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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. 
(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 De-
fense 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 subcon-
tractor carrying out the covered contract. 
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(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. 
(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 ac-
tivities. 
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 civil-
ian employees, 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. 
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(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 De-
fense shall use the costing methodology outlined in the Di-
rective-Type Memorandum 09–007 (Estimating and Com-
paring the Full Costs of Civilian and Military Manpower 
and Contractor Support) or any successor guidance for the 
determination of costs when costs are the sole basis for 
the decision. The Secretary of a military department may 
issue supplemental guidance to assist in such decisions af-
fecting 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 re-
port on the decisions with respect to the conversion 
of functions to performance by Department of De-
fense civilian employees made during fiscal year 
2010. Such report shall identify, for each such deci-
sion— 
(A) the agency or service of the Depart-
ment involved in the decision; 
(B) the basis and rationale for the deci-
sion; and 
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(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 de-
fense committees an assessment of the report. 
SEC. 326. TREATMENT OF EMPLOYER CONTRIBUTIONS TO 
HEALTH BENEFITS AND RETIREMENT PLANS 
FOR PURPOSES OF COST-COMPARISONS OF 
CONTRACTOR AND CIVILIAN EMPLOYEE PER-
FORMANCE OF DEPARTMENT OF DEFENSE 
FUNCTIONS. 
Section 2463 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing new subsection (f): 
‘‘(f) TREATMENT OF CONTRIBUTIONS TO HEALTH 
AND RETIREMENT PLANS.—For purposes of conducting 
a cost comparison to determine whether to convert a func-
tion from contractor performance to performance by De-
partment of Defense civilian employee, the costs of em-
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ployer contributions made by the Department of Defense 
or by a contractor towards employer-sponsored health ben-
efits and retirement benefits plans shall not be considered 
unless, in the case of such contributions made by a con-
tractor, the contractor does not receive an advantage for 
reducing costs for the Department of Defense by— 
‘‘(1) not making an employer-sponsored health 
insurance plan available to the contractor employees 
who perform the function under the contract; 
‘‘(2) offering to such employees an employer- 
sponsored health benefits plan that requires the em-
ployer to contribute less towards the premium or 
subscription share than the amount that is paid by 
the Federal Government for health benefits for civil-
ian employees under chapter 89 of title 5, United 
States Code; or 
‘‘(3) offering to such employees a retirement 
benefit that, in any year, costs less than the annual 
retirement cost factor applicable to Federal employ-
ees under chapter 84 of title 5, United States 
Code.’’. 
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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.—Sub-
section (a) of section 489 of title 10, United States Code, 
is amended 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-numbered 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 report on military museums. In each 
such report, the Secretary shall identify all military muse-
ums that, during the most recently completed two fiscal- 
year period—’’ 
(b) REPEAL
OF REQUIRED REPORT ELEMENT.— 
Subsection (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 
section is amended to read as follows: 
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(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 
paragraph: 
‘‘(3) Each report under this section shall include, in 
an annex to the report, a copy of the annual corrosion 
report most recently submitted by the corrosion control 
and prevention executive of each military department 
under section 903(b)(5) of the Duncan Hunter National 
Defense Authorization 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 Authorization 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), 
respectively; and 
(2) in subsection (d), as so redesignated, by 
striking ‘‘or (d)’’. 
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(b) REPEAL OF REPORT ON DISPOSITION OF RE-
SERVE EQUIPMENT.—Title III of the John Warner Na-
tional Defense 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 amend-
ed 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 
Command and the North American Aerospace Defense 
Command (hereinafter in this section referred to as 
‘‘NORTHCOM’’) shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Serv-
ice of the House of Representatives a report on the Air 
Sovereignty Alert (hereinafter in this section referred to 
as ‘‘ASA’’) Mission and Operation Noble Eagle (herein-
after 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). 
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(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. 
(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 mis-
sion. 
(C) Any changes in threats which would 
allow for any change in number of ASA sites or 
force structure required to support the ASA 
mission. 
(D) Future ability to perform the ASA 
mission with current and programmed equip-
ment. 
(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 
infrastructure 
(nuclear 
plants, 
dams, 
bridges, and telecommunication nodes) and 
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HR 5136 RHUC 
national security (military bases and or-
gans of government); and 
(iii) an unclassified, notional area of 
responsibility conforming to the unclassi-
fied response time of unit represented 
graphically on a map and detailing total 
population covered and number of targets 
described in clause (ii). 
(3) Status of implementation of the rec-
ommendations made in the Government Account-
ability Office Report entitled ‘‘Actions Needed to 
Improve Management of Air Sovereignty Alert Oper-
ations to Protect U.S. Airspace’’ (GAO–09–184). 
(d) MEANS OF DELIVERY OF REPORT.—The report 
required by subsection (a) shall be unclassified, and 
NORTHCOM shall brief the Committees on Armed Serv-
ices of the Senate and House of Representatives at the 
appropriate 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 Serv-
ice of the House of Representatives a report describing 
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the feasibility and desirability of designating the Suppres-
sion of Enemy Air Defenses/Destruction of Enemy Air De-
fenses (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: 
(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. 
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(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). 
SEC. 336. REQUIREMENT TO UPDATE STUDY ON STRATEGIC 
SEAPORTS. 
The Commander of the United States Transportation 
Command shall update the study entitled ‘‘PORT LOOK 
2008 Strategic Seaports Study’’. In updating the study 
under this section, the commander shall consider the in-
frastructure in the vicinity of a strategic port, including 
bridges, roads, and rail, and any issues relating to the ca-
pacity and condition of such infrastructure. 
SEC. 337. STUDY AND REPORT ON FEASIBILITY OF JOINT 
USAGE OF THE NASA SHUTTLE LOGISTICS 
DEPOT. 
(a) STUDY.—The Secretary of Defense, in conjunc-
tion with the Administrator of the National Aeronautics 
and Space Administration, shall conduct a study of the 
feasibility of joint usage of the National Aeronautics and 
Space Administration Shuttle Logistics Depot in Cape Ca-
naveral, Florida, to supplement requirements for products 
and services in support of reset initiatives, Advanced 
Technology Clusters, engineering and reverse engineering 
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analysis, and development of innovative technology and 
processes to improve product procurement and reduce 
risk, cost, and cycle time of system delivery. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the committees on Armed Services of the Senate and 
House of Representatives a report on the study required 
under subsection (a). 
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 fol-
lowing 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 
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this section as a source of funding for the operation and 
maintenance of airfields of that department. 
‘‘(b) UNIFORM LANDING FEES.—The Secretary of 
Defense 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 
fiscal year in payment of landing fees imposed under this 
section for the use of a military airfield shall be credited 
to 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 air-
field for the same period and purposes as the appropria-
tion 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 Fis-
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cal 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 sub-
sections (d), (e), and (f), respectively. 
(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.— 
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(1) IN GENERAL.—Such section, as amended by 
subsection (a)(1) of this section, is further amend-
ed— 
(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 
section, 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 Army shall submit to Congress a report on the Arse-
nal Support 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 Na-
tional Defense Authorization Act for Fiscal Year 
2001 (Public Law 106–398; U.S.C. 4551 note), as 
amended by subsection (a)(1)(A), reflecting the Sec-
retary’s overall strategy to achieve desired results; 
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(2) performance goals for the Arsenal Support 
Program Initiative; and 
(3) outcome-focused performance measures to 
assess the progress the Army has made toward ad-
dressing the purposes of the Arsenal Support Pro-
gram Initiative. 
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’’. 
SEC. 344. LIMITATION ON OBLIGATION OF FUNDS FOR THE 
ARMY HUMAN TERRAIN SYSTEM. 
(a) LIMITATION.—Of the amounts authorized to be 
appropriated for the Human Terrain System (hereinafter 
in this section referred to as the ‘‘HTS’’) that are de-
scribed in subsection (b), not more than 50 percent of the 
amounts remaining unobligated as of the date of enact-
ment of this Act may be obligated until the Secretary of 
the Army submits to the congressional defense committees 
each of the following: 
(1) The independent assessment of the HTS 
called for in the report of the Committee on Armed 
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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 
statements. 
(3) A certification that policies, procedures, and 
guidance are in place to protect the integrity of so-
cial science researchers participating in HTS, includ-
ing ethical guidelines and human studies research 
procedures. 
(b) COVERED
AUTHORIZATIONS
OR
APPROPRIA-
TIONS.—The amounts authorized to be appropriated de-
scribed in this subsection are amounts authorized to be 
appropriated for fiscal year 2011, including such amounts 
authorized to be appropriated for oversees contingency op-
erations, 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. 
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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 
information cited in the classified annex accompanying 
this Act relating to the provision of classified justification 
material to Congress is provided to the congressional de-
fense committees. 
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 
Secretary submits to the congressional defense committees 
a written agreement between the Director of the Air Na-
tional Guard, the Commander of Air Force Reserve Com-
mand, and the Chief of Staff of the Air Force. The agree-
ment 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. 
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(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 fund-
ing aircraft operations and maintenance, in fiscal 
year 2011, and detailed description of budgetary re-
sponsibilities through the remaining period the air-
craft are on loan to the Air Force. 
(5) The designation of responsibility for fund-
ing depot maintenance requirements or modifications 
to the aircraft during the period the aircraft are on 
loan with the Air Force, or otherwise generated as 
a result of transfer. 
(6) The locations from which the C–130 air-
craft 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). 
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(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 Re-
serve 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 Re-
serve to accomplish their respective missions. 
SEC. 347. COMMERCIAL SALE OF SMALL ARMS AMMUNI-
TION IN EXCESS OF MILITARY REQUIRE-
MENTS. 
(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 
commercial sale or certified by the Secretary of Defense 
as unserviceable or unsafe, may not be demilitarized or 
destroyed and shall be made available for commercial sale. 
(b) DEADLINE FOR GUIDANCE.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall issue guidance to ensure compli-
ance with subsection (a). Not later than 15 days after 
issuing such guidance, the Secretary shall submit to the 
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congressional 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 im-
plementing the Air Force fiscal year 2011 Force Structure 
Announcement until 45 days after— 
(1) the Secretary of the Air Force provides a 
detailed report to the Committees on Armed Services 
of the Senate and House of Representatives on the 
follow-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 Sov-
ereignty Alert Mission will be fully resourced with 
required funding, personnel, and aircraft. 
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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 De-
fense may prescribe a process for expediting the comple-
tion of the background investigations necessary for grant-
ing security clearances for— 
‘‘(1) Department of Defense personnel and De-
partment of Defense contractor personnel who are 
engaged in sensitive duties that are critical to the 
national 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 re-
tired or separated for physical disability pursuant to 
chapter 61 of this title.’’; and 
(2) by adding at the end the following new sub-
section: 
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‘‘(f) USE OF APPROPRIATED FUNDS.—The Secretary 
of Defense may use funds authorized to be appropriated 
to the Department of Defense for operation and mainte-
nance to conduct background investigations under this 
section for individuals described in subsection (a)(2).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to a background 
investigation 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 ani-
mals’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(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 
in action, dies of wounds received in action, or is so seri-
ously wounded in action that the member will (or most 
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likely will) receive a medical discharge. If the Secretary 
of the military department concerned determines that an 
adoption is justified in such a situation, the military work-
ing dog shall be made available for adoption only by the 
immediate 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 
‘‘Whenever’’; 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 fol-
lowing: ‘‘, except that in the case of transportation 
provided in response to an emergency, a disaster, or 
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a request for humanitarian assistance, any amount 
charged for such transportation may not exceed the 
cost of providing 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 
transportation provided in response to an emer-
gency, a disaster, or a request for humanitarian as-
sistance 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 
DURING CONTINGENCIES OR DISASTER RESPONSES.—(1) 
During the 5-year period beginning on the date of the en-
actment of the National Defense Authorization Act for 
Fiscal Year 2011, when space is available on vessels, vehi-
cles, or aircraft operated by the Department of Defense 
and the Secretary of Defense determines that operations 
in the area of a contingency operation or disaster response 
would be facilitated if allied forces or civilians were to be 
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transported using such vessels, vehicles, or aircraft, the 
Secretary may provide such transportation on a noninter-
ference 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 trans-
portation 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.’’. 
(d) CONFORMING AMENDMENT.—Section 2648 of 
such title is amended by inserting ‘‘, vehicles, or aircraft’’ 
after ‘‘vessels’’ in the matter preceding paragraph (1). 
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(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.’’. 
SEC. 354. TECHNICAL CORRECTION TO OBSOLETE REF-
ERENCE RELATING TO USE OF FLEXIBLE 
HIRING AUTHORITY TO FACILITATE PER-
FORMANCE OF CERTAIN DEPARTMENT OF 
DEFENSE FUNCTIONS BY CIVILIAN EMPLOY-
EES. 
Section 2463(d)(1) of title 10, United States Code, 
is amended by striking ‘‘under the National Security Per-
sonnel System, as established’’. 
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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 
Department’s annual budget submission and to sup-
port decision making inside the budget process. In 
carrying out the inventory, the Comptroller General 
shall identify the purpose, scope, and levels of vali-
dation, verification, and accreditation of each such 
model and simulation. 
(2) REPORT.—Not later than December 1, 
2010, the Comptroller General shall submit to Com-
mittees on Armed Services of the Senate and House 
of Representatives and the Secretary of Defense a 
report on the inventory under paragraph (1) and the 
findings of the Comptroller General in carrying out 
the inventory. 
(b) STUDY.— 
(1) STUDY REQUIRED.—By not later than Jan-
uary 15, 2011, the Secretary of Defense shall seek 
to enter into a contract with a federally funded re-
search and development center to carry out a study 
examining the requirements for and capabilities of 
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modeling and simulation tools used by the Depart-
ment of Defense to support the annual budget proc-
ess. A contract entered into under this paragraph 
shall specify that in carrying out the study, the cen-
ter 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; 
(D) provide recommendations as to how 
the Department should best address the re-
quirements and fill the capabilities gaps identi-
fied under subparagraph (C); 
(E) identify annual investment levels in 
modeling and simulation tools and certifications 
required to achieve a high degree of confidence 
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in the relationship between the Department’s 
mission effectiveness and the budget materials 
submitted to the President by the Secretary of 
Defense in connection with the submission to 
Congress, 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. 
(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 para-
graph (1) shall submit to the Committees on Armed 
Services of the Senate and House of Representatives 
a report on the findings of the study. 
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SEC. 356. SENSE OF CONGRESS REGARDING CONTINUED 
IMPORTANCE OF HIGH-ALTITUDE AVIATION 
TRAINING SITE, COLORADO. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The High-Altitude Aviation Training Site in 
Gypsum, Colorado, is the only Department of De-
fense aviation school that provides an opportunity 
for rotor-wing military pilots to train in high-alti-
tude, 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 Con-
gress that— 
(1) the High-Altitude Army Aviation Training 
Site continues to be critically important to ensuring 
the readiness and capabilities of rotor-wing military 
pilots; and 
(2) the Department of Defense should take all 
appropriate actions to prevent encroachment on the 
High-Altitude Army Aviation Training Site. 
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SEC. 357. DEPARTMENT OF DEFENSE STUDY ON SIMU-
LATED TACTICAL FLIGHT TRAINING IN A SUS-
TAINED G ENVIRONMENT. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a study on the effectiveness of simulated tac-
tical flight training in a sustained g environment. In con-
ducting 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 re-
quired 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 
submit the results of the study to the congressional de-
fense committees. 
SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF 
OBSTRUCTIONS 
ON 
MILITARY 
INSTALLA-
TIONS AND OPERATIONS. 
(a) DESIGNATION
OF
DEPARTMENT
ORGANIZA-
TION.—Not later than 60 days after the date of the enact-
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ment 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 sec-
tion. 
(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 
Secretary of Defense shall carry out a study to iden-
tify any areas where military installations and mili-
tary operations, including the use of air navigation 
facilities, 
navigable 
airspace, 
military 
training 
routes, and air defense radars, could be affected by 
any proposed construction, alteration, establishment, 
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or expansion of a structure described in section 
44718 of title 49, United States Code. 
(2) MILITARY
MISSION
IMPACT
ZONES.—The 
Secretary of Defense shall publish a notice of the 
areas identified pursuant to the study under para-
graph (1). Such areas shall be known as ‘‘military 
mission impact 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 assess-
ment 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, in-
cluding 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 
Training Route Program, carried out jointly by the 
Federal Aviation Administration and the Secretary 
Defense, for use by the Armed Forces for the pur-
pose of conducting low-altitude, high-speed military 
training. 
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(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 military 
training routes, air defense radars, special use air-
space, warning areas, and other military related sys-
tems. 
SEC. 359. SENSE OF CONGRESS REGARDING FIRE-RESIST-
ANT UTILITY ENSEMBLES FOR NATIONAL 
GUARD PERSONNEL IN CIVIL AUTHORITY 
MISSIONS. 
It is the sense of Congress that the Chief of the Na-
tional Guard Bureau should issue fire-resistant utility en-
sembles to National Guard personnel who are engaged, or 
likely to become engaged, in defense support to civil au-
thority missions that routinely involve serious fire hazards, 
such as wildfire recovery efforts. 
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SEC. 360. AUTHORITY TO MAKE EXCESS NONLETHAL SUP-
PLIES AVAILABLE FOR DOMESTIC EMER-
GENCY ASSISTANCE. 
(a) DOMESTIC AUTHORITY.—Section 2557 of title 
10, United States Code, is amended— 
(1) in subsection (a)(1), by adding at the end 
the following new sentence: ‘‘In addition, the Sec-
retary may make nonlethal excess supplies of the 
Department available to support domestic emergency 
assistance activities.’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘(1)’’ before ‘‘Excess’’; 
and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) Excess supplies made available under this sec-
tion to support domestic emergency assistance activities 
shall be transferred to the Secretary of Homeland Secu-
rity. The Secretary of Defense may provide assistance in 
the distribution of such supplies at the request of the Sec-
retary of Homeland Security.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
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‘‘§ 2557. Excess nonlethal supplies: availability for hu-
manitarian relief, domestic emergency 
assistance, and homeless veterans assist-
ance’’. 
(2) TABLE OF SECTIONS.—The item relating to 
such section in the table of sections at the beginning 
of chapter 152 of such title is amended to read as 
follows: 
‘‘2557. Excess nonlethal supplies: availability for humanitarian relief, domestic 
emergency assistance, and homeless veterans assistance.’’. 
SEC. 361. RECOVERY OF MISSING DEPARTMENT OF DE-
FENSE PROPERTY. 
(a) IN GENERAL.—Section 2789 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 2789. Recovery of Department of Defense property: 
unauthorized or improper disposition 
‘‘(a) PROHIBITIONS.—No member of the armed 
forces, civilian employee of the Government, employee or 
agent of a contractor, or any other person may sell, lend, 
pledge, barter, give, transfer, or otherwise dispose of any 
clothing, arms, articles, equipment, or any other military 
or Department of Defense property— 
‘‘(1) to any person not authorized to receive the 
property in accordance with applicable requirements 
established by the Department of Defense or a com-
ponent thereof; or 
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‘‘(2) in violation of applicable demilitarization 
regulations of the Department of Defense or a com-
ponent thereof. 
‘‘(b) SEIZURE OF IMPROPERLY DISPOSED OF PROP-
ERTY.—If a member of the armed forces, civilian employee 
of the Government, employee or agent of a contractor, or 
any other person has improperly disposed of military or 
Department of Defense property in violation of subsection 
(a), any civil or military officer of the United States or 
any State or local law enforcement official may seize the 
property, wherever found. Title to military or Department 
of Defense property disposed of in violation of subsection 
(a) remains with the United States. Possession of such 
property by a person who is neither a member of the 
armed forces nor an official of the United States is prima 
facie evidence that the property has been disposed of in 
violation of subsection (a). 
‘‘(c) DELIVERY OF SEIZED PROPERTY.—Any official 
who seizes property under subsection (b) and is not au-
thorized to retain it for the United States shall imme-
diately deliver the property to an authorized member of 
the armed forces or other authorized official of the De-
partment of Defense or the Department of Justice. 
‘‘(d) RETROACTIVE ENFORCEMENT AUTHORIZED.— 
This section shall apply to any military or Department of 
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Defense property which was the subject of unauthorized 
disposition any time after January 1, 2002. This section 
shall apply to significant military equipment which was the 
subject of unauthorized disposition at any time. 
‘‘(e) SEVERABILITY CLAUSE.—In the event that any 
portion of this section is held unenforceable, all other por-
tions of this section shall remain in full force and effect. 
‘‘(f) DEFINITION.—In this section, the term ‘signifi-
cant military equipment’ means defense articles on the 
United States Munitions List for which special export con-
trols are warranted because of their capacity for substan-
tial military utility or capability.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
such section in the table of sections at the beginning of 
chapter 165 of such title is amended to read as follows: 
‘‘2789. Recovery of Department of Defense property: unauthorized or improper 
disposition.’’. 
SEC. 362. AUTHORITY FOR PAYMENT OF FULL REPLACE-
MENT VALUE FOR LOSS OR DAMAGE TO 
HOUSEHOLD GOODS IN LIMITED CASES NOT 
COVERED BY CARRIER LIABILITY. 
(a) CLAIMS AUTHORITY.— 
(1) IN
GENERAL.—Chapter 163 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
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‘‘§ 2740. Property loss: reimbursement of members 
and civilian employees for full replace-
ment value of household effects when 
contractor reimbursement not available 
‘‘The Secretary of Defense and the Secretaries of the 
military departments, in paying a claim under section 
3721 of title 31 arising from loss or damage to household 
goods stored or transported at the expense of the Depart-
ment of Defense, may pay the claim on the basis of full 
replacement value in any of the following cases in which 
reimbursement for the full replacement value for the loss 
or damage is not available directly from a carrier under 
section 2636a of this title: 
‘‘(1) A case in which— 
‘‘(A) the lost or damaged goods were 
stored or transported under a contract, tender, 
or solicitation in accordance with section 2636a 
of this title that requires the transportation 
service provider to settle claims on the basis of 
full replacement value; and 
‘‘(B) the loss or damage occurred under 
circumstances that exclude the transportation 
service provider from liability. 
‘‘(2) A case in which— 
‘‘(A) the loss or damage occurred while the 
lost or damaged goods were in the possession of 
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an ocean carrier that was transporting, loading, 
or unloading the goods under a Department of 
Defense contract for ocean carriage; and 
‘‘(B) the land-based portions of the trans-
portation were under contracts, in accordance 
with section 2636a of this title, that require the 
land carriers to settle claims on the basis of full 
replacement value. 
‘‘(3) A case in which— 
‘‘(A) the lost or damaged goods were 
transported or stored under a contract or solici-
tation that requires at least one of the trans-
portation service providers or carriers that han-
dled the shipment to settle claims on the basis 
of full replacement value pursuant to section 
2636a of this title; 
‘‘(B) the lost or damaged goods have been 
in the custody of more than one independent 
contractor or transportation service provider; 
and 
‘‘(C) a claim submitted to the delivering 
transportation service provider or carrier is de-
nied in whole or in part because the loss or 
damage occurred while the lost or damaged 
goods were in the custody of a prior transpor-
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tation service provider or carrier or government 
entity.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2740. Property loss: reimbursement of members and civilian employees for full 
replacement value of household effects when contractor reim-
bursement not available.’’. 
(b) EFFECTIVE DATE.—Section 2740 of title 10, 
United States Code, as added by subsection (a), shall 
apply with respect to losses incurred after the date of the 
enactment of this Act. 
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. 
(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 in-
serting the following new paragraphs: 
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‘‘(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 
components 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. 
(7) The Coast Guard Reserve, 10,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
serve 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 
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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 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members. 
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 num-
ber 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, re-
cruiting, instructing, or training the reserve components: 
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(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 re-
serve 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. 
(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.— 
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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 
support 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. 
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 au-
thorization of appropriations in subsection (a) supersedes 
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any other authorization of appropriations (definite or in-
definite) 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 ELIGI-
BLE 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-
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 du-
ties will consist primarily of the duties described in 
clause (i), (ii), or (iii) of such subparagraph.’’; and 
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(2) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (B); 
(B) by striking the period at the end of 
subparagraph (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 du-
ties consist primarily of— 
‘‘(i) providing health care; 
‘‘(ii) performing other clinical care; or 
‘‘(iii) performing health-care related ad-
ministrative duties.’’. 
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 COM-
MISSION 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 Sec-
retary concerned’’ and inserting ‘‘, except that, with 
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respect to an armed force under the jurisdiction of 
the Secretary of a military department, the Sec-
retary 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 
inserting before the period at the end the following: 
‘‘, and appointments in the grade of regular warrant 
officer, W–1 (whether by warrant or commission), 
shall be made by the President, except that appoint-
ments 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: 
‘‘(b) Appointments in permanent reserve warrant of-
ficer 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 other-
wise provided by the President by Executive order, the 
provisions of Executive Order No. 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 
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States Code, shall apply in the same manner to the func-
tions 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.— 
Section 613a of title 10, United States Code, is amend-
ed— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) PROHIBITION
ON
DISCLOSURE.—The pro-
ceedings of a selection board convened under section 573, 
611, or 628 of this title may not be disclosed to any person 
not a member of the board, except as authorized or re-
quired to process the report of the board. This prohibition 
is a statutory exemption from disclosure, as described in 
section 552(b)(3) of title 5.’’; 
(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 se-
lection boards convened under section 573, 611, or 628 
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of this title, regardless of the date on which the board 
was convened.’’. 
(b) REPORTS
OF BOARDS.—Section 628(c)(2) of 
such title is amended by striking ‘‘sections 576(d) and 
576(f)’’ and inserting ‘‘sections 576(d), 576(f), and 
613a’’. 
(c) RESERVE BOARDS.—Section 14104 of such title 
is amended— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) PROHIBITION
ON
DISCLOSURE.—The pro-
ceedings of a selection board convened under section 
14101 or 14502 of this title may not be disclosed to any 
person not a member of the board, except as authorized 
or required to process the report of the board. This prohi-
bition is a statutory exemption from disclosure, as de-
scribed in section 552(b)(3) of title 5.’’; 
(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 se-
lection boards convened under section 14101 or 14502 of 
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this title, regardless of the date on which the board was 
convened.’’. 
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 sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing 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 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 sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
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‘‘(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 
having 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 administra-
tively removed from the promotion list under regulations 
prescribed 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— 
(1) in subsection (a), by striking paragraphs 
(2) and (3) and inserting the following new para-
graphs: 
‘‘(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 
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the officer being required to show cause for re-
tention on active duty 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 offi-
cer being required to show cause for retention 
on active duty is major or lieutenant com-
mander 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 
to officers who, while otherwise qualified, are in the opin-
ion of the Secretary best suited for that duty by reason 
of age, education, training, experience, length of service, 
or temperament.’’. 
(b) RESERVES.—Section 14906 of such title is 
amended— 
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(1) in subsection (a), by striking paragraphs 
(2) and (3) and inserting the following new para-
graphs: 
‘‘(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 officer being required to show cause for re-
tention 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 offi-
cer being required to show cause for retention 
in an active status is major or lieutenant com-
mander or above.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(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 opin-
ion of the Secretary best suited for that duty by reason 
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of age, education, training, experience, length of service, 
or temperament.’’. 
SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM 
LENGTH OF ACTIVE SERVICE AS A COMMIS-
SIONED 
OFFICER 
REQUIRED 
FOR 
VOL-
UNTARY 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 Authoriza-
tion 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 ‘‘Janu-
ary 6, 2006, and ending on December 31, 2008’’ and in-
serting ‘‘the date of the enactment of the National De-
fense 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 enact-
ment of the National Defense Authorization Act for Fiscal 
Year 2011 and ending on September 30, 2013’’. 
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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 amend-
ed— 
(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 
discharge 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’’. 
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(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 
Secretary’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(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— 
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(1) by striking paragraphs (2), (3), and (5); 
and 
(2) by redesignating paragraph (4) as para-
graph (2). 
SEC. 514. ASSIGNMENT OF AIR FORCE RESERVE MILITARY 
TECHNICIANS (DUAL STATUS) TO POSITIONS 
OUTSIDE AIR FORCE RESERVE UNIT PRO-
GRAM. 
Section 10216(d) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3) Paragraph (1) does not apply to a military tech-
nician (dual status) who is employed by the Air Force Re-
serve in an area other than the Air Force Reserve unit 
program, except that not more than 50 of such technicians 
may be assigned outside of the unit program at the same 
time.’’. 
SEC. 515. TEMPORARY AUTHORITY FOR TEMPORARY EM-
PLOYMENT OF NON-DUAL STATUS MILITARY 
TECHNICIANS. 
Section 10217 of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘or’’ at the end of para-
graph (1); 
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(B) by striking the period at the end of 
paragraph (2) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) is hired as a temporary employee pursuant 
to the exception for temporary employment provided 
by subsection (d) and subject to the terms and con-
ditions of such subsection.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) EXCEPTION FOR TEMPORARY EMPLOYMENT.— 
(1) Notwithstanding section 10218 of this title, the Sec-
retary of the Army or the Secretary of the Air Force may 
employ, for a period not to exceed 2 years, a person to 
fill a vacancy created by the mobilization of a military 
technician (dual status) occupying a position under section 
10216 of this title. 
‘‘(2) The duration of the temporary employment of 
a person in a military technician position under this sub-
section may not exceed the shorter of the following: 
‘‘(A) The period of mobilization of the military 
technician (dual status) whose vacancy is being filled 
by the temporary employee. 
‘‘(B) Two years. 
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‘‘(3) No persons may be hired under the authority 
of this subsection after the end of the 2-year period begin-
ning on the date of the enactment of this subsection.’’. 
SEC. 516. REVISED STRUCTURE AND FUNCTIONS OF RE-
SERVE FORCES POLICY BOARD. 
(a) REVISED STRUCTURE AND FUNCTIONS.—Section 
10301 of title 10, United States Code, is amended to read 
as follows: 
‘‘§ 10301. Reserve Forces Policy Board 
‘‘(a) FUNCTIONS.—As provided in section 175 of this 
title, there is in the Office of the Secretary of Defense 
a Reserve Forces Policy Board. The Board shall serve as 
an independent adviser to the Secretary of Defense to pro-
vide advice and recommendations to the Secretary on 
strategies, policies, and practices designed to improve and 
enhance the capabilities, efficiency, and effectiveness of 
the reserve components. The Board shall report directly 
to the Secretary to provide independent advice and rec-
ommendations to the Secretary on matters relating to the 
and reserve components. 
‘‘(b) MEMBERSHIP.—The Board consists of 20 mem-
bers, appointed or designated as follows: 
‘‘(1) A civilian chairman appointed by the Sec-
retary of Defense, who shall be a person who the 
Secretary determines has the knowledge of, and ex-
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perience in, policy matters relevant to national secu-
rity and reserve component matters required to 
carry out the duties of chairman. 
‘‘(2) Two reserve general officers designated by 
the Secretary of Defense upon the recommendation 
of the Secretary of the Army, one of whom shall be 
a member of the Army National Guard of the 
United States and one of whom shall be a member 
of the Army Reserve. 
‘‘(3) Two reserve officers designated by the Sec-
retary of Defense upon the recommendation of the 
Secretary of the Navy, one of whom shall be a Navy 
Reserve flag officer and one of whom shall be a Ma-
rine Corps Reserve general officer. 
‘‘(4) Two reserve general officers designated by 
the Secretary of Defense upon the recommendation 
of the Secretary of the Air Force, one of whom shall 
be a member of the Air National Guard of the 
United States and one of whom shall be a member 
of the Air Force Reserve. 
‘‘(5) One Coast Guard flag officer designated 
by the Secretary of Homeland Security when the 
Coast Guard is not operating as a service within the 
Department of the Navy, or designated by the Sec-
retary of Defense, upon the recommendation of the 
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Secretary of the Navy, when the Coast Guard is op-
erating as a service in the Navy under section 3 of 
title 14. 
‘‘(6) Ten persons appointed or designated by 
the Secretary of Defense, each of whom shall be a 
United States citizen and have significant knowledge 
of and experience in policy matters relevant to na-
tional security and reserve component matters and 
shall be one of the following: 
‘‘(A) An individual not employed in any 
Federal or State department or agency. 
‘‘(B) An individual employed by a Federal 
or State department or agency. 
‘‘(C) An officer of a regular component on 
active duty, or an officer of a reserve compo-
nent in an active status, who has served or is 
serving in a senior position on the Joint Staff, 
a combatant command headquarters staff, or a 
service headquarters staff. 
‘‘(7) A reserve officer of the Army, Navy, Air 
Force, or Marine Corps who is a general or flag offi-
cer recommended by the chairman and designated by 
the Secretary of Defense, who shall serve without 
vote— 
‘‘(A) as military adviser to the chairman; 
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‘‘(A) A member of the armed forces described 
in subsection (c). 
‘‘(B) A civilian employee of the Department of 
Defense or Coast Guard described in subsection (d). 
‘‘(C) The family members of such a member or 
employee. 
‘‘(D) Survivors of such a member or employee 
who is killed. 
‘‘(2) The regulations required by this subsection shall 
apply uniformly to all elements of the Department of De-
fense and, to the maximum extent feasible, to the Coast 
Guard. 
‘‘(b) EXCEPTION TO GIFT BAN.—A member of the 
armed forces described in subsection (c) and a civilian em-
ployee described in subsection (d) may accept gifts as pro-
vided in the regulations issued under subsection (a) not-
withstanding section 7353 of title 5. 
‘‘(c) COVERED MEMBERS.—This section applies to a 
member of the armed forces who, while performing active 
duty, full-time National Guard duty, or inactive-duty 
training on or after September 11, 2001, incurred an in-
jury or illness— 
‘‘(1) as described in section 1413a(e)(2) of this 
title; 
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graphs (B) and (C), the Secretary shall prescribe 
the criteria to be used to select eligible members of 
the armed forces to participate in the Program. 
‘‘(B)(i) If a member of the armed forces is ap-
plying for assistance for placement as an elementary 
school or secondary school teacher, the Secretary 
shall require the member to have received a bacca-
laureate or advanced degree from an accredited in-
stitution of higher education. 
‘‘(ii) If a member of the armed forces is apply-
ing for assistance for placement as a vocational or 
technical teacher, the Secretary shall require the 
member— 
‘‘(I) to have received the equivalent of one 
year of college from an accredited institution of 
higher education and have six or more years of 
military experience in a vocational or technical 
field; or 
‘‘(II) to otherwise meet the certification or 
licensing requirements for a vocational or tech-
nical teacher in the State in which the member 
seeks assistance for placement under the Pro-
gram. 
‘‘(C) A member of the armed forces is eligible 
to participate in the Program only if the member’s 
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