(8) Risk. 
(9) Such other matters as the Secretary deter-
mines are appropriate. 
(b) JUSTIFICATION.—A covered contract under the 
pilot program may not be awarded unless the contracting 
officer for the contract justifies in writing the reason for 
the award of the contract. 
(c) ANNUAL REPORT.—Not later than January 15 of 
each year the pilot program under this section is carried 
out, the Secretary of Defense shall submit to the congres-
sional defense committees an unclassified report containing 
each of the following: 
(1) A list of any covered contract awarded for 
private security functions in Afghanistan and Iraq 
under the pilot program. 
(2) A description of the matters that the Sec-
retary of Defense took into consideration, in addition 
to cost, in awarding each such contract. 
(3) Any additional information or recommenda-
tions the Secretary considers appropriate to include 
with respect to the pilot program, the contracts 
awarded under the pilot program, or the consider-
ations for evaluating such contracts. 
(d) TERMINATION OF PROGRAM.—The authority of the 
Secretary of Defense to carry out a pilot program under 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
this section terminates on September 30, 2013. The termi-
nation of the authority shall not affect the validity of con-
tracts that are awarded or modified during the period of 
the pilot program, without regard to whether the contracts 
are performed during the period. 
(e) DISCRETIONARY IMPLEMENTATION AFTER SEP-
TEMBER 30, 2013.—After September 30, 2013, implementa-
tion of a best value procurement standard in entering into 
contracts for the provision of private security functions in 
Afghanistan and Iraq shall be at the discretion of the Sec-
retary of Defense. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘best value’’ means providing the 
best overall benefit to the Government in accordance 
with the tradeoff process described in section 15.101- 
1 of title 48 of the Code of Federal Regulations. 
(2) The term ‘‘covered contract’’ means— 
(A) a contract of the Department of Defense 
for the performance of services; or 
(B) a task order or delivery order issued 
under such a contract. 
(3) The term ‘‘private security functions’’ means 
guarding, by a contractor under a covered contract, 
of personnel, facilities, or property of a Federal agen-
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
cy, the contractor, a subcontractor of a contractor, or 
a third party. 
SEC. 324. STANDARDS AND CERTIFICATION FOR PRIVATE 
SECURITY CONTRACTORS. 
(a) THIRD-PARTY
CERTIFICATION
POLICY
GUID-
ANCE.—Not later than 270 days after the date of the enact-
ment of this Act, the Secretary of Defense shall issue policy 
guidance requiring, as a condition for award of a covered 
contract for the provision of private security functions, that 
each contractor receive certification from a third party that 
the contractor adheres to specified operational and business 
practice standards. The guidance shall— 
(1) establish criteria for defining standard prac-
tices for the performance of private security functions, 
which shall reflect input from industry representa-
tives as well as the Inspector General of the Depart-
ment of Defense; 
(2) establish criteria for weapons training pro-
grams for contractors performing private security 
functions, including minimum requirements for 
weapons training programs of instruction and min-
imum qualifications for instructors for such pro-
grams; and 
(3) identify organizations that can carry out the 
certifications. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
(b) REGULATIONS REQUIRED.—Not later than 270 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall revise the Department of Defense 
supplement to the Federal Acquisition Regulation to carry 
out the requirements of this section and the guidance issued 
under this section. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered contract’’ means— 
(A) a contract of the Department of Defense 
for the performance of services; 
(B) a subcontract at any tier under such 
contract; 
(C) a task order or delivery order issued 
under such a contract or subcontract. 
(2) The term ‘‘contractor’’ means, with respect to 
a covered contract, the contractor or subcontractor 
carrying out the covered contract. 
(3) The term ‘‘private security functions’’ means 
activities engaged in by a contractor under a covered 
contract as follows: 
(A) Guarding of personnel, facilities, or 
property of a Federal agency, the contractor or 
subcontractor, or a third party. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
(B) Any other activity for which personnel 
are required to carry weapons in the perform-
ance of their duties. 
(d) 
EXCEPTION.—The requirements of this section 
shall not apply to contracts entered into by elements of the 
intelligence community in support of intelligence activities. 
SEC. 325. PROHIBITION ON ESTABLISHING GOALS OR 
QUOTAS FOR CONVERSION OF FUNCTIONS TO 
PERFORMANCE 
BY 
DEPARTMENT 
OF 
DE-
FENSE CIVILIAN EMPLOYEES. 
(a) PROHIBITION.—The Secretary of Defense may not 
establish, apply, or enforce any numerical goal, target, or 
quota for the conversion of Department of Defense function 
to performance by Department of Defense civilian employ-
ees, unless such goal, target, or quota is based on considered 
research and analysis, as required by section 235, 2330a, 
or 2463 of title 10, United States Code. 
(b) DECISIONS
TO INSOURCE.—In deciding which 
functions should be converted to performance by Depart-
ment of Defense civilian employees pursuant to section 2463 
of title 10, United States Code, the Secretary of Defense 
shall use the costing methodology outlined in the Directive- 
Type Memorandum 09-007 (Estimating and Comparing 
the Full Costs of Civilian and Military Manpower and Con-
tractor Support) or any successor guidance for the deter-
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
mination of costs when costs are the sole basis for the deci-
sion. The Secretary of a military department may issue 
supplemental guidance to assist in such decisions affecting 
functions of that military department. 
(c) REPORTS.— 
(1) REPORT TO CONGRESS.—Not later than De-
cember 31, 2010, the Secretary of Defense shall submit 
to the congressional defense committees a report on 
the decisions with respect to the conversion of func-
tions to performance by Department of Defense civil-
ian employees made during fiscal year 2010. Such re-
port shall identify, for each such decision— 
(A) the agency or service of the Department 
involved in the decision; 
(B) the basis and rationale for the decision; 
and 
(C) the number of contractor employees 
whose functions were converted to performance 
by Department of Defense civilian employees. 
(2) COMPTROLLER GENERAL REVIEW.—Not later 
than 120 days after the submittal of the report under 
paragraph (1), the Comptroller General of the United 
States shall submit to the congressional defense com-
mittees an assessment of the report. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
Subtitle D—Reports 
SEC. 331. REVISION TO REPORTING REQUIREMENT RELAT-
ING TO OPERATION AND FINANCIAL SUP-
PORT FOR MILITARY MUSEUMS. 
(a) CHANGE IN FREQUENCY OF REPORT.—Subsection 
(a) of section 489 of title 10, United States Code, is amend-
ed by striking ‘‘As part of’’ and all that follows through 
‘‘fiscal year—’’ and inserting the following: ‘‘As part of the 
budget materials submitted to Congress for every odd-num-
bered fiscal year, in connection with the submission of the 
budget for that fiscal year pursuant to section 1105 of title 
31, the Secretary of Defense shall submit to Congress a re-
port on military museums. In each such report, the Sec-
retary shall identify all military museums that, during the 
most recently completed two fiscal-year period—’’ 
(b) REPEAL OF REQUIRED REPORT ELEMENT.—Sub-
section (b) of such section is amended— 
(1) by striking paragraph (5); and 
(2) by redesignating paragraph (6) as para-
graph (5). 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
‘‘§ 489. Department of Defense operation and finan-
cial support for military museums: bien-
nial report’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 23 of such title is amend-
ed by striking the item relating to section 489 and in-
serting the following new item: 
‘‘489. Department of Defense operation and financial support for military muse-
ums: biennial report.’’. 
SEC. 332. ADDITIONAL REPORTING REQUIREMENTS RELAT-
ING TO CORROSION PREVENTION PROJECTS 
AND ACTIVITIES. 
Section 2228(e) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C), by striking ‘‘The’’ 
and inserting ‘‘For the fiscal year covered by the 
report and the preceding fiscal year, the’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(E) For the fiscal year covered by the report 
and the preceding fiscal year, the amount of funds re-
quested in the budget for each project or activity de-
scribed in subparagraph (E) compared to the funding 
requirements for the project or activity.’’; 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
(2) in paragraph (2)(B), by inserting before the 
period at the end the following: ‘‘, including the 
annex to the report described in paragraph (3)’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) Each report under this section shall include, in 
an annex to the report, a copy of the annual corrosion re-
port most recently submitted by the corrosion control and 
prevention executive of each military department under sec-
tion 903(b)(5) of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 (Public Law 110-417; 
122 Stat. 4567; 10 U.S.C. 2228 note).’’. 
SEC. 333. MODIFICATION AND REPEAL OF CERTAIN RE-
PORTING REQUIREMENTS. 
(a) MODIFICATION OF REPORT ON ARMY PROGRESS.— 
Section 323 of the John Warner National Defense Author-
ization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2146; 10 U.S.C. 229 note) is amended— 
(1) by striking subsection (c) and redesignating 
subsections (d) and (e) as subsections (c) and (d), re-
spectively; and 
(2) in subsection (d), as so redesignated, by 
striking ‘‘or (d)’’. 
(b) REPEAL OF REPORT ON DISPOSITION OF RESERVE 
EQUIPMENT.—Title III of the John Warner National De-
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
fense Authorization Act for Fiscal Year 2007 (Public Law 
109-364) is amended by striking section 349. 
(c) REPEAL OF REPORT ON READINESS OF GROUND 
FORCES.—Title III of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181) is amended 
by striking section 355. 
SEC. 334. REPORT ON AIR SOVEREIGNTY ALERT MISSION. 
(a) REPORT REQUIRED.—Not later than March 1, 
2011, the Commander of the United States Northern Com-
mand and the North American Aerospace Defense Com-
mand 
(hereinafter 
in 
this 
section 
referred 
to 
as 
‘‘NORTHCOM’’) shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Service 
of the House of Representatives a report on the Air Sov-
ereignty Alert (hereinafter in this section referred to as 
‘‘ASA’’) Mission and Operation Noble Eagle (hereinafter in 
this section referred to as ‘‘ONE’’). 
(b) CONSULTATION.—NORTHCOM shall consult with 
the Director of the National Guard Bureau who shall be 
authorized to review and provide independent analysis and 
comments on the report required under subsection (a). 
(c) CONTENTS
OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) An evaluation of the current ASA mission 
and ONE. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
(2) An evaluation of each of the following: 
(A) The current ability to perform the mis-
sion with regards to training, equipment, fund-
ing, and military construction. 
(B) Any current deficiencies in the mission. 
(C) Any changes in threats which would 
allow for any change in number of ASA sites or 
force structure required to support the ASA mis-
sion. 
(D) Future ability to perform the ASA mis-
sion with current and programmed equipment. 
(E) Coverage of units with respect to— 
(i) population centers covered; 
(ii) targets of value covered, including 
symbolic 
(national 
monuments, 
sports 
venue, and centers of commerce), critical in-
frastructure (nuclear plants, dams, bridges, 
and telecommunication nodes) and national 
security (military bases and organs of gov-
ernment); and 
(iii) an unclassified, notional area of 
responsibility conforming to the unclassified 
response time of unit represented graphi-
cally on a map and detailing total popu-
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
lation covered and number of targets de-
scribed in clause (ii). 
(3) Status of implementation of the recommenda-
tions made in the Government Accountability Office 
Report entitled ‘‘Actions Needed to Improve Manage-
ment of Air Sovereignty Alert Operations to Protect 
U.S. Airspace’’ (GAO-09-184). 
(d) MEANS OF DELIVERY OF REPORT.—The report re-
quired by subsection (a) shall be unclassified, and 
NORTHCOM shall brief the Committees on Armed Services 
of the Senate and House of Representatives at the appro-
priate classification level. 
SEC. 335. REPORT ON THE SEAD/DEAD MISSION REQUIRE-
MENT FOR THE AIR FORCE. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of the Air Force shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Service 
of the House of Representatives a report describing the feasi-
bility and desirability of designating the Suppression of 
Enemy Air Defenses/Destruction of Enemy Air Defenses 
(hereinafter in this section referred to as ‘‘SEAD/DEAD’’) 
mission as a responsibility of the Air National Guard . 
(b) CONTENTS
OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
(1) An evaluation of the SEAD/DEAD mission, 
as in effect on the date of the enactment of this Act. 
(2) An evaluation of the following with respect to 
the SEAD/DEAD mission: 
(A) The current ability of the Air National 
Guard to perform the mission with regards to 
training, equipment, funding, and military con-
struction. 
(B) Any current deficiencies of the Air Na-
tional Guard to perform the mission. 
(C) The corrective actions and costs re-
quired to address any deficiencies described in 
subparagraph (B). 
(D) The need for SEAD/DEAD ranges to be 
constructed on existing ranges operated, con-
trolled, or used by Air National Guard units 
based on geographic considerations of proximity 
and utility. 
(c) CONSULTATION.—The Secretary of the Air Force 
shall consult with the Director of the National Guard Bu-
reau who shall be authorized to review and provide inde-
pendent analysis and comments on the report required 
under subsection (a). 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
100 
Subtitle E—Limitations and 
Extensions of Authority 
SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE 
LANDING FEES CHARGED FOR USE OF DO-
MESTIC MILITARY AIRFIELDS BY CIVIL AIR-
CRAFT. 
(a) IN GENERAL.—Chapter 159 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 2697. Acceptance and use of landing fees charged 
for use of domestic military airfields by 
civil aircraft. 
‘‘(a) AUTHORITY.—The Secretary of a military de-
partment may impose landing fees for the use by civil air-
craft of domestic military airfields under the jurisdiction 
of that Secretary and may use any fees received under this 
section as a source of funding for the operation and mainte-
nance of airfields of that department. 
‘‘(b) UNIFORM LANDING FEES.—The Secretary of De-
fense shall prescribe the amount of the landing fees that may 
be imposed under this section. Such fees shall be uniform 
among the military departments. 
‘‘(c) USE OF PROCEEDS.—Amounts received for a fis-
cal year in payment of landing fees imposed under this sec-
tion for the use of a military airfield shall be credited to 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
101 
the appropriation that is available for that fiscal year for 
the operation and maintenance of that military airfield, 
shall be merged with amounts in the appropriation to which 
credited, and shall be available for that military airfield 
for the same period and purposes as the appropriation is 
available.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘2697. Acceptance and use of landing fees charged for use of domestic military 
airfields by civil aircraft.’’. 
SEC. 342. IMPROVEMENT AND EXTENSION OF ARSENAL 
SUPPORT PROGRAM INITIATIVE. 
(a) IMPROVEMENT.— 
(1) IN GENERAL.—Section 343 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal 
Year 2001 (Public Law 106-398; 10 U.S.C. 4551 
note) is amended— 
(A) in subsection (b), by striking para-
graphs (3) and (4) and redesignating para-
graphs (5) through (11) as paragraphs (3) 
through (9), respectively; 
(B) by striking subsection (d) and redesig-
nating subsections (e), (f), and (g) as subsections 
(d), (e), and (f), respectively. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
102 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
(b) PRIORITIZATION OF PROGRAM PURPOSES.—The 
Secretary of the Army shall— 
(1) prioritize the purposes of the Arsenal Sup-
port Program Initiative under section 343(b) of the 
Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (Public Law 106-398; U.S.C. 
4551 note), as amended by subsection (a)(1)(A); and 
(2) issue guidance to the appropriate commands 
reflecting such priorities. 
(c) EXTENSION.— 
(1) IN GENERAL.—Such section, as amended by 
subsection (a)(1) of this section, is further amended— 
(A) in subsection (a), by striking ‘‘2010’’ 
and inserting ‘‘2012’’; and 
(B) in paragraph (1) of subsection (f), as 
redesignated by subsection (a)(1)(B) of this sec-
tion, by striking ‘‘2010’’ and inserting ‘‘2012’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
submittal of the report required under subsection (d). 
(d) REPORT REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of the 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
103 
Army shall submit to Congress a report on the Arsenal Sup-
port Program Initiative that includes— 
(1) the Secretary’s determination with respect to 
the Army’s highest priorities from among the pur-
poses of the Arsenal Support Program Initiative 
under section 343(b) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (Pub-
lic Law 106-398; U.S.C. 4551 note), as amended by 
subsection (a)(1)(A), reflecting the Secretary’s overall 
strategy to achieve desired results; 
(2) performance goals for the Arsenal Support 
Program Initiative; and 
(3) outcome-focused performance measures to as-
sess the progress the Army has made toward address-
ing the purposes of the Arsenal Support Program Ini-
tiative. 
SEC. 343. EXTENSION OF AUTHORITY TO REIMBURSE EX-
PENSES FOR CERTAIN NAVY MESS OPER-
ATIONS. 
Section 1014(b) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110-417; 122 Stat. 4585) is amended by striking ‘‘Sep-
tember 30, 2010’’ and inserting ‘‘September 30, 2012’’. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
104 
SEC. 344. LIMITATION ON OBLIGATION OF FUNDS FOR THE 
ARMY HUMAN TERRAIN SYSTEM. 
(a) LIMITATION.—Of the amounts authorized to be ap-
propriated for the Human Terrain System (hereinafter in 
this section referred to as the ‘‘HTS’’) that are described 
in subsection (b), not more than 50 percent of the amounts 
remaining unobligated as of the date of enactment of this 
Act may be obligated until the Secretary of the Army sub-
mits to the congressional defense committees each of the fol-
lowing: 
(1) The independent assessment of the HTS 
called for in the report of the Committee on Armed 
Services of the House of Representatives accom-
panying the National Defense Authorization Act for 
Fiscal Year 2010 (H. Rept. 111-166). 
(2) A validation of all HTS requirements, in-
cluding any prior joint urgent operations needs state-
ments. 
(3) A certification that policies, procedures, and 
guidance are in place to protect the integrity of social 
science researchers participating in HTS, including 
ethical guidelines and human studies research proce-
dures. 
(b) COVERED
AUTHORIZATIONS
OR
APPROPRIA-
TIONS.—The amounts authorized to be appropriated de-
scribed in this subsection are amounts authorized to be ap-
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
105 
propriated for fiscal year 2011, including such amounts au-
thorized to be appropriated for oversees contingency oper-
ations, for— 
(1) Operation and maintenance for HTS; 
(2) Procurement for Mapping the Human Ter-
rain hardware and software; and 
(3) Research, development, test, and evaluation 
for Mapping the Human Terrain hardware and soft-
ware. 
SEC. 345. LIMITATION ON OBLIGATION OF FUNDS PENDING 
SUBMISSION OF CLASSIFIED JUSTIFICATION 
MATERIAL. 
Of the amounts authorized to be appropriated in this 
title for fiscal year 2011 for the Office of the Secretary of 
Defense for budget activity four, line 270, not more than 
90 percent may be obligated until 15 days after the infor-
mation cited in the classified annex accompanying this Act 
relating to the provision of classified justification material 
to Congress is provided to the congressional defense commit-
tees. 
SEC. 346. LIMITATION ON RETIREMENT OF C-130 AIRCRAFT 
FROM AIR FORCE INVENTORY. 
The Secretary of the Air Force may not take any ac-
tion to retire any C-130 aircraft from the inventory of the 
Air Force until 30 days after the date on which the Sec-
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
106 
retary submits to the congressional defense committees a 
written agreement between the Director of the Air National 
Guard, the Commander of Air Force Reserve Command, 
and the Chief of Staff of the Air Force. The agreement shall 
specify the following: 
(1) The number of and type of C-130 aircraft to 
be transferred, on a temporary basis, from the Air 
National Guard to the Air Force. 
(2) The schedule by which any C-130 aircraft 
transferred to the Air Force will be returned to the 
Air National Guard. 
(3) A description of the condition, including the 
estimated remaining service life, in which the C-130 
aircraft will be returned to the Air National Guard 
following the period during which the aircraft are on 
loan to the Air Force. 
(4) A description of the allocation of resources, 
including the designation of responsibility for funding 
aircraft operations and maintenance, in fiscal year 
2011, and detailed description of budgetary respon-
sibilities through the remaining period the aircraft 
are on loan to the Air Force. 
(5) The designation of responsibility for funding 
depot maintenance requirements or modifications to 
the aircraft during the period the aircraft are on loan 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
107 
with the Air Force, or otherwise generated as a result 
of transfer. 
(6) The locations from which the C-130 aircraft 
will be transferred. 
(7) The manpower planning and certification 
that such a transfer will not result in manpower au-
thorization reductions or resourcing at the Air Na-
tional Guard facilities identified in paragraph (6). 
(8) The manner by which Air National Guard 
personnel affected by the transfer will maintain their 
skills and proficiencies in order to preserve readiness 
at the affected units. 
(9) Any other items the Director of the Air Na-
tional Guard or the Commander of Air Force Reserve 
Command determine are necessary in order to ensure 
such a transfer will not negatively impact the ability 
of the Air National Guard and Air Force Reserve to 
accomplish their respective missions. 
SEC. 347. COMMERCIAL SALE OF SMALL ARMS AMMUNITION 
IN EXCESS OF MILITARY REQUIREMENTS. 
(a) COMMERCIAL SALE OF SMALL ARMS AMMUNI-
TION.—Small arms ammunition and ammunition compo-
nents in excess of military requirements, including fired 
cartridge cases, which is not otherwise prohibited from com-
mercial sale or certified by the Secretary of Defense as un-
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
108 
serviceable or unsafe, may not be demilitarized or destroyed 
and shall be made available for commercial sale. 
(b) DEADLINE FOR GUIDANCE.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall issue guidance to ensure compliance 
with subsection (a). Not later than 15 days after issuing 
such guidance, the Secretary shall submit to the congres-
sional defense committees a letter of compliance providing 
notice of such guidance. 
SEC. 348. LIMITATION ON AIR FORCE FISCAL YEAR 2011 
FORCE STRUCTURE ANNOUNCEMENT IMPLE-
MENTATION. 
None of the amounts authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2011 
may be obligated or expended for the purpose of imple-
menting the Air Force fiscal year 2011 Force Structure An-
nouncement until 45 days after— 
(1) the Secretary of the Air Force provides a de-
tailed report to the Committees on Armed Services of 
the Senate and House of Representatives on the fol-
low-on missions for bases affected by the 2010 Combat 
Air Forces restructure; and 
(2) the Secretary of the Air Force certifies to the 
Committees on Armed Services of the Senate and 
House of Representatives that the Air Sovereignty 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
109 
Alert Mission will be fully resourced with required 
funding, personnel, and aircraft. 
Subtitle F—Other Matters 
SEC. 351. EXPEDITED PROCESSING OF BACKGROUND IN-
VESTIGATIONS FOR CERTAIN INDIVIDUALS. 
(a) EXPEDITED PROCESSING OF SECURITY CLEAR-
ANCES.—Section 1564 of title 10, United States Code, is 
amended— 
(1) by striking subsection (a) and inserting the 
following new subsection (a): 
‘‘(a) EXPEDITED PROCESS.—The Secretary of Defense 
may prescribe a process for expediting the completion of 
the background investigations necessary for granting secu-
rity clearances for— 
‘‘(1) Department of Defense personnel and De-
partment of Defense contractor personnel who are en-
gaged in sensitive duties that are critical to the na-
tional security; and 
‘‘(2) any individual who submits an application 
for a position as an employee of the Department of 
Defense for which a security clearance is required who 
is a member of the armed forces who was retired or 
separated for physical disability pursuant to chapter 
61 of this title.’’; and 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
110 
(2) by adding at the end the following new sub-
section: 
‘‘(f) USE OF APPROPRIATED FUNDS.—The Secretary 
of Defense may use funds authorized to be appropriated to 
the Department of Defense for operation and maintenance 
to conduct background investigations under this section for 
individuals described in subsection (a)(2).’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to a background inves-
tigation conducted after the date of the enactment of this 
Act. 
SEC. 352. ADOPTION OF MILITARY WORKING DOGS BY FAM-
ILY MEMBERS OF DECEASED OR SERIOUSLY 
WOUNDED MEMBERS OF THE ARMED FORCES 
WHO WERE HANDLERS OF THE DOGS. 
Section 2583(c) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Military animals’’; 
and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) For purposes of making a determination under 
subsection (a)(2), unusual or extraordinary circumstances 
may include situations in which the handler of a military 
working dog is a member of the armed forces who is killed 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
111 
in action, dies of wounds received in action, or is so seri-
ously wounded in action that the member will (or most like-
ly will) receive a medical discharge. If the Secretary of the 
military department concerned determines that an adop-
tion is justified in such a situation, the military working 
dog shall be made available for adoption only by the imme-
diate family of the member.’’. 
SEC. 353. REVISION TO AUTHORITIES RELATING TO TRANS-
PORTATION OF CIVILIAN PASSENGERS AND 
COMMERCIAL CARGOES BY DEPARTMENT OF 
DEFENSE WHEN SPACE UNAVAILABLE ON 
COMMERCIAL LINES. 
(a) TRANSPORTATION ON DOD VEHICLES AND AIR-
CRAFT.—Subsection (a) of section 2649 of title 10, United 
States Code, is amended— 
(1) by inserting ‘‘AUTHORITY.—’’ before ‘‘When-
ever’’; and 
(2) by inserting ‘‘, vehicles, or aircraft’’ in the 
first sentence after ‘‘vessels’’ both places it appears. 
(b) AMOUNTS CHARGED
FOR TRANSPORTATION
IN 
EMERGENCY, DISASTER, OR HUMANITARIAN RESPONSE 
CASES.— 
(1) LIMITATION
ON
AMOUNTS
CHARGED.—The 
second sentence of subsection (a) of such section is 
amended by inserting before the period the following: 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
112 
‘‘, except that in the case of transportation provided 
in response to an emergency, a disaster, or a request 
for humanitarian assistance, any amount charged for 
such transportation may not exceed the cost of pro-
viding the transportation’’. 
(2) CREDITING OF RECEIPTS.—Subsection (b) of 
such section is amended by striking ‘‘Amounts’’ and 
inserting ‘‘CREDITING OF RECEIPTS.—Any amount 
received under this section with respect to transpor-
tation provided in response to an emergency, a dis-
aster, or a request for humanitarian assistance may 
be credited to the appropriation, fund, or account 
used in incurring the obligation for which such 
amount is received. In all other cases, amounts’’. 
(c) TRANSPORTATION DURING CONTINGENCIES
OR 
DISASTER RESPONSES.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(c) TRANSPORTATION OF ALLIED PERSONNEL DUR-
ING CONTINGENCIES OR DISASTER RESPONSES.—(1) Dur-
ing the five-year period beginning on the date of the enact-
ment of the National Defense Authorization Act for Fiscal 
Year 2011, when space is available on vessels, vehicles, or 
aircraft operated by the Department of Defense and the Sec-
retary of Defense determines that operations in the area of 
a contingency operation or disaster response would be fa-
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
113 
cilitated if allied forces or civilians were to be transported 
using such vessels, vehicles, or aircraft, the Secretary may 
provide such transportation on a noninterference basis, 
without charge. 
‘‘(2) Not later than March 1 of each year following 
a year in which the Secretary provides transportation 
under paragraph (1), the Secretary shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives a report describing, in detail, the transpor-
tation so provided during that year. Each such report shall 
include a description of each of the following: 
‘‘(A) How the authority under paragraph (1) 
was used during the year covered by the report. 
‘‘(B) The frequency with which such authority 
was used during that year. 
‘‘(C) The rationale of the Secretary for each such 
use of the authority. 
‘‘(D) The total cost of the transportation pro-
vided under paragraph (1) during that year. 
‘‘(E) The appropriation, fund, or account cred-
ited and the total amount received as a result of pro-
viding transportation under paragraph (1) during 
that year.’’. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
114 
(d) CONFORMING AMENDMENT.—Section 2648 of such 
title is amended by inserting ‘‘, vehicles, or aircraft’’ after 
‘‘vessels’’ in the matter preceding paragraph (1). 
(e) TECHNICAL AMENDMENTS.— 
(1) The heading of section 2648 of such title is 
amended to read as follows: 
‘‘§ 2648. Persons and supplies: sea, land, and air 
transportation’’. 
(2) The heading of section 2649 of such title is 
amended to read as follows: 
‘‘§ 2649. Civilian passengers and commercial cargoes: 
transportation on Department of Defense 
vessels, vehicles, and aircraft’’. 
(f) CLERICAL AMENDMENTS.—The table of sections at 
the beginning of chapter 157 of such title is amended by 
striking the items relating to sections 2648 and 2649 and 
inserting the following new items: 
‘‘2648. Persons and supplies: sea, land, and air transportation. 
‘‘2649. Civilian passengers and commercial cargoes: transportation on Depart-
ment of Defense vessels, vehicles, and aircraft.’’. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6213
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
115 
SEC. 354. TECHNICAL CORRECTION TO OBSOLETE REF-
ERENCE RELATING TO USE OF FLEXIBLE HIR-
ING AUTHORITY TO FACILITATE PERFORM-
ANCE OF CERTAIN DEPARTMENT OF DEFENSE 
FUNCTIONS BY CIVILIAN EMPLOYEES. 
2463(d)(1) of title 10, United States Code, is amended 
by striking ‘‘under the National Security Personnel System, 
as established’’. 
SEC. 355. INVENTORY AND STUDY OF BUDGET MODELING 
AND SIMULATION TOOLS. 
(a) INVENTORY.— 
(1) INVENTORY
REQUIRED.—The Comptroller 
General of the United States shall perform an inven-
tory of all modeling and simulation tools used by the 
Department of Defense to develop and analyze the De-
partment’s annual budget submission and to support 
decision making inside the budget process. In car-
rying out the inventory, the Comptroller General shall 
identify the purpose, scope, and levels of validation, 
verification, and accreditation of each such model and 
simulation. 
(2) REPORT.—Not later than December 1, 2010, 
the Comptroller General shall submit to Committees 
on Armed Services of the Senate and House of Rep-
resentatives and the Secretary of Defense a report on 
the inventory under paragraph (1) and the findings 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
116 
of the Comptroller General in carrying out the inven-
tory. 
(b) STUDY.— 
(1) STUDY REQUIRED.—By not later than Janu-
ary 15, 2011, the Secretary of Defense shall seek to 
enter into a contract with a federally funded research 
and development center to carry out a study exam-
ining the requirements for and capabilities of mod-
eling and simulation tools used by the Department of 
Defense to support the annual budget process. A con-
tract entered into under this paragraph shall specify 
that in carrying out the study, the center shall— 
(A) use the inventory performed by the 
Comptroller General under subsection (a) as a 
baseline; 
(B) examine the efficacy and sufficiency of 
the modeling and simulation tools used by the 
Department of Defense to support the develop-
ment, analysis, and decision-making associated 
with the construction and validation of require-
ments used as a basis for the annual budget 
process of the Department; 
(C) examine the requirements and any ca-
pability gaps with respect to such modeling and 
simulation tools; 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
117 
(D) provide recommendations as to how the 
Department should best address the requirements 
and fill the capabilities gaps identified under 
subparagraph (C); 
(E) identify annual investment levels in 
modeling and simulation tools and certifications 
required to achieve a high degree of confidence in 
the relationship between the Department’s mis-
sion effectiveness and the budget materials sub-
mitted to the President by the Secretary of De-
fense in connection with the submission to Con-
gress, pursuant to section 1105 of title 31, 
United States Code, of the budget for a fiscal 
year; 
(F) examine the verification, validation, 
and accreditation requirements for each of the 
military services and provide recommendations 
with respect to establishing uniform standards 
for such requirements across all of the military 
services; and 
(G) recommend improvements to enhance 
the confidence, efficacy, and sufficiency of the 
modeling and simulation tools used by the De-
partment of Defense in the development of the 
annual budget. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
118 
(2) REPORT.—Not later than January 1, 2012, 
the chief executive officer of the center that carries out 
the study pursuant to a contract under paragraph (1) 
shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a report on 
the findings of the study. 
SEC. 356. SENSE OF CONGRESS REGARDING CONTINUED 
IMPORTANCE OF HIGH-ALTITUDE AVIATION 
TRAINING SITE, COLORADO. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The High-Altitude Aviation Training Site in 
Gypsum, Colorado, is the only Department of Defense 
aviation school that provides an opportunity for 
rotor-wing military pilots to train in high-altitude, 
mountainous terrain, under full gross weight and 
power management operations. 
(2) The High-Altitude Aviation Training Site is 
operated by the Colorado Army National Guard and 
is available to pilots of all branches of the Armed 
Forces and to pilots of allied countries. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the High-Altitude Army Aviation Training 
Site continues to be critically important to ensuring 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
119 
the readiness and capabilities of rotor-wing military 
pilots; and 
(2) the Department of Defense should take all 
appropriate actions to prevent encroachment on the 
High-Altitude Army Aviation Training Site. 
SEC. 357. DEPARTMENT OF DEFENSE STUDY ON SIMULATED 
TACTICAL FLIGHT TRAINING IN A SUSTAINED 
G ENVIRONMENT. 
(a) STUDY REQUIRED.—The Secretary of Defense shall 
conduct a study on the effectiveness of simulated tactical 
flight training in a sustained g environment. In conducting 
the study, the Secretary shall include all relevant factors, 
including each of the following: 
(1) Training effectiveness. 
(2) Cost reductions. 
(3) Safety. 
(4) Research benefits. 
(5) Carbon emissions reduction. 
(6) Lifecycles of training aircraft. 
(b) DEADLINE FOR COMPLETION.—The study required 
by subsection (a) shall be completed not later than 18 
months after the date of the enactment of this Act. 
(c) SUBMISSION TO CONGRESS.—Upon completion of 
the study required by subsection (a), the Secretary shall 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
120 
submit the results of the study to the congressional defense 
committees. 
SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF 
OBSTRUCTIONS 
ON 
MILITARY 
INSTALLA-
TIONS AND OPERATIONS. 
(a) DESIGNATION OF DEPARTMENT ORGANIZATION.— 
Not later than 60 days after the date of the enactment of 
this Act, the Secretary of Defense shall designate a single 
organization within the Department of Defense to— 
(1) serve as the executive agent to carry out the 
study required by subsection (b); 
(2) serve as a clearinghouse to review applica-
tions filed with the Secretary of Transportation pur-
suant to section 44718 of title 49, United States Code, 
and received by the Department of Defense from the 
Secretary of Transportation; and 
(3) accelerate the development of planning tools 
to provide preliminary notice as to the acceptability 
to the Department of Defense of proposals included in 
an application submitted pursuant to such section. 
(b) MILITARY INSTALLATIONS AND OPERATIONS IM-
PACT STUDY.— 
(1) STUDY REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall carry out a study to identify 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
121 
any areas where military installations and military 
operations, including the use of air navigation facili-
ties, navigable airspace, military training routes, and 
air defense radars, could be affected by any proposed 
construction, alteration, establishment, or expansion 
of a structure described in section 44718 of title 49, 
United States Code. 
(2) MILITARY MISSION IMPACT ZONES.—The Sec-
retary of Defense shall publish a notice of the areas 
identified pursuant to the study under paragraph (1). 
Such areas shall be known as ‘‘military mission im-
pact zones’’. 
(c) EFFECT OF DEPARTMENT OF DEFENSE HAZARD 
ASSESSMENT.—A notice under subsection (a)(3) or (b)(2) 
shall not be considered to be a substitute for any assessment 
required by the Secretary of Transportation under section 
44718 of title 49, United States Code. 
(d) SAVINGS PROVISION.—Nothing in this section shall 
be construed to affect or limit the application of, or any 
obligation to comply with, any environmental law, includ-
ing the National Environmental Policy Act (42 U.S.C. 
4321 et seq.). 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘military training route’’ means a 
training route developed as part of the Military 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
122 
Training Route Program, carried out jointly by the 
Federal Aviation Administration and the Secretary 
Defense, for use by the Armed Forces for the purpose 
of conducting low-altitude, high-speed military train-
ing. 
(2) The term ‘‘high value military training 
route’’ means a military training route that is in the 
highest quartile of military training routes used by 
the Department of Defense with respect to frequency 
of use. 
(3) The term ‘‘military installation’’ has the 
meaning given that term in section 2801(c)(4) of title 
10, United States Code. 
(4) The term ‘‘military operation’’ means mili-
tary navigable airspace, including high value mili-
tary training routes, air defense radars, special use 
airspace, warning areas, and other military related 
systems. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2011, as follows: 
(1) The Army, 569,400. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
123 
(2) The Navy, 328,700. 
(3) The Marine Corps, 202,100. 
(4) The Air Force, 332,200. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (4) and insert-
ing the following new paragraphs: 
‘‘(1) For the Army, 547,400. 
‘‘(2) For the Navy, 324,300. 
‘‘(3) For the Marine Corps, 202,100. 
‘‘(4) For the Air Force, 332,200.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2011, as follows: 
(1) The Army National Guard of the United 
States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 65,500. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 106,700. 
(6) The Air Force Reserve, 71,200. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
124 
(7) The Coast Guard Reserve, 10,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths 
prescribed by subsection (a) for the Selected Reserve of any 
reserve component shall be proportionately reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such 
component which are on active duty (other than for 
training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be in-
creased proportionately by the total authorized strengths of 
such units and by the total number of such individual mem-
bers. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
125 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), 
the reserve components of the Armed Forces are authorized, 
as of September 30, 2011, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in 
the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 10,688. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 14,584. 
(6) The Air Force Reserve, 2,992. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2011 for the reserve 
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army Reserve, 8,395. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
126 
(2) For the Army National Guard of the United 
States, 27,210. 
(3) For the Air Force Reserve, 10,720. 
(4) For the Air National Guard of the United 
States, 22,394. 
SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL
GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2011, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 2,520. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2011, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2011, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
127 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
(c) CONFORMING AMENDMENT TO ANNUAL LIMITATION 
ON NON-DUAL STATUS TECHNICIANS FOR THE ARMY NA-
TIONAL GUARD.—Section 10217(c)(2) of title 10, United 
States Code, is amended by striking ‘‘1,950’’ and inserting 
‘‘2,870’’. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2011, the maximum number of 
members of the reserve components of the Armed Forces who 
may be serving at any time on full-time operational sup-
port duty under section 115(b) of title 10, United States 
Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
128 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
hereby authorized to be appropriated to the Department of 
Defense for military personnel for fiscal year 2011 a total 
of $138,540,700,000. 
(b) CONSTRUCTION OF AUTHORIZATION.—The author-
ization of appropriations in subsection (a) supersedes any 
other authorization of appropriations (definite or indefi-
nite) for such purpose for fiscal year 2011. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Generally 
SEC. 501. AGE FOR HEALTH CARE PROFESSIONAL APPOINT-
MENTS AND MANDATORY RETIREMENTS. 
(a) AGE FOR ORIGINAL APPOINTMENT AS A HEALTH 
PROFESSIONS OFFICER.—Section 532(d)(2) of title 10, 
United States Code, is amended by striking ‘‘reserve’’. 
(b) ADDITIONAL CATEGORIES OF OFFICERS ELIGIBLE 
FOR DEFERRAL OF MANDATORY RETIREMENT FOR AGE.— 
Section 1251(b) of such title is amended— 
(1) in paragraph (1), by striking ‘‘the officer 
will be performing duties consisting primarily of pro-
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
129 
viding patient care or performing other clinical du-
ties.’’ and inserting ‘‘the officer— 
‘‘(A) will be performing duties consisting pri-
marily of providing patient care or performing other 
clinical duties; or 
‘‘(B) is in a category of officers designated under 
subparagraph (D) of paragraph (2) whose duties will 
consist primarily of the duties described in clause (i), 
(ii), or (iii) of such subparagraph.’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (B); 
(B) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) an officer in a category of officers des-
ignated by the Secretary concerned for the purposes of 
this paragraph as consisting of officers whose duties 
consist primarily of— 
‘‘(i) providing health care; 
‘‘(ii) performing other clinical care; or 
‘‘(iii) performing health-care related admin-
istrative duties.’’. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
130 
SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OF-
FICERS IN THE GRADE OF W-1 BY COMMIS-
SION AND STANDARDIZATION OF WARRANT 
OFFICER APPOINTING AUTHORITY. 
(a) REGULAR OFFICERS.— 
(1) AUTHORITY FOR APPOINTMENTS BY COMMIS-
SION IN WARRANT OFFICER W-1 GRADE.—The first 
sentence of section 571(b) of title 10, United States 
Code, is amended by striking ‘‘by the Secretary con-
cerned’’ and inserting ‘‘, except that, with respect to 
an armed force under the jurisdiction of the Secretary 
of a military department, the Secretary may provide 
by regulation that appointments in that grade shall 
be made by commission’’. 
(2) APPOINTING
AUTHORITY.—The second sen-
tence of section 571(b) of such title is amended by in-
serting before the period at the end the following: ‘‘, 
and appointments in the grade of regular warrant of-
ficer, W-1 (whether by warrant or commission), shall 
be made by the President, except that appointments 
in that grade in the Coast Guard shall be made by 
the Secretary of Homeland Security when it is not 
operating as a service in the Department of the 
Navy’’. 
(b) RESERVE OFFICERS.—Subsection (b) of section 
12241 of such title is amended to read as follows: 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
131 
‘‘(b) Appointments in permanent reserve warrant offi-
cer grades shall be made in the same manner as is pre-
scribed for regular warrant officer grades by section 571(b) 
of this title.’’. 
(c) PRESIDENTIAL FUNCTIONS.—Except as otherwise 
provided by the President by Executive order, the provisions 
of Executive Order 13384 (10 U.S.C. 531 note) relating to 
the functions of the President under the second sentence of 
section 571(b) of title 10, United States Code, shall apply 
in the same manner to the functions of the President under 
section 12241(b) of title 10, United States Code. 
SEC. 503. NONDISCLOSURE OF INFORMATION FROM DIS-
CUSSIONS, 
DELIBERATIONS, 
NOTES, 
AND 
RECORDS OF SPECIAL SELECTION BOARDS. 
(a) NONDISCLOSURE OF BOARD PROCEEDINGS.—Sec-
tion 613a of title 10, United States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) PROHIBITION ON DISCLOSURE.—The proceedings 
of a selection board convened under section 573, 611, or 628 
of this title may not be disclosed to any person not a mem-
ber of the board, except as authorized or required to process 
the report of the board. This prohibition is a statutory ex-
emption from disclosure, as described in section 552(b)(3) 
of title 5.’’; 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
132 
(2) 
in 
subsection 
(b), 
by 
striking 
‘‘AND 
RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) APPLICABILITY.—This section applies to all selec-
tion boards convened under section 573, 611, or 628 of this 
title, regardless of the date on which the board was con-
vened.’’. 
(b) REPORTS OF BOARDS.—Section 628(c)(2) of such 
title is amended by striking ‘‘sections 576(d) and 576(f)’’ 
and inserting ‘‘sections 576(d), 576(f), and 613a’’. 
(c) RESERVE BOARDS.—Section 14104 of such title is 
amended— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) PROHIBITION ON DISCLOSURE.—The proceedings 
of a selection board convened under section 14101 or 14502 
of this title may not be disclosed to any person not a mem-
ber of the board, except as authorized or required to process 
the report of the board. This prohibition is a statutory ex-
emption from disclosure, as described in section 552(b)(3) 
of title 5.’’; 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
133 
(2) 
in 
subsection 
(b), 
by 
striking 
‘‘AND 
RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) APPLICABILITY.—This section applies to all selec-
tion boards convened under section 14101 or 14502 of this 
title, regardless of the date on which the board was con-
vened.’’. 
SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM 
LIST OF OFFICERS RECOMMENDED FOR PRO-
MOTION. 
(a) ACTIVE-DUTY LIST.—Section 629 of title 10, 
United States Code, is amended— 
(1) by redesignating subsection (d) as subsection 
(e); and 
(2) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) ADMINISTRATIVE REMOVAL.—If an officer on the 
active-duty list is discharged or dropped from the rolls, 
transferred to a retired status, or found to have been erro-
neously included in a zone of consideration, after having 
been recommended for promotion to a higher grade under 
this chapter, but before being promoted, the officer shall be 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
134 
administratively removed from the promotion list under 
regulations prescribed by the Secretary concerned.’’. 
(b) RESERVE ACTIVE-STATUS LIST.—Section 14310 of 
such title is amended— 
(1) by redesignating subsection (d) as subsection 
(e); and 
(2) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) ADMINISTRATIVE REMOVAL.—If an officer on the 
reserve active-status list is discharged or dropped from the 
rolls, transferred to a retired status, or found to have been 
erroneously included in a zone of consideration, after hav-
ing been recommended for promotion to a higher grade 
under this chapter or after having been found qualified for 
Federal recognition in the higher grade under title 32, but 
before being promoted, the officer shall be administratively 
removed from the promotion list under regulations pre-
scribed by the Secretary concerned.’’. 
SEC. 505. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS 
OF INQUIRY FOR SEPARATION OF REGULAR 
OFFICERS 
FOR 
SUBSTANDARD 
PERFORM-
ANCE AND OTHER REASONS. 
(a) ACTIVE DUTY.—Section 1187 of title 10, United 
States Code, is amended— 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
135 
(1) in subsection (a), by striking paragraphs (2) 
and (3) and inserting the following new paragraphs: 
‘‘(2) Each member of the board shall be senior in 
rank or grade to the officer being required to show 
cause for retention on active duty. 
‘‘(3) At least one member of the board— 
‘‘(A) shall be in or above the grade of major 
or lieutenant commander, if the grade of the offi-
cer being required to show cause for retention on 
active duty is below the grade of major or lieu-
tenant commander; or 
‘‘(B) shall be in a grade above lieutenant 
colonel or commander, if the grade of the officer 
being required to show cause for retention on ac-
tive duty is major or lieutenant commander or 
above.’’; 
(2) in subsection (b), by striking ‘‘that officer— 
’’ and all that follows through the period at the end 
and inserting ‘‘that officer meets the grade require-
ments of subsection (a)(2).’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) REGULATIONS.—The Secretary of a military de-
partment may prescribe regulations limiting the eligibility 
of officers to serve on a board convened under this chapter 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
136 
to officers who, while otherwise qualified, are in the opinion 
of the Secretary best suited for that duty by reason of age, 
education, training, experience, length of service, or tem-
perament.’’. 
(b) RESERVES.—Section 14906 of such title is amend-
ed— 
(1) in subsection (a), by striking paragraphs (2) 
and (3) and inserting the following new paragraphs: 
‘‘(2) Each member of the board shall be senior in 
rank or grade to the officer being required to show 
cause for retention in an active status. 
‘‘(3) At least one member of the board— 
‘‘(A) shall be in or above the grade of major 
or lieutenant commander, if the grade of the offi-
cer being required to show cause for retention in 
an active status is below the grade of major or 
lieutenant commander; or 
‘‘(B) shall be in a grade above lieutenant 
colonel or commander, if the grade of the officer 
being required to show cause for retention in an 
active status is major or lieutenant commander 
or above.’’; and 
(2) by adding at the end the following new sub-
section: 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
137 
‘‘(c) REGULATIONS.—The Secretary of a military de-
partment may prescribe regulations limiting the eligibility 
of officers to serve on a board convened under this chapter 
to officers who, while otherwise qualified, are in the opinion 
of the Secretary best suited for that duty by reason of age, 
education, training, experience, length of service, or tem-
perament.’’. 
SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM 
LENGTH OF ACTIVE SERVICE AS A COMMIS-
SIONED OFFICER REQUIRED FOR VOLUNTARY 
RETIREMENT AS AN OFFICER. 
(a) ARMY.—Section 3911(b)(2) of title 10, United 
States Code, is amended by striking ‘‘January 6, 2006, and 
ending on December 31, 2008’’ and inserting ‘‘the date of 
the enactment of the National Defense Authorization Act for 
Fiscal Year 2011 and ending on September 30, 2013’’. 
(b) NAVY AND MARINE CORPS.—Section 6323(a)(2)(B) 
of such title is amended by striking ‘‘January 6, 2006, and 
ending on December 31, 2008’’ and inserting ‘‘the date of 
the enactment of the National Defense Authorization Act for 
Fiscal Year 2011 and ending on September 30, 2013’’. 
(c) AIR FORCE.—Section 8911(b)(2) of such title is 
amended by striking ‘‘January 6, 2006, and ending on De-
cember 31, 2008’’ and inserting ‘‘the date of the enactment 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
138 
of the National Defense Authorization Act for Fiscal Year 
2011 and ending on September 30, 2013’’. 
Subtitle B—Reserve Component 
Management 
SEC. 511. PRESEPARATION COUNSELING FOR MEMBERS OF 
THE RESERVE COMPONENTS. 
(a) REQUIREMENT; EXCEPTION.—Subsection (a)(1) of 
section 1142 of title 10, United States Code, is amended— 
(1) in the first sentence— 
(A) by striking ‘‘Within’’ and inserting 
‘‘(A) Within’’; and 
(B) by striking ‘‘of each member’’ and all 
that follows through the period at the end of the 
sentence and inserting the following: ‘‘of— 
‘‘(i) each member of the armed forces whose dis-
charge or release from active duty is anticipated as 
of a specific date; and 
‘‘(ii) each member of a reserve component not 
covered by clause (i) whose discharge or release from 
service is anticipated as of a specific date.’’; and 
(2) in the second sentence, by striking ‘‘A nota-
tion of the provision of such counseling’’ and insert-
ing the following: 
‘‘(B) A notation of the provision of preseparation 
counseling’’. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
139 
(b) CLARIFICATION
OF COVERED MATTERS.—Sub-
section (b)(7) of such section is amended by striking ‘‘from 
active duty’’. 
SEC. 512. MILITARY CORRECTION BOARD REMEDIES FOR 
NATIONAL GUARD MEMBERS. 
Subsection (a) of section 1552 of title 10, United States 
Code, is amended— 
(1) in paragraph (1), by striking ‘‘military 
record of the Secretary’s department’’ and inserting 
‘‘military record of an armed force, including reserve 
components thereof, under the jurisdiction of the Sec-
retary’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(5) In the case of a member of the National Guard, 
the authority to correct any military record of the member 
under this section extends only to records generated while 
the member was in Federal service and does not apply to 
matters related to State government policy and procedures 
related to its National Guard.’’. 
SEC. 513. REMOVAL OF STATUTORY DISTRIBUTION LIMITS 
ON NAVY RESERVE FLAG OFFICER ALLOCA-
TION. 
Section 12004(c) of title 10, United States Code, is 
amended— 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS
622 
‘‘(i) Workforce sustainability. 
‘‘(ii) Workforce skills enhancement. 
‘‘(iii) Increased short- and long-term cost-ef-
fectiveness. 
‘‘(iv) Improved veteran employment in sus-
tainable wage fields. 
‘‘(E) Any other information the Secretary of De-
fense determines appropriate. 
‘‘(2) Not later than March 1, 2016, the Secretary of 
Defense shall submit to Congress a report that— 
‘‘(A) analyzes the pilot program in terms of its 
effect on the sustainability of a workforce to meet the 
military construction needs of the Armed Forces; 
‘‘(B) analyzes the effects of the pilot program on 
veteran employment in sustainable wage fields or pro-
fessions; and 
‘‘(C) makes recommendations on the continu-
ation, modification, or expansion of the pilot program 
on the basis of such factors as the Secretary of Defense 
determines appropriate, including the following: 
‘‘(i) Workforce sustainability. 
‘‘(ii) Cost-effectiveness. 
‘‘(iii) Community development. 
VerDate Mar 15 2010 
01:19 May 22, 2010
Jkt 089200
PO 00000
Frm 00622
Fmt 6652
Sfmt 6203
E:\BILLS\H5136.RH
H5136
tjames on DSK5CLS3C1PROD with BILLS