H. R. 1540—304 
‘‘(B) any analysis or report generated by the MFOQA 
system or which is derived from MFOQA data. 
‘‘(3) Information that is exempt under paragraph (1) from 
disclosure under section 552(b)(3) of title 5 shall be exempt 
from such disclosure even if such information is contained 
in a data file that is not exempt in its entirety from such 
disclosure. 
‘‘(4) The provisions of paragraph (1) may not be superseded 
except by a provision of law which is enacted after the date 
of the enactment of this section and which specifically cites 
and repeals or modifies those provisions. 
‘‘(b) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations for the administration of this section. Such regulations 
shall ensure consistent application of the authority in subsection 
(a) across the military departments. 
‘‘(c) DELEGATION.—The Secretary of Defense may delegate the 
authority to make a determination under subsection (a) to the 
Director of Administration and Management of the Department. 
‘‘(d) TRANSPARENCY.—Each determination of the Secretary, or 
the Secretary’s designee, under subsection (a) shall be made in 
writing and accompanied by a statement of the basis for the deter-
mination. All such determinations and statements of basis shall 
be available to the public, upon request, through the Office of 
the Director of Administration and Management.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter II of such chapter is amended by 
inserting after the item relating to section 2254 the following 
new item: 
‘‘2254a. Data files of military flight operations quality assurance systems: exemption 
from disclosure under Freedom of Information Act.’’. 
(b) APPLICABILITY.—Section 2254a of title 10, United States 
Code, as added by subsection (a), shall apply to any information 
entered into any data file of the military flight operations quality 
assurance system before, on, or after the date of the enactment 
of this Act. 
SEC. 1083. LIMITATION ON PROCUREMENT AND FIELDING OF LIGHT 
ATTACK ARMED RECONNAISSANCE AIRCRAFT. 
(a) REPORT ON LIGHT ATTACK AND ARMED RECONNAISSANCE 
MISSIONS.— 
(1) REPORT
REQUIRED.—The Secretary of Defense shall 
submit to the congressional defense committees a report con-
taining the findings of a review carried out by the Secretary 
of the capability of the elements of the Department of Defense 
(including any office, agency, activity, or command described 
in section 111(b) of title 10, United States Code) that are 
responsible for conducting light attack and armed reconnais-
sance missions or fulfilling requests of partner nations for 
training in the conduct of such missions. 
(2) MATTERS INCLUDED.—In conducting the review under 
paragraph (1), the Secretary shall— 
(A) identify any gaps in the ability of the Department 
to conduct light attack and armed reconnaissance missions 
or to fulfill requests of partner nations for training in 
the conduct of such missions; 
(B) identify any unnecessary duplication of efforts 
between the elements of the Department to procure or
H. R. 1540—305 
field aircraft to conduct light attack and armed reconnais-
sance missions or to fulfill requests of partner nations 
to train in the conduct of such missions, including any 
planned— 
(i) developmental efforts; 
(ii) operational evaluations; or 
(iii) acquisition of such aircraft through procure-
ment or lease; and 
(C) include findings and recommendations the Sec-
retary considers appropriate to address any gaps identified 
under subparagraph (A) or unnecessary duplication of 
efforts identified under subparagraph (B). 
(b) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2012 may be obligated or expended for the procurement or fielding 
of light attack armed reconnaissance aircraft until the date that 
is 30 days after the date on which the Secretary submits the 
report required by subsection (a). 
SEC. 1084. PROHIBITION ON THE USE OF FUNDS FOR MANUFACTURING 
BEYOND LOW RATE INITIAL PRODUCTION AT CERTAIN 
PROTOTYPE INTEGRATION FACILITIES. 
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act may be used for manufacturing beyond low 
rate initial production at a prototype integration facility of any 
of the following components of the Army Research, Development, 
and Engineering Command: 
(1) 
The 
Armament 
Research, 
Development, 
and 
Engineering Center. 
(2) The Aviation and Missile Research, Development, and 
Engineering Center. 
(3) The Communications-Electronics Research, Develop-
ment, and Engineering Center. 
(4) The Tank Automotive Research, Development, and 
Engineering Center. 
(b) WAIVER.—The Assistant Secretary of the Army for Acquisi-
tion, Logistics, and Technology may waive the prohibition under 
subsection (a) for a fiscal year if— 
(1) the Assistant Secretary determines that the waiver 
is necessary— 
(A) for reasons of national security; or 
(B) to rapidly acquire equipment to respond to combat 
emergencies; and 
(2) the Assistant Secretary submits to Congress a notifica-
tion of the waiver together with the reasons for the waiver. 
(c) LOW-RATE INITIAL PRODUCTION.—For purposes of this sec-
tion, the term ‘‘low-rate initial production’’ shall be determined 
in accordance with section 2400 of title 10, United States Code. 
SEC. 1085. USE OF STATE PARTNERSHIP PROGRAM FUNDS FOR CER-
TAIN PURPOSES. 
Subject to section 1210 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2517; 
32 U.S.C. 107 note), of the funds made available to the National 
Guard, the Secretary of Defense may use up to $3,000,000 to 
pay for travel and per diem costs associated with the participation
H. R. 1540—306 
of United States and foreign civilian and non-defense agency per-
sonnel in conducting activities under the State Partnership Program 
of the National Guard. 
Subtitle J—Other Matters 
SEC. 1086. REDESIGNATION OF PSYCHOLOGICAL OPERATIONS AS MILI-
TARY INFORMATION SUPPORT OPERATIONS IN TITLE 10, 
UNITED STATES CODE, TO CONFORM TO DEPARTMENT 
OF DEFENSE USAGE. 
Title 10, United States Code, is amended as follows: 
(1) In section 167(j), by striking paragraph (6) and inserting 
the following new paragraph: 
‘‘(6) Military information support operations.’’. 
(2) Section 2011(d)(1) is amended by striking ‘‘psychological 
operations’’ and inserting ‘‘military information support oper-
ations’’. 
SEC. 1087. TERMINATION OF REQUIREMENT FOR APPOINTMENT OF 
CIVILIAN MEMBERS OF NATIONAL SECURITY EDUCATION 
BOARD BY AND WITH THE ADVICE AND CONSENT OF THE 
SENATE. 
(a) TERMINATION.—Subsection (b)(7) of section 803 of the David 
L. Boren National Security Education Act of 1991 (50 U.S.C. 1903) 
is amended by striking ‘‘by and with the advice and consent of 
the Senate,’’. 
(b) TECHNICAL AMENDMENT.—Subsection (c) of such section is 
amended by striking ‘‘subsection (b)(6)’’ and inserting ‘‘subsection 
(b)(7)’’. 
SEC. 1088. SENSE OF CONGRESS ON APPLICATION OF MORATORIUM 
ON EARMARKS TO THIS ACT. 
It is the sense of Congress that the moratorium on congression-
ally-directed spending items in the Senate, and on congressional 
earmarks in the House of Representatives, should be fully enforced 
in this Act. 
SEC. 1089. TECHNICAL AMENDMENT. 
Section 382 of title 10, United States Code, is amended by 
striking ‘‘biological or chemical’’ each place it appears in subsections 
(a) and (b). 
SEC. 1090. CYBERSECURITY COLLABORATION BETWEEN THE DEPART-
MENT OF DEFENSE AND THE DEPARTMENT OF HOME-
LAND SECURITY. 
(a) INTERDEPARTMENTAL COLLABORATION.— 
(1) IN GENERAL.—The Secretary of Defense and the Sec-
retary of Homeland Security shall provide personnel, equip-
ment, and facilities in order to increase interdepartmental 
collaboration with respect to— 
(A) strategic planning for the cybersecurity of the 
United States; 
(B) mutual support for cybersecurity capabilities 
development; and 
(C) synchronization of current operational cybersecu-
rity mission activities.
H. R. 1540—307 
(2) EFFICIENCIES.—The collaboration provided for under 
paragraph (1) shall be designed— 
(A) to improve the efficiency and effectiveness of 
requirements formulation and requests for products, serv-
ices, and technical assistance for, and coordination and 
performance 
assessment 
of, 
cybersecurity 
missions 
executed across a variety of Department of Defense and 
Department of Homeland Security elements; and 
(B) to leverage the expertise of each individual Depart-
ment and to avoid duplicating, replicating, or aggregating 
unnecessarily the diverse line organizations across tech-
nology developments, operations, and customer support 
that collectively execute the cybersecurity mission of each 
Department. 
(b) RESPONSIBILITIES.— 
(1) DEPARTMENT OF HOMELAND SECURITY.—The Secretary 
of Homeland Security shall identify and assign, in coordination 
with the Department of Defense, a Director of Cybersecurity 
Coordination within the Department of Homeland Security to 
undertake collaborative activities with the Department of 
Defense. 
(2) DEPARTMENT OF DEFENSE.—The Secretary of Defense 
shall identify and assign, in coordination with the Department 
of Homeland Security, one or more officials within the Depart-
ment of Defense to coordinate, oversee, and execute collabo-
rative activities and the provision of cybersecurity support to 
the Department of Homeland Security. 
SEC. 1091. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF 
CERTAIN DEPARTMENT OF DEFENSE CRITICAL INFRA-
STRUCTURE SECURITY INFORMATION. 
(a) IN GENERAL.—Chapter 3 of title 10, United States Code, 
is amended by inserting after section 130d the following new section: 
‘‘§ 130e. Treatment under Freedom of Information Act of crit-
ical infrastructure security information 
‘‘(a) EXEMPTION.—The Secretary of Defense may exempt Depart-
ment of Defense critical infrastructure security information from 
disclosure pursuant to section 552(b)(3) of title 5, upon a written 
determination that— 
‘‘(1) the information is Department of Defense critical infra-
structure security information; and 
‘‘(2) the public interest consideration in the disclosure of 
such information does not outweigh preventing the disclosure 
of such information. 
‘‘(b) INFORMATION PROVIDED TO STATE AND LOCAL GOVERN-
MENTS.—Department of Defense critical infrastructure security 
information covered by a written determination under subsection 
(a) that is provided to a State or local government shall remain 
under the control of the Department of Defense. 
‘‘(c) DEFINITION.—In this section, the term ‘Department of 
Defense critical infrastructure security information’ means sensitive 
but unclassified information that, if disclosed, would reveal 
vulnerabilities in Department of Defense critical infrastructure that, 
if exploited, would likely result in the significant disruption, 
destruction, or damage of or to Department of Defense operations, 
property, or facilities, including information regarding the securing
H. R. 1540—308 
and safeguarding of explosives, hazardous chemicals, or pipelines, 
related to critical infrastructure or protected systems owned or 
operated by or on behalf of the Department of Defense, including 
vulnerability assessments prepared by or on behalf of the Depart-
ment of Defense, explosives safety information (including storage 
and handling), and other site-specific information on or relating 
to installation security. 
‘‘(d) DELEGATION.—The Secretary of Defense may delegate the 
authority to make a determination under subsection (a) to the 
Director of Administration and Management. 
‘‘(e) TRANSPARENCY.—Each determination of the Secretary, or 
the Secretary’s designee, under subsection (a) shall be made in 
writing and accompanied by a statement of the basis for the deter-
mination. All such determinations and statements of basis shall 
be available to the public, upon request, through the Office of 
the Director of Administration and Management.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘130e. Treatment under Freedom of Information Act of certain critical infrastructure 
security information.’’. 
SEC. 1092. EXPANSION OF SCOPE OF HUMANITARIAN DEMINING 
ASSISTANCE 
PROGRAM 
TO 
INCLUDE 
STOCKPILED 
CONVENTIONAL MUNITIONS ASSISTANCE. 
(a) IN GENERAL.—Section 407 of title 10, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘and stockpiled 
conventional munitions assistance’’ after ‘‘humanitarian 
demining assistance’’; 
(B) in paragraph (2), by inserting ‘‘and stockpiled 
conventional munitions assistance’’ after ‘‘Humanitarian 
demining assistance’’; and 
(C) in paragraph (3)— 
(i) in the matter preceding subparagraph (A), by 
inserting ‘‘or stockpiled conventional munitions assist-
ance’’ after ‘‘humanitarian demining assistance’’; and 
(ii) in subparagraph (A), by inserting ‘‘, or stock-
piled conventional munitions, as applicable,’’ after 
‘‘explosive remnants of war’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘and stockpiled 
conventional munitions assistance’’ after ‘‘humanitarian 
demining assistance’’; and 
(B) in paragraph (2), by inserting ‘‘or stockpiled conven-
tional munitions assistance’’ after ‘‘humanitarian demining 
assistance’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘or stockpiled conven-
tional munitions assistance’’ after ‘‘humanitarian demining 
assistance’’; and 
(B) in paragraph (2)(B)— 
(i) by inserting ‘‘or stockpiled conventional muni-
tions activities’’ after ‘‘humanitarian demining activi-
ties’’; and
H. R. 1540—310 
SEC. 1094. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR 
ORGANIZATIONAL CLOTHING AND INDIVIDUAL EQUIP-
MENT. 
(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCU-
MENTS.—For fiscal year 2013 and each subsequent fiscal year, the 
Secretary of Defense shall submit to the President, for inclusion 
with the budget materials submitted to Congress under section 
1105(a) of title 31, United States Code, a budget justification display 
that covers all programs and activities associated with the procure-
ment of organizational clothing and individual equipment. 
(b) REQUIREMENTS FOR BUDGET DISPLAY.—The budget justifica-
tion display under subsection (a) for a fiscal year shall include 
the following: 
(1) The funding requirements in each budget activity and 
for each Armed Force for organizational clothing and individual 
equipment. 
(2) The amount in the budget for each of the Armed Forces 
for organizational clothing and equipment for that fiscal year. 
(c) DEFINITION.—In this section, the term ‘‘organizational 
clothing and individual equipment’’ means an item of organizational 
clothing or equipment prescribed for wear or use with the uniform. 
SEC. 1095. NATIONAL ROCKET PROPULSION STRATEGY. 
(a) SENSE OF THE CONGRESS.—It is the sense of Congress that 
the sustainment of the solid rocket motor and liquid rocket engine 
industrial base is a national challenge that spans multiple depart-
ments and agencies of the Federal Government and requires the 
attention of the President. 
(b) STRATEGY REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the President shall transmit 
to the appropriate congressional committees a national rocket 
propulsion strategy for the United States, including— 
(A) a description and assessment of the effects to pro-
grams of the Department of Defense and intelligence 
community that rely on the solid rocket motor and liquid 
rocket engine industrial base caused by the end of the 
Space Shuttle program and termination of the Constellation 
program; 
(B) a description of the plans of the President, the 
Secretary of Defense, the intelligence community, and the 
Administrator of the National Aeronautics and Space 
Administration to mitigate the impact of the end of the 
Space Shuttle program and termination of the Constellation 
program on the solid rocket motor and liquid rocket engine 
propulsion industrial base of the United States; 
(C) a consolidated plan that outlines key decision points 
for the current and next-generation mission requirements 
of the United States with respect to tactical and strategic 
missiles, missile defense interceptors, targets, and satellite 
and human spaceflight launch vehicles; 
(D) options and recommendations for synchronizing 
plans, programs, and budgets for research and develop-
ment, procurement, operations, and workforce among the 
appropriate departments and agencies of the Federal 
Government to strengthen the solid rocket motor and liquid
H. R. 1540—311 
rocket engine propulsion industrial base of the United 
States; and 
(E) any other relevant information the President con-
siders necessary. 
(2) LONG-TERM
ICBM
PLAN.—On the date on which the 
President submits to Congress the budget for fiscal year 2013 
under section 1105 of title 31, United States Code, the President 
shall transmit to the appropriate congressional committees a 
long-term plan for maintaining a minimal capacity to produce 
intercontinental ballistic missile solid rocket motors. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The Committees on Armed Services, Science, Space, 
and Technology, Appropriations, and the Permanent Select 
Committee on Intelligence of the House of Representatives. 
(2) The Committees on Armed Services, Commerce, Science, 
and Transportation, Appropriations, and the Select Committee 
on Intelligence of the Senate. 
SEC. 1096. GRANTS TO CERTAIN REGULATED COMPANIES FOR SPECI-
FIED ENERGY PROPERTY NOT SUBJECT TO NORMALIZA-
TION RULES. 
(a) IN GENERAL.—The first sentence of section 1603(f) of the 
American Recovery and Reinvestment Tax Act of 2009 is amended 
by inserting ‘‘(other than subsection (d)(2) thereof)’’ after ‘‘section 
50 of the Internal Revenue Code of 1986’’. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall take effect as if included in section 1603 of the American 
Recovery and Reinvestment Tax Act of 2009. 
SEC. 1097. UNMANNED AERIAL SYSTEMS AND NATIONAL AIRSPACE. 
(a) ESTABLISHMENT.—Not later than 180 days after the date 
of the enactment of this Act, the Administrator of the Federal 
Aviation Administration shall establish a program to integrate 
unmanned aircraft systems into the national airspace system at 
six test ranges. 
(b) PROGRAM REQUIREMENTS.—In establishing the program 
under subsection (a), the Administrator shall— 
(1) safely designate nonexclusionary airspace for integrated 
manned and unmanned flight operations in the national air-
space system; 
(2) develop certification standards and air traffic require-
ments for unmanned flight operations at test ranges; 
(3) coordinate with and leverage the resources of the 
Department of Defense and the National Aeronautics and Space 
Administration; 
(4) address both civil and public unmanned aircraft sys-
tems; 
(5) ensure that the program is coordinated with the Next 
Generation Air Transportation System; and 
(6) provide for verification of the safety of unmanned air-
craft systems and related navigation procedures before integra-
tion into the national airspace system. 
(c) LOCATIONS.—In determining the location of a test range 
for the program under subsection (a), the Administrator shall— 
(1) take into consideration geographic and climatic diver-
sity;
H. R. 1540—312 
(2) take into consideration the location of ground infrastruc-
ture and research needs; and 
(3) consult with the Department of Defense and the 
National Aeronautics and Space Administration. 
(d) TEST RANGE OPERATION.—A project at a test range shall 
be operational not later than 180 days after the date on which 
the project is established. 
(e) REPORT.—Not later than 90 days after the date of completing 
each of the pilot projects, the Administrator shall submit to the 
appropriate congressional committees a report setting forth the 
Administrator’s findings and conclusions concerning the projects 
that includes a description and assessment of the progress being 
made in establishing special use airspace to fill the immediate 
need of the Department of Defense to develop detection techniques 
for small unmanned aircraft systems and to validate sensor integra-
tion and operation of unmanned aircraft systems. 
(f) DURATION.—The program under subsection (a) shall termi-
nate on the date that is five years after the date of the enactment 
of this Act. 
(g) DEFINITION.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the Committee on Armed Services, the Committee 
on Transportation and Infrastructure, and the Committee 
on Science, Space, and Technology of the House of Rep-
resentatives; and 
(B) the Committee on Armed Services and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate. 
(2) The term ‘‘test range’’ means a defined geographic area 
where research and development are conducted. 
SEC. 1098. MODIFICATION OF DATES OF COMPTROLLER GENERAL OF 
THE UNITED STATES REVIEW OF EXECUTIVE AGREEMENT 
ON JOINT MEDICAL FACILITY DEMONSTRATION PROJECT, 
NORTH CHICAGO AND GREAT LAKES, ILLINOIS. 
Section 1701(e)(1) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2568) is amended 
by striking ‘‘and annually thereafter’’ and inserting ‘‘not later than 
two years after the execution of the executive agreement, and 
not later than September 30, 2015’’. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—Personnel 
Sec. 1101. Amendments to Department of Defense personnel authorities. 
Sec. 1102. Provisions relating to the Department of Defense performance manage-
ment system. 
Sec. 1103. Repeal of sunset provision relating to direct hire authority at demonstra-
tion laboratories. 
Sec. 1104. One-year extension of authority to waive annual limitation on premium 
pay and aggregate limitation on pay for Federal civilian employees 
working overseas. 
Sec. 1105. Waiver of certain pay limitations. 
Sec. 1106. Services of post-combat case coordinators. 
Sec. 1107. Authority to waive maximum-age limit for certain appointments. 
Sec. 1108. Sense of Congress relating to pay parity for Federal employees serving 
at certain remote military installations.
H. R. 1540—313 
Sec. 1109. Federal internship programs. 
Sec. 1110. Extension and expansion of experimental personnel program for sci-
entific and technical personnel. 
Sec. 1111. Authority of the Secretaries of the military departments to employ up 
to 10 persons without pay. 
Sec. 1112. Two-year extension of discretionary authority to grant allowances, bene-
fits, and gratuities to personnel on official duty in a combat zone. 
Subtitle B—Other Matters 
Sec. 1121. Modification of beneficiary designation authorities for death gratuity 
payable upon death of a United States Government employee in service 
with the Armed Forces. 
Sec. 1122. Authority for waiver of recovery of certain payments previously made 
under civilian employees voluntary separation incentive program. 
Sec. 1123. Extension of continued health benefits. 
Sec. 1124. Disclosure of senior mentors. 
Sec. 1125. Termination of Joint Safety Climate Assessment System. 
Subtitle A—Personnel 
SEC. 1101. AMENDMENTS TO DEPARTMENT OF DEFENSE PERSONNEL 
AUTHORITIES. 
(a) CAREER PATHS.—Section 9902(a)(1) of title 5, United States 
Code, is amended— 
(1) by redesignating subparagraph (D) as subparagraph 
(E); and 
(2) by inserting after subparagraph (C) the following: 
‘‘(D) Development of attractive career paths.’’. 
(b) APPOINTMENT FLEXIBILITIES.—Section 9902(b) of title 5, 
United States Code, is amended by adding at the end the following: 
‘‘(5) The Secretary shall develop a training program for Depart-
ment of Defense human resource professionals to implement the 
requirements of this subsection. 
‘‘(6) The Secretary shall develop indicators of effectiveness to 
determine whether appointment flexibilities under this subsection 
have achieved the objectives set forth in paragraph (1).’’. 
(c) ADDITIONAL REQUIREMENTS.—Section 9902(c) of title 5, 
United States Code, is amended— 
(1) by redesignating paragraphs (6) and (7) as paragraphs 
(8) and (9), respectively; and 
(2) by inserting after paragraph (5) the following: 
‘‘(6) provide mentors to advise individuals on their career 
paths and opportunities to advance and excel within their fields; 
‘‘(7) develop appropriate procedures for warnings during 
performance evaluations for employees who fail to meet 
performance standards;’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TECHNICAL AMENDMENT.—The heading for chapter 99 
of title 5, United States Code, is amended to read as follows: 
‘‘CHAPTER 99—DEPARTMENT OF DEFENSE PERSONNEL 
AUTHORITIES’’. 
(2) CONFORMING AMENDMENT.—The table of chapters for 
part III of title 5, United States Code, is amended by striking 
the item relating to chapter 99 and inserting the following: 
‘‘99. Department of Defense Personnel Authorities ............................................. 9901’’.