general.--Any unexpended 
        funds transferred to the Secretary of State for the purpose of 
        implementing a project under the program authorized under 
        subsection (a) shall be returned to the Secretary of Defense if 
        the Secretary of State, in coordination with the Secretary of 
        Defense, determines that the project cannot be implemented for 
        any reason or that the project no longer supports the 
        counterinsurgency strategy in Afghanistan.
            (2) Availability.--Any funds returned to the Secretary of 
        Defense under this subsection shall be available for use under 
        this section and shall be treated in the same manner as funds 
        not transferred to the Secretary of State.

    (i) Reports.--
            (1) Report required.--Not later than 30 days after the end 
        of each fiscal year in which funds are obligated, expended, or 
        transferred under the program authorized under subsection (a), 
        the Secretary of Defense, in coordination with the Secretary of 
        State, shall submit to the appropriate congressional committees 
        a report regarding implementation of the program during such 
        fiscal year.
            (2) Matters to be included.--The report required under 
        paragraph (1) shall include the following:
                    (A) The allocation and use of funds under the 
                program during the fiscal year.
                    (B) A description of each project for which funds 
                were expended or transferred during the fiscal year.

    (j) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate.
SEC. 1218. EXTENSION OF LOGISTICAL SUPPORT FOR COALITION FORCES 
                          SUPPORTING OPERATIONS IN IRAQ AND 
                          AFGHANISTAN.

    Section 1234 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 394) is amended by striking 
``fiscal year 2008'' each place it appears and inserting ``fiscal year 
2011''.
SEC. 1219. RECOMMENDATIONS ON OVERSIGHT OF CONTRACTORS ENGAGED IN 
                          ACTIVITIES RELATING TO AFGHANISTAN.

    (a) <<NOTE: Deadline.>>  Recommendations Required.--Not later than 
90 days after the date of the enactment of this Act, the Special 
Inspector General for Afghanistan Reconstruction shall, in consultation 
with the Inspector General of the Department of Defense, the Inspector 
General of the United States Agency for International Development, and 
the Inspector General of the Department of State--
            (1) issue recommendations on measures to increase oversight 
        of contractors engaged in activities relating to Afghanistan;

[[Page 124 STAT. 4395]]

            (2) report on the status of efforts of the Department of 
        Defense, the United States Agency for International Development, 
        and the Department of State to implement existing 
        recommendations regarding oversight of such contractors; and
            (3) report on the extent to which military and security 
        contractors or subcontractors engaged in activities relating to 
        Afghanistan have been responsible for the deaths of Afghan 
        civilians.

    (b) Elements of Recommendations.--The recommendations issued under 
subsection (a)(1) shall include recommendations for reducing the 
reliance of the United States on--
            (1) military and security contractors or subcontractors 
        engaged in activities relating to Afghanistan that have been 
        responsible for the deaths of Afghan civilians; and
            (2) Afghan militias or other armed groups that are not part 
        of the Afghan National Security Forces.
SEC. 1220. EXTENSION AND MODIFICATION OF PAKISTAN 
                          COUNTERINSURGENCY FUND.

    (a) Extension.--Subsection (h) of section 1224 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2521) is amended by striking ``September 30, 2010'' both places it 
appears and inserting ``September 30, 2011''.
    (b) Required Elements of Assistance.--Subsection (b) of such section 
is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) Required elements of assistance.--Assistance provided 
        to the security forces of Pakistan under this section in a 
        fiscal year after fiscal year 2010 shall be provided in a manner 
        that promotes--
                    ``(A) observance of and respect for human rights and 
                fundamental freedoms; and
                    ``(B) respect for legitimate civilian authority 
                within Pakistan.''.

                  Subtitle C--Reports and Other Matters

SEC. 1231. ONE-YEAR EXTENSION OF REPORT ON PROGRESS TOWARD 
                          SECURITY AND STABILITY IN AFGHANISTAN.

    Section 1230(a) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 385), as amended by section 
1236 of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111-81; 123 Stat. 2535), is further amended by striking 
``2011'' and inserting ``2012''.
SEC. 1232. TWO-YEAR EXTENSION OF UNITED STATES PLAN FOR SUSTAINING 
                          THE AFGHANISTAN NATIONAL SECURITY 
                          FORCES.

    Section 1231(a) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 390) is amended by striking 
``2010'' and inserting ``2012''.

[[Page 124 STAT. 4396]]

SEC. 1233. MODIFICATION OF REPORT ON RESPONSIBLE REDEPLOYMENT OF 
                          UNITED STATES ARMED FORCES FROM IRAQ.

    (a) Report Required.--Subsection (a) of section 1227 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2525; 50 U.S.C. 1541 note) is amended--
            (1) by striking ``December 31, 2009'' and inserting 
        ``December 31, 2010''; and
            (2) by striking ``90 days thereafter'' and inserting ``180 
        days thereafter''.

    (b) Elements.--Subsection (b) of such section is amended--
            (1) in paragraph (5), by striking ``Multi-National Force-
        Iraq'' each place it occurs and inserting ``United States 
        Forces-Iraq''; and
            (2) by adding at the end the following:
            ``(6) An assessment of progress to transfer responsibility 
        of programs, projects, and activities carried out in Iraq by the 
        Department of Defense to other United States Government 
        departments and agencies, international or nongovernmental 
        entities, or the Government of Iraq. The assessment should 
        include a description of the numbers and categories of programs, 
        projects, and activities for which such other entities have 
        taken responsibility or which have been discontinued by the 
        Department of Defense. The assessment should also include a 
        discussion of any difficulties or barriers in transitioning such 
        programs, projects, and activities and what, if any, solutions 
        have been developed to address such difficulties or barriers.
            ``(7) An assessment of progress toward the goal of building 
        the minimum essential capabilities of the Ministry of Defense 
        and the Ministry of the Interior of Iraq, including a 
        description of--
                    ``(A) such capabilities both extant and remaining to 
                be developed;
                    ``(B) major equipment necessary to achieve such 
                capabilities;
                    ``(C) the level and type of support provided by the 
                United States to address shortfalls in such 
                capabilities; and
                    ``(D) the level of commitment, both financial and 
                political, made by the Government of Iraq to develop 
                such capabilities, including a discussion of resources 
                used by the Government of Iraq to develop capabilities 
                that the Secretary determines are not minimum essential 
                capabilities for purposes of this paragraph.
            ``(8) A listing and assessment of the anticipated level and 
        type of support to be provided by United States special 
        operations forces to the Government of Iraq and Iraqi special 
        operations forces during the redeployment of United States 
        conventional forces from Iraq. The assessment should include a 
        listing of anticipated critical support from general purpose 
        forces required by United States special operations forces and 
        Iraqi special operations forces. The assessment should also 
        include combat support, including rotary aircraft and 
        intelligence, surveillance, and reconnaissance assets, combat 
        service support, and contractor support needed through December 
        31, 2011.''.

    (c) Secretary of State Comments.--Such section is further amended by 
striking subsection (c) and inserting the following:

[[Page 124 STAT. 4397]]

    ``(c) Secretary of State Comments.--Prior to submitting the report 
required under subsection (a), the Secretary of Defense shall provide a 
copy of the report to the Secretary of State for review. At the request 
of the Secretary of State, the Secretary of Defense shall include an 
appendix to the report which contains any comments or additional 
information that the Secretary of State requests.''.
    (d) Form.--Subsection (d) of such section is amended by striking ``, 
whether or not included in another report on Iraq submitted to Congress 
by the Secretary of Defense,''.
    (e) Termination.--Such section is further amended by adding at the 
end the following:
    ``(f) Termination.--The requirement to submit the report required 
under subsection (a) shall terminate on September 30, 2012.''.
    (f) Repeal of Other Reporting Requirements.--The following 
provisions of law are hereby repealed:
            (1) Section 1227 of the National Defense Authorization Act 
        for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465; 50 
        U.S.C. 1541 note) (as amended by section 1223 of the National 
        Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
        181; 122 Stat. 373)).
            (2) Section 1225 of the National Defense Authorization Act 
        for Fiscal Year 2008 <<NOTE: 10 USC 113 note.>>  (Public Law 
        110-181; 122 Stat. 375).
SEC. 1234. REPORT ON DEPARTMENT OF DEFENSE SUPPORT FOR COALITION 
                          OPERATIONS.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the implementation 
of the coalition support authorities of the Department of Defense during 
Operation Iraqi Freedom and Operation Enduring Freedom.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of the purpose and use of each coalition 
        support authority of the Department of Defense.
            (2) For the period of Operation Enduring Freedom ending on 
        September 30, 2010, a summary of the amount of training, 
        equipment, services, or other assistance provided or loaned 
        under any coalition support authority of the Department of 
        Defense set forth, for each such authority, by amount provided 
        or loaned during each fiscal year of such period for each 
        recipient country.
            (3) For the period of Operation Iraqi Freedom ending on 
        September 30, 2010, a summary of the amount of training, 
        equipment, services, or other assistance provided or loaned 
        under any coalition support authority of the Department of 
        Defense set forth, for each such authority, by amount provided 
        or loaned during each fiscal year of such period for each 
        recipient country.
            (4) An assessment of the effectiveness of each coalition 
        support authority of the Department of Defense in meeting its 
        intended purpose.
            (5) For each recipient country of coalition support under a 
        coalition support authority of the Department of Defense--

[[Page 124 STAT. 4398]]

                    (A) a description of the contribution of such 
                country to coalition operations in Operation Enduring 
                Freedom or Operating Iraqi Freedom; and
                    (B) an assessment of the extent to which coalition 
                support provided by the United States enhanced the 
                ability of such country to participate in coalition 
                operations in Operation Enduring Freedom or Operating 
                Iraqi Freedom.
            (6) A description of the actions taken by the Department 
        Defense to eliminate duplication and overlap in coalition 
        support provided under the coalition support authorities of the 
        Department of Defense.
            (7) An assessment by the Secretary of Defense whether there 
        is an ongoing need for each coalition support authority of the 
        Department of Defense, and an estimate of the anticipated future 
        demand for coalition support under such coalition support 
        authorities.

    (c) Coalition Support Authorities of the Department of Defense 
Defined.--In this section, the term ``coalition support authorities of 
the Department of Defense'' means the following:
            (1) Coalition Support Funds, including the authority to 
        provide specialized training and loan specialized equipment 
        under the Coalition Support Fund (commonly referred to as the 
        ``Coalition Readiness Support Program'').
            (2) Lift and sustain authority under appropriations Acts or 
        under section 1234 of the National Defense Authorization Act for 
        Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394).
            (3) Global lift and sustain authority under section 127c of 
        title 10, United States Code.
            (4) The authority to provide logistic support, supplies, and 
        services to allied forces participating in combined operations 
        under section 127d of title 10, United States Code.
            (5) The temporary authority to lend significant military 
        equipment under acquisition and cross-servicing agreements 
        pursuant to section 1202 of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364).
            (6) The authority under section 1206 of the National Defense 
        Authorization Act for Fiscal Year 2006 (Public Law 109-163) to 
        provide assistance to build the capacity of foreign nations to 
        support military or stability operations in which the United 
        States Armed Forces are a participant.
            (7) Any other authority that the Secretary of Defense 
        designates as a coalition support authority of the Department of 
        Defense for purposes of the report required by subsection (a).
SEC. 1235. REPORTS ON POLICE TRAINING PROGRAMS.

    (a) DoD Inspector General Report on Afghan National Police Training 
Program.--
            (1) Report required.--Not later than 180 days after the date 
        of the enactment of this Act, the Inspector General of the 
        Department of Defense shall, in consultation with the Inspector 
        General of the Department of State, submit to the appropriate 
        committees of Congress a report on the Afghan National Police 
        training program.
            (2) Review.--In preparing the report required by paragraph 
        (1), the Inspector General of the Department of Defense shall

[[Page 124 STAT. 4399]]

        conduct a review of the Afghan National Police training program 
        that focuses on developments since the Inspector General of the 
        Department of Defense and the Inspector General of the 
        Department of State released the report entitled ``Department of 
        Defense Obligations and Expenditures of Funds Provided to the 
        Department of State for the Training and Mentoring of the Afghan 
        National Police'' (DODIG Report No. D-2010-042, DOSIG Report No. 
        MERO-A-10-06, February 9, 2010).
            (3) Elements of report.--The report required by paragraph 
        (1) shall include the following:
                    (A) A description of the components, planning, and 
                scope of the Afghan National Police training program 
                since the United States assumed control of the program 
                in 2003.
                    (B) A description of the cost to the United States 
                of the Afghan National Police training program, 
                including the source and amount of funding, and a 
                description of the allocation of responsibility between 
                the Department of Defense and the Department of State 
                for funding the program.
                    (C) A description of the allocation of 
                responsibility between the Department of Defense and the 
                Department of State for the oversight and execution of 
                the program.
                    (D) A description of the personnel and staffing 
                requirements for overseeing and executing the program, 
                both in the United States and in theater, including 
                United States civilian government and military 
                personnel, contractor personnel, and nongovernmental 
                personnel, and non-United States civilian and military 
                personnel, contractor personnel, and nongovernmental 
                personnel.
                    (E) An assessment of the cost, performance metrics, 
                and planning associated with the transfer of 
                administration of the contract for the Afghan National 
                Police training program from the Department of State to 
                the Department of Defense.

    (b) GAO Report on Use of Government Personnel Rather Than 
Contractors for Training Afghan National Police.--
            (1) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the appropriate committees of Congress a 
        report on the use of United States Government personnel rather 
        than contractors for the training of the Afghan National Police.
            (2) Elements.--The report required under paragraph (1) shall 
        include the following:
                    (A) A description of the roles and responsibilities 
                of contractors and United States Government personnel in 
                the Afghan National Police training program and a 
                description of how the division of roles and 
                responsibilities between such contractors and personnel 
                has been determined.
                    (B) An assessment of the relative advantages and 
                disadvantages of using contractors or United States 
                Government personnel in the Afghan National Police 
                training program, including an assessment of--
                          (i) the shortfalls and inefficiencies, if any, 
                      in contractor performance in the program; and

[[Page 124 STAT. 4400]]

                          (ii) options for leveraging United States 
                      Government resources and capacity to address the 
                      shortfalls and inefficiencies described in clause 
                      (i) and to better address current and future needs 
                      under the program.
                    (C) An assessment of the factors, such as oversight, 
                cost considerations, performance, policy, and other 
                factors, that would be impacted by transferring 
                responsibilities for the performance of the Afghan 
                National Police training program from contractors to 
                United States Government personnel.
                    (D) A review of the lessons learned from the 
                execution and oversight of the police training program 
                in Iraq, and any other relevant police training programs 
                led by the Department of Defense, regarding the relative 
                advantages and disadvantages of using United States 
                Government personnel or contractors to carry out police 
                training programs for foreign nations.

    (c) Report on Government Police Training and Equipping Programs.--
            (1) <<NOTE: President.>>  Report.--Not later than 1 year 
        after the date of the enactment of this Act, the President shall 
        submit to the appropriate committees of Congress a report on 
        United States Government police training and equipping programs 
        outside the United States.
            (2) Elements.--The report required under paragraph (1) shall 
        include the following:
                    (A) A list of all United States Government 
                departments and agencies involved in implementing police 
                training and equipping programs.
                    (B) A description of the scope, size, and components 
                of all police training and equipping programs for fiscal 
                years 2010 and 2011, to include for each such program--
                          (i) the name of each country that received 
                      assistance under the program;
                          (ii) the types of recipient nation units 
                      receiving such assistance, including national 
                      police, gendarmerie, counternarcotics police, 
                      counterterrorism police, Formed Police Units, 
                      border security, and customs;
                          (iii) the purpose and objectives of the 
                      program;
                          (iv) the funding and personnel levels for the 
                      program in each such fiscal year;
                          (v) the authority under which the program is 
                      conducted;
                          (vi) the name of the United States Government 
                      department or agency with lead responsibility for 
                      the program and the mechanisms for oversight of 
                      the program;
                          (vii) the extent to which the program is 
                      implemented by contractors or United States 
                      Government personnel; and
                          (viii) the metrics for measuring the results 
                      of the program.
                    (C) An assessment of the requirements for police 
                training and equipping programs, and what changes, if 
                any, are required to improve the capacity of the United 
                States Government to meet such requirements.

[[Page 124 STAT. 4401]]

                    (D) An evaluation of the appropriate role of United 
                States Government departments and agencies in 
                coordinating on and carrying out police training and 
                equipping programs.
                    (E) An evaluation of the appropriate role of 
                contractors in carrying out police training and 
                equipping programs, and what modifications, if any, are 
                needed to improve oversight of such contractors.
                    (F) Recommendations for legislative modifications, 
                if any, to existing authorities relating to police 
                training and equipping programs.

    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committees on Armed Services, Foreign Relations, 
        Homeland Security and Governmental Affairs, and Appropriations 
        of the Senate; and
            (2) the Committees on Armed Services, Foreign Affairs, 
        Oversight and Government Reform, and Appropriations of the House 
        of Representatives.
SEC. 1236. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE UNITED 
                          STATES.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Secretary of State, the Attorney General, the Secretary of Homeland 
Security, the Administrator of the United States Agency for 
International Development, and the heads of other appropriate Federal 
agencies (as determined by the Secretary of Defense), shall submit to 
the Congress a report containing the information described in subsection 
(b). In preparing such report, the Secretary of Defense shall use 
available information from organizations and entities closely associated 
with the United States mission in Iraq that have received United States 
Government funding through an official and documented contract, award, 
grant, or cooperative agreement.
    (b) Information.--The information described in this subsection is 
the following:
            (1) The number of Iraqis who were or are employed by the 
        United States Government in Iraq or who are or were employed in 
        Iraq by an organization or entity closely associated with the 
        United States mission in Iraq that has received United States 
        Government funding through an official and documented contract, 
        award, grant, or cooperative agreement.
            (2) The number of Iraqis who have applied--
                    (A) for resettlement in the United States as a 
                refugee under section 1243 of the Refugee Crisis in Iraq 
                Act of 2007 (subtitle C of title XII of division A of 
                Public Law 110-181; 122 Stat. 395 et seq.);
                    (B) to enter the United States as a special 
                immigrant under section 1244 of such Act; or
                    (C) to enter the United States as a special 
                immigrant under section 1059 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 8 U.S.C. 1101 note).
            (3) The status of each application described in paragraph 
        (2).

[[Page 124 STAT. 4402]]

            (4) The estimated number of individuals described in 
        paragraph (1) who have been injured or killed in Iraq.

    (c) <<NOTE: Plan.>>  Expedited Processing.--The Secretary of 
Defense, the Secretary of State, and the Secretary of Homeland Security 
shall develop a plan using the report submitted under subsection (a) to 
expedite the processing of the applications described in subsection 
(b)(2) in the case of Iraqis at risk as the United States withdraws from 
Iraq.
SEC. 1237. REPORT ON DEPARTMENT OF DEFENSE'S PLANS TO REFORM THE 
                          EXPORT CONTROL SYSTEM.

    (a) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the Department of 
Defense's plans to implement the reforms to the United States export 
control system recommended by the interagency task force established at 
the direction of the President on August 13, 2009.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include an assessment of the extent to which the plans to 
reform the export control system will--
            (1) impact the Defense Technology Security Administration of 
        the Department of Defense;
            (2) affect the role of the Department of Defense with 
        respect to export control policy; and
            (3) ensure greater protection and monitoring of militarily 
        critical technologies.

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Banking, Housing, and Urban Affairs, and the Committee on 
        Foreign Relations of the Senate.
SEC. 1238. REPORT ON UNITED STATES EFFORTS TO DEFEND AGAINST 
                          THREATS POSED BY THE ANTI-ACCESS AND 
                          AREA-DENIAL CAPABILITIES OF CERTAIN 
                          NATION-STATES.

    (a) Finding.--Congress finds that the 2010 report on the Department 
of Defense Quadrennial Defense Review concludes that ``[a]nti-access 
strategies seek to deny outside countries the ability to project power 
into a region, thereby allowing aggression or other destabilizing 
actions to be conducted by the anti-access power. Without dominant 
capabilities to project power, the integrity of United States alliances 
and security partnerships could be called into question, reducing United 
States security and influence and increasing the possibility of 
conflict''.
    (b) Sense of Congress.--It is the sense of Congress that, in light 
of the finding in subsection (a), the Secretary of Defense should ensure 
that the United States has the appropriate authorities, capabilities, 
and force structure to defend against any potential future threats posed 
by the anti-access and area-denial capabilities of potentially hostile 
foreign countries.
    (c) Report.--Not later than April 1, 2011, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on United States efforts to defend 
against any potential future threats posed

[[Page 124 STAT. 4403]]

by the anti-access and area-denial capabilities of potentially hostile 
nation-states.
    (d) Elements.--The report required under subsection (c) shall 
include the following:
            (1) An assessment of any potential future threats posed by 
        the anti-access and area-denial capabilities of potentially 
        hostile foreign countries, including an identification of the 
        foreign countries with such capabilities, the nature of such 
        capabilities, and the possible advances in such capabilities 
        over the next 10 years.
            (2) A description of any efforts by the Department of 
        Defense to address the potential future threats posed by the 
        anti-access and area-denial capabilities of potentially hostile 
        foreign countries.
            (3) A description of the authorities, capabilities, and 
        force structure that the United States may require over the next 
        10 years to address the threats posed by the anti-access and 
        area-denial capabilities of potentially hostile foreign 
        countries.

    (e) Form.--The report required under subsection (c) shall be 
submitted in unclassified form, but may contain a classified annex if 
necessary.
    (f) Definitions.--In this section--
            (1) the term ``anti-access'', with respect to capabilities, 
        means any action that has the effect of slowing the deployment 
        of friendly forces into a theater, preventing such forces from 
        operating from certain locations within that theater, or causing 
        such forces to operate from distances farther from the locus of 
        conflict than such forces would normally prefer; and
            (2) the term ``area-denial'', with respect to capabilities, 
        means operations aimed to prevent freedom of action of friendly 
        forces in the more narrow confines of the area under a 
        potentially hostile nation-state's direct control, including 
        actions by an adversary in the air, on land, and on and under 
        the sea to contest and prevent joint operations within a 
        defended battlespace.
SEC. 1239. DEFENSE SCIENCE BOARD REPORT ON DEPARTMENT OF DEFENSE 
                          STRATEGY TO COUNTER VIOLENT EXTREMISM 
                          OUTSIDE THE UNITED STATES.

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Defense Science Board shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the strategy of the Department of Defense to 
counter violent extremism outside the United States.
    (b) Elements.--The report required by subsection (a) shall include, 
at a minimum, the following:
            (1) A review of the current strategy, research activities, 
        resource allocations, and organizational structure of the 
        Department of Defense for countering violent extremism outside 
        the United States.
            (2) A review of interagency coordination and decision-making 
        processes for executing and overseeing strategies and programs 
        for countering violent extremism outside the United States.

[[Page 124 STAT. 4404]]

            (3) An analysis of alternatives and options available to the 
        Department of Defense to counter violent extremism outside the 
        United States.
            (4) An analysis of legal, policy, and strategy issues 
        involving efforts to counter violent extremism outside the 
        United States as such efforts potentially affect domestic 
        efforts to interrupt radicalization efforts within the United 
        States.
            (5) An analysis of the current information campaign of the 
        Department of Defense against violent extremists outside the 
        United States.
            (6) Such recommendations for further action to address the 
        matters covered by the report as the Defense Science Board 
        considers appropriate.
            (7) Such other matters as the Defense Science Board 
        determines relevant.
SEC. 1240. REPORT ON MERITS OF AN INCIDENTS AT SEA AGREEMENT 
                          BETWEEN THE UNITED STATES, IRAN, AND 
                          CERTAIN OTHER COUNTRIES.

    (a) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense, in coordination with 
the Secretary of State, shall submit to the appropriate congressional 
committees a report assessing the relative merits of a multilateral or 
bilateral Incidents at Sea military-to-military agreement between the 
United States, the Government of Iran, and other countries operating in 
the Persian Gulf aimed at preventing accidental naval conflict in the 
Persian Gulf and the Strait of Hormuz.
    (b) Matters to Be Included.--Such assessment should consider and 
evaluate the current maritime security situation in the Persian Gulf and 
the effect that such an agreement might have on military and other 
maritime activities in the region, as well as other United States 
regional strategic interests.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
SEC. 1241. REQUIREMENT TO MONITOR AND EVALUATE DEPARTMENT OF 
                          DEFENSE ACTIVITIES TO COUNTER VIOLENT 
                          EXTREMISM IN AFRICA.

    (a) In General.--The Secretary of Defense, in consultation with the 
Secretary of State, shall monitor and evaluate the impact of United 
States Africa Command (USAFRICOM) Combined Joint Task Force-Horn of 
Africa's (CJTF-HOA) activities to counter violent extremism in Africa, 
including civil affairs, psychological operations, humanitarian 
assistance, and operations to strengthen the capacity of partner 
nations.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the appropriate 
congressional committees a report on the following:
            (1) An evaluation of the impact of CJTF-HOA's activities 
        described in subsection (a) to advance United States security 
        objectives in the Horn of Africa, including the extent to which 
        CJTF-HOA's activities--

[[Page 124 STAT. 4405]]

                    (A) disrupt or deny terrorist networks;
                    (B) combat violent extremist ideology;
                    (C) are aligned with USAFRICOM's mission; and
                    (D) complement programs conducted by the United 
                States Agency for International Development.
            (2) USAFRICOM's efforts to monitor and evaluate the impact 
        of CJTF-HOA's activities described in subsection (a), 
        including--
                    (A) the means by which CJTF-HOA follows up on such 
                activities to evaluate the effectiveness of such 
                activities;
                    (B) USAFRICOM's specific assessments of CJTF-HOA's 
                activities; and
                    (C) a description of plans by the Secretary of 
                Defense to make permanent CJTF-HOA's presence in 
                Djibouti.

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
SEC. 1242. NATO SPECIAL OPERATIONS HEADQUARTERS.

    (a) In General.--Section 1244 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``fiscal year 2010'' and inserting 
                ``fiscal year 2011'';
                    (B) by striking ``pursuant to section 301(1)''; and
                    (C) by striking ``$30,000,000'' and inserting 
                ``$50,000,000'';
            (2) in subsection (b)--
                    (A) by striking ``NATO Special Operations 
                Coordination Center'' and inserting ``NATO Special 
                Operations Headquarters''; and
                    (B) by striking ``NSCC'' and inserting ``NSHQ''; and
            (3) in subsection (c), by striking ``NSCC'' each place it 
        appears and inserting ``NSHQ''.

    (b) Conforming Amendment.--The heading of such section is amended by 
striking ``nato special operations coordination center'' and inserting 
``nato special operations headquarters''.
SEC. 1243. NATIONAL MILITARY STRATEGY TO COUNTER IRAN AND REQUIRED 
                          BRIEFINGS.

    (a) National Military Strategy Required.--The Secretary of Defense 
shall develop a strategy, to be known as the ``National Military 
Strategy to Counter Iran''. The strategy should--
            (1) provide strategic guidance for activities of the 
        Department of Defense that support the objective of countering 
        threats posed by Iran;
            (2) undertake a review of the intelligence in the possession 
        of the Department of Defense to develop a list of gaps in 
        intelligence that limit the ability of the Department of Defense 
        to counter threats emanating from Iran that the Secretary 
        considers to be critical;

[[Page 124 STAT. 4406]]

            (3) undertake a review of the ability of the Department of 
        Defense to counter threats to the United States, its forces, 
        allies, and interests from Iran, including--
                    (A) contributions of the Department of Defense to 
                the efforts of other agencies of the United States 
                Government to counter or address the threat emanating 
                from Iran; and
                    (B) any gaps in the capabilities and authorities of 
                the Department.

    (b) <<NOTE: Deadline.>>  Briefings to Congress.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Defense shall brief the congressional defense committees in classified 
session regarding any resources, capabilities, or changes to current law 
the Secretary believes are necessary to address the gaps identified in 
the strategy required in subsection (a).

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
           funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of 
           excellence in countries outside of the former Soviet Union.
Sec. 1304. Plan for nonproliferation, proliferation prevention, and 
           threat reduction activities with the People's Republic of 
           China.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS 
                          AND FUNDS.

    (a) Specification of Cooperative Threat Reduction Programs.--For 
purposes of section 301 and other provisions of this Act, Cooperative 
Threat Reduction programs are the programs specified in section 1501 of 
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 
2362 note).
    (b) Fiscal Year 2011 Cooperative Threat Reduction Funds Defined.--As 
used in this title, the term ``fiscal year 2011 Cooperative Threat 
Reduction funds'' means the funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs shall be available for obligation for fiscal years 
2011, 2012, and 2013.
SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $522,512,000 authorized 
to be appropriated to the Department of Defense for fiscal year 2011 in 
section 301(20) for Cooperative Threat Reduction programs, the following 
amounts may be obligated for the purposes specified:
            (1) For strategic offensive arms elimination in Russia, 
        $66,732,000.
            (2) For strategic nuclear arms elimination in Ukraine, 
        $6,800,000.
            (3) For nuclear weapons storage security in Russia, 
        $9,614,000.
            (4) For nuclear weapons transportation security in Russia, 
        $45,000,000.

[[Page 124 STAT. 4407]]

            (5) For weapons of mass destruction proliferation prevention 
        in the states of the former Soviet Union, $79,821,000.
            (6) For biological threat reduction in the former Soviet 
        Union, $209,034,000.
            (7) For chemical weapons destruction, $3,000,000.
            (8) For defense and military contacts, $5,000,000.
            (9) For Global Nuclear Lockdown, $74,471,000.
            (10) For activities designated as Other Assessments/
        Administrative Costs, $23,040,000.

    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2011 Cooperative Threat Reduction funds may be 
obligated or expended for a purpose other than a purpose listed in 
paragraphs (1) through (10) of subsection (a) until 15 days after the 
date that the Secretary of Defense submits to Congress a report on the 
purpose for which the funds will be obligated or expended and the amount 
of funds to be obligated or expended. Nothing in the preceding sentence 
shall be construed as authorizing the obligation or expenditure of 
fiscal year 2011 Cooperative Threat Reduction funds for a purpose for 
which the obligation or expenditure of such funds is specifically 
prohibited under this title or any other provision of law.
    (c) Limited Authority to Vary Individual Amounts.--
            (1) In general.--Subject to paragraph (2), in any case in 
        which the Secretary of Defense determines that it is necessary 
        to do so in the national interest, the Secretary may obligate 
        amounts appropriated for fiscal year 2011 for a purpose listed 
        in paragraphs (1) through (10) of subsection (a) in excess of 
        the specific amount authorized for that purpose.
            (2) Notice-and-wait required.--An obligation of funds for a 
        purpose stated in paragraphs (1) through (10) of subsection (a) 
        in excess of the specific amount authorized for such purpose may 
        be made using the authority provided in paragraph (1) only 
        after--
                    (A) the Secretary submits to Congress notification 
                of the intent to do so together with a complete 
                discussion of the justification for doing so; and
                    (B) 15 days have elapsed following the date of the 
                notification.
SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS 
                          OF EXCELLENCE IN COUNTRIES OUTSIDE OF 
                          THE FORMER SOVIET UNION.

    Not <<NOTE: Time period. Reports.>>  more than $500,000 of the 
fiscal year 2011 Cooperative Threat Reduction funds may be obligated or 
expended to establish a center of excellence in a country that is not a 
state of the former Soviet Union until the date that is 15 days after 
the date on which the Secretary of Defense submits to the congressional 
defense committees a report that includes the following:
            (1) An identification of the country in which the center 
        will be located.
            (2) A description of the purpose for which the center will 
        be established.
            (3) The agreement under which the center will operate.
            (4) A funding plan for the center, including--
                    (A) the amount of funds to be provided by the 
                government of the country in which the center will be 
                located; and

[[Page 124 STAT. 4408]]

                    (B) the percentage of the total cost of establishing 
                and operating the center the funds described in 
                subparagraph (A) will cover.
SEC. 1304. PLAN FOR NONPROLIFERATION, PROLIFERATION PREVENTION, 
                          AND THREAT REDUCTION ACTIVITIES WITH THE 
                          PEOPLE'S REPUBLIC OF CHINA.

    (a) <<NOTE: Deadline.>>  In General.--Not later than April 1, 2011, 
the Secretary of Defense and the Secretary of Energy shall jointly 
submit to the congressional defense committees a plan to carry out 
activities of the Department of Defense Cooperative Threat Reduction 
Program and the Department of Energy Defense Nuclear Nonproliferation 
program relating to nonproliferation, proliferation prevention, and 
threat reduction with the Government of the People's Republic of China 
during fiscal years 2011 through 2016.

    (b) Elements.--The plan required by subsection (a) shall include the 
following:
            (1) A description of the activities to be carried out under 
        the plan.
            (2) A description of milestones and goals for such 
        activities.
            (3) An estimate of the annual cost of such activities.
            (4) An estimate of the amount of the total cost of such 
        activities to be provided by the Government of the People's 
        Republic of China.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Study on working capital fund cash balances.
Sec. 1403. Modification of certain working capital fund requirements.
Sec. 1404. Reduction of unobligated balances within the Pentagon 
           Reservation Maintenance Revolving Fund.
Sec. 1405. National Defense Sealift Fund.
Sec. 1406. Chemical Agents and Munitions Destruction, Defense.
Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1408. Defense Inspector General.
Sec. 1409. Defense Health Program.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously 
           authorized disposals from the National Defense Stockpile.

              Subtitle C--Chemical Demilitarization Matters

Sec. 1421. Consolidation and reorganization of statutory authority for 
           destruction of United States stockpile of lethal chemical 
           agents and munitions.

                        Subtitle D--Other Matters

Sec. 1431. Authorization of appropriations for Armed Forces Retirement 
           Home.
Sec. 1432. Authority for transfer of funds to Joint Department of 
           Defense-Department of Veterans Affairs Medical Facility 
           Demonstration Fund for Captain James A. Lovell Health Care 
           Center, Illinois.

                      Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:

[[Page 124 STAT. 4409]]

            (1) For the Defense Working Capital Funds, $160,965,000.
            (2) For the Defense Working Capital Fund, Defense 
        Commissary, $1,273,571,000.
SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BALANCES.

    (a) <<NOTE: Contracts.>>  Study Required.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall seek to enter into a contract with a federally funded research and 
development center with appropriate expertise in revolving fund 
financial management to carry out a study to determine a sufficient 
operational level of cash that each revolving fund of the Department of 
Defense should maintain in order to sustain a single rate or price 
throughout the fiscal year.

    (b) Contents of Study.--In carrying out a study pursuant to a 
contract entered into under subsection (a), the federally funded 
research and development center shall--
            (1) qualitatively analyze the operational requirements and 
        inherent risks associated with maintaining a specific level of 
        cash within each revolving fund of the Department;
            (2) for each such revolving fund, take into consideration 
        any effects on appropriation accounts that have occurred due to 
        changes made in the rates charged by the fund during a fiscal 
        year;
            (3) take into consideration direct input from the Secretary 
        of Defense and officials of each of the military departments 
        with leadership responsibility for financial management;
            (4) examine the guidance provided and regulations prescribed 
        by the Secretary of Defense and the Secretary of each of the 
        military departments, as in effect on the date of the enactment 
        of this Act, including such guidance with respect to programming 
        and budgeting and the annual budget displays provided to 
        Congress;
            (5) examine the effects on appropriations accounts that have 
        occurred due to congressional adjustments relating to excess 
        cash balances in revolving funds;
            (6) identify best business practices from the private sector 
        relating to sufficient cash balance reserves;
            (7) examine any relevant applicable laws, including the 
        relevant body of work performed by the Government Accountability 
        Office; and
            (8) address--
                    (A) instances where the fiscal policy of the 
                Department of Defense directly follows the law, as in 
                effect on the date of the enactment of this Act, and 
                instances where such policy is more restrictive with 
                respect to the fiscal management of revolving funds than 
                such law requires;
                    (B) instances where current Department fiscal policy 
                restricts the capability of a revolving fund to achieve 
                the most economical and efficient organization and 
                operation of activities;
                    (C) fiscal policy adjustments required to comply 
                with recommendations provided in the study, including 
                proposed adjustments to--
                          (i) the Department of Defense Financial 
                      Management Regulation;
                          (ii) published service regulations and 
                      instructions; and

[[Page 124 STAT. 4410]]

                          (iii) major command fiscal guidance; and
                    (D) such other matters as determined relevant by the 
                center carrying out the study.

    (c) Availability of Information.--The Secretary of Defense and the 
Secretary of each of the military departments shall make available to a 
federally funded research and development center carrying out a study 
pursuant to a contract entered into under subsection (a) all necessary 
and relevant information to allow the center to conduct the study in a 
quantitative and analytical manner.
    (d) Report.--Any contract entered into under subsection (a) shall 
provide that not later than 9 months after the date on which the 
Secretary of Defense enters into the contract, the chief executive 
officer of the entity that carries out the study pursuant to the 
contract shall submit to the Committees on Armed Services of the Senate 
and House of Representatives and the Secretary of Defense a final report 
on the study. <<NOTE: Recommenda- tions.>>  The report shall include 
each of the following:
            (1) A description of the revolving fund environment, as of 
        the date of the conclusion of the study, and the anticipated 
        future environment, together with the quantitative data used in 
        conducting the assessment of such environments under the study.
            (2) Recommended fiscal policy adjustments to support the 
        initiatives identified in the study, including adjustments to--
                    (A) the Department of Defense Financial Management 
                Regulation;
                    (B) published service regulations and instructions; 
                and
                    (C) major command fiscal guidance.
            (3) Recommendations with respect to any changes to any 
        applicable law that would be appropriate to support the 
        initiatives identified in the study.

    (e) <<NOTE: Deadline.>>  Submittal of Comments.--Not later than 90 
days after the date of the submittal of the report under subsection (d), 
the Secretary of Defense and the Secretaries of each of the military 
departments shall submit to the Committees on Armed Services of the 
Senate and House of Representatives comments on the findings and 
recommendations contained in the report.
SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL FUND 
                          REQUIREMENTS.

    Section 2208 of title 10, United States Code, is amended--
            (1) in subsection (c)(1), by inserting before the semicolon 
        the following: ``, including the cost of the procurement and 
        qualification of technology-enhanced maintenance capabilities 
        that improve either reliability, maintainability, 
        sustainability, or supportability and have, at a minimum, been 
        demonstrated to be functional in an actual system application or 
        operational environment''; and
            (2) in subsection (k)(2), by striking ``$100,000'' and 
        inserting ``$250,000''.
SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITHIN THE PENTAGON 
                          RESERVATION MAINTENANCE REVOLVING FUND.

    Not <<NOTE: Deadline.>>  later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall transfer 
$53,000,000 from the unobligated balances of the Pentagon Reservation 
Maintenance Revolving Fund established under section 2674(e) of title 
10, United

[[Page 124 STAT. 4411]]

States Code, to the Miscellaneous Receipts Fund of the United States 
Treasury.
SEC. 1405. NATIONAL DEFENSE SEALIFT FUND.

    Funds are hereby authorized to be appropriated for the fiscal year 
2011 for the National Defense Sealift Fund in the amount of 
$934,866,000.
SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for the Department of Defense for fiscal year 2011 for 
expenses, not otherwise provided for, for Chemical Agents and Munitions 
Destruction, Defense, in the amount of $1,467,307,000, of which--
            (1) $1,067,364,000 is for Operation and Maintenance;
            (2) $392,811,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $7,132,000 is for Procurement.

    (b) Use.--Amounts authorized to be appropriated under subsection (a) 
are authorized for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521), as amended by section 
        1421 of this Act; and
            (2) the destruction of chemical warfare materiel of the 
        United States that is not covered by section 1412 of such Act.
SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
                          WIDE.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2011 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the 
amount of $1,160,851,000.
SEC. 1408. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2011 for expenses, not otherwise provided for, 
for the Office of the Inspector General of the Department of Defense, in 
the amount of $317,154,000.
SEC. 1409. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2011 for expenses, not otherwise provided for, 
for the Defense Health Program, in the amount of $30,959,611,000.

                 Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2011, the 
National Defense Stockpile Manager may obligate up to $41,181,000 of the 
funds in the National Defense Stockpile Transaction Fund established 
under subsection (a) of section 9 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h)

[[Page 124 STAT. 4412]]

for the authorized uses of such funds under subsection (b)(2) of such 
section, including the disposal of hazardous materials that are 
environmentally sensitive.
    (b) <<NOTE: Notification.>>  Additional Obligations.--The National 
Defense Stockpile Manager may obligate amounts in excess of the amount 
specified in subsection (a) if the National Defense Stockpile Manager 
notifies Congress that extraordinary or emergency conditions necessitate 
the additional obligations. <<NOTE: Time period.>>  The National Defense 
Stockpile Manager may make the additional obligations described in the 
notification after the end of the 45-day period beginning on the date on 
which Congress receives the notification.

    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. <<NOTE: 50 USC 98d note.>>  REVISION TO REQUIRED 
                          RECEIPT OBJECTIVES FOR PREVIOUSLY 
                          AUTHORIZED DISPOSALS FROM THE NATIONAL 
                          DEFENSE STOCKPILE.

    Section 3402(b)(5) of the National Defense Authorization Act for 
Fiscal Year 2000 (50 U.S.C. 98d note), as most recently amended by 
section 1412(a) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 418), is amended by striking 
``$710,000,000'' and inserting ``$730,000,000''.

              Subtitle C--Chemical Demilitarization Matters

SEC. 1421. CONSOLIDATION AND REORGANIZATION OF STATUTORY AUTHORITY 
                          FOR DESTRUCTION OF UNITED STATES 
                          STOCKPILE OF LETHAL CHEMICAL AGENTS AND 
                          MUNITIONS.

    (a) Restatement of Statutory Authority With Consolidation and 
Reorganization.--Section 1412 of the National Defense Authorization Act, 
1986 (50 U.S.C. 1521) is amended to read as follows:
``SEC. 1412. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL 
                          AGENTS AND MUNITIONS.

    ``(a) In General.--The Secretary of Defense shall, in accordance 
with the provisions of this section, carry out the destruction of the 
United States' stockpile of lethal chemical agents and munitions that 
exists on November 8, 1985.
    ``(b) Date for Completion.--(1) The destruction of such stockpile 
shall be completed by the stockpile elimination deadline.
    ``(2) If the Secretary of Defense determines at any time that there 
will be a delay in meeting the requirement in paragraph (1) for the 
completion of the destruction of chemical weapons by the stockpile 
elimination deadline, the Secretary shall immediately notify the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives of that projected delay.
    ``(3) <<NOTE: Definition.>>  For purposes of this section, the term 
`stockpile elimination deadline' means the deadline established by the 
Chemical Weapons Convention, but not later than December 31, 2017.

    ``(c) Initiation of Demilitarization Operations.--The Secretary of 
Defense may not initiate destruction of the chemical

[[Page 124 STAT. 4413]]

munitions stockpile stored at a site until the following support 
measures are in place:
            ``(1) Support measures that are required by Department of 
        Defense and Army chemical surety and security program 
        regulations.
            ``(2) Support measures that are required by the general and 
        site chemical munitions demilitarization plans specific to that 
        installation.
            ``(3) Support measures that are required by the permits 
        required by the Solid Waste Disposal Act (42 U.S.C. 6901 et 
        seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for 
        chemical munitions demilitarization operations at that 
        installation, as approved by the appropriate State regulatory 
        agencies.

    ``(d) Environmental Protection and Use of Facilities.--(1) In 
carrying out the requirement of subsection (a), the Secretary of Defense 
shall provide for--
            ``(A) maximum protection for the environment, the general 
        public, and the personnel who are involved in the destruction of 
        the lethal chemical agents and munitions referred to in 
        subsection (a), including but not limited to the use of 
        technologies and procedures that will minimize risk to the 
        public at each site; and
            ``(B) adequate and safe facilities designed solely for the 
        destruction of lethal chemical agents and munitions.

    ``(2) Facilities constructed to carry out this section shall, when 
no longer needed for the purposes for which they were constructed, be 
disposed of in accordance with applicable laws and regulations and 
mutual agreements between the Secretary of the Army and the Governor of 
the State in which the facility is located.
    ``(3)(A) Facilities constructed to carry out this section may not be 
used for a purpose other than the destruction of the stockpile of lethal 
chemical agents and munitions that exists on November 8, 1985.
    ``(B) The prohibition in subparagraph (A) shall not apply with 
respect to items designated by the Secretary of Defense as lethal 
chemical agents, munitions, or related materials after November 8, 1985, 
if the State in which a destruction facility is located issues the 
appropriate permit or permits for the destruction of such items at the 
facility.
    ``(e) Grants and Cooperative Agreements.--(1)(A) In order to carry 
out subsection (d)(1)(A), the Secretary of Defense may make grants to 
State and local governments and to tribal organizations (either directly 
or through the Federal Emergency Management Agency) to assist those 
governments and tribal organizations in carrying out functions relating 
to emergency preparedness and response in connection with the disposal 
of the lethal chemical agents and munitions referred to in subsection 
(a). Funds available to the Department of Defense for the purpose of 
carrying out this section may be used for such grants.
    ``(B) Additionally, the Secretary may provide funds through 
cooperative agreements with State and local governments, and with tribal 
organizations, for the purpose of assisting them in processing, 
approving, and overseeing permits and licenses necessary for the 
construction and operation of facilities to carry out this section. The 
Secretary shall ensure that funds provided through such a cooperative 
agreement are used only for the purpose set forth in the preceding 
sentence.

[[Page 124 STAT. 4414]]

    ``(C) In this paragraph, the term `tribal organization' has the 
meaning given that term in section 4(l) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(l)).
    ``(2)(A) In coordination with the Secretary of the Army and in 
accordance with agreements between the Secretary of the Army and the 
Administrator of the Federal Emergency Management Agency, the 
Administrator shall carry out a program to provide assistance to State 
and local governments in developing capabilities to respond to 
emergencies involving risks to the public health or safety within their 
jurisdictions that are identified by the Secretary as being risks 
resulting from--
            ``(i) the storage of lethal chemical agents and munitions 
        referred to in subsection (a) at military installations in the 
        continental United States; or
            ``(ii) the destruction of such agents and munitions at 
        facilities referred to in subsection (d)(1)(B).

    ``(B) <<NOTE: Deadlines.>>  Assistance may be provided under this 
paragraph for capabilities to respond to emergencies involving an 
installation or facility as described in subparagraph (A) until the 
earlier of the following:
            ``(i) The date of the completion of all grants and 
        cooperative agreements with respect to the installation or 
        facility for purposes of this paragraph between the Federal 
        Emergency Management Agency and the State and local governments 
        concerned.
            ``(ii) The date that is 180 days after the date of the 
        completion of the destruction of lethal chemical agents and 
        munitions at the installation or facility.

    ``(C) <<NOTE: Deadlines. Reports.>>  Not later than December 15 of 
each year, the Administrator shall transmit a report to Congress on the 
activities carried out under this paragraph during the fiscal year 
preceding the fiscal year in which the report is submitted.

    ``(f) Requirement for Strategic Plan.--(1) The Under Secretary of 
Defense for Acquisition, Technology, and Logistics and the Secretary of 
the Army shall jointly prepare, and from time to time shall update as 
appropriate, a strategic plan for future activities for destruction of 
the United States' stockpile of lethal chemical agents and munitions.
    ``(2) The plan shall include, at a minimum, the following 
considerations:
            ``(A) Realistic budgeting for stockpile destruction and 
        related support programs.
            ``(B) Contingency planning for foreseeable or anticipated 
        problems.
            ``(C) A management approach and associated actions that 
        address compliance with the obligations of the United States 
        under the Chemical Weapons Convention and that take full 
        advantage of opportunities to accelerate destruction of the 
        stockpile.

    ``(3) The Secretary of Defense shall each year submit to the 
Committee on the Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives the strategic plan as most 
recently prepared and updated under paragraph (1). Such submission shall 
be made each year at the time of the submission to the Congress that 
year of the President's budget for the next fiscal year.

[[Page 124 STAT. 4415]]

    ``(g) <<NOTE: Establishment.>>  Management Organization.--(1) In 
carrying out this section, the Secretary of Defense shall provide for a 
management organization within the Department of the Army. The Secretary 
of the Army shall be responsible for management of the destruction of 
agents and munitions at all sites except Blue Grass Army Depot, 
Kentucky, and Pueblo Chemical Depot, Colorado

    ``(2) The program manager for the Assembled Chemical Weapons 
Alternative Program shall be responsible for management of the 
construction, operation, and closure, and any contracting relating 
thereto, of chemical demilitarization activities at Blue Grass Army 
Depot, Kentucky, and Pueblo Army Depot, Colorado, including management 
of the pilot-scale facility phase of the alternative technology selected 
for the destruction of lethal chemical munitions. In performing such 
management, the program manager shall act independently of the Army 
program manager for Chemical Demilitarization and shall report to the 
Under Secretary of Defense for Acquisition, Technology, and Logistics
    ``(3) The Secretary of Defense shall designate a general officer or 
civilian equivalent as the director of the management organization 
established under paragraph (1). Such officer shall have--
            ``(A) experience in the acquisition, storage, and 
        destruction of chemical agents and munitions; and
            ``(B) outstanding qualifications regarding safety in 
        handling chemical agents and munitions.

    ``(h) Identification of Funds.--(1) Funds for carrying out this 
section, including funds for military construction projects necessary to 
carry out this section, shall be set forth in the budget of the 
Department of Defense for any fiscal year as a separate account. Such 
funds shall not be included in the budget accounts for any military 
department.
    ``(2) Amounts appropriated to the Secretary of Defense for the 
purpose of carrying out subsection (e) shall be promptly made available 
to the Administrator of the Federal Emergency Management Agency.
    ``(i) Annual Reports.--(1) Except as provided by paragraph (3), the 
Secretary of Defense shall transmit, by December 15 each year, a report 
to Congress on the activities carried out under this section during the 
fiscal year ending on September 30 of the calendar year in which the 
report is to be made.
    ``(2) Each annual report shall include the following:
            ``(A) A site-by-site description of the construction, 
        equipment, operation, and dismantling of facilities (during the 
        fiscal year for which the report is made) used to carry out the 
        destruction of agents and munitions under this section, 
        including any accidents or other unplanned occurrences 
        associated with such construction and operation.
            ``(B) A site-by-site description of actions taken to assist 
        State and local governments (either directly or through the 
        Federal Emergency Management Agency) in carrying out functions 
        relating to emergency preparedness and response in accordance 
        with subsection (e).
            ``(C) An accounting of all funds expended (during such 
        fiscal year) for activities carried out under this section, with 
        a separate accounting for amounts expended for--
                    ``(i) the construction of and equipment for 
                facilities used for the destruction of agents and 
                munitions;
                    ``(ii) the operation of such facilities;

[[Page 124 STAT. 4416]]

                    ``(iii) the dismantling or other closure of such 
                facilities;
                    ``(iv) research and development;
                    ``(v) program management;
                    ``(vi) travel and associated travel costs for 
                Citizens' Advisory Commissioners under subsection 
                (m)(7); and
                    ``(vii) grants to State and local governments to 
                assist those governments in carrying out functions 
                relating to emergency preparedness and response in 
                accordance with subsection (e).
            ``(D) An assessment of the safety status and the integrity 
        of the stockpile of lethal chemical agents and munitions subject 
        to this section, including--
                    ``(i) an estimate on how much longer that stockpile 
                can continue to be stored safely;
                    ``(ii) a site-by-site assessment of the safety of 
                those agents and munitions; and
                    ``(iii) a description of the steps taken (to the 
                date of the report) to monitor the safety status of the 
                stockpile and to mitigate any further deterioration of 
                that status.

    ``(3) The Secretary shall transmit the final report under paragraph 
(1) not later than 120 days following the completion of activities under 
this section.
    ``(j) Semiannual Reports.--(1) Not later than March 1 and September 
1 each year until the year in which the United States completes the 
destruction of its entire stockpile of chemical weapons under the terms 
of the Chemical Weapons Convention, the Secretary of Defense shall 
submit to the members and committees of Congress referred to in 
paragraph (3) a report on the implementation by the United States of its 
chemical weapons destruction obligations under the Chemical Weapons 
Convention.
    ``(2) Each report under paragraph (1) shall include the following:
            ``(A) The anticipated schedule at the time of such report 
        for the completion of destruction of chemical agents, munitions, 
        and materiel at each chemical weapons demilitarization facility 
        in the United States.
            ``(B) A description of the options and alternatives for 
        accelerating the completion of chemical weapons destruction at 
        each such facility, particularly in time to meet the stockpile 
        elimination deadline.
            ``(C) A description of the funding required to achieve each 
        of the options for destruction described under subparagraph (B), 
        and a detailed life-cycle cost estimate for each of the affected 
        facilities included in each such funding profile.
            ``(D) A description of all actions being taken by the United 
        States to accelerate the destruction of its entire stockpile of 
        chemical weapons, agents, and materiel in order to meet the 
        current stockpile elimination deadline under the Chemical 
        Weapons Convention of April 29, 2012, or as soon thereafter as 
        possible.

    ``(3) The members and committees of Congress referred to in this 
paragraph are--
            ``(A) the majority leader and the minority leader of the 
        Senate and the Committee on Armed Services and the Committee on 
        Appropriations of the Senate; and

[[Page 124 STAT. 4417]]

            ``(B) the Speaker of the House of Representatives, the 
        majority leader and the minority leader of the House of 
        Representatives, and the Committee on Armed Services and the 
        Committee on Appropriations of the House of Representatives.

    ``(k) Authorized Use of Toxic Chemicals.--Consistent with United 
States obligations under the Chemical Weapons Convention, the Secretary 
of Defense may develop, produce, otherwise acquire, retain, transfer, 
and use toxic chemicals and their precursors for purposes not prohibited 
by the Chemical Weapons Convention if the types and quantities of such 
chemicals and precursors are consistent with such purposes, including 
for protective purposes such as protection against toxic chemicals and 
protection against chemical weapons.
    ``(l) Surveillance and Assessment Program.--The Secretary of Defense 
shall conduct an ongoing comprehensive program of--
            ``(1) surveillance of the existing United States stockpile 
        of chemical weapons; and
            ``(2) assessment of the condition of the stockpile.

    ``(m) Chemical Demilitarization Citizens' Advisory Commissions.--
(1)(A) The Secretary <<NOTE: Establishment.>>  of the Army shall 
establish a citizens' commission for each State in which there is a 
chemical demilitarization facility under Army management.

    ``(B) <<NOTE: Colorado. Kentucky.>>  The Assistant Secretary of 
Defense for Nuclear, Chemical, and Biological Defense Programs shall 
establish a chemical demilitarization citizens' commission in Colorado 
and in Kentucky.

    ``(C) Each commission under this subsection shall be known as the 
`Chemical Demilitarization Citizens' Advisory Commission' for the State 
concerned.
    ``(2)(A) The Secretary of the Army, or the Department of Defense 
with respect to Colorado and Kentucky, shall provide for a 
representative to meet with each commission established under this 
subsection to receive citizen and State concerns regarding the ongoing 
program for the disposal of the lethal chemical agents and munitions in 
the stockpile referred to in subsection (a) at each of the sites with 
respect to which a commission is established pursuant to paragraph (1).
    ``(B) The Secretary of the Army shall provide for a representative 
from the Office of the Assistant Secretary of the Army (Acquisition, 
Logistics, and Technology) to meet with each commission under Army 
management.
    ``(C) The Department of Defense shall provide for a representative 
from the Office of the Assistant Secretary of Defense for Nuclear, 
Chemical, and Biological Defense Programs to meet with the commissions 
in Colorado and Kentucky.
    ``(3)(A) Each commission under this subsection shall be composed of 
nine members appointed by the Governor of the State. Seven of such 
members shall be citizens from the local affected areas in the State. 
The other two shall be representatives of State government who have 
direct responsibilities related to the chemical demilitarization 
program.
    ``(B) For purposes of this paragraph, affected areas are those areas 
located within a 50-mile radius of a chemical weapons storage site.
    ``(4) <<NOTE: Time period.>>  For a period of five years after the 
termination of any commission under this subsection, no corporation, 
partnership, or other organization in which a member of that commission, 
a spouse of a member of that commission, or a natural or adopted child

[[Page 124 STAT. 4418]]

of a member of that commission has an ownership interest may be 
awarded--
            ``(A) a contract related to the disposal of lethal chemical 
        agents or munitions in the stockpile referred to in subsection 
        (a); or
            ``(B) a subcontract under such a contract.

    ``(5) The members of each commission under this subsection shall 
designate the chair of such commission from among the members of such 
commission.
    ``(6) Each commission under this subsection shall meet with a 
representative from the Army, or the Office of the Assistant Secretary 
of Defense for Nuclear, Chemical, and Biological Defense Programs with 
respect to the commissions in Colorado and Kentucky, upon joint 
agreement between the chair of such commission and that representative. 
The two parties shall meet not less often than twice a year and may meet 
more often at their discretion.
    ``(7) Members of each commission under this subsection shall receive 
no pay for their involvement in the activities of their commissions. 
Funds appropriated for the Chemical Stockpile Demilitarization Program 
may be used for travel and associated travel costs for commissioners of 
commissions under this subsection when such travel is conducted at the 
invitation of the Assistant Secretary of the Army (Acquisition, 
Logistics, and Technology) or the invitation of the Assistant Secretary 
of Defense for Nuclear, Chemical, and Biological Defense Programs for 
the commissions in Colorado and Kentucky.
    ``(8) <<NOTE: Termination.>>  Each commission under this subsection 
shall be terminated after the closure activities required pursuant to 
regulations prescribed by the Administrator of the Environmental 
Protection Agency pursuant to the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.) have been completed for the chemical agent destruction 
facility in such commission's State, or upon the request of the Governor 
of such commission's State, whichever occurs first.

    ``(n) Incentive Clauses in Chemical Demilitarization Contracts.--
(1)(A) The Secretary of Defense may, for the purpose specified in 
paragraph (B), authorize the inclusion of an incentives clause in any 
contract for the destruction of the United States stockpile of lethal 
chemical agents and munitions carried out pursuant to subsection (a).
    ``(B) The purpose of a clause referred to in subparagraph (A) is to 
provide the contractor for a chemical demilitarization facility an 
incentive to accelerate the safe elimination of the United States 
chemical weapons stockpile and to reduce the total cost of the Chemical 
Demilitarization Program by providing incentive payments for the early 
completion of destruction operations and the closure of such facility.
    ``(2)(A) An incentives clause under this subsection shall permit the 
contractor for the chemical demilitarization facility concerned the 
opportunity to earn incentive payments for the completion of destruction 
operations and facility closure activities within target incentive 
ranges specified in such clause.
    ``(B) The maximum incentive payment under an incentives clause with 
respect to a chemical demilitarization facility may not exceed the 
following amounts:
            ``(i) In the case of an incentive payment for the completion 
        of destruction operations within the target incentive range 
        specified in such clause, $110,000,000.

[[Page 124 STAT. 4419]]

            ``(ii) In the case of an incentive payment for the 
        completion of facility closure activities within the target 
        incentive range specified in such clause, $55,000,000.

    ``(C) An incentives clause in a contract under this section shall 
specify the target incentive ranges of costs for completion of 
destruction operations and facility closure activities, respectively, as 
jointly agreed upon by the contracting officer and the contractor 
concerned. An incentives clause shall require a proportionate reduction 
in the maximum incentive payment amounts in the event that the 
contractor exceeds an agreed-upon target cost if such excess costs are 
the responsibility of the contractor.
    ``(D) The amount of the incentive payment earned by a contractor for 
a chemical demilitarization facility under an incentives clause under 
this subsection shall be based upon a determination by the Secretary on 
how early in the target incentive range specified in such clause 
destruction operations or facility closure activities, as the case may 
be, are completed.
    ``(E) The provisions of any incentives clause under this subsection 
shall be consistent with the obligation of the Secretary of Defense 
under subsection (d)(1)(A), to provide for maximum protection for the 
environment, the general public, and the personnel who are involved in 
the destruction of the lethal chemical agents and munitions.
    ``(F) In negotiating the inclusion of an incentives clause in a 
contract under this subsection, the Secretary may include in such clause 
such additional terms and conditions as the Secretary considers 
appropriate.
    ``(3)(A) No payment may be made under an incentives clause under 
this subsection unless the Secretary determines that the contractor 
concerned has satisfactorily performed its duties under such incentives 
clause.
    ``(B) An incentives clause under this subsection shall specify that 
the obligation of the Government to make payment under such incentives 
clause is subject to the availability of appropriations for that 
purpose. Amounts appropriated for Chemical Agents and Munitions 
Destruction, Defense, shall be available for payments under incentives 
clauses under this subsection.
    ``(o) Definitions.--In this section:
            ``(1) The term `chemical agent and munition' means an agent 
        or munition that, through its chemical properties, produces 
        lethal or other damaging effects on human beings, except that 
        such term does not include riot control agents, chemical 
        herbicides, smoke and other obscuration materials.
            ``(2) The term `Chemical Weapons Convention' means the 
        Convention on the Prohibition of Development, Production, 
        Stockpiling and Use of Chemical Weapons and on Their 
        Destruction, with annexes, done at Paris, January 13, 1993, and 
        entered into force April 29, 1997 (T. Doc. 103-21).
            ``(3) The term `lethal chemical agent and munition' means a 
        chemical agent or munition that is designed to cause death, 
        through its chemical properties, to human beings in field 
        concentrations.
            ``(4) The term `destruction' means, with respect to chemical 
        munitions or agents--
                    ``(A) the demolishment of such munitions or agents 
                by incineration or by any other means; or

[[Page 124 STAT. 4420]]

                    ``(B) the dismantling or other disposal of such 
                munitions or agents so as to make them useless for 
                military purposes and harmless to human beings under 
                normal circumstances.''.

    (b) Repeal of Laws Restated in Section 1412 and Obsolete Provisions 
of Law.--The following provisions of law are repealed:
            (1) Section 125 of the National Defense Authorization Act 
        for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 
        1043; 50 U.S.C. 1521 note).
            (2) Sections 172, 174, 175, and 180 of the National Defense 
        Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 
        Stat. 2341; 50 U.S.C. 1521 note).
            (3) Section 152 of the National Defense Authorization Act 
        for Fiscal Year 1996 (50 U.S.C. 1521 note).
            (4) Section 8065 of the Omnibus Consolidated Appropriations 
        Act, 1997 (50 U.S.C. 1521 note).
            (5) Section 142 of the Strom Thurmond National Defense 
        Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note).
            (6) Section 141 of the National Defense Authorization Act 
        for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 537; 50 
        U.S.C. 1521 note).
            (7) Section 8122 of the Department of Defense Appropriations 
        Act, 2003 (Public Law 107-248; 116 Stat. 1566; 50 U.S.C. 1521 
        note).
            (8) Section 923 of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
        Stat. 2360; 50 U.S.C. 1521 note).
            (9) Section 8119 of the Department of Defense Appropriations 
        Act, 2008 (Public Law 110-116; 121 Stat. 1340; 50 U.S.C. 1521 
        note).
            (10) Section 922(c) of the National Defense Authorization 
        Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 283; 50 
        U.S.C. 1521 note).

                        Subtitle D--Other Matters

SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
                          RETIREMENT HOME.

    There is hereby authorized to be appropriated for fiscal year 2011 
from the Armed Forces Retirement Home Trust Fund the sum of $71,200,000 
for the operation of the Armed Forces Retirement Home.
SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF 
                          DEFENSE-DEPARTMENT OF VETERANS AFFAIRS 
                          MEDICAL FACILITY DEMONSTRATION FUND FOR 
                          CAPTAIN JAMES A. LOVELL HEALTH CARE 
                          CENTER, ILLINOIS.

    (a) Authority for Transfer of Funds.--Of the funds authorized to be 
appropriated by section 1409 and available for the Defense Health 
Program for operation and maintenance, $132,000,000 may be transferred 
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund 
established by subsection (a)(1) of section 1704 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2571). For purposes of subsection (a)(2) of such section 1704, any funds 
so transferred shall be treated

[[Page 124 STAT. 4421]]

as amounts authorized and appropriated for the Department of Defense 
specifically for such transfer.
    (b) Use of Transferred Funds.--For purposes of subsection (b) of 
such section 1704, facility operations for which funds transferred under 
subsection (a) may be used are operations of the Captain James A. Lovell 
Federal Health Care Center, consisting of the North Chicago Veterans 
Affairs Medical Center, the Navy Ambulatory Care Center, and supporting 
facilities designated as a combined Federal medical facility under an 
operational agreement pursuant to section 706 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 455).

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

         Subtitle A--Authorization of Additional Appropriations

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Navy and Marine Corps procurement.
Sec. 1505. Air Force procurement.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. National Guard and Reserve equipment.
Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Military personnel.
Sec. 1512. Working capital funds.
Sec. 1513. Defense Health Program.
Sec. 1514. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1515. Defense Inspector General.

                      Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.

                Subtitle C--Limitations and Other Matters

Sec. 1531. Limitations on availability of funds in Afghanistan Security 
           Forces Fund.
Sec. 1532. Limitations on availability of funds in Iraq Security Forces 
           Fund.
Sec. 1533. Continuation of prohibition on use of United States funds for 
           certain facilities projects in Iraq.
Sec. 1534. Joint Improvised Explosive Device Defeat Fund.
Sec. 1535. Task Force for Business and Stability Operations in 
           Afghanistan and economic transition plan and economic 
           strategy for Afghanistan.

         Subtitle A--Authorization of Additional Appropriations

SEC. 1501. PURPOSE.

    The purpose of this subtitle is to authorize appropriations for the 
Department of Defense for fiscal year 2011 to provide additional funds 
for overseas contingency operations being carried out by the Armed 
Forces.
SEC. 1502. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for procurement accounts of the Army in amounts as follows:

[[Page 124 STAT. 4422]]

            (1) For aircraft procurement, $1,373,803,000.
            (2) For missile procurement, $343,828,000.
            (3) For weapons and tracked combat vehicles procurement, 
        $687,500,000.
            (4) For ammunition procurement, $384,441,000.
            (5) For other procurement, $5,827,274,000.
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the Joint Improvised Explosive Device Defeat Fund in the amount of 
$3,465,868,000.
SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for procurement accounts of the Navy and Marine Corps in amounts as 
follows:
            (1) For aircraft procurement, Navy, $420,358,000.
            (2) For weapons procurement, Navy, $93,425,000.
            (3) For ammunition procurement, Navy and Marine Corps, 
        $565,084,000.
            (4) For other procurement, Navy, $480,735,000.
            (5) For procurement, Marine Corps, $1,705,069,000.
SEC. 1505. AIR FORCE PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for procurement accounts of the Air Force in amounts as follows:
            (1) For aircraft procurement, $1,096,520,000.
            (2) For ammunition procurement, $292,959,000.
            (3) For missile procurement, $56,621,000.
            (4) For other procurement, $2,992,681,000.
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the procurement account for Defense-wide activities in the amount of 
$844,546,000.
SEC. 1507. NATIONAL GUARD AND RESERVE EQUIPMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the procurement of aircraft, missiles, wheeled and tracked combat 
vehicles, tactical wheeled vehicles, ammunition, other weapons, and 
other procurement for the reserve components of the Armed Forces in the 
amount of $700,000,000.
SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the Mine Resistant Ambush Protected Vehicle Fund in the amount of 
$3,415,000,000.
SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Department of Defense for research, development, 
test, and evaluation as follows:
            (1) For the Army, $150,906,000.
            (2) For the Navy, $60,401,000.
            (3) For the Air Force, $266,241,000.
            (4) For Defense-wide activities, $661,240,000.

[[Page 124 STAT. 4423]]

SEC. 1510. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Armed Forces for expenses, not otherwise provided 
for, for operation and maintenance, in amounts as follows:
            (1) For the Army, $63,202,618,000.
            (2) For the Navy, $8,692,173,000.
            (3) For the Marine Corps, $4,136,522,000.
            (4) For the Air Force, $13,487,283,000
            (5) For Defense-wide activities, $9,436,358,000.
            (6) For the Army Reserve, $286,950,000.
            (7) For the Navy Reserve, $93,559,000.
            (8) For the Marine Corps Reserve, $29,685,000.
            (9) For the Air Force Reserve, $129,607,000.
            (10) For the Army National Guard, $544,349,000.
            (11) For the Air National Guard, $350,823,000.
            (12) For the Afghanistan Security Forces Fund, 
        $11,619,283,000.
            (13) For the Iraq Security Forces Fund, $1,500,000,000.
            (14) For the Overseas Contingency Operations Transfer Fund, 
        $506,781,000.
SEC. 1511. MILITARY PERSONNEL.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the Department of Defense for military personnel in the amount of 
$15,275,502,000.
SEC. 1512. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2011 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for providing capital for working capital and 
revolving funds in the amount of $485,384,000.
SEC. 1513. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2011 for expenses, not otherwise provided for, 
for the Defense Health Program in the amount of $1,398,092,000 for 
operation and maintenance.
SEC. 1514. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
                          WIDE.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2011 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide in the 
amount of $457,110,000.
SEC. 1515. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2011 for expenses, not otherwise provided for, 
for the Office of the Inspector General of the Department of Defense in 
the amount of $10,529,000.

                      Subtitle B--Financial Matters

SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are in 
addition to amounts otherwise authorized to be appropriated by this Act.

[[Page 124 STAT. 4424]]

SEC. 1522. SPECIAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this title for fiscal 
        year 2011 between any such authorizations for that fiscal year 
        (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--The total amount of authorizations that the 
        Secretary may transfer under the authority of this subsection 
        may not exceed $4,000,000,000.

    (b) Terms and Conditions.--Transfers under this section shall be 
subject to the same terms and conditions as transfers under section 
1001.
    (c) Additional Authority.--The transfer authority provided by this 
section is in addition to the transfer authority provided under section 
1001.

                Subtitle C--Limitations and Other Matters

SEC. 1531. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN 
                          SECURITY FORCES FUND.

    (a) Application of Existing Limitations.--Funds made available to 
the Department of Defense for the Afghanistan Security Forces Fund for 
fiscal year 2011 shall be subject to the conditions contained in 
subsections (b) through (g) of section 1513 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
428), as amended by subsection (b) of this section.
    (b) Modification of Prior Notice and Reporting Requirements.--
Section 1513 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 428) is amended--
            (1) in subsection (e), by striking ``five days'' and 
        inserting ``15 days''; and
            (2) in subsection (g), by adding at the end the following 
        new sentence: ``The Secretary may treat a report submitted under 
        section 9010 of the Department of Defense Appropriations Act, 
        2010 (Public Law 111-118; 123 Stat. 3466), or a successor 
        provision of law, with respect to a fiscal-year quarter as 
        satisfying the requirements for a report under this subsection 
        for that fiscal-year quarter.''.
SEC. 1532. LIMITATIONS ON AVAILABILITY OF FUNDS IN IRAQ SECURITY 
                          FORCES FUND.

    (a) Application of Existing Limitations.--Subject to subsection (b), 
funds made available to the Department of Defense for the Iraq Security 
Forces Fund for fiscal year 2011 shall be subject to the conditions 
contained in subsections (b) through (g) of section 1512 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 426), as amended by subsection (d) of this section.
    (b) Cost-share Requirement.--

[[Page 124 STAT. 4425]]

            (1) Requirement.--If funds made available to the Department 
        of Defense for the Iraq Security Forces Fund for fiscal year 
        2011 are used for the purchase of any item or service for Iraq 
        Security Forces, the funds may not cover more than 80 percent of 
        the cost of the item or service.
            (2) Exception.--Paragraph (1) does not apply to any item 
        that the Secretary of Defense determines--
                    (A) is an item of significant military equipment (as 
                such term is defined in section 47(9) of the Arms Export 
                Control Act (22 U.S.C. 2794(9))); or
                    (B) is included on the United States Munitions List, 
                as designated pursuant to section 38(a)(1) of the Arms 
                Export Control Act (22 U.S.C. 2778(a)(1)).

    (c) Limitation on Obligation of Funds Pending Certain Commitment by 
Government of Iraq.--
            (1) <<NOTE: Certification.>>  Limitation.--Of the amount 
        available to the Iraq Security Forces Fund as described in 
        subsection (a), not more than $1,000,000,000 may be obligated 
        until the Secretary of Defense certifies to Congress that the 
        Government of Iraq has demonstrated a commitment to each of the 
        following:
                    (A) To adequately build the logistics and 
                maintenance capacity of the Iraqi security forces.
                    (B) To develop the institutional capacity to manage 
                such forces independently.
                    (C) To develop a culture of sustainment for 
                equipment provided by the United States or acquired with 
                United States assistance.
            (2) Basis for certification.--The certification of the 
        Secretary under paragraph (1) shall include a description of the 
        actions taken by the Government of Iraq that, in the 
        determination of the Secretary, support the certification.

    (d) Modification of Prior Notice and Reporting Requirements.--
Section 1512 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 426) is amended--
            (1) in subsection (e), by striking ``five days'' and 
        inserting ``15 days''; and
            (2) in subsection (g), by adding at the end the following 
        new sentence: ``The Secretary may treat a report submitted under 
        section 9010 of the Department of Defense Appropriations Act, 
        2010 (Public Law 111-118; 123 Stat. 3466), or a successor 
        provision of law, with respect to a fiscal-year quarter as 
        satisfying the requirements for a report under this subsection 
        for that fiscal-year quarter.''.
SEC. 1533. CONTINUATION OF PROHIBITION ON USE OF UNITED STATES 
                          FUNDS FOR CERTAIN FACILITIES PROJECTS IN 
                          IRAQ.

    Section <<NOTE: Applicability.>>  1508(a) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4651) shall apply to funds authorized to be appropriated 
by this title.
SEC. 1534. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    (a) <<NOTE: Applicability.>>  Use and Transfer of Funds.--
Subsections (b) and (c) of section 1514 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2439), as in effect before the amendments made by section 1503 of 
the

[[Page 124 STAT. 4426]]

Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4649), shall apply to the funds made 
available to the Department of Defense for the Joint Improvised 
Explosive Device Defeat Fund for fiscal year 2011.

    (b) Monthly Obligations and Expenditure Reports.--
            (1) Reports required.--Not later than 15 days after the end 
        of each month of fiscal year 2011, the Secretary of Defense 
        shall provide to the congressional defense committees a report 
        on the Joint Improvised Explosive Device Defeat Fund explaining 
        monthly commitments, obligations, and expenditures by line of 
        action.
            (2) Repeal of superseded reporting requirement.--Section 
        1514 of the John Warner National Defense Authorization Act for 
        Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) is amended 
        by striking subsection (e).
SEC. 1535. TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS IN 
                          AFGHANISTAN AND ECONOMIC TRANSITION PLAN 
                          AND ECONOMIC STRATEGY FOR AFGHANISTAN.

    (a) Projects of Task Force for Business and Stability Operations in 
Afghanistan.--
            (1) In general.--The Task Force for Business and Stability 
        Operations in Afghanistan may carry out projects to assist the 
        commander of United States Forces-Afghanistan and the Ambassador 
        of the United States Mission in Afghanistan to reduce violence, 
        enhance stability, and support economic normalcy in Afghanistan 
        through strategic business and economic activities.
            (2) Direction, control, and concurrence.--A project carried 
        out under paragraph (1) shall be subject to--
                    (A) the direction and control of the Secretary of 
                Defense; and
                    (B) the concurrence of the Secretary of State.
            (3) Scope of projects.--The projects carried out under 
        paragraph (1) may include projects that facilitate private 
        investment, industrial development, banking and financial system 
        development, agricultural diversification and revitalization, 
        and energy development in and with respect to Afghanistan.
            (4) Funding.--The Secretary may use funds available for 
        overseas contingency operations for operation and maintenance 
        for the Army for additional activities to carry out projects 
        under paragraph (1). The amount of funds used under authority in 
        the preceding sentence may not exceed $150,000,000.
            (5) Prohibition on use of certain funds.--Funds provided for 
        the Commanders' Emergency Response Program may not be utilized 
        to support or carry out projects of the Task Force for Business 
        and Stability Operations.
            (6) Report.--Not later than October 31, 2011, the Secretary 
        of Defense shall submit to the appropriate congressional 
        committees a report describing--
                    (A) the activities of the Task Force for Business 
                and Stability Operations in Afghanistan in support of 
                Operation Enduring Freedom during fiscal year 2011, 
                including the projects carried out under paragraph (1) 
                during that fiscal year; and

[[Page 124 STAT. 4427]]

                    (B) how the activities of the Task Force for 
                Business and Stability Operations in Afghanistan support 
                the long-term stabilization of Afghanistan.
            (7) Expiration of authority.--The authority provided in 
        paragraph (1) shall expire on September 30, 2011.

    (b) Plan for Transition of Task Force Activities to Agency for 
International Development.--
            (1) Plan required.--The Secretary of Defense, the 
        Administrator of the Agency for International Development, and 
        the Secretary of State shall jointly develop a plan to 
        transition the activities of the Task Force for Business and 
        Stability Operations in Afghanistan to the Department of State.
            (2) Elements of plan.--The plan shall describe at a minimum 
        the following:
                    (A) The activities carried out by the Task Force for 
                Business and Stability Operations in Afghanistan in 
                fiscal year 2011.
                    (B) Those activities that the Task Force for 
                Business and Stability Operations in Afghanistan carried 
                out in fiscal year 2011 that the Agency for 
                International Development will continue in fiscal year 
                2012, including those activities that, rather than 
                explicitly continued, may be merged with similar efforts 
                carried out by the Agency for International Development.
                    (C) Any activities carried out by the Task Force for 
                Business and Stability Operations in Afghanistan in 
                fiscal year 2011 that the Agency for International 
                Development will not continue and the reasons that such 
                activities shall not be continued.
                    (D) Those actions that may be necessary to 
                transition activities carried out by the Task Force for 
                Business and Stability Operations in Afghanistan in 
                fiscal year 2011 and that will be continued by the 
                Agency for International Development in fiscal year 2012 
                from the Department of Defense to the Agency for 
                International Development.
            (3) Report required.--At the same time that the budget of 
        the President is submitted to Congress under section 1105(a) of 
        title 31, United States Code, for fiscal year 2012, the 
        Secretary of Defense shall submit the plan to the appropriate 
        congressional committees.

    (c) Report on Economic Strategy for Afghanistan.--
            (1) <<NOTE: President.>>  Report required.--Not later than 
        180 days after the date of the enactment of this Act, the 
        President, acting through the Secretary of State and the 
        Secretary of Defense, shall submit to the appropriate 
        congressional committees a report on an economic strategy for 
        Afghanistan that--
                    (A) supports the United States counterinsurgency 
                campaign in Afghanistan;
                    (B) promotes economic stabilization in Afghanistan, 
                consistent with a longer-term development plan for 
                Afghanistan; and
                    (C) enhances the establishment of sustainable 
                institutions in Afghanistan.
            (2) Elements.--The report shall include the following:
                    (A) An identification of the sectors within the 
                Afghanistan economy that offer the greatest economic 
                opportunities

[[Page 124 STAT. 4428]]

                to support the purposes of the economic strategy for 
                Afghanistan set forth under paragraph (1).
                    (B) An assessment of the capabilities of the 
                Government of Afghanistan to increase revenue generation 
                to meet its own operational and developmental costs in 
                the short-term, medium-term, and long-term.
                    (C) An assessment of the infrastructure (water, 
                power, rail, road) required to underpin economic 
                development in Afghanistan.
                    (D) A description of the potential role in the 
                economic strategy for Afghanistan of each of the 
                following:
                          (i) Private sector investment, including 
                      investment by and through the Overseas Private 
                      Investment Corporation.
                          (ii) Efforts to promote public-private 
                      partnerships.
                          (iii) National Priority Programs of the 
                      Government of Afghanistan, including the 
                      Afghanistan National Solidarity Program, and 
                      public works projects.
                          (iv) International financial institutions, 
                      including the International Bank for 
                      Reconstruction and Development and the Asian 
                      Development Bank.
                          (v) Efforts to promote trade, including 
                      efforts by and through the Export-Import Bank of 
                      the United States.
                          (vi) Department of Defense policies to promote 
                      economic stabilization and development, including 
                      the Afghanistan First procurement policy and 
                      efforts by the Department to enhance 
                      transportation, electrification, and 
                      communications networks both within Afghanistan 
                      and between Afghanistan and neighboring countries.
                    (E) An evaluation of the regional dimension of an 
                economic strategy for Afghanistan, including a 
                description of economic areas suitable for regional 
                collaboration and a prioritization among such areas for 
                attention under the strategy.
                    (F) A timeline and milestones for activities that 
                can promote economic stabilization, development, and 
                sustainability in Afghanistan in the short-term, medium-
                term, and long-term.
                    (G) Metrics for assessing progress under the 
                economic strategy for Afghanistan.

    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committees on Armed Services, Foreign Relations, and 
        Appropriations of the Senate; and
            (2) the Committees on Armed Services, Foreign Affairs, and 
        Appropriations of the House of Representatives.

[[Page 124 STAT. 4429]]

TITLE XVI--IMPROVED SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED 
                                 FORCES

Sec. 1601. Definition of Department of Defense sexual assault prevention 
           and response program and other definitions.
Sec. 1602. Comprehensive Department of Defense policy on sexual assault 
           prevention and response program.

 Subtitle A--Organizational Structure and Application of Sexual Assault 
                Prevention and Response Program Elements

Sec. 1611. Sexual Assault Prevention and Response Office.
Sec. 1612. Oversight and evaluation standards.
Sec. 1613. Report and plan for completion of acquisition of centralized 
           Department of Defense sexual assault database.
Sec. 1614. Restricted reporting of sexual assaults.

       Subtitle B--Improved and Expanded Availability of Services

Sec. 1621. Improved protocols for providing medical care for victims of 
           sexual assault.
Sec. 1622. Sexual assault victims access to Victim Advocate services.

                   Subtitle C--Reporting Requirements

Sec. 1631. Annual report regarding sexual assaults involving members of 
           the Armed Forces and improvement to sexual assault prevention 
           and response program.
Sec. 1632. Additional reports.

SEC. 1601. <<NOTE: 10 USC 1561 note.>>  DEFINITION OF DEPARTMENT 
                          OF DEFENSE SEXUAL ASSAULT PREVENTION AND 
                          RESPONSE PROGRAM AND OTHER DEFINITIONS.

    (a) Sexual Assault Prevention and Response Program Defined.--In this 
title, the term ``sexual assault prevention and response program'' 
refers to Department of Defense policies and programs, including 
policies and programs of a specific military department or Armed Force, 
that, as modified as required by this title--
            (1) are intended to reduce the number of sexual assaults 
        involving members of the Armed Forces, whether members are the 
        victim, alleged assailant, or both; and
            (2) improve the response of the Department of Defense, the 
        military departments, and the Armed Forces to reports of sexual 
        assaults involving members of the Armed Forces, whether members 
        are the victim, alleged assailant, or both, and to reports of 
        sexual assaults when a covered beneficiary under chapter 55 of 
        title 10, United States Code, is the victim.

    (b) Other Definitions.--In this title:
            (1) The term ``Armed Forces'' means the Army, Navy, Air 
        Force, and Marine Corps.
            (2) The terms ``covered beneficiary'' and ``dependent'' have 
        the meanings given those terms in section 1072 of title 10, 
        United States Code.
            (3) The term ``department'' has the meaning given that term 
        in section 101(a)(6) of title 10, United States Code.
             (4) The term ``military installation'' has the meaning 
        given that term by the Secretary concerned.
            (5) The term ``Secretary concerned'' means--
                    (A) the Secretary of the Army, with respect to 
                matters concerning the Army;

[[Page 124 STAT. 4430]]

                    (B) the Secretary of the Navy, with respect to 
                matters concerning the Navy and the Marine Corps; and
                    (C) the Secretary of the Air Force, with respect to 
                matters concerning the Air Force.
            (6) The term ``sexual assault'' has the definition developed 
        for that term by the Secretary of Defense pursuant to subsection 
        (a)(3) of section 577 of the Ronald W. Reagan National Defense 
        Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10 
        U.S.C. 113 note), subject to such modifications as the Secretary 
        considers appropriate.
SEC. 1602. <<NOTE: 10 USC 1561 note.>>  COMPREHENSIVE DEPARTMENT 
                          OF DEFENSE POLICY ON SEXUAL ASSAULT 
                          PREVENTION AND RESPONSE PROGRAM.

    (a) <<NOTE: Deadline.>>  Comprehensive Policy Required.--Not later 
than March 30, 2012, the Secretary of Defense shall submit to the 
congressional defense committees a revised comprehensive policy for the 
Department of Defense sexual assault prevention and response program 
that--
            (1) builds upon the comprehensive sexual assault prevention 
        and response policy developed under subsections (a) and (b) of 
        section 577 of the Ronald W. Reagan National Defense 
        Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10 
        U.S.C. 113 note);
            (2) incorporates into the sexual assault prevention and 
        response program the new requirements identified by this title; 
        and
            (3) ensures that the policies and procedures of the military 
        departments regarding sexual assault prevention and response are 
        consistent with the revised comprehensive policy.

    (b) Consideration of Task Force Findings, Recommendations, and 
Practices.--In developing the comprehensive policy required by 
subsection (a), the Secretary of Defense shall take into account the 
findings and recommendations found in the report of the Defense Task 
Force on Sexual Assault in the Military Services issued in December 
2009.
    (c) Sexual Assault Prevention and Response Evaluation Plan.--
            (1) Plan required.--The Secretary of Defense shall develop 
        and implement an evaluation plan for assessing the effectiveness 
        of the comprehensive policy prepared under subsection (a) in 
        achieving its intended outcomes at the department and individual 
        Armed Force levels.
            (2) Role of service secretaries.--As a component of the 
        evaluation plan, the Secretary of each military department shall 
        assess the adequacy of measures undertaken at military 
        installations and by units of the Armed Forces under the 
        jurisdiction of the Secretary to ensure the safest and most 
        secure living and working environments with regard to preventing 
        sexual assault.

    (d) Progress Report.--Not later than October 1, 2011, the Secretary 
of Defense shall submit to the congressional defense committees a 
report--
            (1) describing the process by which the comprehensive policy 
        required by subsection (a) is being revised;

[[Page 124 STAT. 4431]]

            (2) describing the extent to which revisions of the 
        comprehensive policy and the evaluation plan required by 
        subsection (c) have already been implemented; and
            (3) containing a determination by the Secretary regarding 
        whether the Secretary will be able to comply with the revision 
        deadline specified in subsection (a).

    (e) Consistency of Terminology, Position Descriptions, Program 
Standards, and Organizational Structures.--
            (1) <<NOTE: Requirement.>>  In general.--The Secretary of 
        Defense shall require the use of consistent terminology, 
        position descriptions, minimum program standards, and 
        organizational structures throughout the Armed Forces in 
        implementing the sexual assault prevention and response program.
            (2) Minimum standards.--The Secretary of Defense shall 
        establish minimum standards for--
                    (A) the training, qualifications, and status of 
                Sexual Assault Response Coordinators and Sexual Assault 
                Victim Advocates for the Armed Forces; and
                    (B) the curricula to be used to provide sexual 
                assault prevention and response training and education 
                for members of the Armed Forces and civilian employees 
                of the department to strengthen individual knowledge, 
                skills, and capacity to prevent and respond to sexual 
                assault.
            (3) Recognizing operational differences.--In complying with 
        this subsection, the Secretary of Defense shall take into 
        account the responsibilities of the Secretary concerned and 
        operational needs of the Armed Force involved.

 Subtitle A--Organizational Structure and Application of Sexual Assault 
                Prevention and Response Program Elements

SEC. 1611. <<NOTE: 10 USC 1561 note.>>  SEXUAL ASSAULT PREVENTION 
                          AND RESPONSE OFFICE.

    (a) Appointment of Director.--There shall be a Director of the 
Sexual Assault Prevention and Response Office. During the development 
and implementation of the comprehensive policy for the Department of 
Defense sexual assault prevention and response program, the Director 
shall operate under the oversight of the Advisory Working Group of the 
Deputy Secretary of Defense.
    (b) Duties of Director.--The Director of the Sexual Assault 
Prevention and Response Office shall--
            (1) oversee implementation of the comprehensive policy for 
        the Department of Defense sexual assault prevention and response 
        program;
            (2) serve as the single point of authority, accountability, 
        and oversight for the sexual assault prevention and response 
        program; and
            (3) provide oversight to ensure that the military 
        departments comply with the sexual assault prevention and 
        response program.

    (c) Role of Inspectors General.--
            (1) In general.--The Inspector General of the Department of 
        Defense, the Inspector General of the Army, the Naval Inspector 
        General, and the Inspector General of the Air Force shall treat 
        the sexual assault prevention and response program

[[Page 124 STAT. 4432]]

        as an item of special interest when conducting inspections of 
        organizations and activities with responsibilities regarding the 
        prevention and response to sexual assault.
            (2) Composition of investigation teams.--The Inspector 
        General inspection teams shall include at least one member with 
        expertise and knowledge of sexual assault prevention and 
        response policies related to a specific Armed Force.

    (d) Staff.--
            (1) <<NOTE: Deadline.>>  Assignment.--Not later than 18 
        months after the date of the enactment of this Act, an officer 
        from each of the Armed Forces in the grade of O-4 or above shall 
        be assigned to the Sexual Assault Prevention and Response Office 
        for a minimum tour length of at least 18 months.
            (2) Higher grade.--Notwithstanding paragraph (1), of the 
        four officers assigned to the Sexual Assault Prevention and 
        Response Office under this subsection at any time, one officer 
        shall be in the grade of O-6 or above.
SEC. 1612. <<NOTE: 10 USC 1561 note.>>  OVERSIGHT AND EVALUATION 
                          STANDARDS.

    (a) Issuance of Standards.--The Secretary of Defense shall issue 
standards to assess and evaluate the effectiveness of the sexual assault 
prevention and response program of each Armed Force in reducing the 
number of sexual assaults involving members of the Armed Forces and in 
improving the response of the department to reports of sexual assaults 
involving members of the Armed Forces, whether members of the Armed 
Forces are the victim, alleged assailant, or both.
    (b) Sexual Assault Prevention Evaluation Plan.--The Secretary of 
Defense shall use the sexual assault prevention and response evaluation 
plan developed under section 1602(c) to ensure that the Armed Forces 
implement and comply with assessment and evaluation standards issued 
under subsection (a).
SEC. 1613. <<NOTE: 10 USC 1561 note.>>  REPORT AND PLAN FOR 
                          COMPLETION OF ACQUISITION OF CENTRALIZED 
                          DEPARTMENT OF DEFENSE SEXUAL ASSAULT 
                          DATABASE.

    (a) Report and Plan Required.--Not later than April 1, 2011, the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a report--
            (1) describing the status of development and implementation 
        of the centralized Department of Defense sexual assault database 
        required by section 563 of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
        Stat. 4470; 10 U.S.C. 113 note);
            (2) containing a revised implementation plan under 
        subsection (c) of such section for completing implementation of 
        the database; and
            (3) indicating the date by which the database will be 
        operational.

    (b) Content of Implementation Plan.--The plan referred to in 
subsection (a)(2) shall address acquisition best practices associated 
with successfully acquiring and deploying information technology systems 
related to the centralized sexual assault database, such as economically 
justifying the proposed system solution and effectively developing and 
managing requirements.

[[Page 124 STAT. 4433]]

SEC. 1614. <<NOTE: 10 USC 1561 note.>>  RESTRICTED REPORTING OF 
                          SEXUAL ASSAULTS.

    The Secretary of Defense shall clarify the limitations on the 
ability of a member of the Armed Forces to make a restricted report 
regarding the occurrence of a sexual assault and the circumstances under 
which information contained in a restricted report may no longer be 
confidential.

       Subtitle B--Improved and Expanded Availability of Services

SEC. 1621. <<NOTE: 10 USC 1561 note.>>  IMPROVED PROTOCOLS FOR 
                          PROVIDING MEDICAL CARE FOR VICTIMS OF 
                          SEXUAL ASSAULT.

    The Secretary of Defense shall establish comprehensive and 
consistent protocols for providing and documenting medical care to a 
member of the Armed Forces or covered beneficiary who is a victim of a 
sexual assault, including protocols with respect to the appropriate 
screening, prevention, and mitigation of diseases. In establishing the 
protocols, the Secretary shall take into consideration the gender of the 
victim.
SEC. 1622. SEXUAL ASSAULT VICTIMS ACCESS TO VICTIM ADVOCATE 
                          SERVICES.

    (a) Availability of Victim Advocate Services.--
            (1) Availability.--A member of the Armed Forces or a 
        dependent, as described in paragraph (2), who is the victim of a 
        sexual assault is entitled to assistance provided by a qualified 
        Sexual Assault Victim Advocate.
            (2) Covered dependents.--The assistance described in 
        paragraph (1) is available to a dependent of a member of the 
        Armed Forces who is the victim of a sexual assault and who 
        resides on or in the vicinity of a military installation. The 
        Secretary concerned shall define the term ``vicinity'' for 
        purposes of this paragraph.

    (b) Notice of Availability of Assistance; Opt Out.--The member or 
dependent shall be informed of the availability of assistance under 
subsection (a) as soon as the member or dependent seeks assistance from 
a Sexual Assault Response Coordinator. The victim shall also be informed 
that the services of a Sexual Assault Response Coordinator and Sexual 
Assault Victim Advocate are optional and that these services may be 
declined, in whole or in part, at any time.
    (c) Nature of Reporting Immaterial.--In the case of a member of the 
Armed Forces, Victim Advocate services are available regardless of 
whether the member elects unrestricted or restricted (confidential) 
reporting of the sexual assault.

                   Subtitle C--Reporting Requirements

SEC. 1631. <<NOTE: 10 USC 1561 note.>>  ANNUAL REPORT REGARDING 
                          SEXUAL ASSAULTS INVOLVING MEMBERS OF THE 
                          ARMED FORCES AND IMPROVEMENT TO SEXUAL 
                          ASSAULT PREVENTION AND RESPONSE PROGRAM.

    (a) Annual Reports on Sexual Assaults.--Not later than March 1, 
2012, and each March 1 thereafter through March 1, 2017, the Secretary 
of each military department shall submit to

[[Page 124 STAT. 4434]]

the Secretary of Defense a report on the sexual assaults involving 
members of the Armed Forces under the jurisdiction of that Secretary 
during the preceding year. In the case of the Secretary of the Navy, 
separate reports shall be prepared for the Navy and for the Marine 
Corps.
    (b) Contents.--The report of a Secretary of a military department 
for an Armed Force under subsection (a) shall contain the following:
            (1) The number of sexual assaults committed against members 
        of the Armed Force that were reported to military officials 
        during the year covered by the report, and the number of the 
        cases so reported that were substantiated.
            (2) The number of sexual assaults committed by members of 
        the Armed Force that were reported to military officials during 
        the year covered by the report, and the number of the cases so 
        reported that were substantiated. The information required by 
        this paragraph may not be combined with the information required 
        by paragraph (1).
            (3) A synopsis of each such substantiated case, organized by 
        offense, and, for each such case, the action taken in the case, 
        including the type of disciplinary or administrative sanction 
        imposed, if any, including courts-martial sentences, non-
        judicial punishments administered by commanding officers 
        pursuant to section 815 of title 10, United States Code (article 
        15 of the Uniform Code of Military Justice), and administrative 
        separations.
            (4) The policies, procedures, and processes implemented by 
        the Secretary concerned during the year covered by the report in 
        response to incidents of sexual assault involving members of the 
        Armed Force concerned.
            (5) The number of substantiated sexual assault cases in 
        which the victim is a deployed member of the Armed Forces and 
        the assailant is a foreign national, and the policies, 
        procedures, and processes implemented by the Secretary concerned 
        to monitor the investigative processes and disposition of such 
        cases and any actions taken to eliminate any gaps in 
        investigating and adjudicating such cases.
            (6) A description of the implementation of the accessibility 
        plan implemented pursuant to section 596(b) of such Act, 
        including a description of the steps taken during that year to 
        ensure that trained personnel, appropriate supplies, and 
        transportation resources are accessible to deployed units in 
        order to provide an appropriate and timely response in any case 
        of reported sexual assault in a deployed unit, location, or 
        environment.

    (c) Consistent Definition of Substantiated.--Not later than December 
31, 2011, the Secretary of Defense shall establish a consistent 
definition of ``substantiated'' for purposes of paragraphs (1), (2), 
(3), and (5) of subsection (b) and provide synopses for those cases for 
the preparation of reports under this section.
    (d) Submission to Congress.--Not later than April 30 of each year in 
which the Secretary of Defense receives reports under subsection (a), 
the Secretary of Defense shall forward the reports to the Committees on 
Armed Services of the Senate and House of Representatives, together 
with--
            (1) the results of assessments conducted under the 
        evaluation plan required by section 1602(c); and

[[Page 124 STAT. 4435]]

            (2) such assessments on the reports as the Secretary of 
        Defense considers appropriate.

    (e) Repeal of Superseded Reporting Requirement.--
            (1) Repeal.--Subsection (f) of section 577 of the Ronald W. 
        Reagan National Defense Authorization Act for Fiscal Year 2005 
        (Public Law 108-375; 10 U.S.C. 113 note) is repealed.
            (2) Submission of 2010 report.--The reports required by 
        subsection (f) of section 577 of the Ronald W. Reagan National 
        Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
        375; 10 U.S.C. 113 note) covering calendar year 2010 are still 
        required to be submitted to the Secretary of Defense and the 
        Committees on Armed Services of the Senate and House of 
        Representatives pursuant to the terms of such subsection, as in 
        effect before the date of the enactment of this Act.
SEC. 1632. <<NOTE: Evaluations. 10 USC 1561 note.>>  ADDITIONAL 
                          REPORTS.

    (a) Extension of Sexual Assault Prevention and Response Services to 
Additional Persons.--The Secretary of Defense shall evaluate the 
feasibility of extending department sexual assault prevention and 
response services to Department of Defense civilian employees and 
employees of defense contractors who--
            (1) are victims of a sexual assault; and
            (2) work on or in the vicinity of a military installation or 
        with members of the Armed Forces.

    (b) Extension of Sexual Assault Prevention and Response Program to 
Reserve Components.--The Secretary of Defense shall evaluate the 
application of the sexual assault prevention and response program to 
members of the reserve components, including, at a minimum, the 
following:
            (1) The ability of members of the reserve components to 
        access the services available under the sexual assault 
        prevention and response program, including policies and programs 
        of a specific military department or Armed Force.
            (2) The quality of training provided to Sexual Assault 
        Response Coordinators and Sexual Assault Victim Advocates in the 
        reserve components.
            (3) The degree to which the services available for regular 
        and reserve members under the sexual assault prevention and 
        response program are integrated.
            (4) Such recommendations as the Secretary of Defense 
        considers appropriate on how to improve the services available 
        for reserve members under the sexual assault prevention and 
        response program and their access to the services.

    (c) Copy of Record of Court-martial to Victim of Sexual Assault.--
The Secretary of Defense shall evaluate the feasibility of requiring 
that a copy of the prepared record of the proceedings of a general or 
special court-martial involving a sexual assault be given to the victim 
in cases in which the victim testified during the proceedings.
    (d) Access to Legal Assistance.--The Secretary of Defense shall 
evaluate the feasibility of authorizing members of the Armed Forces who 
are victims of a sexual assault and dependents of members who are 
victims of a sexual assault to receive legal assistance provided by a 
military legal assistance counsel certified as competent to provide 
legal assistance related to responding to sexual assault.

[[Page 124 STAT. 4436]]

    (e) Use of Forensic Medical Examiners.--The Secretary of Defense 
shall evaluate the feasibility of utilizing, when sexual assaults 
involving members of the Armed Forces occur in a military environment 
where civilian resources are limited or unavailable, forensic medical 
examiners who are specially trained regarding the collection and 
preservation of evidence in cases involving sexual assault.
    (f) Submission of Results.--The Secretary of Defense shall submit 
the results of the evaluations required by this section to the 
Committees on Armed Services of the Senate and House of Representatives.

DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year 
2011.>>  B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.

    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2011''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
                          SPECIFIED BY LAW.

    (a) Expiration of Authorizations After Three Years.--Except as 
provided in subsection (b), all authorizations contained in titles XXI 
through XXVII and title XXIX of this division for military construction 
projects, land acquisition, family housing projects and facilities, and 
contributions to the North Atlantic Treaty Organization Security 
Investment Program (and authorizations of appropriations therefor) shall 
expire on the later of--
            (1) October 1, 2013; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2014.

    (b) Exception.--Subsection (a) shall not apply to authorizations for 
military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment Program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2013; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2014 for military construction projects, land 
        acquisition, family housing projects and facilities, and 
        contributions to the North Atlantic Treaty Organization Security 
        Investment Program.
SEC. 2003. FUNDING TABLES.

    (a) In General.--The amounts authorized to be appropriated by 
sections 2104, 2204, 2304, 2403, 2411, 2502, 2606, 2701, and 2703 shall 
be available in the amounts specified in the funding table in section 
3001.
    (b) Overseas Contingency Operations.--The amounts authorized to be 
appropriated by sections 2901, 2902, and 2903 shall be available in the 
amounts specified in the funding table in section 3002.

[[Page 124 STAT. 4437]]

                  TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Use of unobligated Army military construction funds in 
           conjunction with funds provided by the Commonwealth of 
           Virginia to carry out certain fiscal year 2002 project.
Sec. 2106. Modification of authority to carry out certain fiscal year 
           2009 project.
Sec. 2107. Modification of authority to carry out certain fiscal year 
           2010 project.
Sec. 2108. Extension of authorizations of certain fiscal year 2008 
           projects.

SECTION 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                              PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(1), the Secretary 
of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................  Fort Rucker...................................      $69,650,000
Alaska.........................................  Fort Greely...................................      $26,000,000
                                                 Fort Richardson...............................     $113,238,000
                                                 Fort Wainwright...............................     $173,000,000
California.....................................  Presidio Monterey.............................     $140,000,000
Colorado.......................................  Fort Carson...................................     $106,350,000
Florida........................................  Eglin Air Force Base..........................       $6,900,000
                                                 Miami-Dade County.............................      $41,000,000
Georgia........................................  Fort Benning..................................     $145,400,000
                                                 Fort Gordon...................................       $4,150,000
                                                 Fort Stewart..................................     $125,250,000
Hawaii.........................................  Fort Shafter..................................      $81,000,000
                                                 Schofield Barracks............................     $212,000,000
                                                 Tripler Army Medical Center...................      $28,000,000
Kansas.........................................  Fort Leavenworth..............................       $7,100,000
                                                 Fort Riley....................................      $57,100,000
Kentucky.......................................  Fort Campbell.................................     $143,900,000
                                                 Fort Knox.....................................      $18,800,000
Louisiana......................................  Fort Polk.....................................      $63,250,000
Maryland.......................................  Aberdeen Proving Ground.......................      $14,600,000
                                                 Fort Meade....................................      $32,600,000
Missouri.......................................  Fort Leonard Wood.............................     $111,700,000
New Mexico.....................................  White Sands...................................      $29,000,000
New York.......................................  Fort Drum.....................................     $228,800,000
                                                 U.S. Military Academy.........................     $132,324,000
North Carolina.................................  Fort Bragg....................................     $310,900,000
Oklahoma.......................................  Fort Sill.....................................      $13,800,000
                                                 McAlester Army Ammunition Plant...............       $3,000,000
South Carolina.................................  Fort Jackson..................................      $91,000,000
Texas..........................................  Fort Bliss....................................     $149,950,000
                                                 Fort Hood.....................................     $145,050,000
                                                 Fort Sam Houston..............................      $22,200,000
Virginia.......................................  Fort A.P. Hill................................      $93,600,000
                                                 Fort Eustis...................................      $18,000,000
                                                 Fort Lee......................................      $18,400,000

[[Page 124 STAT. 4438]]

 
Washington.....................................  Fort Lewis....................................     $171,800,000
                                                 Yakima Firing Range...........................       $3,750,000
----------------------------------------------------------------------------------------------------------------


    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(2), the Secretary 
of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

                                         Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan....................................  Bagram........................................     $101,500,000
Germany........................................  Ansbach.......................................      $31,800,000
                                                 Grafenwoehr...................................      $75,500,000
                                                 Rhine Ordnance Barracks.......................      $35,000,000
                                                 Sembach Air Base..............................       $9,100,000
                                                 Wiesbaden Air Base............................     $126,500,000
Honduras.......................................  Soto Cano Air Base............................      $20,400,000
Korea..........................................  Camp Walker...................................      $19,500,000
----------------------------------------------------------------------------------------------------------------


SEC. 2102. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 2104(5)(A), 
the Secretary of the Army may construct or acquire family housing units 
(including land acquisition and supporting facilities) at the 
installations or locations, in the number of units, and in the amounts 
set forth in the following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                Country                    Installation or Location              Units                Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................  Fort Wainwright............  110.......................     $21,000,000
Germany................................  Baumholder.................  64........................     $34,329,000
----------------------------------------------------------------------------------------------------------------


    (b) Planning and Design.--Using amounts appropriated pursuant to the 
authorization of appropriations in section 2104(5)(A), the Secretary of 
the Army may carry out architectural and engineering services and 
construction design activities with respect to the construction or 
improvement of family housing units in an amount not to exceed 
$2,040,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(5)(A), the Secretary of the Army may improve existing 
military family housing units in an amount not to exceed $35,000,000.

[[Page 124 STAT. 4439]]

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2010, for military construction, land 
acquisition, and military family housing functions of the Department of 
the Army in the total amount of $4,565,507,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $3,152,562,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $419,300,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $23,000,000.
            (4) For host nation support and architectural and 
        engineering services and construction design under section 2807 
        of title 10, United States Code, $249,636,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $92,369,000.
                    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $518,140,000.
            (6) For the construction of increment 4 of a brigade complex 
        operations support facility at Vicenza, Italy, authorized by 
        section 2101(b) of the Military Construction Authorization Act 
        for Fiscal Year 2008 (division B of Public Law 110-181; 122 
        Stat. 505), $25,000,000.
            (7) For the construction of increment 4 of a brigade complex 
        barracks and community support facility at Vicenza, Italy, 
        authorized by section 2101(b) of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of Public Law 
        110-181; 122 Stat. 505), $26,000,000.
            (8) For the construction of increment 2 of the Command and 
        Battle Center at Wiesbaden, Germany, authorized by section 
        2101(b) of the Military Construction Authorization Act for 
        Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 
        4662), $59,500,000.
SEC. 2105. USE OF UNOBLIGATED ARMY MILITARY CONSTRUCTION FUNDS IN 
                          CONJUNCTION WITH FUNDS PROVIDED BY THE 
                          COMMONWEALTH OF VIRGINIA TO CARRY OUT 
                          CERTAIN FISCAL YEAR 2002 PROJECT.

    (a) Fire Station at Fort Belvoir, Virginia.--Section 2836(d) of the 
Military Construction Authorization Act for Fiscal Year 2002 (division B 
of Public Law 107-107; 115 Stat. 1314), as amended by section 2846 of 
the Military Construction Authorization Act for Fiscal Year 2006 
(division B of Public Law 109-163; 119 Stat. 3527) and section 2849 of 
the Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2486), is further amended--
            (1) in paragraph (2), by inserting ``through a project for 
        construction of an Army standard-design, two-company fire 
        station at Fort Belvoir, Virginia,'' after ``Building 191''; and
            (2) by adding at the end the following new paragraph:

    ``(3) The Secretary may use up to $3,900,000 of available, 
unobligated Army military construction funds appropriated for a fiscal

[[Page 124 STAT. 4440]]

year before fiscal year 2011, in conjunction with the funds provided 
under paragraph (1), for the project described in paragraph (2).''.
    (b) Congressional Notification.--The Secretary of the Army shall 
provide information, in accordance with section 2851(c) of title 10, 
United States Code, regarding the project described in the amendment 
made by subsection (a). If it becomes necessary to exceed the estimated 
project cost of $8,780,000, including $4,880,000 contributed by the 
Commonwealth of Virginia, the Secretary shall utilize the authority 
provided by section 2853 of such title regarding authorized cost and 
scope of work variations.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL 
                          YEAR 2009 PROJECT.

    The table in section 2101(b) of the Military Construction 
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417; 122 Stat. 4661) is amended by striking ``Katterbach'' and inserting 
``Grafenwoehr''.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL 
                          YEAR 2010 PROJECT.

    In the case of the authorization contained in the table in section 
2101(a) of the Military Construction Authorization Act for Fiscal Year 
2010 (division B of Public Law 111-84; 123 Stat. 2628) for Fort Riley, 
Kansas, for construction of a Brigade Complex at the installation, the 
Secretary of the Army may construct up to a 40,100 square-feet brigade 
headquarters consistent with the Army's construction guidelines for 
brigade headquarters.
SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008 
                          PROJECTS.

    (a) Extension.--Notwithstanding section 2002 of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 503), authorizations set forth in the 
table in subsection (b), as provided in section 2101 of that Act (122 
Stat. 504), shall remain in effect until October 1, 2011, or the date of 
the enactment of an Act authorizing funds for military construction for 
fiscal year 2012, whichever is later.
    (b) Table.--The table referred to in subsection (a) is as follows:

                                 Army: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                State                     Installation or Location             Project                Amount
----------------------------------------------------------------------------------------------------------------
Georgia..............................  Fort Stewart                   Unit Operations                $16,000,000
                                                                       Facilities..............
Hawaii...............................  Schofield Barracks             Tactical Vehicle Wash          $10,200,000
                                                                       Facility................
                                       .............................  Barracks Complex-Wheeler       $51,000,000
                                                                       205.....................
Louisiana............................  Fort Polk                      Brigade Headquarters.....       $9,800,000
                                       .............................  Child Care Facility......       $6,100,000
Missouri.............................  Fort Leonard Wood              Multipurpose Machine Gun        $4,150,000
                                                                       Range...................
Oklahoma.............................  Fort Sill                      Multipurpose Machine Gun        $3,300,000
                                                                       Range...................
Washington...........................  Fort Lewis                     Alternative Fuel Facility       $3,300,000
----------------------------------------------------------------------------------------------------------------



[[Page 124 STAT. 4441]]

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Technical amendment to reflect multi-increment fiscal year 
           2010 project.
Sec. 2206. Extension of authorization of certain fiscal year 2008 
           project.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                          PROJECTS.

    (a) Inside the United States.--Using amo