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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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HR 5136 PCS1S 
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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HR 5136 PCS1S 
(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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HR 5136 PCS1S 
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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HR 5136 PCS1S 
‘‘§ 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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HR 5136 PCS1S 
‘‘(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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HR 5136 PCS1S 
(1) NATIONAL GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2011, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 2,520. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2011, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2011, may not exceed 
90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
(c) CONFORMING AMENDMENT TO ANNUAL LIMITA-
TION
ON NON-DUAL STATUS TECHNICIANS
FOR
THE 
ARMY NATIONAL GUARD.—Section 10217(c)(2) of title 
10, United States Code, is amended by striking ‘‘1,950’’ 
and inserting ‘‘2,870’’. 
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HR 5136 PCS1S 
subchapter I of chapter 105 of this title, the mid-
shipman will fulfill any unserved obligation incurred 
under this section on active duty, regardless of the 
type of appointment held, upon completion of, and 
in addition to, any service obligation incurred under 
section 2123 of this title for participation in the pro-
gram.’’. 
(c) UNITED STATES AIR FORCE ACADEMY GRAD-
UATES.—Section 9348(a) of such title is amended by add-
ing at the end the following new paragraph: 
‘‘(4) That if an appointment described in para-
graph (2) or (3) is tendered and the cadet partici-
pates in the Armed Forces Health Professions 
Scholarship and Financial Assistance program under 
subchapter I of chapter 105 of this title, the cadet 
will fulfill any unserved obligation incurred under 
this section on active duty, regardless of the type of 
appointment held, upon completion of, and in addi-
tion to, any service obligation incurred under section 
2123 of this title for participation in the program.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to appointments to 
the United States Military Academy, the United States 
Naval Academy, and the United States Air Force Acad-
emy beginning with the first class of candidates nominated 
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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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‘‘(B) a representative from the Depart-
ment of Education; 
‘‘(C) representatives from 3 State offices 
that operate to recruit eligible members of the 
armed forces for participation in the Program 
and facilitating the employment of participants 
in the Program as elementary school teachers, 
secondary school teachers, and vocational or 
technical teachers; and 
‘‘(D) a representative from each of 3 vet-
eran service organizations. 
‘‘(2) DUTIES.—The advisory board established 
under subsection (a) shall— 
‘‘(A) collect, consider, and disseminate 
feedback from participants and State offices de-
scribed in subsection (a)(4) on— 
‘‘(i) the best practices for improving 
recruitment of eligible members of the 
Armed Forces in States, local educational 
agencies, and public charter schools under 
served by the Program; 
‘‘(ii) ensuring that high-need local 
educational agencies and public charter 
schools are aware of the Program and how 
to participate in it; 
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HR 5136 PCS1S 
(H) For the Marine Corps Reserve, by 
$674,000. 
(I) For the Air Force Reserve, by 
$95,819,000. 
(J) For the Army National Guard, by 
$171,834,000. 
(K) For the Air National Guard, by 
$161,281,000. 
(L) For the Defense Health Program, by 
$33,367,000. 
(M) 
For 
Drug 
Interdiction 
and 
Counterdrug 
Activities, 
Defense-wide, 
by 
$94,000,000. 
(N) For the Afghanistan Security Forces 
Fund, by $2,604,000,000. 
(O) For the Iraq Security Forces Fund, by 
$1,000,000,000. 
(P) For Overseas Humanitarian, Disaster 
and Civic Aid, by $255,000,000. 
(Q) For Overseas Contingency Operations 
Transfer Fund, by $350,000,000. 
(R) For Working Capital Funds, by 
$974,967,000. 
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HR 5136 PCS1S 
of this title and the Secretary submits to the con-
gressional defense committees a report on such 
modification, including— 
‘‘(A) the reasons for realignment; 
‘‘(B) any increased cost that will be in-
curred by the Navy because of the realignment; 
and 
‘‘(C) an assessment of the effects that the 
realignment will have on the shipbuilding indus-
trial base, including the secondary supply base; 
or 
‘‘(3) the modification is a decrease in the num-
ber or type of combatant and support vessels of the 
Navy and the Secretary submits to the congressional 
defense committees a report on such modification, 
including— 
‘‘(A) an addendum to the most recent 
quadrennial defense review that fully explains 
and justifies the decrease with respect to the 
national security strategy of the United States 
as set forth in the most recent national security 
strategy report of the President under section 
108 of the National Security Act of 1947 (50 
U.S.C. 404a); and 
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(C) by striking ‘‘the Military Commissions 
Act of 2006 (10 U.S.C. 948 et seq.; Public Law 
109–366)’’ and inserting ‘‘chapter 47A of title 
10, United States Code’’. 
(15) Section 1111(b) (123 Stat. 2495; 10 
U.S.C. 1580 note prec.) is amended by striking ‘‘the 
Secretary’’ in the first sentence and inserting ‘‘the 
Secretary of Defense’’. 
(16) Section 1113(g)(1) (123 Stat. 2502; 5 
U.S.C. 9902 note) is amended by inserting ‘‘United 
States Code,’’ after ‘‘title 5,’’ the first place it ap-
pears. 
(17) Section 1121 (123 Stat. 2505) is amend-
ed— 
(A) in subsection (a)— 
(i) by striking ‘‘Section 9902(h)’’ and 
inserting ‘‘Section 9902(g)’’; and 
(ii) by inserting ‘‘as redesignated by 
section 1113(b)(1)(B),’’ after ‘‘Code,’’; and 
(B) in subsection (b), by striking ‘‘section 
9902(h)’’ and inserting ‘‘section 9902(g)’’. 
(18) Section 1261 (123 Stat. 2553; 22 U.S.C. 
6201 note) is amended by inserting a space between 
the first short title and ‘‘or’’. 
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