[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3280 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3280
To authorize appropriations for fiscal year 2011 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2010
Mr. Levin (by request) introduced the following bill; which was read
twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2011 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2011''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division a.--Department of Defense Authorizations.
(2) Division b.--Military Construction Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Joint Improvised Explosive Device Defeat Fund.
Sec. 106. Defense Production Act Purchases.
Sec. 107. Multiyear procurement authority for MH-60R/S mission avionics
and common cockpits Navy aircraft program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.
Sec. 202. Repeal of prohibiton of certain contracts by Missile Defense
Agency with foreign entities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Payment to Environmental Protection Agency of stipulated
penalties in connection with Naval Air
Station, Brunswick, Maine.
Sec. 312. Improved Sikes Act coverage of State-owned facilities used
for the national defense.
Subtitle C--Workplace and Depot Issues
Sec. 321. Public-private partnerships between Army industrial
facilities and private entities.
Subtitle D--Other Matters
Sec. 331. Refined Petroleum Products, Marginal Expense Transfer
Account.
Sec. 332. Four-year extension of authority to provide logistics support
and services for weapons systems
contractors.
Sec. 333. Permanent authority for reimbursement of expenses for certain
Navy mess operations.
Sec. 334. Revision to authorities relating to transportation of
civilian passengers and commercial cargoes
by Department of Defense when space
unavailable on commercial lines.
Sec. 335. Proceeds from Army post laundry facilities.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision to permanent end strength levels for the Navy and
Air Force.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2011 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 416. Navy Reserve flag officer allocation; removal of statutory
distribution limits.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Officer Personnel Policy
Sec. 501. Promotion list removal actions.
Sec. 502. Technical revisions to definition of ``joint matters'' for
purposes of joint officer management.
Sec. 503. Eligibility of officers to serve on boards of inquiry for
separation of regular officers for
substandard performance and other reasons.
Sec. 504. Temporary authority to reduce minimum length of commissioned
service required for voluntary retirement
as an officer.
Sec. 505. Continuation of warrant officers on active duty to complete
disciplinary action.
Sec. 506. Authority to designate certain inactive Reserve officers as
not to be considered for selection for
promotion.
Sec. 507. Nondisclosure of information from discussions, deliberations,
notes and records of special selection
boards.
Sec. 508. Changes to process involving promotion boards for joint
qualified officers and officers with Joint
Staff experience.
Sec. 509. Authority for appointment of warrant officers in the grade of
W-1 by commission and standardization of
warrant officer appointing authority.
Subtitle B--General Service Authorities
Sec. 511. Authority for assignment of Air Force Reserve military
technicians (dual status) to positions
outside Air Force Reserve unit program.
Sec. 512. Authority for service commitment for Reservists who accept
fellowships, scholarships, or grants to be
performed in the Selected Reserve.
Sec. 513. Active duty obligation for graduates of the military
academies participating in the Health
Professions Scholarship Program.
Sec. 514. Authority for direct appointment of graduates of the United
States Merchant Marine Academy into the
National Guard.
Sec. 515. Wear of military uniform by military technicians (dual
status) while performing duties as a
military technician (dual status).
Sec. 516. Authority for temporary employment of non-dual status
military technicians.
Subtitle C--Education and Training
Sec. 521. Repayment of education loan repayment benefits.
Sec. 522. Participation of health professions scholarship recipients in
active duty health profession loan
repayment program.
Sec. 523. Adjust Solomon Amendment Federal Register reporting.
Sec. 524. Increase in number of private sector civilians authorized for
admission to National Defense University.
Sec. 525. Authority for permanent professors at the United States Air
Force Academy to hold command positions
while on periods of sabbatical.
Sec. 526. Modification of Junior Reserve Officers' Training Corps
minimum unit strength.
Sec. 527. Increase maximum age for prospective Reserve Officer Training
Corps scholarship recipients.
Sec. 528. Payment for supplemental educational assistance under Post-9/
11 Educational Assistance Program from
Department of Defense education benefits
fund.
Subtitle D--Military Justice and Legal Matters
Sec. 531. Enhanced authority to punish contempt in military justice
proceedings.
Sec. 532. Authority to compel production of documentary evidence prior
to trial in military justice cases.
Subtitle E--Decorations and Awards
Sec. 541. Authority for award of Bronze Star medal to members of
military forces of friendly foreign
nations.
Subtitle F--Other Matters
Sec. 551. Additional member of Department of Defense Military Family
Readiness Council.
Sec. 552. Repeal automatic enrollment in Family Servicemembers' Group
Life Insurance for military members married
to other military members.
Sec. 553. Revised structure and functions of the Reserve Forces Policy
Board.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Repeal of mandatory high-deployment allowance.
Sec. 602. Basic Allowance for Housing for two-member couples when one
is on sea duty.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care
professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to payment of
other title 37 bonuses and special pay.
Sec. 615. One-year extension of authorities relating to payment of
referral bonuses.
Sec. 616. Ineligiblity of certain Federal Government employees for
income replacement payments.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Authorized travel and transportation for designated person
attendance at Yellow Ribbon Reintegration
events.
Subtitle D--Retired Pay, Former Spouse, and Survivor Matters
Sec. 631. Expansion of eligibility for concurrent receipt of retired
pay and disability compensation.
Sec. 632. Authorization to submit application for direct payment.
Sec. 633. Survivor Benefit Plan: extension of period for election
deemed to have been made.
Sec. 634. Prohibit court-ordered payments before retirement based on
imputation of retired pay.
Sec. 635. Authority for multiple beneficiary designations under
Survivor Benefit Plan.
Sec. 636. Authority for designation of responsibility for payment of
premiums for coverage under Survivor
Benefit Plan.
Sec. 637. Establishment of presumptive proportionate share for former
spouse survivor annuity under Survivor
Benefit Plan.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Administration
Sec. 701. Clarification of licensure requirements applicable to
military health-care professionals who are
members of the National Guard performing
duty while in title 32 status.
Sec. 702. Health professions financial assistance program for
civilians.
Sec. 703. Age for health care professional appointments and mandatory
retirements.
Sec. 704. Reimbursement for costs of health care provided to ineligible
individuals who are dependents or former
dependents.
Sec. 705. Clarification of authority for transfer of medical records
from the Department of Defense to the
Department of Veterans Affairs.
Subtitle B--Other Matters
Sec. 711. Updated terminology for the Medical Service Corps.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitation
Sec. 801. Repeal of Small Business Competitiveness Demonstration
Program.
Sec. 802. Permanent authority for Defense Acquisition Challenge
Program.
Sec. 803. Increase in amount of discretionary technical assistance
authorized under Small Business Innovation
Research Program.
Sec. 804. Limited authority under Small Business Innovation Research
and Small Business Technology Transfer
programs to use program funds for
administrative and program management
costs.
Sec. 805. Revision and four-year extension of test program for
negotiation of comprehensive small business
subcontracting plans.
Sec. 806. Inclusion of major subprograms to major defense acquisition
programs under various acquisition-related
requirements.
Subtitle B--Other Matters
Sec. 811. Five-year extension of Department of Defense Mentor-Protege
Program.
Sec. 812. Authority for working-capital funded Army industrial
facilities and arsenals to sell articles
and services outside the Department of
Defense.
Sec. 813. Clarification of requirements for hand or measuring tools.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Realignment of the organizational structure of the Office of
the Secretary of Defense to carry out the
reduction required by law in the number of
Deputy Under Secretaries of Defense.
Sec. 902. Repeal of personnel limitations applicable to certain
defense-wide organizations and revisions to
limitation applicable to Office of the
Secretary of Defense.
Sec. 903. Authority for the Department of Defense to approve an
alternate method of processing equal
employment opportunity complaints within
one or more component organizations under
specified circumstances.
Sec. 904. Increase in authorized number of Defense Intelligence Senior
Executive Service positions.
Sec. 905. Revisions to policy on development and procurement of
unmanned systems.
Sec. 906. Improvements to structure and functioning of Joint
Requirements Oversight Council.
Sec. 907. Consolidation and reorganization of statutory authority for
destruction of United States stockpile of
lethal chemical agents and munitions.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Authority for payment of full replacement value for loss or
damage to household goods in limited cases
not covered by carrier liability.
Sec. 1002. Advance notice to Congress of transfer of funds from a
working-capital fund.
Sec. 1003. Repeal of requirement for annual joint report from Office of
Management and Budget and Congressional
Budget Office on scoring of outlays in
defense budget function.
Sec. 1004. Authority to establish Readiness Reserve Subaccount in the
Transportation Working-Capital Fund.
Sec. 1005. Repeal of requirement for separate budget request for
procurement of equipment for reserve
components of the Armed Forces.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Increase in tonnage criterion for application of limitation
on disposal of naval vessels to foreign
nations.
Sec. 1012. Revisions to authority regarding sales of vessels stricken
from the Naval Register.
Subtitle C--Other Matters
Sec. 1031. Conforming and updating amendments to title 10, United
States Code.
Sec. 1032. Technical and clerical amendments to correct obsolete cross-
reference.
Sec. 1033. Revision to report requirement relating to support of
military museums.
Sec. 1034. Authority to make excess nonlethal supplies available for
domestic emergency assistance.
Sec. 1035. Sale of surplus military equipment to State and local
homeland security and emergency management
agencies.
Sec. 1036. Enhanced authority for servicemembers and Department of
defense civilian employees and their family
members to accept gifts from non-federal
entities.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
Sec. 1102. Mileage reimbursement for privately owned vehicles.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Sec. 1201. Additional nations to which cataloging data and services may
be provided under Arms Export Control Act
on no-cost, reciprocal basis.
Sec. 1202. Authorization of appropriations for Afghanistan Security
Forces Fund.
TITLE XIII--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1301. Working capital funds.
Sec. 1302. National Defense Sealift Fund.
Sec. 1303. Defense Coalition Acquisition Fund.
Sec. 1304. Chemical Agents and Munitions Destruction, Defense.
Sec. 1305. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1306. Defense Inspector General.
Sec. 1307. Defense Health Program.
Subtitle B--Armed Forces Retirement Home
Sec. 1321. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XIV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS FOR FISCAL YEAR 2011
Sec. 1401. Purpose.
Sec. 1402. Army procurement.
Sec. 1403. Joint Improvised Explosive Defeat Fund.
Sec. 1404. Navy and Marine Corps procurement.
Sec. 1405. Air Force procurement.
Sec. 1406. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1407. Defense-wide activities procurement.
Sec. 1408. Research, development, test, and evaluation.
Sec. 1409. Operation and maintenance.
Sec. 1410. Military personnel.
Sec. 1411. Working capital funds.
Sec. 1412. Defense Health Program.
Sec. 1413. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1414. Defense Inspector General.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Extension of authorizations of certain fiscal year 2008
projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
2010 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorization of certain fiscal year 2008
project.
Sec. 2206. Technical amendment to carry out certain fiscal year 2010
project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorization of certain fiscal year 2007
project.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, Chemical-Demilitarization
construction, Defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2008
projects.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Sec. 2701. Authorization of appropriations for base closure and
realignment activities funded through
Department of Defense Base Closure Account
1990.
Sec. 2702. Authorized base closure and realignment activities funded
through Department of Defense Base Closure
Account 2005.
Sec. 2703. Authorization of appropriations for base closure and
realignment activities funded through
Department of Defense Base Closure Account
2005.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Sec. 2801. Alternative use of proceeds from the sale of military family
housing.
Sec. 2802. Increase in dollar thresholds for authorities relating to
unspecified minor construction projects.
Sec. 2803. Enhanced authority for use of operation and maintenance
funds for unspecified minor military
construction projects in support of
contingency operations.
Sec. 2804. Further enhancements to Department of Defense Homeowners
Assistance Program.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
2011 for procurement for the Army as follows:
(1) For aircraft, $5,976,867,000.
(2) For missiles, $1,887,437,000.
(3) For weapons and tracked combat vehicles,
$1,723,561,000.
(4) For ammunition, $1,979,414,000.
(5) For other procurement, $9,765,808,000.
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, $18,508,613,000.
(2) For weapons, including missiles and torpedoes,
$3,359,794,000.
(3) For shipbuilding and conversion, $15,724,520,000.
(4) For other procurement, $6,450,208,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2011 for procurement for the Marine Corps in the amount
of $1,344,044,000.
(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, $15,366,508,000.
(2) For ammunition, $667,420,000.
(3) For missiles, $5,463,272,000.
(4) For other procurement, $17,845,380,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
2011 for Defense-wide procurement in the amount of $4,280,368,000.
SEC. 105. 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 $215,868,000.
SEC. 106. DEFENSE PRODUCTION ACT PURCHASES.
Funds are hereby authorized to be appropriated for fiscal year
2011 for Defense Production Act purchases in the amount of $28,746,000.
SEC. 107. MULTIYEAR PROCUREMENT AUTHORITY FOR MH-60R/S MISSION AVIONICS
AND COMMON COCKPITS NAVY AIRCRAFT PROGRAM.
(a) Authority for Multiyear Procurement.--
(1) In general.--Subject to section 2306b of title 10,
United States Code, the Secretary of the Navy may enter into a
multiyear contract, beginning with the fiscal year 2012 program
year, for the procurement of MH-60R/S Mission Avionics and
Common Cockpits.
(2) Availability of appropriations.--A multiyear contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract is subject to the availability of appropriations for
that purpose.
(3) Submission of written certification by secretary of
defense.--For purposes of paragraph (1), the term ``March 1 of
the year in which the Secretary requests legislative authority
to enter into such contract'' in section 2306b(i)(1) of such
title shall be deemed to be a reference to March 1, 2011.
(b) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts, beginning in fiscal year 2011,
for advance procurement of MH-60R/S Mission Avionics and Common
Cockpits for which authorization to enter into a multiyear procurement
contract is granted under subsection (a).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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, $10,333,392,000.
(2) For the Navy, $17,693,496,000.
(3) For the Air Force, $27,247,302,000.
(4) For Defense-wide activities, $20,856,510,000, of which
$194,910,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. REPEAL OF PROHIBITON 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; 10 U.S.C. 2431 note) is
repealed.
TITLE III--OPERATION AND MAINTENANCE
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, $33,971,965,000.
(2) For the Navy, $38,134,308,000.
(3) For the Marine Corps, $5,590,340,000.
(4) For the Air Force, $36,844,512,000.
(5) For Defense-wide activities, $30,583,896,000.
(6) For the Army Reserve, $2,879,077,000.
(7) For the Navy Reserve, $1,367,764,000.
(8) For the Marine Corps Reserve, $285,234,000.
(9) For the Air Force Reserve, $3,301,035,000.
(10) For the Army National Guard, $6,572,704,000.
(11) For the Air National Guard, $5,941,143,000.
(12) For the United States Court of Appeals for the Armed
Forces, $14,068,000.
(13) For the Acquisition Workforce Development 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, $276,546,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $108,032,000.
(20) For Cooperative Threat Reduction programs,
$522,512,000.
(21) For the Overseas Contingency Operations Transfer Fund,
$5,000,000.
Subtitle B--Environmental Provisions
SEC. 311. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH NAVAL AIR STATION,
BRUNSWICK, MAINE.
(a) Authority To Transfer Funds.--
(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
$153,000 to the Hazardous Substance Superfund.
(2) Purpose of transfer.--The payment under paragraph (1)
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 by the Navy to
timely sample certain monitoring wells pursuant to a schedule
included in a Federal Facility Agreement.
(3) Federal facility agreement.--The stipulated penalty
described in paragraph (2) is provided for in the Federal
Facility Agreement entered into by the Department of the Navy
and the Environmental Protection Agency for Naval Air Station,
Brunswick, on October 19, 1990.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated for fiscal year 2011 for
the Department of Defense Base Closure Account 2005.
(c) Use of Funds.--The Environmental Protection Agency shall accept
the amount transferred under subsection (a) as payment of the penalty
described under paragraph (2) of such subsection.
SEC. 312. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED
FOR THE NATIONAL DEFENSE.
(a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et seq.), is
amended as follows:
(1) Definition of state-owned national guard
installation.--Section 100 (16 U.S.C. 670) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (1) the following
new paragraphs (2) and (3):
``(2) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands.
``(3) State-owned national guard installation.--The term
`State-owned National Guard installation' means land owned and
operated by a State when such land is used for training the
National Guard pursuant to chapter 5 of title 32, United States
Code, with funds provided by the Secretary of Defense or the
Secretary of a military department, even though such land is
not under the jurisdiction of the Department of Defense.''.
(2) Funding of integrated natural resources management
plans.--Section 101 (16 U.S.C. 670a) is amended--
(A) in subsection (a)(1)(B)--
(i) by inserting ``(i)'' before ``To
facilitate''; and
(ii) by adding at the end the following new
clause:
``(ii) The Secretary of a military
department may use appropriated funds to
develop and implement an integrated natural
resources management plan for a State-owned
National Guard installation. Such a plan shall
be developed and implemented in coordination
with the chief executive officer of the State
in which the State-owned National Guard
installation is located. Such a plan shall be
deemed, for purposes of any other provision of
law, to be for lands or other geographical
areas owned or controlled by the Department of
Defense, or designated for its use.'';
(B) in subsection (a)(2), by inserting ``or State-
owned National Guard installation'' after ``military
installation'' both places it appears;
(C) in subsection (a)(3)--
(i) by striking ``and'' at the end of
subparagraph (B);
(ii) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) the conservation and rehabilitation of
natural resources on State-owned National Guard
installations and sustainable multipurpose use of those
installations.'';
(D) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively; and
(E) by inserting after subsection (b) the following
new subsection (c):
``(c) Required Elements of Plans for State-Owned National Guard
Installations.--Each integrated natural resources management plan for a
State-owned National Guard installation that is prepared under
subsection (a)(1)(B)(ii)--
``(1) shall, to the extent appropriate and applicable,
provide for--
``(A) fish and wildlife management, land
management, forest management, and fish and wildlife
oriented recreation;
``(B) fish and wildlife habitat enhancement or
modification;
``(C) wetland protection, enhancement, and
restoration where necessary for support of fish,
wildlife, or plants;
``(D) integration of, and consistency among, the
various activities conducted under the plan;
``(E) establishment of specific natural resource
management goals and objectives and time frames of
proposed action;
``(F) sustainable use by the public of natural
resources to the extent that the use is not
inconsistent with the needs of fish and wildlife
resources;
``(G) public access to the State-owned National
Guard installation that is necessary or appropriate for
the use described in subparagraph (F), subject to
requirements necessary to ensure safety and military
security;
``(H) enforcement of applicable natural resource
laws (including regulations);
``(I) no net loss in the capability of State-owned
National Guard installation lands to support the
military mission of the installation; and
``(J) such other activities as the Secretary of a
military department determines appropriate; and
``(2) must be reviewed as to operation and effect by the
parties thereto on a regular basis, but not less often than
every 5 years.''.
(3) Cooperative agreements.--Section 103a(a) (16 U.S.C.
670c-1(a)) is amended--
(A) in paragraph (1), by striking ``Department of
Defense installations'' and inserting ``military
installations and State-owned National Guard
installations''; and
(B) in paragraph (2), by striking ``a Department of
Defense installation'' and inserting ``a military
installation or State-owned National Guard
installation''.
(b) Section and Subsection Headings.--Such Act is further amended
as follows:
(1) Section 101 (16 U.S.C. 670a), as amended by subsection
(a)(2) of this section, is amended--
(A) by inserting at the beginning the following:
``SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.'';
(B) by striking ``Sec. 101.'';
(C) in subsection (d), as redesignated by
subsection (a)(2)(D) of this section, by inserting
``Prohibitions on Sale and Lease of Lands Unless
Effects Compatible With Plan.--'' after ``(d)'';
(D) in subsection (e), as redesignated by
subsection (a)(2)(D) of this section, by inserting
``Implementation and Enforcement of Integrated Natural
Resources Management Plans.--'' after ``(e)''; and
(E) in subsection (f), as redesignated by
subsection (a)(2)(D) of this section, by inserting
``Applicability of Other Laws.--'' after ``(f)'';
(2) Section 102 (16 U.S.C. 670b) is amended--
(A) by inserting at the beginning the following:
``SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.'';
(B) by striking ``Sec. 102.'' and inserting ``(a)
Integrated Natural Resources Management Plan.--''; and
(C) by striking ``agency:'' and all that follows
through ``possession'' and inserting ``agency.
``(b) Applicability of Other Laws.--Possession''.
(3) Section 103a (16 U.S.C. 670c-1), as amended by
subsection (a)(3) of this section, is amended--
(A) by inserting at the beginning the following:
``SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT
ON INSTALLATIONS.'';
(B) by striking ``Sec. 103a.'';
(C) in subsection (a), by inserting ``Authority of
Secretary of Military Department.--'' after ``(a)'';
and
(D) in subsection (c), by inserting ``Availability
of Funds; Agreements Under Other Laws.--'' after
``(c)''.
(4) Section 104 (16 U.S.C. 670d) is amended--
(A) by inserting at the beginning the following:
``SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.'';
and
(B) by striking ``Sec. 104.''.
(5) Section 105 (16 U.S.C. 670e) is amended--
(A) by inserting at the beginning the following:
``SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.'';
and
(B) by striking ``Sec. 105.''.
(6) Section 108 (16 U.S.C. 670f) is amended--
(A) by inserting at the beginning the following:
``SEC. 108. APPROPRIATIONS AND EXPENDITURES.'';
(B) by striking ``Sec. 108.'';
(C) in subsection (a), by inserting ``Expenditures
Exclusively Under Integrated Natural Resources
Management Plans; Availability of Funds Until
Expended.--'' after ``(a)'';
(D) in subsection (b), by inserting ``Authorization
of Appropriations to Secretary of Defense.--'' after
``(b)'';
(E) in subsection (c), by inserting ``Authorization
of Appropriations to Secretary of the Interior.--''
after ``(c)''; and
(F) in subsection (d), by inserting ``Use of Other
Conservation or Rehabilitation Authorities.--'' after
``(d)''.
(7) Section 201 (16 U.S.C. 670g) is amended--
(A) by inserting at the beginning the following:
``SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION
PROGRAMS; COOPERATION BETWEEN SECRETARY OF INTERIOR,
SECRETARY OF AGRICULTURE, AND STATE AGENCIES IN PLANNING,
ETC., IN ACCORDANCE WITH COMPREHENSIVE PLANS; SCOPE AND
IMPLEMENTATION OF PROGRAMS.'';
(B) by striking ``Sec. 201.'';
(C) in subsection (a), by inserting ``Conservation
and Rehabilitation Programs.--'' after ``(a)''; and
(D) in subsection (b), by inserting
``Implementation of Programs.--'' after ``(b)''.
(8) Section 202 (16 U.S.C. 670h) is amended--
(A) by inserting at the beginning the following:
``SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION
PROGRAMS.'';
(B) by striking ``Sec. 202.'';
(C) in subsection (a), by inserting ``Development
by Secretary of Interior and Secretary of Agriculture;
Consultation With State Agencies; Prior Written
Approval of Concerned Federal Agencies.--'' after
``(a)'';
(D) in subsection (b), by inserting ``Development
Consistent With Overall Land Use and Management Plans;
Hunting, Trapping, and Fishing Authorized in Accordance
With Applicable State Laws and Regulations.--'' after
``(b)'';
(E) in subsection (c), by inserting ``Cooperative
Agreements by State Agencies for Implementation of
Programs; Modification; Contents; Hunting, Trapping and
Fishing Authorized in Accordance With Applicable State
Laws and Regulations; Regulations.--'' after ``(c)'';
and
(F) in subsection (d), by inserting ``State Agency
Agreements Not Cooperative Agreements Under Other
Provisions.--'' after ``(d)''.
(9) Section 203 (16 U.S.C. 670i) is amended--
(A) by inserting at the beginning the following:
``SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS; AGREEMENT BETWEEN STATE
AGENCIES AND SECRETARY OF INTERIOR AND SECRETARY OF
AGRICULTURE REQUIRING STAMPS FOR HUNTING, TRAPPING, AND
FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS; CONDITIONS
OF AGREEMENT.'';
and
(B) by striking ``Sec. 203.''.
(10) Section 204 (16 U.S.C. 670j) is amended--
(A) by inserting at the beginning the following:
``SEC. 204. ENFORCEMENT PROVISIONS.'';
(B) by striking ``Sec. 204.'';
(C) in subsection (a), by inserting ``Violations
and Penalties.--'' after ``(a)'';
(D) in subsection (b), by inserting ``Designation
of Enforcement Personnel Powers; Issuance of Arrest
Warrants; Trial and Sentencing by United States
Magistrate Judges.--''after ``(b)'';
(E) in subsection (c), by inserting ``Seizure and
Forfeiture of Equipment and Vessels.--'' after ``(c)'';
and
(F) in subsection (d), by inserting ``Applicability
of Customs Laws to Seizures and Forfeitures;
Exceptions.--'' after ``(d)''.
(11) Section 205 (16 U.S.C. 670k) is amended--
(A) by inserting at the beginning the following:
``SEC. 205. DEFINITIONS.'';
and
(B) by striking ``Sec. 205.''.
(12) Section 206 (16 U.S.C. 670l) is amended--
(A) by inserting at the beginning the following:
``SEC. 206. APPLICABILITY TO FOREST SERVICE AND BUREAU OF LAND
MANAGEMENT LANDS OF PUBLIC LAND MANAGEMENT AREA STAMP
REQUIREMENTS; AUTHORIZED FEES.'';
and
(B) by striking ``Sec. 206.''.
(13) Section 207 (16 U.S.C. 670m) is amended--
(A) by inserting at the beginning the following:
``SEC. 207. INDIAN RIGHTS UNAFFECTED; STATE OR FEDERAL JURISDICTION
REGULATING INDIAN RIGHTS PRESERVED.'';
and
(B) by striking ``Sec. 207.''.
(14) Section 209 (16 U.S.C. 670o) is amended--
(A) by inserting at the beginning the following:
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.'';
(B) by striking ``Sec. 209.'';
(C) in subsection (a), by inserting ``Functions and
Responsibilities of Secretary of the Interior.--''
after ``(a)'';
(D) in subsection (b), by inserting ``Functions and
Responsibilities of Secretary of Agriculture.--'' after
``(b)'';
(E) in subsection (c), by inserting ``Use of Other
Conservation or Rehabilitation Authorities.--'' after
``(c)''; and
(F) in subsection (d), by inserting ``Contract
Authority Respecting Property, Services or Assistance
Affecting State Agencies; Appropriations Require-
ment.--'' after ``(d)''.
(c) Codification of Change of Name.--Section 204(b) of such Act (16
U.S.C. 670j), as amended by subsection (b)(10) of this section, is
amended by striking ``magistrate'' both places it appears and inserting
``magistrate judge''.
(d) Repeal of Obsolete Section.--Section 208 of such Act is
repealed.
Subtitle C--Workplace and Depot Issues
SEC. 321. PUBLIC-PRIVATE PARTNERSHIPS BETWEEN ARMY INDUSTRIAL
FACILITIES AND PRIVATE ENTITIES.
(a) Expanded Authority.--Section 4544 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking the last sentence;
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``multiyear''
after ``fixed-price'';
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively; and
(3) by striking subsection (k).
(b) Effective Date.--The amendments made by this section shall take
effect on the earlier of the effective date of any regulations
prescribed to implement those amendments or the date that is 90 days
after the date of the enactment of this Act.
Subtitle D--Other Matters
SEC. 331. REFINED PETROLEUM PRODUCTS, MARGINAL EXPENSE TRANSFER
ACCOUNT.
(a) In General.--Chapter 131 of title 10, United States Code, is
amended by inserting after section 2228 the following new section:
``Sec. 2228a. Refined petroleum products, marginal expense transfer
account
``(a) Account.--There is established in the Treasury the `Refined
Petroleum Products, Marginal Expense Transfer Account' (`Transfer
Account'). During any fiscal year, amounts in the Transfer Account
shall be available without further appropriation to pay the marginal
costs needed to purchase up to the quantity of refined petroleum
products specified in the fiscal year budget request for use by
Department of Defense entities for such year.
``(b) Calculation of Marginal Costs.--Marginal costs shall be
calculated as the difference between the actual market prices paid by
the Department of Defense for the refined petroleum products in a
fiscal year and the prices specified for the purchase of such products
in the President's budget for that year.
``(c) Transfer of Funds.--(1) During the course of any fiscal year,
amounts sufficient to pay the marginal costs under subsection (a) shall
be transferred from the Transfer Account to the Defense-Wide Working
Capital Fund.
``(2) To the extent that the price specified for the purchase of
refined petroleum products in the President's budget submission for a
fiscal year exceed the actual market prices paid by the Department for
such products purchased in that year, the difference in price shall be
transferred from the Defense-Wide Working Capital Fund to the Transfer
Fund and such amounts shall be cancelled.
``(3) The transfer of such additional amount needed, amounts not
needed through August, and an estimate for September should be
transferred before the end of the fiscal year, with a final accounting
and transfer within 60 days after the end of the fiscal year.
``(4) The transfer authority provided by this section is in
addition to any other transfer authority available to the Department of
Defense.
``(d) Authorization of Appropriations.--There is appropriated to
the Transfer Account such sums as may be necessary to carry out this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2228 the following new item:
``2228a. Refined petroleum products, marginal expense transfer
account.''.
SEC. 332. FOUR-YEAR EXTENSION OF AUTHORITY TO PROVIDE LOGISTICS SUPPORT
AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 365(g)(1) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note) is
amended by striking ``September 30, 2010'' and inserting ``September
30, 2014''.
SEC. 333. PERMANENT AUTHORITY FOR REIMBURSEMENT OF EXPENSES FOR CERTAIN
NAVY MESS OPERATIONS.
Section 1014 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4585) is
amended--
(1) in subsection (a), by inserting ``annually'' after
``may be used'';
(2) by striking subsection (b);
(3) by redesignating subsection (c) as subsection (b); and
(4) in subsection (b), as redesignated by paragraph (3)--
(A) by striking ``during which the authority to pay
for meals under subsection (a) is in effect''; and
(B) by striking ``such authority'' and inserting
``the authority to pay for meals under subsection
(a)''.
SEC. 334. 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.--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:
``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. 335. PROCEEDS FROM ARMY POST LAUNDRY FACILITIES.
(a) Authority To Retain Receipts.--Chapter 437 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 4596. Army post laundries: disposition of receipts
``(a) Use of Proceeds.--Money received for laundry work performed
by Army post laundries shall be used to pay the cost of maintenance and
operation of those laundries. Any amount remaining at the end of the
fiscal year after the cost has been so paid shall be deposited in the
Treasury to the credit of the appropriation from which the cost of
operating the laundries is paid.
``(b) Public Funds.--The receipts and expenditures of Army post
laundries shall be accounted for as public funds.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4596. Army post laundries: disposition of receipts.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
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 TO PERMANENT END STRENGTH LEVELS FOR THE NAVY AND
AIR FORCE.
Section 691(b) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``328,800'' and inserting
``324,300''; and
(2) in paragraph (4), by striking ``331,700'' and inserting
``332,200''.
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, 8,537.
(2) For the Army National Guard of the United States,
27,210.
(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, 2,520.
(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 453.
(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.
SEC. 416. NAVY RESERVE FLAG OFFICER ALLOCATION; REMOVAL OF STATUTORY
DISTRIBUTION LIMITS.
Section 12004(c) of title 10, United States Code, is amended by
striking paragraphs (2), (3), and (5).
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated for military personnel for fiscal year 2011 a total of
$127,668,630,000.
(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 AUTHORIZATIONS
Subtitle A--Officer Personnel Policy
SEC. 501. PROMOTION LIST REMOVAL ACTIONS.
(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) Administrative Removal.--If an officer on the active-duty
list is discharged or dropped from the rolls, transferred to a retired
status, or found to have been erroneously included in a zone of
consideration, after having been recommended for promotion to a higher
grade under this chapter, but before being promoted, the officer shall
be administratively removed from the promotion list under regulations
prescribed by the Secretary concerned.''.
(b) Reserve Active-Status List.--Section 14310 of such title is
amended by adding at the end the following new subsection:
``(d) Administrative Removal.--If an officer on the reserve active-
status list is discharged or dropped from the rolls, transferred to a
retired status, or found to have been erroneously included in a zone of
consideration, after having been recommended for promotion to a higher
grade under this chapter or after having been found qualified for
Federal recognition in the higher grade under title 32, but before
being promoted, the officer shall be administratively removed from the
promotion list under regulations prescribed by the Secretary
concerned.''.
SEC. 502. 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'' and inserting
``integrated''; and
(B) by striking ``and'' at the end of the
subparagraph (D) and inserting ``or''; and
(2) in paragraph (2)--
(A) by striking ``multiple'' and inserting
``integrated''; and
(B) by striking ``participants from'' and all that
follows and inserting ``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. 503. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS OF INQUIRY FOR
SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD
PERFORMANCE AND OTHER REASONS.
(a) Active Duty.--Section 1187 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking paragraphs (2) and (3)
and inserting the following:
``(2) Each member of the board shall be senior in rank or
grade to the officer being required to show cause for retention
on active duty and at least one member of the board--
``(A) shall be in or above the grade of major or
lieutenant commander if the grade of the officer being
required to show cause for retention on active duty, is
below the grade of major or lieutenant commander; or
``(B) shall be in a grade above lieutenant colonel
or commander if the grade of the officer being required
to show cause for retention on active duty, is major or
lieutenant commander or above.'';
(2) in subsection (b), by striking ``officer--'' and all
that follows through the period at the end and inserting
``meets the grade requirements of subsection (a)(2).''; and
(3) by adding at the end the following new subsection:
``(e) Regulations.--The Secretary of a military department may
prescribe regulations limiting the eligibility of officers to serve as
board members to those otherwise qualified officers who, in the opinion
of the Secretary, are suited for that duty by reason of age, education,
training, experience, length of service, and temperament.''.
(b) Reserves.--Section 14906 of such title is amended--
(1) in subsection (a), by striking paragraphs (2) and (3)
and inserting the following:
``(2) Each member of the board shall be senior in rank or
grade to the officer being required to show cause for retention
in an active status and at least one member of the board--
``(A) shall be in or above the grade of major or
lieutenant commander if the grade of the officer being
required to show cause for retention in an active
status is below the grade of major or lieutenant
commander; or
``(B) shall be in a grade above lieutenant colonel
or commander if the grade of the officer being required
to show cause for retention in an active status is
major or lieutenant commander or above.''; and
(2) by adding at the end the following new subsection:
``(c) Regulations.--The Secretary of a military department may
prescribe regulations limiting the eligibility of officers to serve as
board members to those otherwise qualified officers who, in the opinion
of the Secretary, are suited for that duty by reason of age, education,
training, experience, length of service, and temperament.''.
SEC. 504. TEMPORARY AUTHORITY TO REDUCE MINIMUM LENGTH OF COMMISSIONED
SERVICE 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 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 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 National Defense
Authorization Act for Fiscal Year 2011 and ending on September 30,
2013''.
SEC. 505. CONTINUATION OF WARRANT OFFICERS ON ACTIVE DUTY TO COMPLETE
DISCIPLINARY ACTION.
(a) In General.--Chapter 33A of title 10, United States Code, is
amended by inserting after section 580a following new section:
``Sec. 580b. Continuation of warrant officers on active duty to
complete disciplinary action
``When any action has been commenced against a warrant officer with
a view to trying such officer by court-martial and such warrant officer
is to be separated or retired in accordance with this chapter, the
Secretary of the military department concerned may delay the separation
or retirement of the officer, without prejudice to such action, until
the completion of the action.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
580a the following new item:
``580b. Continuation of warrant officers on active duty to complete
disciplinary action.''.
SEC. 506. AUTHORITY TO DESIGNATE CERTAIN INACTIVE RESERVE OFFICERS AS
NOT TO BE CONSIDERED FOR SELECTION FOR PROMOTION.
Section 14301 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(i) Certain Officers Not To Be Considered for Selection for
Promotion.--The Secretary concerned may provide that an officer who is
in an active status but in a duty status in which the only points the
officer accrues under section 12732(a)(2) of this title are pursuant to
subparagraph (C)(i) of such section (relating to membership in a
reserve component) shall not be considered for selection for promotion
at any time the officer otherwise would be so considered. The officer
may remain on the reserve active-status list.''.
SEC. 507. 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) in subsection (a), by striking ``section 611'' and all
that follows through ``the board'' and inserting the following:
``sections 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 by this title to process the board's report. The
prohibition in the preceding sentence is an exemption by
statute referred to in paragraph (3) of section 552(b) 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.''.
(b) Reports of Boards.--Section 628(c)(2) of such title, is amended
by striking ``576(d) and 576(f)'' and inserting ``576(d), 576(f), and
613a''.
(c) Reserve Boards.--Section 14104 of such title, is amended--
(1) in subsection (a), by striking ``section 14101'' and
all that follows and inserting ``sections 14101 or 14502 of
this title may not be disclosed to any person not a member of
the board except as authorized or required by this title to
process the board's report.'';
(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 sections 14502 of this title,
regardless of the date on which the board was convened.''.
SEC. 508. CHANGES TO PROCESS INVOLVING PROMOTION BOARDS FOR JOINT
QUALIFIED OFFICERS AND OFFICERS WITH JOINT STAFF
EXPERIENCE.
(a) Board Composition.--Section 612(c) of title 10, United States
Code, is amended--
(1) by striking ``serving in, or have served in, joint duty
assignments'' and inserting ``officers who are serving on, or
have served on, the Joint Staff or are joint qualified
officers'';
(2) by striking ``currently serving in a joint duty
assignment'' and inserting ``is a joint qualified officer'';
and
(3) by inserting before the period at the end the
following: ``or in the case of a 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 is amended by striking ``in joint duty assignments of officers
who are serving, or have served, in such assignments'' in subsections
(b)(5) and (c) 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 paragraphs (2)(A) and (2)(B), 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''.
SEC. 509. 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) Appointing authority.--The second sentence of such
section is amended by inserting before the period at the end
the following: ``, and appointments in the grade of regular
warrant officer, W-1 (whether by warrant or commission), 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) 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.
Subtitle B--General Service Authorities
SEC. 511. AUTHORITY FOR ASSIGNMENT OF AIR FORCE RESERVE MILITARY
TECHNICIANS (DUAL STATUS) TO POSITIONS OUTSIDE AIR FORCE
RESERVE UNIT PROGRAM.
Section 10216(d)(2) of title 10, United States Code, is amended by
inserting ``or by the Air Force Reserve in an area other than the Air
Force Reserve unit program'' before the period at the end.
SEC. 512. AUTHORITY FOR SERVICE COMMITMENT FOR RESERVISTS WHO ACCEPT
FELLOWSHIPS, SCHOLARSHIPS, OR GRANTS TO BE PERFORMED IN
THE SELECTED RESERVE.
(a) In General.--Section 2603(b) of title 10, United States Code,
is amended by inserting ``(or in the case of a member of the Selected
Reserve, on active duty or in the Selected Reserve as specified in the
agreement)'' after ``active duty''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to agreements entered into under section 2603(b) of title 10,
United States Code, after the date of the enactment of this Act.
SEC. 513. ACTIVE DUTY OBLIGATION FOR GRADUATES OF THE MILITARY
ACADEMIES PARTICIPATING IN THE HEALTH PROFESSIONS
SCHOLARSHIP PROGRAM.
(a) United States Military Academy Graduates in the Health
Professions Scholarship Program.--Subsection (a) of section 4348 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 the health care
degree or training program.''.
(b) United States Naval Academy Graduates in the Health Professions
Scholarship Program.--Subsection (a) of section 6959 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 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
the health care degree or training program.''.
(c) United States Air Force Academy Graduates in the Health
Professions Scholarship Program.--Subsection (a) of section 9348 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 the health care
degree or training program.''.
SEC. 514. AUTHORITY FOR 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
inserting ``the United States Merchant Marine Academy,'' after ``Air
Force Academy,''.
SEC. 515. WEAR OF MILITARY UNIFORM BY MILITARY TECHNICIANS (DUAL
STATUS) WHILE PERFORMING DUTIES AS A MILITARY TECHNICIAN
(DUAL STATUS).
Section 10216(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) Pursuant to regulations prescribed by the Secretary
concerned, a military technician (dual status) may be required
to wear the military uniform appropriate for the member's grade
while performing duties as a military technician (dual
status).''.
SEC. 516. AUTHORITY FOR TEMPORARY EMPLOYMENT OF NON-DUAL STATUS
MILITARY TECHNICIANS.
Section 10217 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(B) by adding at the end the following new
paragraph:
``(3) was hired as a temporary employee for a period not to
exceed two years to fill a vacancy created by the mobilization
of a military technician (dual status) occupying a position
under section 10216 of this title and the length of the
temporary employment may not exceed the period of mobilization
of the military technician (dual status) whose vacancy is being
filled by the temporary employee.''; and
(2) by adding at the end the following new subsection:
``(d) 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, an
individual to serve as a military technician (non-dual) status if the
individual is placed in a position that was occupied by a military
technician who is unable temporarily to perform the function of the
position because of a contingency operation or as determined by the
Secretary.
``(2) An individual employed as a military technician (non-dual
status) under paragraph (a) shall not be considered a non-dual status
technician for the purposes of subsection (c).''.
Subtitle C--Education and Training
SEC. 521. 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) 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. 522. PARTICIPATION OF HEALTH PROFESSIONS SCHOLARSHIP 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 specific health profession.''.
SEC. 523. ADJUST SOLOMON AMENDMENT FEDERAL REGISTER REPORTING
REQUIREMENT.
Section 983 of title 10, United States Code, is amended by striking
subsection (f).
SEC. 524. 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. 525. AUTHORITY FOR PERMANENT PROFESSORS AT THE UNITED STATES AIR
FORCE ACADEMY TO HOLD COMMAND POSITIONS WHILE ON PERIODS
OF SABBATICAL.
Section 9334(b) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``However, a permanent
professor who is on an operational tour or sabbatical duty away from
the Academy may, if so authorized by the Secretary of the Air Force,
exercise command of units to which assigned while on such duty.''.
SEC. 526. MODIFICATION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS
MINIMUM UNIT STRENGTH.
Section 2031 of title 10, United States Code, is amended--
(1) in subsection (b)(1)--
(A) by striking ``10 percent'' and all that follows
through ``8th grade'' and inserting ``75, when total
institutional enrollment does not exceed 1,000''; and
(B) by striking ``whichever is less'' and inserting
``if the total institutional enrollment is 1,000 or
greater'';
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) The Secretary concerned may waive the minimum enrollment
requirement in subsection (b)(1) if the Secretary determines that such
a waiver is in the best interests of the service or is necessary to
provide a fair and equitable geographic distribution of units.''.
SEC. 527. INCREASE MAXIMUM AGE FOR PROSPECTIVE RESERVE OFFICER TRAINING
CORPS SCHOLARSHIP RECIPIENTS.
(a) Eligibility for Financial Assistance.--Subsection (a) of
section 2107 of title 10, United States Code, is amended by striking
``31 years'' and inserting ``35 years''.
(b) Eligibility for Members of Army Reserve and Army National
Guard.--Subsection (a)(1) of section 2107a of such title is amended by
striking ``31 years'' and inserting ``35 years''.
SEC. 528. PAYMENT FOR SUPPLEMENTAL EDUCATIONAL ASSISTANCE UNDER POST-9/
11 EDUCATIONAL ASSISTANCE PROGRAM FROM DEPARTMENT OF
DEFENSE EDUCATION BENEFITS FUND.
(a) Payment From DoD Education Benefits Fund.--Section 3324(b) of
title 38, United States Code, is amended--
(1) by striking ``(b) Costs.--Payments'' and inserting the
following:
``(b) Costs.--
``(1) In general.--Except as provided in paragraph (2),
payments''; and
(2) by adding at the end the following new paragraph:
``(2) Supplemental educational assistance.--Payments for
supplemental educational assistance under section 3316 shall be
made from the Department of Defense Education Benefits Fund
established under section 2006 of title 10 or from
appropriations available to the Department of Homeland Security
for that purpose, as applicable.''.
(b) Department of Defense Funding of Assistance.--Section 2006(b)
of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``chapter 30'' and
inserting ``chapters 30 and 33''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or
3316(a)'' after ``3015(d)''; and
(B) in subparagraph (B)--
(i) by inserting ``or section 3316(b)''
after ``chapter 30'' in the matter preceding
clause (i);
(ii) by striking ``or'' at the end of
clause (i);
(iii) by striking the period at the end of
clause (ii) and inserting ``; or''; and
(iv) by adding at the end the following new
clause:
``(iii) enter a period of service that will
establish entitlement to such educational
assistance under section 3316(b)(2) of such
title, in the case of persons eligible for
educational assistance under chapter 33 of such
title.''.
Subtitle D--Military Justice and Legal Matters
SEC. 531. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN MILITARY JUSTICE
PROCEEDINGS.
(a) In General.--The text of section 848 of title 10, United States
Code (article 48 of the Uniform Code of Military Justice), is amended
to read as follows:
``(a) Authority To Punish Contempt.--A military judge detailed to
any court-martial, a Court of Inquiry, the Court of Appeals for the
Armed Forces, a military Court of Criminal Appeals, a provost court, or
military commission may punish for contempt any person who--
``(1) uses any menacing word, sign, or gesture in its
presence;
``(2) disturbs its proceedings by any riot or disorder; or
``(3) willfully disobeys the lawful writ, process, order,
rule, decree, or command of same.
``(b) Punishment.--The punishment for contempt under subsection (a)
may not exceed confinement for 30 days or 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) Effective Date.--The amendment made by this section shall apply
with respect to acts of contempt described in section 848(a) of title
10, United States Code (article 48(a) of the Uniform Code of Military
Justice), as amended by subsection (a), that are committed after the
date of the enactment of this Act.
SEC. 532. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY EVIDENCE PRIOR
TO TRIAL IN MILITARY JUSTICE CASES.
(a) Subpoena Duces Tecum.--Section 847 of title 10, United States
Code (article 47 of the Uniform Code of Military Justice), is amended--
(1) in subsection (a)(1), by striking ``board;'' and
inserting ``board or has been duly issued a subpoena duces
tecum for an investigation, including an investigation pursuant
to section 832(b) of this title (article 32(b)); and''; and
(2) in subsection (c), by striking ``or board,'' and
inserting ``board, trial counsel, or convening authority,''.
(b) Repeal of Obsolete Provisions Relating to Fees and Mileage
Payable to Witnesses.--Such section is further amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2); and
(2) by striking subsection (d).
(c) Technical Amendments.--Subsection (a) of such section is
further amended by striking ``subpenaed'' in paragraphs (1) and (2) (as
redesignated by subsection (b)(1)(B)) and inserting ``subpoenaed''.
(d) Effective Date.--The amendments made by subsection (a) shall
apply with respect to subpoenas issued after the date of the enactment
of this Act.
Subtitle E--Decorations and Awards
SEC. 541. AUTHORITY FOR AWARD OF BRONZE STAR MEDAL TO MEMBERS OF
MILITARY FORCES OF FRIENDLY FOREIGN NATIONS.
(a) Authority.--Section 1133 of title 10, United States Code, is
amended--
(1) by striking ``awarded to a member'' and inserting
``awarded to--
``(1) a member'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following new paragraph:
``(2) a member of the military forces of a friendly foreign
nation whose action leading to a recommendation for award of
the Bronze Star occurred in a geographic area for which members
of the armed forces are authorized special pay under section
310 of title 37.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading for such section is
amended to read as follows:
``Sec. 1133. Bronze Star: limitation to members receiving imminent
danger pay and members of military services of friendly
foreign nations in imminent-danger-pay areas''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 57 of such
title is amended to read as follows:
``1133. Bronze Star: limitation to members receiving imminent danger
pay and members of military services of
friendly foreign nations in imminent-
danger-pay areas.''.
(c) Effective Date.--Paragraph (2) of section 1133 of title 10,
United States Code, as added by subsection (a)(2), shall take effect as
of October 30, 2000.
Subtitle F--Military Family Readiness Matters
SEC. 551. ADDITIONAL MEMBER OF DEPARTMENT OF DEFENSE MILITARY FAMILY
READINESS COUNCIL.
(a) Addition of the Spouse of a General or Admiral.--Paragraph (1)
of section 1781a(b) of title 10, United States Code, is amended by
inserting before the period at the end of subparagraph (D) the
following: ``and in addition one individual appointed by the Secretary
who is the spouse of an officer serving in the grade of general or
admiral''.
(b) Technical Amendment.--Subparagraph (E) of such paragraph is
amended by striking ``the senior'' and all that follows through
``member'' and inserting ``the senior enlisted advisor, or the spouse
of a senior enlisted member,''.
SEC. 552. REPEAL AUTOMATIC ENROLLMENT IN FAMILY SERVICEMEMBERS' GROUP
LIFE INSURANCE FOR MILITARY MEMBERS WHO ARE MARRIED TO
OTHER MILITARY MEMBERS.
Section 1967(a)(1) of title 38, United States Code, is amended--
(1) in subparagraph (A)(ii), by inserting ``other than a
dependent who is also a member of a uniformed service and,
because of such membership, automatically insured under this
paragraph'' after ``insurable dependent of the member''; and
(2) in subparagraph (C)(ii), by inserting ``other than a
dependent who is also a member of a uniformed service and,
because of such membership, automatically insured under this
paragraph'' after ``insurable dependent of the member''.
SEC. 553. REVISED STRUCTURE AND FUNCTIONS OF THE RESERVE FORCES POLICY
BOARD.
(a) In General.--Section 10301 of title 10, United States Code, is
amended to read as follows:
``Sec. 10301. Reserve Forces Policy Board
``(a) Functions.--As provided in section 175 of this title, there
is in the Office of the Secretary of Defense a Reserve Forces Policy
Board. 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 National Guard and
reserve components. The Board shall report directly to the Secretary to
provide independent advice and recommendations to the Secretary on
matters relating to the National Guard and reserve components.
``(b) Membership.--The Board consists of 20 members, appointed or
designated as follows:
``(1) A civilian chairman appointed by the Secretary of
Defense, who shall be a person who the Secretary determines has
the knowledge of, and experience in, policy matters relevant to
national security and National Guard and reserve component
matters required to carry out the duties of chairman.
``(2) Two reserve general officers designated by the
Secretary of Defense upon the recommendation of the Secretary
of the Army, one of whom shall be a member of the Army National
Guard of the United States and one of whom shall be a member of
the Army Reserve.
``(3) Two reserve officers designated by the Secretary of
Defense upon the recommendation of the Secretary of the Navy,
one of whom shall be a Navy Reserve flag officer and one of
whom shall be a Marine Corps Reserve general officer.
``(4) Two reserve general officers designated by the
Secretary of Defense upon the recommendation of the Secretary
of the Air Force, one of whom shall be a member of the Air
National Guard of the United States and one of whom shall be a
member of the Air Force Reserve.
``(5) One Coast Guard flag officer designated by the
Secretary of Homeland Security when the Coast Guard is not
operating as a service within the Department of the Navy, or
designated by the Secretary of Defense, upon the recommendation
of the Secretary of the Navy, when the Coast Guard is operating
as a service in the Navy under section 3 of title 14.
``(6) Ten persons appointed or designated by the Secretary
of Defense, each of whom shall be a United States citizen and
have significant knowledge of and experience in policy matters
relevant to national security and National Guard 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 on active
duty, or an officer of a reserve component in an active
status, who has served or is serving in a senior
position on the Joint Staff, a combatant command
headquarters staff, or a service headquarters staff.
``(7) A reserve officer of the Army, Navy, Air Force, or
Marine Corps who is a general or flag officer recommended by
the chairman and designated by the Secretary of Defense, who
shall serve without vote--
``(A) as military adviser to the chairman;
``(B) as military executive officer of the Board;
and
``(C) as supervisor of the Board operations and
staff.
``(8) A senior enlisted member of a reserve component
recommended by the chairman and appointed by the Secretary of
Defense, who shall serve without vote as enlisted military
adviser to the chairman.
``(c) Independent Advice.--In the case of a member of the Board who
is an officer or employee of the Department of Defense or a member of
the armed forces, the advice provided in that member's capacity as a
member of the Board shall be rendered independently of the Board
member's other duties as an officer or employee of the Department of
Defense or member of the armed forces.
``(d) Matters To Be Acted on.--The Board shall act on those matters
referred to it by the chairman and on any matter raised by a member of
the Board.
``(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 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 Reserve Forces Policy Board.
``(g) Inapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Board.
``(h) Employee Status and Compensation.--(1) A member of the Board
appointed under paragraph (1) or (6) of subsection (b) who is not, by
reason of service other than service with the Board, an employee of the
Federal Government or a member of the armed forces shall not be
considered a Federal Government employee by reason of service on the
Board except for the purposes of the following provisions of law:
``(A) Chapter 57 of title 5, relating to travel and
transportation.
``(B) Chapter 81 of title 5, relating to compensation for
work-related injuries.
``(C) Chapter 171 of title 28 and any other Federal statute
relating to tort liability.
``(D) Chapter 73 of title 5, sections 201, 202, 203, 205,
207, 208, and 209 of title 18, and the Ethics in Government Act
of 1978 (5 U.S.C. App.), relating to employee conduct, ethics,
conflict of interest, and corruption.
``(E) If the individual receives compensation under
paragraph (2), applicable provisions of subchapters II and VIII
of chapter 55 of title 5 (relating to pay withholdings and
settlement of accounts), section 459 of the Social Security Act
(42 U.S.C. 659) (relating to garnishment for child support and
alimony), and general employment laws that apply to the
compensation of both Federal and non-Federal employees, such as
the Federal Insurance Contributions Act.
``(2) A member of the Board described in paragraph (1)
shall serve without compensation unless the Secretary of
Defense approves payment of a rate of pay, subject to the
limitation in section 5373 of title 5.''.
(b) Board Membership Transition Provision.--The members of the
Reserve Forces Policy Board as of the date of the enactment of this Act
shall continue to serve on the Board in accordance with their
respective terms of service as of such date, and except to ensure that
the positions of chairman and military executive of the Board continue
to be filled, and to ensure that the reserve components listed in
paragraphs (1) through (7) of section 10101 of title 10, United States
Code, continue to have representation, no appointment or designation of
a member of the Board may be made after such date until the number of
voting members of the Board is fewer than 18. Once the number of voting
members is fewer than 18, vacancies in the Board membership shall be
filled in accordance with section 10301 of title 10, United States
Code, as amended by subsection (a).
(c) 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 National Guard and reserve component matter''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. REPEAL OF MANDATORY HIGH-DEPLOYMENT ALLOWANCE.
(a) Repeal of Authority for Payment of High-Deployment Allowance.--
(1) In general.--Section 436 of title 37, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by striking the
item relating to section 436.
(b) Repeal of Requirements Relating to Management of Deployment of
Members.--
(1) In general.--Section 991 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 50 of such title is amended by striking
the item relating to section 991.
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COUPLES WHEN ONE
IS ON SEA DUTY.
(a) In General.--Subparagraph (C) of section 403(f)(2) of title 37,
United States Code, is amended to read as follows:
``(C) Notwithstanding section 421 of this title, a
member of a uniformed service in a pay grade below pay
grade E-6 who is assigned to sea duty and is married to
another member of a uniformed service is entitled to a
basic allowance for housing subject to the limitations
of subsection (e).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2011.
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 CERTAIN 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.
(9) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
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.
(4) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAY.
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 329(j), relating to incentive bonus for retired
members and reserve component members volunteering for high-
demand, low-density assignments.
(9) Section 330(f), relating to accession bonus for officer
candidates.
(10) Section 331(h), relating to general bonus authority
for enlisted members.
(11) Section 332(g), relating to general bonus authority
for officers.
(12) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(13) Section 351(i), relating to hazardous duty pay.
(14) Section 352(g), relating to assignment pay or special
duty pay.
(15) Section 353(j), relating to skill incentive pay or
proficiency bonus.
(16) Section 355(i), 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
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.
SEC. 616. INELIGIBLITY OF CERTAIN FEDERAL GOVERNMENT EMPLOYEES FOR
INCOME REPLACEMENT PAYMENTS.
(a) Ineligibility for Payment.--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 is not
entitled to a payment under this section for any period during
which such employee is performing active duty service that is
covered by section 5538 of title 5, or a similar benefit under
another authority.''.
(b) Effective Date.--Paragraph (3) of such section 910(b) of title
37, United States Code, as added by subsection (a), shall apply to
payment for months beginning on or after the date of the enactment of
this Act.
Subtitle C--Travel and Transportation Allowances
SEC. 621. AUTHORIZED TRAVEL AND TRANSPORTATION FOR DESIGNATED PERSON
ATTENDANCE AT YELLOW RIBBON REINTEGRATION EVENTS.
(a) Travel and Transportation Authorization.--
(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: designated person at Yellow
Ribbon Reintegration events
``(a) Authorization.--Under uniform regulations prescribed by the
Secretaries concerned:
``(1) Travel and transportation may be allowed for a person
designated by a designating member of the uniformed services
described in subsection (c), consistent with subsection (d), if
the Secretary concerned determines that the presence of such a
designated person may contribute to the purposes of Yellow
Ribbon Reintegration Program events authorized under section
582 of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 122).
``(2) A member of the uniformed services who is a
designated person for purposes of this section may also be
allowed travel and transportation authorized in paragraph (1)
of this subsection.
``(b) Designated Person.--Subject to the discretion of the
Secretary concerned:
``(1) The term `designated person' means any person or
persons designated by a designating member of the uniformed
services described in subsection (c).
``(2) A designation of a person for purposes of this
section may be changed at any time.
``(c) Designating Member of the Uniformed Services.--A `designating
member of the uniformed services' means a member who may attend a
Yellow Ribbon Reintegration Program event.
``(d) Authorization and Expenses.--
``(1) The travel and transportation authorized under
subsection (a) applies to a designated person while away from
their home or place of business for the purpose of attending a
Yellow Ribbon Reintegration Program event.
``(2) The expenses associated with the travel and
transportation authorized under subsection (a) may be
reimbursed as an actual and necessary travel expense or paid as
an authorized per diem rate, or may be paid by using a
combination thereof, but not to exceed the rates established
under section 404(d) of this title.''.
(b) 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: designated person at Yellow Ribbon
Reintegration events.''.
Subtitle D--Retired Pay, Former Spouse, and Survivor Matters
SEC. 631. EXPANSION OF ELIGIBILITY FOR CONCURRENT RECEIPT OF RETIRED
PAY AND DISABILITY COMPENSATION.
(a) Phased Expansion.--Subsection (a) of section 1414 of title 10,
United States Code, is amended to read as follows:
``(a) Payment of Both Retired Pay and Compensation.--
``(1) In general.--(A) Subject to subsection (b), a member
or former member of the uniformed services who is entitled for
any month to retired pay and who is also entitled for that
month to veterans' disability compensation for a qualifying
service-connected disability (hereinafter in this section
referred to as a `qualified retiree') is entitled to be paid
both for that month without regard to sections 5304 and 5305 of
title 38.
``(B) During the period beginning on January 1, 2004, and
ending on December 31, 2013, payment of retired pay to a
qualified retiree is subject to subsection (c), except that
payment of retired pay is subject to subsection (c) only during
the period beginning on January 1, 2004, and ending on December
31, 2004, in the case of the following:
``(i) A qualified retiree receiving veterans'
disability compensation for a disability rated as 100
percent.
``(ii) A qualified retiree receiving veterans'
disability compensation at the rate payable for a 100
percent disability by reason of a determination of
individual unemployability.
``(C) Notwithstanding subsection (c), on or after January
1, 2011, a qualified retiree described in subparagraph (2)(B)
or (2)(C) is entitled to payment of both retired pay and
compensation under this subsection, subject to subsection (b).
``(2) Qualifying service-connected disability.--In this
section, the term `qualifying service-connected disability'
means--
``(A) in the case of a member or former member who is
receiving retired pay under any provision of law other than
chapter 61 of this title or who is receiving retired pay under
chapter 61 of this title and who is also otherwise entitled to
retired pay under any other section of this title, a service-
connected disability or combination of service-connected
disabilities that is rated as not less than 50 percent
disabling by the Secretary of Veterans Affairs;
``(B) in the case of a member or former member who is
receiving retired pay under chapter 61 of this title and who is
not also otherwise entitled to retired pay under any other
section of this title, a service-connected disability or
combination of service-connected disabilities that is rated at
the disabling level specified by the Secretary of Veterans
Affairs and is effective on or after the following dates:
``(i) January 1, 2011, rated 100 percent,
or a rate payable at 100 percent by reason of
individual unemployability or rated 90 percent;
``(ii) January 1, 2012, rated 80 percent or
70 percent; and
``(iii) January 1, 2013, rated 60 percent
or 50 percent; and
``(C) in the case of a member or former member who
is receiving retired pay under chapter 61 regardless of
being otherwise entitled to retired pay under any other
section of this title, a service-connected disability
or combination of service-connected disabilities that
is rated at the disabling level specified by the
Secretary of Veterans Affairs and is effective on or
after the following dates:
``(i) January 1, 2014, rated 40 percent or
30 percent; and
``(ii) January 1, 2015, any rating.''.
(b) Special Rules Modification.--Subsection (b) of such section is
amended to read as follows:
``(b) Special Rules for Chapter 61 Disability Retirees.--
``(1) General rule.--The retired pay of a member retired
under chapter 61 of this title is subject to reduction under
sections 5304 and 5305 of title 38, but only to the extent that
the amount of the member's retired pay under chapter 61 of this
title exceeds the amount of retired pay to which the member
would have been entitled under any other provision of law based
upon the member's service in the uniformed services if the
member had not been retired under chapter 61 of this title.
``(2) Special rule for chapter 61 retirees not otherwise
entitled to retired pay.--The retired pay of a member retired
under chapter 61 of this title who is not otherwise entitled to
retired pay under any other section of this title is subject to
reduction under sections 5304 and 5305 of title 38, but only to
the extent that the amount of the member's retired pay under
chapter 61 of this title exceeds the amount equal to 2\1/2\
percent of the member's years of creditable service multiplied
by the member's retired pay base under section 1406(b)(1) or
1407 of this title, whichever is applicable to the member.''.
(c) Conforming Amendment.--Subsection (c) of such section is
amended by striking ``the second sentence'' and inserting
``subparagraph (A)''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1414. Concurrent payment of retired pay and veterans' disability
compensation''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 71 of such
title is amended to read as follows:
``1414. Concurrent payment of retired pay and veterans' disability
compensation.''.
SEC. 632. AUTHORIZATION TO SUBMIT APPLICATION FOR DIRECT PAYMENT.
(a) Permit Application for Direct Payment by Member.--Section
1408(d) of title 10, United States Code, is amended in the first
sentence of paragraph (1) by inserting ``by a member or former member
or the spouse or former spouse of such member'' after ``the Secretary
concerned''.
(b) Conditions for Direct Payment.--Section 1408(d) of such title
is further amended by adding at the end the following new paragraph:
``(8) A former spouse who accepts payment shall be deemed--
``(A) to have consented and agreed to the recovery
of any future overpayments, including recovery by
involuntary collection from the former spouse or his or
her estate; and
``(B) to have agreed to give prompt notice in
writing to the Secretary if--
``(i) the operative court order upon which
payment is based is vacated, modified, or set
aside;
``(ii) the former spouse is ineligible for
alimony for any reason, including remarriage,
if all or a part of the payment is for alimony;
or
``(iii) the former spouse is ineligible for
child support payments for any reason,
including the death, emancipation, adoption, or
attainment of majority of a child whose support
is provided through direct payment to a former
spouse from retired pay.''.
(c) Effective Date.--The amendments made by this section shall
apply to applications for direct payment of retired pay submitted to
the Secretary concerned after the end of the 90-day period beginning on
the date of enactment of this Act.
SEC. 633. SURVIVOR BENEFIT PLAN: EXTENSION OF PERIOD FOR ELECTION
DEEMED TO HAVE BEEN MADE.
(a) In General.--Section 1450(f)(3)(C) of title 10, United States
Code, is amended by striking ``one year'' and inserting ``five years''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to divorces, dissolutions, annulments, or legal
separations that become effective after the end of the 90-day period
beginning on the date of enactment of this Act.
SEC. 634. PROHIBIT COURT-ORDERED PAYMENTS BEFORE RETIREMENT BASED ON
IMPUTATION OF RETIRED PAY.
(a) Authority.--Section 1408(c)(3) of title 10, United States Code,
is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) A court may not order a member to make
payments based upon an imputation of a property
interest in future retired pay of any kind to a spouse
or former spouse before the date of the member's actual
retirement.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to final court orders or court orders seeking enforcement of
prior final decrees issued on or after the date of the enactment of
this Act.
SEC. 635. AUTHORITY FOR MULTIPLE BENEFICIARY DESIGNATIONS UNDER
SURVIVOR BENEFIT PLAN.
(a) Permit Spouse and Former Spouse Coverage.--Section 1448(b)(2)
of title 10, United States Code, is amended--
(1) in subparagraph (B)--
(A) by striking ``prevents payment'' and inserting
``reduces the amount''; and
(B) by striking ``including payment'' and inserting
``including the amount of an annuity''; and
(2) in subparagraph (C), by striking ``which former spouse
is to be provided the annuity'' and inserting ``the base amount
applicable in determining the amount of the annuity of each
former spouse''.
(b) Permit Spouse and Former Spouse Annuities.--Section 1450(a)(1)
of such title is amended to read as follows:
``(1) Surviving spouse and former spouse.--The eligible
surviving spouse and every eligible former spouse.''.
(c) Permit Reductions in Retired Pay in the Case of Multiple
Beneficiaries.--Section 1452 of such title is amended by adding at the
end the following new subsection:
``(k) Reductions in Retired Pay in the Case of Multiple
Beneficiaries.--When a participant in the Plan has elected to provide
an annuity to a spouse and to one or more former spouses, reductions in
retired pay required by subsection (a) shall be made for each annuity
elected, in an amount based on the base amount applicable to each
annuity. In the case of a reduction in retired pay to provide an
annuity to a former spouse to whom payment of a portion of a member's
retired pay is being made pursuant to a court order under section 1408
of this title, such reduction in retired pay shall be deducted from the
amounts paid to such member, to such former spouse, or both, as
provided by court order or by agreement of the parties.''.
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c) apply with respect to elections made on or after the date of
enactment of this Act. Any election to provide an annuity to a spouse
or former spouse who was prevented from being a beneficiary under the
laws in effect before the date of enactment of this Act shall be made
within 180 days following the date of enactment of this Act.
(e) Coverage for Survivors of Retirement-Eligible Members Who Die
on Active Duty.--(1) Section 1448(d) of such title is amended--
(A) in paragraph (3), by striking ``the Secretary--
(A) may not pay an annuity under paragraph (1) or (2);
but (B)'' and inserting ``the Secretary''; and
(B) by amending paragraph (5) to read as follows:
``(5) Computation.--(A) The amount of an annuity payable to
a former spouse pursuant to paragraph (3) shall be computed on
the basis of a base amount equal to the amount of retired pay
that, under the authority of section 1408(c) of this title, is
treated under a court order or spousal agreement as the
property of such former spouse.
``(B) The amount of an annuity payable under paragraph (1)
or (2) shall be computed under section 1451(c) of this title;
however, the retired pay otherwise applicable with respect to
such computation shall be reduced by an amount equal to the
base amount that provides the basis for computing the amount of
an annuity payable to a former spouse under paragraph (3) of
this subsection.''.
(2) Effective date.--The amendments made by paragraph (1) shall
apply with respect to survivors of retirement-eligible members who die
on active duty on or after the date of enactment of this Act.
(f) Coverage for Survivors of Persons Dying When Eligible To Elect
Reserve-Component Annuity.--(1) Section 1448(f) of such title is
amended--
(A) in paragraph (3), by striking ``the Secretary--
(A) may not pay an annuity under paragraph (1) or (2);
but (B)'' and inserting ``the Secretary''; and
(B) by amending paragraph (4) to read as follows:
``(4) Computation.--(A) The amount of an annuity payable to
a former spouse pursuant to paragraph (3) shall be computed on
the basis of a base amount equal to the amount of retired pay
that, under the authority of section 1408(c) of this title, is
treated under a court order or spousal agreement as the
property of such former spouse.
``(B) The amount of an annuity payable under paragraph (1)
or (2) shall be computed under section 1451(c) of this title;
however, the retired pay otherwise applicable with respect to
such computation shall be reduced by an amount equal to the
base amount that provides the basis for computing the amount of
an annuity payable to a former spouse under paragraph (3) of
this subsection.''.
(2) Effective date.--The amendments made by paragraph (1) shall
apply with respect to survivors of persons eligible to elect reserve-
component annuity retirement-eligible members who die on or after the
date of enactment of this Act.
SEC. 636. AUTHORITY FOR DESIGNATION OF RESPONSIBILITY FOR PAYMENT OF
PREMIUMS FOR COVERAGE UNDER SURVIVOR BENEFIT PLAN.
(a) Spouse and Former Spouse Annuities.--Section 1452(a) of title
10, United States Code, is amended--
(1) in paragraph (1), by inserting ``paragraph (6) of this
subsection or'' after ``Except as provided in''; and
(2) by adding at the end the following new paragraph:
``(6) Court order.--If a court order requires the former
spouse to pay all or a part of the costs associated with
providing an annuity to the former spouse, the participant's
retired pay shall not be reduced by the portion that the former
spouse is required to pay. The portion of Plan costs that a
former spouse is required to pay pursuant to a Court order
under this paragraph must either be paid by direct remittance
or as a deduction from the former spouse's share of the
member's retired pay that is received by direct payment
pursuant to section 1408 of this title.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to divorces, dissolutions, annulments, or legal
separations that become effective after the end of the 90-day period
beginning on the date of enactment of this Act.
SEC. 637. ESTABLISHMENT OF PRESUMPTIVE PROPORTIONATE SHARE FOR FORMER
SPOUSE SURVIVOR ANNUITY UNDER SURVIVOR BENEFIT PLAN.
(a) Presumptive Base Amount for Former Spouse.--Section 1447(6) of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(D) Presumptive proportionate amount for former
spouse.--In the case of an annuity provided under the
Plan for a former spouse, unless otherwise agreed to by
the member and former spouse or ordered by a court,
such term means any amount of monthly retired pay,
which is not less than $300, payable to such former
spouse as a result of a court treating disposable
retired pay of a member as the property of the member
and his spouse under the authority of section
1408(c).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to divorces, dissolutions, annulments, and legal
separations that become effective after the end of the 90-day period
beginning on the date of enactment of this Act.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Administration
SEC. 701. CLARIFICATION OF LICENSURE REQUIREMENTS APPLICABLE TO
MILITARY HEALTH-CARE PROFESSIONALS WHO ARE MEMBERS OF THE
NATIONAL GUARD PERFORMING DUTY WHILE IN TITLE 32 STATUS.
Section 1094(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``or (3)'' after
``paragraph (2)'';
(2) in paragraph (2), by inserting ``as being 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 title 32
in response to an actual or potential disaster.''.
SEC. 702. HEALTH PROFESSIONS FINANCIAL ASSISTANCE PROGRAM FOR
CIVILIANS.
(a) Health Professions Financial Assistance Program.--Chapter 105
of title 10, United States Code, is amended--
(1) by redesignating subchapter II as subchapter III; and
(2) by inserting after subchapter I the following new
subchapter:
``SUBCHAPTER II--HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM FOR CIVILIANS
``Sec.
``2129. Definitions.
``2129a. Establishment.
``2129b. Eligibility for participation.
``2129c. Scholarships and financial assistance: payments.
``2129d. Recipients of financial assistance: service agreements.
``2129e. Recipients of financial assistance: employment by Department
of Defense.
``2129f. Expiration of authority under this subchapter.
``Sec. 2129. Definitions
``In this subchapter:
``(1) The term `program' means the Department of Defense
Health Professions Scholarship and Financial Assistance Program
for Civilians provided for in this subchapter.
``(2) The term `member of the program' means a person who
has been selected into the Department of Defense Health
Professions Scholarship and Financial Assistance Program for
Civilians.
``(3) The term `course of study' means education received
on a full-time basis at an accredited college, university, or
institution in medicine, dentistry, or other health profession,
leading to a degree related to the health professions as
determined under regulations prescribed by the Secretary of
Defense.
``(4) The term `specialized training' means advanced
training in a health professions specialty received in an
accredited program that is beyond the basic education required
for designation as a health professional.
``(5) The term `healthcare occupations' includes medical,
dental, licensed clinical professionals (such as licensed
clinical social workers and clinical psychologists), and other
healthcare related occupational specialties as determined by
the Secretary of Defense or the Secretary of a military
department as critical for meeting the health care needs of
members or their families, for medical, behavioral,
occupational or other illnesses or injuries.
``Sec. 2129a. Establishment
``(a) For the purpose of obtaining adequate numbers of qualified
civilian employees in the various health professions, the Secretary of
each military department, under regulations prescribed by the Secretary
of Defense, may establish and maintain a health professions scholarship
and financial assistance program for civilians.
``(b) The Secretary of each military department shall review
requirements within the various healthcare occupations on an annual
basis and shall annually publish a list of those healthcare occupations
for which applications will be accepted by that military department
under the program for that fiscal year.
``(c) The program shall consist of courses of study and specialized
training in designated health professions, and include the required
internships, residencies, and other service in Department of Defense
designated medical facilities.
``Sec. 2129b. Eligibility for participation
``Under the program under this subchapter, the Secretary of a
military department may award a scholarship in accordance with this
subchapter to a person who--
``(1) is a citizen of the United States;
``(2) is accepted for admission to an accredited
institution of higher learning to pursue a course of study that
will lead to an undergraduate or graduate degree that would
qualify the person to be employed in an occupation identified
pursuant to section 2129a(b) of this title or is already
pursuing such a course of study; and
``(3) enters into a service agreement with the Secretary as
described in section 2129d of this title.
``Sec. 2129c. Scholarships and financial assistance: payments
``(a) The amount of financial assistance provided under a
scholarship awarded to a person under this subchapter shall be an
amount determined by the Secretary of the military department concerned
for educational expenses, and expenses incurred by that person,
including tuition, fees, cost of books, laboratory expenses, and
equipment expenses.
``(b) The Secretaries of the military departments may contract with
an accredited civilian educational institution for the payment of
tuition and other educational expenses of members of the program
authorized by this subchapter. Payment to such institutions may be made
without regard to subsections (a) and (b) of section 3324 of title 31.
``(c) In addition to a scholarship, a member of the program may be
entitled to a stipend at a monthly rate established by the Secretary of
Defense in addition to the expenses in subsection (a), but not to
exceed a total of $12,000 per year. The maximum amount of the stipend
may be increased annually by the Secretary of Defense, effective July 1
of each year.
``(d) A person participating as a member of the program in
specialized training may be paid a grant in an amount up to $2,500 per
year in addition to the stipend under subsection (d). The maximum
amount of the grant may be increased annually by the Secretary of
Defense, effective July 1 of each year.
``(e) Financial assistance provided under this subchapter may be
paid directly to the recipient or to an administering entity for
disbursement of the funds.
``(f) Financial assistance may not be provided under this
subchapter to or on behalf of a person who is considered to be an
employee, as that term is defined at section 2105 of title 5.
``Sec. 2129d. Recipients of financial assistance: service agreements
``(a) Service Agreements.--
``(1) To receive financial assistance under this
subchapter, the person shall enter into a written agreement to
accept and continue employment in the Department of Defense in
a qualifying healthcare occupation for the period of obligated
service determined under subsection (b).
``(2) Each service agreement under this section shall
include a requirement that, unless sooner removed from the
program, the recipient of the financial assistance will--
``(A) complete the educational phase of the
program;
``(B) participate in an intern program within the
Department of Defense if selected for such
participation; and
``(C) participate in a residency program within the
Department of Defense if selected for such
participation.
``(b) Obligated Service.--For the purposes of this subchapter, the
period of obligated service to be specified in an agreement under this
section for a recipient of financial assistance under this subchapter
shall be the period determined by the Secretary of Defense as being
appropriate to obtain adequate service in exchange for such financial
assistance. The period of the service obligation required of a
recipient shall be continuous and shall, at a minimum, be equal to the
amount of time for which such financial assistance was provided. The
period of obligated service under an agreement under this section is in
addition to any other period for which the recipient is obligated to
serve in the civilian service of the United States.
``(c) Additional Terms and Conditions.--An agreement entered into
under this section by a person pursuing an academic degree shall
include any terms and conditions that the Secretary of Defense or the
Secretary of the military department concerned determine necessary to
protect the interests of the United States or to be otherwise
appropriate for carrying out this subchapter, including flexibility in
determining the geographic location of the position in which the period
of obligated service will be performed.
``(d) Reimbursement for Period of Unserved Obligated Service.--
``(1) A member of the program under this subchapter who
fails to complete the educational program for which financial
assistance has been provided under this subchapter, or fails to
maintain satisfactory academic progress as determined in
accordance with regulations prescribed by the Secretary of
Defense, or fails to carry out the terms of a service agreement
entered into by that individual under this subchapter, shall
reimburse to the United States an appropriate amount, as
determined by the Secretary of the military department
concerned.
``(2) An obligation to reimburse to the United States an
amount paid to a person as a member of the program that is
imposed under paragraph (1) is for all purposes a debt owed to
the United States.
``(3) The Secretary of Defense may waive, in whole or in
part, a reimbursement required under paragraph (1) if the
Secretary determines that recovery would be against equity and
good conscience or would be contrary to the best interests of
the United States.
``(4) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement under this subchapter does not discharge the person
signing such agreement from a debt arising under such agreement
or under this subchapter.
``Sec. 2129e. Recipients of financial assistance: employment by
Department of Defense
``(a) The Secretary of Defense--
``(1) may, without regard to any provision of title 5
governing appointment of employees to positions in the
Department of Defense, appoint to a position in the Department
of Defense in the excepted service a person who has
successfully completed an academic program for which a
scholarship under this section was awarded and who, under the
terms of the agreement for such scholarship, owes a civil
service commitment to the Department at the time of such
appointment; and
``(2) may, upon satisfactory completion of two years of
substantially continuous service by an incumbent who was
appointed to an excepted service position under the authority
of paragraph (1), convert the appointment of such person,
without competition, to a career or career conditional
appointment in the competitive service.
``(b) If there is no appropriate position available within the
Department of Defense after the end of the period covered by financial
assistance, the service agreement between the Department of Defense and
the scholarship or fellowship recipient shall terminate with no adverse
impact to the recipient.
``Sec. 2129f. Expiration of authority under this subchapter
``The authority to provide scholarships under this subchapter shall
expire on September 30, 2015.''.
(b) Technical Amendments.--
(1) Chapter 105 of such title is further amended--
(A) in the chapter heading, by striking the first
two words after the chapter designation; and
(B) in the table of subchapters at the beginning of
such chapter, by striking the item relating to
subchapter II and inserting the following:
``II. Health Professions Scholarship and Financial 2129
Assistance Program for
Civilians.
``III. Nurse Officer Candidate Accession Program............ 2130a''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part III of subtitle A, of such title
are each amended by striking the first two words in the item
relating to chapter 105.
SEC. 703. AGE FOR HEALTH CARE PROFESSIONAL APPOINTMENTS AND MANDATORY
RETIREMENTS.
(a) Age for Original Appointment as a 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) by striking ``or'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) 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 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 inserting before the period at the end the
following: ``or, in the case of an officer who is a health
professions officer for purposes of this subsection by reason
of paragraph (2)(D), the officer will be performing duties
consisting primarily of providing health care (in the case of
an officer in a class of officers designated under clause (i)
of such paragraph), performing other clinical care (in the case
of an officer in a class of officers designated under clause
(ii) of such paragraph), or performing health-care related
administrative duties (in the case of an officer in a class of
officers designated under clause (iii) of such paragraph)''.
SEC. 704. REIMBURSEMENT FOR COSTS OF HEALTH CARE PROVIDED TO INELIGIBLE
INDIVIDUALS WHO ARE DEPENDENTS OR FORMER DEPENDENTS.
(a) Reimbursement Authority.--Section 1073 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Responsibility of Member.--(1) For purposes of eligibility
for health care services under this chapter for a dependent of a member
or former member, it is the responsibility of the member or former
member to ensure that accurate and up-to-date information, including
notification of any change in eligibility status, is provided to the
Secretary concerned.
``(2)(A) In the event that the Secretary concerned incurs costs in
providing health care services to an individual not eligible under this
chapter for such services due to the unexcused failure of a member or
former member to comply with the member's or former member's
responsibility under paragraph (1), the member or former member shall
reimburse the Secretary concerned for such costs. Such a failure may be
excused by the Secretary concerned if the member or former member
demonstrates to the satisfaction of the Secretary concerned that such
failure was due to no fault of the member or former member.
``(B) Any amount collected by the Secretary concerned under this
subsection shall be credited to the appropriation available for health
care services for the fiscal year in which such amount is collected.
``(C) A member or former member administratively determined to be
indebted to the United States under this subsection is a jointly and
severally liable with the individual provided care and with any other
party with legal responsibility for reimbursing the Secretary for the
costs of such care. Administrative establishment of a debt under this
subsection, or collection of an amount by the Secretary concerned under
this subsection, shall not affect any rights of the Secretary to
collect costs of providing health care services from an individual
ineligible under this chapter for such care or from collecting the
costs of such care from other parties with legal responsibility for
reimbursing the Secretary for the costs of such care. Excusal by the
Secretary concerned of responsibility of a member or former member
shall not affect any rights of the Secretary to collect costs of
providing health care services from an individual ineligible under this
chapter for such care or from collecting the costs of such care from
other parties with legal responsibility for reimbursing the Secretary
for the costs of such care.
``(3) An administratively determined debt of a member or former
member under this subsection may be collected through any means
authorized by law. Such means may include a deduction (including
deduction from pay under section 1007 of title 37) from any pay,
retired pay, or other amount to which the member or former member is
otherwise entitled. In the case of any deduction from pay or retired
pay under this paragraph, the reduction shall be in an amount
determined appropriate by the Secretary concerned, but may not exceed
one-half of the amount to which the member or former member is
otherwise entitled.''.
(b) Effective Date.--Subsection (c)(2) of section 1073 of title 10,
United States Code, as added by subsection (a), shall apply to costs
incurred by the Secretary concerned for health care services after the
date of the enactment of this Act.
SEC. 705. CLARIFICATION OF AUTHORITY FOR TRANSFER OF MEDICAL RECORDS
FROM THE DEPARTMENT OF DEFENSE TO THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Section 1614(b)(11) of the Wounded Warrior Act
(title XVI of Public Law 110-181; 122 Stat. 445; 10 U.S.C. 1071 note)
is amended by inserting before the period at the end the following:
``or that such transfer is otherwise authorized by the regulations
implementing such Act''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in section 1614 of such Act as enacted on
January 28, 2008.
Subtitle B--Other Matters
SEC. 711. UPDATED TERMINOLOGY FOR THE MEDICAL SERVICE CORPS.
Section 3068(a)(5) 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''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitation
SEC. 801. REPEAL OF SMALL BUSINESS COMPETITIVENESS DEMONSTRATION
PROGRAM.
Sections 702 through 722 of the Small Business Competitiveness
Demonstration Program Act of 1988 (15 U.S.C. 644 note) are repealed.
SEC. 802. PERMANENT AUTHORITY FOR DEFENSE ACQUISITION CHALLENGE
PROGRAM.
Section 2359b of title 10, United States Code, is amended by
striking subsections (j) and (k).
SEC. 803. INCREASE IN AMOUNT OF DISCRETIONARY TECHNICAL ASSISTANCE
AUTHORIZED UNDER SMALL BUSINESS INNOVATION RESEARCH
PROGRAM.
Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is
amended--
(1) in paragraph (2), by inserting ``or vendors'' after
``vendor''; and
(2) in paragraph (3)--
(A) by striking ``$4,000'' in subparagraph (A) and
inserting ``$5,000''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Second phase.--Each agency referred to in
paragraph (1) may directly provide to any second phase
SBIR award recipient services described in paragraph
(1), or may authorize any such recipient to purchase
such services with funds available from their SBIR
awards, in an amount equal to not more than $5,000 per
year, per award.''.
SEC. 804. LIMITED AUTHORITY UNDER SMALL BUSINESS INNOVATION RESEARCH
AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAMS TO USE
PROGRAM FUNDS FOR ADMINISTRATIVE AND PROGRAM MANAGEMENT
COSTS.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
(1) in subsection (f)(2)(A), by striking ``any'' and
inserting ``more than 3.0 percent''; and
(2) in subsection (n)(2)(A), by striking ``any'' and
inserting ``more than 3.0 percent''.
SEC. 805. REVISION AND FOUR-YEAR EXTENSION OF TEST PROGRAM FOR
NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS
SUBCONTRACTING PLANS.
(a) Revision of Program.--Subsection (b) of section 834 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 15 U.S.C. 637 note) is amended by adding at the
end the following new paragraph:
``(4) No contractor may be approved as a new participant in
the program after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2011.''.
(b) Four-Year Extension of Program.--Subsection (e) of such section
is amended by striking ``September 30, 2010'' and inserting ``September
30, 2014''.
SEC. 806. 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 inserting ``(1)'' before ``If the Secretary'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(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 are not required
for the major defense acquisition program as a whole, but shall
be submitted at the designated major subprogram level.''.
(b) Conforming Amendments to Section 2366a.--Section 2366a of such
title is amended--
(1) in subsections (a), (b)(1), and (b)(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) The term `designated major subprogram' means a major
subprogram of a major defense acquisition program as designated
under section 2430a(a)(1) of this title.''.
(c) Conforming Amendments to Section 2366b.--Section 2366b of such
title is amended--
(1) in subsections (a), (b)(1), and (c)(1)--
(A) by inserting ``or designated major subprogram''
after ``major defense acquisition program''; and
(B) by inserting ``or subprogram'' after
``program'' each place it appears (other than after
``major defense acquisition program'', after ``future-
years defense program'', and after ``space program'');
and
(2) in subsection (g)--
(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) The term `designated major subprogram' means a major
subprogram of a major defense acquisition program as designated
under section 2430a(a)(1) of this title.''.
(d) Conforming Amendments to Section 2399.--Section 2399(a)(2) of
such title is amended--
(1) in the matter preceding subparagraph (A), by inserting
``that is designed for use in combat and'' after ``weapons
system'';
(2) by striking ``and'' at the end of subparagraph (A) and
inserting ``or''; and
(3) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B) is designated under section 2430a(a)(1) of
this title as a major subprogram of a 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) 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 is this section to a program shall
be treated as including such a subprogram.''.
Subtitle B--Other Matters
SEC. 811. FIVE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE MENTOR-PROTEGE
PROGRAM.
(a) Extension of Program.--Subsection (j) of section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note), is amended--
(1) in paragraph (1), by striking ``September 30, 2010''
and inserting ``September 30, 2015''; and
(2) in paragraph (2), by striking ``September 30, 2013''
and inserting ``September 30, 2018''.
(b) Extension of Requirement for Annual Report.--Subsection (l)(3)
of such section is amended by striking ``2010'' and inserting ``2015''.
SEC. 812. AUTHORITY FOR WORKING-CAPITAL FUNDED ARMY INDUSTRIAL
FACILITIES AND ARSENALS TO SELL ARTICLES AND SERVICES
OUTSIDE THE DEPARTMENT OF DEFENSE.
(a) Revision of Authority To Sell Articles and Services.--Paragraph
(2) of section 2563(a) of title 10, United States Code, is amended to
read as follows:
``(2) Articles and services referred to in paragraph (1)
are articles and services that are manufactured or performed by
any working-capital funded industrial facility of the armed
forces.''.
(b) Conforming Repeal of Limitations on Sale of Manufactured
Articles or Services by Army Industrial Facilities.--(1) Section 4543
of such title is repealed.
(2) The table of sections at the beginning of chapter 433 of such
title is amended by striking the item relating to section 4543.
SEC. 813. CLARIFICATION OF REQUIREMENTS FOR HAND OR MEASURING TOOLS.
Section 2533a(c) of title 10, United States Code, is amended by
striking ``subsection (b)(1)'' and inserting ``subsection (b)''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. REALIGNMENT OF THE ORGANIZATIONAL STRUCTURE OF THE OFFICE OF
THE SECRETARY OF DEFENSE TO CARRY OUT THE REDUCTION
REQUIRED BY LAW IN THE NUMBER OF DEPUTY UNDER SECRETARIES
OF DEFENSE.
(a) Redesignation of Certain Positions in the Office of the
Secretary of Defense.--Positions in the Office of the Secretary of
Defense of the Department of Defense are hereby redesignated as
Assistant Secretaries of Defense as follows:
(1) The Director of Defense Research and Engineering is
redesignated as the Assistant Secretary of Defense for Research
and Engineering.
(2) The Director of Operational Energy Plans and Programs
is redesignated as the Assistant Secretary of Defense for
Operational Energy Plans and Programs.
(3) The Director of Cost Assessment and Program Evaluation
is redesignated as the Assistant Secretary of Defense for Cost
Assessment and Program Evaluation.
(4) The Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs is redesignated as
the Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.
(b) Amendments to Chapter 4 of Title 10 Relating to Realignment.--
Chapter 4 of title 10, United States Code, is amended as follows:
(1) Repeal of separate deputy under secretary provisions.--
The following sections are repealed: section 133a, 134a, and
136a.
(2) Components of osd.--Section 131(b) is amended to read
as follows:
``(b) The Office of the Secretary of Defense is 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) The Principal Deputy Under Secretaries of Defense.
``(5) The Assistant Secretaries of Defense.
``(6) Other officers who are appointed by the President, by
and with the advice and consent of the Senate, as follows:
``(A) The Director of Operational Test and
Evaluation.
``(B) The General Counsel of the Department of
Defense.
``(C) The Inspector General of the Department of
Defense.
``(7) Other officials provided for by law, as follows:
``(A) The official designated under section 1501(a)
of this title to have responsibility for Department of
Defense policy relating to missing persons.
``(B) The official designated under section 1781 of
this title to have responsibility for Department of
Defense policy related to military families.
``(C) The official designated under section 2228(a)
of this title to have responsibility for Department of
Defense policy related to the prevention and mitigation
of corrosion of the military equipment and
infrastructure of the Department of Defense.
``(D) The officials designated under subsections
(a) and (b) of section 2438(a) of this title to have
responsibility, respectively, for developmental test
and evaluation and for systems engineering.
``(E) The official designated under section
2438a(a) of this title to have responsibility for
conducting and overseeing performance assessments and
root cause analyses for major defense acquisition
programs.
``(F) The Director of Small Business Programs,
provided for under section 2508 of this title.
``(8) Such other offices and officials as may be
established by law or the Secretary of Defense may establish or
designate in the Office.''.
(3) Principal deputy under secretaries of defense.--Section
137a is amended--
(A) in subsections (a)(1), (b), and (d), by
striking ``Deputy Under'' each place it appears and
inserting ``Principal Deputy Under'';
(B) in subsection (a)(2), by striking ``(A) The''
and all that follows through ``(5) of subsection (c)''
and inserting ``The Principal Deputy Under Secretaries
of Defense'';
(C) in subsection (c)--
(i) by striking ``One of the Deputy'' in
paragraphs (1), (2), (3), (4), and (5) and
inserting ``One of the Principal Deputy'';
(ii) by striking ``appointed'' and all that
follows through ``this title'' in paragraphs
(1), (2), and (3);
(iii) by striking ``shall be'' in
paragraphs (4) and (5) and inserting ``is'';
and
(iv) by adding at the end of paragraph (5)
the following new sentence: ``Any individual
nominated for appointment as the Principal
Deputy Under Secretary of Defense for
Intelligence shall have extensive intelligence
expertise.''; and
(D) by adding at the end of subsection (d) the
following new sentence: ``The Principal Deputy Under
Secretaries take precedence among themselves in the
order prescribed by the Secretary of Defense.''.
(4) Assistant secretaries of defense.--Section 138 is
amended--
(A) in subsection (a)--
(i) by striking ``12'' and inserting
``17''; and
(ii) by striking ``(A) The'' and all that
follows through ``The other'' and inserting
``The'';
(B) in subsection (b)--
(i) by striking ``shall be'' in paragraphs
(2), (3), (4), (5), and (6) and inserting
``is'';
(ii) by striking ``appointed pursuant to
section 138a of this title'' in paragraph (7);
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 Cost Assessment and Program
Evaluation. In addition to any duties and powers prescribed
under paragraph (1), the Assistant Secretary of Defense for
Cost Assessment and Program Evaluation shall have the duties
specified in section 138d of this title.
``(11) One of the Assistant Secretaries is the 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 138e of this
title.''; and
(C) in subsection (d), by striking ``and the
Director of Defense Research and Engineering'' and
inserting ``the Deputy Chief Management Officer of the
Department of Defense, and the Principal Deputy Under
Secretaries of Defense''.
(5) Assistant secretary for logistics and materiel
readiness.--Section 138a(a) 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 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'' and inserting
``Assistant Secretary of Defense for''; and
(D) in subsection (b), as so redesignated--
(i) in paragraph (1), by striking
``Director of Defense Research and Engineering,
in consultation with the Director of
Developmental Test and Evaluation'' and
inserting ``Assistant Secretary of Defense for
Research and Engineering, in consultation with
the official designated under section 2438(a)
of this title to have responsibility for
developmental test and evaluation functions'';
and
(ii) in paragraph (2), by striking
``Director'' and inserting ``Assistant
Secretary''.
(7) Assistant secretary for operational energy plans and
programs.--Section 139b is transferred so as to appear after
section 138b (as transferred and redesignated by paragraph
(6)), 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 cost assessment and program
evaluation.--Section 139c is transferred so as to appear after
section 138c (as transferred and redesignated 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--
(i) striking ``Director of'' in paragraph
(1) and inserting ``Assistant Secretary of
Defense for''; and
(ii) striking ``Director'' each place it
appears in paragraphs (1)(A), (1)(B), and (2)
and inserting ``Assistant Secretary'';
(C) by striking subsection (c) and inserting the
following:
``(b) Responsibility for Specified Functions.--There shall be
within the office of the Assistant Secretary the following:
``(1) An official with primary responsibility for cost
assessment.
``(2) An official with primary responsibility for program
evaluation.''; and
(D) by redesignating subsection (d) as subsection
(c) and in that subsection striking ``Director of'' in
the matter preceding paragraph (1) and inserting
``Assistant Secretary of Defense for''.
(9) Assistant secretary for nuclear, chemical, and
biological defense programs.--Section 142 is transferred so as
to appear after section 138d (as redesignated and transferred
by paragraph (8)), redesignated as section 138e, and amended--
(A) by striking subsection (a);
(B) by striking ``(b) The Assistant to the
Secretary'' and inserting ``The Assistant Secretary of
Defense for Nuclear, Chemical, and Biological Defense
Programs''; and
(C) by striking subsection (c).
(c) Other Amendments to Chapter 4 of Title 10.--Chapter 4 of title
10, United States Code, is further amended as follows:
(1) Office of the secretary of defense.--Section 131(a) is
amended by striking ``his'' and inserting ``the Secretary's''.
(2) Deputy secretary.--Section 132 is amended--
(A) by striking the second sentence of subsection
(c); and
(B) by redesignating the second subsection (d) as
subsection (e).
(3) Deputy chief management officer.--Such chapter is
further amended by inserting after section 132 the following
new section:
``Sec. 132a. Deputy Chief Management Officer
``(a) 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) 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) 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.''.
(4) Under secretary of defense (comptroller).--Section
135(c) is amended by striking ``clauses'' and inserting
``paragraphs''.
(d) Repeal of Position Titles Specified by Law for Statutory
Positions Relating to Developmental Test and Evaluation and Systems
Engineering.--
(1) Transfer of section from chapter 4 to programmatic
chapter.--Section 139d of title 10, United States Code, is
transferred to chapter 144, inserted after section 2437, and
redesignated as section 2438.
(2) Director of developmental test and evaluation.--
Subsection (a) of such section is amended--
(A) by striking ``(a) Director of'' and all that
follows through paragraph (3) and inserting the
following:
``(a) Developmental Test and Evaluation.--
``(1) Designation of responsible official.--The Secretary
of Defense shall designate, from among individuals with
expertise in test and evaluation, an official to be responsible
to the Secretary and the Under Secretary of Defense for
Acquisition, Technology, and Logistics for developmental test
and evaluation in the Department of Defense.
``(2) Supervision.--The official designated under paragraph
(1) shall report directly to an official of the Department
appointed from civilian life by the President, by and with the
advice and consent of the Senate.'';
(B) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (3), (4), (5), and (6), respectively;
(C) in paragraph (3), as so redesignated, by
striking ``Director of systems engineering'' and all
that follows through ``Director of Systems
Engineering'' and inserting ``Systems engineering.--The
official designated under paragraph (1) shall closely
coordinate with the official designated under
subsection (b)'';
(D) in paragraph (4), as so redesignated, by
striking ``Director'' in the matter preceding
subparagraph (A) and inserting ``official designated
under paragraph (1)'';
(E) in paragraph (5), as so redesignated--
(i) by striking ``Director has'' and
inserting ``official designated under paragraph
(1) has'';
(ii) by striking ``Director considers'' and
inserting ``designated official considers'';
and
(iii) by striking ``the Director's duties''
and inserting ``that official's duties''; and
(F) in paragraph (6), as so redesignated, by
striking ``serving as the Director of Developmental
Test and Evaluation'' and inserting ``official
designated under paragraph (1)''.
(3) Director of systems engineering.--Subsection (b) of
such section is amended--
(A) by striking ``(b) Director of'' and all that
follows through paragraph (3) and inserting the
following:
``(b) Systems Engineering.--
``(1) Designation of responsible official.--The Secretary
of Defense shall designate, from among individuals with
expertise in systems engineering, an official to be responsible
to the Secretary and the Under Secretary of Defense for
Acquisition, Technology, and Logistics for systems engineering
and development planning in the Department of Defense.
``(2) Supervision.--The official designated under paragraph
(1) shall report directly to an official of the Department
appointed from civilian life by the President, by and with the
advice and consent of the Senate.'';
(B) by redesignating paragraphs (4), (5), and (6)
as paragraphs (3), (4), and (5), respectively;
(C) in paragraph (3), as so redesignated, by
striking ``Director of developmental test and
evaluation'' and all that follows through ``Director of
Developmental Test and Evaluation'' and inserting
``developmental test and evaluation.--The official
designated under paragraph (1) shall closely coordinate
with the official designated under subsection (a)'';
(D) in paragraph (4), as so redesignated, by
striking ``Director'' in the matter preceding
subparagraph (A) and inserting ``official designated
under paragraph (1)''; and
(E) in paragraph (5), as so redesignated--
(i) by striking ``Director shall'' and
inserting ``official designated under paragraph
(1) shall'';
(ii) by striking ``Director considers'' and
inserting ``designated official considers'';
and
(iii) by striking ``the Director's duties''
and inserting ``that official's duties''.
(4) Joint annual report.--Subsection (c) of such section is
amended in the matter preceding paragraph (1)--
(A) by striking ``beginning in 2010,'';
(B) by striking ``Director of Developmental Test
and Evaluation and the Director of Systems
Engineering'' and inserting ``officials designated
under subsections (a) and (b)'';
(C) by striking ``subsections (a) and (b)'' and
inserting ``those subsections''; and
(D) by inserting ``such'' after ``Each''.
(5) Joint guidance.--Subsection (d) of such section is
amended in the matter preceding paragraph (1)--
(A) by striking ``Director of Developmental Test
and Evaluation and the Director of Systems
Engineering'' and inserting ``officials designated
under subsections (a) and (b)''; and
(B) by striking ``section 103 of the Weapon Systems
Acquisition Reform Act of 2009'' and inserting
``section 2438a of this title''.
(6) Repeal of redundant definition.--Subsection (e) of such
section is repealed.
(e) Codification of Section 103 of Weapon Systems Acquisition
Reform Act of 2009.--
(1) Codification.--Chapter 144 of title 10, United States
Code, is amended by inserting after section 2438 (as
transferred and redesignated by subsection (d)), a new section
2438a consisting of--
(A) a section heading as follows:
``Sec. 2438a. Performance assessments and root cause analyses'';
and
(B) a text consisting of the text of section 103 of
the Weapon Systems Acquisition Reform Act of 2009
(Public Law 111-23; 123 Stat. 1715; 10 U.S.C. 2430
note), modified as specified in paragraph (2).
(2) Technical amendments due to codification.--The
modifications referred to in paragraph (1)(B) to the text
specified in that paragraph are--
(A) 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'';
(B) in subsection (b)(5)--
(i) by striking ``section 2433a of title
10, United States Code (as so added)'' and
inserting ``section 2433a of this title''; and
(ii) by striking ``prior to'' both places
it appears and inserting ``before'';
(C) in subsection (d), by striking ``section 2433a
of title 10, United States Code (as so added)'' and
inserting ``section 2433a of this title''; and
(D) in subsection (f), by striking ``beginning in
2010,''.
(f) Transfer of Section Providing for Director of Small Business
Programs.--Section 144 of title 10, United States Code, is transferred
to chapter 148, inserted after section 2507, and redesignated as
section 2508.
(g) Repeal of Statutory Requirement for 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: ``Missing Personnel Oversight.--'';
(2) in paragraph (1)--
(A) by striking ``establish within the Office of
the Secretary of Defense an office'' in the first
sentence and inserting ``designate within the Office of
the Secretary of Defense an official'';
(B) by striking the second sentence; and
(C) by striking ``of the office'' and inserting
``of the official designated under this paragraph'';
(3) in paragraph (2)--
(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)'';
(4) in paragraphs (3) and (4), by striking ``office'' and
inserting ``designated official''; and
(5) in paragraph (5)--
(A) in subparagraph (A)--
(i) by striking ``office'' both places it
appears and inserting ``designated official'';
and
(ii) by inserting before the period at the
end the following: ``to that official with
respect to such designation'';
(B) in subparagraph (B)(i)--
(i) by striking ``to the office'' and
inserting ``to support the functions of the
designated official''; and
(ii) by inserting ``or authorized'' after
``required'';
(C) in subparagraph (B)(ii)--
(i) by striking ``to the office'' and
inserting ``to support the functions of the
designated official''; and
(ii) by striking ``of the office'' and
inserting ``to support those functions''; and
(D) in subparagraph (C), by striking ``office'' and
inserting ``designated official''.
(h) Repeal of Statutory Requirement for Office for Family Policy in
OSD.--Section 1781 of title 10, United States Code, is amended--
(1) by striking subsection (a);
(2) by striking ``(b) Duties.--The Office--'' and inserting
``The Secretary of Defense shall designate within the Office of
the Secretary of Defense an official to have responsibility for
Department of Defense policy related to military families. The
official so designated--''; and
(3) by striking subsection (c).
(i) Repeal of Statutory Requirement for Office for Corrosion Policy
and Oversight in OSD.--Section 2228 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking the subsection designation and all
that follows through paragraph (2) and inserting the
following:
``(a) Designation of Responsible Official.--(1) The Secretary of
Defense shall designate, from among civilian employees of the
Department of Defense with the qualifications described in paragraph
(3), an official to be responsible to the Secretary of Defense and the
Under Secretary of Defense for Acquisition, Technology, and Logistics
for the prevention and mitigation of corrosion of the military
equipment and infrastructure of the Department of Defense.
``(2) The official designated under paragraph (1) shall report
directly to an official of the Department appointed from civilian life
by the President, by and with the advice and consent of the Senate.'';
(B) in paragraph (3), by striking ``assigned to the
position of Director'' and inserting ``designated under
paragraph (1)''; and
(C) in paragraph (4), by striking ``of Director''
and inserting ``held by the official designated under
paragraph (1)''.
(2) in subsection (b)--
(A) by striking ``Director of Corrosion Policy and
Oversight (in this section referred to as the
`Director')'' in paragraph (1) and inserting ``official
designated under subsection (a)''; and
(B) by striking ``Director'' in paragraphs (2),
(3), (4), and (5) and inserting ``designated
official'';
(3) in subsection (c), by striking ``Additional
Authorities'' and all that follows through ``authorized to--''
and inserting ``Authorities.--The official designated under
subsection (a) may--''; and
(4) in subsection (e), by striking ``beginning with the
budget for fiscal year 2009,''.
(j) Repeal of Statutory Limitation on Number of Deputy Under
Secretaries of Defense.--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 repealed.
(k) Conforming Amendments to Title 10.--Title 10, United States
Code, is amended as follows:
(1) The following sections are amended by striking
``Director of Cost Assessment and Program Evaluation'' and
inserting ``Assistant Secretary of Defense for Cost Assessment
and Program Evaluation'': sections 181(d), 2306b(i)(1)(B),
2366a(a)(4), 2366a(a)(5), 2366b(a)(1)(C), 2433a(a)(2),
2433a(b)(2)(C), 2434(b)(1)(A), and 2445c(f)(3).
(2) Section 179(c) is amended--
(A) by striking ``Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense
Programs'' in paragraphs (2) and (3) and inserting
``Assistant Secretary of Defense for Nuclear, Chemical,
and Biological Defense Programs''; and
(B) by striking ``to the'' in paragraph (3).
(3) Section 2272 is amended by striking ``Director of
Defense Research and Engineering'' each place it appears and
inserting ``Assistant Secretary of Defense for Research and
Engineering''.
(4) Section 2334 is amended--
(A) by striking ``Director of Cost Assessment and
Program Evaluation'' each place it appears and
inserting ``Assistant Secretary of Defense for Cost
Assessment and Program Evaluation''; and
(B) by striking ``Director'' each place it appears
(other than as specified in subparagraph (A)) and
inserting ``Assistant Secretary''.
(5) Section 2365 is amended--
(A) in subsection (a), by striking ``Director of
Defense Research and Engineering'' and inserting
``Assistant Secretary of Defense for Research and
Engineering'';
(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''.
(6) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and
2517(a) are amended by striking ``Director of Defense Research
and Engineering'' and inserting ``Assistant Secretary of
Defense for Research and Engineering''.
(7) Section 2902(b) is amended--
(A) in paragraph (1), by striking ``Deputy Under
Secretary of Defense for Science and Technology'' and
inserting ``official within the Office of the Assistant
Secretary of Defense for 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''.
(l) Other Conforming Amendments.--
(1) 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''.
(2) Section 201(d) of the Weapon Systems Acquisition Reform
Act of 2009 (10 U.S.C. 181 note) is amended--
(A) by striking ``The Director of Cost Assessment
and Program Evaluation'' and inserting ``The Assistant
Secretary of Defense for Cost Assessment and Program
Evaluation''; and
(B) by striking ``the Director'' and inserting
``the Assistant Secretary''.
(m) Section Heading and Clerical Amendments.--
(1) Section heading amendments.--Title 10, United States
Code, is amended as follows:
(A) The heading of section 137a is amended to read
as follows:
``Sec. 137a. Principal Deputy Under Secretaries of Defense''.
(B) The heading of section 138b, 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, 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, as transferred and
redesignated by subsection (b)(8), is amended to read
as follows:
``Sec. 138d. Assistant Secretary of Defense for Cost Assessment and
Program Evaluation''.
(E) The heading of section 138e, as transferred and
redesignated by subsection (b)(9), is amended to read
as follows:
``Sec. 138e. Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs''.
(F) The heading of section 1781 is amended to read
as follows:
``Sec. 1781. Family policy oversight''.
(G) The heading of section 2228 is amended to read
as follows:
``Sec. 2228. Military equipment and infrastructure: prevention and
mitigation of corrosion''.
(H) The heading of section 2438 is amended to read
as follows:
``Sec. 2438. Developmental test and evaluation; systems engineering:
designation of responsible officials; joint guidance''.
(2) Clerical amendments.--Title 10, United States Code, is
further amended as follows:
(A) The table of sections at the beginning of
chapter 4 is amended--
(i) by inserting after the item relating to
section 132 the following new item:
``132a. Deputy Chief Management Officer.'';
(ii) by striking the items relating to
sections 133a, 134a, and 136a;
(iii) by amending the item relating to
section 137a to read as follows:
``137a. Principal Deputy Under Secretaries of Defense.'';
(iv) by inserting after the item 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 Cost Assessment and Program
Evaluation.
``138e. Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.'';
and
(v) by striking the items relating to
sections 139a, 139b, 139c, 139d, 142, and 144.
(B) The item relating to section 1781 in the table
of sections at the beginning of subchapter I of chapter
88 is amended to read as follows:
``1781. Family policy oversight.''.
(C) The item relating to section 2228 in the table
of sections at the beginning of chapter 131 is amended
to read as follows:
``2228. Military equipment and infrastructure: prevention and
mitigation of corrosion.''.
(D) The table of sections at the beginning of
chapter 144 is amended by inserting after the item
relating to section 2437 the following new items:
``2438. Developmental test and evaluation; systems engineering:
designation of responsible officials; joint
guidance.
``2438a. Performance assessments and root cause analyses.''.
(E) The table of sections at the beginning of
subchapter II of chapter 148 is amended by inserting
after the item relating to section 2507 the following
new item:
``2508. Director of Small Business Programs.''.
(n) Executive Schedule Amendments.--Chapter 53 of title 5, United
States Code, is amended as follows:
(1) Number of assistant secretary of defense positions.--
Section 5315 is amended by striking ``Assistant Secretaries of
Defense (12)'' and inserting ``Assistant Secretaries of Defense
(17)''.
(2) Positions redesignated as assistant secretary
positions.--
(A) Section 5315 is further amended--
(i) by striking ``Director of Cost
Assessment and Program Evaluation, Department
of Defense.''; and
(ii) by striking ``Director of Defense
Research and Engineering.''.
(B) Section 5316 is amended by striking ``Assistant
to the Secretary of Defense for Nuclear and Chemical
and Biological Defense Programs.''.
(3) Amendments to delete references to positions in senior
executive service.--Section 5316 is further amended--
(A) by striking ``Director, Defense Advanced
Research Projects Agency, Department of Defense.'';
(B) by striking ``Deputy General Counsel,
Department of Defense.'';
(C) by striking ``Deputy Under Secretaries of
Defense for Research and Engineering, Department of
Defense (4).''; and
(D) by striking ``Special Assistant to the
Secretary of Defense.''.
(o) References in Other Laws, etc.--Any reference in any provision
or law other than title 10, United States Code, or in any rule,
regulation, or other paper of the United States, to any of the offices
of the Department of Defense redesignated by subsection (a) shall be
treated as referring to that office as so redesignated.
(p) Effective Date.--The provisions of this section and the
amendments made by this section shall take effect on January 1, 2011,
or on such earlier date for any of such provisions as may be prescribed
by the Secretary of Defense. If the Secretary prescribes an earlier
date for any of those provisions or amendments, the Secretary shall
notify Congress in writing in advance of such date.
SEC. 902. REPEAL OF PERSONNEL LIMITATIONS APPLICABLE TO CERTAIN
DEFENSE-WIDE ORGANIZATIONS AND REVISIONS TO LIMITATION
APPLICABLE TO OFFICE OF THE SECRETARY OF DEFENSE.
(a) Repeal of Personnel Limitations Applicable to Defense-Wide
Organizations.--
(1) Defense agencies and dod field activities.--Section 194
of title 10, United States Code, is repealed.
(2) Combatant commands.--Section 601 of the Goldwater-
Nichols Department of Defense Reorganization Act of 1986
(Public Law 99-433; 10 U.S.C. 194 note) is repealed.
(b) Revisions to Personnel Limitation Applicable to Office of the
Secretary of Defense.--
(1) Removal of washington headquarters service from osd
limit.--(A) Subsection (a) of section 143 of title 10, United
States Code, is amended by striking ``3,767'' and inserting
``3,370''.
(B) Subsection (b) of such section is amended to
read as follows:
``(b) OSD Personnel Defined.--In this section, the term `OSD
personnel' means members of the armed forces and civilian employees of
the Department of Defense who are assigned or detailed to permanent
duty in the Office of the Secretary of Defense.''.
(2) Exemption for national emergencies.--Such section is
further amended by adding at the end the following new
subsection:
``(d) Exemption During Time of War or National Emergency.--The
limitation in subsection (a) does not apply in time of war or during a
national emergency declared by the President or Congress.''.
(c) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections at the
beginning of chapter 8 of title 10, United States Code, is
amended by striking the item relating to section 194.
(2) Section 1111.--Section 1111 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 10 U.S.C. 143 note) is amended--
(A) in subsection (a)--
(i) by striking ``For fiscal year 2009 and
fiscal years thereafter,'' and inserting ``For
any fiscal year,'';
(ii) by striking ``194,''; and
(iii) by striking ``Code, or'' in paragraph
(1) and all that follows through ``or
otherwise'' and inserting ``Code, or
otherwise''; and
(B) in subsection (b)--
(i) by striking ``For fiscal year 2009 and
fiscal years thereafter,'' and inserting ``For
any fiscal year,'';
(ii) by striking ``194,'';
(iii) by striking ``the'' in paragraph (1)
after ``in accordance with''; and
(iv) by striking ``any'' in paragraph (2)
after ``work, for''.
SEC. 903. AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO APPROVE AN
ALTERNATE METHOD OF PROCESSING EQUAL EMPLOYMENT
OPPORTUNITY COMPLAINTS WITHIN ONE OR MORE COMPONENT
ORGANIZATIONS UNDER SPECIFIED CIRCUMSTANCES.
(a) Authority.--The Secretary of Defense may implement within one
or more of the component organizations of the Department of Defense an
alternate program for processing equal employment opportunity
complaints. The Equal Employment Opportunity Commission shall not
reverse a final decision of such a component organization on the
grounds that the organization did not comply with the regulatory
requirements promulgated by the Commission if under the alternate
program complainants--
(1) participate voluntarily and retain the right to use the
procedural requirements of part 1614 of title 29 of the Code of
Federal Regulations or other regulations, directives, or
regulatory restrictions prescribed by the Equal Employment
Opportunity Commission;
(2) may opt out of the alternate system at any time prior
to the issuance of the final decision of the component
organization; and
(3) retain any statutory or regulatory right to appeal the
final decision of the component organization to the Equal
Employment Opportunity Commission or to file suit in Federal
district court.
If the Equal Employment Opportunity Commission reverses a final
decision of such a component organization on other grounds, the
Commission may remand the case to either the process under part 1614 of
title 29 of the Code of Federal Regulations or the alternate program as
it deems appropriate.
(b) Air Force Program.--The Secretary of the Air Force may
implement the alternate program to process equal employment opportunity
complaints that the Secretary previously conducted as a Department of
Defense pilot program under the authority of section 1111 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001
(Public Law 106-398; 114 Stat. 1654A-312), provided that the Secretary
complies with the requirement and restrictions in subsection (a). The
Secretary may delete its pilot program evaluation reporting and
surveys.
(c) Appeals.--A complainant's election to use an alternate process
authorized as provided in subsections (a) and (b) shall not obstruct,
impede, or otherwise interfere with any statutory or regulatory right
of the complainant to appeal the final decision of the component
organization to the Equal Employment Opportunity Commission or to file
suit in Federal district court.
(d) Duration.--The authority granted under this section shall
expire two years after the date of the enactment of this Act unless the
Equal Employment Opportunity Commission agrees to an extension of the
program.
SEC. 904. INCREASE IN AUTHORIZED NUMBER OF DEFENSE INTELLIGENCE SENIOR
EXECUTIVE SERVICE POSITIONS.
Section 1606(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense'';
(2) by striking the second sentence; and
(3) by adding at the end the following new paragraphs:
``(2)(A) The number of positions in the Defense
Intelligence Senior Executive Service during fiscal year 2011
may not exceed 644.
``(B) The number of positions in the Defense Intelligence
Senior Executive Service during any fiscal year after fiscal
year 2011 may not exceed the lesser of the following:
``(i) The number of such positions authorized by
paragraph (2)(A), as adjusted by the percentage
specified in subparagraph (C) for such fiscal year.
``(ii) 694.
``(C) The percentage specified in this subparagraph for a
fiscal year is the percentage by which the authorized number of
Department of Defense positions in the Senior Executive Service
has been increased as of the end of the preceding fiscal year
over the number of such positions authorized on September 30,
2010.
``(3) The Secretary may give priority for the allocation of
any increase in the number of authorized positions in the
Defense Intelligence Senior Executive Service to those
Department of Defense intelligence components in which the
ratio of senior executives to employees other than senior
executives is the lowest.''.
SEC. 905. REVISIONS TO POLICY ON DEVELOPMENT AND PROCUREMENT OF
UNMANNED SYSTEMS.
(a) Revision to Required Policy.--Subsection (a) of section 941 of
the John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2083) is amended--
(1) by striking ``on'' and inserting ``for the conduct
of'';
(2) by striking ``procurement, and operation'' and
inserting ``and for the conduct of procurement,'';
(3) by inserting ``manned and'' before ``unmanned
systems''; and
(4) by inserting ``in a manner that is fiscally responsible
and enhances warfighter capability'' before the period at the
end.
(b) Modification to Elements of Policy.--Subsection (b) of such
section is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) An identification of those Department of Defense
capabilities for which manned and unmanned systems may address
potential needs.
``(2) A thorough and objective consideration of the
acquisition of manned and unmanned systems whenever a new
system is to be acquired to meet a capability requirement.'';
(2) in paragraph (5), by striking ``, including'' and all
that follows through ``on unmanned systems''; and
(3) in paragraph (6), by striking ``missions'' and
inserting ``capabilities''.
(c) Roadmap.--Such section is further amended--
(1) by striking subsection (d);
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Roadmap.--The Secretary of Defense shall prepare and update
periodically a roadmap for the policy required by subsection (a) that
includes--
``(1) goals for the development of unmanned system
technologies to address capabilities identified pursuant to
subsection (b)(1); and
``(2) plans to address technical, operational, and
production challenges, and gaps in capabilities, with respect
to unmanned systems.''; and
(4) in subsection (d), as redesignated by paragraph (2), by
inserting ``, and implement the roadmap required by subsection
(c),'' after ``subsection (a)''.
(d) Conforming Amendment.--The heading of such section is amended
by inserting ``manned and'' before ``unmanned''.
SEC. 906. IMPROVEMENTS TO STRUCTURE AND FUNCTIONING OF JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
(a) Vice Chairman of Joint Chiefs of Staff To Be Chairman of the
JROC.--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 Combatant Commanders as Members of the JROC.--
(1) Membership on council as required.--Paragraph (1) of
subsection (c) of such section is further amended--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) 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 further amended by striking ``The Under Secretary''
and all that follows through ``and expertise.'' and inserting
the following: ``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) Such other civilian officials of the
Department of Defense as are designated by the
Secretary of Defense.''.
(2) Conforming amendment.--Subsection (b)(3) of such
section is amended 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 JROC.--Subsection (a) of
such section is amended by striking ``The Secretary of Defense shall
establish'' and inserting ``There is''.
SEC. 907. CONSOLIDATION AND REORGANIZATION OF STATUTORY AUTHORITY FOR
DESTRUCTION OF UNITED STATES STOCKPILE OF LETHAL CHEMICAL
AGENTS AND MUNITIONS.
(a) Consolidation and Reorganization of Related Statutory
Provisions.--Section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521), is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``paragraphs (2) and (3)''
and inserting ``paragraph (2)''; and
(ii) by inserting after ``such stockpile''
the following ``, including those agents and
munitions stored at Blue Grass Army Depot,
Kentucky, and Pueblo Chemical Depot,
Colorado,'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively; and
(D) in paragraph (4), as redesignated by
subparagraph (C), by striking ``December 31, 2004'' and
inserting ``the deadline established by the Chemical
Weapons Convention, and in no circumstances later than
December 31, 2017'';
(2) by striking subsections (i) and (k);
(3) by redesignating subsections (c), (d), (e), (f), (g),
(h), and (j) as subsections (d), (f), (g), (h), (i), (k), and
(o);
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Initiation of Demilitarization Operations.--The Secretary of
Defense may not initiate destruction of the chemical 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.'';
(5) in paragraph (1)(A) of subsection (d), as redesignated
by paragraph (3), by inserting after ``subsection (a)'' the
following ``, including but not limited to the use of
technologies and procedures that will minimize the risk to the
public at each site'';
(6) by inserting after paragraph (3) of subsection (d) (as
so redesignated) the following:
``(e) Grants and Cooperative Agreements.--'';
(7) by redesignating the paragraphs (4) and (5) that
immediately follow the subsection designation and heading
inserted by paragraph (6) as paragraphs (1) and (2),
respectively, and--
(A) in the redesignated paragraph (1), by striking
``subparagraph (A) of paragraph (1)'' and inserting
``subsection (d)(1)(A)'', and
(B) in the redesignated paragraph (2)--
(i) by striking ``paragraph (1)(B)'' in
subparagraph (A)(ii) and inserting ``subsection
(d)(1)(B)''; and
(ii) by striking ``Director'' each place it
appears in subparagraphs (A) and (C) and
inserting ``Administrator'';
(8) in subsection (g), as redesignated by paragraph (3),--
(A) in paragraph (1), by striking ``, not later
than May 1, 1986,'';
(B) in paragraph (2)--
(i) by striking ``Such organization'' and
inserting ``The Secretary of the Army''; and
(ii) by striking ``under this section'' and
inserting ``at all sites except Blue Grass Army
Depot, Kentucky, and Pueblo Chemical Depot,
Colorado'';
(C) by transferring the text of paragraph (2), as
amended by subparagraph (B), to the end of paragraph
(1); and
(D) by inserting after the paragraph designation
for paragraph (2) the following: ``Management of
chemical demilitarization activities at blue grass army
depot, kentucky, and pueblo depot, colorado.--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.'';
(9) in paragraph (2) of subsection (h), as redesignated by
paragraph (3)--
(A) by striking ``subsection (c)(5)'' and inserting
``subsection (e)''; and
(B) by striking ``Director'' and inserting
``Administrator'';
(10) in subsection (i), as redesignated by paragraph (3)--
(A) by striking ``Periodic Reports'' in the
subsection caption and inserting ``Annual Report''; and
(B) in paragraph (2)--
(i) by striking ``subsection (c)(4)'' in
subparagraphs (B) and (C)(vii) and inserting
``subsection (e)''; and
(ii) by striking ``section 172(g) of Public
Law 102-484 (50 U.S.C. 1521 note)'' and
inserting ``subsection (m)(7)'';
(11) by inserting after subsection (i), as so redesignated,
the following new subsection (j):
``(j) Semiannual Reports.--(1) By March 1st and September 1st 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 material 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 destruction 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
``(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.'';
(12) in subsection (o), as redesignated by paragraph (3),
by adding at the end the following new paragraph:
``(4) 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).''; and
(13) by inserting after subsection (k), as redesignated by
paragraph (3), the following new subsections:
``(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) Establishment.--(A) The Secretary of the Army shall
establish a citizens' commission for each State in which there
is a chemical demilitarization facility under Army management.
``(B) The Assistant to the Secretary of Defense for
Nuclear, Chemical, and Biological Defense Programs shall
establish a chemical demilitarization citizens' commission in
Colorado and in Kentucky.
``(C) Each such commission shall be known as the `Chemical
Demilitarization Citizens' Advisory Commission' for that State.
``(2) Functions.--(A) The Secretary of the Army, or the
Department of Defense in 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 Assistant to the Secretary of Defense for
Nuclear, Chemical, and Biological Defense Programs shall
provide for a representative from the Assistant to meet with
the commissions in Colorado and Kentucky.
``(3) Membership.--(A) Each commission 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) Conflicts of interest.--For a period of five years
after the termination of any commission, 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 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) Chairman.--The members of each commission shall
designate the chairman of the commission from among the members
of the commission.
``(6) Meetings.--Each commission shall meet with a
representative from the Army, or the Office of the Secretary of
Defense for the Colorado and Kentucky commissions, upon joint
agreement between the chairman of the 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) Pay and expenses.--Members of each commission 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 Citizens' Advisory Commissioners, when such
travel is conducted at the invitation of the Assistant
Secretary of the Army (Acquisition, Logistics, and Technology)
or the invitation of the Deputy Assistant to the Secretary of
Defense for Chemical and Biological Defense and Chemical
Demilitarization for the Colorado and Kentucky commissions.
``(8) Termination of commissions.--Each commission shall be
terminated after the closure activities required pursuant to
regulations promulgated 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 the commission's
State, or upon the request of the Governor of the commission's
State, whichever occurs first.
``(n) Incentive Clauses in Chemical Demilitarization Contracts.--
``(1) Authority to include clauses in contracts.--(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) Incentives clauses.--(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.
``(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) Additional limitation on payments.--(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.''.
(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 (Public Law 104-106; 110 Stat. 214; 50
U.S.C. 1521 note).
(4) Section 8065 of the Omnibus Consolidated Appropriations
Act, 1997 (Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C.
1521 note).
(5) Section 142 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 1943; 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).
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR LOSS OR
DAMAGE TO HOUSEHOLD GOODS IN LIMITED CASES NOT COVERED BY
CARRIER LIABILITY.
(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; but
``(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 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) Effective Date.--Section 2740 of title 10, United States Code,
as added by subsection (a), shall apply with respect to losses incurred
after March 1, 2008.
SEC. 1002. ADVANCE NOTICE TO CONGRESS OF TRANSFER OF FUNDS FROM A
WORKING-CAPITAL FUND.
Paragraph (1) of section 2208(r) of title 10, United States Code,
is amended to read as follows:
``(1) Whenever the Secretary of Defense proposes to
exercise authority provided by law to transfer funds from a
working-capital fund, including a transfer to another working-
capital fund, such transfer may be made only after the
Secretary submits to Congress notice of the proposed transfer
and a period of five days has passed from the date of the
notification.''.
SEC. 1003. REPEAL OF REQUIREMENT FOR ANNUAL JOINT REPORT FROM OFFICE OF
MANAGEMENT AND BUDGET AND CONGRESSIONAL BUDGET OFFICE ON
SCORING OF OUTLAYS IN DEFENSE BUDGET FUNCTION.
(a) Repeal.--Section 226 of title 10, United States Code, is
repealed.
(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 226.
SEC. 1004. AUTHORITY TO ESTABLISH READINESS RESERVE SUBACCOUNT IN THE
TRANSPORTATION WORKING-CAPITAL FUND.
Section 2208(p) of title 10, United States Code, is amended--
(1) inserting ``(1)'' before ``The Secretary of Defense'';
and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary of Defense may establish within the
working-capital fund administered by the commander of the
United States Transportation Command a subaccount to be known
as the readiness reserve subaccount. The Secretary may transfer
to, and retain in, that subaccount excess funds received during
high-tempo operations in order to fund, to the extent possible,
mission-critical catastrophic loss replacement or major repair
of transportation assets used to produce revenue for the
working-capital fund. The maximum amount that may be maintained
in the subaccount is $100,000,000.
``(B) The Secretary may use funds in the subaccount--
``(i) to repair or replace those assets that the
commander of the United States Transportation Command
requires to directly fulfill the mission of that
command; and
``(ii) to purchase improvements to distribution
infrastructure, excluding military construction, if
economically favorable, in amounts not to exceed
$10,000,000 per unit.
``(C) The subaccount shall be managed so that funds in the
subaccount are used to supplement, and not replace, obligations
of the military departments for provision of transportation
assets.
``(D) The Secretary shall provide that, in any case in
which funds in the subaccount are used to purchase or pay for a
replacement or repair for which funds would otherwise be
provided from funds available for one of the armed forces, the
otherwise applicable funding source shall reimburse the
subaccount.
``(E) Funds in the subaccount may be used for the repair,
replacement, or procurement of equipment other than
distribution infrastructure only if that repair, replacement,
or procurement is otherwise authorized to be carried out using
funds other than funds in the subaccount.
``(F) The Secretary may use funds in the subaccount for a
repair, replacement, or procurement only when a delay in
obtaining funds from the military department or fund that would
otherwise provide funds for the repair, replacement, or
procurement would impair the ability of the commander of the
United States Transportation Command to continue mission-
critical responsibilities.
``(G) The Secretary may use funds in the subaccount to make
a purchase in an amount in excess of $10,000,000 only after the
Secretary has submitted to the congressional defense
committees, not less than 30 days before obligation of funds
for the purchase, a written notification of the proposed
purchase.''.
SEC. 1005. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR
PROCUREMENT OF EQUIPMENT FOR RESERVE COMPONENTS OF THE
ARMED FORCES.
Section 114(e) of title 10, United States Code, is repealed.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. INCREASE IN TONNAGE CRITERION FOR APPLICATION OF LIMITATION
ON DISPOSAL OF NAVAL VESSELS TO FOREIGN NATIONS.
Section 7307(a) of title 10, United States Code, is amended by
striking ``3,000 tons'' and inserting ``6,000 tons''.
SEC. 1012. REVISIONS TO AUTHORITY REGARDING SALES OF VESSELS STRICKEN
FROM NAVAL REGISTER.
Section 7305 of title 10, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), and (d) as
subsections (a), (b), and (c), respectively;
(3) in subsection (a), as redesignated by paragraph (2), by
striking ``If the Secretary considers that the sale of the
vessel'' and inserting ``If the Secretary of the Navy considers
that the sale of a vessel stricken from the Naval Vessel
Register under section 7304 of this title'';
(4) in subsection (b), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``and not subject
to disposal under any other law'' and inserting ``,
unless another method of disposal is required by
law,'';
(B) in paragraph (2)(A), by striking ``, regardless
of the appraised value,'';
(C) in paragraph (3), by striking ``Commerce
Business Daily'' and inserting ``FedBizOpps.com or
through another method of public advertising''; and
(D) by adding at the end the following new
paragraph:
``(4) When the Secretary enters into a sales contract for
the dismantling of a vessel, the United States shall retain
title and ownership of the vessel, but may transfer title to
scrap and reusable items to the contractor upon their removal
from the vessel as part of the dismantling process.''; and
(5) by adding at the end the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `scrap' means personal property that has no
value except for its basic material content.
``(2) The term `reusable items' means demilitarized
components or removable portions of a vessel or equipment that
the Secretary of the Navy has identified as excess to the needs
of the Navy, but which have potential resale value on the open
market.''.
Subtitle C--Other Matters
SEC. 1031. CONFORMING AND UPDATING AMENDMENTS TO TITLE 10, UNITED
STATES CODE.
(a) Modernization of Section 172.--
(1) Section 172 of title 10, United States Code, is
amended--
(A) by striking the section heading and inserting
the following:
``Sec. 172. Explosives safety and military munitions risk management'';
(B) by striking ``(a)'' before ``The Secretaries'';
and
(C) by striking subsection (b).
(2) The item relating to such section in the table of
sections at the beginning of chapter 7 of such title is amended
to read as follows:
``172. Explosives safety and military munitions risk management.''.
(b) Change to References to ``Appropriate Committees of
Congress''.--
(1) Section 2694a of such title is amended--
(A) in subsection (e), by striking ``appropriate
committees of Congress'' and inserting ``congressional
defense committees''; and
(B) in subsection (i)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively.
(2) Section 2801(c)(1) of such title is amended by striking
``term `appropriate committees of Congress' means the
congressional defense committees and'' and inserting ``term
`congressional defense committees' includes''.
(3) The following sections of chapter 169 of such title are
amended by striking ``appropriate committees of Congress'' each
place it appears and inserting ``congressional defense
committees'': sections 2803(b), 2804(b), 2805(b)(2),
2806(c)(2)(A), 2807(b), 2807(c), 2808(b), 2809(f)(1), 2811(d),
2812(c)(1)(A), 2813(c), 2814(a)(2)(A), 2814(g)(1), 2825(b)(1),
2827(b)(1), 2828(f)(1), 2835(g)(1), 2836(f)(1), 2837(c)(2),
2853(c)(1)(A), 2853(c)(2), 2854(b), 2854a(c)(1), 2859(d)(1)(B),
2861(c), 2866(c)(2), 2875(e), 2881a(d)(2), 2881a(e)(1),
2883(f), and 2884(a)(1).
(4) Section 2914(b) of such title is amended by striking
``appropriate committees of Congress'' and inserting
``congressional defense committees''.
(c) Definitions Under Defense Environmental Restoration Program.--
Chapter 160 of such title is amended as follows:
(1) Section 2700(2) is amended by inserting ```pollutant or
contaminant','' after ```person',''.
(2) Section 2701(b)(1) is amended by striking ``substances,
pollutants, and'' and inserting ``substances and pollutants
or''.
(d) Reduced Reporting Time Limits for Reports Submitted in
Electronic Media.--
(1) Section 2694a(e) of such title, as amended by
subsection (b)(1)(A), is amended by inserting before the period
at the end the following: ``or, if earlier, a period of 14 days
has elapsed from the date on which a copy of the notification
is provided in an electronic medium pursuant to section 480 of
this title''.
(2) Section 2806(c)(2)(B) of such title is amended by
inserting before the period at the end the following: ``or, if
earlier, a period of 14 days has elapsed from the date on which
a copy of the report is provided in an electronic medium
pursuant to section 480 of this title''.
(3) Section 2814(g)(2) of such title is amended by
inserting before the period at the end the following: ``or, if
earlier, a period of 15 days has elapsed from the date on which
a copy of the notification is provided in an electronic medium
pursuant to section 480 of this title''.
(4) Section 2828(f)(2) of such title is amended by
inserting before the period at the end the following: ``or, if
earlier, a period of 14 days has elapsed from the date on which
a copy of the notification is provided in an electronic medium
pursuant to section 480 of this title''.
(5) Section 2835(g)(2) of such title is amended--
(A) by striking ``calendar''; and
(B) by inserting before the period at the end the
following: ``or, if earlier, a period of 14 days has
elapsed from the date on which a copy of the analysis
is provided in an electronic medium pursuant to section
480 of this title''.
(6) Sections 2881a(e)(2) and 2884(a)(4) of such title are
amended by inserting before the period at the end the
following: ``or, if earlier, a period of 15 days has elapsed
from the date on which a copy of the report is provided in an
electronic medium pursuant to section 480 of this title''.
(e) Transfer of Section 2184.--
(1) Section 2814 of such title, as amended by subsections
(b)(3) and (d)(3), is transferred to chapter 631, inserted
after section 7205, redesignated as section 7206, and amended
by striking ``this chapter'' in paragraphs (2) and (3)(B) of
subsection (i) and inserting ``chapter 169 of this title''.
(2)(A) The table of sections at the beginning of chapter
169 of such title is amended by striking the item relating to
section 2814.
(B) The table of sections at the beginning of chapter 631
of such title is amended by inserting after the item relating
to section 7205 the following new item:
``7206. Special authority for development of Ford Island, Hawaii.''.
(3) Any reference in any other law to section 2814 of title
10, United States Code, shall be considered to be a reference
to section 7206 of title 10, United States Code, as transferred
and redesignated by paragraph (1).
SEC. 1032. TECHNICAL AND CLERICAL AMENDMENTS TO CORRECT OBSOLETE CROSS-
REFERENCE.
(a) Cross-Reference Amendments.--Section 382 of title 10, United
States Code, 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) Clerical Amendments.--The heading of such section, and the item
relating to such section in the table of sections at the beginning of
chapter 18 of such title, are each amended by striking the fourth,
fifth, and sixth words.
SEC. 1033. REVISION TO REPORT REQUIREMENT RELATING TO SUPPORT OF
MILITARY MUSEUMS.
(a) Change in Frequency of Report.--Subsection (a) of section 489
of title 10, United States Code, is amended by striking ``As part of''
and all that follows through ``fiscal year--'' and inserting the
following: ``The Secretary of Defense shall submit to Congress a report
not less often than every two years on military museums. Such a report
shall be submitted as part of the budget materials submitted to
Congress for every odd-numbered fiscal year, in connection with the
submission of the budget for that fiscal year pursuant to section 1105
of title 31, but in no case later than the March 15 preceding the
beginning of that fiscal year. In each such report, the Secretary shall
identify all military museums that, during the most recently completed
two fiscal-year period--''.
(b) Repeal of Required Report Element.--Subsection (b) of such
section is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraph (6) as paragraph (5).
(c) Clerical Amendments.--
(1) The heading of such section is amended to read as
follows:
``Sec. 489. Department of Defense operation and financial support for
military museums: biennial report''.
(2) The item relating to section 489 in the table of
sections at the beginning of chapter 23 of such title is
amended to read as follows:
``489. Department of Defense operation and financial support for
military museums: biennial report.''.
SEC. 1034. 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
distributed in coordination with 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. 1035. 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 ``local law enforcement and
firefighting'' and inserting ``local law enforcement,
firefighting, homeland security, and emergency
management''; and
(B) by striking ``carrying out law enforcement and
firefighting'' and inserting ``carrying out law
enforcement, firefighting, homeland security, and
emergency management'' after ``carrying out''; and
(2) in subsection (b), by striking ``law enforcement or
firefighting'' both places it appears and inserting ``law
enforcement, firefighting, homeland security, or emergency
management''.
(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 such section
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. 1036. ENHANCED AUTHORITY FOR SERVICEMEMBERS AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES AND THEIR FAMILY MEMBERS TO
ACCEPT GIFTS FROM NON-FEDERAL ENTITIES.
(a) Codification.--
(1) Enactment in title 10 of section 8127 gift acceptance
authority.--Chapter 155 of title 10, United States Code, is
amended by inserting after section 2601 a new section 2601a
consisting of--
(A) a heading as follows:
``Sec. 2601a. Acceptance of gifts by members of the armed forces and
Department of Defense employees and their family members;
regulations'';
and
(B) a text consisting of the text of subsections
(a) through (c) of section 8127 of the Department of
Defense Appropriations Act, 2006 (division A of Public
Law 109-148; 119 Stat. 2730; 10 U.S.C. 2601 note).
(2) 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. Acceptance of gifts by members of the armed forces and
Department of Defense employees and their
family members; regulations.''.
(b) Revisions.--
(1) Persons covered.--Section 2601a of title 10, United
States Code, as added by subsection (a), is amended--
(A) in subsection (a), by striking ``members of the
Armed Forces described in subsection (c), and the
family members of such a member,'' and inserting ``a
member of the armed forces described in subsection (c)
and a civilian employee of the Department of Defense
described in subsection (d), the family members of such
a member or employee, and survivors of such a member or
employee who is killed''; and
(B) in subsection (b), by inserting ``and a
civilian employee described in subsection (d)'' after
``described in subsection (c)''.
(2) Circumstances of injury or illness for coverage.--Such
section is further amended--
(A) in subsection (c)--
(i) by striking ``or'' at the end of
paragraph (1);
(ii) by striking the period at the end of
paragraph (2) and inserting ``; or''; and
(iii) by adding at the end the following
new paragraph:
``(3) under other circumstances determined by the Secretary
concerned to warrant treatment analogous to members covered by
paragraph (1) or (2).''; and
(B) by adding at the end the following new
subsection:
``(d) Covered Employees.--A civilian employee of the Department of
Defense is described in this subsection in the case of an employee who
on or after September 11, 2001, and while an employee, incurred an
injury or illness under a circumstance described in paragraph (1), (2),
or (3) of subsection (c).''.
(3) Uniform regulations.--Subsection (a) of such section is
further amended--
(A) by inserting ``(1)'' after ``Regulations.--'';
(B) by designating the second sentence as paragraph
(2); and
(C) by striking ``uniformly to'' and all that
follows through the period and inserting ``uniformly to
all elements of the Department of Defense and, to the
maximum extent feasible, to the Coast Guard.''.
(4) Technical and clerical amendments resulting from
codification.--Such section is further amended--
(A) by striking ``Armed Forces'' in subsections (b)
and (c) and inserting ``armed forces'';
(B) by striking ``, United States Code'' in
subsection (b); and
(C) by striking ``title 10, United States Code'' in
subsection (c)(1) and inserting ``this title''.
(c) Repeal of Codified Provision.--Section 8127 of the Department
of Defense Appropriations Act, 2006 (division A of Public Law 109-148;
119 Stat. 2730; 10 U.S.C. 2601 note) is repealed.
(d) Retroactive Applicability of Regulations.--Regulations under
section 2601a(a) of title 10, United States Code, shall, to the extent
provided in such regulations, also apply to the acceptance of gifts
during the period beginning on September 11, 2001, and ending on the
date on which such regulations go into effect.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Effective 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 amended by striking ``calendar years 2009 and 2010''
and inserting ``calendar year 2011''.
SEC. 1102. MILEAGE REIMBURSEMENT FOR PRIVATELY OWNED VEHICLES.
(a) Single Standard Mileage Rate Established by GSA.--Section
5704(a)(1) of title 5, United States Code, is amended by striking ``not
exceed'' and inserting ``equal''.
(b) Prescription of Mileage Reimbursement Rates.--Section 5707(b)
of such title is amended--
(1) by amending paragraph (1)(A) to read as follows:
``(1)(A) The Administrator of General Services shall
conduct periodic investigations of the cost of travel and the
operation of privately owned airplanes and privately owned
motorcycles by employees while engaged on official business,
and shall report the results of such investigations to Congress
at least once a year.''; and
(2) by amending paragraph (2)(A)(i) to read as follows:
``(i) shall prescribe a mileage
reimbursement rate for privately owned
automobiles which equals, as provided in
section 5704(a)(1) of this title, the single
standard mileage rate established by the
Internal Revenue Service, and''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
SEC. 1201. ADDITIONAL NATIONS TO WHICH CATALOGING DATA AND SERVICES MAY
BE PROVIDED UNDER ARMS EXPORT CONTROL ACT ON NO-COST,
RECIPROCAL BASIS.
Section 21(h)(2) of the Arms Export Control Act (22 U.S.C.
2761(h)(2)) is amended by inserting ``Austria, Brazil, Finland,
Singapore,'' after ``Japan,'' both places it appears.
SEC. 1202. AUTHORIZATION OF APPROPRIATIONS FOR AFGHANISTAN SECURITY
FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2011 for the Afghanistan Security
Forces Fund in the amount of $11,619,283,000.
(b) Limitations.--Funds appropriated pursuant to the authorization
of appropriations in subsection (a) 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).
TITLE XIII--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1301. 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 the Defense
Working Capital Funds in the amount of $1,434,536,000.
SEC. 1302. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year
2011 for the National Defense Sealift Fund in the amount of
$934,866,000.
SEC. 1303. DEFENSE COALITION ACQUISITION FUND.
Funds are hereby authorized to be appropriated for fiscal year
2011 for the Defense Coalition Acquisition Fund in the amount of
$10,000,000.
SEC. 1304. 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); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1305. 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 $1,131,351,000.
SEC. 1306. 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 $283,354,000, of which--
(1) $282,354,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement.
SEC. 1307. DEFENSE HEALTH PROGRAM.
(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 the Defense Health
Program, in the amount of $30,935,111,000, of which--
(1) $29,915,277,000 is for Operation and Maintenance;
(2) $499,913,000 is for Research, Development, Test, and
Evaluation; and
(3) $519,921,000 is for Procurement.
(b) Joint Medical Facility Demonstration Fund.--
(1) Authority for transfer of funds.--From funds
appropriated pursuant to subsection (a)(1), the Secretary of
Defense may transfer 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 that section, funds appropriated pursuant to subsection
(a)(1) of this section shall be considered to be amounts
authorized and appropriated specifically for the purpose of
such a transfer.
(2) Use of transferred funds.--For the purposes of
subsection (b) of that section 1704, facility operations for
which funds transferred under paragraph (1) 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 covered by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
Subtitle B--Armed Forces Retirement Home
SEC. 1321. 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.
TITLE XIV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS FOR FISCAL YEAR 2011
SEC. 1401. PURPOSE.
The purpose of this title 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. 1402. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2011 for procurement for the Army in amounts as follows:
(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, $702,591,000.
(5) For other procurement, $5,827,274,000.
SEC. 1403. 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 $3,250,000,000.
SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2011 for procurement for 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, $1,778,243,000.
SEC. 1405. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2011 for procurement for the Air Force in amounts as follows:
(1) For aircraft procurement, $1,362,420,000.
(2) For ammunition procurement, $292,959,000.
(3) For missile procurement, $56,621,000.
(4) For other procurement, $3,087,481,000.
SEC. 1406. 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. 1407. 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 $874,546,000.
SEC. 1408. 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, $157,240,000.
SEC. 1409. 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, $62,602,618,000.
(2) For the Navy, $8,946,634,000.
(3) For the Marine Corps, $4,136,522,000.
(4) For the Air Force, $13,487,283,000.
(5) For Defense-wide activities, $9,426,358,000.
(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, $2,000,000,000.
(14) For the Overseas Contingency Operations Transfer Fund,
$1,551,781,000.
SEC. 1410. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year
2011 to the Department of Defense for military personnel accounts in
the total amount of $15,132,054,000.
SEC. 1411. 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. 1412. 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. 1413. 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. 1414. 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, for Operation and Maintenance.
DIVISION 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 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 therefore) 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 therefore), 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, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
TITLE XXI--ARMY
SEC. 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 of Monterey..................... $140,000,000
Colorado.............................. Fort Carson.............................. $106,350,000
Florida............................... Eglin Air Force Base..................... $6,900,000
Miami-Dade County....................... $41,000,000
U.S. Army Garrison, Miami................ $19,000,000
Georgia............................... Fort Benning............................. $177,400,000
Fort Gordon.............................. $4,150,000
Fort Stewart............................. $125,250,000
Hawaii................................ Fort Shafter............................. $81,000,000
Schofield Barracks....................... $212,000,000
Tripler Army Medical Center............. $28,000,000
Kansas................................ Fort Leavenworth......................... $7,100,000
Fort Riley............................... $57,100,000
Kentucky.............................. Fort Campbell............................ $143,900,000
Fort Knox................................ $18,800,000
Lousiana.............................. Fort Polk................................ $63,250,000
Maryland.............................. Aberdeen Proving Ground.................. $14,600,000
Fort Meade............................... $32,600,000
Missouri.............................. Fort Leonard Wood........................ $111,700,000
New Mexico............................ White Sands Missile Range................ $29,000,000
New York.............................. Fort Drum................................ $228,800,000
U.S. Military Academy.................... $132,324,000
North Carolina........................ Fort Bragg............................... $310,900,000
Oklahoma.............................. Fort Sill................................ $26,600,000
McAlester Army Ammunition Plant.......... $3,000,000
South Carolina........................ Fort Jackson............................. $91,000,000
Texas................................. Fort Bliss............................... $149,950,000
Fort Hood................................ $145,050,000
Fort Sam Houston......................... $22,200,000
Virginia.............................. Fort A.P. Hill........................... $93,600,000
Fort Eustis.............................. $18,000,000
Fort Lee................................. $48,400,000
Washington............................ Fort Lewis............................... $171,800,000
Yakima Firing Range...................... $3,750,000
----------------------------------------------------------------------------------------------------------------
(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 Air Base......................... $101,500,000
Germany............................... Ansbach................................. $31,800,000
Grafenwoehr............................. $75,500,000
Rhine Ordnance Barracks................. $35,000,000
Sembach Air Base........................ $9,100,000
Wiesbaden Air Base...................... $126,500,000
Honduras.............................. Soto Cano Air Base...................... $20,400,000
Korea................................. Camp Walker............................. $19,500,000
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Location 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.
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 $4,689,307,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $3,246,362,000.
(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 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.
(9) For the construction of increment 2 of an Aviation Task
Force Complex Phase 1 at Fort Wainwright, Alaska, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123
Stat. 2630), $30,000,000.
SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 531), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act, 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: Extensions of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Georgia................................ Fort Stewart................ Unit Operations Facilities.. $16,000,000
Hawaii................................. Schofield Barracks.......... Tactical Vehicle Wash $10,200,000
Facility.
Barracks Complex-Wheeler 205 $51,000,000
Louisiana.............................. Fort Polk................... Brigade Headquarters........ $9,800,000
Child Care Facility......... $6,100,000
Missouri............................... Fort Leonard Wood........... Automated Multipurpose $4,150,000
Machine Gun Range.
Oklahoma............................... Fort Sill................... Multipurpose Machine Gun $3,300,000
Range.
Washington............................. Fort Lewis.................. Alternative Fuel Facility... $3,300,000
----------------------------------------------------------------------------------------------------------------
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. 4658) 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.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(1), the
Secretary of the Navy 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:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Mobile.................................... $29,082,000
Arizona............................... Marine Corps Air Station, Yuma............. $285,060,000
California............................ Marine Corps Base, Camp Pendleton.......... $362,124,000
Naval Base, Coronado....................... $67,160,000
Marine Corps Air Station, Miramar.......... $190,610,000
Naval Station, San Diego................... $183,756,000
Marine Corps Recruit Depot, San Diego...... $9,950,000
Marine Corps Base, Twentynine Palms........ $53,158,000
Florida............................... Blount Island Command...................... $74,620,000
Tampa..................................... $2,300,000
Georgia............................... Naval Submarine Base, Kings Bay............ $60,664,000
Hawaii................................ Marine Corps Base, Camp Smith.............. $29,960,000
Marine Corps Base, Kaneohe Bay............. $109,660,000
Naval Station, Pearl Harbor................ $108,468,000
Maryland.............................. Naval Support Facility, Indian Head........ $34,238,000
Naval Air Station, Patuxent River.......... $42,211,000
North Carolina........................ Marine Corps Base, Camp Lejeune............ $789,393,000
Marine Corps Air Station, Cherry Point..... $65,510,000
Rhode Island.......................... Naval Station, Newport..................... $27,007,000
South Carolina........................ Marine Corps Air Station, Beaufort......... $129,410,000
Virginia.............................. Naval Station, Norfolk..................... $12,435,000
Marine Corps Base, Quantico................ $143,632,000
Washington............................ Bangor..................................... $56,893,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Bahrain............................... Southwest Asia.......................... $213,153,000
Djibouti.............................. Camp Lemonier........................... $51,631,000
Guam.................................. Naval Activities, Guam.................. $213,940,000
Japan................................. Naval Air Stations, Atsugi.............. $6,908,000
Spain................................. Naval Station, Rota..................... $23,190,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2204(5)(A),
the Secretary of the Navy 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 amount
set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Cuba.............................. Guantanamo Bay................ 71................... $37,169,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(5)(A), the
Secretary of the Navy 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 $3,255,000.
SEC. 2203. 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 2204(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $146,020,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
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 Navy in the total amount of $4,431,894,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $2,867,301,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $508,822,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,877,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $120,050,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $186,444,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $366,346,000.
(6) For the construction of increment 7 of a limited area
production and storage complex at Bangor, Washington,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2106), $19,116,000.
(7) For the construction of increment 2 of a ship repair
pier replacement at Norfolk Naval Shipyard, Virginia,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public
Law 111-84; 123 Stat. 2633), $100,000,000.
(8) For the construction of increment 2 of a wharves
improvement at Apra Harbor, Guam, authorized by section 2201(b)
of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2633),
$40,000,000.
(9) For the construction of increment 2 of north ramp
utilities at Andersen Air Force Base, Guam, authorized by
section 2201(b) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123
Stat. 2633), $79,350,000.
(10) For the construction of increment 2 of north ramp
parking at Andersen Air Force Base, Guam, authorized by section
2201(b) of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat.
2633), $93,588,000.
(11) For the construction of increment 2 of a tertiary
water treatment plant at Marine Corps Base Camp Pendleton,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2010 (division B
of Public Law 111-84; 123 Stat. 2632), $30,000,000.
SEC. 2205. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 531), the authorization set forth in the
table in subsection (b), as provided in section 2203 of that Act, shall
remain in effect until October 1, 2011, or the date 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:
Navy: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide.............................. Various..................... Host Nation Infrastructure.. $2,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2206. TECHNICAL AMENDMENT TO CARRY OUT CERTAIN FISCAL YEAR 2010
PROJECT.
Section 2204(a) of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2635), is
amended by adding at the end the following new paragraph:
``(14) For the construction of the first increment of a
tertiary water treatment plant at Marine Corps Base Camp
Pendleton, California, authorized by section 2201(a),
$112,330,000.''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force 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:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................ Maxwell Air Force Base................. $13,400,000
Alaska................................. Eielson Air Force Base................ $28,000,000
Elmendorf Air Force Base............... $30,274,000
Arizona................................ Davis-Monthan Air Force Base........... $48,500,000
Fort Huachuca......................... $11,000,000
Colorado............................... Buckley Air Force Base................. $12,160,000
Peterson Air Force Base............... $24,800,000
U.S. Air Force Academy................. $27,600,000
District of Columbia................... Bolling Air Force Base................. $13,200,000
Delaware............................... Dover Air Force Base................... $3,200,000
Florida................................ Eglin Air Force Base................... $11,400,000
Hurlburt Field........................ $34,670,000
Patrick Air Force Base................. $158,009,000
Louisiana.............................. Barksdale Air Force Base.............. $18,140,000
Nevada................................. Creech Air Force Base................. $11,710,000
Nellis Air Force Base................. $51,640,000
New Jersey............................. McGuire Air Force Base................ $26,440,000
New Mexico............................. Cannon Air Force Base.................. $34,000,000
Holloman Air Force Base............... $37,970,000
Kirtland Air Force Base............... $24,402,000
New York............................... Fort Drum.............................. $20,440,000
North Dakota........................... Minot Air Force Base................... $18,770,000
Oklahoma............................... Tinker Air Force Base................. $14,000,000
South Carolina......................... Charleston Air Force Base............. $15,000,000
Texas.................................. Dyess Air Force Base................... $4,080,000
Ellington Field........................ $7,000,000
Lackland Air Force Base............... $127,280,000
Utah................................... Hill Air Force Base.................... $2,800,000
Virginia............................... Langley Air Force Base................. $8,800,000
Wyoming................................ Camp Guernsey......................... $4,650,000
Unspecified............................ Unspecified Locations.................. $76,600,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force 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:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan........................... Bagram Air Base......................... $42,960,000
Bahrain............................... Shaikh Isa Air Base..................... $45,000,000
Guam.................................. Andersen Air Force Base................. $50,300,000
Germany............................... Kapaun.................................. $19,600,000
Ramstein Air Base....................... $22,354,000
Vilseck................................ $12,900,000
Italy................................. Aviano Air Base......................... $29,200,000
Korea................................. Kunsan Air Base......................... $7,500,000
Qatar................................. Al Udeid Air Base....................... $62,300,000
United Kingdom........................ RAF Mildenhall.......................... $15,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(5)(A), the Secretary of the Air Force
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 $4,225,000.
SEC. 2303. 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 2304(5)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $73,800,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
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 Air Force in the total amount of $1,903,202,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $919,935,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $307,114,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$18,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,336,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $78,025,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $513,792,000.
SEC. 2305. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2007
PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2007 (division B of
Public Law 109-364; 120 Stat. 2463), the authorization set forth in the
table in subsection (b), as provided in section 2302 of that Act and
extended by section 2307 of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2639),
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:
Air Force: Extension of 2007 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Idaho................................. Mountain Home Air Force Replace Family Housing (457 $107,800,000
Base. Units).
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(1), the
Secretary of Defense 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:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Fort Benning............................ $2,800,000
New York.............................. U.S. Military Academy................... $27,960,000
North Carolina........................ Fort Bragg.............................. $45,086,000
Marine Corps Base, Camp Lejeune......... $16,646,000
Virginia.............................. Marine Corps Base, Quantico............. $47,355,000
----------------------------------------------------------------------------------------------------------------
Defense Information Systems Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Illinois.............................. Scott Air Force Base.................... $1,388,000
----------------------------------------------------------------------------------------------------------------
Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia................... Bolling Air Force Base................. $3,000,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Base, Ventura City (Point Mugu)........ $3,100,000
Georgia............................... Hunter Air National Guard Station............ $2,400,000
Hawaii................................ Hickam Air Force Base........................ $8,500,000
Idaho................................ Mountain Home Air Force Base................ $27,500,000
Maryland.............................. Andrews Air Force Base....................... $14,000,000
Ohio.................................. Defense Supply Center, Columbus.............. $7,400,000
Pennsylvania.......................... Defense Distribution Depot, New Cumberland... $96,000,000
Virginia.............................. Craney Island................................ $58,000,000
----------------------------------------------------------------------------------------------------------------
National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Augusta................................. $12,855,000
Maryland.............................. Fort Meade.............................. $219,360,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Yuma Proving Ground..................... $8,977,000
Colorado.............................. Fort Carson............................. $3,717,000
Florida............................... Eglin Air Force Base................... $6,030,000
Georgia............................... Fort Benning............................ $24,065,000
Hunter Army Airfield.................... $3,318,000
Hawaii................................ Naval Station, Pearl Harbor............. $28,804,000
Kentucky.............................. Fort Campbell........................... $38,095,000
New Mexico............................ Cannon Air Force Base................... $116,225,000
North Carolina........................ Fort Bragg.............................. $123,607,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Fort Stewart............................ $35,100,000
Maryland.............................. Bethesda National Naval Medical Center.. $80,000,000
Fort Detrick........................... $45,700,000
Massachusetts......................... Hanscom Air Force Base.................. $2,900,000
New Mexico............................ White Sands Missile Range.............. $22,900,000
Texas................................. Lackland Air Force Base................ $162,500,000
Virginia.............................. Fort Belvoir........................... $6,300,000
Washington............................ Fort Lewis.............................. $8,400,000
----------------------------------------------------------------------------------------------------------------
Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Pentagon Reservation.................... $63,324,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(2), the
Secretary of Defense 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:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium............................... Brussels............................... $67,311,000
Germany............................... Panzer Kaserne......................... $48,968,000
Puerto Rico........................... Fort Buchanan........................... $58,708,000
United Kingdom........................ Royal Air Force Alconbury............... $30,308,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan................................. Kadena Air Base......................... $3,000,000
Misawa Air Base......................... $31,000,000
United Kingdom........................ RAF Mildenhall......................... $15,900,000
----------------------------------------------------------------------------------------------------------------
National Security Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Qatar................................. Al Udeid Air Base....................... $1,961,000
United Kingdom........................ Menwith Hill Station................... $2,000,000
----------------------------------------------------------------------------------------------------------------
North Atlantic Treaty Organization
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium............................... NATO Headquarters...................... $31,863,000
----------------------------------------------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Katterbach.............................. $37,100,000
Vilseck................................. $34,800,000
Korea................................. Camp Carroll............................ $19,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(6), the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, in the amount of $120,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
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
Defense (other than the military departments) in the total amount of
$3,186,137,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $1,373,312,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $382,419,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$42,856,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $431,617,000.
(6) For energy conservation projects under chapter 173 of
title 10, United States Code, $120,000,000.
(7) For military family housing functions:
(A) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $50,464,000.
(B) For credits to the Department of Defense Family
Housing Improvement Fund under section 2883 of title
10, United States Code, and the Homeowners Assistance
Fund established under section 1013 of the
Demonstration Cities and Metropolitan Development Act
of 1966 (42 U.S.C. 3374), $17,611,000.
(8) For the construction of increment 5 of the Army Medical
Research Institute of Infectious Diseases Stage I at Fort
Detrick, Maryland, authorized by section 2401(a) of the
Military Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$17,400,000.
(9) For the construction of increment 3 of replacement fuel
storage facilities at Point Loma Annex, California, authorized
by section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 521), as amended by section 2406 of the Military
Construction Authorization Act of Fiscal Year 2010 (division B
of Public Law 111-84; 123 Stat. 2646), $20,000,000.
(10) For the construction of increment 3 of the United
States Army Medical Research Institute of Chemical Defense
replacement facility at Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act of Fiscal Year 2009 (division B of Public Law
110-417; 122 Stat. 4689), $105,000,000.
(11) For the construction of increment 3 of a National
Security Agency data center at Camp Williams, Utah, authorized
as a Military Construction, Defense-Wide project by the
Supplemental Appropriations Act, 2009 (Public Law 111-32; 123
Stat. 1888), $398,358,000.
(12) For the construction of increment 2 of the hospital at
Fort Bliss, Texas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2642),
$147,100,000.
(13) For the construction of increment 2 of a hospital at
Naval Activities, Guam, authorized by section 2401(b) of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2643), $70,000,000.
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION
CONSTRUCTION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for military construction and land
acquisition for chemical demilitarization in the total amount of
$124,971,000, as follows:
(1) For the construction of phase 12 of a chemical
munitions demilitarization facility at Pueblo Chemical
Activity, Colorado, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as amended
by section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839), section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), and section 2413 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B
of Public Law 110-417; 122 Stat. 4697), $65,569,000.
(2) For the construction of phase 11 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298), section
2405 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
and section 2414 of the Military Construction Authorization Act
for Fiscal Year 2009 (division B of Public Law 110-417; 122
Stat. 4697), as amended by section 2412 of this Act,
$59,402,000.
SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2000 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), is amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army
Depot, Kentucky, by striking ``$492,000,000'' in the amount
column and inserting ``$746,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,203,920,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of
Public Law 107-314; 116 Stat. 2698), and section 2414 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4697), is further amended by striking
``$469,200,000'' and inserting ``$723,200,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $258,884,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................ Florence............................... $16,500,000
Arkansas............................... Camp Robinson.......................... $30,000,000
Fort Chafee........................... $21,500,000
California............................. Camp Roberts........................... $19,000,000
Colorado............................... Colorado Springs....................... $20,000,000
Fort Carson............................ $40,000,000
Gypsum................................. $39,000,000
Windsor................................ $7,500,000
Connecticut............................ Windsor Locks.......................... $41,000,000
Delaware............................... New Castle............................. $27,000,000
Georgia................................ Cumming................................ $17,000,000
Dobbins Air Reserve Base.............. $10,400,000
Hawaii................................. Kalaeloa............................... $38,000,000
Idaho.................................. Gowen Field............................ $17,500,000
Mountain Home......................... $6,300,000
Illinois............................... Springfield............................ $15,000,000
Kansas................................. Wichita................................ $67,000,000
Kentucky............................... Burlington............................. $19,500,000
Louisiana.............................. Fort Polk............................. $5,500,000
Minden................................ $28,000,000
Maryland............................... St. Inigoes............................ $5,500,000
Massachusetts.......................... Hanscom Air Force Base................. $23,000,000
Michigan............................... Camp Grayling Range.................... $19,000,000
Minnesota.............................. Arden Hills............................ $29,000,000
Camp Ripley........................... $8,750,000
Nebraska............................... Lincoln................................ $3,300,000
Mead.................................. $11,400,000
New Hampshire.......................... Pembroke............................... $36,000,000
New Mexico............................. Farmington............................. $8,500,000
North Carolina......................... High Point............................. $1,551,000
Camp Grafton........................... $11,200,000
Rhode Island........................... East Greenwich......................... $27,000,000
South Dakota........................... Watertown.............................. $25,000,000
Washington............................. Tacoma................................ $25,000,000
Wisconsin.............................. Madison................................ $5,700,000
Wyoming................................ Laramie................................ $14,400,000
Texas.................................. Camp Maxey............................. $2,500,000
Camp Swift............................. $2,600,000
West Virginia.......................... Moorefield............................. $14,200,000
Morgantown............................. $21,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations outside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Guam.................................. Barrigada............................... $19,000,000
Virgin Islands........................ St. Croix............................... $25,000,000
Puerto Rico........................... Santiago................................ $12,300,000
----------------------------------------------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2606(1), the Secretary
of the Army may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.................. Unspecified Worldwide Locations.......... $37,063,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California............................. Fairfield.............................. $26,000,000
Fort Hunger Liggett.................... $52,000,000
Florida................................ Miami.................................. $13,800,000
Orlando............................... $10,200,000
West Palm Beach........................ $10,400,000
Georgia................................ Macon.................................. $11,400,000
Iowa................................... Des Moines............................. $8,175,000
Illinois............................... Quincy................................. $12,200,000
Indiana................................ Michigan City.......................... $15,500,000
Massachusetts.......................... Devens Reserve Forces Training Area.... $4,700,000
Missouri............................... Kansas City............................ $11,800,000
New Mexico............................. Las Cruces............................. $11,400,000
New York............................... Binghamton............................. $13,400,000
Texas.................................. Dallas................................. $12,600,000
Rio Grande............................. $6,100,000
San Marcos............................. $8,500,000
Virginia............................... Fort A.P. Hill......................... $15,500,000
Roanoke............................... $14,800,000
Virginia Beach........................ $11,000,000
Wisconsin.............................. Fort McCoy............................. $19,800,000
----------------------------------------------------------------------------------------------------------------
(b) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2606(2), the Secretary
of the Army may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.................. Unspecified Worldwide Locations.......... $28,900,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(3), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in
the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California............................ Marine Corps Base, Twentynine Palms..... $5,991,000
Louisiana............................. New Orleans............................. $16,281,000
Virginia.............................. Williamsburg............................ $21,346,000
Washington............................ Yakima.................................. $13,844,000
----------------------------------------------------------------------------------------------------------------
(b) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2606(3), the Secretary
of the Navy may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.................. Unspecified Worldwide Locations.......... $4,095,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(4), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Montgomery Regional Airport (ANG)......... $7,472,000
Arizona............................... Davis Monthan Air Force Base............... $4,650,000
Delaware.............................. New Castle County Airport.................. $1,500,000
Florida............................... Jacksonville International Airport......... $6,700,000
Georgia............................... Savannah/Hilton Head International Airport. $7,450,000
Hawaii................................ Hickam Air Force Base...................... $71,450,000
Illinois.............................. Capital Municipal Airport.................. $16,700,000
Indiana............................... Hulman Regional Airport.................... $4,100,000
Maryland.............................. Martin State Airport....................... $11,400,000
New York.............................. Fort Drum.................................. $2,500,000
Stewart International Airport.............. $14,250,000
North Carolina........................ Stanly County Airport...................... $2,000,000
Pennsylvania.......................... State College Air National Guard Station... $4,100,000
Tennessee............................. Nashville International Airport............ $5,500,000
----------------------------------------------------------------------------------------------------------------
(b) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2606(4), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.................. Unspecified Worldwide Locations.......... $17,214,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(5), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Florida................................ Patrick Air Force Base................... $3,420,000
----------------------------------------------------------------------------------------------------------------
(b) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2606(5), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for unspecified installations or locations in the
amounts set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
Location Location or Installation Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.................. Unspecified Worldwide Locations.......... $4,412,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army, for the Army National
Guard of the United States, $873,664,000.
(2) For the Department of the Army, for the Army Reserve,
$318,175,000.
(3) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $61,557,000.
(4) For the Department of the Air Force, for the Air
National Guard of the United States, $176,986,000.
(5) For the Department of the Air Force, for the Air Force
Reserve, $7,832,000.
SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 531), the authorization set forth in the
tables in subsection (b), as provided in section 2601 and 2604 of that
Act, 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 tables referred to in subsection (a) are as
follows:
Army National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania........................... East Fallowfield Township... Readiness Center (SBCT)..... $8,300,000
----------------------------------------------------------------------------------------------------------------
Air National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Vermont................................ Burlington.................. Base Security Improvements.. $6,600,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $360,474,000, as follows:
(1) For the Department of the Army, $73,600,000.
(2) For the Department of the Navy, $162,000,000.
(3) For the Department of the Air Force, $124,874,000.
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry out
base closure and realignment activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $2,354,285,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2010, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, in the
total amount of $2,354,285,000, as follows:
(1) For the Department of the Army, $1,012,420,000.
(2) For the Department of the Navy, $342,146,000.
(3) For the Department of the Air Force, $127,255,000.
(4) For the Defense Agencies, $872,464,000.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
SEC. 2801. ALTERNATIVE USE OF PROCEEDS FROM THE SALE OF MILITARY FAMILY
HOUSING.
(a) Authority.--Section 2831 of title 10, United States Code, is
amended--
(1) in subsection (b), by striking ``There'' and inserting
``Except as provided in subsection (e), there'';
(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) Transfer of Funds.--The Secretary concerned may transfer
funds received under paragraph (3) of subsection (b) to the Department
of Defense Family Housing Improvement Fund established under subsection
(a) of section 2883 of this title.''.
(b) Expansion of Credits and Notification Requirement.--Section
2883 of such title is amended--
(1) in subsection (c)(1), by adding at the end the
following new subparagraph:
``(H) Subject to subsection (f), any amounts from
the proceeds of handling or disposal of family housing
of a military department transferred to that Fund
pursuant to section 2831(e) of this title.''; and
(2) in subsection (f), by striking ``subparagraph (B) or
(G) of paragraph (1)'' and inserting ``subparagraph (B), (G),
or (H) of paragraph (1)''.
SEC. 2802. INCREASE IN DOLLAR THRESHOLDS FOR AUTHORITIES RELATING TO
UNSPECIFIED MINOR CONSTRUCTION PROJECTS.
(a) Maximum Amount for Projects To Correct Deficiencies That Are
Life-Threatening, Health-Threatening, or Safety-Threatening.--
Subsection (a)(2) of section 2805 of title 10, United States Code, is
amended by striking ``$3,000,000'' in the second sentence and inserting
``$4,000,000''.
(b) Minimum Amount for Projects Subject to Secretarial Approval and
Congressional Notice-and-Wait.--Subsection (b)(1) of such section is
amended by striking ``$750,000'' and inserting ``$1,000,000''.
(c) Maximum Amount for Projects for Which Operation and Maintenance
Funds May Be Used.--Subsection (c)(1) of such section is amended--
(1) by striking ``not more than--'' and all that follows
through ``in the case of'' and inserting ``not more than
$1,000,000, except that such amount shall be $2,000,000 in the
case of'';
(2) by striking ``; or'' after ``safety-threatening'' and
inserting a period; and
(3) by striking subparagraph (B).
(d) Annual Report on Use of Operation and Maintenance Funds for
Minor Military Construction Projects.--Subsection (c) of such section
is further amended by adding at the end the following new paragraph:
``(3) Not later than three months after the close of each
fiscal year, the Secretary concerned shall submit to the
appropriate committees of Congress a report on the use of the
authority under paragraph (1) during that fiscal year. Each
such report shall set forth with respect to that fiscal year--
``(A) the amount of funds available for operation
and maintenance that were expended by the Secretary
using that authority; and
``(B) the number of military construction projects
undertaken by the Secretary using that authority.''.
SEC. 2803. ENHANCED AUTHORITY FOR USE OF OPERATION AND MAINTENANCE
FUNDS FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION
PROJECTS IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) Increased Cost Thresholds.--
(1) Operation & maintenance funds threshold.--
Notwithstanding the cost limitations in section 2805(c) of
title 10, United States Code, the Secretary concerned may spend
from appropriations available for operations and maintenance
amounts necessary to carry out unspecified minor military
construction projects in support of contingency operations.
(2) Minor military construction project threshold.--For
purposes of this section, an unspecified minor military
construction project is a military construction project that
has an approved cost equal to or less than $3,000,000.
(3) Contingency operations.--For purposes of paragraph (1),
an unspecified minor military construction project shall be
considered to be in support of contingency operations if the
project is necessary to meet military operational requirements
involving the use of the Armed Forces in support of--
(A) a declaration of war;
(B) a declaration by the President of a national
emergency under section 201 of the National Emergencies
Act (50 U.S.C. 1621); or
(C) a contingency operation (as such term is
defined in section 101 of title 10, United States
Code).
(b) Reporting.--
(1) Quarterly reports.--When a minor military construction
project is carried out under the authority of subsection (a),
the Secretary concerned shall submit a quarterly report on such
project to the appropriate congressional committees. Each such
report shall be submitted no later than 60 days after the end
of the fiscal-year quarter. Each such report shall include a
statement of obligations during that quarter for each project
covered by the report.
(2) Congressional committees.--The appropriate
congressional committees referred to in paragraph (1) are the
following:
(A) The Committee on Armed Services and the
Subcommittee on Military Construction, Veterans
Affairs, and Related Agencies of the Committee on
Appropriations of the Senate.
(B) The Committee on Armed Services and the
Subcommittee on Defense and the Subcommittee on
Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the
House of Representatives.
(3) Secretary concerned.--For purposes of this section, the
term ``Secretary concerned'' has the meaning applicable to such
term under section 2805 of title 10, United States Code.
(c) Expiration.--The authority to obligate funds under this section
shall expire on September 30, 2012.
SEC. 2804. FURTHER ENHANCEMENTS TO DEPARTMENT OF DEFENSE HOMEOWNERS
ASSISTANCE PROGRAM.
(a) Homeowners Assistance Related to Closed Military
Installations.--Paragraph (1)(A) of section 1013(c) of the
Demonstration Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3374(c)) is amended--
(1) in the matter preceding clause (i), by striking ``elect
either--'' and inserting ``elect to receive either of the
following:'';
(2) in clause (i)--
(A) by striking ``to receive a cash payment'' and
inserting ``A cash payment'';
(B) by striking ``the difference between--'' and
inserting ``the greater of the following:''; and
(C) by striking subclauses (I) and (II) and
inserting the following:
``(I) The amount of the difference
between--
``(aa) 95 percent of the
fair market value of their
property (as such value is
determined by the Secretary of
Defense) prior to public
announcement of intention to
close all or part of the
military base or installation;
and
``(bb) the fair market
value of such property (as such
value is determined by the
Secretary of Defense) at the
time of the sale.
``(II) The amount of the difference
between--
``(aa) the amount of the
outstanding mortgages; and
``(bb) the fair market
value of such property (as such
value is determined by the
Secretary of Defense) at the
time of the sale.''; and
(3) in clause (ii), by striking ``to receive, as purchase
price'' and inserting ``As purchase price''.
(b) Homeowners Assistance for Wounded Individuals and Their
Spouses.--Paragraph (2)(A) of such section is amended--
(1) in the matter preceding clause (i), by striking ``elect
either--'' and inserting ``elect to receive either of the
following:'';
(2) in clause (i)--
(A) by striking ``to receive a cash payment'' and
inserting ``A cash payment'';
(B) by striking ``the difference between--'' and
inserting ``the greater of the following:''; and
(C) by striking subclauses (I) and (II) and
inserting the following:
``(I) The amount of the difference
between--
``(aa) 95 percent of prior
fair market value of their
property (as such value is
determined by the Secretary of
Defense); and
``(bb) the fair market
value of such property (as such
value is determined by the
Secretary of Defense) at the
time of the sale.
``(II) The amount of the difference
between--
``(aa) the amount of the
outstanding mortgages; and
``(bb) the fair market
value of such property (as such
value is determined by the
Secretary of Defense) at the
time of the sale.''; and
(3) in clause (ii), by striking ``to receive, as purchase
price'' and inserting ``As purchase price''.
(c) Homeowners Assistance for Permanently Reassigned Individuals.--
Paragraph (3)(A) of such section is amended--
(1) in the matter preceding clause (i), by striking ``elect
either--'' and inserting ``elect to receive either of the
following:'';
(2) in clause (i)--
(A) by striking ``to receive a cash payment'' and
inserting ``A cash payment'';
(B) by striking ``the difference between--'' and
inserting ``the greater of the following:''; and
(C) by striking subclauses (I) and (II) and
inserting the following:
``(I) The amount of the difference
between--
``(aa) 95 percent of prior
fair market value of their
property (as such value is
determined by the Secretary of
Defense); and
``(bb) the fair market
value of such property (as such
value is determined by the
Secretary of Defense) at the
time of the sale.
``(II) The amount of the difference
between--
``(aa) the amount of the
outstanding mortgages; and
``(bb) the fair market
value of such property (as such
value is determined by the
Secretary of Defense) at the
time of the sale.''; and
(3) in clause (ii), by striking ``to receive, as purchase
price'' and inserting ``As purchase price''.
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