111th Congress > House > Vote 1633
Clerk session vote number: 650
Description: Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Bill summary: (This measure has not been amended since it was passed by the Senate on December 22, 2010. The summary of that version is repeated here.)
Ike Skelton National Defense Authorization Act for Fiscal Year 2011 -
Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations
- (Sec. 101) Authorizes appropriations for FY2011 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition,
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shipbuilding and conversion, and other procurement.
(Sec. 104) Authorizes appropriations for FY2011 for defense-wide procurement.
Subtitle B: Navy Programs
- (Sec. 111) Authorizes the Secretary of the Navy to enter into a contract for detail design and construction of the LHA replacement ship designated LHA-7.
(Sec. 112) Prohibits the Secretary of the Navy from retiring the EP-3E Airborne Reconnaissance Integrated Electronic System II or the Special Projects Aircraft platform. Requires such Secretary to continue to maintain and upgrade such System and platform to meet operational requirements. Requires an annual certification to Congress by the Under Secretary of Defense for Intelligence and the Vice Chairman of the Joint Chiefs of Staff (JCS) concerning the continued maintenance of such System and platform and any plan for their retirement or replacement. Terminates such requirements upon Navy fielding of platforms and sensors that are equivalent or superior to such System and platform. Provides a similar prohibition against retirement, continued maintenance, and certification requirements with respect to the Saber Focus unmanned aerial system.
(Sec. 113) Requires a report on the missile defense requirements of the major combatant surface vessels.
(Sec. 114) Requires the Secretary of the Navy to take specified measures before entering into a program to extend the service life of F/A-18 aircraft beyond 8,600 hours, including a business case analysis with respect to such extended life. Requires a report: (1) on such analysis; (2) on the operational risks and impacts of reducing the squadron size; and (3) before reducing the size of an F/A-18 aircraft training squadron.
Subtitle C: Joint and Multiservice Matters
- (Sec. 121) Prohibits the obligation or expenditure of more than 85% of the FY2011 funding for biometrics programs and operations until the Secretary of Defense (Secretary) reports on actions taken with respect to such programs and operations.
(Sec. 122) Directs the Secretary to: (1) establish a management plan for the F-35 joint strike fighter aircraft program; (2) submit an initial plan report; (3) provide annual plan updates; and (4) submit a one-time report on the expected capabilities of such aircraft program and related matters.
(Sec. 123) Requires quarterly reports from the commander of the U.S. Special Operations Command on the use of combat mission requirements funds.
(Sec. 124) Requires the Secretary to develop and maintain a comprehensive database of information for coordinating, tracking, and archiving each counter-improvised explosive device initiative within DOD.
(Sec. 125) Requires the Secretary to: (1) contract with a federally funded research and development center (FFRDC) to conduct a study on lightweight body armor solutions for members of the Armed Forces (members); and (2) report on study results.
(Sec. 126) Directs the Secretary to conduct an analysis of the feasibility of integrating solid state laser systems into the aircraft platforms for the C-130, B-1, and F-35 aircraft.
(Sec. 127) Requires any DOD contract for additional commercial imaging satellite capability or capacity entered into after 2010 to require that the imaging telescope providing such capability or capacity has an aperture of not less than 1.5 meters. Allows the Secretary to waive such requirement for national security purposes.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations
- (Sec. 201) Authorizes appropriations for FY2011 for DOD for research, development, test, and evaluation (RDT&E).
Subtitle B: Program Requirements, Restrictions, and Limitations
- (Sec. 211) Authorizes the Secretary to: (1) carry out through the military departments a program of enhanced DOD support of science, mathematics, and engineering education necessary to meet long-term national defense needs; and (2) allow defense laboratory directors to enter into agreements for the improvement of mathematics and scientific knowledge and skills of elementary and secondary school students and faculty.
(Sec. 212) Prohibits the obligation or expenditure of Defense Advanced Research Projects Agency funds for the National Cyber Range established in support of the Comprehensive National Cybersecurity Initiative until 90 days after the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) submits a plan for the transition of such Range to operation and sustainment.
(Sec. 213) Directs the Secretary, in the budget materials submitted for FY2012 and thereafter, to ensure that within each RDT&E account of the Army and Navy a separate, dedicated program element is assigned to the Joint Light Tactical Vehicle.
(Sec. 214) Authorizes the Secretary to carry out a program of research and development (R&D) on, and deployment of, advanced technology ground vehicles and related systems and components within DOD.
(Sec. 215) Authorizes the Secretary to carry out demonstration projects to assess the feasibility and advisability of utilizing various business models and processes to identify innovative commercial technologies and apply them to DOD and other national cybersecurity requirements. Requires: (1) five cybersecurity pilot programs under such projects; and (2) an initial and annual reports on the pilot programs.
Subtitle C: Missile Defense Programs
- (Sec. 221) Expresses the sense of Congress that, among other things: (1) the Phased Adaptive Approach to missile defense in Europe is an appropriate response to the existing ballistic missile threat from Iran to the European territory of NATO countries; (2) such Approach is not intended to and will not provide a missile defense against the Russian Federation; (3) the United States and NATO countries should continue to pursue cooperation with the Russian Federation on ballistic missile defense relative to Iranian missile threats; (4) the Ground-based Midcourse Defense (GMD) system deployed in Alaska and California provides adequate defensive capability for the United States against potential and foreseeable future long-range ballistic missiles from Iran; (5) the United States should continue improving and deploying its missile defense systems, and there are no constraints in the New START Treaty on the U.S. development and deployment of effective missile defenses; and (6) DOD should continue the development, testing, and assessment of the two-stage Ground-based Interceptor to provide a hedge against challenges with the SM-3 Block interceptor as a means of augmenting the defense of Europe and of the homeland against a limited ballistic missile attack from nations such as North Korea or Iran.
(Sec. 222) Amends the NDAA for Fiscal Years 1988 and 1989 to repeal the prohibition on DOD contracts with foreign entities on RDT&E related to missile defense.
(Sec. 223) Prohibits the use of DOD funds for FY2011 or thereafter for construction or deployment of a medium- or long-range missile defense interceptors in Europe until: (1) the nation agreeing to host such system has signed and ratified a missile defense basing agreement and a status of forces agreement; and (2) 45 days have elapsed since the Secretary submits the report on an independent assessment of missile defense systems in Europe required under the NDAA for Fiscal Year 2010. Prohibits the use of DOD funds for FY2011 or thereafter for the procurement or deployment of operational missiles of a missile defense system in Europe until the Secretary submits a report certifying that the proposed interceptor deployed as part of such system has demonstrated a high probability of working effectively and that the system has the ability to accomplish its mission. Allows the Secretary to waive such requirements due to urgent national security interests.
(Sec. 224) Limits the availability of FY2011 funds for the Medium Extended Air Defense System until certain conditions are met, including a System report by the Secretary.
(Sec. 225) Directs the Secretary to ensure that the Missile Defense Agency (MDA) establishes and maintains an acquisition baseline for each currently-defined program element of the Ballistic Missile Defense system. Requires the MDA Director to report annually on such acquisition baselines and any significant changes or variances thereto.
(Sec. 226) Authorizes the Secretary, during FY2011-FY2012, to carry out a ballistic missile shared early warning capability for the United States and the Czech Republic. Provides FY2011 funding.
(Sec. 227) Directs the Secretary to report on the phased, adaptive approach to missile defense in Europe.
(Sec. 228) Requires: (1) the Secretary to select an appropriate entity outside DOD to conduct an independent review and assessment of the ground-based midcourse defense system; and (2) the selected entity to report review and assessment results.
(Sec. 229) Authorizes the Secretary to provide specified RDT&E funds to Israel for the Iron Dome short-range rocket defense system.
Subtitle D: Reports
- (Sec. 231) Directs the Secretary of the Army to report on the Army's Ground Combat Vehicle program. Prohibits more than 50% of Ground Combat Vehicle RDT&E funding from being obligated or expended until 30 days after such report is submitted.
(Sec. 232) Requires the Secretary of the Army to: (1) conduct a cost-benefit analysis of future munitions to be fired from the M1 Abrams main battle tank to determine appropriate munitions investment; and (2) report analysis results.
(Sec. 233) Directs the CG: (1) from the enactment of this Act through March 1, 2013, to conduct an annual review of the VH-(XX) aircraft acquisition program; and (2) during such period, to report review results.
Subtitle E: Other Matters
- (Sec. 241) Expresses the sense of Congress affirming the importance of DOD participation in the development of next-generation integrated circuits.
(Sec. 242) Directs the Secretary to carry out an energy security pilot program for evaluating and validating secure, salable microgrid components and systems for deployment. Requires: (1) the pilot program to be at least three years in duration; and (2) the Secretary to submit an initial and final pilot program report. Provides pilot program funding.
(Sec. 243) Requires the Secretary to: (1) carry out a pilot program to develop and incorporate technology protection features in a designated defense system during its R&D phase; and (2) report annually during the pilot program. Provides pilot program funding. Terminates the pilot program on October 1, 2015.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations
- (Sec. 301) Authorizes appropriations for FY2011 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
Subtitle B: Energy and Environmental Provisions
- (Sec. 311) Authorizes the Secretary to transfer a specified amount to the Hazardous Substance Superfund as reimbursement to the Environmental Protection Agency (EPA) for environmental response actions performed at the Twin Cities Army Ammunition Plant, Minnesota.
(Sec. 312) Authorizes the Secretary to transfer a specified amount to the Hazardous Substance Superfund to satisfy a stipulated penalty assessed by the EPA against Naval Air Station, Brunswick, Maine.
(Sec. 313) Directs the Secretary of the Navy to take certain steps to ensure that the Agency for Toxic Substances and Disease Registry is provided all necessary data and documentation with respect to an investigation of possible exposure to contaminated drinking water at Camp Lejeune, North Carolina.
(Sec. 314) Directs the CG to assess and report on possible exposures to environmental hazards on military installations.
Subtitle C: Workplace and Depot Issues
- (Sec. 321) Makes technical corrections relating to a required annual DOD inventory of services performed by contractors.
(Sec. 322) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Thurmond Act) to repeal certain conditions on the expansion of functions performed under prime vendor contracts for depot-level maintenance and repair.
(Sec. 323) Prohibits the Secretary from establishing, applying, or enforcing any goals, targets, or quotas for the conversion of DOD contractor functions to performance by DOD civilian personnel, unless such goal, target, or quota is based on considered research and analysis required under federal law. Directs: (1) the Secretary to report on any such conversions made during FY2010; and (2) the CG to submit a follow-up assessment.
Subtitle D: Reports
- (Sec. 331) Requires inclusion of annual corrosion reports submitted to the Secretary by the military departments in a currently-required annual report from the Secretary on funding provided for corrosion mitigation and control.
(Sec. 332) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to repeal or modify certain report requirements.
(Sec. 333) Directs the Commander of the United States Northern Command and the North American Aerospace Defense Command to report on the Air Sovereignty Alert Mission and Operation Noble Eagle.
(Sec. 334) Requires the Secretary of the Air Force to report on the feasibility and desirability of designating the Suppression of Enemy Air Defenses/Destruction of Enemy Air Defenses mission (SEAD/DEAD mission) as a responsibility of the Air National Guard.
(Sec. 335) Directs the Commander of the United States Transportation Command to update the study entitled "PORT LOOK 2008 Strategic Seaports Study."
Subtitle E: Limitations and Extensions of Authority
- (Sec. 341) Authorizes the Secretary of a military department to impose landing fees for the use by civil aircraft of domestic military airfields and use such fees for airfield O&M.
(Sec. 342) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend through FY2012 the Army's arsenal support program initiative, as well as a related report requirement.
(Sec. 343) Prohibits the obligation or expenditure of more than 15% of funds authorized for FY2011 for the Human Terrain System until the Secretary of the Army submits a certain System validation and certification.
(Sec. 344) Limits Office of the Secretary of Defense budget activity four spending pending submission of classified justification materials.
(Sec. 345) Requires a written agreement, with specified requirements, prior to the transfer of ownership of aircraft from an Air Force reserve component to a regular Air Force component.
(Sec. 346) Prohibits small arms ammunition and components thereof in excess of military requirements which are not otherwise prohibited from commercial sale or certified as unserviceable or unsafe from being demilitarized or destroyed, and requires making them available for commercial sale. Requires, before such sale, that such ammunition and components are offered for transfer or purchase to or by another federal department or agency or to state and local law enforcement, firefighting, homeland security, and emergency management agencies.
Subtitle F: Other Matters
- (Sec. 351) Authorizes the Secretary to prescribe an expedited process for completing background investigations for: (1) DOD personnel and DOD contractor personnel who are engaged in sensitive duties critical to national security; (2) an individual submitting an application for DOD employment for which a security clearance is required who is a member of the Armed Forces who was retired or separated for physical disability; and (3) certain spouses of retired or deceased former members.
(Sec. 352) Revises provisions authorizing DOD to transport civilian passengers and commercial cargoes on DOD naval vessels when such transportation is not commercially available to: (1) include vehicles and aircraft operated by DOD within such authority; and (2) provide for the crediting of reimbursement received for transportation provided in response to an emergency, disaster response, or humanitarian request. Provides that, during the five-year period beginning on the date of enactment of this Act, and when space is available, the Secretary may provide such transportation, without charge, for allied forces or civilians as part of a contingency operation or disaster response. Requires an annual report from the Secretary for any year in which the Secretary provides such latter transportation.
(Sec. 354) Authorizes the Secretary and the military department secretaries, in paying a claim for loss or damage occurring during the transportation of household goods of military personnel, to pay the claim on the basis of full replacement value in certain circumstances in which contractor reimbursement is not available or the contractor is excluded from liability.
(Sec. 355) Prohibits any member of the Armed Forces, federal civilian employee, contractor personnel, or other person from selling, lending, or giving any clothing, arms, articles, equipment, or other military or DOD property except in accordance with the statutes and regulations governing government property. Authorizes the seizure of improperly-disposed property. Allows an exception in the case of property on public display in secured exhibits. Provides for the determination and enforcement of violations of such prohibition.
(Sec. 356) Requires the Director of the Congressional Budget Office (CBO) to: (1) study budget preparation tools and models used by the military departments to determine funding levels for operational readiness requirements; and (2) the military department Secretaries to brief Congress on their respective responses to the CBO study.
(Sec. 357) Expresses the sense of Congress that: (1) the High-Altitude Army Aviation Training Site continues to be critically important to ensuring the readiness and capabilities of rotor-wing military pilots; and (2) DOD should take all appropriate actions to prevent encroachment on such Site.
(Sec. 358) Directs the Secretary to: (1) review applications for projects that may have an adverse impact on military operations and readiness; (2) designate a senior official and lead organization within DOD to act as the executive agent for carrying out such review and coordinate response actions; and (3) conduct, and report on, a comprehensive strategy for addressing the military impacts of such projects.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces
- (Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2011.
(Sec. 402) Revises permanent active-duty end strength minimum levels.
Subtitle B: Reserve Forces
- (Sec. 411) Sets forth authorized end strengths as of the end of FY2011 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2011 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2011 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets forth the maximum number of reserve personnel authorized to be on active duty for operational support during FY2011.
Subtitle C: Authorization of Appropriations
- (Sec. 421) Authorizes appropriations for FY2011 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy Generally
- (Sec. 501) Exempts DOD health care professionals being considered for regular (under current law, only reserve) officer appointments from the requirement that they be commissioned prior to age 42. Exempts from the requirement to retire upon attaining age 62 not only DOD physicians, dentists, and nurses (current law), but other health care personnel providing health care, clinical duties, or health care-related administrative duties.
(Sec. 502) Provides that, with respect to appointments in the regular grade W-1, the Secretary of the military department concerned (Secretary concerned) may provide by regulation that such appointments be made by commission by the President within that department. Requires appointments in permanent reserve warrant officer grades to be made in the same manner as appointments for regular warrant officer grades.
(Sec. 503) Prohibits the disclosure of proceedings of special selection boards convened to consider the promotion of officers on the active-duty list or reserve active-status list to any person not a member of such board, except as authorized or required to process the report of that board.
(Sec. 504) Requires administrative removal from the promotion list by the Secretary concerned of an officer on the active-duty list who is discharged or dropped from the rolls or transferred to a retired status before being promoted to a higher grade. Applies identical removal standards to similarly-situated reserve officers serving on the active-status list.
(Sec. 505) Allows officers serving below the grade of lieutenant general or vice admiral who have been selected for promotion to such grade, as well as officers serving below the grade of general or admiral who have been selected for promotion to such grade, to wear the higher-grade insignia for up to 14 days before assuming the duties of the higher-grade position (a practice known as frocking). Removes the required 30-day waiting period following congressional notification before officers below the grades of major general or rear admiral may wear the insignia of the next higher grade.
(Sec. 506) Provides temporary authority, from the date of enactment of this Act through FY2013, for the Secretary concerned to reduce from ten to eight years the minimum length of active-duty service as a commissioned officer prior to eligibility for voluntary retirement.
Subtitle B: Reserve Component Management
- (Sec. 511) Removes statutory distribution limits on the allocation of Navy Reserve flag officers.
(Sec. 512) Makes the military technician (dual status) unit membership requirement inapplicable to an individual employed by the Air Force Reserve in an area other than the Air Force Reserve unit program, except that no more than 50 of such technicians may be assigned outside of the unit program at any one time.
(Sec. 513) Authorizes the Secretary of the Army or Air Force to designate a non-dual status military technician to fill a vacancy created by the mobilization of a dual-status military technician within the Selected Reserve. Makes such period of employment the shorter of two years or the period of the mobilization. Terminates such authority two years after the enactment of this Act. Exempts individuals so employed from the annual limit on the number of non-dual status military technicians.
(Sec. 514) Revises membership and operational aspects of the Reserve Forces Policy Board, including reducing the number of members from 24 to 20, and providing both voting and nonvoting members.
(Sec. 515) Repeals the requirement for a new oath of office when an officer transfers from the reserve active-duty list to the reserve active-status list.
(Sec. 516) Allows a member of the reserves who accumulates leave during a period of active service to carry over such leave to the member's next period of active service, without regard to separation or release from active service, if the separation or release is under honorable conditions. Authorizes such members to be reimbursed for such leave if they retire or separate from reserve service, with the honorable condition requirement.
(Sec. 517) Authorizes the direct appointment of U.S. Merchant Marine Academy graduates as commissioned officers of the National Guard.
Subtitle C: Joint Qualified Officers and Requirements
- (Sec. 521) Revises the definition of "joint matters" for purposes of DOD joint officer management.
(Sec. 522) Allows selection boards convened to consider the promotion of officers on the active-duty list to also consider officers who: (1) are serving or have served on the Joint Staff; or (2) are joint qualified officers. Updates promotion board joint information report requirements to match the consideration of the additional officers.
Subtitle D: General Service Authorities
- (Sec. 531) Extends through 2011 the temporary authority of the Secretary concerned to order retired members to active duty in high-demand, low-density assignments or in other specialties designated as critical to meet wartime or peacetime requirements. Requires a report from the Secretary assessing the need to extend such authority beyond such date.
(Sec. 532) Authorizes the Secretary concerned to allow a rest and recuperation absence of up to 15 days for a member who is assigned or deployed for at least 270 days in an area designated as a combat zone and in which hardship duty pay is authorized.
(Sec. 533) Requires disability retirement and separation review boards to be made available to enlisted members (under current law, only to officers). Extends through 2013 current minimum personnel level requirements within the service review agencies of the military departments.
(Sec. 534) Prohibits the Secretary concerned from authorizing the involuntary separation of a member who has been determined by a physical evaluation board as fit for duty based on a determination that such member is unsuitable for deployment or worldwide assignment based on the same medical condition considered by the board during the member's evaluation. Authorizes such Secretary to direct the board to reevaluate the member if such Secretary believes that the condition renders the member unsuitable for continued military service based on such condition. Makes the Secretary of Defense the final approval authority in such cases.
(Sec. 535) Requires the Secretary to: (1) conduct a review of laws, policies, and regulations that may restrict the service of female members of the Armed Forces; and (2) report review results.
Subtitle E: Military Justice and Legal Matters
- (Sec. 541) Authorizes the Secretary concerned to continue a warrant officer on active duty and to delay a pending separation or retirement (without prejudice) until any action to consider trying such officer by court-martial has been completed.
(Sec. 542) Amends the Uniform Code of Military Justice (UCMJ) to include under contempt of court authority one who willfully disobeys the court's lawful writ, process, order, rule, decree, or command. Increases from $100 to $1,000 the authorized contempt fine.
(Sec. 543) Directs the Secretary to: (1) complete, within one year after the enactment of this Act, the implementation of specified recommendations of the CG relating to military-related domestic violence prevention and reporting; and (2) submit an implementation report.
Subtitle F: Member Education and Training Opportunities and Administration
- (Sec. 551) Makes technical and clarifying revisions to the DOD undergraduate nurse training program. Extends the due date for initiation of a pilot program to increase the number of nurses serving in the Armed Forces.
(Sec. 552) Revises the education loan repayment program for enlisted members on active duty in specified military specialties, as well as members of the Selected Reserve, to: (1) require repayment by a person who fails to complete the period of required service; and (2) authorize the Secretary to allow for the lump-sum payment of any loan repayment due to a member's death or disability occurring or incurred in the line of duty.
(Sec. 553) Authorizes loan repayment for students who incurred student loans while pursuing an appropriate degree prior to enrolling in the Armed Forces Health Professions Scholarship Program.
(Sec. 554) Requires military academy graduates who participate in the above Program to serve the full period of active duty service obligation associated with academy attendance, in addition to any service obligation incurred under the Program.
Subtitle G: Defense Dependents' Education
- (Sec. 561) Authorizes the Secretary to permit the enrollment in DOD domestic dependent elementary and secondary schools of dependents of members who reside in temporary housing due to the unavailability of adequate permanent living quarters on a military installation, or while the member is wounded, ill, or injured.
(Sec. 562) Earmarks specified DOD O&M funds for providing assistance to local educational agencies (LEAs) with significant numbers of military dependent students and dependent students of civilian DOD employees, as well as to LEAs with significant enrollment changes due to base closures, force structure changes, or force relocations.
(Sec. 563) Earmarks specified O&M funds for the DOD payment of impact aid for children with severe disabilities, as provided under the Spence Act.
Subtitle H: Decorations and Awards
- (Sec. 571) Restricts the award of the Bronze Star to individuals who were: (1) serving in a geographic area in which hostile fire/imminent danger or hazardous duty pay was authorized at the time the events occurred for which the medal would be awarded; and (2) in receipt of such pay as a result of such events.
(Sec. 572) Authorizes and requests the Secretary of the Army to award the Distinguished Service Cross to: (1) Shinyei Matayoshi for acts of valor during World War II; and (2) former Captain Jay C. Copley for acts of valor during the Vietnam War.
(Sec. 574) Authorizes the Secretary to establish and conduct a program to commemorate the 60th anniversary of the Korean War, and to coordinate and support other programs of the federal government, state and local governments, and other persons and organizations in commemoration of such War. Establishes the Department of Defense Korean War Commemoration Fund for such purposes. Provides that if the Secretary conducts such program, the DOD Inspector General shall report on program funds deposited and expended. Prohibits the Secretary from expending more than $5 million to carry out the program.
Subtitle I: Military Family Readiness Matters
- (Sec. 581) Requires inclusion of a spouse of a general or flag officer, as well as the Director of the Office of Community Support for Military Families With Special Needs, on the Department of Defense Military Family Readiness Council. Revises appointment options for enlisted members of the Council.
(Sec. 582) Requires the above Director to be a member of the Senior Executive Service or a general or flag officer. Provides as an additional responsibility of the above Office the conduct of periodic reviews of best practices in the United States in the provision of medical and educational services for children with special needs. Authorizes each military department Secretary to establish a support center of medical and educational services for such children, and directs the Secretary of Defense to establish an advisory panel on community support for such children.
(Sec. 583) Amends the NDAA for Fiscal Year 2008 relating to the Yellow Ribbon Reintegration Program (providing National Guard members and their families with information and outreach throughout their deployment cycle) to: (1) authorize service and state-based programs to provide access to services for members and families from all components; (2) require a process for evaluating Program effectiveness; (3) require the Program to provide information on employment opportunities during the post-deployment reconstitution phase; and (4) add resiliency training programs to the services provided.
(Sec. 584) Amends the Warner Act to require the Secretary to continue to carry out the joint family support assistance program through 2012 at not less than six locations, at least three of which must be located away from a military installation.
(Sec. 585) Directs the Secretary to review all DOD education programs designed to support spouses of members, and report on review results.
(Sec. 586) Requires the Secretary to report on the needs of military families with children with special education needs and the options to enhance the benefits available to such families and children under the Individuals with Disabilities Education Act.
(Sec. 587) Directs the Secretary to report biennially on DOD child development centers and financial assistance for child care provided to members off-installation.
Subtitle J: Other Matters
- (Sec. 591) Directs the Secretary (and the Secretary of Homeland Security [DHS] with respect to the Coast Guard) to issue regulations authorizing the acceptance of gifts by certain military personnel and DOD and Coast Guard employees who incur or incurred a combat-related injury or illness on or after September 11, 2001. Authorizes family members of such personnel or employees to accept such gifts in case of an individual who is killed. Requires gift review and approval by a designated agency ethics official before acceptance. Prohibits the acceptance of gifts from a foreign government or international organization or their agents. Applies such authority retroactively from September 11, 2001.
(Sec. 592) Increases from 20 to 35 the number of private-sector civilians authorized for admission to the National Defense University.
(Sec. 593) Authorizes the Secretary of the Air Force to permit defense industry employees who are engaged in providing significant and substantial defense-related systems, products, or services to DOD to receive instruction at the United States Air Force Institute of Technology. Limits the enrollment of such employees to 125 at any one time. Requires a determination by such Secretary that each enrollment will: (1) further the military mission of the Institute; and (2) be done on a space-available basis without a required increase in faculty, course offerings, or facilities. Requires enrolled employees to: (1) pay tuition for such instruction; and (2) adhere to the same standards of conduct as federal civilian employees receiving instruction there.
(Sec. 594) Makes terminology changes to reflect the current structure and organization of the Army Medical Service Corps.
(Sec. 595) Revises the annual due date for the DOD STARBASE program report from the Secretary.
(Sec. 596) Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Hunter Act) to extend for an additional six months the deadline for submission of the final report of the Military Leadership Diversity Commission.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances
- (Sec. 601) Prohibits federal employees from receiving reserve duty income if such employees are already entitled to a federal differential payment or other comparable benefit for civilian employees absent from federal service in order to perform active duty.
Subtitle B: Bonuses and Special and Incentive Pays
- (Sec. 611) Extends through 2011 specified authorities currently scheduled to expire at the end of 2010 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
Subtitle C: Travel and Transportation Allowances
- (Sec. 621) Extends through 2011 DOD authority to provide travel and transportation allowances for inactive duty training outside of normal commuting distances.
(Sec. 622) Authorizes the payment of a travel and transportation allowance to a person designated to attend an event conducted under the Yellow Ribbon Reintegration Program, if the Secretary concerned determines that the presence of that person may contribute to the purposes of the event.
Subtitle D: Disability, Retired Pay and Survivor Benefits
- (Sec. 631) Allows members who serve on active duty for more than 30 years and are retired for a disability to retain their eligibility to receive a retired pay multiplier based on years of service resulting in a benefit greater than the 75% cap imposed on disability retirement.
(Sec. 632) Requires military retired and retainer pay to be paid on the first day of each month after the month on which the pay accrues.
(Sec. 633) Allows reserve members performing active duty and then continuing on active duty to receive medical care for wounds, injuries, or illnesses incurred while performing such active duty to include the period of such medical care for purposes of reducing the eligibility age for entitlement to non-regular retirement.
(Sec. 634) Makes the amount of the monthly stipend under the DOD family caregiver compensation program the same amount as that provided under the VA program of comprehensive assistance for family caregivers.
(Sec. 635) Expresses the sense of Congress that: (1) certain amendments made under the NDAA for Fiscal Year 2008 were intended to reduce the minimum age at which reserve members would begin receiving retired pay according to time spent deployed, by 3 months for every 90-day period spent on active duty over the course of a career, rather than limiting qualifying time to such periods wholly served within the same fiscal year, as interpreted by DOD; and (2) steps should be taken to implement such intent.
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits and Operations
- (Sec. 641) Amends the NDAA for Fiscal Year 2008 to define "morale, welfare, and recreation telephone services" for use in DOD contracts to provide calling center services for military personnel serving in combat zones.
(Sec. 642) Directs the Secretary to: (1) study the feasibility of replacing the "Shopette" of the Army and Air Force Exchange Service in the Northern Mariana Islands with a full-service exchange store; and (2) report study results.
(Sec. 643) Directs the Secretary to: (1) provide for the continued operation of each commissary or exchange store serving Brunswick Naval Air Station, Maine, through a conditional date; and (2) review such operations and determine whether they should be continued.
Subtitle F: Other Matters
- (Sec. 651) Requires a review and report from the Secretary on modifications to the basic allowance for housing for personnel assigned to sea duty.
(Sec. 652) Directs the Secretary to report on the use and management of the special pay programs authorized for aviation career officers extending a period of active duty.
Title VII: Health Care Provisions - Subtitle A: Improvements to Health Benefits
- (Sec. 701) Prohibits DOD, through FY2011, from increasing the premium and copayment for TRICARE Prime, the charge for inpatient care under TRICARE Standard, and the premium for TRICARE Standard for members of the Selected Reserve.
(Sec. 702) Allows TRICARE beneficiaries to extend their health care coverage to dependent children up to age 26 if such child is not eligible to enroll in an employer-sponsored plan. Prescribes a premium for such coverage. Makes such provision effective as of January 1, 2011.
(Sec. 703) Authorizes DOD dental benefits to the dependent of a member who dies: (1) while on active duty for more than 30 days; or (2) while a member of the Ready Reserve.
(Sec. 704) Directs the Secretary to: (1) conduct a study identifying the best tests available to screen members for tinnitus; (2) develop a plan to ensure that all members are so screened prior to and after deployment to a combat zone; (3) report study results; and (4) examine and report on methods to improve the aural protection of members in combat.
(Sec. 705) Prohibits, during FY2011, the cost-sharing requirements under the DOD retail pharmacy system from exceeding $3 for generic agents, $9 for formulary agents, and $22 for nonformulary agents.
Subtitle B: Health Care Administration
- (Sec. 711) Makes the Secretary solely responsible for administering and making any decision affecting TRICARE.
(Sec. 712) Requires the current DOD medical tracking system for members deployed overseas to include the use of pre- and post-deployment medical examinations and health reassessments to: (1) reflect the medical condition of members before their deployment; (2) record any changes to their condition during their deployment; and (3) identify health concerns, including mental health concerns, that may become manifest several months following their deployment. Requires the medical records tabulated with respect to such examinations and reassessments to include information on the prescription and administration of psychotropic medications.
(Sec. 713) Provides license requirements for health care professionals who are members of the National Guard performing training or duty in response to an actual or potential disaster while in a state status.
(Sec. 714) Requires the Secretary to: (1) review training programs for medical officers to ensure that their academic and military performance has been completely documented in military personnel records; and (2) report review results. Directs the Secretary to report during 2011 through 2015 on the status of the DOD graduate medical education programs.
(Sec. 715) Requires the Secretary to: (1) conduct an enterprise risk assessment methodology study of all DOD health information technology programs; and (2) report study results. Directs the Secretary to: (1) report on the organizational structure for health information technology within DOD; (2) conduct a survey of users of DOD health information technology systems to assess the systems' benefits and failings; and (3) assess a CG report concerning information technologies for improving the management of DOD's electronic health record initiative.
(Sec. 716) Directs the Secretary to develop and implement training on the use of pharmaceuticals in rehabilitation programs for seriously ill or injured members. Requires the Secretary to review and report on all DOD policies regarding the use of pharmaceuticals in rehabilitation programs for such members.
Subtitle C: Other Matters
- (Sec. 721) Repeals a report concerning military separations resulting from refusal to participate in the anthrax vaccine immunization program.
(Sec. 722) Requires the Secretary to: (1) develop and implement a comprehensive policy on consistent automated neurological cognitive assessments of members before and after deployment; and (2) revise the policy on a periodic basis in accordance with experience and evolving best practice guidelines.
(Sec. 723) Directs the military department Secretaries to assess and report on the incidence of post-traumatic stress disorder (PTSD) by military occupation. Requires the Secretary to ensure that all such assessments, findings, plans, and reports are transmitted to the centers of excellence for the treatment and prevention of PTSD and traumatic brain injury, as established under the NDAA for Fiscal Year 2008.
(Sec. 724) Requires the Secretary to prescribe regulations required under the above Act concerning requirements that mental health counselors must meet in order to practice independently under TRICARE.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Policy and Management
- (Sec. 801) Authorizes the Secretary to disclose technical data to a litigation support contractor for the purpose of assisting DOD in preparing for litigation. Requires such a contractor to use the data only for fulfilling its support contract, to take all reasonable steps to protect the data from further disclosure, and not use the data to compete with the data owner on any government or non-government contract.
(Sec. 802) Directs the Secretary to designate an engine development and procurement program as a major subprogram of the F-35 Lightning II aircraft major defense acquisition program (MDAP) (and therefore subject to certain acquisition reporting requirements).
(Sec. 803) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to extend DOD authority to use the rapid acquisition authority to respond to combat and safety emergencies through: (1) the acquisition of supplies in addition to equipment; (2) the prevention of casualties in addition to addressing causes of fatalities; and (3) the authorization of up to $200 million for the purchase of such supplies.
(Sec. 804) Directs the Secretary to: (1) review the process for the fielding of capabilities in response to urgent operational needs and report on review results; (2) develop and implement an expedited review process to determine whether capabilities proposed as urgent operational needs are appropriate for fielding through rapid fielding or the traditional acquisition process; and (3) report on the expedited review process.
(Sec. 805) Requires the Secretary to: (1) establish a program to improve the planning and oversight processes for the DOD acquisition of MDAPs; and (2) report annually specified information concerning any major automated information system program for which cost, schedule, and performance information has not been provided.
(Sec. 806) Outlines procedures to be followed by the head of an agency for reducing supply chain risk in the acquisition of national security systems. Limits the disclosure of information in such circumstances.
Subtitle B:
Provisions Relating to Major Defense Acquisition Programs
- (Sec. 811) Revises provisions concerning required independent cost estimation and analysis with respect to DOD acquisition programs to require cost estimates developed for baseline descriptions and budgetary purposes to be developed to provide a high degree of confidence that the major defense acquisition program (MDAP) or major automated information system program can be completed without the need for significant adjustment to program budgets. Requires cost estimates developed for contract negotiation purposes to be based on the government's reasonable expectation of successful contractor performance in accordance with the contractor's proposal and previous experience.
(Sec. 812) Directs the Secretary to: (1) issue comprehensive guidance on the management and manufacturing risk in MDAPs; and (2) ensure that the annual strategic workforce plan includes an assessment of the critical manufacturing readiness knowledge and skills needed in the acquisition workforce, as well as a plan for addressing any gaps in such knowledge and skills.
(Sec. 813) Amends the Weapon Systems Acquisition Reform Act of 2009 to revise and extend through 2014 a report requirement concerning developmental test and evaluation and systems engineering in the military departments and defense agencies.
(Sec. 814) Requires the reporting of unit costs and milestone approval certification requirements with respect to a designated major subprogram of an MDAP.
Subtitle C: Amendments to General Contracting Authorities, Procedures, and Limitations
- (Sec. 821) Amends the NDAA for Fiscal Year 2008 to extend until January 1, 2015, DOD authority to procure fire-resistant rayon fiber for uniforms. Prohibits the issuance of any contract solicitation before such date which requires the use of such rayon. Requires a report on the supply chain for such fiber.
(Sec. 822) Repeals federal provisions limiting to certain sources procurements from the small arms production industrial base.
(Sec. 823) Requires the review and revision, if necessary, of the term "produced" as it relates to the production of specialty metals in the United States.
(Sec. 824) Directs the Secretary to issue guidance concerning the DOD assessment of long-term technical data needs for major weapon systems and subsystems and corresponding acquisition strategies for such technical data.
(Sec. 825) Extends through FY2015 the authority for protests of task and delivery orders under DOD contracts.
(Sec. 826) Amends the NDAA for Fiscal Year 1994 to include option amounts within limitations on the authority of the Defense Advanced Research Projects Agency (DARPA) to carry out certain prototype projects.
(Sec. 827) Makes permanent (currently expires at the end of FY2012) the authority for the Defense Acquisition Challenge Program (providing opportunities for innovative and cost-saving technology in DOD MDAPS). Requires a five-year pilot program on expanding the use of such authority to DOD programs other than MDAPS.
(Sec. 828) Amends the National Energy Conservation Policy Act to outline the competitive procedures to be used by the head of a federal agency in issuing a task or delivery order under an energy savings performance contract, including: (1) selecting two or more contractors to conduct discussions concerning the contractors' qualifications to implement potential energy conservation measures; and (2) negotiating an order based on the energy conservation measures identified.
(Sec. 829) Provides definitions of "materials critical to national security" and "military equipment" for purposes of activities of the Strategic Materials Protection Board. Provides additional Board duties.
Subtitle D: Contractor Matters
- (Sec. 831) Amends provisions of the NDAA for Fiscal Year 2008 relating to DOD oversight and accountability of contractors performing private security functions in areas of combat operations to ensure that such contractors (current law) as well as all employees of such contractor or subcontractor performing such functions comply with prescribed regulations. Makes the head of the contracting activity responsible for ensuring that the contracting activity assigns sufficient oversight personnel to ensure that contractors, subcontractors, and employees performing such functions comply with all regulatory requirements. Provides remedies for contractor or subcontractor failure to comply.
(Sec. 832) Extends requirements under the NDAA for Fiscal Year 2008 regulating DOD contractors performing private security functions in areas of combat operations to the following additional areas: (1) areas in which significant military operations are being carried out by U.S. Armed Forces; (2) the Horn of Africa region; (3) Yemen; and (4) the Philippines. Requires a report from the Secretary on implementation of the regulations with respect to the new areas.
(Sec. 833) Requires the Secretary to determine whether the private sector has developed operational and business practice standards applicable to private security contractors, as well as a third-party certification process to determine adherence to such standards. Requires the Secretary to revise current DOD contractor regulations to include criteria for such standards. Makes such requirement inapplicable to contracts entered into by intelligence community elements in support of intelligence activities.
(Sec. 834) Amends the NDAA for Fiscal Year 2010 to authorize the Secretary to make determinations of fault in cases under which the Secretary reasonably believes that a contractor, during contract performance, may have caused serious bodily injury or death to DOD military or civilian personnel. Provides for the expedited determinations of fault in such cases. Makes such provisions applicable only when such contractors are not subject to the jurisdiction of U.S. courts.
(Sec. 835) Amends the NDAA for Fiscal Year 2008 to require the Secretary, the Secretary of State, and the Administrator of the United States Agency for International Development (USAID) to jointly report annually on contracts in Iraq or Afghanistan, including interagency coordination of such contracts. Requires CG oversight.
Subtitle E: Other Matters
- (Sec. 841) Replaces the JCS Chairman with the JCS Vice Chairman as chairman of the Joint Requirements Oversight Council. Requires commanders of combatant commands to be included on the Council when matters related to the area of responsibility of that command will be under Council consideration. Requires specified DOD officials to serve as Council advisors on matters within their authority and expertise.
(Sec. 842) Directs the Secretary to report on the status of achievement by DOD of the objectives and goals on the procurement of sustainable products and services established under a specified Executive Order.
(Sec. 843) Directs the Secretary to: (1) assess the supply and demand for rare earth materials in defense applications; (2) determine which materials are critical to the production, sustainment, or operation of significant U.S. military equipment; (3) develop a plan to ensure the long-term availability of such materials, with specified source supply goals; and (4) report on the assessment and plan.
(Sec. 844) Requires the CG to: (1) review the use of the national security exception to full and open competition generally required in DOD acquisition contracts; and (2) report review results.
(Sec. 845) Directs the Secretary to: (1) develop a plan to ensure that entities not subject to foreign ownership or control who are granted a DOD facility clearance employ and maintain policies and procedures to meet requirements under the national industrial security program; (2) issue guidance to implement such requirements; and (3) report on the plan developed.
(Sec. 846) Directs the Secretary to ensure that each DOD contract that includes the procurement of photovoltaic devices (which convert light directly into electricity) includes a provision requiring the devices to comply with Buy American requirements.
(Sec. 847) Applies the domestic non-availability exception of the DOD Buy American requirements to the procurement of hand or measuring tools.
(Sec. 848) Requires the Secretary to: (1) direct the Defense Science Board to carry out a review of DOD organization, doctrine, training, and planning for contractor logistics support of contingency operations; and (2) report review results.
Subtitle F: Improve Acquisition Act
- Improve Acquisition Act of 2010 -
Part I: Defense Acquisition System
- (Sec. 861) Codifies the definition of "defense acquisition system." Outlines responsibilities of the Under Secretary and the service acquisition executives of the military departments with respect to civilian management of the defense acquisition system, as well as acquisition-related functions of the chiefs of the military departments. Directs the Secretary to issue guidance for DOD to provide for periodic independent performance assessments of the various elements of the defense acquisition system. Requires that, beginning with FY2012, the annual DOD performance plan include appropriate performance goals for such elements. Requires annual related reports.
(Sec. 862) Directs the CG to: (1) carry out a comprehensive review of the Joint Capabilities Integration and Development System; and (2) report review results.
(Sec. 863) Directs the Secretary to ensure that: (1) each military department and defense agency establishes a process for identifying, assessing, reviewing, and validating requirements for the acquisition of services; and (2) the chiefs of staff of the military departments and the heads of defense agencies implement such process, using a process implementation plan. Requires the secretaries of the military departments and the defense agency heads to review and validate each requirement for the acquisition of services with a cost in excess of $10 million with the objective of identifying unneeded or low priority requirements that can be reduced or eliminated, with the savings transferred to higher priority objectives.
(Sec. 864) Directs the Secretary to: (1) conduct a review of the DOD acquisition guidance, including the guidance entitled "Operation of the Defense Acquisition System"; and (2) report on necessary changes to such guidance.
(Sec. 865) Requires the Secretary to: (1) 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 in addition to current references; and (2) report review findings.
(Sec. 866) Authorizes the Secretary to carry out a pilot program to assess the feasibility and advisability of acquiring military purpose nondevelopmental items through contracts with nontraditional defense contractors using specified streamlined procedures. Requires the Secretary to report on the pilot program, with CG oversight. Terminates pilot program authority five years after the enactment of this Act.
Part II: Defense Acquisition Workforce
- (Sec. 871) Directs the Secretary to use DOD employment authorities, including flexibilities related to performance management and hiring and the training of managers, in order to develop and manage a highly skilled professional workforce which ensures that DOD receives the best value for its expenditures.
(Sec. 872) Codifies the DOD acquisition workforce demonstration project, as established under the NDAA for Fiscal Year 1996. Limits to 120,000 the number of project participants. Directs the Secretary to designate an independent organization to conduct two project assessments. Extends such project through FY2017.
(Sec. 873) Directs the Secretary to establish policies and issue guidance to ensure the proper development, assignment, and employment of civilian personnel within the DOD acquisition workforce. Requires specified information concerning such workforce to be included in required annual reports relating to DOD personnel strengths. Directs the Secretary to establish requirements for the completion of course work and related on-job training and demonstration of qualifications in the critical acquisition-related duties and tasks of critical acquisition employees.
(Sec. 874) Provides additional acquisition workforce recertification and training requirements. Directs the Secretary to develop fulfillment standards, and implement and maintain a program, for achieving the necessary level of acquisition workforce training, including contracting-out for such training when appropriate.
(Sec. 875) Requires the Secretary to develop and carry out a plan to strengthen that part of the workforce that specializes in information technology.
(Sec. 877) Directs the Under Secretary to lead a review of the curriculum offered by the Defense Acquisition University to ensure that it adequately supports the training and education requirements of acquisition professionals.
Part III: Financial Management
- (Sec. 881) Requires the Under Secretary of Defense (Comptroller) to: (1) establish interim milestones for achieving audit readiness of DOD financial statements; (2) describe each interim milestone in required semiannual reports; (3) select the most consistent approach to the valuation of DOD assets; (4) review options for providing appropriate incentives within DOD and its defense agencies and activities to ensure that financial statements are validated as ready for audit prior to the end of FY2017; and (5) include review results in required semiannual reports.
(Sec. 882) Requires the Chief Management Officer of DOD to review the use and value of obligation and expenditure benchmarks and propose new benchmarks or processes for tracking financial performance.
(Sec. 883) Directs the CG to report on additional costs associated with compliance with the Patient Protection and Affordable Care Act (PPACA) and the Health Care and Education Reconciliation Act of 2010.
Part IV: Industrial Base
- (Sec. 891) Directs the Secretary to establish a program to expand the DOD industrial base in order to increase access to innovation and the benefits of competition.
(Sec. 892) Requires the Secretary to: (1) develop and implement procedures for the collection and analysis of information on price trends for certain supplies and equipment purchased by DOD; and (2) report annually on such analysis.
(Sec. 893) Directs the Secretary to develop a program for the improvement of contractor business systems to ensure that such systems provide timely, reliable information for the management of DOD programs by the contractor and by DOD. Provides for DOD approval or disapproval of such a business system, with appropriate corrective action for disapproved systems.
(Sec. 894) Requires the Secretary to review and report on barriers to nontraditional suppliers wishing to contract with DOD and its defense supply centers.
(Sec. 895) Requires the inclusion of references to the provision of services and information technology within definitions and policy requirements relating to the national technology and industrial base.
(Sec. 896) Establishes a Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy, to act as the principal advisor to the Under Secretary with respect to DOD manufacturing and industrial base policy and matters. Directs the Secretary to establish the Industrial Base Fund.
Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management
- (Sec. 901) Redesignates certain positions within the Office of the Secretary of Defense in order to carry out a reduction in the number of deputy under secretaries of defense required under the NDAA for Fiscal Year 2010. Establishes the position of Deputy Chief Management Officer of the Department of Defense. Requires the Secretary to designate a Deputy Assistant Secretary of Defense for Prisoner of War/Missing Personnel Affairs. Delays until January 1, 2015 (under current law, January 1, 2011) the deadline to achieve the required reduction in the number of deputy under secretaries. Authorizes the Secretary, during the period beginning on the date of enactment of this Act and ending on January 1, 2015, to appoint up to five additional deputy under secretaries. Requires a report from the Secretary setting forth a plan for the realignment of the organizational structure of the Office of the Secretary of Defense to comply with the requirements of this section.
Subtitle B: Space Activities
- (Sec. 911) Requires the Secretary and the Director of National Intelligence (DNI) to develop an integrated process for national security space architecture planning, development, coordination, and analysis.
(Sec. 912) Prohibits funds authorized for the National Polar-Orbiting Operational Environmental Satellite System program from being obligated or expended for terminating a contract awarded under such program unless the Secretary and the Secretary of Commerce agree to each be responsible for half of such termination costs.
(Sec. 913) Prohibits funds from being used to purchase user equipment for the Global Positioning System (GPS) during fiscal years after 2017 unless the equipment is capable of receiving the military code (the M code) from the GPS. Provides an exception for the purchase of passenger or commercial vehicles in which GPS equipment is installed. Authorizes the waiver of such prohibition by the Secretary under certain circumstances.
(Sec. 914) Directs the Secretary to submit a plan for the integration of space-based nuclear detection sensors. Prohibits the use of more than 90% of funds for the space-based infrared system until such plan has been submitted.
(Sec. 915) Directs the Secretary to report on the impact of the cancellation of NASA's Constellation program on any anticipated next-generation mission requirements for missile defense interceptors, tactical and strategic missiles, targets, and satellite and human space flight launch vehicles.
(Sec. 916) Requires the Secretary to: (1) develop an implementation plan for sustaining the solid rocket motor industrial base; and (2) submit such plan concurrently with the President's FY2012 budget.
(Sec. 917) Directs the Secretary to: (1) review, and develop a plan to sustain, the liquid rocket propulsion systems industrial base; and (2) submit such plan within 180 days after the enactment of this Act.
Subtitle C: Intelligence-Related Matters
- (Sec. 921) Extends through 2015 the Secretary's authority to engage in commercial activities as security for intelligence collection activities.
(Sec. 922) Allows the secretary of each military department to designate an officer or employee to attend proceedings of the Intelligence, Surveillance, and Reconnaissance Integration Council.
(Sec. 923) Directs: (1) the chiefs of staff of the Army, Navy, and Air Force to report jointly to the Secretary on remotely-piloted aircraft support of intelligence, surveillance, and reconnaissance (ISR) within their respective departments; and (2) the Secretary to transmit such report to Congress.
(Sec. 924) Requires the Secretary of the Air Force to report on requirements fulfillment and personnel management in connection with Air Force ISR provided by remotely-piloted aircraft.
Subtitle D:
Cyber Warfare, Cyber Security, and Related Matters
- (Sec. 931) Requires the Secretary to direct DOD's Chief Information Officer to work to achieve: (1) the continuous prioritization of the policies, principles, standards, and guidelines developed under the National Institute of Standards and Technology Act with agencies and offices operating or exercising control of national security systems based upon the evolving threat of information security incidents with respect to national security systems, the vulnerability of such systems to such incidents, and the consequences of such incidents; and (2) the automation of continuous monitoring of the effectiveness of the information security policies, procedures, and practices within the information infrastructure of DOD, and the compliance of that infrastructure with such policies, procedures, and practices.
(Sec. 932) Directs the Secretary to: (1) develop and implement, by no later than October 1, 2011, a strategy for assuring the security of software and software-based applications for DOD major systems, national security systems, and specified information systems; and (2) report on the strategy.
(Sec. 933) Requires the Secretary to: (1) 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 (2) report on the strategy.
(Sec. 934) Directs the Secretary to report on the DOD cyber warfare policy.
(Sec. 935) Requires the Secretary to submit, in each of 2011 through 2015, progress reports on defending DOD and the defense industrial base from cyber events such as attacks, intrusions, and theft.
Subtitle E: Other Matters
- (Sec. 941) Amends the Hunter Act to extend through FY2012 the temporary authority to waive the reimbursement of costs for personnel of nongovernmental and international organizations to participate in activities of DOD regional centers for security studies. Extends a related report requirement.
(Sec. 942) Requires the Secretary to consider information operations and detention and interrogation activities as part of the 2011 Quadrennial Roles and Missions Review.
(Sec. 943) Directs the Secretary to: (1) report on DOD organizational structure and policy guidance with respect to information operations; and (2) prescribe a revised DOD directive on such operations. Includes within information operations electronic warfare, computer network operations, psychological operations, military deception, and operations security.
(Sec. 944) Requires the Secretary and the JCS Chairman to report jointly on the organizational structures of the headquarters of the geographic combatant commands.
Title X: General Provisions - Subtitle A: Financial Matters
- (Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Increases amounts authorized to be appropriated for overseas contingency operations under the NDAA for Fiscal Year 2010 for DOD operations in Afghanistan, Iraq, and Haiti, with specified amounts for: (1) procurement; (2) the Joint Improvised Explosive Device Defeat Fund; (3) the Mine Resistant Ambush Protected Vehicle Fund; (4) RDT&E; (5) O&M; (6) the Defense Health Program; (7) drug interdiction and counterdrug activities; (8) the Afghanistan Security Forces Fund; (9) the Iraq Security Forces Fund; (10) overseas humanitarian, disaster, and civic aid; (11) the Overseas Contingency Operations Transfer Fund; (12) Working Capital Funds; and (13) military personnel.
Subtitle B: Counter-Drug Activities
- (Sec. 1011) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to extend through FY2011 DOD authority to support a unified counter-drug and counterterrorism campaign in Colombia.
(Sec. 1012) Amends the NDAA for Fiscal Year 2004 to extend through FY2011 the authority of a DOD joint task force to provide support to law enforcement agencies conducting counterterrorism activities. Provides additional conditions on the authority for such support, while allowing the Secretary to waive such conditions when vital to national security.
(Sec. 1013) Amends the Spence Act to extend through 2011 a report on expenditures to support foreign counterdrug activities.
(Sec. 1014) Amends the NDAA for Fiscal Year 1998 to extend through FY2012 authorized DOD support for counterdrug activities of certain foreign governments.
(Sec. 1015) Amends the NDAA for Fiscal Year 1991 to revise congressional notification requirements with respect to military construction projects for facilities of DOD and foreign law enforcement agencies for counter-drug activities.
Subtitle C: Naval Vessels and Shipyards
- (Sec. 1021) Amends the Hunter Act to extend through FY2015 DOD authority to provide reimbursement for the cost of meals provided on U.S. naval and auxiliary vessels for certain non-military personnel.
(Sec. 1022) Expresses the sense of Congress that the Secretary of the Navy should name a Navy combat vessel the U.S.S. Father Vincent Capodanno in honor of Father Vincent Capodanno, a lieutenant in the Navy Chaplain Corps.
(Sec. 1023) Requires the Secretary of the Navy, during each year in which the Secretary of Defense submits a quadrennial defense review, to submit a long-range plan for the construction of Navy combatant and support vessels that supports the force structure recommendations of the quadrennial defense review. Requires the Secretary of the Navy to include a risk assessment if the defense budget for a fiscal year provides funding for naval vessel construction at a level less than that determined necessary by the Director of Cost Assessment and Program Evaluation. Directs the CBO to report assessing the sufficiency of the construction schedules and estimated levels of annual funding included in the Secretary of the Navy's plan.
Subtitle D: Counterterrorism
- (Sec. 1031) Extends through FY2011 DOD authority to provide rewards to certain government personnel for assistance in combating terrorism.
(Sec. 1032) Prohibits funds from this Act from being used to transfer, release, or assist in the transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after January 20, 2009, at U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo), by DOD.
(Sec. 1033) Prohibits the Secretary, for one year after the enactment of this Act, from using DOD funds to transfer any individual detained at Guantanamo to the custody or control of such individual's country of origin, or to any other foreign country or entity, unless the Secretary, at least 30 days beforehand, has made a certification to Congress relating to such transfer. Requires the certification to include, among other things, that the country to which the individual is about to be transferred: (1) is not a designated state sponsor of terrorism or foreign terrorist organization; and (2) has agreed to take steps to ensure that the individual cannot engage or re-engage in any terrorist activity. Prohibits any such transfer if there is a confirmed case that any individual previously detained at Guantanamo and then transferred to a foreign country or entity subsequently engaged in a terrorist activity, but authorizes the Secretary to waive such prohibition in the interests of national security.
(Sec. 1034) Prohibits the use of DOD funds to construct or modify any facility in the United States or its territories or possessions in order to house a non-U.S. citizen in DOD custody or control or previously detained at Guantanamo for the purpose of detention or imprisonment. Makes such prohibition inapplicable to facility modifications at Guantanamo. Directs the Secretary to report on the merits, costs, and risks of using any facility in the United States for such purpose.
(Sec. 1035) Requires the Secretary to: (1) conduct a review of DOD policies, regulations, instructions, and directives pertaining to force protection within DOD; and (2) provide an interim and final report concerning such review.
Subtitle E: Homeland Defense and Civil Support
- (Sec. 1041) Directs the Secretary to ensure that no Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive (CBRNE) Consequence Management Response Force established as of October 1, 2009, is deactivated or disestablished until the Secretary certifies that there exists an alternative CBRNE consequence management response at least as capable as two of such Forces. Requires a report from the Secretary on DOD plans to establish Homeland Response Forces for domestic emergency response to incidents involving weapons of mass destruction.
Subtitle F: Studies and Reports
- (Sec. 1051) Directs the Secretary to: (1) contract with an independent, nonprofit organization to conduct a study assessing the current state of interagency national security knowledge and skills in DOD civilian and military personnel; and (2) report study findings and recommendations.
(Sec. 1052) Requires the Secretary to report on the need for the establishment of a Northeast Regional Joint Training Center.
(Sec. 1053) Directs the CG to report on the sufficiency, adequacy, and conclusions of three previously-required reports concerning Air Force fighter force shortfalls, the procurement of 4.5 generation fighters, and combat air forces restructuring. Prohibits fighter aircraft from being retired from the Air Force or Air National Guard in FY2011 until 90 days after receipt of the CG's report.
(Sec. 1054) Requires biennial reports from the Secretary, beginning in 2012, on the nuclear triad (ballistic missile submarines, land-based missiles, and strategic bombers).
(Sec. 1055) Directs the CG to: (1) conduct a study to assess the need for and implications of a common alignment of world regions in the internal organization of federal departments and agencies with international responsibilities; and (2) report study results.
(Sec. 1056) Requires a report from: (1) the Secretary of the Air Force on bomber fleet modernization and sustainment; and (2) DOD's Director of Cost Analysis and Program Evaluation on the assumptions and life-cycle costs of DOD's bomber platforms, including the Next Generation Platform program.
(Sec. 1057) Directs the CG to: (1) study the security of the southern land border of the United States and ongoing efforts to improve such security; and (2) report study findings and recommendations.
Subtitle G: Miscellaneous Authorities and Limitations
- (Sec. 1061) Directs the Secretary to ensure that each report required by law to be submitted to Congress by the Secretary or any DOD element is made available to the public, upon request, through the Office of the Assistant Secretary of Defense for Public Affairs. Provides report exceptions, including those containing classified or proprietary information, as well as reports exempt from public disclosure.
(Sec. 1062) Provides that the Secretary 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 or ammunition by a member of the Armed Forces or civilian employee of DOD on property that is not a military installation or other property owned or operated by DOD. Requires the Secretary to: (1) review the privately-owned weapons policy of DOD; and (2) report findings and recommendations.
(Sec. 1063) Requires the Secretaries of Defense and Energy to: (1) develop criteria for determining the appropriate baseline for the safety and security of nuclear weapons, as well as a methodology for determining the level of safety and security that may be achieved through a life extension program for each type of nuclear weapon; and (2) report on such criteria and methodology.
Subtitle H: Other Matters
- (Sec. 1071) Requires, in each year in which a DOD quadrennial defense review is conducted, the establishment of an independent panel, to be known as the National Defense Panel, to perform specified duties in connection with each such review. Directs the Panel to submit an assessment of each review. Terminates each Panel 45 days after its final assessment.
(Sec. 1072) Authorizes the sale of surplus military equipment to state and local homeland security and emergency management agencies. Expands the types of equipment that may be sold to include personal protective and other appropriate equipment.
(Sec. 1073) Directs the Secretary to: (1) establish a program to accelerate the fielding of innovative technologies developed using DOD research funding, and the expedient DOD use of such technologies in defense acquisition programs; and (2) report annually on program operation. Provides funding. Terminates program authority (and the report requirement) at the end of FY2015.
(Sec. 1074) Authorizes the Secretary to make nonlethal excess DOD supplies available to support domestic emergency assistance activities.
(Sec. 1076) Directs the Secretary to: (1) commission an independent study on the optimal balance between manned and remotely-piloted aircraft ; and (2) report study results.
(Sec. 1077) Applies any law applicable to Operation Iraqi Freedom to the successor operation known as Operation New Dawn, except as specifically otherwise provided.
(Sec. 1078) Expresses the sense of Congress supporting RDT&E, procurement, and fielding of nonlethal weapons and technologies explicitly designed to reduce military casualties, improve mission accomplishment and operational effectiveness, reduce civilian casualties, and minimize undesired damage to property and the environment. Requires reports from the Secretary on: (1) the utility and effectiveness of such weapons to provide escalation of force options in counterinsurgency operations; and (2) the role and utility of such weapons and technologies in such operations.
(Sec. 1079) Expresses the sense of Congress that no action should be taken to implement the reduction of U.S. strategic nuclear forces below the levels described in the New START Treaty, unless the President submits a report and certification with respect to such reduction.
Title XI: Civilian Personnel Matters
- (Sec. 1101) Amends provisions of the Hunter Act relating to the authority to hire scientists and engineers designated as shortage categories to increase from 2% to 5% the total number of such positions within one DOD science and technology laboratory. Corrects certain cross-references relating to the laboratory demonstration program.
(Sec. 1102) Directs the Secretary to issue appropriate policies and procedures to ensure that all DOD senior mentors are: (1) hired as highly qualified experts; and (2) required to comply with all applicable federal regulations on personnel and ethics matters.
(Sec. 1103) Amends the Hunter Act to extend through 2011 DOD authority to waive the limitation on premium pay and the aggregate pay limit for federal civilian employees working in certain overseas locations.
(Sec. 1104) Authorizes the Secretary to: (1) designate any category of health care occupation within DOD as a shortage category or critical need occupation (for purposes of enhanced DOD appointment and compensation authority with respect to such category or occupation); and (2) recruit and appoint qualified individuals directly to such positions. Extends such enhanced authorities through 2015.
(Sec. 1105) Provides an overtime rate of pay, effective through FY2014, for a Navy employee assigned to temporary duty to perform work aboard, or dockside in direct support of, the nuclear aircraft carrier forward deployed in Japan. Requires a report from: (1) the Secretary of the Navy on the use of such pay authority; and (2) the Director of the Office of Personnel Management (OPM) on the use of such authority, as well as the advantages and disadvantages of expanding such authority to include other federal employees.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training
- (Sec. 1201) Amends the Reagan Act to increase from $40 million to $45 million the authorized funding for assistance to foreign forces, groups, or individuals supporting US special operations forces in combating terrorism.
(Sec. 1202) Authorizes the Secretary to provide nonmilitary logistic support, supplies, and services to allied forces or governmental agencies if U.S. Armed Forces will directly benefit. Requires concurrence of the Secretary of State in the provision of such support and services.
(Sec. 1203) Amends the Warner Act to expand the temporary authority to use acquisition and cross-servicing agreements to lend personnel protection equipment to allied forces in Iraq or Afghanistan or under a peacekeeping operation to allow such equipment to be loaned prior to deployment in connection with the training of forces participating in such operations. Directs the Secretary to provide notification 15 days in advance of the provision of equipment in connection with such pre-deployment training.
(Sec. 1204) Authorizes the Secretary or a military department secretary to pay the travel, subsistence, and special compensation of officers and students of African countries as determined necessary for African cooperation.
(Sec. 1205) Authorizes the Secretary, with the concurrence of the Secretary of State, to provide assistance during FY2011 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. Provides funding. Directs the Secretary to provide notification 15 days advance of the provision of such assistance.
(Sec. 1206) Authorizes the Secretary of the Air Force to establish and maintain a demonstration scholarship program to allow personnel of air forces of countries that are signatories of the Partnership for Peace agreement to receive undergraduate pilot and related training through the Euro-NATO Joint Jet Pilot Training program. Requires a program status report. Terminates the scholarship program at the end of FY2015. Provides program funding.
(Sec. 1207) Amends the NDAA for Fiscal Year 2006 to: (1) increase the amount authorized for a program for building the capacity of allied foreign military forces; and (2) increase the amount authorized for FY2012 for building foreign force capacity to participate in or support U.S. military and stability operations. Amends the Hunter Act to extend through FY2012 the authority of the Secretary to conduct a foreign forces capacity-building program under such Act.
Subtitle B: Matters Relating to Iraq, Afghanistan, and Pakistan
- (Sec. 1211) Prohibits the use of funds from this Act to: (1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq; or (2) exercise U.S. control of the oil resources of Iraq.
(Sec. 1212) Amends the NDAA for Fiscal Year 2006 and the NDAA for Fiscal Year 2010 to extend through FY2011 the authority provided under the Commanders' Emergency Response Program (humanitarian relief and reconstruction projects in Iraq and Afghanistan). Requires notification from the Secretary 15 days prior to the use of such funds for any project with an anticipated cost of $5 million or more.
(Sec. 1213) Amends the NDAA for Fiscal Year 2008 to extend through FY2011 the authority for reimbursement of certain coalition countries for logistical and military support provided in connection with U.S. military operations in Operations Iraqi Freedom and Enduring Freedom. Waives a required congressional notification of the use of such authority in the case of reimbursement for access based on an international agreement. Extends through FY2012 notification requirements applicable to such support provided by Pakistan.
(Sec. 1214) Amends the NDAA for Fiscal Year 2010 to extend through 2011 DOD authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan to support efforts to provide internal peace and security in those countries. Extends a related report requirement.
(Sec. 1215) Prohibits this Act's funds from being used to establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Afghanistan.
(Sec. 1216) Authorizes the Secretary, with the concurrence of the Secretary of State, to use specified FY2011 DOD O&M funds for Afghan citizen reintegration activities in Afghanistan. Requires semiannual reports from the Secretary on the use of such funds. Terminates such authority at the end of 2011.
(Sec. 1217) Authorizes the Secretary and the Secretary of State to establish a program to develop and carry out infrastructure projects (water, power, transportation) in Afghanistan. Provides funding. Requires the Secretary to provide congressional notification 30 days in advance of expending funds for such a project, or transferring funds to the Secretary of State for such purpose. Requires annual reports from the Secretary on the use of such authority.
(Sec. 1218) Amends the NDAA for Fiscal Year 2008 to extend through FY2011 DOD logistical support for coalition forces supporting operations in Iraq and Afghanistan.
(Sec. 1219) Directs the Special Inspector General for Afghanistan Reconstruction to: (1) issue recommendations on measures to increase oversight of contractors engaged in activities related to Afghanistan; (2) report on efforts to implement existing recommendations regarding oversight of such contractors; and (3) report on the extent to which military and security contractors and subcontractors engaged in such activities have been responsible for the death of Afghan civilians.
(Sec. 1220) Amends the NDAA for Fiscal Year 2010 to extend through FY2011 DOD authority to use the Pakistan Counterinsurgency Fund to build the capabilities of Pakistan security forces to conduct counterinsurgency operations. Requires such assistance to be used in a manner that promotes observance of and respect for human rights and fundamental freedoms and respect for legitimate civilian authority within Pakistan.
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ubtitle C: Reports and Other Matters
- (Sec. 1231) Amends the NDAA for Fiscal Year 2008 to extend through FY2012: (1) a semiannual report on U.S. progress toward security and stability in Afghanistan; and (2) a report on the Secretary's plan for sustaining the Afghanistan National Security Forces.
(Sec. 1233) Amends the NDAA for Fiscal Year 2010 to extend through 2010, and revise the due date of, a required report on responsible redeployment of U.S. Armed Forces from Iraq. Requires additional information in such report, including assessments of the progress in transferring from DOD the responsibility of programs, projects, and activities carried out in Iraq, as well Iraqi progress in providing for its own internal and external defense. Repeals related report requirements.
(Sec. 1234) Directs the Secretary to report on the implementation of DOD coalition support authorities during Operations Iraqi Freedom and Enduring Freedom.
(Sec. 1235) Requires the DOD Inspector General to report on the Afghan National Police training program, after conducting a review of such program that focuses on developments since the release of a DOD/State Department report on funds provided for such training. Directs the: (1) CG to report on the use of U.S. government personnel rather than contractors for such training; and (2) President to report on U.S. government police training and equipping programs outside the United States.
(Sec. 1236) Directs the Secretary to submit specified information on Iraqis who were or are employed by the U.S. government in Iraq or by an organization or entity closely associated with the U.S. mission in Iraq that has received U.S. government funding through an official and documented contract, award, grant, or cooperative agreement, as well as the number of such Iraqis who have applied for resettlement into the United States or for U.S. special immigrant status. Requires the Secretary to develop a plan for the expedited processing of such resettlement or status applications in the case of Iraqis at risk as the United States withdraws from Iraq.
(Sec. 1237) Directs the Secretary to report on plans to implement reforms to the U.S. export control system.
(Sec. 1238) Expresses the sense of Congress that the Secretary should ensure that the United States has the appropriate authorities, capabilities, and force structure to defend against any potential future threats posed by the anti-access and area-denial capabilities of potentially hostile foreign countries. Requires a report from the Secretary on U.S. efforts to defend against any such threats.
(Sec. 1239) Directs the Defense Science Board to report on DOD strategy to counter violent extremism outside the United States.
(Sec. 1240) Directs the Secretary to report an evaluation of naval security in the Persian Gulf and the Strait of Hormuz.
(Sec. 1241) Requires the Secretary to: (1) monitor and evaluate the impact of United States Africa Command (USAFRICOM) Combined Joint Task Force-Horn of Africa's activities to counter violent extremism in Africa; and (2) report on the impact of such activities in advancing U.S. security objectives in the Horn of Africa, as well as on USAFRICOM's efforts to monitor and evaluate such impact.
(Sec. 1242) Amends the NDAA for Fiscal Year 2010 to extend and increase for FY2011 the authorization of appropriations for DOD support of the North Atlantic Treaty Organization Special Operations Coordination Center (renamed the NATO Special Operations Headquarters).
(Sec. 1243) Requires the Secretary to: (1) develop a National Military Strategy to Counter Iran; and (2) provide congressional briefings regarding any resources, capabilities, or changes necessary to address gaps identified in the Strategy.
Title XIII: Cooperative Threat Reduction
- (Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits FY2011 funds from being used for purposes other than those specified until 15 days after the Secretary reports on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Prohibits more than $500,000 of the FY2011 CTR funds from being obligated or expended to establish a center of excellence in any country not a state of the former Soviet Union until 15 days after the Secretary notifies Congress.
(Sec. 1304) Directs the Secretaries of Defense and Energy to jointly submit a plan to carry out activities relating to nonproliferation, proliferation prevention, and threat reduction with the People's Republic of China during FY2011-FY2016.
Title XIV: Other Authorizations - Subtitle A: Military Programs
- (Sec. 1401) Authorizes appropriations for FY2011 to be used by the Armed Forces and other activities and agencies of DOD for providing capital for working capital and revolving funds.
(Sec. 1402) Directs: (1) the Secretary to contract with an FFRDC to carry out a study to determine a sufficient operational level of cash that each DOD revolving fund should maintain in order to sustain a single rate or price throughout the fiscal year; (2) the chief executive officer of the FFRDC selected to report study results; and (3) the Secretary and the military department secretaries to submit their comments on the findings and recommendations contained in the FFRDC's report.
(Sec. 1403) Allows DOD working capital funds to be used to purchase supplies developed through continuous technology refreshment. Increases from $100,000 to $250,000 the working capital fund capital asset procurement threshold.
(Sec. 1404) Requires the Secretary to transfer specified unobligated funds from the Pentagon Reservation Maintenance Revolving Fund to the Miscellaneous Receipts Fund of the Treasury.
(Sec. 1405) Authorizes appropriations for FY2011 for: (1) the National Defense Sealift Fund; (2) chemical agents and munitions destruction; (3) DOD drug interdiction and counterdrug activities; (4) the Defense Inspector General; and (5) the Defense Health Program.
Subtitle B: National Defense Stockpile
- (Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2011, to obligate up to $41.181 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the NDAA for Fiscal Year 2000 to increase the receipt objectives for previously-authorized NDS disposals.
Subtitle C: Chemical Demilitarization Matters
- (Sec. 1421) Consolidates and reorganizes the statutory authority for the U.S. chemical demilitarization program to eliminate overlapping or duplicative provisions and make all such authority consistent with the Chemical Weapons Convention (CWC). Eliminates: (1) DOD authority to delay the destruction of the chemical weapons stockpile for various reasons, including a determination that there was a significant delay in the acquisition of a sufficient number of binary chemical weapons; and (2) the Secretary's authority to acquire binary chemical weapons. Provides authorized uses of toxic chemicals for purposes not prohibited by the CWC.
Subtitle D: Other Matters
- (Sec. 1431) Authorizes appropriations for FY2011 for the Armed Forces Retirement Home.
(Sec. 1432) Authorizes the Secretary to transfer specified Defense Health Program funds to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, to be used for operations of the Captain James A. Lovell Federal Health Care Center and its supporting facilities.
Title XV: Authorization of Additional Appropriations for Overseas Contingency Operations
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Subtitle A: Authorization of Additional Appropriations
- (Sec. 1502) Authorizes appropriations for DOD for FY2011 to provide additional funds for overseas contingency operations, specifically for: (1) procurement; (2) the Joint Improvised Explosive Device Defeat Fund; (3) National Guard and reserve equipment; (4) the Mine Resistant Ambush Protected Vehicle Fund; (5) RDT&E; (6) O&M; (7) military personnel; (8) Defense Working Capital Funds; (9) the Defense Health Program; (10) drug interdiction and counterdrug activities; and (11) the Defense Inspector General.
Subtitle B: Financial Matters
- (Sec. 1521) Treats amounts authorized by this title as in addition to amounts otherwise authorized by this Act.
(Sec. 1522) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year.
Subtitle C: Limitations and Other Matters
- (Sec. 1531) Subjects funds made available in this Act for the Afghanistan Security Forces Fund and the Iraq Security Forces Fund to fund use and transfer conditions required under the NDAA for Fiscal Year 2008.
(Sec. 1532) Provides that if Iraq Security Forces Fund amounts are used to purchase any item or service for Iraq Security Forces, the funds may not cover more than 80% of the cost of such item or service, with exceptions. Prohibits the obligation of more than $1 billion of Fund amounts until the Secretary makes a specified certification concerning the Iraqi government's commitment to build and maintain the capacity of Iraqi security forces.
(Sec. 1533) Applies to funds authorized under this title provisions of the Hunter Act prohibiting the use of funds for the acquisition, development, or improvement of facilities in Iraq for use by the Iraqi government, its political subdivisions, or its armed forces.
(Sec. 1534) Applies fund use and transfer conditions of the Warner Act to funds made available for the Joint Improvised Explosive Device Defeat Fund for FY2011. Requires monthly reports from the Secretary during FY2011 on the Fund's monthly commitments, obligations, and expenditures.
(Sec. 1535) Authorizes DOD's Task Force for Business and Stability Operations in Afghanistan to carry out projects to assist the commander of United States Forces-Afghanistan and the Ambassador of the U.S. Mission in Afghanistan to reduce violence, enhance stability, and support economic normalcy in Afghanistan. Provides funding. Requires a report from the Secretary on Task Force activities. Directs the: (1) Secretary, the Secretary of State, and the Administrator of USAID to develop a plan to transition the activities of the Task Force to the Department of State; and (2) President to report on an economic strategy for Afghanistan.
Title XVI: Improved Sexual Assault Prevention and Response in the Armed Forces -
(Sec. 1602) Directs the Secretary, by March 30, 2012, to submit a revised comprehensive policy for the DOD sexual assault prevention and response program (program) that builds upon the policy developed under the Reagan Act and incorporates new requirements identified under this title. Requires the Secretary to develop and implement an evaluation plan for assessing the effectiveness of the revised policy, with a required progress report in 2011. Directs the Secretary to use consistent terminology, position descriptions, minimum program standards, and organizational structures throughout the Armed Forces in implementing the program.
Subtitle A: Organizational Structure and Application of Sexual Assault Prevention and Response Program Elements
- (Sec. 1611) Establishes in DOD a Director of the Sexual Assault Prevention and Response Office to, among other things, oversee implementation of the comprehensive DOD policy for the program. Requires DOD and military department inspectors general to treat the program as an item of special interest when inspecting DOD and military organizations and activities with responsibilities regarding prevention and response to sexual assault.
(Sec. 1612) Directs the Secretary to: (1) issue standards to assess and evaluate the effectiveness of the program of each Armed Force in reducing the number of sexual assaults involving members and in improving DOD response to reports of sexual assaults involving members; and (2) develop measures to ensure that the Armed Forces comply with those standards.
(Sec. 1613) Requires a report and plan from the Secretary for the completion of the centralized DOD sexual assault database required under the Hunter Act.
(Sec. 1614) Directs the Secretary to clarify limitations on the ability of a member to make a restricted report regarding the occurrence of a sexual assault and the circumstances under which information contained therein may no longer be confidential.
Subtitle B: Improved and Expanded Availability of Services
- (Sec. 1621) Directs the Secretary to establish protocols for providing medical care to a member or beneficiary who is a victim of a sexual assault, including protocols for appropriate screening, prevention, and mitigation of diseases.
(Sec. 1622) Entitles a member or dependent who is the victim of a sexual assault to assistance by a Sexual Assault Victim Advocate. Requires the member or dependent to be informed of the availability of such assistance upon seeking assistance from a Sexual Assault Response Coordinator.
Subtitle C: Reporting Requirements
- (Sec. 1631) Directs: (1) the Secretary of each military department to report annually to the Secretary during 2012 through 2017 on sexual assaults involving members under their jurisdiction; and (2) the Secretary to forward such reports to Congress, together with comments and recommendations. Repeals a superseded reporting requirement under the Reagan Act.
(Sec. 1632) Requires the Secretary to evaluate: (1) the feasibility of extending sexual assault prevention and response services to DOD civilian employees and employees of defense contractors who are victims of sexual assault; (2) the application of the program to members of the reserve components; (3) the feasibility of requiring that a copy of the proceedings of a general or special court-martial involving a sexual assault be given to the victim in cases in which the victim testified; (4) the feasibility of authorizing legal assistance for servicemembers and their dependents who are victims of a sexual assault; and (5) the feasibility of utilizing trained forensic medical examiners when sexual assaults involving members occur in a military environment where civilian resources are limited or unavailable. Requires all evaluation results to be submitted to Congress.
Division B: Military Construction Authorizations
- Military Construction Authorization Act for Fiscal Year 2011 - (Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII and Title XXIX of this Act on October 1, 2013, or the date of enactment of an Act authorizing funds for military construction for FY2014, whichever is later, with an exception.
(Sec. 2003) Provides that the authorizations in this Division shall be available in the amounts specified in the funding tables provided in Title XXX of this Act.
Title XXI [sic]: Army Military Construction
- (Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural and engineering services and construction design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2010 for military construction, land acquisition, and military family housing functions of the Army.
(Sec. 2105) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2002 to authorize, and provide funding for, a project for construction of a fire station at Fort Belvoir, Virginia. Directs the Secretary of the Army to provide specified congressional notification concerning the cost of such project.
(Sec. 2106) Revises certain prior-year military construction projects to: (1) change the location of a project in Germany; and (2) allow construction of a brigade headquarters at Fort Riley, Kansas.
(Sec. 2108) Extends certain FY2008 military construction projects.
Title XXII: Navy Military Construction
- (Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Extends a prior-year military construction project.
Title XXIII: Air Force Military Construction
- (Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI. Extends a prior-year military construction project.
Title XXIV: Defense Agencies Military Construction - Subtitle A: Defense Agency Authorizations
- (Sec. 2401) Authorizes the Secretary to acquire real property and carry out other-than-military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out energy conservation projects in a specified amount. Authorizes appropriations for fiscal years after 2010 for military construction, architectural and engineering services and construction design, military family housing, and energy conservation projects.
(Sec. 2404) Amends the MCAA for Fiscal Year 2010 to: (1) add an authorized military construction project at an unspecified location; and (2) allow the Secretary to construct a behavioral health clinic in connection with a construction project for Fort Bragg, North Carolina.
Subtitle B: Chemical Demilitarization Authorizations
- (Sec. 2411) Authorizes appropriations for fiscal years after 2010 for military construction and land acquisition for chemical demilitarization for the construction of: (1) phase 12 of a chemical munitions demilitarization facility at Pueblo Chemical Activity, Colorado; and (2) phase 11 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky.
(Sec. 2412) Amends the MCAA for Fiscal Year 2000 to expand the scope of an authorized chemical demilitarization project at Blue Grass Army Depot.
Title XXV: North Atlantic Treaty Organization Security Investment Program
- (Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization Security Investment Program and authorizes appropriations for fiscal years after 2010 for such Program.
Title XXVI: Guard and Reserve Forces Facilities
- (Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard and reserves. Authorizes appropriations for fiscal years after 2010 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
(Sec. 2607) Extends certain FY2008 National Guard military construction projects.
Title XXVII: Base Realignment and Closure Activities
- (Sec. 2701) Authorizes appropriations for fiscal years after 2010 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Account 1990.
(Sec. 2702) Authorizes the Secretary to carry out base closure and realignment activities authorized under the above Act and funded through the Department of Defense Base Closure Account 2005. Authorizes appropriations for fiscal years after 2010 for such activities.
(Sec. 2704) Directs the Secretary of the Army to submit a transportation plan for the BRAC (Base Realignment and Closure) 133 project (under the Fort Belvoir, Virginia, BRAC Initiative). Requires a report by the DOD Inspector General concerning the completion of environmental studies in connection with such project.
Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes
- (Sec. 2801) Amends federal provisions concerning the supervision of military construction projects to remove the requirement that the Secretary provide on a website the estimated final cost of a project, as well as the source of funds for excess project costs. Provides general public access to the information provided by the Secretary.
(Sec. 2802) Provides that if Pentagon Reservation Maintenance Revolving Fund amounts used for a construction or alteration activity exceeds the DOD limitation for an unspecified minor military construction project, then the activity shall be subject to prior authorization. Terminates, at the end of FY2012, the authority to use Fund amounts for such activities.
(Sec. 2803) Reduces reporting time limits for certain military construction and real property reports when submitted in electronic form.
(Sec. 2804) Amends the MCAA for Fiscal Year 2004 to extend through FY2011 DOD authority to use O&M funds of up to $200 million for construction projects inside the U.S. Central Command area of responsibility, or area of responsibility and interest of the Combined Task Force-Horn of Africa. Authorizes the Secretary, during such fiscal year, to waive certain prenotification requirements with regard to such projects. Authorizes the Secretary to increase project authority to up to $300 million for projects in Afghanistan.
(Sec. 2805) Expresses the sense of Congress that the Secretary should establish a Veterans to Work program to provide an opportunity for apprentices, who are also veterans, to work on military construction projects. Requires a report from the Secretary on the number of unemployed veteran apprentices, as well as an evaluation of the benefits to be derived from establishing such a program.
Subtitle B: Real Property and Facilities Administration
- (Sec. 2811) Repeals: (1) a reporting requirement with respect to DOD real property transactions that involve an estimated value of more than $250,000, but no more than $750,000; and (2) a notice-and-wait requirement involving General Services Administration (GSA) leases of space on behalf of DOD at an annual rate of more than $750,000. Adds additional reporting requirements with respect to leases of property owned by the United States.
(Sec. 2812) Authorizes the Secretary concerned to retain for the sole use of such museum proceeds derived at a military museum as a result of the lease of non-excess property.
(Sec. 2813) Prohibits the Secretary or the Secretary concerned from making annual payments under enhanced-use leases of non-excess property of DOD or the Armed Forces Retirement Home in excess of amounts specifically authorized and budgeted for such purpose (thereby eliminating the use of future-years DOD funds for such purpose).
(Sec. 2814) Repeals DOD authority to lease real property for special operations activities. (Such authority had expired on September 30, 2005.)
(Sec. 2815) Directs the Secretary to conduct a study relating to the presence of unexploded ordnance in a former bombardment area at Culebra Island, Puerto Rico.
Subtitle C: Provisions Related to Guam Realignment
- Sec. 2821) Extends through FY2020 the term of the Deputy Secretary of Defense as head of the Guam Oversight Council.
(Sec. 2822) Authorizes the Secretary to convey to the Guam Waterworks Authority all rights and interests in and to the water and wastewater treatment utility systems on Guam, in exchange for at least a 33% voting representation on the Guam Consolidated Commission on Utilities. Provides that if the conveyance occurs, the Secretary shall: (1) submit an implementation report; and (2) enter into an agreement with the Authority under which the Authority shall manage and operate any treatment plant constructed by a military department on Guam. Authorizes the Secretary of the Interior to provide technical assistance with respect to the design, construction, operation, and maintenance of integrated water and wastewater treatment utility systems on Guam, and directs the Secretaries of Defense and the Interior to report jointly on such assistance and related matters.
(Sec. 2823) Requires a report from the Secretary on the structural integrity of facilities required to support the Guam realignment (the realignment of military installations and relocation of military personnel on Guam).
(Sec. 2824) Directs the Secretary of the Interior to report on civilian infrastructure improvements needed to support the Guam realignment.
Subtitle D: Energy Security
- (Sec. 2831) Revises required elements of the DOD energy performance plan to include consideration of hybrid-electric drive and high-efficiency vehicles, as well as opportunities for high-performance construction, lease, operation, and maintenance of buildings.
(Sec. 2832) Revises generally requirements under a comprehensive master plan for achieving the energy performance goals of DOD. Requires the Secretary to submit a current version of such plan within 30 days after each budget of the President is submitted to Congress. Requires the consideration of renewable forms of energy for repairs and renovations. (Under current law, such consideration is required only for new construction.) Expands the list of products that will be considered energy-efficient products for such purposes.
Subtitle E: Land Conveyances
- (Sec. 2841) Authorizes the Secretary of the Army to convey to: (1) the city of Whittier, Alaska, certain real property at the Whittier Defense Fuel Support Point, to be used for public activities; and (2) the Department of Veterans Affairs of the Commonwealth of Kentucky certain property at Fort Knox, Kentucky, to establish and operate a state veterans home and expand the adjacent state veterans cemetery.
(Sec. 2843) Authorizes the Secretary of the Navy to convey to: (1) the Algiers Development District (Louisiana) the Naval Support Activity in New Orleans, Louisiana; (2) Humboldt Township, Michigan, specified real property in Republic, Michigan, for public activity uses; and (3) the North Carolina State Port Authority in Wilmington, North Carolina, the Marine Forces Reserve Center in Wilmington, for the development of a port facility and other public purposes.
Subtitle F: Other Matters
- (Sec. 2851) Prohibits the Secretary of the Navy from obligating or expending funds for the study or development of a new outlying landing field (OLF) in North Carolina or Virginia after FY2011 until such Secretary has reported on Navy efforts with respect to the OLF.
(Sec. 2852) Directs the Secretary to establish a unified construction standard for military construction and repairs at military medical facilities that provides a single standard of care, including a size standard for operating and recovery rooms. Requires: (1) the Secretary to establish an independent advisory panel for assistance in establishing such standard, and for related activities; (2) an initial and subsequent annual reports from the panel; and (3) a report from the Secretary assessing the panel's findings and recommendations. Terminates the advisory panel at the end of FY2015.
(Sec. 2853) Requires the Director of the Defense Logistics Agency to report on the DOD fuel infrastructure.
(Sec. 2854) Designates the newly constructed Armed Forces Reserve Center in Middletown, Connecticut, as the "Major General Maurice Rose Armed Forces Reserve Center."
(Sec. 2855) Expresses the sense of Congress that the Army and Air Force should explore means of accommodating the extension of the Alaska Railroad's rail corridor over approximately 950 acres of land located south and east of North Pole, Alaska, using existing authorities that will not adversely impact military missions, operations, and training.
(Sec. 2856) Expresses the sense of Congress that the Secretary of the Air Force should use existing authority to carry out solicitations for six military housing projects involving the packaging of 22 bases consistent with the goal of improving 15,000 homes for Air Force personnel and their families by the end of 2012.
(Sec. 2857) Expresses the sense of Congress that: (1) military installations that permit public access for recreational hunting and fishing should continue to do so where appropriate; (2) permitting the public to access military installations for recreational hunting and fishing benefits local communities by conserving and promoting the outdoors and establishing positive relations between the civilian and defense sectors; (3) any military installations that make recreational hunting and fishing permits available for purchase should provide a discounted rate for active and retired members of the Armed Forces and veterans with disabilities; and (4) DOD, all of the service branches, and military installations that permit such access should promote access to such installations by making the appropriate accommodations for members of the Armed Forces and veterans with disabilities.
Title XXIX: Overseas Contingency Operations Military Construction -
(Sec. 2901) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects outside the United States in connection with overseas contingency operations. Authorizes appropriations for fiscal years after 2010 for overseas military construction, architectural and engineering services and construction design, and DOD oversight.
(Sec. 2902) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army, above.
(Sec. 2903) Provides, with respect to DOD, authorizations paralleling those provided for the Army, above.
Title XXX: Military Construction Funding Tables
- (Sec. 3001) Provides funding amounts for specified programs, projects, and activities authorized under this Act relating to: (1) military construction, including chemical demilitarization construction, family housing operation and maintenance, and the DOD base closure accounts; and (2) military construction for overseas contingency operations.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations
- (Sec. 3101) Authorizes appropriations for DOE for FY2011 for: (1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, with specified allocations for weapons activities, defense nuclear nonproliferation activities, naval reactors, and the Office of the Administrator for Nuclear Security (Administrator); and (2) environmental restoration and waste management activities and plant projects in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, and energy security and assurance.
Subtitle B: Program Authorizations, Restrictions, and Limitations
- (Sec. 3111) Earmarks specified funds authorized under this title for the Secretary of Energy (Secretary, for purposes of this title only) to procure no more than two aircraft.
(Sec. 3112) Amends the Atomic Energy Defense Act to direct the Administrator, every other year, to include within the DOE plan for maintaining the nuclear weapons stockpile a plan for the modernization and refurbishment of the nuclear security complex. Requires related assessments and reports by the Nuclear Weapons Council.
(Sec. 3113) Amends the National Nuclear Security Administration Act to require the CG to study and report on the adequacy of budget requests with respect to the modernization and refurbishment of the nuclear security complex.
(Sec. 3114) Requires the Administrator to: (1) establish a cost and schedule baseline for each nuclear stockpile life extension project of the NNSA; and (2) submit such baseline to Congress. Directs the Secretary to establish and submit such a baseline for: (1) defense-funded construction projects in excess of $50 million pursuant to a national security authorization; and (2) each defense environmental management project in excess of $50 million. Directs the Administrator or Secretary, as necessary, to notify Congress of: (1) any project exceeding 125% of its cost baseline; or (2) whether a project will be terminated or continued (with a required certification for continued projects).
(Sec. 3115) Directs the Administrator, subject to the availability of appropriations, to establish a cooperative research and development center at each DOE national security laboratory.
(Sec. 3116) Directs the Secretary to submit annually to Congress a future-years defense environmental management plan, containing specified elements.
(Sec. 3117) Extends through: (1) FY2016 DOE authority to appoint certain scientific, engineering, and technical personnel; (2) FY2015 DOE authority to enter into transactions to carry out certain research projects; and (3) 2017 the authority for cooperation with the Russian Federation to increase accountability concerning nuclear materials protection, control, and accounting.
(Sec. 3120) Authorizes the Secretary to complete by the end of FY2022 the environmental restoration or remediation of certain property in Los Alamos County, New Mexico, held in trust for the Pueblo of San Ildefonso.
(Sec. 3121) Amends the NDAA for Fiscal Year 2010 to repeal a provision placing, for FY2010 only, the minor construction threshold for plant projects at $5 million. (Such threshold is normally $10 million.)
(Sec. 3122) Directs the Administrator to: (1) encourage cooperative research and development activities at DOE national security laboratories that lead to the creation of new private-sector employment opportunities; and (2) report annually on the number of new opportunities so created.
(Sec. 3123) Prohibits more than $500,000 NNSA defense nuclear nonproliferation funds from being obligated or expended to establish a center of excellence in a country not a state of the former Soviet Union until 15 days after congressional notification.
(Sec. 3124) Authorizes the Secretary to establish a program to permit the establishment of energy parks (areas for the development of energy technologies) on former defense nuclear facilities. Requires a program implementation report.
Subtitle C: Reports
- (Sec. 3131) Directs the Secretary to report on the implementation of DOE's graded security protection policy.
Title XXXII: Defense Nuclear Facilities Safety Board
- (Sec. 3201) Authorizes appropriations for FY2011 for the Defense Nuclear Facilities Safety Board.
Title XXXIV [sic]: Naval Petroleum Reserves
- (Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2011 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration
- (Sec. 3501) Authorizes appropriations to the Secretary of Transportation for FY2011 for the Maritime Administration (MA) for specified activities, including: (1) Merchant Marine Academy operations and state maritime academies; (2) the disposal of obsolete vessels in the National Defense Reserve Fleet; (3) maintaining a U.S.-flag merchant fleet; and (4) maritime loan guarantees.
(Sec. 3502) Extends through FY2025 the authorization for the Maritime Security Fleet.
(Sec. 3503) Allows a designated official from the Northern Mariana Islands to nominate individuals from such Islands for appointment as cadets at the U.S. Merchant Marine Academy.
(Sec. 3504) Revises the purposes of the United States Merchant Marine Academy to emphasize: (1) its status as an institution of higher education; and (2) maritime-related research and provision of other appropriate academic support, assistance, training, and activities to prepare individuals for service in the U.S. merchant marine.
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Bill titles: To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.; Improve Acquisition Act of 2010; Military Construction Authorization Act for Fiscal Year 2011
Links for more info on the vote: congress.gov
