In the Senate of the United States, 
December 1, 2011. 
Resolved, That the bill from the House of Representa-
tives (H.R. 1540) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2012 for military activities of the Depart-
ment of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other pur-
poses.’’, do pass with the following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2012’’. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
CONTENTS. 
(a) DIVISIONS.—This Act is organized into four divi-
sions as follows: 
(1) Division A–Department of Defense Author-
izations.
† HR 1540 EAS 
(2) Division B–Military Construction Authoriza-
tions. 
(3) Division C–Department of Energy National 
Security Authorizations and Other Authorizations. 
(4) Division D–Funding Tables. 
(5) Division E–SBIR and STTR Reauthoriza-
tion. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
Sec. 4. Scoring of budgetary effects. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Authorization of appropriations. 
Subtitle B—Navy Programs 
Sec. 121. Multiyear procurement authority for mission avionics and common 
cockpits for Navy MH–60R/S helicopters. 
Subtitle C—Air Force Programs 
Sec. 131. Procurement of advanced extremely high frequency satellites. 
Sec. 132. Availability of fiscal year 2011 funds for research and development re-
lating to the B–2 bomber aircraft. 
Sec. 133. Availability of fiscal year 2011 funds to support alternative options for 
extremely high frequency terminal Increment 1 program of 
record. 
Sec. 134. Limitations on use of funds to retire B–1 bomber aircraft. 
Sec. 135. Limitation on retirement of U–2 aircraft. 
Sec. 136. Strategic airlift aircraft force structure. 
Sec. 137. Limitation on retirement of C–23 aircraft. 
Subtitle D—Joint and Multiservice Matters 
Sec. 151. Inclusion of information on approved Combat Mission Requirements in 
quarterly reports on use of Combat Mission Requirement funds. 
Sec. 152. F–35 Joint Strike Fighter aircraft.
† HR 1540 EAS 
Sec. 153. Report on plan to implement Weapon Systems Acquisition Reform Act 
of 2009 measures within the Joint Strike Fighter aircraft pro-
gram. 
Sec. 154. Multiyear procurement authority for airframes for Army UH–60M/ 
HH–60M helicopters and Navy MH–60R/MH–60S helicopters. 
Sec. 155. Designation of undersea mobility acquisition program of the United 
States Special Operations Command as a major defense acquisi-
tion program. 
Sec. 156. Transfer of Air Force C–12 Liberty Intelligence, Surveillance, and Re-
connaissance aircraft to the Army. 
Sec. 157. Joint Surveillance Target Attack Radar System aircraft re-engining 
program. 
Sec. 158. Report on probationary period in development of short take-off, vertical 
landing variant of the Joint Strike Fighter. 
Sec. 159. Authority for exchange with United Kingdom of specified F–35 Light-
ning II Joint Strike Fighter aircraft. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Prohibitions relating to use of funds for research, development, test, and 
evaluation on the F136 engine. 
Sec. 212. Limitation on use of funds for Increment 2 of B–2 bomber aircraft ex-
tremely high frequency satellite communications program. 
Sec. 213. Unmanned Carrier Launched Airborne Surveillance and Strike. 
Sec. 214. Marine Corps ground combat vehicles. 
Subtitle C—Missile Defense Matters 
Sec. 231. Enhanced oversight of missile defense acquisition programs. 
Sec. 232. Ground-based Midcourse Defense Program. 
Sec. 233. Missile defense cooperation with Russia. 
Sec. 234. Report on the United States missile defense hedging strategy. 
Subtitle D—Reports 
Sec. 251. Extension of requirements for biennial roadmap and annual review and 
certification on funding for development of hypersonics. 
Subtitle E—Other Matters 
Sec. 261. Contractor cost-sharing in pilot program to include technology protec-
tion features during research and development of certain defense 
systems. 
Sec. 262. Laboratory facilities, Hanover, New Hampshire. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding.
† HR 1540 EAS 
Subtitle B—Energy and Environmental Provisions 
Sec. 311. Modification of energy performance goals. 
Sec. 312. Streamlined annual report on defense environmental programs. 
Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in 
connection with Jackson Park Housing Complex, Washington. 
Sec. 314. Requirements relating to Agency for Toxic Substances and Disease Reg-
istry investigation of exposure to drinking water contamination 
at Camp Lejeune, North Carolina. 
Sec. 315. Discharge of wastes at sea generated by ships of the Armed Forces. 
Sec. 316. Consideration of energy security and reliability in development and im-
plementation of energy performance goals. 
Sec. 317. Installation energy metering requirements. 
Sec. 318. Training policy for Department of Defense energy managers. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Minimum capital investment for certain depots. 
Sec. 322. Limitation on revising the definition of depot-level maintenance. 
Sec. 323. Designation of military industrial facilities as Centers of Industrial 
and Technical Excellence. 
Sec. 324. Reports on depot-related activities. 
Subtitle D—Reports 
Sec. 331. Study on Air Force test and training range infrastructure. 
Sec. 332. Study on training range infrastructure for special operations forces. 
Sec. 333. Guidance to establish non-tactical wheeled vehicle and equipment service 
life extension programs to achieve cost savings. 
Sec. 334. Modified deadline for annual report on budget shortfalls for implemen-
tation of operational energy strategy. 
Subtitle E—Other Matters 
Sec. 341. Extension of authority for Army industrial facilities to enter into coop-
erative agreements with non-Army entities. 
Sec. 342. Working-capital fund accounting. 
Sec. 343. Commercial sale of small arms ammunition and small arms ammuni-
tion components in excess of military requirements, and fired 
cartridge cases. 
Sec. 344. Authority to accept contributions of funds to study options for miti-
gating adverse effects of proposed obstructions on military in-
stallations. 
Sec. 345. Utility disruptions to military installations. 
Sec. 346. Eligibility of active and reserve members, retirees, gray area retirees, 
and dependents for space-available travel on military aircraft. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status).
† HR 1540 EAS 
Sec. 414. Fiscal year 2012 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy Generally 
Sec. 501. Increase in authorized strengths for Marine Corps officers on active 
duty. 
Sec. 502. Voluntary retirement incentive. 
Sec. 503. National Defense University outplacement waiver. 
Sec. 504. Modification of definition of ‘‘joint duty assignment’’ to include all in-
structor assignments for joint training and education. 
Subtitle B—Reserve Component Management 
Sec. 511. Authority for order to active duty of members of the Selected Reserve 
and certain members of the Individual Ready Reserve for 
preplanned missions. 
Sec. 512. Modification of eligibility for consideration for promotion for certain 
reserve officers employed as military technicians (dual status). 
Sec. 513. Modification of time in which preseparation counseling must be pro-
vided to reserve component members being demobilized. 
Sec. 514. Report on termination of military technician as a distinct personnel 
management category. 
Sec. 515. Authority to order army reserve, navy reserve, marine corps reserve, 
and air force reserve to active duty to provide assistance in re-
sponse to a major disaster or emergency. 
Subtitle C—General Service Authorities 
Sec. 521. Repeal of mandatory high-deployment allowance. 
Sec. 522. Prohibition on denial of reenlistment of members for unsuitability based 
on the same medical condition for which they were determined 
to be fit for duty. 
Sec. 523. Expansion of regular enlisted members covered by early discharge au-
thority. 
Sec. 524. Extension of voluntary separation pay and benefits. 
Sec. 525. Employment skills training for members of the Armed Forces on active 
duty who are transitioning to civilian life. 
Sec. 526. Policy on military recruitment and enlistment of graduates of sec-
ondary schools. 
Sec. 527. Freedom of conscience of military chaplains with respect to the perform-
ance of marriages. 
Subtitle D—Education and Training 
Sec. 541. Enhancement of authorities on joint professional military education. 
Sec. 542. Grade of commissioned officers in uniformed medical accession pro-
grams. 
Sec. 543. Reserve component mental health student stipend.
† HR 1540 EAS 
Sec. 544. Enrollment of certain seriously wounded, ill, or injured former or re-
tired enlisted members of the Armed Forces in associate degree 
programs of the Community College of the Air Force in order 
to complete degree program. 
Sec. 545. Consolidation of military department authority to issue arms, tentage, 
and equipment to educational institutions not maintaining 
units of Junior ROTC. 
Sec. 546. Temporary authority to waive maximum age limitation on admission 
to the military service academies. 
Sec. 547. Pilot program on receipt of civilian credentialing for skills required for 
military occupational specialties. 
Subtitle E—Military Justice and Legal Matters Generally 
Sec. 551. Reform of offenses relating to rape, sexual assault, and other sexual mis-
conduct under the Uniform Code of Military Justice. 
Sec. 552. Authority to compel production of documentary evidence. 
Sec. 553. Procedures for judicial review of certain military personnel decisions. 
Sec. 554. Department of Defense support for programs on pro bono legal represen-
tation for members of the Armed Forces. 
Subtitle F—Sexual Assault Prevention and Response 
Sec. 561. Director of the Sexual Assault Prevention and Response Office. 
Sec. 562. Sexual Assault Response Coordinators and Sexual Assault Victim Advo-
cates. 
Sec. 563. Access of sexual assault victims to legal assistance and services of Sex-
ual Assault Response Coordinators and Sexual Assault Victim 
Advocates. 
Sec. 564. Requirement for privilege in cases arising under Uniform Code of Mili-
tary Justice against disclosure of communications between sex-
ual assault victims and Sexual Assault Response Coordinators, 
Sexual Assault Victim Advocates, and certain other persons. 
Sec. 565. Expedited consideration and decision-making on requests for permanent 
change of station or unit transfer of victims of sexual assault. 
Sec. 566. Department of Defense policy and procedures on retention and access 
to evidence and records relating to sexual assaults involving 
members of the Armed Forces. 
Subtitle G—Defense Dependents’ Education 
Sec. 571. Continuation of authority to assist local educational agencies that ben-
efit dependents of members of the Armed Forces and Department 
of Defense civilian employees. 
Sec. 572. Impact aid for children with severe disabilities. 
Sec. 573. Three-year extension and enhancement of authorities on transition of 
military dependent students among local educational agencies. 
Subtitle H—Military Family Readiness 
Sec. 576. Modification of membership of Department of Defense Military Family 
Readiness Council. 
Sec. 577. Comptroller General of the United States report on Department of De-
fense military spouse employment programs.
† HR 1540 EAS 
Subtitle I—Other Matters 
Sec. 581. Cold War Service Medal. 
Sec. 582. Enhancement and improvement of Yellow Ribbon Reintegration Pro-
gram. 
Sec. 583. Report on process for expedited determination of disability of members 
of the Armed Forces with certain disabling conditions. 
Sec. 584. Report on the achievement of diversity goals for the leadership of the 
Armed Forces. 
Sec. 585. Specification of period in which application for voter registration or 
absentee ballot from an overseas voter is valid. 
Sec. 586. Authorization and request for award of Medal of Honor to Emil 
Kapaun for acts of valor during the Korean War. 
Sec. 587. Authorization for award of the distinguished service cross for captain 
Fredrick L. Spaulding for acts of valor during the Vietnam War. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain expiring bonus and special pay authori-
ties. 
Sec. 612. Modification of qualifying period for payment of hostile fire and immi-
nent danger special pay and hazardous duty special pay. 
Subtitle B—Consolidation and Reform of Travel and Transportation 
Authorities 
Sec. 621. Consolidation and reform of travel and transportation authorities of the 
uniformed services. 
Sec. 622. Transition provisions. 
Subtitle C—Disability, Retired Pay, and Survivor Benefits 
Sec. 631. Repeal of automatic enrollment in Family Servicemembers’ Group Life 
Insurance for members of the Armed Forces married to other 
members. 
Sec. 632. Limitation on availability of certain funds pending report on provision 
of special compensation for members of the uniformed services 
with injury or illness requiring assistance in everyday living. 
Sec. 633. Repeal of sense of Congress on age and service requirements for retired 
pay for non-regular service. 
Sec. 634. Death gratuity and related benefits for Reserves who die during an au-
thorized stay at their residence during or between successive days 
of inactive duty training. 
Sec. 635. Repeal of requirement of reduction of Survivor Benefits Plan survivor 
annuities by dependency and indemnity compensation. 
Subtitle D—Pay and Allowances 
Sec. 641. No reduction in basic allowance for housing for National Guard mem-
bers who transition between active duty and full-time National 
Guard duty without a break in active service.
† HR 1540 EAS 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—TRICARE Program 
Sec. 701. Annual cost-of-living adjustment in enrollment fees in TRICARE 
Prime. 
Sec. 702. Maintenance of the adequacy of provider networks under the TRICARE 
program. 
Sec. 703. Transition enrollment of uniformed services family health plan Medi-
care-eligible retirees to TRICARE for Life. 
Sec. 704. Modification of authorities on surveys on continued viability of 
TRICARE Standard and TRICARE Extra. 
Sec. 705. Extension of time limit for submittal of claims under the TRICARE 
program for care provided outside the United States. 
Subtitle B—Other Health Care Benefits 
Sec. 711. Travel for anesthesia services for childbirth for command-sponsored de-
pendents of members assigned to remote locations outside the 
continental United States. 
Sec. 712. Transitional health benefits for certain members with extension of active 
duty following active duty in support of a contingency oper-
ation. 
Sec. 713. Codification and improvement of procedures for mental health evalua-
tions for members of the Armed Forces. 
Subtitle C—Health Care Administration 
Sec. 721. Expansion of State licensure exceptions for certain mental health-care 
professionals. 
Sec. 722. Clarification on confidentiality of medical quality assurance records. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Provisions Relating to Major Defense Acquisition Programs 
Sec. 801. Waiver of requirements relating to new Milestone approval for certain 
major defense acquisition programs experiencing critical cost 
growth due to change in quantity purchased. 
Sec. 802. Modification of certain requirements of the Weapon Systems Acquisition 
Reform Act of 2009. 
Sec. 803. Assessment, management, and control of operating and support costs for 
major weapon systems. 
Sec. 804. Clarification of responsibility for cost analyses and targets for contract 
negotiation purposes. 
Sec. 805. Modification of requirements for guidance on management of manufac-
turing risk in major defense acquisition programs. 
Sec. 806. Management of developmental test and evaluation for major defense ac-
quisition programs. 
Sec. 807. Assessment of risk associated with development of major weapon systems 
to be procured under cooperative projects with friendly foreign 
countries. 
Subtitle B—Acquisition Policy and Management 
Sec. 821. Inclusion of data on contractor performance in past performance data-
bases for source selection decisions.
† HR 1540 EAS 
Sec. 822. Implementation of recommendations of Defense Science Board Task 
Force on Service Contracting. 
Sec. 823. Temporary limitation on aggregate annual amount available for con-
tract services. 
Sec. 824. Annual report on single-award task and delivery order contracts. 
Sec. 825. Incorporation of corrosion prevention and control into requirements ap-
plicable to development and acquisition of weapon systems. 
Sec. 826. Prohibition on use of funds for certain programs. 
Sec. 827. Applicability of Buy American Act to procurement of photovoltaic de-
vices by Department of Defense. 
Subtitle C—Amendments Relating to General Contracting Authorities, 
Procedures, and Limitations 
Sec. 841. Treatment for technical data purposes of independent research and de-
velopment and bid and proposal costs. 
Sec. 842. Limitation on defense contractor compensation. 
Sec. 843. Covered contracts for purposes of requirements on contractor business 
systems. 
Sec. 844. Compliance with defense procurement requirements for purposes of in-
ternal controls of non-defense agencies for procurements on be-
half of the Department of Defense. 
Sec. 845. Prohibition on collection of political information. 
Sec. 846. Waiver of ‘‘Buy American’’ requirement for procurement of components 
otherwise producible overseas with specialty metal not produced 
in the United States. 
Sec. 847. Comptroller General of the United States reports on noncompetitive and 
one-offer contracts awarded by the Department of Defense. 
Sec. 848. Detection and avoidance of counterfeit electronic parts. 
Sec. 849. Report on authorities available to the Department of Defense for 
multiyear contracts for the purchase of advanced biofuels. 
Sec. 850. Comptroller General of the United States reports on Department of De-
fense implementation of justification and approval requirements 
for certain sole-source contracts. 
Subtitle D—Provisions Relating to Wartime Contracting 
Sec. 861. Prohibition on contracting with the enemy in the United States Central 
Command theater of operations. 
Sec. 862. Additional access to contractor and subcontractor records in the United 
States Central Command theater of operations. 
Sec. 863. Joint Urgent Operational Needs Fund to rapidly meet urgent oper-
ational needs. 
Sec. 864. Inclusion of associated support services in rapid acquisition and de-
ployment procedures for supplies. 
Sec. 865. Reach-back contracting authority for Operation Enduring Freedom and 
Operation New Dawn. 
Sec. 866. Inclusion of contractor support requirements in Department of Defense 
planning documents. 
Subtitle E—Other Matters 
Sec. 881. Extension of availability of funds in the Defense Acquisition Workforce 
Development Fund.
† HR 1540 EAS 
Sec. 882. Modification of delegation of authority to make determinations on entry 
into cooperative research and development agreements with 
NATO and other friendly organizations and countries. 
Sec. 883. Rate of payment for airlift services under the Civil Reserve Air Fleet 
program. 
Sec. 884. Clarification of Department of Defense authority to purchase right-hand 
drive passenger sedan vehicles and adjustment of threshold for 
inflation. 
Sec. 885. Extension and expansion of small business programs of the Department 
of Defense. 
Sec. 886. Three-year extension of test program for negotiation of comprehensive 
small business subcontracting plans. 
Sec. 887. Five-year extension of Department of Defense Mentor-Protege Program. 
Sec. 888. Report on alternatives for the procurement of fire-resistant and fire-re-
tardant fiber and materials for the production of military prod-
ucts. 
Sec. 889. Oversight of and reporting requirements with respect to Evolved Ex-
pendable Launch Vehicle program. 
Sec. 890. Department of Defense assessment of industrial base for night vision 
image intensification sensors. 
Sec. 891. Implementation of acquisition strategy for Evolved Expendable Launch 
Vehicle. 
Sec. 892. Report on impact of foreign boycotts on the defense industrial base. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Qualifications for appointments to the position of Deputy Secretary of 
Defense. 
Sec. 902. Designation of Department of Defense senior official with principal re-
sponsibility for airship programs. 
Sec. 903. Memoranda of agreement on synchronization of enabling capabilities of 
general purpose forces with the requirements of special oper-
ations forces. 
Sec. 904. Enhancement of administration of the United States Air Force Institute 
of Technology. 
Sec. 905. Defense laboratory matters. 
Sec. 906. Assessment of Department of Defense access to non-United States citi-
zens with scientific and technical expertise vital to the national 
security interests. 
Sec. 907. Sense of Congress on use of modeling and simulation in Department 
of Defense activities. 
Sec. 908. Sense of Congress on ties between Joint Warfighting and Coalition Cen-
ter and Allied Command Transformation of NATO. 
Sec. 909. Report on effects of planned reductions of personnel at the Joint War-
fare Analysis Center on personnel skills. 
Subtitle B—Space Activities 
Sec. 911. Commercial space launch cooperation. 
Sec. 912. Authority to designate increments or blocks of space vehicles as major 
subprograms subject to acquisition reporting requirements.
† HR 1540 EAS 
Sec. 913. Review to identify interference with national security Global Posi-
tioning System receivers by commercial communications serv-
ices. 
Subtitle C—Intelligence Matters 
Sec. 921. Expansion of authority for exchanges of mapping, charting, and geo-
detic data to include nongovernmental organizations and aca-
demic institutions. 
Sec. 922. Facilities for intelligence collection or special operations activities 
abroad. 
Sec. 923. Ozone Widget Framework. 
Sec. 924. Plan for incorporation of enterprise query and correlation capability 
into the Defense Intelligence Information Enterprise. 
Subtitle D—Cybersecurity Matters 
Sec. 931. Strategy to acquire capabilities to detect previously unknown cyber at-
tacks. 
Sec. 932. Program in support of Department of Defense policy on sustaining and 
expanding information sharing. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Defense business systems. 
Sec. 1003. Modification of authorities on certification and credential standards 
for financial management positions in the Department of De-
fense. 
Sec. 1004. Deposit of reimbursed funds under reciprocal fire protection agree-
ments. 
Sec. 1005. Audit readiness of financial statements of Department of Defense. 
Sec. 1006. Plan to ensure audit readiness of statements of budgetary resources. 
Subtitle B—Counter-Drug Activities 
Sec. 1011. Five-year extension and modification of authority of Department of 
Defense to provide additional support for counterdrug activities 
of other governmental agencies. 
Sec. 1012. Five-year extension and expansion of authority to provide additional 
support for counter-drug activities of certain foreign govern-
ments. 
Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 
activities. 
Sec. 1014. Extension of authority for joint task forces to provide support to law 
enforcement agencies conducting counter-terrorism activities. 
Sec. 1015. Extension of authority to support unified counterdrug and counterter-
rorism campaign in Colombia. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1021. Limitation 
on 
availability 
of 
funds 
for 
placing 
Maritime 
Prepositioning Ship squadrons on reduced operating status. 
Sec. 1022. Modification of conditions on status of retired aircraft carrier ex-John 
F. Kennedy.
† HR 1540 EAS 
Sec. 1023. Authority to provide information for maritime safety of forces and hy-
drographic support. 
Sec. 1024. Report on policies and practices of the Navy for naming the vessels 
of the Navy. 
Sec. 1025. Assessment of stationing of additional DDG–51 class destroyers at 
Naval Station Mayport, Florida. 
Sec. 1026. Transfer of certain high-speed ferries to the Navy. 
Subtitle D—Detainee Matters 
Sec. 1031. Affirmation of authority of the Armed Forces of the United States to 
detain covered persons pursuant to the Authorization for Use of 
Military Force. 
Sec. 1032. Requirement for military custody. 
Sec. 1033. Requirements for certifications relating to the transfer of detainees at 
United States Naval Station, Guantanamo Bay, Cuba, to for-
eign countries and other foreign entities. 
Sec. 1034. Prohibition on use of funds to construct or modify facilities in the 
United States to house detainees transferred from United States 
Naval Station, Guantanamo Bay, Cuba. 
Sec. 1035. Procedures for periodic detention review of individuals detained at 
United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1036. Procedures for status determinations. 
Sec. 1037. Clarification of right to plead guilty in trial of capital offense by mili-
tary commission. 
Subtitle E—Miscellaneous Authorities and Limitations 
Sec. 1041. Management of Department of Defense installations. 
Sec. 1042. Amendments relating to the Military Commissions Act of 2009. 
Sec. 1043. Department of Defense authority to carry out personnel recovery re-
integration and post-isolation support activities. 
Sec. 1044. Treatment under Freedom of Information Act of certain sensitive na-
tional security information. 
Sec. 1045. Clarification of airlift service definitions relating to the Civil Reserve 
Air Fleet. 
Sec. 1046. Authority for assignment of civilian employees of the Department of 
Defense as advisors to foreign ministries of defense and inter-
national peace and security organizations. 
Sec. 1047. Net assessment of nuclear force levels required with respect to certain 
proposals to reduce the nuclear weapons stockpile of the United 
States. 
Sec. 1048. Fiscal year 2012 administration and report on the Troops-to-Teachers 
Program. 
Sec. 1049. Expansion of Operation Hero Miles. 
Subtitle F—Repeal and Modification of Reporting Requirements 
PART I—REPEAL OF REPORTING REQUIREMENTS 
Sec. 1061. Repeal of reporting requirements under title 10, United States Code. 
Sec. 1062. Repeal of reporting requirements under annual defense authorization 
acts. 
Sec. 1063. Repeal of reporting requirements under other laws.
† HR 1540 EAS 
PART II—MODIFICATION OF EXISTING REPORTING REQUIREMENTS 
Sec. 1066. Modification of reporting requirements under title 10, United States 
Code. 
Sec. 1067. Modification of reporting requirements under other titles of the United 
States Code. 
Sec. 1068. Modification of reporting requirements under annual defense author-
ization acts. 
Sec. 1069. Modification of reporting requirements under other laws. 
Subtitle G—Other Study and Report Matters 
Sec. 1071. Modification of dates of Comptroller General of the United States re-
view of executive agreement on joint medical facility demonstra-
tion project, North Chicago and Great Lakes, Illinois. 
Sec. 1072. Report on plan to implement organizational goals recommended in the 
National Security Strategy–2010. 
Sec. 1073. Biennial assessment of and report on delivery platforms for nuclear 
weapons and the nuclear command and control system. 
Sec. 1074. Annual report on the nuclear weapons stockpile of the United States. 
Sec. 1075. Nuclear employment strategy of the United States. 
Sec. 1076. Study on the recruitment, retention, and development of cyberspace ex-
perts. 
Sec. 1077. Reports on resolution restrictions on the commercial sale or dissemina-
tion of eletro-optical imagery collected by satellites. 
Sec. 1078. Report on integration of unmanned aerial systems into the national 
airspace system. 
Sec. 1079. Study on United States force posture in East Asia and the Pacific re-
gion. 
Sec. 1080. Report on status of implementation of accepted recommendations in 
the Final Report of the 2010 Army Acquisition Review panel. 
Sec. 1080A. Report on feasibility of using unmanned aerial systems to perform 
airborne inspection of navigational aids in foreign airspace. 
Sec. 1080B. Comptroller General review of medical research and development re-
lating to improved combat casualty care. 
Sec. 1080C. Reports to Congress on the modification of the force structure for the 
strategic nuclear weapons delivery systems of the United States. 
Sec. 1080D. Comptroller General of the United States reports on the major auto-
mated information system programs of the Department of De-
fense. 
Sec. 1080E. Comptroller General report on Department of Defense science and 
technology programs. 
Sec. 1080F. Comptroller General report on Science, Technology, Engineering, and 
Math (STEM) initiatives. 
Sec. 1080G. Report on Defense Department analytic capabilities regarding for-
eign ballistic missile threats. 
Sec. 1080H. Report on approval and implementation of Air Sea Battle Concept. 
Sec. 1080I. Report on effects of changing flag officer positions within the Air 
Force Material Command. 
Subtitle H—Other Matters 
Sec. 1081. Redesignation of psychological operations as military information sup-
port operations in title 10, United States Code, to conform to 
Department of Defense usage.
† HR 1540 EAS 
Sec. 1082. Termination of requirement for appointment of civilian members of 
National Security Education Board by and with the advice and 
consent of the Senate. 
Sec. 1083. Redesignation of Industrial College of the Armed Forces as the Dwight 
D. Eisenhower School for National Security and Resource Strat-
egy. 
Sec. 1084. Designation of Fisher House for the Families of the Fallen and Medi-
tation Pavilion, Dover Air Force Base, Delaware, as a Fisher 
House. 
Sec. 1085. Sense of Senate on application of moratorium on earmarks to this Act. 
Sec. 1086. Technical amendment relating to responsibilities of Deputy Assistant 
Secretary of Defense for Manufacturing and Industrial Base 
Policy. 
Sec. 1087. Technical amendment. 
Sec. 1088. Improving the transition of members of the Armed Forces with experi-
ence in the operation of certain motor vehicles into careers oper-
ating commercial motor vehicles in the private sector. 
Sec. 1089. Fire suppression agents. 
Sec. 1090. Acquisition and procurement exchanges between the United States and 
India. 
Sec. 1091. Long-term plan for maintenance of intercontinental ballistic missile 
solid rocket motor production capacity. 
Sec. 1092. Cybersecurity collaboration between the Department of Defense and the 
Department of Homeland Security. 
Sec. 1093. Reemployment rights following certain National Guard duty. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Sec. 1101. Authority of the Secretaries of the military departments to employ up 
to 10 persons without pay. 
Sec. 1102. Extension of eligibility to continue Federal employee health benefits for 
certain employees of the Department of Defense. 
Sec. 1103. Authority for waiver of recovery of certain payments previously made 
under civilian employees voluntary separation incentive pro-
gram. 
Sec. 1104. Permanent extension and expansion of experimental personnel pro-
gram for scientific and technical personnel. 
Sec. 1105. Modification of beneficiary designation authorities for death gratuity 
payable upon death of a United States Government employee in 
service with the Armed Forces. 
Sec. 1106. Two-year extension of discretionary authority to grant allowances, 
benefits, and gratuities to personnel on official duty in a combat 
zone. 
Sec. 1107. One-year extension of authority to waive annual limitation on pre-
mium pay and aggregate limitation on pay for Federal civilian 
employees working overseas. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Expansion of scope of humanitarian demining assistance authority to 
include stockpiled conventional munitions. 
Sec. 1202. One-year extension and modification of authorities applicable to Com-
manders’ Emergency Response Program.
† HR 1540 EAS 
Sec. 1203. Three-year extension of temporary authority to use acquisition and 
cross-servicing agreements to lend military equipment for per-
sonnel protection and survivability. 
Sec. 1204. Conditional extension and modification of authority to build the ca-
pacity of counter terrorism forces of Yemen. 
Sec. 1205. Extension of authority for support of special operations to combat ter-
rorism. 
Sec. 1206. Limitation on availability of funds for authorities relating to program 
to build the capacity of foreign military forces. 
Sec. 1207. Global Security Contingency Fund. 
Sec. 1208. Authority to build the capacity of certain counterterrorism forces of 
East African countries. 
Sec. 1209. Support of forces participating in operations to disarm the Lord’s Re-
sistance Army. 
Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 
Sec. 1221. Extension and modification of logistical support for coalition forces 
supporting operations in Iraq and Afghanistan. 
Sec. 1222. One-year extension of authority to transfer defense articles and provide 
defense services to the military and security forces of Iraq and 
Afghanistan. 
Sec. 1223. One-year extension of authorities applicable to the Pakistan Counter-
insurgency Fund. 
Sec. 1224. One-year extension of authority to use funds for reintegration activi-
ties in Afghanistan. 
Sec. 1225. Modification of authority on program to develop and carry out infra-
structure projects in Afghanistan. 
Sec. 1226. One-year extension of authority for reimbursement of certain coalition 
nations for support provided to United States military oper-
ations. 
Sec. 1227. Two-year extension of certain reports on Afghanistan. 
Sec. 1228. Authority to support operations and activities of the Office of Security 
Cooperation in Iraq. 
Sec. 1229. Benchmarks to evaluate the progress being made toward the transition 
of security responsibilities for Afghanistan to the Government of 
Afghanistan. 
Sec. 1230. Certification requirement regarding efforts by Government of Pakistan 
to implement a strategy to counter improvised explosive devices. 
Sec. 1231. Report on Coalition Support Fund reimbursements to the Government 
of Pakistan for operations conducted in support of Operation 
Enduring Freedom. 
Subtitle C—Reports and Other Matters 
Sec. 1241. Report on progress of the African Union in operationalizing the Afri-
can Standby Force. 
Sec. 1242. Comptroller General of the United States report on the National 
Guard State Partnership Program. 
Sec. 1243. Man-portable air-defense systems originating from Libya. 
Sec. 1244. Defense cooperation with Republic of Georgia. 
Sec. 1245. Imposition of sanctions with respect to the financial sector of Iran. 
TITLE XIII—COOPERATIVE THREAT REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
† HR 1540 EAS 
Sec. 1302. Funding allocations. 
Sec. 1303. Limitation on use of funds for establishment of centers of excellence in 
countries outside of the former Soviet Union. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Defense Health Program. 
Sec. 1404. Chemical Agents and Munitions Destruction, Defense. 
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1406. Defense Inspector General. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile Funds. 
Sec. 1412. Revision to required receipt objectives for previously authorized dis-
posals from the National Defense Stockpile. 
Subtitle C—Armed Forces Retirement Home 
PART I—AUTHORIZATION OF APPROPRIATIONS 
Sec. 1421. Authorization of appropriations. 
PART II—ARMED FORCES RETIREMENT HOME AUTHORITIES 
Sec. 1422. Amendment of Armed Forces Retirement Home Act of 1991. 
Sec. 1423. Annual validation of multiyear accreditation. 
Sec. 1424. Clarification of duties of Senior Medical Advisor. 
Sec. 1425. Replacement of Local Boards of Trustees for each facility with single 
Advisory Council. 
Sec. 1426. Administrators and ombudsmen of facilities. 
Sec. 1427. Inspection requirements. 
Sec. 1428. Repeal of obsolete provisions. 
Sec. 1429. Technical, conforming, and clerical amendments. 
Subtitle D—Other Matters 
Sec. 1431. Authority for transfer of funds to Joint Department of Defense–De-
partment of Veterans Affairs Medical Facility Demonstration 
Fund for Captain James A. Lovell Health Care Center, Illinois. 
TITLE XV—AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS 
CONTINGENCY OPERATIONS 
Subtitle A—Authorization of Appropriations 
Sec. 1501. Purpose. 
Sec. 1502. Procurement. 
Sec. 1503. Research, development, test, and evaluation. 
Sec. 1504. Operation and maintenance. 
Sec. 1505. Military personnel. 
Sec. 1506. Working capital funds. 
Sec. 1507. Defense Health Program. 
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
† HR 1540 EAS 
Sec. 1509. Defense Inspector General. 
Subtitle B—Financial Matters 
Sec. 1521. Treatment as additional authorizations. 
Sec. 1522. Special transfer authority. 
Subtitle C—Other Matters 
Sec. 1531. One-year extension and modification of authority for Task Force for 
Business and Stability Operations in Afghanistan. 
Sec. 1532. Modification of availability of funds in Afghanistan Security Forces 
Fund. 
Sec. 1533. Limitation on availability of funds for Trans Regional Web Initiative. 
Sec. 1534. Report on lessons learned from Department of Defense participation 
on interagency teams for counterterrorism operations in Afghan-
istan and Iraq. 
TITLE XVI—NATIONAL GUARD EMPOWERMENT 
Sec. 1601. Short title. 
Sec. 1602. Reestablishment of position of Vice Chief of the National Guard Bu-
reau and termination of position of Director of the Joint Staff 
of the National Guard Bureau. 
Sec. 1603. Membership of the Chief of the National Guard Bureau on the Joint 
Chiefs of Staff. 
Sec. 1604. Continuation as a permanent program and enhancement of activities 
of Task Force for Emergency Readiness pilot program of the 
Federal Emergency Management Agency. 
Sec. 1605. Report on comparative analysis of costs of comparable units of the re-
serve components and the regular components of the Armed 
Forces. 
Sec. 1606. Display of procurement of equipment for the reserve components of the 
Armed Forces under estimated expenditures for procurement in 
future-years defense programs. 
Sec. 1607. Enhancement of authorities relating to the United States Northern 
Command and other combatant commands. 
Sec. 1608. Requirements relating to National Guard officers in certain command 
positions. 
Sec. 1609. Availability of funds under State Partnership Program for additional 
National Guard contacts on matters within the core com-
petencies of the National Guard. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2003. Funding tables. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project.
† HR 1540 EAS 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition 
projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Extension of authorizations of certain fiscal year 2008 projects. 
Sec. 2608. Extension of authorizations of certain fiscal year 2009 projects. 
Sec. 2609. Modification of authority to carry out certain fiscal year 2009 project. 
TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 
Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure Ac-
count 1990. 
Sec. 2702. Authorized base realignment and closure activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure Ac-
count 2005. 
Sec. 2704. Reduction of military construction authorization for base realignment 
and closure activities authorized through the Department of De-
fense Base Closure Account 1990. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. General military construction transfer authority. 
Sec. 2802. Extension of temporary, limited authority to use operation and main-
tenance funds for construction projects outside the United States. 
Sec. 2803. Clarification of authority to use the Pentagon Reservation mainte-
nance revolving fund for minor construction and alteration ac-
tivities at the Pentagon Reservation. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Exchange of property at military installations. 
Sec. 2812. Clarification of authority to limit encroachments. 
Sec. 2813. Department of Defense conservation and cultural activities. 
Subtitle C—Land Conveyances 
Sec. 2821. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 
Sec. 2822. Clarification of land conveyance authority, Camp Caitlin and Ohana 
Nui areas, Hawaii. 
Sec. 2823. Land conveyance and exchange, Joint Base Elmendorf Richardson, 
Alaska. 
Subtitle D—Other Matters 
Sec. 2831. Investment plan for the modernization of public shipyards under juris-
diction of Department of the Navy. 
Sec. 2832. Data servers and centers. 
Sec. 2833. Redesignation of Mike O’Callaghan Federal Hospital in Nevada as 
Mike O’Callaghan Federal Medical Center.
† HR 1540 EAS 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Review of security vulnerabilities of national laboratory computers. 
Sec. 3112. Review by Secretary of Energy and Secretary of Defense of Comp-
troller General assessment of budget requests with respect to the 
modernization and refurbishment of the nuclear security com-
plex. 
Sec. 3113. Aircraft procurement. 
Sec. 3114. Limitation on use of funds for establishment of centers of excellence in 
countries outside of the former Soviet Union. 
Sec. 3115. Recognition and status of National Atomic Testing Museum. 
Subtitle C—Reports 
Sec. 3121. Report on feasibility of federalizing the security protective forces con-
tract guard workforce at certain Department of Energy facili-
ties. 
Sec. 3122. Comptroller General study on oversight of Department of Energy de-
fense nuclear facilities. 
Sec. 3123. Plan to complete the Global Initiatives for Proliferation Prevention 
program in the Russian Federation. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
Sec. 3202. Authority of the Defense Nuclear Facilities Safety Board to review the 
facility design and construction of Construction Project 10–D– 
904 of the National Nuclear Security Administration. 
TITLE XXXIII—MARITIME ADMINISTRATION 
Sec. 3301. Maritime Administration. 
DIVISION D—FUNDING TABLES 
Sec. 4001. Authorization of amounts in funding tables. 
TITLE XLI—PROCUREMENT 
Sec. 4101. Procurement. 
Sec. 4102. Procurement for overseas contingency operations. 
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 4201. Research, development, test, and evaluation. 
Sec. 4202. Research, development, test, and evaluation for overseas contingency 
operations.
† HR 1540 EAS 
TITLE XLIII—OPERATION AND MAINTENANCE 
Sec. 4301. Operation and maintenance. 
Sec. 4302. Operation and maintenance for overseas contingency operations. 
TITLE XLIV—OTHER AUTHORIZATIONS 
Sec. 4401. Other authorizations. 
Sec. 4402. Other authorizations for overseas contingency operations. 
TITLE XLV—MILITARY CONSTRUCTION 
Sec. 4501. Military construction. 
TITLE XLVI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Sec. 4601. Department of Energy national security programs. 
DIVISION E—SBIR AND STTR REAUTHORIZATION 
Sec. 5001. Short title. 
Sec. 5002. Definitions. 
Sec. 5003. Repeal. 
TITLE LI—REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS 
Sec. 5101. Extension of termination dates. 
Sec. 5102. Status of the Office of Technology. 
Sec. 5103. SBIR allocation increase. 
Sec. 5104. STTR allocation increase. 
Sec. 5105. SBIR and STTR award levels. 
Sec. 5106. Agency and program flexibility. 
Sec. 5107. Elimination of Phase II invitations. 
Sec. 5108. Participation by firms with substantial investment from multiple ven-
ture capital operating companies in a portion of the SBIR pro-
gram. 
Sec. 5109. SBIR and STTR special acquisition preference. 
Sec. 5110. Collaborating with Federal laboratories and research and development 
centers. 
Sec. 5111. Notice requirement. 
Sec. 5112. Express authority for an agency to award sequential Phase II awards 
for SBIR or STTR funded projects. 
TITLE LII—OUTREACH AND COMMERCIALIZATION INITIATIVES 
Sec. 5201. Rural and State outreach. 
Sec. 5202. Technical assistance for awardees. 
Sec. 5203. Commercialization Readiness Program at Department of Defense. 
Sec. 5204. Commercialization Readiness Pilot Program for civilian agencies. 
Sec. 5205. Accelerating cures. 
Sec. 5206. Federal agency engagement with SBIR and STTR awardees that have 
been awarded multiple Phase I awards but have not been award-
ed Phase II awards. 
Sec. 5207. Clarifying the definition of ‘‘Phase III’’. 
Sec. 5208. Shortened period for final decisions on proposals and applications.
† HR 1540 EAS 
TITLE LIII—OVERSIGHT AND EVALUATION 
Sec. 5301. Streamlining annual evaluation requirements. 
Sec. 5302. Data collection from agencies for SBIR. 
Sec. 5303. Data collection from agencies for STTR. 
Sec. 5304. Public database. 
Sec. 5305. Government database. 
Sec. 5306. Accuracy in funding base calculations. 
Sec. 5307. Continued evaluation by the National Academy of Sciences. 
Sec. 5308. Technology insertion reporting requirements. 
Sec. 5309. Intellectual property protections. 
Sec. 5310. Obtaining consent from SBIR and STTR applicants to release contact 
information to economic development organizations. 
Sec. 5311. Pilot to allow funding for administrative, oversight, and contract proc-
essing costs. 
Sec. 5312. GAO study with respect to venture capital operating company involve-
ment. 
Sec. 5313. Reducing vulnerability of SBIR and STTR programs to fraud, waste, 
and abuse. 
Sec. 5314. Interagency policy committee. 
Sec. 5315. Simplified paperwork requirements. 
TITLE LIV—POLICY DIRECTIVES 
Sec. 5401. Conforming amendments to the SBIR and the STTR Policy Direc-
tives. 
TITLE LV—OTHER PROVISIONS 
Sec. 5501. Research topics and program diversification. 
Sec. 5502. Report on SBIR and STTR program goals. 
Sec. 5503. Competitive selection procedures for SBIR and STTR programs. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ has the meaning given that term in sec-
tion 101(a)(16) of title 10, United States Code. 
SEC. 4. SCORING OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go-Act of 2010, 
shall be determined by reference to the latest statement titled 
‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 
submitted for printing in the Congressional Record by the 
Chairman of the Senate Budget Committee, provided that
† HR 1540 EAS 
such statement has been submitted prior to the vote on pas-
sage. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2012 for procurement for the Army, the Navy and 
the Marine Corps, the Air Force, and Defense-wide activi-
ties, as specified in the funding table in section 4101. 
Subtitle B—Navy Programs 
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR MIS-
SION AVIONICS AND COMMON COCKPITS FOR 
NAVY MH–60R/S HELICOPTERS. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 
Subject to section 2306b of title 10, United States Code, the 
Secretary of the Navy may enter into a multiyear contract 
or contracts, beginning with the fiscal year 2012 program 
year, for the procurement of mission avionics and common 
cockpits for MH–60R/S helicopters. 
(b) CONDITION
FOR
OUT-YEAR
CONTRACT
PAY-
MENTS.—A contract entered into under subsection (a) shall 
provide that any obligation of the United States to make
† HR 1540 EAS 
a payment under the contract for a fiscal year after fiscal 
year 2012 is subject to the availability of appropriations 
for that purpose for such later fiscal year. 
Subtitle C—Air Force Programs 
SEC. 131. PROCUREMENT OF ADVANCED EXTREMELY HIGH 
FREQUENCY SATELLITES. 
(a) CONTRACT AUTHORITY.— 
(1) IN
GENERAL.—The Secretary of the Air 
Force may procure two advanced extremely high fre-
quency satellites by entering into a fixed-price con-
tract for such procurement. 
(2) COST REDUCTION.—The Secretary may in-
clude in a contract entered into under paragraph (1) 
the following: 
(A) The procurement of material and equip-
ment in economic order quantities if the procure-
ment of such material and equipment in such 
quantities will result in cost savings. 
(B) Cost reduction initiatives. 
(3) USE OF INCREMENTAL FUNDING.—The Sec-
retary may use incremental funding for a contract 
entered into under paragraph (1) for a period not to 
exceed six fiscal years. 
(4) LIABILITY.—A contract entered into under 
paragraph (1) shall provide that—
† HR 1540 EAS 
(A) any obligation of the United States to 
make a payment under the contract is subject to 
the availability of appropriations for that pur-
pose; and 
(B) the total liability of the Federal Govern-
ment for the termination of the contract shall be 
limited to the total amount of funding obligated 
at the time of the termination of the contract. 
(b) LIMITATION OF COSTS.— 
(1) LIMITATION.—Except as provided in sub-
section (c), and excluding amounts described in para-
graph (2), the total amount obligated or expended for 
the procurement of two advanced extremely high fre-
quency satellites authorized by subsection (a) may not 
exceed $3,100,000,000. 
(2) EXCLUSION.—The amounts described in this 
paragraph are amounts associated with the following: 
(A) Plans. 
(B) Technical data packages. 
(C) Post-delivery and program-related sup-
port costs. 
(D) Technical support for obsolescence stud-
ies. 
(c) ADJUSTMENT TO LIMITATION AMOUNT.—
† HR 1540 EAS 
paragraph (1)(A) to improve the capability of mili-
tary satellite communications that includes a descrip-
tion of the following: 
(A) The available funds, by year, resulting 
from such cost savings. 
(B) The specific activities or subprograms 
to be funded using such cost savings and the 
funds, by year, allocated to each such activity or 
subprogram. 
(C) The objectives for each such activity or 
subprogram. 
(D) The criteria used by the Secretary to 
determine which such activities or subprograms 
to fund. 
(E) The method by which the Secretary will 
determine which such activities or subprograms 
to fund, including whether that determination 
will be on a competitive basis. 
(F) The plan for encouraging participation 
in such activities and subprograms by small 
businesses. 
(G) The process for determining how and 
when such activities and subprograms would 
transition to an existing program or be estab-
lished as a new program of record.
† HR 1540 EAS 
(e) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE 
NUMBER 5 FOR SPACE VEHICLE NUMBER 6.—The Sec-
retary may obligate and expend amounts authorized to be 
appropriated for fiscal year 2012 by section 101 for pro-
curement for the Air Force as specified in the funding table 
in section 4101 and available for the advanced procurement 
of long-lead parts and the replacement of obsolete parts for 
advanced extremely high frequency satellite space vehicle 
number 5 for the advanced procurement of long-lead parts 
and the replacement of obsolete parts for advanced ex-
tremely high frequency satellite space vehicle number 6. 
(f) SENSE OF CONGRESS.—It is the sense of Congress 
that the Secretary should not enter into a fixed-price con-
tract under subsection (a) for the procurement of two ad-
vanced extremely high frequency satellites unless the Sec-
retary determines that entering into such a contract will 
save the Air Force not less than 20 percent over the cost 
of procuring two such satellites separately. 
SEC. 132. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR 
RESEARCH AND DEVELOPMENT RELATING TO 
THE B–2 BOMBER AIRCRAFT. 
Of the unobligated balance of amounts appropriated 
for fiscal year 2011 for the Air Force and available for pro-
curement of B–2 bomber aircraft modifications, post-pro-
duction support, and other charges, $20,000,000 shall be
† HR 1540 EAS 
available for fiscal year 2012 for research, development, test, 
and evaluation with respect to a conventional mixed load 
capability for the B–2 bomber aircraft. 
SEC. 133. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO 
SUPPORT ALTERNATIVE OPTIONS FOR EX-
TREMELY HIGH FREQUENCY TERMINAL IN-
CREMENT 1 PROGRAM OF RECORD. 
(a) IN GENERAL.—Of the unobligated balance of 
amounts appropriated for fiscal year 2011 for the Air Force 
and available for procurement of B–2 bomber aircraft air-
craft modifications, post-production support, and other 
charges, $15,000,000 shall be available to support alter-
native options for the extremely high frequency terminal In-
crement 1 program of record. 
(b) PLAN
TO
SECURE
PROTECTED
COMMUNICA-
TIONS.—Not later than February 1, 2012, the Secretary of 
the Air Force shall submit to the congressional defense com-
mittees a plan to provide an extremely high frequency ter-
minal for secure protected communications for the B–2 
bomber aircraft and other aircraft. 
SEC. 134. LIMITATIONS ON USE OF FUNDS TO RETIRE B–1 
BOMBER AIRCRAFT. 
(a) IN GENERAL.—None of the funds authorized to be 
appropriated by this Act for fiscal year 2012 for the De-
partment of Defense may be obligated or expended—
† HR 1540 EAS 
(1) on or before the date on which the Secretary 
of the Air Force submits to the congressional defense 
committees the plan described in subsection (b), to re-
tire any B–1 bomber aircraft; or 
(2) after that date, to retire more than six B– 
1 bomber aircraft. 
(b) PLAN DESCRIBED.—The plan described in this 
subsection is a plan for retiring B–1 bomber aircraft that 
includes the following: 
(1) An identification of each B–1 bomber air-
craft that will be retired and the disposition plan for 
such aircraft. 
(2) An estimate of the savings that will result 
from the proposed retirement of six B–1 bomber air-
craft in each calendar year through calendar year 
2022. 
(3) An estimate of the amount of the savings de-
scribed in paragraph (2) that will be reinvested in the 
modernization of B–1 bomber aircraft still in service 
in each calendar year through calendar year 2022. 
(4) A modernization plan for sustaining the re-
maining B–1 bomber aircraft through at least cal-
endar year 2022. 
(5) An estimate of the amount of funding re-
quired to fully fund the modernization plan described
† HR 1540 EAS 
in paragraph (4) for each calendar year through cal-
endar year 2022. 
(c) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) an amount that is not less than 60 percent 
of the savings achieved in each calendar year through 
calendar year 2022 resulting from the retirement of 
B–1 bomber aircraft should be reinvested in modern-
izing and sustaining bomber aircraft; and 
(2) an amount that is not less than 35 percent 
of the amount described in paragraph (1) should be 
reinvested in modernizing and sustaining the remain-
ing B–1 bomber aircraft through at least calendar 
year 2022. 
SEC. 135. LIMITATION ON RETIREMENT OF U–2 AIRCRAFT. 
(a) LIMITATION.—The Secretary of the Air Force may 
take no action that would prevent the Air Force from main-
taining the U–2 aircraft fleet in its current configuration 
and capability beyond fiscal year 2016 until the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics 
certifies in writing to the appropriate committees of Con-
gress that the operating and sustainment (O&S) costs for 
the Global Hawk unmanned aerial vehicle (UAV) are less 
than the operating and sustainment costs for the U–2 air-
craft on a comparable flight-hour cost basis.
† HR 1540 EAS 
under subsection (a), the Secretary shall transfer title of 
the aircraft to the State without charge to the State. The 
Secretary shall provide a reasonable amount of time for ac-
ceptance of the offer. 
(c) USE.—Notwithstanding the transfer of title to an 
aircraft to a State under this section, the aircraft may con-
tinue to be utilized by the National Guard of the State in 
State status using National Guard crews in that status. 
(d) SUSTAINMENT.—Immediately upon transfer of 
title to an aircraft to the State under this section, the State 
shall assume all costs associated with operating, maintain-
ing, sustaining, and modernizing the aircraft. 
Subtitle D—Joint and Multiservice 
Matters 
SEC. 151. INCLUSION OF INFORMATION ON APPROVED 
COMBAT MISSION REQUIREMENTS IN QUAR-
TERLY REPORTS ON USE OF COMBAT MIS-
SION REQUIREMENT FUNDS. 
Section 123(b) of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111–383; 
124 Stat. 4159; 10 U.S.C. 167 note) is amended by adding 
at the end the following new paragraphs: 
‘‘(6) A table setting forth the Combat Mission 
Requirements approved during the fiscal year in
† HR 1540 EAS 
which such report is submitted and the two preceding 
fiscal years, including for each such Requirement— 
‘‘(A) the title of such Requirement; 
‘‘(B) the date of approval of such Require-
ment; and 
‘‘(C) the amount of funding approved for 
such Requirement, and the source of such ap-
proved funds. 
‘‘(7) A statement of the amount of any unspent 
Combat Mission Requirements funds from the fiscal 
year in which such report is submitted and the two 
preceding fiscal years.’’. 
SEC. 152. F–35 JOINT STRIKE FIGHTER AIRCRAFT. 
In entering into a contract for the procurement of air-
craft for the fifth low-rate initial production contract lot 
(LRIP–5) for the F–35 Lightning II Joint Strike Fighter 
aircraft, the Secretary of Defense shall ensure each of the 
following: 
(1) That the contract is a fixed price contract. 
(2) That the contract requires the contractor to 
assume full responsibility for costs under the contract 
above the target cost specified in the contract.
† HR 1540 EAS 
SEC. 153. REPORT ON PLAN TO IMPLEMENT WEAPON SYS-
TEMS ACQUISITION REFORM ACT OF 2009 
MEASURES WITHIN THE JOINT STRIKE FIGHT-
ER AIRCRAFT PROGRAM. 
At the same time the budget of the President for fiscal 
year 2013 is submitted to Congress pursuant to section 1105 
of title 31, United States Code, the Under Secretary for Ac-
quisition, Technology, and Logistics shall submit to the 
Committees on Armed Services of the Senate and the House 
of Representatives a report on the plans of the Department 
of Defense to implement the requirements of the Weapon 
Systems Acquisition Reform Act of 2009 (Public Law 111– 
23), and the amendments made by that Act, within the 
Joint Strike Fighter (JSF) aircraft program. The report 
shall set forth the following: 
(1) Specific goals for implementing the require-
ments of the Weapon Systems Acquisition Reform Act 
of 2009, and the amendments made by that Act, with-
in the Joint Strike Fighter aircraft program. 
(2) A schedule for achieving each goal set forth 
under paragraph (1) for the Joint Strike Fighter air-
craft program.
† HR 1540 EAS 
SEC. 154. MULTIYEAR PROCUREMENT AUTHORITY FOR AIR-
FRAMES FOR ARMY UH–60M/HH–60M HELI-
COPTERS AND NAVY MH–60R/MH–60S HELI-
COPTERS. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 
Subject to section 2306b of title 10, United States Code, the 
Secretary of the Army may enter into one or more 
multiyear contracts, beginning with the fiscal year 2012 
program year, for the procurement of airframes for UH– 
60M/HH–60M helicopters and, acting as the executive agent 
for the Department of the Navy, for the procurement of air-
frames for MH–60R/MH–60S helicopters. 
(b) CONDITION FOR OUT-YEAR PAYMENTS.—A con-
tract entered into under subsection (a) shall provide that 
any obligation of the United States to make a payment 
under the contract for a fiscal year after fiscal year 2012 
is subject to the availability of appropriations for that pur-
pose for such later fiscal year. 
SEC. 155. DESIGNATION OF UNDERSEA MOBILITY ACQUISI-
TION PROGRAM OF THE UNITED STATES SPE-
CIAL OPERATIONS COMMAND AS A MAJOR DE-
FENSE ACQUISITION PROGRAM. 
(a) DESIGNATION.—The Under Secretary of Defense 
for Acquisition, Technology, and Logistics shall designate 
the undersea mobility acquisition program of the United
† HR 1540 EAS 
States Special Operations Command as a major defense ac-
quisition program (MDAP). 
(b) ELEMENTS.—The major defense acquisition pro-
gram designated under subsection (a) shall consist of the 
elements as follows: 
(1) The Dry Combat Submersible-Light program. 
(2) The Dry Combat Submersible-Medium pro-
gram. 
(3) The Shallow Water Combat Submersible pro-
gram. 
(4) The Next-Generation Submarine Shelter pro-
gram. 
SEC. 156. TRANSFER OF AIR FORCE C–12 LIBERTY INTEL-
LIGENCE, SURVEILLANCE, AND RECONNAIS-
SANCE AIRCRAFT TO THE ARMY. 
(a) PLAN FOR TRANSFER.—The Secretary of Defense 
shall develop and carry out a plan for the orderly transfer 
of the Air Force C–12 Liberty Intelligence, Surveillance, 
and Reconnaissance (ISR) aircraft to the Army to avoid 
the need for the Army to procure additional C–12 aircraft 
for the replacement of the Guardrail aircraft fleet under the 
Enhanced Medium Altitude Reconnaissance and Surveil-
lance System (EMARSS) program. 
(b) ELEMENTS.—The plan required by subsection (a) 
shall—
† HR 1540 EAS 
(1) take into account the ability of Army per-
sonnel now operating the Guardrail aircraft to take 
over operation of C–12 Liberty aircraft as Guardrail 
aircraft are retired, freeing up Air Force personnel 
for reallocation to meet the expanding orbit require-
ments for Unmanned Aerial Systems; 
(2) take into account the need to sustain intel-
ligence, surveillance, and reconnaissance support for 
forces deployed to Afghanistan and elsewhere; and 
(3) provide for the modification of the Liberty 
C–12 aircraft transferred under the plan to meet the 
long-term needs of the Army for the Enhanced Me-
dium Altitude Reconnaissance and Surveillance Sys-
tem configuration to replace the Guardrail system. 
(c) REPORT.—Not later than the date on which the 
budget for fiscal year 2013 is submitted to Congress pursu-
ant to section 1105 of title 31, United States Code, the Sec-
retary shall submit to the congressional defense and intel-
ligence committees a report on the plan required by sub-
section (a). The report shall include a description of the 
plan and an estimate of the costs to be avoided through can-
cellation of aircraft procurement under the Enhanced Me-
dium Altitude Reconnaissance and Surveillance System 
program by reason of the transfer of aircraft under the 
plan.
† HR 1540 EAS 
SEC. 157. JOINT SURVEILLANCE TARGET ATTACK RADAR 
SYSTEM AIRCRAFT RE-ENGINING PROGRAM. 
(a) REPORT ON AUDIT OF FUNDS FOR PROGRAM.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Air Force 
Audit Agency shall submit to the congressional de-
fense committees the results of a financial audit of the 
funds previously authorized and appropriated for the 
Joint Surveillance Target Attack Radar System 
(JSTARS) aircraft re-engining program. 
(2) ELEMENTS.—The report on the audit re-
quired by paragraph (1) shall include the following: 
(A) A description of how the funds described 
in that paragraph were expended, including— 
(i) an assessment of the existence, com-
pleteness, and cost of the assets acquired 
with such funds; and 
(ii) an assessment of the costs that 
were capitalized as military equipment and 
inventory and the cost characterized as op-
erating expenses (including payroll, freight 
and shipment, inspection, and other oper-
ating costs). 
(B) A statement of the amount of such 
funds that remain available for obligation and 
expenditure, and in which accounts.
† HR 1540 EAS 
(b) USE OF REMAINING FUNDS.—The Secretary of the 
Air Force shall take appropriate actions to ensure that any 
funds described by subsection (a)(2)(B) are obligated and 
expended for the purpose for which originally authorized 
and appropriated, including, but not limited to, the instal-
lation of two engine shipsets on two operational Joint Sur-
veillance Target Attack Radar System aircraft and the pur-
chase of two spare engines. 
SEC. 158. REPORT ON PROBATIONARY PERIOD IN DEVELOP-
MENT OF SHORT TAKE-OFF, VERTICAL LAND-
ING VARIANT OF THE JOINT STRIKE FIGHT-
ER. 
Not later than 45 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the development 
of the short take-off, vertical landing variant of the Joint 
Strike Fighter (otherwise known as the F–35B Joint Strike 
Fighter) that includes the following: 
(1) An identification of the criteria that the Sec-
retary determines must be satisfied before the F–35B 
Joint Strike Fighter can be removed from the two- 
year probationary status imposed by the Secretary on 
or about January 6, 2011. 
(2) A mid-probationary period assessment of—
† HR 1540 EAS 
(A) the performance of the F–35B Joint 
Strike Fighter based on the criteria described in 
paragraph (1); and 
(B) the technical issues that remain in the 
development program for the F–35B Joint Strike 
Fighter. 
(3) A plan for how the Secretary intends to re-
solve the issues described in paragraph (2)(B) before 
January 6, 2013. 
SEC. 159. AUTHORITY FOR EXCHANGE WITH UNITED KING-
DOM OF SPECIFIED F–35 LIGHTNING II JOINT 
STRIKE FIGHTER AIRCRAFT. 
(a) AUTHORITY.— 
(1) EXCHANGE AUTHORITY.—In accordance with 
subsection (c), the Secretary of Defense may transfer 
to the United Kingdom of Great Britain and North-
ern Ireland (in this section referred to as the ‘‘United 
Kingdom’’) all right, title, and interest of the United 
States in and to an aircraft described in paragraph 
(2) in exchange for the transfer by the United King-
dom to the United States of all right, title, and inter-
est of the United Kingdom in and to an aircraft de-
scribed in paragraph (3). The Secretary may execute 
the exchange under this section on behalf of the
† HR 1540 EAS 
United States only with the concurrence of the Sec-
retary of State. 
(2) AIRCRAFT
TO
BE
EXCHANGED
BY
UNITED 
STATES.—The aircraft authorized to be transferred by 
the United States under this subsection is an F–35 
Lightning II aircraft in the Carrier Variant configu-
ration acquired by the United States for the Marine 
Corps under a future Joint Strike Fighter program 
contract referred to as the Low-Rate Initial Produc-
tion 6 contract. 
(3) AIRCRAFT
TO
BE
EXCHANGED
BY
UNITED 
KINGDOM.—The aircraft for which the exchange under 
paragraph (1) may be made is an F–35 Lightning II 
aircraft in the Short-Take Off and Vertical Landing 
configuration that, as of November 19, 2010, is being 
acquired on behalf of the United Kingdom under an 
existing Joint Strike Fighter program contract re-
ferred to as the Low-Rate Initial Production 4 con-
tract. 
(b) FUNDING FOR PRODUCTION OF AIRCRAFT.— 
(1) FUNDING SOURCES FOR AIRCRAFT TO BE EX-
CHANGED BY UNITED STATES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), funds for production of the 
aircraft to be transferred by the United States
† HR 1540 EAS 
(including the propulsion system, long lead-time 
materials, the production build, and deficiency 
corrections) may be derived from appropriations 
for Aircraft Procurement, Navy, for the aircraft 
under the contract referred to in subsection 
(a)(2). 
(B) EXCEPTION.—Costs for flight test in-
strumentation of the aircraft to be transferred by 
the United States and any other non-recurring 
and recurring costs for that aircraft associated 
with unique requirements of the United Kingdom 
may not be borne by the United States. 
(2) FUNDING SOURCES FOR AIRCRAFT TO BE EX-
CHANGED BY UNITED KINGDOM.—Costs for upgrades 
and modifications of the aircraft to be transferred to 
the United States that are necessary to bring that air-
craft to the Low-Rate Initial Production 6 configura-
tion under the contract referred to in subsection 
(a)(2) may not be borne by the United States. 
(c) IMPLEMENTATION.—The exchange under this sec-
tion shall be implemented pursuant to the memorandum of 
understanding titled ‘‘Joint Strike Fighter Production, 
Sustainment, and Follow-on Development Memorandum of 
Understanding’’, which entered into effect among nine na-
tions including the United States and the United Kingdom
† HR 1540 EAS 
on December 31, 2006, consistent with section 27 of the 
Arms Export Control Act (22 U.S.C. 2767), and as supple-
mented as necessary by the United States and the United 
Kingdom. 
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2012 for the use of the Department of Defense for 
research, development, test, and evaluation as specified in 
the funding table in section 4201. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. PROHIBITIONS RELATING TO USE OF FUNDS FOR 
RESEARCH, DEVELOPMENT, TEST, AND EVAL-
UATION ON THE F136 ENGINE. 
(a) PROHIBITION ON USE OF FUNDS FOR RDT&E.— 
None of the amounts authorized to be appropriated by this 
Act may be obligated or expended for research, development, 
test, or evaluation on the F136 engine. 
(b) PROHIBITION ON TREATMENT OF CERTAIN EX-
PENDITURES AS ALLOWABLE CHARGES.—No research, de-
† HR 1540 EAS 
velopment, test, or evaluation on the F136 engine that is 
conducted and funded by the contractor may be considered 
an allowable charge on any future government contract, 
whether as a direct or indirect cost. 
SEC. 212. LIMITATION ON USE OF FUNDS FOR INCREMENT 
2 OF B–2 BOMBER AIRCRAFT EXTREMELY 
HIGH FREQUENCY SATELLITE COMMUNICA-
TIONS PROGRAM. 
None of the funds authorized to be appropriated by sec-
tion 201 for research, development, test, and evaluation for 
the Air Force as specified in the funding table in section 
4201 and available for Increment 2 of the B–2 bomber air-
craft extremely high frequency satellite communications 
program may be obligated or expended until the date that 
is 15 days after the date on which the Secretary of the Air 
Force submits to the congressional defense committees the 
following: 
(1) The certification of the Secretary that— 
(A) the United States Government will own 
the data rights to any extremely high frequency 
active electronically steered array antenna devel-
oped for use as part of a system to support ex-
tremely high frequency protected satellite com-
munications for the B–2 bomber aircraft; and
† HR 1540 EAS 
(B) the use of an extremely high frequency 
active electronically steered array antenna is the 
most cost effective and lowest risk option avail-
able to support extremely high frequency satellite 
communications for the B–2 bomber aircraft. 
(2) A detailed plan setting forth the projected 
cost and schedule for research, development, and test-
ing on the extremely high frequency active electroni-
cally steered array antenna. 
SEC. 213. UNMANNED CARRIER LAUNCHED AIRBORNE SUR-
VEILLANCE AND STRIKE. 
Of the amounts authorized to be appropriated for fiscal 
year 2012 for the Navy for research, development, test, and 
evaluation and available for purposes of the Unmanned 
Carrier Launched Airborne Surveillance and Strike 
(UCLASS) program (PE 64404N) as specified in the fund-
ing table in section 4201, not more than 50 percent may 
be obligated or expended for such purposes until the Under 
Secretary of Defense for Acquisition, Technology, and Lo-
gistics certifies to the congressional defense committees that 
the Under Secretary has approved an acquisition plan for 
that program at Milestone A approval that requires imple-
mentation of open architecture standards for that program.
† HR 1540 EAS 
SEC. 214. MARINE CORPS GROUND COMBAT VEHICLES. 
(a) LIMITATION ON MILESTONE B APPROVAL FOR MA-
RINE PERSONNEL CARRIER PENDING ANALYSIS OF ALTER-
NATIVES FOR AMPHIBIOUS COMBAT VEHICLE.— 
(1) LIMITATION.—Milestone B approval may not 
be granted for the Marine Personnel Carrier (MPC) 
until 30 days after the date of the submittal to the 
congressional defense committees of an Analysis of Al-
ternatives (AoA) for the Amphibious Combat Vehicle 
(ACV). 
(2) REQUIREMENTS FOR ANALYSIS OF ALTER-
NATIVES.—The Analysis of Alternatives for the Am-
phibious Combat Vehicle required by paragraph (1) 
shall include each of the following: 
(A) An assessment of the ability of the Navy 
to defend its vessels against attacks at distances 
from shore ranging from 10-to-30 nautical miles 
during amphibious assault operations in mul-
tiple potential future conflict scenarios, based on 
existing and planned and budgeted defense capa-
bilities. The assessment shall identify the key 
issues and variables that determine survivability 
in each of the scenarios assessed. 
(B) An assessment of the amount of time 
Marines can be expected to ride in a non- 
planing amphibious assault vehicle without suf-
† HR 1540 EAS 
fering a significant degradation in combat effec-
tiveness. The Marine Corps shall conduct tests to 
support such assessment using existing Amphib-
ious Assault Vehicles and Expeditionary Fight-
ing Vehicle SDD–2 prototypes. 
(C) An assessment of the armor protection 
levels the Amphibious Combat Vehicle would re-
quire to satisfy the requirements for the Marine 
Personnel Carrier program, and an assessment 
whether a non-planing Amphibious Combat Ve-
hicle could practically achieve that armor protec-
tion level while meeting other objectives for mo-
bility and cost. 
(D) An assessment of whether an Amphib-
ious Combat Vehicle system could perform the 
range of amphibious assault and land warfare 
missions for the Marine Corps at a life-cycle cost 
approximately equal to or less than the combined 
cost of the Amphibious Combat Vehicle and Ma-
rine Personnel Carrier programs, and an assess-
ment of the extent to which a ground combat ve-
hicle fleet composed entirely of Amphibious Com-
bat Vehicles would enhance the amphibious as-
sault capabilities of the Marine Corps when com-
pared with a fleet composed of a mixture of Am-
† HR 1540 EAS 
phibious Combat Vehicles and Marine Personnel 
Carriers. 
(3) SUPPORT OF ANALYSIS OF ALTERNATIVES.— 
The Marine Corps may conduct such technology devel-
opment and demonstration, and such other pre-acqui-
sition activities, tests, exercises, and modeling, as the 
Marine Corps considers necessary to support the 
Analysis of Alternatives required by paragraph (1) 
and the establishment of requirements for the Am-
phibious Combat Vehicle. 
(b) LIMITATION ON MILESTONE B APPROVAL FOR VAR-
IOUS
VEHICLES
PENDING
LIFE-CYCLE
COST
ASSESS-
MENT.— 
(1) LIMITATION.—Milestone B approval may not 
be granted for any Marine Corps ground combat vehi-
cle specified in paragraph (2) until 30 days after the 
date of the submittal to the congressional defense com-
mittees of a life-cycle cost assessment of the portfolio 
of Marine Corps ground vehicles performed by the Di-
rector of Cost Assessment and Program Evaluation of 
the Department of Defense. 
(2) COVERED
VEHICLES.—The Marine Corps 
ground combat vehicles specified in this paragraph 
are the following: 
(A) The Marine Personnel Carrier.
† HR 1540 EAS 
(B) The Amphibious Combat Vehicle. 
(C) The Joint Light Tactical Vehicle 
(JLTV). 
(D) Any other ground combat vehicle of the 
Marine Corps under development as of the date 
of the enactment of this Act for which Milestone 
B approval has not been granted as of that date. 
(c) AVAILABILITY OF FUNDS.—Of the amounts author-
ized to be appropriated for fiscal year 2012 by section 201 
and available for research, development, test, and evalua-
tion for the Navy as specified in the funding tables in sec-
tion 4201 for Program Elements 0603611M and 0206623M 
for the Amphibious Combat Vehicle, the Assault Amphibious 
Vehicle 
7A1, 
and 
the 
Marine 
Personnel 
Carrier, 
$30,000,000 is available for pre-acquisition activities in 
support of the Analysis of Alternatives and requirements 
definition for the Amphibious Combat Vehicle. 
(d) MILESTONE B APPROVAL DEFINED.—In this sec-
tion, the term ‘‘Milestone B approval’’ has the meaning 
given that term in section 2366(e)(7) of title 10, United 
States Code.
† HR 1540 EAS 
Subtitle C—Missile Defense Matters 
SEC. 231. ENHANCED OVERSIGHT OF MISSILE DEFENSE AC-
QUISITION PROGRAMS. 
(a) IN GENERAL.—Section 225 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal Year 2011 (Pub-
lic Law 111–383; 124 Stat. 4170; 10 U.S.C. 233 note) is 
amended— 
(1) in subsection (d), by striking ‘‘each report’’ 
and inserting ‘‘each of the first three reports’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) COMPTROLLER GENERAL ASSESSMENT.—(1) At 
the end of each of fiscal years 2012 through 2015, the Comp-
troller General of the United States shall review the annual 
reports on acquisition baselines and variances required 
under subsection (c) and assess the extent to which the Mis-
sile Defense Agency has achieved its acquisition goals and 
objectives. 
‘‘(2) Not later than February 15, 2013, and each year 
thereafter through 2016, the Comptroller General shall sub-
mit to the congressional defense committees a report on the 
assessment under paragraph (1) with respect to the acquisi-
tion baselines for the preceding fiscal year. Each report 
shall include any findings and recommendations on missile
† HR 1540 EAS 
defense acquisition programs and accountability therefore 
that the Comptroller General considers appropriate.’’. 
(b) REPEAL OF SUPERSEDED REPORTING AUTHOR-
ITY.—Section 232 of the National Defense Authorization 
Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended 
by striking subsection (g). 
SEC. 232. GROUND-BASED MIDCOURSE DEFENSE PROGRAM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Ground-based Midcourse Defense (GMD) 
element of the Ballistic Missile Defense System was 
deployed initially in 2004 as a contingency capa-
bility to provide initial protection of the United 
States homeland against potential limited long-range 
missile attacks by nations such as North Korea and 
Iran. 
(2) As the Director of Operational Test and 
Evaluation has reported, prior to the decision in De-
cember 2002 to deploy the system, an operationally 
representative variant of the Ground-Based Inter-
ceptor had not been flight-tested. 
(3) As the Department of Defense and the Gov-
ernment Accountability Office have acknowledged, the 
Ground-based Midcourse Defense system experienced 
high levels of concurrency in development and deploy-
ment, which led to a number of problems. In April
† HR 1540 EAS 
2011, the Missile Defense Agency acknowledged that 
the system ‘‘is still evolving and has not attained a 
stable configuration between missiles. It is still an 
‘operational prototype’ system’’. 
(4) The Director of Operational Test and Eval-
uation reported in December 2010 that there have not 
been enough flight tests of the Ground-based Mid-
course Defense system to permit an objective assess-
ment of its operational effectiveness, suitability data 
remain insufficient, evaluation of survivability re-
mains limited, and a ‘‘full end-to end performance 
assessment is still a minimum of 6 years away’’. 
(5) As is to be expected from a developmental 
system, the Ground-based Midcourse Defense system 
has experienced a number of technical problems in 
flight tests. Many of these problems have been resolved 
with further development, as demonstrated in success-
ful flight tests. The system has been under continuous 
improvement since it was first deployed, but has not 
yet obtained desired levels of effectiveness, suitability, 
or reliability. 
(6) In 2009, the Secretary of Defense announced 
that the Department of Defense would refocus efforts 
on improving the operational capability, reliability, 
and availability of the Ground-based Midcourse De-
† HR 1540 EAS 
fense system in order to maintain its ability to stay 
ahead of projected threats from North Korea and Iran 
for the foreseeable future. 
(7) In February 2010 the Ballistic Missile De-
fense Review stated the United States is currently 
protected against limited intercontinental ballistic 
missile attacks as a result of investments made over 
the past decade in the Ground-based Midcourse De-
fense system and reiterated the commitment to im-
proving the operational capability, reliability, and 
availability of the Ground-based Midcourse Defense 
System. 
(8) The two most recent flight tests of the 
Ground-based Midcourse Defense system, using the 
newest Capability Enhancement-2 Exo-atmospheric 
Kill Vehicle (EKV) design, each failed to achieve the 
intended interception of a target. 
(9) The two most recent flight tests are not indic-
ative of the functionality of the Capability Enhance-
ment-1 Exo-atmospheric Kill Vehicle design, which 
continues to provide the United States protection 
against a limited intercontinental ballistic missile at-
tack. 
(10) The Missile Defense Agency established a 
Failure Review Board to determine the root cause of
† HR 1540 EAS 
the December 2010 flight-test failure of the Ground- 
based Midcourse Defense system. Its analysis will in-
form the proposed correction of the problem causing 
the flight-test failure. 
(11) The Missile Defense Agency plans to design 
a correction of the problem causing the December 
2010 flight-test failure and to verify the correction 
through extensive modeling and simulation, ground 
testing, and two flight tests, the first of which will not 
be an interception test. 
(12) Until completing the verification of its cor-
rective action, the Missile Defense Agency has sus-
pended further production of Exo-atmospheric Kill 
Vehicles to ensure that potential flaws are not incor-
porated into them, and to permit any corrective ac-
tion that may be needed to Exo-atmospheric Kill Ve-
hicles at minimal cost and schedule risk. 
(13) The Director of the Missile Defense Agency 
has testified that the Missile Defense Agency has suffi-
cient funding available and planned for fiscal years 
2011 and 2012, respectively, to implement the 
planned correction of the problem causing the Decem-
ber 2010 flight-test failure. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that—
† HR 1540 EAS 
(1) it is essential for the Ground-based Mid-
course Defense element of the Ballistic Missile Defense 
System to achieve the levels of reliability, availability, 
sustainability, and operational performance that will 
allow it to continue providing protection of the 
United States homeland, throughout its operational 
service life, against limited future missile attacks 
from nations such as North Korea and Iran; 
(2) the Missile Defense Agency should, as its 
highest priority, determine the root cause of the De-
cember 2010 flight-test failure of the Ground-based 
Midcourse Defense system, design a correction of the 
problem causing the flight-test failure, and verify 
through extensive testing that such correction is effec-
tive and will allow the Ground-based Midcourse De-
fense system to reach levels described in paragraph 
(1); 
(3) before verifying the success of the correction 
of the problem causing the December 2010 flight-test 
failure, the Missile Defense Agency should suspend 
further production of Exo-atmospheric Kill Vehicles to 
ensure that they will not be deployed with any com-
ponent or design flaws that may have caused the 
flight-test failure;
† HR 1540 EAS 
(4) after the Missile Defense Agency has verified 
the correction of the problem causing the December 
2010 flight-test failure, including through the two pre-
viously unplanned verification flight tests, the Agency 
should assess the need for any additional Ground- 
Based Interceptors and any additional steps needed 
for the Ground-based Midcourse Defense testing and 
sustainment program; and 
(5) the Department of Defense should plan for 
and budget sufficient future funds for the Ground- 
based Midcourse Defense program to ensure the abil-
ity to complete and verify an effective correction of 
the problem causing the December 2010 flight-test 
failure, and to mitigate the effects of corrective actions 
on previously planned program work that is deferred 
as a result of such corrective actions. 
(c) REPORTS.— 
(1) REPORTS REQUIRED.—Not later than 120 
days after the date of the enactment of this Act, and 
one year thereafter, the Secretary of Defense shall sub-
mit to the congressional defense committees a report 
describing the plan of the Department of Defense to 
correct the problem causing the December 2010 flight- 
test failure of the Ground-based Midcourse Defense