(a) In General- Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section:

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398; 10 U.S.C. 4551 note), as amended by section 341 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 69) and section 354 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2264), is further amended--

(a) Limitation- Of the amounts authorized to be appropriated for the Human Terrain System (hereinafter in this section referred to as the ‘HTS’) that are described in subsection (b), not more than 85 percent of the amounts remaining unobligated as of the date of enactment of this Act may be obligated until the Secretary of the Army submits to the congressional defense committees each of the following:

(b) Covered Authorizations or Appropriations- The amounts authorized to be appropriated described in this subsection are amounts authorized to be appropriated for fiscal year 2011, including such amounts authorized to be appropriated for oversees contingency operations, for--

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

(a) Requirements- In proposing the transfer of ownership of any aircraft from ownership by a reserve component of the Air Force to ownership by a regular component of the Air Force, including such a transfer to be made on a temporary basis, the Secretary of the Air Force shall ensure that a written agreement regarding such transfer of ownership has been entered into between the Director of the Air National Guard, the Commander of the Air Force Reserve Command, and the Chief of Staff of the Air Force. Any such agreement shall specify each of the following:

(b) Submittal of Agreements to Congress- The Secretary of the Air Force may not take any action to transfer the ownership of an aircraft as described in subsection (a) until the Secretary submits to the congressional defense committees an agreement entered into pursuant to such subsection regarding the transfer of ownership of the aircraft.

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

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

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

(a) Expedited Processing of Security Clearances- Section 1564 of title 10, United States Code, is amended--

‘(a) Expedited Process- The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for--

‘(1) Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; and

‘(2) any individual who--

‘(A) submits an application for a position as an employee of the Department of Defense for which--

‘(i) the individual is qualified; and

‘(ii) a security clearance is required; and

‘(B) is--

‘(i) a member of the armed forces who was retired or separated, or is expected to be retired or separated, for physical disability pursuant to chapter 61 of this title;

‘(ii) the spouse of a member of the armed forces who retires or is separated, after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, for a physical disability as a result of a wound, injuries or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned); or

‘(iii) the spouse of a member of the armed forces who dies, after the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, as a result of a wound, injury, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned).’; and

(2) by adding at the end the following new subsection:

‘(f) Use of Appropriated Funds- The Secretary of Defense may use funds authorized to be appropriated to the Department of Defense for operation and maintenance to conduct background investigations under this section for individuals described in subsection (a)(2).’.

(b) Effective Date- The amendments made by subsection (a) shall apply with respect to a background investigation conducted after the date of the enactment of this Act.

(a) Transportation on DOD Vehicles and Aircraft- Subsection (a) of section 2649 of title 10, United States Code, is amended--

(b) Amounts Charged for Transportation in Emergency, Disaster, or Humanitarian Response Cases-

(c) Transportation During Contingencies or Disaster Responses- Such section is further amended by adding at the end the following new subsection:

‘(c) Transportation of Allied Personnel During Contingencies or Disaster Responses- During the 5-year period beginning on the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, when space is available on vessels, vehicles, or aircraft operated by the Department of Defense and the Secretary of Defense determines that operations in the area of a contingency operation or disaster response would be facilitated if allied forces or civilians were to be transported using such vessels, vehicles, or aircraft, the Secretary may provide such transportation on a noninterference basis, without charge.’.

(d) Conforming Amendment- Section 2648 of such title is amended by inserting ‘, vehicles, or aircraft’ after ‘vessels’ in the matter preceding paragraph (1).

(e) Technical Amendments-

(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.’.

Section 2463(d)(1) of title 10, United States Code, is amended by striking ‘under the National Security Personnel System, as established’.

(a) Claims Authority-

(a) In General- Chapter 165 of title 10, United States Code, is amended by adding at the end the following new section:

(a) Review of Models- Not later than September 30, 2011, the Director of the Congressional Budget Office shall conduct a study to identify, compare, and contrast the budget preparation tools and models used by each of the military departments to determine funding levels for operational readiness requirements during the programming, planning, budgeting, and execution process and report the findings to the congressional defense committees. In carrying out such study, the Director shall--

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

(a) Findings- Congress makes the following findings:

(b) Sense of Congress- It is the sense of Congress that--

(1) DESIGNATION- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense, and a lead organization of the Department of Defense, to--

(2) RESOURCES- The Secretary shall ensure that the senior official and lead organization designated under paragraph (1) are assigned such personnel and resources as the Secretary considers appropriate to carry out this section.

(1) conduct a preliminary review of each application for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, that may have an adverse impact on military operations and readiness, unless such project has been granted a determination of no hazard. Such review shall, at a minimum, for each such project--

(2) develop, in coordination with other departments and agencies of the Federal Government, an integrated review process to ensure timely notification and consideration of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, that may have an adverse impact on military operations and readiness;

(3) establish procedures for the Department of Defense for the coordinated consideration of and response to a request for a review received from State and local officials or the developer of a renewable energy development or other energy project, including guidance to personnel at each military installation in the United States on how to initiate such procedures and ensure a coordinated Department response while seeking to fulfil the objective under subsection (a); and

(4) develop procedures for conducting early outreach to parties carrying out projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code, that could have an adverse impact on military operations and readiness, and to the general public, to clearly communicate notice on actions being taken by the Department of Defense under this section and to receive comments from such parties and the general public on such actions.

(1) STRATEGY REQUIRED- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, acting through the senior official and lead organization designated pursuant to subsection (b), shall develop a comprehensive strategy for addressing the military impacts of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49, United States Code.

(2) ELEMENTS- In developing the strategy required by paragraph (1), the Secretary of Defense shall--

(A) The Deputy Secretary of Defense.

(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics.

(C) The Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.

(1) REPORT TO CONGRESS- Not later than March 15 each year from 2011 through 2015, the Secretary of Defense shall submit to the congressional defense committees a report on the actions taken by the Department of Defense during the preceding year to implement this section and the comprehensive strategy developed pursuant to this section.

(2) CONTENTS OF REPORT- Each report submitted under paragraph (1) shall include--

(1) The term ‘military training route’ means a training route developed as part of the Military Training Route Program, carried out jointly by the Federal Aviation Administration and the Secretary of Defense, for use by the Armed Forces for the purpose of conducting low-altitude, high-speed military training.

(2) The term ‘military installation’ has the meaning given that term in section 2801(c)(4) of title 10, United States Code.

(3) The term ‘military readiness’ includes any training or operation that could be related to combat readiness, including testing and evaluation activities.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2011, as follows:

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

‘(1) For the Army, 547,400.

‘(2) For the Navy, 324,300.

‘(3) For the Marine Corps, 202,100.

‘(4) For the Air Force, 332,200.’.

(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.

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:

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:

(a) Limitations-

(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.

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:

(a) Authorization of Appropriations- There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2011 a total of $138,540,700,000.

(b) Construction of Authorization- The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2011.

(a) Age for Original Appointment as Health Professions Officer- Section 532(d)(2) of title 10, United States Code, is amended by striking ‘reserve’.

(b) Mandatory Retirement Age for Health Professions Officers-

(a) Regular Officers-

(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.

(a) Nondisclosure of Board Proceedings- Section 613a of title 10, United States Code, is amended--

‘(a) Prohibition on Disclosure- The proceedings of a selection board convened under section 573, 611, or 628 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.’;

‘(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 ‘sections 576(d) and 576(f)’ and inserting ‘sections 576(d), 576(f), and 613a’.

(c) Reserve Boards- Section 14104 of such title is amended--

‘(a) Prohibition on Disclosure- The proceedings of a selection board convened under section 14101 or 14502 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.’;

‘(c) Applicability- This section applies to all selection boards convened under section 14101 or 14502 of this title, regardless of the date on which the board was convened.’.

(a) Active-duty List- Section 629 of title 10, United States Code, is amended--

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

(b) Reserve Active-status List- Section 14310 of such title is amended--

‘(d) Administrative Removal- Under regulations prescribed by the Secretary concerned, if an officer on the reserve active-status list is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher grade under this chapter or having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer’s name shall be administratively removed from the list of officers recommended for promotion by a selection board.’.

(a) Limited Authority for Officers Selected for Appointment to Grades Above Major General and Rear Admiral-

(a) Army- Section 3911(b)(2) of title 10, United States Code, is amended by striking ‘January 6, 2006, and ending on December 31, 2008’ and inserting ‘the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013’.

(b) Navy and Marine Corps- Section 6323(a)(2)(B) of such title is amended by striking ‘January 6, 2006, and ending on December 31, 2008’ and inserting ‘the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013’.

(c) Air Force- Section 8911(b)(2) of such title is amended by striking ‘January 6, 2006, and ending on December 31, 2008’ and inserting ‘the date of the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 and ending on September 30, 2013’.

Section 12004(c) of title 10, United States Code, is amended--

Section 10216(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

‘(3) Paragraph (1) does not apply to a military technician (dual status) who is employed by the Air Force Reserve in an area other than the Air Force Reserve unit program, except that not more than 50 of such technicians may be assigned outside of the unit program at the same time.’.

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

‘(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, a person to fill a vacancy created by the mobilization of a military technician (dual status) occupying a position under section 10216 of this title.

‘(2) The duration of the temporary employment of a person in a military technician position under this subsection may not exceed the shorter of the following:

‘(A) The period of mobilization of the military technician (dual status) whose vacancy is being filled by the temporary employee.

‘(B) Two years.

‘(3) No person may be hired under the authority of this subsection after the end of the 2-year period beginning on the date of the enactment of this subsection.’.

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

‘(3) An individual employed as a non-dual status technician as described in subsection (a)(3) shall not be consider a non-dual status technician for purposes of paragraphs (1) and (2).’.

(a) Revision of Structure-

Section 12201(a)(2) of title 10, United States Code, is amended by striking ‘An officer transferred from the active-duty list of an armed force to a reserve active-status list of an armed force under section 647 of this title’ and inserting ‘If an officer is transferred from the active-duty list of an armed force to a reserve active-status list of an armed force in accordance with regulations prescribed by the Secretary of Defense, the officer’.

(a) Carryover of Accumulated Leave to Succeeding Period of Active Service- Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:

‘(k) A member of a reserve component who accumulates leave during a period of active service may carry over any leave so accumulated to the member’s next period of active service, subject to the accumulation limits in subsections (b), (d), and (f), without regard to separation or release from active service if the separation or release is under honorable conditions. The taking of leave carried over under this subsection shall be subject to the provisions of this section.’.

(b) Payment for Unused Accrued Leave- Section 501(a) of title 37, United States Code, is amended--

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

Section 668(a) of title 10, United States Code, is amended--

‘(2) In the context of joint matters, the term ‘integrated military forces’ refers to military forces that are involved in the planning or execution (or both) of operations involving participants from--

‘(A) more than one military department; or

‘(B) a military department and one or more of the following:

‘(i) Other departments and agencies of the United States.

‘(ii) The military forces or agencies of other countries.

‘(iii) Non-governmental persons or entities.’.

(a) Board Composition- Subsection (c) of section 612 of title 10, United States Code, is amended to read as follows:

‘(c)(1) Each selection board convened under section 611(a) of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer.

‘(2) Paragraph (1) applies with respect to an officer who--

‘(A) is serving on, or has served on, the Joint Staff; or

‘(B) is a joint qualified officer.

‘(3) The Secretary of Defense may waive the requirement in paragraph (1) in the case of--

‘(A) any selection board of the Marine Corps; or

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

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

(c) Action on Report of Selection Boards- Section 618(b) of such title is amended--

(a) Extension of Authority- Section 688a(f) of title 10, United States Code, is amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’.

(b) Report Required- Not later than April 1, 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an assessment by the Secretary of the need to extend the authority provided by section 688a of title 10, United States Code, beyond December 31, 2011. The report shall include, at a minimum, the following:

(a) In General- Chapter 40 of title 10, United States Code, is amended by inserting after section 705 the following new section:

(a) Members Eligible to Request Review of Retirement or Separation Without Pay for Physical Disability- Section 1554(a) of title 10, United States Code, is amended--

(b) Limitation on Reduction in Personnel Assigned to Duty With Service Review Agency- 1559(a) of such title is amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2013’.

(a) Disposition-

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

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

Section 580 of title 10, United States Code, is amended by adding at the end the following new subsection:

‘(f) A warrant officer subject to discharge or retirement under this section, but against whom any action has been commenced with a view to trying the officer by court-martial, may be continued on active duty, without prejudice to such action, until the completion of such action.’.

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

(a) Implementation of Outstanding Comptroller General Recommendations- Consistent with the recommendations contained in the report of the Comptroller General of the United States titled ‘Status of Implementation of GAO’s 2006 Recommendations on the Department of Defense’s Domestic Violence Program’ (GAO-10-577R), the Secretary of Defense shall complete, not later than one year after the date of enactment of this Act, implementation of actions to address the following recommendations:

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

(a) Clarification of Degree Covered by Program- Subsection (a) of section 2016 of title 10, United States Code, is amended by striking ‘a nursing degree’ and inserting ‘a bachelor of science degree in nursing’.

(b) Graduation Rates of Training Programs- Subsection (b) of such section is amended by inserting ‘in nursing’ after ‘bachelor of science degree’.

(c) Location of Programs- Subsection (d) of such section is amended to read as follows:

‘(d) Location of Programs- (1) An academic institution selected to operate an undergraduate nurse training program shall establish the program at or near a military installation that has a military treatment facility designated as a medical center with inpatient capability and multiple graduate medical education programs located on the installation or within reasonable proximity to the installation.

‘(2) Before approving a location as the site of an undergraduate nurse training program, the Secretary of Defense shall conduct an assessment to ensure that the establishment of the program at that location will not adversely impact or displace existing nurse training programs, either conducted by the Department of Defense or by a civilian entity, at the location.’.

(d) Pilot Program-

(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.’.

Section 2173(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

‘(4) The person is enrolled in the Armed Forces Health Professions Scholarship and Financial Assistance Program under subchapter I of chapter 105 of this title for a number of years less than is required to complete the normal length of the course of study required for the health profession concerned.’.

(a) Military Academy Graduates- Section 4348(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

‘(4) That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.’.

(b) Naval Academy Graduates- Section 6959(a) of such title is amended by adding at the end the following new paragraph:

‘(4) That if an appointment described in paragraph (2) or (3) is tendered and the midshipman participates in a program under section 2121 of this title, the midshipman will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.’.

(c) Air Force Academy Graduates- Section 9348(a) of such title is amended by adding at the end the following new paragraph:

‘(4) That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.’.

Section 2164(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

‘(3)(A) Under the circumstances described in subparagraph (B), the Secretary may, at the discretion of the Secretary, permit a dependent of a member of the armed forces to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residence on a military installation.

‘(B) Subparagraph (A) applies only if--

‘(i) the dependents reside in temporary housing (regardless of whether the temporary housing is on Federal property)--

‘(I) because of the unavailability of adequate permanent living quarters on the military installation to which the member is assigned; or

‘(II) while the member is wounded, ill, or injured; and

‘(ii) the Secretary determines that the circumstances of such living arrangements justify extending the enrollment authority to include the dependents.’.

(a) Assistance to Schools With Significant Numbers of Military Dependent Students- Of the amount authorized to be appropriated for fiscal year 2011 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).

(b) Assistance to Schools With Enrollment Changes Due to Base Closures, Force Structure Changes, or Force Relocations- Of the amount authorized to be appropriated for fiscal year 2011 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).

(c) Local Educational Agency Defined- In this section, the term ‘local educational agency’ has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

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

(a) Limitation on Eligible Persons- Section 1133 of title 10, United States Code, is amended to read as follows:

(a) Authorization- Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army is authorized and requested to award the Distinguished-Service Cross under section 3742 of that title to Shinyei Matayoshi for the acts of valor referred to in subsection (b).

(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of Tech Sergeant Shinyei Matayoshi on April 7, 1945, as a member of Company G, 2d Battalion, 442d Regimental Combat Team during World War II.

(a) Authorization- Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army is authorized and requested to award the Distinguished-Service Cross under section 3742 of such title to former Captain Jay C. Copley of the United States Army for the acts of valor during the Vietnam War described in subsection (b).

(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of then Captain Jay C. Copley on May 5, 1968, as commander of Company C of the 1st Battalion, 50th Infantry, attached to the 173d Airborne Brigade during an engagement with a regimental-size enemy force in Bin Dinh Province, South Vietnam.

(a) Commemorative Program Authorized- The Secretary of Defense may establish and conduct a program to commemorate the 60th anniversary of the Korean War (in this section referred to as the ‘commemorative program’). In conducting the commemorative program, the Secretary of Defense shall coordinate and support other programs and activities of the Federal Government, State and local governments, and other persons and organizations in commemoration of the Korean War.

(b) Schedule- If the Secretary of Defense establishes the commemorative program, the Secretary shall determine the schedule of major events and priority of efforts for the commemorative program to achieve the commemorative objectives specified in subsection (c). The Secretary of Defense may establish a committee to assist the Secretary in determining the schedule and conducting the commemorative program.

(c) Commemorative Activities and Objectives- The commemorative program may include activities and ceremonies to achieve the following objectives:

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

(e) Commemorative Fund-

(f) Acceptance of Voluntary Services-

(g) Report Required- If the Secretary of Defense conducts the commemorative program, the Inspector General of the Department of Defense shall submit to Congress, not later than 60 days after the end of the commemorative program, a report containing an accounting of--

(h) Limitation on Expenditures- Using amounts appropriated to the Department of Defense, the Secretary of Defense may not expend more than $5,000,000 to carry out the commemorative program.

(a) Inclusion of Spouse of General or Flag Officer- Subsection (b) of section 1781a of title 10, United States Code, is amended--

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

‘(G) The Director of the Office of Community Support for Military Families With Special Needs.’.

(c) Clarification of Appointment Options for Existing Member- Subparagraph (F) of subsection (b)(1) of such section, as redesignated by subsection (a)(1)(A), is amended to read as follows:

‘(F) In addition to the representatives appointed under subparagraphs (B) and (C), the senior enlisted advisor, or the spouse of a senior enlisted member, from each of the Army, Navy, Marine Corps, and Air Force.’.

(d) Appointment by Secretary of Defense- Subsection (b) of such section is further amended--

‘(3) The Secretary of Defense shall appoint the members of the Council required by subparagraphs (B) through (F) of paragraph (1).’.

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

‘(c) Director- (1) The head of the Office shall be the Director of the Office of Community Support for Military Families With Special Needs, who shall be a member of the Senior Executive Service or a general officer or flag officer.

‘(2) In the discharge of the responsibilities of the Office, the Director shall be subject to the supervision, direction, and control of the Under Secretary of Defense for Personnel and Readiness.’.

(b) Additional Responsibility for Office- Subsection (d) of such section is amended--

(c) Enhancement of Support- Section 563 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2304) is amended--

‘(c) Military Department Support for Local Centers to Assist Military Children With Special Needs- The Secretary of a military department may establish or support centers on or in the vicinity of military installations under the jurisdiction of such Secretary to coordinate and provide medical and educational services for children with special needs of members of the Armed Forces who are assigned to such installations.

‘(d) Advisory Panel on Community Support for Military Families With Special Needs-

‘(1) ESTABLISHMENT- Not later than 90 days after the date of the enactment of this subsection, the Secretary of Defense shall establish an advisory panel on community support for military families with special needs.

‘(2) MEMBERS- The advisory panel shall consist of seven individuals who are a member of a military family with special needs. The Secretary of Defense shall appoint the members of the advisory panel.

‘(3) DUTIES- The advisory panel shall--

‘(A) provide informed advice to the Director of the Office of Community Support for Military Families With Special Needs on the implementation of the policy required by subsection (e) of section 1781c of title 10, United States Code, and on the discharge of the programs required by subsection (f) of such section;

‘(B) assess and provide information to the Director on services and support for children with special needs that is available from other departments and agencies of the Federal Government and from State and local governments; and

‘(C) otherwise advise and assist the Director in the discharge of the duties of the Office of Community Support for Military Families With Special Needs in such manner as the Secretary of Defense and the Director jointly determine appropriate.

‘(4) MEETINGS- The Director shall meet with the advisory panel at such times, and with such frequency, as the Director considers appropriate. The Director shall meet with the panel at least once each year. The Director may meet with the panel through teleconferencing or by other electronic means.’.

(a) Office for Reintegration Programs- Subsection (d)(1) of section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note) is amended--

(b) Center for Excellence in Reintegration- Subsection (d)(2) of such section is amended by adding at the end the following new sentence: ‘The Center shall develop and implement a process for evaluating the effectiveness of the Yellow Ribbon Reintegration Program in supporting the health and well-being of members of the Armed Forces and their families throughout the deployment cycle described in subsection (g).’.

(c) State Deployment Cycle Support Teams- Subsection (f)(3) of such section is amended by inserting ‘and community-based organizations’ after ‘service providers’.

(d) Operation of Program During Deployment and Post-deployment-reconstitution Phases- Subsection (g) of such section is amended--

(e) Additional Outreach Service- Subsection (h) of such section, as amended by section 595(1) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2338), is amended by adding at the end the following new paragraph:

‘(15) Resiliency training to promote comprehensive programs for members of the Armed Forces to build mental and emotional resiliency for successfully meeting the demands of the deployment cycle.’.

Section 675 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 119 Stat. 2273; 10 U.S.C. 1781 note) is amended--

(1) All education programs of the Department of Defense and Department of Veterans Affairs that are in place to advance educational opportunities for military spouses.

(2) The efficacy and effectiveness of such education programs.

(3) The extent to which the availability of educational opportunities for military spouses influences the decisions of members to remain in the Armed Forces.

(4) A comparison of the costs associated with providing military spouse education opportunities as an incentive to retain members rather than recruiting or training new members.

(1) identify and assess obstacles faced by military families with children with special education needs in obtaining a free appropriate public education to address such needs;

(2) identify and assess evidence-based research and best practices for providing special education and related services (as those terms are defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)) for military children with special education needs;

(3) assess timeliness in obtaining special education and related services described in paragraph (2);

(4) determine and document the cost associated with obtaining special education and related services described in paragraph (2);

(5) assess the feasibility of establishing an individualized education program for military children with special education needs that is applicable across jurisdictions of local educational agencies in order to achieve reciprocity among States in acknowledging such programs;

(6) identify means of improving oversight and compliance with the requirements of section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414) relating to a local educational agency supporting an existing individualized education program for a child with special education needs who is relocating to another State pursuant to the permanent change of station of a military parent until an individualized education program is developed and approved for such child in the State to which the child relocates;

(7) assess the feasibility of establishing an expedited process for resolution of complaints by military parents with a child with special education needs about lack of access to education and related services otherwise specified in the individualized education program of the child;

(8) assess the feasibility of permitting the Department of Defense to contact the State to which a military family with a child with special education needs will relocate pursuant to a permanent change of station when the orders for such change of station are issued, but before the family takes residence in such State, for the purpose of commencing preparation for education and related services specified in the individualized education program of the child;

(9) assess the feasibility of establishing a system within the Department of Defense to document complaints by military parents regarding access to free and appropriate public education for their children with special education needs;

(10) identify means to strengthen the monitoring and oversight of special education and related services for military children with special education needs under the Interstate Compact on Educational Opportunities for Military Children; and

(11) consider such other matters as the Secretary of Defense and the Secretary of Education jointly consider appropriate.

(a) Codification and Expansion of Existing Authority to Cover Additional Members and Employees- Chapter 155 of title 10, United States Code, is amended by inserting after section 2601 the following new section:

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’.

(a) Admission Authority- Chapter 901 of title 10, United States Code, is amended by inserting after section 9314 the following new section:

‘(1) will further the military mission of the United States Air Force Institute of Technology; and

‘(2) will be done on a space-available basis and not require an increase in the size of the faculty of the school, an increase in the course offerings of the school, or an increase in the laboratory facilities or other infrastructure of the school.

‘(1) the curriculum in which defense industry employees may be enrolled under this section is not readily available through other schools and concentrates on the areas of focus specified in subsection (a)(1) that are conducted by military organizations and defense contractors working in close cooperation; and

‘(2) the course offerings at the United States Air Force Institute of Technology continue to be determined solely by the needs of the Department of Defense.

‘9314a. United States Air Force Institute of Technology: admission of defense industry civilians.’.

Paragraph (5) of section 3068 of title 10, United States Code, is amended--

Section 2193b(g) of title 10, United States Code, is amended by striking ‘90 days after the end of each fiscal year’ and inserting ‘March 31 of each year’.

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

(a) Ineligibility for Payments- Section 910(b) of title 37, United States Code, is amended by adding at the end the following new paragraph:

‘(3) A civilian employee of the Federal Government who is also a member of a reserve component is not entitled to a payment under this section for any period for which the employee is entitled to--

‘(A) a differential payment under section 5538 of title 5; or

‘(B) a comparable benefit under an administratively established program for civilian employees absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services.’.

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

The following sections of title 37, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:

(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’:

(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’:

The following sections of title 37, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:

The following sections of title 37, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:

The following sections of title 37, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:

The following sections of title 10, United States Code, are amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’:

Section 408a(e) of title 37, United States Code, is amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’.

(a) Payment of Travel Costs Authorized-

(a) Computation of Retired Pay- The table in section 1401(a) of title 10, United States Code, is amended--

(b) Recomputation of Retired or Retainer Pay to Reflect Later Active Duty of Members Who First Became Members Before September 8, 1980- The table in section 1402(d) of such title is amended--

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

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

(a) Setting Payment Date- Section 1412 of title 10, United States Code, is amended--

‘(b) Payment Date- Amounts of retired pay and retainer pay due a retired member of the uniformed services shall be paid on the first day of each month beginning after the month in which the right to such pay accrues.’.

(b) Clerical Amendments-

(c) Effective Date- Subsection (b) of section 1412 of title 10, United States Code, as added by subsection (a), shall apply beginning with the first month that begins more than 30 days after the date of the enactment of this Act.

Section 12731(f)(2)(B) of title 10, United States Code, is amended by adding at the end the following new clause:

‘(iii) If a member described in subparagraph (A) is wounded or otherwise injured or becomes ill while serving on active duty pursuant to a call or order to active duty under a provision of law referred to in the first sentence of clause (i) or in clause (ii), and the member is then ordered to active duty under section 12301(h)(1) of this title to receive medical care for the wound, injury, or illness, each day of active duty under that order for medical care shall be treated as a continuation of the original call or order to active duty for purposes of reducing the eligibility age of the member under this paragraph.’.

Subsection (c) of section 439 of title 37, United States Code, is amended to read as follows:

‘(c) Amount- The amount of monthly special compensation payable to a member under subsection (a) shall be the amount as follows:

‘(1) The monthly amount of aid and attendance payable under section 1114(r)(2) of title 38.

‘(2) Upon the establishment by the Secretary of Veterans Affairs pursuant to subparagraph (C) of section 1720G(a)(3) of title 38 of the schedule of monthly personal caregiver stipends under the Department of Veterans Affairs program of comprehensive assistance for family caregivers under subparagraph (A)(ii)(V) of such section, the monthly personal caregiver stipend payable with respect to similarly circumstanced veterans under such schedule, rather than the amount specified in paragraph (1).’.

It is the sense of Congress that--

Section 885 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 265; 10 U.S.C. 2304 note) is amended by adding at the end the following new subsection:

‘(c) Morale, Welfare, and Recreation Telephone Services Defined- In this section, the term ‘morale, welfare, and recreation telephone services’ means unofficial telephone calling center services supporting calling centers provided by the Army and Air Force Exchange Service, Navy Exchange Service Command, Marine Corps exchanges, or any other nonappropriated fund instrumentality of the United States under the jurisdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.’.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of a study to determine the feasibility of replacing the ‘Shoppette’ of the Army and Air Force Exchange Service in the Northern Mariana Islands with a full-service exchange store.

(a) Continuation of Operations- The Secretary of Defense shall provide for the continuation of commissary and exchange operations at Brunswick Naval Air Station, Maine, until the later of the following:

(b) Review and Determination- Not earlier than 120 days after the date of the enactment of this Act, the Secretary of Defense shall--

(a) Report Required- Not later than July 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report containing the following:

(b) Elements of Reviews- In conducting the reviews for purposes of subsection (a), the Secretary shall consider whether existing law, policies, and housing standards are suitable in terms of the following:

(a) Report Required- Not later than August 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report regarding the use and management of the special pay programs authorized in section 301b of title 37, United States Code, for aviation career officers extending a period of active duty.

(b) Elements of Report- The report required by subsection (a) shall include the following:

(a) Charges Under Contracts for Medical Care- Section 1097(e) of title 10, United States Code, is amended by striking ‘September 30, 2009’ and inserting ‘September 30, 2011’.

(b) Charges for Inpatient Care- Section 1086(b)(3) of such title is amended by striking ‘September 30, 2010’ and inserting ‘September 30, 2011’.

(a) Dependent Coverage-

Paragraph (2) of section 1076a(k) of title 10, United States Code, is amended to read as follows:

‘(2) Such term includes any such dependent of a member who dies--

‘(A) while on active duty for a period of more than 30 days; or

‘(B) while such member is a member of the Ready Reserve.’.

(a) Tinnitus Screening-

(b) Improving Aural Protection for Members of the Armed Forces-

(c) Center of Excellence- The Secretary shall ensure that all studies, findings, plans, and reports conducted or submitted under this section are transmitted to the center of excellence established by section 721 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4506).

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

Subsection (a) of section 1073 of title 10, United States Code, is amended--

‘(2) Except as otherwise provided in this chapter, the Secretary of Defense shall have responsibility for administering the TRICARE program and making any decision affecting such program.’.

(a) Requirement for Postdeployment Health Reassessments- Paragraph (1) of subsection (b) of section 1074f of title 10, United States Code, is amended to read as follows:

‘(1)(A) The system described in subsection (a) shall include the use of predeployment medical examinations and postdeployment medical examinations (including the assessment of mental health and the drawing of blood samples) and postdeployment health reassessments to--

‘(i) accurately record the health status of members before their deployment;

‘(ii) accurately record any changes in their health status during the course of their deployment; and

‘(iii) identify health concerns, including mental health concerns, that may become manifest several months following their deployment.

‘(B) The postdeployment medical examination shall be conducted when the member is redeployed or otherwise leaves an area in which the system is in operation (or as soon as possible thereafter).

‘(C) The postdeployment health reassessment shall be conducted at an appropriate time during the period beginning 90 days after the member is redeployed and ending 180 days after the member is redeployed.’.

(b) Incorporation in Reassessments of Elements of Predeployment and Postdeployment Medical Examinations- Paragraph (2) of such subsection is amended by striking ‘and postdeployment medical examination’ and inserting ‘medical examination, postdeployment medical examination, and postdeployment health reassessment’.

(c) Recordkeeping- Subsection (c) of such section is amended--

(d) Quality Assurance- Subsection (d) of such section is amended--

Section 1094(d) of title 10, United States Code, is amended--

‘(3) A health-care professional referred to in paragraph (1) as being described in this paragraph is a member of the National Guard who--

‘(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and

‘(B) is performing training or duty under section 502(f) of title 32 in response to an actual or potential disaster.’.

(a) Review of Training Programs for Medical Officers-

(b) Annual Report on Graduate Medical Education Programs-

(a) Enterprise Risk Assessment Methodology Study-

(b) Report on Health Information Technology Organizational Structure and Future Plans-

(c) Report on GAO Report Required- Not later than March 31, 2011, the Secretary of Defense shall submit to the congressional defense committees a report on the report by the Comptroller General of the United States titled ‘Information Technology: Opportunities Exist to Improve Management of DOD’s Electronic Health Record Initiative’ (GAO-11-50), including--

(a) Education and Training Required- The Secretary of Defense shall develop and implement training, available through the Internet or other means, on the use of pharmaceuticals in rehabilitation programs for seriously ill or injured members of the Armed Forces.

(b) Recipients of Training- The training developed and implemented under subsection (a) shall be training for each category of individuals as follows:

(c) Elements of Training- The training developed and implemented under subsection (a) shall include the following:

(d) Tailoring of Training- The training developed and implemented under subsection (a) shall appropriately tailor the elements specified in subsection (c) for and among each category of individuals set forth in subsection (b).

(e) Review of Pharmacy-

Section 1178 of title 10, United States Code, is amended--

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

(b) Updates- The Secretary shall revise the policy required by subsection (a) on a periodic basis in accordance with experience and evolving best practice guidelines.

(a) Assessment- The Secretaries of the military departments shall each conduct an assessment of post-traumatic stress disorder incidence by military occupation, including identification of military occupations with a high incidence of such disorder.

(b) Report- Not later than one year after the date of the enactment of this Act, the Secretaries shall each submit to the congressional defense committees a report on the assessment under subsection (a).

(c) Centers of Excellence- The Secretary of Defense shall ensure that all studies, findings, plans, and reports conducted or submitted under this section are transmitted to the centers of excellence established by sections 1621 and 1622 of the Wounded Warrior Act (title XVI of Public Law 110-181).

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

(a) In General- Section 2320 of title 10, United States Code, is amended--

‘(g) In this section, the term ‘covered litigation support contractor’ means a contractor (including an expert or technical consultant) under contract with the Department of Defense to provide litigation support, which contractor executes a contract with the Government agreeing to and acknowledging--

‘(1) that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes stated in that contract;

‘(2) that the covered litigation support contractor will take all reasonable steps to protect the proprietary and nonpublic nature of the technical data furnished to the covered litigation support contractor; and

‘(3) that such technical data provided to the covered litigation support contractor under the authority of this section shall not be used by the covered litigation support contractor to compete against the third party for Government or non-Government contracts.’.

(b) Effective Date- The amendments made by subsection (a) shall take effect on the date that is 120 days after the date of the enactment of this Act.

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

(b) Original Baseline- For purposes of reporting requirements referred to in section 2430a(b) of title 10, United States Code, for the major subprogram designated under subsection (a), the Secretary shall use the Milestone B decision as the original baseline for the subprogram.

(c) Actions Following Critical Cost Growth-

(a) Requirement To Establish Procedures- Subsection (a) of section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended--

(b) Issues To Be Addressed- Subsection (b) of such section is amended--

(c) Response to Combat Emergencies- Subsection (c) of such section is amended--

‘(3) In any fiscal year in which the Secretary makes a determination described in paragraph (1), the Secretary may use any funds available to the Department of Defense for that fiscal year for acquisitions of supplies under this section if the determination includes a written finding that the use of such funds is necessary to address the combat capability deficiency in a timely manner. The authority of this section may not be used to acquire supplies in an amount aggregating more than $200,000,000 during any such fiscal year.’;

(d) Waiver of Certain Statues and Regulations- Subsection (d)(1) of such section is amended by striking ‘equipment’ in subparagraphs (A), (B), and (C) and inserting ‘supplies’.

(e) Testing Requirement- Subsection (e) of such section is amended--

(f) Limitation- Subsection (f) of such section is amended to read as follows:

‘(f) Limitation- In the case of supplies that are part of a major system for which a low-rate initial production quantity determination has been made pursuant to section 2400 of title 10, United States Code, the quantity of such supplies acquired using the procedures prescribed pursuant to this section may not exceed an amount consistent with complying with limitations on the quantity of articles approved for low-rate initial production for such system. Any such supplies shall be included in any relevant calculation of quantities for low-rate initial production for the system concerned.’.

(a) Review of Rapid Acquisition Process Required-

(b) Discriminating Urgent Operational Needs From Traditional Requirements-

(a) Program To Improve Information Technology Processes-

(a) Authority- Subject to subsection (b), the head of a covered agency may--

(b) Determination and Notification- The head of a covered agency may exercise the authority provided in subsection (a) only after--

(c) Delegation- The head of a covered agency may not delegate the authority provided in subsection (a) or the responsibility to make a determination under subsection (b) to an official below the level of the service acquisition executive for the agency concerned.

(d) Limitation on Disclosure- If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information--

(e) Definitions- In this section:

(f) Effective Date- The requirements of this section shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply to--

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

Section 2334 of title 10, United States Code, is amended--

‘(e) Estimates for Program Baseline and Analyses and Targets for Contract Negotiation Purposes- (1) The policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation in accordance with the requirements of subsection (a) shall provide that--

‘(A) cost estimates developed for baseline descriptions and other program purposes conducted pursuant to subsection (a)(6) are not to be used for the purpose of contract negotiations or the obligation of funds; and

‘(B) cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are based on the Government’s reasonable expectation of successful contractor performance in accordance with the contractor’s proposal and previous experience.

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

‘(3) Funds that are made available for a major defense acquisition program or major automated information system program in accordance with a cost estimate conducted pursuant to subsection (a)(6), but are excess to a cost analysis or target developed pursuant to paragraph (2), shall remain available for obligation in accordance with the terms of applicable authorization and appropriations Acts.

‘(4) Funds described in paragraph (3)--

‘(A) may be used--

‘(i) to cover any increased program costs identified by a revised cost analysis or target developed pursuant to paragraph (2);

‘(ii) to acquire additional end items in accordance with the requirements of section 2308 of this title; or

‘(iii) to cover the cost of risk reduction and process improvements; and

‘(B) may be reprogrammed, in accordance with established procedures, only if determined to be excess to program needs on the basis of a cost estimate developed with the concurrence of the Director of Cost Assessment and Program Evaluation.’.

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

(b) Elements- The guidance issued under subsection (a) shall, at a minimum--

(c) Manufacturing Readiness Expertise- The Secretary shall ensure that--

(d) Major Defense Acquisition Program Defined- In this section, the term ‘major defense acquisition program’ has the meaning given that term in section 2430(a) of title 10, United States Code.

(a) Extension of Reporting Requirements- Section 102(b) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1714; 10 U.S.C. 2430 note) is amended--

(b) Clarification That Prototypes May Be Acquired From Commercial, Government, or Academic Sources- Paragraph (4) of section 203(a) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1722; 10 U.S.C. 2430 note) is amended to read as follows:

‘(4) That prototypes--

‘(A) may be required under paragraph (1) or (3) for the system to be acquired or, if prototyping of the system is not feasible, for critical subsystems of the system; and

‘(B) may be acquired from commercial, government, or academic sources.’.

(c) Clarification That Certifications Are Not Required for Major Defense Acquisition Programs Following Milestone C Approval- Section 204(c)(2) of the Weapon Systems Acquisition Reform Act of 2009 (123 Stat. 1724) is amended--

(d) Clarification That Certain Milestone B Certification Criteria May Be Waived-

(e) Correction to Reference- Effective as of May 22, 2009, and as if included therein as enacted, section 205(c) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2433a note) is amended by striking ‘section 2433a(c)(3)’ and inserting ‘section 2433a(c)(1)(C)’.

(a) Reporting Requirements- Section 2430a(b) of title 10, United States Code, is amended--

‘(2) For a major defense acquisition program for which a designation of a major subprogram has been made under subsection (a), unit costs under this chapter shall be submitted in accordance with the definitions in subsection (d).’.

(b) Milestone A Approval Certification Requirements- Section 2366a of such title is amended--

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

(d) Conforming Amendments to Section 2399- Subsection (a) of section 2399 of such title is amended to read as follows:

‘(a) Condition for Proceeding Beyond Low-rate Initial Production- (1) The Secretary of Defense shall provide that a covered major defense acquisition program or a covered designated major subprogram may not proceed beyond low-rate initial production until initial operational test and evaluation of the program or subprogram is completed.

‘(2) In this subsection:

‘(A) The term ‘covered major defense acquisition program’ means a major defense acquisition program that involves the acquisition of a weapon system that is a major system within the meaning of that term in section 2302(5) of this title.

‘(B) The term ‘covered designated major subprogram’ means a major subprogram designated under section 2430a(a)(1) of this title that is a major subprogram of a covered major defense acquisition program.’.

(e) Conforming Amendments to Section 2434- Section 2434(a) of such title is amended--

‘(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 in this section to a program shall be treated as including such a subprogram.’.

(a) Extension- Section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C. 2533a note) is amended in subsection (f) by striking ‘on the date that is five years after the date of the enactment of this Act’ and inserting ‘on January 1, 2015’.

(b) Prohibition on Specification in Solicitations- No solicitation issued before January 1, 2015, by the Department of Defense may include a requirement that proposals submitted pursuant to such solicitation must include the use of fire resistant rayon fiber.

(c) Report Required-

(a) Repeal- Section 2473 of title 10, United States Code, is repealed.

(b) Clerical Amendment- The table of sections at the beginning of chapter 146 of such title is amended by striking the item relating to section 2473.

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

(b) Regulations Specified- The regulations referred to in subsection (a) are any portion of subpart 252.2 of the defense supplement to the Federal Acquisition Regulation that includes a definition of the term ‘produce’ for purposes of implementing section 2533b of title 10, United States Code.

(c) Completion of Review- The Secretary shall complete the review required by subsection (a) and any necessary and appropriate revisions to the defense supplement to the Federal Acquisition Regulation not later than 270 days after the date of the enactment of this Act.

(a) Review of Guidance- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review guidance issued by the military departments on the implementation of section 2320(e) of title 10, United States Code, to ensure that such guidance is consistent with the guidance issued by the Under Secretary of Defense for Acquisition, Technology, and Logistics and the requirements of this section. Such guidance shall be designed to ensure that the United States--

(b) Rights in Technical Data- Section 2320(a) of title 10, United States Code, is amended--

(c) Validation of Proprietary Data Restrictions- Section 2321(d)(2) of title 10, United States Code, is amended--

‘(C) The limitation in this paragraph shall not apply to a case in which the Secretary finds that reasonable grounds exist to believe that a contractor or subcontractor has erroneously asserted a use or release restriction with regard to technical data described in section 2320(a)(2)(A) of this title.’.

Paragraph (3) of section 2304c(e) of title 10, United States Code, is amended to read as follows:

‘(3) Paragraph (1)(B) and paragraph (2) of this subsection shall not be in effect after September 30, 2016.’.

Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--

(a) Permanent Authority- Section 2359b of title 10, United States Code, is amended--

(b) Pilot Program- Section 2359b of title 10, United States Code, as amended by subsection (a), is further amended by adding at the end the following new subsection (k):

‘(k) Pilot Program for Programs Other Than Major Defense Acquisition Programs-

‘(1) IN GENERAL- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall carry out a pilot program to expand the use of the authority provided in this section to provide opportunities for the introduction of innovative and cost-saving approaches to programs other than major defense acquisition programs through the submission, review, and implementation, where appropriate, of qualifying proposals.

‘(2) QUALIFYING PROPOSALS- For purposes of this subsection, a qualifying proposal is an offer to supply a nondevelopmental item that--

‘(A) is evaluated as achieving a level of performance that is at least equal to the level of performance of an item being procured under a covered acquisition program and as providing savings in excess of 15 percent after considering all costs to the Government of implementing such proposal; or

‘(B) is evaluated as achieving a level of performance that is significantly better than the level of performance of an item being procured under a covered acquisition program without any increase in cost to the Government.

‘(3) REVIEW PROCEDURES- The Under Secretary shall adopt modifications as may be needed to the procedures applicable to the Challenge Program to provide for Department of Defense review of, and action on, qualifying proposals. Such procedures shall include, at a minimum, the issuance of a broad agency announcement inviting interested parties to submit qualifying proposals in areas of interest to the Department.

‘(4) DEFINITIONS- In this subsection:

‘(A) NONDEVELOPMENTAL ITEM- The term ‘nondevelopmental item’ has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

‘(B) COVERED ACQUISITION PROGRAM- The term ‘covered acquisition program’ means any acquisition program of the Department of Defense other than a major defense acquisition program, but does not include any contract awarded under an exception to competitive acquisition authorized by the Small Business Act (15 U.S.C. 631 et seq.)

‘(C) LEVEL OF PERFORMANCE- The term ‘level of performance’, with respect to a nondevelopmental item, means the extent to which the item demonstrates required item functional characteristics.

‘(5) SUNSET- The authority to carry out the pilot program under this subsection shall terminate on the date that is five years after the date of the enactment of this Act.’.

(a) Competition Requirements for Task or Delivery Orders Under Energy Savings Performance Contracts- Section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended by adding at the end the following:

‘(c) Task or Delivery Orders- (1) The head of a Federal agency may issue a task or delivery order under an energy savings performance contract by--

‘(A) notifying all contractors that have received an award under such contract that the agency proposes to discuss energy savings performance services for some or all of its facilities and, following a reasonable period of time to provide a proposal in response to the notice, soliciting from such contractors the submission of expressions of interest in, and contractor qualifications for, performing site surveys or investigations and feasibility designs and studies, and including in the notice summary information concerning energy use for any facilities that the agency has specific interest in including in such task or delivery order;

‘(B) reviewing all expressions of interest and qualifications submitted pursuant to the notice under subparagraph (A);

‘(C) selecting two or more contractors (from among those reviewed under subparagraph (B)) to conduct discussions concerning the contractors’ respective qualifications to implement potential energy conservation measures, including--

‘(i) requesting references and specific detailed examples with respect to similar efforts and the resulting energy savings of such similar efforts; and

‘(ii) requesting an explanation of how such similar efforts relate to the scope and content of the task or delivery order concerned;

‘(D) selecting and authorizing--

‘(i) more than one contractor (from among those selected under subparagraph (C)) to conduct site surveys, investigations, feasibility designs and studies, or similar assessments for the energy savings performance contract services (or for discrete portions of such services), for the purpose of allowing each such contractor to submit a firm, fixed-price proposal to implement specific energy conservation measures; or

‘(ii) one contractor (from among those selected under subparagraph (C)) to conduct a site survey, investigation, feasibility design and study, or similar assessment for the purpose of allowing the contractor to submit a firm, fixed-price proposal to implement specific energy conservation measures;

‘(E) providing a debriefing to any contractor not selected under subparagraph (D);

‘(F) negotiating a task or delivery order for energy savings performance contracting services with the contractor or contractors selected under subparagraph (D) based on the energy conservation measures identified; and

‘(G) issuing a task or delivery order for energy savings performance contracting services to such contractor or contractors.

‘(2) The issuance of a task or delivery order for energy savings performance contracting services pursuant to paragraph (1) is deemed to satisfy the task and delivery order competition requirements in section 2304c(d) of title 10, United States Code, and section 303J(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(d)).

‘(3) The Secretary may issue guidance as necessary to agencies issuing task or delivery orders pursuant to paragraph (1).’.

(b) Effective Date- The amendment made by subsection (a) is inapplicable to task or delivery orders issued before the date of enactment of this Act.

(a) Definitions- Section 187 of title 10, United States Code, is amended by adding at the end the following new subsection:

‘(e) Definitions- In this section:

‘(1) The term ‘materials critical to national security’ means materials--

‘(A) upon which the production or sustainment of military equipment is dependent; and

‘(B) the supply of which could be restricted by actions or events outside the control of the Government of the United States.

‘(2) The term ‘military equipment’ means equipment used directly by the armed forces to carry out military operations.

‘(3) The term ‘secure supply’, with respect to a material, means the availability of a source or sources for the material, including the full supply chain for the material and components containing the material.’.

(b) Amendment Relating to Duties- Subsection (b) of section 187 of such title is amended to read as follows:

‘(b) Duties- In addition to other matters assigned to it by the Secretary of Defense, the Board shall--

‘(1) determine the need to provide a long term secure supply of materials designated as critical to national security to ensure that national defense needs are met;

‘(2) analyze the risk associated with each material designated as critical to national security and the effect on national defense that the nonavailability of such material would have;

‘(3) recommend a strategy to the President to ensure a secure supply of materials designated as critical to national security;

‘(4) recommend such other strategies to the President as the Board considers appropriate to strengthen the industrial base with respect to materials critical to national security; and

‘(5) publish not less frequently than once every two years in the Federal Register recommendations regarding materials critical to national security, including a list of specialty metals, if any, recommended for addition to, or removal from, the definition of ‘specialty metal’ for purposes of section 2533b of this title.’.

(1) in subsection (b)(2)--

(2) by redesignating subsections (c) and (d) as subsections (f) and (g), respectively; and

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

(A) Any contract that is awarded on or after the date that is 120 days after the date of the enactment of this Act.

(B) Any task or delivery order that is issued on or after the date that is 120 days after the date of the enactment of this Act pursuant to a contract that is awarded before, on, or after the date that is 120 days after the date of the enactment of this Act.

(A) Any contract described in paragraph (2)(A).

(B) Any task or delivery order described in paragraph (2)(B).

(1) by striking ‘combat operations’ each place it appears and inserting ‘combat operations or other significant military operations’; and

(2) in subsection (f), as redesignated by such section 831--

‘(2) OTHER SIGNIFICANT MILITARY OPERATIONS- For purposes of this section, the term ‘other significant military operations’ means activities, other than combat operations, as part of an overseas contingency operation that are carried out by United States Armed Forces in an uncontrolled or unpredictable high-threat environment where personnel performing security functions may be called upon to use deadly force.’.

(1) DETERMINATION REQUIRED FOR CERTAIN AREAS- Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall make a written determination for each of the following areas regarding whether or not the area constitutes an area of combat operations or an area of other significant military operations for purposes of designation as such an area under section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note), as amended by this section:

(2) SUBMISSION TO CONGRESS- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a copy of each written determination under paragraph (1), together with an explanation of the basis for such determination.

(1) by redesignating subsection (g), as redesignated by such section 831, as subsection (h) and inserting after subsection (f) the following new subsection (g):

(2) in subsection (h), as so redesignated--

(a) Review of Third-Party Standards and Certification Processes- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall--

(b) Revised Regulations- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall revise the regulations promulgated under section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) to ensure that such regulations--

(c) Inclusion of Third-Party Standards and Certifications in Revised Regulations-

(d) Definitions- In this section:

(e) Exception- The requirements of this section shall not apply to contracts entered into by elements of the intelligence community in support of intelligence activities.

(a) Expansion of Dispositions Subject to Authority- Section 823 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2412; 10 U.S.C. 2302 note) is amended--

‘(d) Determinations of Contractor Fault by Secretary of Defense-

‘(1) IN GENERAL- In any case described by paragraph (2), the Secretary of Defense shall--

‘(A) provide for an expeditious independent investigation of the causes of the serious bodily injury or death alleged to have been caused by the contractor as described in that paragraph; and

‘(B) make a final determination, pursuant to procedures established by the Secretary for purposes of this subsection, whether the contractor, in the performance of a covered contract, caused such serious bodily injury or death through gross negligence or with reckless disregard for the safety of civilian or military personnel of the Government.

‘(2) COVERED CASES- A case described in this paragraph is any case in which the Secretary has reason to believe that--

‘(A) a contractor, in the performance of a covered contract, may have caused the serious bodily injury or death of any civilian or military personnel of the Government; and

‘(B) such contractor is not subject to the jurisdiction of United States courts.

‘(3) CONSTRUCTION OF DETERMINATION- A final determination under this subsection may be used only for the purpose of evaluating contractor performance, and shall not be determinative of fault for any other purpose.’.

(b) Definition of Contractor- Paragraph (1) of subsection (e) of such section, as redesignated by subsection (a)(2) of this section, is amended to read as follows:

‘(1) The term ‘contractor’ means a company awarded a covered contract and a subcontractor at any tier under such contract.’.

(c) Technical Amendment- Subsection (c) of such section is further amended in the matter preceding paragraph (1) by striking ‘subsection (a)’ and inserting ‘subsection (b)’.

(d) Inclusion of Determinations of Contractor Fault in Database for Federal Agency Contract and Grant Officers and Suspension and Debarment Officials- Section 872(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4556) is amended by adding at the end the following new subparagraph:

‘(E) In an administrative proceeding, a final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302 note).’.

(e) Effective Date- The requirements of section 823 of the National Defense Authorization Act for Fiscal Year 2010, as amended by subsections (a) through (c), shall apply with respect to the following:

Section 863 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is amended to read as follows:

‘(A) The sources of information and data used to compile the information required under paragraph (2).

‘(B) A description of any known limitations of the data reported under paragraph (2), including known limitations of the methodology and data sources used to compile the report.

‘(C) Any plans for strengthening collection, coordination, and sharing of information on contracts in Iraq and Afghanistan through improvements to the common databases identified under section 861(b)(4).

‘(1) IN GENERAL- Within 180 days after submission of each annual joint report required under subsection (a), but in no case later than August 5 of each year until 2013, the Comptroller General of the United States shall review the joint report and submit to the relevant committees of Congress a report on such review.

‘(2) MATTERS COVERED- A report under this subsection shall, at minimum--

‘(3) ACCESS TO DATABASES AND OTHER INFORMATION- The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall provide to the Comptroller General full access to information on contracts in Iraq and Afghanistan for the purposes of the review carried out under this subsection, including the common databases identified under section 861(b)(4).’.

(a) Vice Chairman of Joint Chiefs of Staff To Be Chairman of Council- Subsection (c) of section 181 of title 10, United States Code, is amended--

(b) Role of Commanders of Combatant Commands as Members of Council- Paragraph (1) of subsection (c) of such section is further amended--

(c) Civilian Advisors-

(d) Recognition of Permanent Nature of Council- Subsection (a) of such section is amended by striking ‘The Secretary of Defense shall establish’ and inserting ‘There is’.

(a) Finding- Congress finds the following:

(b) Report-

(a) Assessment Required-

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

(c) Report-

(a) Review Required- The Comptroller General of the United States shall review the use of the national security exception to full and open competition provided in section 2304(c)(6) of title 10, United States Code, by the Department of Defense.

(b) Matters Reviewed- The review of the use of the national security exception required by subsection (a) shall include--

(c) Report- Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review required by subsection (a), including a discussion of each of the matters specified in subsection (b). The report shall include any recommendations relating to the matters reviewed that the Secretary considers appropriate. The report shall be submitted in unclassified form but may include a classified annex.

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

(b) Covered Entity- A covered entity under this section is an entity--

(c) Guidance- The Secretary of Defense shall issue guidance, including appropriate compliance mechanisms, to implement the requirement in subsection (a). To the extent determined appropriate by the Secretary, the guidance shall require covered entities, or any category of covered entities, to establish government security committees similar to those required for companies that are subject to foreign ownership control or influence mitigation measures.

(d) Report- Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the plan developed pursuant to subsection (a) and the guidance issued pursuant to subsection (c). The report shall specifically address the rationale for the Secretary’s decision on whether or not to require covered entities, or any category of covered entities, to establish government security committees similar to those required for companies that are subject to foreign ownership control or influence mitigation measures.

(a) Contract Requirement- The Secretary of Defense shall ensure that each contract described in subsection (b) awarded by the Department of Defense includes a provision requiring the photovoltaic devices provided under the contract to comply with the Buy American Act (41 U.S.C. 10a et seq.), subject to the exceptions to that Act provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law.

(b) Contracts Described- The contracts described in this subsection include energy savings performance contracts, utility service contracts, land leases, and private housing contracts, to the extent that such contracts result in ownership of photovoltaic devices by the Department of Defense. For the purposes of this section, the Department of Defense is deemed to own a photovoltaic device if the device is--

(c) Definition of Photovoltaic Devices- In this section, the term ‘photovoltaic devices’ means devices that convert light directly into electricity through a solid-state, semiconductor process.

Section 2533a(c) of title 10, United States Code, is amended by striking ‘subsection (b)(1)’ and inserting ‘subsection (b)’.

(1) IN GENERAL- The matters addressed by the review required by subsection(a) shall include, at a minimum, the following:

(2) FINDINGS AND RECOMMENDATIONS- The review required by subsection (a) shall include findings and recommendations related to--

This subtitle may be cited as the ‘Improve Acquisition Act of 2010’.

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

‘(1) determining the extent to which such elements of the defense acquisition system deliver value to the Department of Defense, taking into consideration the performance elements identified in subsection (b);

‘(2) assisting senior officials of the Department of Defense in identifying and developing lessons learned from best practices and shortcomings in the performance of such elements of the defense acquisition system; and

‘(3) assisting senior officials of the Department of Defense in developing acquisition workforce excellence under section 1701a of this title

‘(A) the extent to which acquisitions conducted by the element of the defense acquisition system under review meet applicable cost, schedule, and performance objectives; and

‘(B) the staffing and quality of the acquisition workforce and the effectiveness of the management of the acquisition workforce, including workforce incentives and career paths.

‘(i) the appropriate application of section 2306a of this title (relating to truth in negotiations);

‘(ii) the appropriate use of contract types appropriate to specific procurements;

‘(iii) the appropriate use of performance requirements;

‘(iv) the appropriate acquisition of technical data and other rights and assets necessary to support long-term sustainment and follow-on procurement; and

‘(v) the timely definitization of any undefinitized contract actions; and

‘(i) the assignment of appropriately qualified contracting officer representatives and other contract management personnel;

‘(ii) the extent of contract disputes, the reasons for such disputes, and the extent to which they have been successfully addressed;

‘(iii) the appropriate consideration of long-term sustainment and energy efficiency objectives; and

‘(iv) the appropriate use of integrated testing.

‘(1) the designation of elements of the defense acquisition system that are subject to performance assessment at an organizational level that ensures such assessments can be performed in an efficient and integrated manner;

‘(2) the frequency with which such performance assessments should be conducted;

‘(3) goals, standards, tools, and metrics for use in conducting performance assessments;

‘(4) the composition of the teams designated to perform performance assessments;

‘(5) any phase-in requirements needed to ensure that qualified staff are available to perform performance assessments;

‘(6) procedures for tracking the implementation of recommendations made pursuant to performance assessments;

‘(7) procedures for developing and disseminating lessons learned from performance assessments; and

‘(8) procedures for ensuring that information from performance assessments are retained electronically and are provided in a timely manner to the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Director of the Office of Performance Assessment and Root Cause Analysis as needed to assist them in performing their responsibilities under this section.

‘(1) the annual report prepared by the Secretary of Defense pursuant to section 1116 of title 31, United States Code, shall address the Department’s success in achieving performance goals established pursuant to such section for elements of the defense acquisition system; and

‘(2) the annual report prepared by the Director of the Office of Performance Assessment and Root Cause Analysis pursuant to section 103(f) of the Weapon Systems Acquisition Reform Act of 2009 (10 U.S.C. 2430 note), shall include information on the activities undertaken by the Department pursuant to such section, including a summary of significant findings or recommendations arising out of performance assessments.’.

(a) Report Required- The Comptroller General of the United States shall carry out a comprehensive review of the Joint Capabilities Integration and Development System (in this section referred to as ‘JCIDS’). Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the review and include in such report any recommendations the Comptroller General considers necessary and advisable to improve or replace JCIDS.

(b) Content of the Review-

(c) Definitions- In this section:

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

(b) Operational Requirements- With regard to requirements for the acquisition of services in support of combatant commands and military operations, the Secretary shall ensure--

(c) Supporting Requirements- With regard to requirements for the acquisition of services not covered by subsection (b), the Secretary shall ensure that the secretaries of the military departments and the heads of the Defense Agencies implement and bear chief responsibility for carrying out, within the military department or Defense Agency concerned, the process established pursuant to subsection (a) for such military department or Defense Agency.

(d) Implementation Plans Required- The Secretary shall ensure that an implementation plan is developed for each process established pursuant to subsection (a) that addresses, at a minimum, the following:

(e) Matters Required in Implementation Plan- Each plan required under subsection (d) shall provide for initial implementation of a process for identifying, assessing, reviewing, and validating requirements for the acquisition of services not later than one year after the date of the enactment of this Act and shall provide for full implementation of such process at the earliest date practicable.

(f) Consistency With Joint Guidance- Whenever, at any time, guidance is issued by the Chairman of the Joint Chiefs of Staff relating to requirements for the acquisition of services in support of combatant commands and military operations, each process established pursuant to subsection (a) shall be revised in accordance with such joint guidance.

(g) Definition- The term ‘requirements for the acquisition of services’ means objectives to be achieved through acquisitions primarily involving the procurement of services.

(h) Review of Supporting Requirements To Identify Savings- The secretaries of the military departments and the heads of the Defense Agencies shall review and validate each requirement described in subsection (c) with an anticipated cost in excess of $10,000,000 with the objective of identifying unneeded or low priority requirements that can be reduced or eliminated, with the savings transferred to higher priority objectives. Savings identified and transferred to higher priority objectives through review and revalidation under this subsection shall count toward the savings objectives established in the June 4, 2010, guidance of the Secretary of Defense on improved operational efficiencies and the annual reduction in funding for service support contractors required by the August 16, 2010, guidance of the Secretary of Defense on efficiency initiatives. As provided by the Secretary, cost avoidance shall not count toward these objectives.

(i) Extension of Authority- Subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by striking ‘September 30, 2010’ and inserting ‘December 31, 2011’.

(a) Review of Guidance- The Secretary of Defense shall review the acquisition guidance of the Department of Defense, including, at a minimum, the guidance contained in Department of Defense Instruction 5000.02 entitled ‘Operation of the Defense Acquisition System’.

(b) Matters Considered- The review performed under subsection (a) shall consider--

(c) Report- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing any changes in the acquisition guidance of the Department of Defense identified during the review required by subsection (a), and any actions taken, or planned to be taken, to implement such changes.

(a) Review Required- The Secretary of Defense, in consultation with the Administrator for Federal Procurement Policy and the heads of such other Federal agencies as the Secretary considers appropriate, shall review the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement to ensure that such regulations include appropriate guidance for and references to services acquisition that are in addition to references provided in part 37 and the Defense Supplement to part 37.

(b) Matters Considered- The review required by subsection (a) shall consider the extent to which additional guidance is needed--

(c) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing--

(1) IN GENERAL- The Secretary of Defense may carry out a pilot program to assess the feasability and advisability of acquiring military purpose nondevelopmental items in accordance with this section.

(2) SCOPE OF PROGRAM- Under the pilot program, the Secretary may enter into contracts with nontraditional defense contractors for the acquisition of military purpose nondevelopmental items in accordance with the requirements set forth in subsection (b).

(1) shall be a firm, fixed price contract, or a firm, fixed price contract with an economic price adjustment clause awarded using competitive procedures in accordance with chapter 137 of title 10, United States Code;

(2) shall be in an amount not in excess of $50,000,000, including all options;

(3) shall provide--

(4) shall be--

(A) The contractor.

(B) The item or items to be acquired.

(C) The military purpose to be served by such item or items.

(D) The amount of the contract.

(E) The actions taken by the Department of Defense to ensure that the price paid for such item or items is fair and reasonable.

(A) enabled the Department to acquire items that otherwise might not have been available to the Department;

(B) assisted the Department in the rapid acquisition and fielding of capabilities needed to meet urgent operational needs; and

(C) protected the interests of the United States in paying fair and reasonable prices for the item or items acquired.

(1) The term ‘military purpose nondevelopmental item’ means a nondevelopmental item that meets a validated military requirement, as determined in writing by the responsible program manager, and has been developed exclusively at private expense. For purposes of this paragraph, an item shall not be considered to be developed exclusively at private expense if development of the item was paid for in whole or in part through--

(2) The term ‘nondevelopmental item’--

(3) The term ‘nontraditional defense contractor’ has the meaning given that term in section 2302(9) of title 10, United States Code (as added by subsection (g)).

(4) The terms ‘independent research and developments costs’ and ‘bid and proposal costs’ have the meaning given such terms in section 31.205-18 of the Federal Acquisition Regulation.

(1) IN GENERAL- The authority to carry out the pilot program shall expire on the date that is five years after the date of the enactment of this Act.

(2) CONTINUATION OF CURRENT CONTRACTS- The expiration under paragraph (1) of the authority to carry out the pilot program shall not affect the validity of any contract awarded under the pilot program before the date of the expiration of the pilot program under that paragraph.

(1) NONTRADITIONAL DEFENSE CONTRACTOR- Section 2302 of title 10, United States Code, is amended by adding at the end the following:

‘(9) The term ‘nontraditional defense contractor’, with respect to a procurement or with respect to a transaction authorized under section 2371(a) of this title, means an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by the Department of Defense for the procurement or transaction, any of the following for the Department of Defense:

‘(A) Any contract or subcontract that is subject to full coverage under the cost accounting standards prescribed pursuant to section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422) and the regulations implementing such section.

‘(B) Any other contract in excess of $500,000 under which the contractor is required to submit certified cost or pricing data under section 2306a of this title.’.

(2) CONFORMING AMENDMENT- Section 845(f) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended to read as follows:

(a) Acquisition Workforce Excellence- Subchapter I of chapter 87 of title 10, United States Code, is amended by inserting after section 1701 the following new section:

(a) Codification Into Title 10-

(a) Career Paths-

(a) Continuing Education- Section 1723 of title 10, United States Code, as amended by section 873, is further amended by amending subsection (a) to read as follows:

‘(a) Qualification Requirements- (1) The Secretary of Defense shall establish education, training, and experience requirements for each acquisition position, based on the level of complexity of duties carried out in the position. In establishing such requirements, the Secretary shall ensure the availability and sufficiency of training in all areas of acquisition, including additional training courses with an emphasis on services contracting, market research strategies (including assessments of local contracting capabilities), long-term sustainment strategies, information technology, and rapid acquisition.

‘(2) In establishing such requirements for positions other than critical acquisition positions designated pursuant to section 1733 of this title, the Secretary may state the requirements by categories of positions.

‘(3) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish requirements for continuing education and periodic renewal of an individual’s certification. Any requirement for a certification renewal shall not require a renewal more often than once every five years.’.

(b) Standards for Training-

(a) Plan Required- The Secretary of Defense shall develop and carry out a plan to strengthen the part of the acquisition workforce that specializes in information technology. The plan shall include the following:

(b) Definitions- In this section:

(c) Deadline- The Secretary of Defense shall develop the plan required under this section not later than 270 days after the date of the enactment of this Act.

Section 101(a) of title 10, United States Code, is amended by inserting after paragraph (17) the following new paragraph:

‘(18) The term ‘acquisition workforce’ means the persons serving in acquisition positions within the Department of Defense, as designated pursuant to section 1721(a) of this title.’.

(a) Curriculum Review- Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall lead a review of the curriculum offered by the Defense Acquisition University to ensure it adequately supports the training and education requirements of acquisition professionals, particularly in service contracting, long term sustainment strategies, information technology, and rapid acquisition. The review shall also involve the service acquisition executives of each military department.

(b) Analysis of Funding Requirements for Training- Following the review conducted under subsection (a), the Secretary of Defense shall analyze the most recent future-years defense program to determine the amounts of estimated expenditures and proposed appropriations necessary to support the training requirements of the amendments made by section 874, including any new training requirements determined after the review conducted under subsection (a). The Secretary shall identify any additional funding needed for such training requirements in the separate chapter on the defense acquisition workforce required in the next annual strategic workforce plan under 115b of title 10, United States Code.

(c) Requirement for Ongoing Curriculum Development With Certain Schools-

‘(c) Curriculum Development- The President of the Defense Acquisition University shall work with the relevant professional schools and degree-granting institutions of the Department of Defense and military departments to ensure that best practices are used in curriculum development to support acquisition workforce positions.’.

(a) Interim Milestones-

(b) Valuation of Department of Defense Assets-

(c) Remedial Actions Required- In the event that the Department of Defense, or any component of the Department of Defense, is unable to meet an interim milestone established pursuant to subsection (a), the Under Secretary of Defense (Comptroller) shall--

(d) Incentives for Achieving Auditability-

(a) Process Review- Not later than one year after the date of the enactment of this Act, the Chief Management Officer of the Department of Defense, in coordination with the Chief Management Officer of each military department, the Director of the Office of Performance Assessment and Root Cause Analysis, the Under Secretary of Defense (Comptroller), and the Comptrollers of the military departments, shall complete a comprehensive review of the use and value of obligation and expenditure benchmarks and propose new benchmarks or processes for tracking financial performance, including, as appropriate--

(b) Training- The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Under Secretary of Defense (Comptroller) shall ensure that, as part of the training required for program managers and business managers, an emphasis is placed on obligating and expending appropriated funds in a manner that achieves the best value for the Government and that the purpose and limitations of obligation and expenditure benchmarks are made clear.

(c) Report- The Deputy Chief Management Officer of the Department of Defense shall include a report on the results of the review under this section in the next update of the strategic management plan transmitted to the Committees on Armed Services of the Senate and the House of Representatives under section 904(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 275; 10 U.S.C. note prec. 2201) after the completion of the review.

(a) Report-

(b) Health Care Contract Defined- In this section, the term ‘health care contract’ means a contract awarded by the Department of Defense in an amount greater than the simplified acquisition threshold for the acquisition of any of the following:

(a) Program To Expand Industrial Base Required- The Secretary of Defense shall establish a program to expand the industrial base of the Department of Defense to increase the Department’s access to innovation and the benefits of competition.

(b) Identifying and Communicating With Firms That Are Not Traditional Suppliers- The program established under subsection (a) shall use tools and resources available within the Federal Government and available from the private sector to provide a capability for identifying and communicating with firms that are not traditional suppliers, including commercial firms and firms of all business sizes, that are engaged in markets of importance to the Department of Defense in which such firms can make a significant contribution.

(c) Outreach to Local Firms Near Defense Installations- The program established under subsection (a) shall include outreach, using procurement technical assistance centers, to firms of all business sizes in the vicinity of Department of Defense installations regarding opportunities to obtain contracts and subcontracts to perform work at such installations.

(d) Industrial Base Review- The program established under subsection (a) shall include a continuous effort to review the industrial base supporting the Department of Defense, including the identification of markets of importance to the Department of Defense in which firms that are not traditional suppliers can make a significant contribution.

(e) Firms That Are Not Traditional Suppliers- For purposes of this section, a firm is not a traditional supplier of the Department of Defense if it does not currently have contracts and subcontracts to perform work for the Department of Defense with a total combined value in excess of $500,000

(f) Procurement Technical Assistance Center- In this section, the term ‘procurement technical assistance center’ means a center operating under a cooperative agreement with the Defense Logistics Agency to provide procurement technical assistance pursuant to the authority provided in chapter 142 of title 10, United States Code.

(a) Price Trend Analysis Procedures-

(b) Annual Report- Not later than April 1 of each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the analyses of price trends that were conducted for categories of covered supplies and equipment during the preceding fiscal year under the procedures implemented pursuant to paragraph (1). The report shall include a description of the actions taken to identify and address any unjustified price escalation for the categories of items.

(c) Definitions- In this section:

(d) Sunset Date- This section shall not be in effect on and after April 1, 2015.

(a) Improvement Program- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall develop and initiate a program for the improvement of contractor business systems to ensure that such systems provide timely, reliable information for the management of Department of Defense programs by the contractor and by the Department.

(b) Approval or Disapproval of Business Systems- The program developed pursuant to subsection (a) shall--

(c) Remedial Actions- The program developed pursuant to subsection (a) shall provide the following:

(d) Guidance and Training- The program developed pursuant to subsection (a) shall provide guidance and training to appropriate government officials on the data that is produced by contractor business systems and the manner in which such data should be used to effectively manage Department of Defense programs.

(e) Rule of Construction- Nothing in this section shall be construed to prohibit an official of the Department of Defense from reviewing, approving, or disapproving a contractor business system pursuant to any applicable law or regulation in force as of the date of the enactment of this Act during the period between the date of the enactment of this Act and the date on which the Secretary implements the requirements of this section with respect to such system.

(f) Definitions- In this section:

(g) Defense Contract Audit Agency Legal Resources and Expertise-

(a) Review and Recommendations- The Secretary of Defense, acting through the Director of Small Business Programs in the Department of Defense, shall review barriers to firms that are not traditional suppliers to the Department of Defense wishing to contract with the Department of Defense and its defense supply centers and develop a set of recommendations on the elimination of such barriers. The Director shall identify and consult with a wide range of firms that are not traditional suppliers to the Department of Defense for the purpose of identifying such barriers and developing such recommendations.

(b) Definition- For the purposes of this section, a firm is not a traditional supplier of the Department of Defense if it does not currently have contracts and subcontracts to perform work for the Department of Defense with a total combined value in excess of $500,000.

(c) Report- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report summarizing the findings and recommendations of the review conducted pursuant to this section.

(a) Revised Definitions- Section 2500 of title 10, United States Code, is amended--

(b) Revised Objectives- Section 2501(a) of such title is amended--

(c) Revised Assessments- Section 2505(b)(4) of such title is amended by inserting after ‘of this title)’ the following ‘or major automated information system programs (as defined in section 2445a of this title)’.

(d) Revised Policy Guidance- Section 2506(a) of such title is amended by striking ‘budget allocation, weapons’ and inserting ‘strategy, management, budget allocation,’.

(a) Deputy Assistant Secretary of Defense- Chapter 7 of title 10, United States Code, is amended by inserting after section 139d the following new section:

(a) Redesignation of Certain Positions in Office of Secretary of Defense-

(b) Amendments to Chapter 4 of Title 10 Relating to Reorganization-

‘(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) Other officers who are appointed by the President, by and with the advice and consent of the Senate, and who report directly to the Secretary and Deputy Secretary without intervening authority, as follows:

‘(A) The Director of Cost Assessment and Program Evaluation.

‘(B) The Director of Operational Test and Evaluation.

‘(C) The General Counsel of the Department of Defense.

‘(D) The Inspector General of the Department of Defense.

‘(5) The Principal Deputy Under Secretaries of Defense.

‘(6) The Assistant Secretaries of Defense.

‘(7) Other officials provided for by law, as follows:

‘(A) The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation appointed pursuant to section 139b(a) of this title.

‘(B) The Deputy Assistant Secretary of Defense for Systems Engineering appointed pursuant to section 139b(b) of this title.

‘(C) The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy appointed pursuant to section 139c of this title.

‘(D) The Director of Small Business Programs appointed pursuant to section 144 of this title.

‘(E) The official designated under section 1501(a) of this title to have responsibility for Department of Defense matters relating to missing persons as set forth in section 1501 of this title.

‘(F) The Director of Family Policy under section 1781 of this title.

‘(G) The Director of the Office of Corrosion Policy and Oversight assigned pursuant to section 2228(a) of this title.

‘(H) The official designated under section 2438(a) of this title to have responsibility for conducting and overseeing performance assessments and root cause analyses for major defense acquisition programs.

‘(8) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office.’.

(3) PRINCIPAL DEPUTY UNDER SECRETARIES OF DEFENSE- Section 137a of such title is amended--

(A) in subsections (a)(1), (b), and (d), by striking ‘Deputy Under’ and inserting ‘Principal Deputy Under’;

(B) in subsection (a)(2), by striking ‘(A) The’ and all that follows through ‘(5) of subsection (c)’ and inserting ‘The Principal Deputy Under Secretaries of Defense’;

(C) in subsection (c)--

(i) in paragraphs (1), (2), (3), (4), and (5), by striking ‘One of the Deputy’ and inserting ‘One of the Principal Deputy’;

(ii) in paragraphs (1), (2), and (3), by striking ‘appointed’ and all that follows through ‘this title’;

(iii) in paragraphs (4) and (5), by striking ‘shall be’ and inserting ‘is’; and

(iv) in paragraph (5), by inserting before the period at the end the following: ‘, who shall be appointed from among persons who have extensive expertise in intelligence matters’; and

(D) in subsection (d), by adding at the end the following new sentence: ‘The Principal Deputy Under Secretaries shall take precedence among themselves in the order prescribed by the Secretary of Defense.’.

(4) ASSISTANT SECRETARIES OF DEFENSE GENERALLY- Section 138 of such title is amended--

(A) in subsection (a)--

(i) in paragraph (1), by striking ‘12’ and inserting ‘16’; and

(ii) in paragraph (2), by striking ‘(A) The’ and all that follows through ‘The other’ and inserting ‘The’;

(B) in subsection (b)--

(i) in paragraphs (2), (3), (4), (5), and (6), by striking ‘shall be’ and inserting ‘is’;

(ii) in paragraph (7), by striking ‘appointed pursuant to section 138a of this title’; and

(iii) by adding at the end the following new paragraphs:

‘(8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Research and Engineering. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Research and Engineering shall have the duties specified in section 138b of this title.

‘(9) One of the Assistant Secretaries is the Assistant Secretary of Defense for Operational Energy Plans and Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Operational Energy Plans and Programs shall have the duties specified in section 138c of this title.

‘(10) One of the Assistant Secretaries is the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall have the duties specified in section 138d of this title.’; and

(C) in subsection (d), by striking ‘and the Director of Defense Research and Engineering’ and inserting ‘the Deputy Chief Management Officer of the Department of Defense, the officials serving in positions specified in section 131(b)(4) of this title, and the Principal Deputy Under Secretaries of Defense’.

(5) ASSISTANT SECRETARY FOR LOGISTICS AND MATERIEL READINESS- Section 138a(a) of such title is amended--

(A) by striking ‘There is a’ and inserting ‘The’; and

(B) by striking ‘, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Assistant Secretary’.

(6) ASSISTANT SECRETARY FOR RESEARCH AND ENGINEERING- Section 139a of such title is transferred so as to appear after section 138a, redesignated as section 138b, and amended--

(A) by striking subsection (a);

(B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;

(C) in subsection (a), as so redesignated, by striking ‘Director of Defense Research and Engineering’ and inserting ‘Assistant Secretary of Defense for Research and Engineering’; and

(D) in subsection (b), as so redesignated--

(i) in paragraph (1), by striking ‘Director of Defense Research and Engineering,’ and inserting ‘Assistant Secretary of Defense for Research and Engineering,’; and

(ii) in paragraph (2), by striking ‘Director’ and inserting ‘Assistant Secretary’.

(7) ASSISTANT SECRETARY FOR OPERATIONAL ENERGY PLANS AND PROGRAMS- Section 139b of such title is transferred so as to appear after section 138b (as transferred and redesignated by paragraph (6)), redesignated as section 138c, and amended--

(A) in subsection (a), by striking ‘There is a’ and all that follows through ‘The Director’ and inserting ‘The Assistant Secretary of Defense for Operational Energy Plans and Programs’;

(B) by striking ‘Director’ each place it appears and inserting ‘Assistant Secretary’;

(C) in subsection (d)(2)--

(i) by striking ‘Not later than’ and all that follows through ‘military departments’ and inserting ‘The Secretary of each military department’;

(ii) by striking ‘who will’ and inserting ‘who shall’; and

(iii) by inserting ‘so designated’ after ‘The officials’; and

(D) in subsection (d)(4), by striking ‘The initial’ and all that follows through ‘updates to the strategy’ and inserting ‘Updates to the strategy required by paragraph (1)’.

(8) ASSISTANT SECRETARY FOR NUCLEAR, CHEMICAL, AND BIOLOGICAL DEFENSE PROGRAMS- Section 142 of such title is transferred so as to appear after section 138c (as redesignated and transferred by paragraph (7)), redesignated as section 138d, and amended--

(A) by striking subsection (a);

(B) by redesignating subsection (b) as subsection (a) and in that subsection, as so redesignated, by striking ‘The Assistant to the Secretary’ and inserting ‘The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs’; and

(C) by striking subsection (c) and inserting the following new subsection (b):

‘(b) The Assistant Secretary may communicate views on issues within the responsibility of the Assistant Secretary directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.’.

(c) Deputy Chief Management Officer-

(l) Other Conforming Amendments-

(m) Technical Amendments-

(n) Executive Schedule Amendments-

(o) Inapplicability of Appointment Requirement to Certain Individuals Serving on Effective Date-

(p) Effective Date-

The Secretary of Defense and the Director of National Intelligence shall develop an integrated process for national security space architecture planning, development, coordination, and analysis that--

None of the funds authorized to be appropriated or otherwise made available by this Act to the Secretary of Defense for the National Polar-Orbiting Operational Environmental Satellite System Program may be obligated or expended for the costs of terminating a contract awarded under the Program unless the Secretary of Defense and the Secretary of Commerce enter into an agreement under which the Secretary of Defense and the Secretary of Commerce will each be responsible for half the costs of terminating the contract.

(a) In General- Except as provided in subsections (b) and (c), none of the funds authorized to be appropriated or otherwise made available by this Act or any other Act for the Department of Defense may be obligated or expended to purchase user equipment for the Global Positioning System during fiscal years after fiscal year 2017 unless the equipment is capable of receiving the military code (commonly known as the ‘M code’) from the Global Positioning System.

(b) Exception- The limitation under subsection (a) shall not apply with respect to the purchase of passenger vehicles or commercial vehicles in which Global Positioning System equipment is installed.

(c) Waiver- The Secretary of Defense may waive the limitation under subsection (a) if the Secretary determines that--

(a) In General- The Secretary of Defense shall, in consultation with the Director of National Intelligence and the Administrator for Nuclear Security, submit to the congressional defense committees a plan to integrate space-based nuclear detection sensors in a geosynchronous orbit on the Space-Based Infrared System or other satellite platforms.

(b) Limitation on Use of Funds for the Space-Based Infrared System-

(a) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Administrator of the National Aeronautics and Space Administration, submit to the appropriate committees of Congress a report on the impact of the cancellation of the Constellation program of the National Aeronautics and Space Administration on any anticipated next generation mission requirements for missile defense interceptors, tactical and strategic missiles, targets, and satellite and human spaceflight launch vehicles.

(b) Elements- The report required under subsection (a) shall include the following:

(c) Appropriate Committees of Congress Defined- In this subsection, the term ‘appropriate committees of Congress’ means--

(a) In General- The Secretary of Defense shall develop an implementation plan to sustain the solid rocket motor industrial base that--

(b) Submittal to Congress- The implementation plan required by subsection (a) shall be submitted to Congress with the budget of the President for fiscal year 2012 as submitted under section 1105(a) of title 31, United States Code.

(a) In General- The Secretary of Defense shall, in consultation with the Administrator of the National Aeronautics and Space Administration, review, and develop a plan to sustain, the liquid rocket propulsion systems industrial base.

(b) Elements- The review and plan required by subsection (a) shall address the following:

(c) Submittal to Congress- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the plan required by subsection (a).

The second sentence of section 431(a) of title 10, United States Code, is amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2015’.

(a) Findings- Section 923(a)(4) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-163; 117 Stat. 1574; 10 U.S.C. 426 note) is amended by striking ‘National Foreign Intelligence Program (NFIP), Joint Military Intelligence Program (JMIP), and Tactical Intelligence and Related Activities Program (TIARA)’ and inserting ‘National Intelligence Program (NIP) and a Military Intelligence Program (MIP)’.

(b) Additional Authorized Attendees- Section 426(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

‘(4) Each Secretary of a military department may designate an officer or employee of such military department to attend the proceedings of the Council as a representative of such military department.’.

(a) Report Required-

(b) Elements- The report required by subsection (a) shall include the following:

(c) Remotely Piloted Aircraft Defined- In this section, the term ‘ remotely piloted aircraft’ means any unmanned aircraft operated remotely, whether within or beyond line-of-sight, including unmanned aerial systems (UAS), unmanned aerial vehicles (UAV), remotely piloted vehicles (RPV), and remotely piloted aircraft (RPA).

(a) Report Required- Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall, in coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Under Secretary of Defense for Intelligence, submit to the appropriate committees of Congress a report on requirements fulfillment and personnel management in connection with Air Force intelligence, surveillance, and reconnaissance (ISR) provided by remotely piloted aircraft (RPA).

(b) Elements- The report required by subsection (a) shall include the following:

(c) Appropriate Committees of Congress Defined- In this section, the term ‘appropriate committees of Congress’ means--

(a) In General- The Secretary of Defense shall direct the Chief Information Officer of the Department of Defense to work, in coordination with the Chief Information Officers of the military departments and the Defense Agencies and with senior cybersecurity and information assurance officials within the Department of Defense and otherwise within the Federal Government, to achieve, to the extent practicable, the following:

(b) Definitions- In this section:

(a) Strategy Required- The Secretary of Defense shall develop and implement, by not later than October 1, 2011, a strategy for assuring the security of software and software-based applications for all covered systems.

(b) Covered Systems- For purposes of this section, a covered system is any critical information system or weapon system of the Department of Defense, including the following:

(c) Elements- The strategy required by subsection (a) shall include the following:

(d) Report- Not later than October 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report on the strategy required by subsection (a). The report shall include the following:

(a) Strategy Required- The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a strategy to provide for the rapid acquisition of tools, applications, and other capabilities for cyber warfare for the United States Cyber Command and the cyber operations components of the military departments.

(b) Basic Elements- The strategy required by subsection (a) shall include the following:

(c) Additional Elements- The strategy required by subsection (a) shall also provide for the following:

(d) Report on Strategy-

(a) Report Required- Not later than March 1, 2011, the Secretary of Defense shall submit to Congress a report on the cyber warfare policy of the Department of Defense.

(b) Elements- The report required under this section shall include the following:

(c) Form- The report required under this section shall be submitted in unclassified form, but may include a classified annex.

(A) military networks and mission capabilities; and

(B) critical infrastructure.

(1) Relevant valid Homeland Security Presidential Directives and National Security Presidential Directives.

(2) The Comprehensive National Cybersecurity Initiative.

(3) The National Military Strategy for Cyberspace Operations implementation plan.

(a) Extension of Waiver- Paragraph (1) of section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended by striking ‘fiscal years 2009 and 2010’ and inserting ‘fiscal years 2009 through 2012’.

(b) Annual Report- Paragraph (3) of such section is amended by striking ‘in 2010 and 2011’ and inserting ‘in each year through 2013’.

(a) Additional Activities Considered- As part of the quadrennial roles and missions review conducted in 2011 pursuant to section 118b of title 10, United States Code, the Secretary of Defense shall give consideration to the following activities, giving particular attention to their role in counter-terrorism operations:

(b) Additional Report Requirement- In the report required by section 118b(d) of such title for such review in 2011, the Secretary of Defense shall--

(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the organizational structure and policy guidance of the Department of Defense with respect to information operations.

(b) Review- In preparing the report required by subsection (a), the Secretary shall review the following:

(c) Form- The report required by subsection (a) shall be submitted in unclassified form, with a classified annex, if necessary.

(d) Department of Defense Directive- Upon the submittal of the report required by subsection (a), the Secretary shall prescribe a revised directive for the Department of Defense on information operations. The directive shall take into account the results of the review conducted for purposes of the report.

(e) Information Operations Defined- In this section, the term ‘information operations’ means the information operations specified in Department of Defense Directive 3600.1, as follows:

(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the organizational structures of the headquarters of the geographic combatant commands.

(b) Elements- The report required by subsection (a) shall include the following;

(a) Authority to Transfer Authorizations-

(b) Limitations- The authority provided by this section to transfer authorizations--

(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d) Notice to Congress- The Secretary shall promptly notify Congress of each transfer made under subsection (a).

In addition to the amounts otherwise authorized to be appropriated by this division, the amounts authorized to be appropriated for fiscal year 2010 in title XV of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) are hereby increased, with respect to any such authorized amount, as follows:

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act.

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most recently amended by section 1011 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), is further amended--

(a) Extension- Subsection (b) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by striking ‘2010’ and inserting ‘2011’.

(b) Availability of Authority-

‘(2)(A) Support for counter-terrorism activities provided under subsection (a) may only be provided if the Secretary of Defense determines that the objectives of using the counter-drug funds of any joint task force to provide such support relate significantly to the objectives of providing support for counter-drug activities by that joint task force or any other joint task force.

‘(B) The Secretary of Defense may waive the requirements of subparagraph (A) if the Secretary determines that such a waiver is vital to the national security interests of the United States. The Secretary shall promptly submit to Congress notice in writing of any waiver issued under this subparagraph.

‘(C) The Secretary of Defense may delegate any responsibility of the Secretary under subparagraph (B) to the Deputy Secretary of Defense or to the Under Secretary of Defense for Policy. Except as provided in the preceding sentence, such a responsibility may not be delegated to any official of the Department of Defense or any other official.’.

Section 1022(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-255), as most recently amended by section 1013 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2442), is further amended by striking ‘February 15, 2010’ and inserting ‘February 15, 2011’.

(a) In General- Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most recently amended by section 1014(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2442), is further amended by striking ‘2010’ and inserting ‘2012’.

(b) Maximum Amount of Support- Subsection (e)(2) of such section is amended by striking ‘either of fiscal years 2009 and 2010’ and inserting ‘any of the fiscal years 2009 through 2012’.

(a) Notice to Congress-

‘(3) This subsection may not be construed as an authorization for the use of funds for any military construction project that would exceed the approved cost limitations of an unspecified minor military construction project under section 2805(a)(2) of title 10, United States Code.’.

(b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to facilities projects for which a decision is made to be carried out on or after that date.

(a) Extension- Subsection (b) of section 1014 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4585) is amended by striking ‘September 30, 2010’ and inserting ‘September 30, 2015’.

(b) Clarification of Scope of Authority- Subsection (a) of such section is amended by inserting ‘in any fiscal year’ after ‘may be used’.

(a) Findings- Congress makes the following findings:

(b) Sense of Congress- It is the sense of Congress that the Secretary of the Navy should name a combat vessel of the United States Navy the ‘U.S.S. Father Vincent Capodanno’, in honor of Father Vincent Capodanno, a lieutenant in the Navy Chaplain Corps.

(a) In General- Section 231 of title 10, United States Code, is amended to read as follows:

Section 127b(c)(3)(C) of title 10, United States Code, is amended by striking ‘2010’ and inserting ‘2011’.

None of the funds authorized to be appropriated by this Act for fiscal year 2011 may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who--

(a) Limitation-

(b) Certification- The certification described in this subsection is a written certification made by the Secretary of Defense, with the concurrence of the Secretary of State, that the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantanamo is to be transferred--

(c) Prohibition and Waiver in Cases of Prior Confirmed Recidivism-

(d) Definitions- For the purposes of this section:

(a) In General- None of the funds authorized to be appropriated by this Act may be used to construct or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.

(b) Exception- The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.

(c) Individuals Described- An individual described in this subsection is any individual who, as of October 1, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who--

(d) Report on Use of Facilities in the United States to House Detainees Transferred From Guantanamo-

(a) Comprehensive Review Required- The Secretary of Defense shall conduct a comprehensive review of Department of Defense policies, regulations, instructions, and directives pertaining to force protection within the Department.

(b) Matters Covered- The review required under subsection (a) shall include an assessment of each of the following:

(c) Interim Report- Not later than September 1, 2012, the Secretary of Defense shall submit an interim report on the comprehensive review required under subsection (a).

(d) Final Report- Not later than March 1, 2013, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report on the comprehensive review required under subsection (a). The final report shall include such findings and recommendations as the Secretary considers appropriate based on the review, including recommended actions to be taken to implement the specific recommendations in the final report. The final report shall be submitted in an unclassified format, but may include a classified annex.

(a) Limitation- The Secretary of Defense shall ensure that no Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive Consequence Management Response Force established as of October 1, 2009, is deactivated or disestablished until the Secretary provides a certification described in subsection (b).

(b) Certification- The certification described in this subsection is a written certification to the congressional defense committees that there exists within the United States Armed Forces an alternative chemical, biological, radiological, nuclear, or high-yield explosive consequence management response capability that is at least as capable as two Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive Consequence Management Response Forces.

(c) Report Required-

(a) Study Required-

(b) Matters to Be Covered- The study required by subsection (a) shall assess the current state of interagency national security knowledge and skills in Department of Defense civilian and military personnel, and make recommendations for strengthening such knowledge and skills. At minimum, the study shall include assessments and recommendations on--

(c) Report- Not later than December 1, 2011, the Secretary of Defense shall submit to the congressional defense committees a report containing the findings and recommendations from the study required by subsection (a).

(d) Definition- In this section, the term ‘interagency national security knowledge and skills’ means an understanding of, and the ability to efficiently and expeditiously work within, the structures, mechanisms, and processes by which the departments, agencies, and elements of the Federal Government that have national security missions coordinate and integrate their policies, capabilities, budgets, expertise, and activities to accomplish such missions.

(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the need for the establishment of a Northeast Regional Joint Training Center.

(b) Contents of Report- The report required under subsection (a) shall include each of the following:

(c) Considerations With Respect to Location- In determining potential locations for the Northeast Regional Joint Training Center to be discussed in the report required under subsection (a), the Secretary of Defense shall take into consideration Department of Defense facilities that have--

(a) Report Required- Not later than March 1, 2011, the Comptroller General of the United States shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report evaluating the sufficiency, adequacy, and conclusions of the following reports:

(b) Matters Covered by Report- The report required by subsection (a) shall examine the potential costs and benefits of each of the following:

(c) Prohibition- No fighter aircraft may be retired from the Air Force or the Air National Guard inventory in fiscal year 2011 until the date that is 90 days after the date on which the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives receive the report required under subsection (a).

(a) Report- Not later than March 1 of each even-numbered year, beginning March 1, 2012, the Secretary of Defense, in consultation with the Administrator for Nuclear Security, shall submit to the congressional defense committees a report on the nuclear triad.

(b) Matters Included- The report under subsection (a) shall include the following:

(c) Nuclear Triad Defined- In this section, the term ‘nuclear triad’ means the nuclear deterrent capabilities of the United States composed of ballistic missile submarines, land-based missiles, and strategic bombers.

(a) Study Required- The Comptroller General of the United States shall conduct a study to assess the need for and implications of a common alignment of world regions in the internal organization of departments and agencies of the Federal Government with international responsibilities.

(b) Departments and Agencies- The following departments and agencies, at a minimum, shall be included in the study:

(c) Cooperation and Access- The heads of the departments and agencies included in the study shall provide full cooperation with, and access to appropriate information on organizational structures to, the Comptroller General for the purposes of conducting the study.

(d) Matters Covered- The study required under subsection (a) shall, at a minimum, assess--

(e) Report- The Comptroller General shall submit to Congress a report on the study required under subsection (a) not later than 180 days after the date of the enactment of this Act.

(a) Air Force Report-

(b) Cost Analysis and Program Evaluation Report- Not later than 180 days after the date of the enactment of this Act, the Director of the Cost Analysis and Program Evaluation of the Office of the Secretary of Defense shall submit to the congressional defense committees a report that includes--

(a) Study and Report Required- The Comptroller General of the United States shall conduct a study of the security of the southern land border of the United States and ongoing United States Government efforts to improve such security. Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the findings of the study and such recommendations based on such findings as the Comptroller General considers to be appropriate.

(b) Issues Addressed- The study and report required by subsection (a) shall address, at a minimum, the following issues:

(c) Specific Steps to Be Considered- The steps to be considered by the Comptroller General pursuant to paragraphs (3) and (4) of subsection (b) shall include the following:

(a) Public Availability-

(a) In General- Except as provided in subsection (c), the Secretary of Defense shall not prohibit, issue any requirement relating to, or collect or record any information relating to the otherwise lawful acquisition, possession, ownership, carrying, or other use of a privately owned firearm, privately owned ammunition, or another privately owned weapon by a member of the Armed Forces or civilian employee of the Department of Defense on property that is not--

(b) Existing Regulations and Records-

(c) Rule of Construction- Subsection (a) shall not be construed to limit the authority of the Secretary of Defense to--

(d) Review- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall--

(e) Military Installation Defined- In this section, the term ‘military installation’ has the meaning given that term under section 2687(e)(1) of title 10, United States Code.

(a) In General- The Secretary of Energy and the Secretary of Defense shall, acting through the Nuclear Weapons Council, develop the following:

(b) Report Required- Not later than March 1, 2012, the Secretary of Energy and the Secretary of Defense shall jointly submit to the congressional defense committees a report containing the criteria and the methodology developed pursuant to subsection (a).

Subsection (f) of section 118 of title 10, United States Code, is amended to read as follows:

‘(f) National Defense Panel-

‘(1) ESTABLISHMENT- Not later than February 1 of a year in which a quadrennial defense review is conducted under this section, there shall be established an independent panel to be known as the National Defense Panel (in this subsection referred to as the ‘Panel’). The Panel shall have the duties set forth in this subsection.

‘(2) MEMBERSHIP- The Panel shall be composed of ten members from private civilian life who are recognized experts in matters relating to the national security of the United States. Eight of the members shall be appointed as follows:

‘(A) Two by the chairman of the Committee on Armed Services of the House of Representatives.

‘(B) Two by the chairman of the Committee on Armed Services of the Senate.

‘(C) Two by the ranking member of the Committee on Armed Services of the House of Representatives.

‘(D) Two by the ranking member of the Committee on Armed Services of the Senate.

‘(3) CO-CHAIRS OF THE PANEL- In addition to the members appointed under paragraph (2), the Secretary of Defense shall appoint two members from private civilian life to serve as co-chairs of the panel.

‘(4) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the life of the Panel. Any vacancy in the Panel shall be filled in the same manner as the original appointment.

‘(5) DUTIES- The Panel shall have the following duties with respect to a quadrennial defense review:

‘(A) While the review is being conducted, the Panel shall review the updates from the Secretary of Defense required under paragraph (8) on the conduct of the review.

‘(B) The Panel shall--

‘(i) review the Secretary of Defense’s terms of reference and any other materials providing the basis for, or substantial inputs to, the work of the Department of Defense on the quadrennial defense review;

‘(ii) conduct an assessment of the assumptions, strategy, findings, and risks of the report on the quadrennial defense review required in subsection (d), with particular attention paid to the risks described in that report;

‘(iii) conduct an independent assessment of a variety of possible force structures of the armed forces, including the force structure identified in the report on the quadrennial defense review required in subsection (d);

‘(iv) review the resource requirements identified pursuant to subsection (b)(3) and, to the extent practicable, make a general comparison to the resource requirements to support the forces contemplated under the force structures assessed under this subparagraph; and

‘(v) provide to Congress and the Secretary of Defense, through the report under paragraph (7), any recommendations it considers appropriate for their consideration.

‘(6) FIRST MEETING- If the Secretary of Defense has not made the Secretary’s appointments to the Panel under paragraph (3) by February 1 of a year in which a quadrennial defense review is conducted under this section, the Panel shall convene for its first meeting with the remaining members.

‘(7) REPORT- Not later than 3 months after the date on which the report on a quadrennial defense review is submitted under subsection (d) to the congressional committees named in that subsection, the Panel established under paragraph (1) shall submit to those committees an assessment of the quadrennial defense review, including a description of the items addressed under paragraph (5) with respect to that quadrennial defense review.

‘(8) UPDATES FROM SECRETARY OF DEFENSE- The Secretary of Defense shall ensure that periodically, but not less often than every 60 days, or at the request of the co-chairs, the Department of Defense briefs the Panel on the progress of the conduct of a quadrennial defense review under subsection (a).

‘(9) ADMINISTRATIVE PROVISIONS-

‘(A) The Panel may request directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this subsection. The head of the department or agency concerned shall cooperate with the Panel to ensure that information requested by the Panel under this paragraph is promptly provided to the maximum extent practical.

‘(B) Upon the request of the co-chairs, the Secretary of Defense shall make available to the Panel the services of any federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense.

‘(C) The Panel shall have the authorities provided in section 3161 of title 5 and shall be subject to the conditions set forth in such section.

‘(D) Funds for activities of the Panel shall be provided from amounts available to the Department of Defense.

‘(10) TERMINATION- The Panel for a quadrennial defense review shall terminate 45 days after the date on which the Panel submits its final report on the quadrennial defense review under paragraph (7).’.

(a) State and Local Agencies to Which Sales May Be Made- Section 2576 of title 10, United States Code, is amended--

(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-

(a) Program Established- The Secretary of Defense shall establish a competitive, merit-based program to accelerate the fielding of technologies developed pursuant to phase II Small Business Innovation Research Program projects, technologies developed by the defense laboratories, and other innovative technologies (including dual use technologies). The purpose of this program is to stimulate innovative technologies and reduce acquisition or lifecycle costs, address technical risks, improve the timeliness and thoroughness of test and evaluation outcomes, and rapidly insert such products directly in support of primarily major defense acquisition programs, but also other defense acquisition programs that meet critical national security needs.

(b) Guidelines- Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidelines for the operation of the program. At a minimum such guidance shall provide for the following:

(c) Treatment Pursuant to Certain Congressional Rules- Nothing in this section shall be interpreted to require or enable any official of the Department of Defense to provide funding under this section to any earmark as defined pursuant to House Rule XXI, clause 9, or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5.

(d) Funding- Subject to the availability of appropriations for such purpose, the amounts authorized to be appropriated for research, development, test, and evaluation for each of fiscal years 2011 through 2015 may be used for any such fiscal year for the program established under subsection (a).

(e) Transfer Authority- The Secretary may transfer funds available for the program to the research, development, test, and evaluation accounts of a military department, defense agency, or the unified combatant command for special operations forces pursuant to a proposal, or any part of a proposal, that the Secretary determines would directly support the purposes of the program. The transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.

(f) Report- Not later than 60 days after the last day of a fiscal year during which the Secretary carries out a program under this section, the Secretary shall submit to the congressional defense committees a report that includes a list and description of each project funded under this section, including, for each such project, the amount of funding provided for the project, the defense acquisition program that the project supports, including the extent to which the project meets needs identified in its acquisition plan, the anticipated timeline for transition for the project, and the degree to which a competitive, merit-based process was used to evaluate and select the performers of the projects selected under this program.

(g) Termination- The authority to carry out a program under this section shall terminate on September 30, 2015. Any amounts made available for the program that remain available for obligation on the date the program terminates may be transferred under subsection (e) during the 180-day period beginning on the date of the termination of the program.

(a) Domestic Authority- Section 2557 of title 10, United States Code, is amended--

‘(2) Excess supplies made available under this section to support domestic emergency assistance activities shall be transferred to the Secretary of Homeland Security. The Secretary of Defense may provide assistance in the distribution of such supplies at the request of the Secretary of Homeland Security.’.

(b) Clerical Amendments-

(a) Title 5, United States Code- Title 5, United States Code, is amended as follows:

(b) Title 10, United States Code- Title 10, United States Code, is amended as follows:

(c) Title 37- Title 37, United States Code, is amended as follows:

(d) National Defense Authorization Act for Fiscal Year 2010- Effective as of October 28, 2009, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) is amended as follows:

‘(b) Appellate Review Under Detainee Treatment Act of 2005-

‘(1) DEPARTMENT OF DEFENSE, EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF OF MEXICO, AND PANDEMIC INFLUENZA ACT, 2006- Section 1005(e) of the Detainee Treatment Act of 2005 (title X of Public Law 109-148; 10 U.S.C. 801 note) is amended by striking paragraph (3).

‘(2) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006- Section 1405(e) of the Detainee Treatment Act of 2005 (Public Law 109-163; 10 U.S.C. 801 note) is amended by striking paragraph (3).’.

(22) Section 1916(b)(1)(B) (123 Stat. 2624) is amended by striking the comma after ‘5941’.

(23) Section 2804(d)(2) (123 Stat. 2662) is amended by inserting ‘subchapter III of’ before ‘chapter 169’.

(24) Section 2835(f)(1) (123 Stat. 2677) is amended by striking ‘publically-available’ and inserting ‘publicly available’.

(25) Section 3503(b)(1) (123 Stat. 2719) is amended by striking the extra quotation marks.

(26) Section 3508(1) (123 Stat. 2721) is amended by striking ‘headline’ and inserting ‘heading’.

(e) Duncan Hunter National Defense Authorization Act for Fiscal Year 2009- The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417) is amended as follows:

(f) National Defense Authorization Act for Fiscal Year 2008- The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended as follows:

(g) John Warner National Defense Authorization Act for Fiscal Year 2007- Effective as of October 17, 2006, and as if included therein as enacted, the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended as follows:

(h) National Defense Authorization Act for Fiscal Year 2006- Effective as of January 6, 2006, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) is amended as follows:

(i) Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005- The Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) is amended as follows:

(j) Bob Stump National Defense Authorization Act for Fiscal Year 2003- Section 1032(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 note) is amended by striking ‘thereafter,,’ and inserting ‘thereafter,’.

(k) Weapon Systems Acquisition Reform Act of 2009- Effective as of May 22, 2009, and as if included therein as enacted, section 205 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat. 1724) is amended--

(l) Technical Correction Regarding SBIR Extension- Section 9(m)(2) of the Small Business Act (15 U.S.C. 638(m)(2)), as added by section 847(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2420), is amended by striking ‘is authorized’ and inserting ‘are authorized’.

(m) Technical Correction Regarding Small Shipyards and Maritime Communities Assistance Program- Section 3506 of the National Defense Authorization Act for Fiscal Year 2006, as reinstated by the amendment made by section 1073(c)(14) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2475), is repealed.

(n) Technical Correction Regarding DOT Maritime Heritage Property- Section 6(a)(1)(C) of the National Maritime Heritage Act of 1994 (16 U.S.C. 5405(a)(1)(C)), as amended by section 3509 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2721), is amended by striking ‘the date of enactment of the Maritime Administration Authorization Act of 2010’ and inserting ‘October 28, 2009’.

(o) Technical Correction of Citation- Section 42 of the Office of Federal Procurement Policy Act (41 U.S.C. 438) is amended--

(a) Study-

(b) Matters Included- The study under subsection (a) shall include the following:

(c) Report- Not later than December 1, 2011, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the study under subsection (a).

(d) Form-

(e) Remotely Piloted Aircraft Defined- In this section, the term ‘remotely piloted aircraft’ means any unmanned aircraft operated remotely, whether within or beyond line-of-sight, including unmanned aerial systems, unmanned aerial vehicles, remotely piloted vehicles, and remotely piloted aircraft.

Any law applicable to Operation Iraqi Freedom shall apply in the same manner and to the same extent to the successor contingency operation known as Operation New Dawn, except as specifically provided in this Act, any amendment made by this Act, or any other law enacted after the date of the enactment of this Act.

(a) Sense of Congress- It is the sense of Congress that the Secretary of Defense should support the research, development, test, and evaluation, procurement, and fielding of effective non-lethal weapons and technologies explicitly designed to, with respect to counterinsurgency operations, reduce military casualties and fatalities, improve military mission accomplishment and operational effectiveness, reduce civilian casualties and fatalities, and minimize undesired damage to property and the environment.

(b) Program Required-

(c) Report-

It is the sense of Congress that no action should be taken to implement the reduction of the strategic nuclear forces of the United States below the levels described in the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms signed on April 8, 2010 (commonly known as the ‘New START Treaty’), unless the President submits to the congressional defense committees a report on such reduction, including--

(a) Clarification of Applicability of Direct Hire Authority- Section 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4618; 10 U.S.C. 1580 note) is amended--

(b) Clarification of Applicability of Full Implementation Requirement- Section 1107 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat 357; 10 U.S.C. 2358 note) is amended--

(c) Correction to Section Reference- Section 1121 of the National Defense Authorization Act for Fiscal Year 2010 (123 Stat. 2505) is amended--

(d) Effective Date- (1) Except as provided in paragraph (2), the amendments made by this section shall take effect as of October 28, 2009.

(2) The amendment made by subsection (a)(2) shall take effect as of the date of enactment of this Act.

(a) In General- The Secretary of Defense shall issue appropriate policies and procedures to ensure that all senior mentors employed by the Department of Defense are--

(b) Senior Mentor Defined- In this section, the term ‘senior mentor’ means a retired flag, general, or other military officer or retired senior civilian official who provides expert experience-based mentoring, teaching, training, advice, and recommendations to senior military officers, staffs, and students as they participate in war games, warfighting courses, operational planning, operational exercises, and decision-making exercises.

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 further amended by striking ‘calendar years 2009 and 2010’ and inserting ‘calendar years 2009 through 2011’.

(a) Designation of Occupations Covered by Recruitment and Appointment Authority- Subsection (a)(2) of section 1599c of title 10, United States Code, is amended--

‘(C) Any designation by the Secretary for purposes of subparagraph (A)(i) shall be based on an analysis of current and future Department of Defense workforce requirements.’.

(b) Extension- Subsection (c) of such section is amended--

(A) describes the use of the authority under paragraph (6) of section 5542(a) of title 5, United States Code, as added by subsection (a), including associated costs, and including an evaluation of the extent to which exercise of the authority helped the Navy in meeting its mission; and

(B) provides a recommendation on whether an extension of the provisions of that paragraph is needed.

(A) addresses the use of paragraph (6) of section 5542(a) of title 5, United States Code, as so added, including associated costs, and including an evaluation of the extent to which exercise of the authority helped the Navy in meeting its mission;

(B) describes the extent to which other employees experience the same circumstances as were experienced by those described in that paragraph before its enactment;

(C) provides an analysis of the advantages and disadvantages that would be anticipated from extending the expiration date of the authority under that paragraph, and from expanding the authority under that paragraph to include other employees; and

(D) conveys the report of the Secretary of the Navy referred to in paragraph (1).

Section 1208(a) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086), as most recently amended by section 1202(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2511), is further amended by striking ‘$40,000,000’ and inserting ‘$45,000,000’.

(a) Enhanced Interoperability Authority- Subsection (a) of section 127d of title 10, United States Code, is amended--

‘(2) In addition to any logistic support, supplies, and services provided under paragraph (1), the Secretary may provide logistic support, supplies, and services to allied forces solely for the purpose of enhancing the interoperability of the logistical support systems of military forces participating in combined operations with the United States in order to facilitate such operations. Such logistic support, supplies, and services may also be provided under this paragraph to a nonmilitary logistics, security, or similar agency of an allied government if such provision would directly benefit the armed forces of the United States.

‘(3) Provision of support, supplies, and services pursuant to paragraph (1) or (2) may be made only with the concurrence of the Secretary of State.’.

(b) Conforming Amendments- Such section is further amended--

(a) Expansion for Training for Deployment- Paragraph (3) of section 1202(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412), as most recently amended by section 1252(a) of the National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-181; 122 Stat. 402), is further amended--

(b) Notice and Wait on Exercise of Additional Authority- Such section is further amended by adding at the end the following new paragraph:

‘(5) NOTICE AND WAIT ON PROVISION OF EQUIPMENT FOR CERTAIN PURPOSES- Equipment may not be provided under paragraph (1) in connection with training as specified in paragraph (3)(C) until 15 days after the date on which the Secretary of Defense submits to the specified congressional committees written notice on the provision of such equipment for such purpose.’.

(a) In General- Chapter 53 of title 10, United States Code, is amended by inserting after section 1050 the following new section:

(a) Authority- The Secretary of Defense may, with the concurrence of the Secretary of State, provide assistance during fiscal year 2011 to enhance the ability of the Yemen Ministry of Interior Counter Terrorism Forces to conduct counterterrorism operations against al Qaeda in the Arabian Peninsula and its affiliates.

(b) Types of Assistance-

(c) Funding- Of the amount authorized to be appropriated by section 301 for operation and maintenance for fiscal year 2011, $75,000,000 may be utilized to provide assistance under subsection (a).

(d) Notice to Congress-

(a) Establishment of Scholarship Program- The Secretary of the Air Force may establish and maintain a demonstration scholarship program to allow personnel of the air forces of countries that are signatories of the Partnership for Peace Framework Document to receive undergraduate pilot training and necessary related training through the Euro-NATO Joint Jet Pilot Training (ENJJPT) program. The Secretary of the Air Force shall establish the program pursuant to regulations prescribed by the Secretary of Defense in consultation with the Secretary of State.

(b) Transportation, Supplies, and Allowance- Under such conditions as the Secretary of the Air Force may prescribe, the Secretary may provide to a person receiving a scholarship under the scholarship program--

(c) Relation to Euro-NATO Joint Jet Pilot Training Program-

(d) Limitation on Eligible Countries- The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision of law.

(e) Cost-sharing- For purposes of ENJJPT cost-sharing, personnel of an air force of a foreign country who receive a scholarship under the scholarship program may be counted as United States pilots.

(f) Progress Report- Not later than February 1, 2012, the Secretary of the Air Force shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on the status of the demonstration program, including the opinion of the Secretary and NATO allies on the benefits of the program and whether or not to permanently authorize the program or extend the program beyond fiscal year 2012. The report shall specify the following:

(g) Duration- No scholarship may be awarded under the scholarship program after September 30, 2012.

(h) Funding Source- Amounts to award scholarships under the scholarship program shall be derived from amounts authorized to be appropriated for operation and maintenance for the Air Force.

(a) Temporary Limitation on Amount for Building Capacity to Participate in or Support Military and Stability Operations-

(b) One-year Extension of Authority- Subsection (g) of such section, as most recently amended by section 1206(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4625), is further amended by--

No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose as follows:

(a) One-year Extension of CERP Authority- Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as most recently amended by section 1222 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123. Stat. 2518), is further amended--

(b) Quarterly Reports- Subsection (a) of such section, as so amended, is further amended--

(c) Restriction on Amount of Payments; Notification- Such section, as so amended, is further amended--

‘(g) Restriction on Amount of Payments- Funds made available under this section for the Commanders’ Emergency Response Program may not be obligated or expended to carry out any project if the total amount of funds made available for the purpose of carrying out the project, including any ancillary or related elements of the project, exceeds $20,000,000.

‘(h) Notification- Not less than 15 days before obligating or expending funds made available under this section for the Commanders’ Emergency Response Program for a project in Afghanistan with a total anticipated cost of $5,000,000 or more, the Secretary of Defense shall submit to the congressional defense committees a written notice containing the following information:

‘(1) The location, nature, and purpose of the proposed project, including how the project is intended to advance the military campaign plan for Afghanistan.

‘(2) The budget and implementation timeline for the proposed project, including any other funding under the Commanders’ Emergency Response Program that has been or is anticipated to be contributed to the completion of the project.

‘(3) A plan for the sustainment of the proposed project, including any agreement with either the Government of Afghanistan, a department or agency of the United States Government other than the Department of Defense, or a third party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be provided through the proposed project’.

(d) Definition- Subsection (i) of such section, as redesignated by subsection (c)(1) of this section, is amended by striking ‘means the program’ and all that follows and inserting ‘means the program that--

‘(1) authorizes United States military commanders to carry out small-scale projects designed to meet urgent humanitarian relief requirements or urgent reconstruction requirements within their areas of responsibility; and

‘(2) provides an immediate and direct benefit to the people of Iraq or Afghanistan.’.

(a) Extension of Authority- Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393), as amended by section 1223 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2519), is further amended by striking ‘section 1509(5) of the National Defense Authorization Act for Fiscal Year 2010’ and inserting ‘section 1510 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011’.

(b) Limitation on Amount- Subsection (d)(1) of such section, as so amended, is further amended in the second sentence by inserting ‘or 2011’ after ‘fiscal year 2010’.

(c) Exception From Notice to Congress Requirements- Subsection (e) of such section, as so amended, is further amended--

‘(e) Notice to Congress-

‘(1) IN GENERAL- Except as provided in paragraph (2), the Secretary of Defense’; and

(2) by adding at the end the following new paragraph:

‘(2) EXCEPTION- The requirement to provide notice under paragraph (1) shall not apply with respect to a reimbursement for access based on an international agreement.’.

(d) Extension of Notice Requirement Relating to Reimbursement of Pakistan for Support Provided by Pakistan- Section 1232(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended by section 1223 of the National Defense Authorization Act for Fiscal Year 2010, is further amended by striking ‘September 30, 2011’ and inserting ‘September 30, 2012’.

(a) Extension of Authority- Subsection (h) of section 1234 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2532) is amended by striking ‘September 30, 2010’ and inserting ‘December 31, 2011’.

(b) Quarterly Reports- Subsection (f)(1) of such section is amended by striking ‘during fiscal year 2010’ and inserting ‘through March 31, 2012’.

None of the funds authorized to be appropriated by this Act may be obligated or expended by the United States Government to establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan.