415 
(2) it is critical that the Department of Defense 
develop technological solutions that ensure the secu-
rity and freedom of action of the Department while 
operating in the cyber domain. 
(b) STUDY.—The Secretary of Defense shall conduct a 
study assessing— 
(1) the current use of, and potential applications 
of, modeling and simulation tools to identify likely 
cybersecurity methodologies and vulnerabilities within 
the Department of Defense. 
(2) the application of modeling and simulation 
technology to develop strategies and programs to deter 
hostile or malicious activity intended to compromise 
Department of Defense information systems. 
(c) REPORT.—Not later than January 1, 2012, the 
Secretary of Defense shall submit to the Committees on 
Armed Services of the House of Representatives and the 
Senate a report containing the results of the study con-
ducted under subsection (b), including recommendations on 
possible options for increasing the use of simulation tools 
to further strengthen the cybersecurity environment of the 
Department of Defense. 
(d) FORM.—The report required under subsection (c) 
shall be submitted in unclassified form, but may include 
a classified annex. 
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416 
Subtitle F—Other Matters 
SEC. 1051. NATIONAL DEFENSE PANEL. 
Subsection (f) of section 118 of title 10, United States 
Code, is amended to read as follows: 
‘‘(f) NATIONAL DEFENSE PANEL.— 
‘‘(1) ESTABLISHMENT.—Not later than February 
1 of a year in which a quadrennial defense review is 
conducted under this section, there shall be established 
a bipartisan, independent panel to be known as the 
National Defense Panel (in this section referred to as 
the ‘Panel’). The Panel shall have the duties set forth 
in this subsection. 
‘‘(2) MEMBERSHIP.—The Panel shall be com-
posed of ten members who are recognized experts in 
matters relating to the national security of the United 
States. Eight of the members shall be appointed as 
follows: 
‘‘(A) Two by the chairman of the Committee 
on Armed Services of the House of Representa-
tives. 
‘‘(B) Two by the chairman of the Committee 
on Armed Services of the Senate. 
‘‘(C) Two by the ranking member of the 
Committee on Armed Services of the House of 
Representatives. 
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417 
‘‘(D) Two by the ranking member of the 
Committee on Armed Services of the Senate. 
‘‘(3) CO-CHAIRS OF THE PANEL.—In addition to 
the members appointed under paragraph (2), the Sec-
retary of Defense shall appoint two members, one 
from each of the major political parties, to serve as 
co-chairs of the panel. 
‘‘(4) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Panel. 
Any vacancy in the Panel shall be filled in the same 
manner as the original appointment. 
‘‘(5) DUTIES.—The Panel shall have the fol-
lowing duties with respect to a quadrennial defense 
review: 
‘‘(A) Not later than March 1 of a year in 
which the review is conducted, the Panel shall 
submit to the Secretary of Defense a report that 
sets the parameters and provide guidance to the 
Secretary on the conduct of the review. The re-
port of the Panel under this subparagraph shall, 
at a minimum, include such guidance as is nec-
essary to ensure that the review is conducted in 
a manner that provides for adequately address-
ing all elements listed in subsection (d). 
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‘‘(B) While the review is being conducted, 
the Panel shall review the updates from the Sec-
retary of Defense required under paragraph (8) 
on the conduct of the review. 
‘‘(C) The Panel shall— 
‘‘(i) review the Secretary of Defense’s 
terms of reference and any other materials 
providing the basis for, or substantial in-
puts to, the work of the Department of De-
fense on the quadrennial defense review; 
‘‘(ii) conduct an assessment of the as-
sumptions, strategy, findings, and risks of 
the report on the quadrennial defense review 
required in subsection (d), with particular 
attention paid to the risks described in that 
report; 
‘‘(iii) conduct an independent assess-
ment of a variety of possible force structures 
of the armed forces, including the force 
structure identified in the report on the 
quadrennial defense review required in sub-
section (d); 
‘‘(iv) review the resource requirements 
identified pursuant to subsection (b)(3) and, 
to the extent practicable, make a general 
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comparison to the resource requirements to 
support the forces contemplated under the 
force structures assessed under subpara-
graph (C); and 
‘‘(v) provide to Congress and the Sec-
retary of Defense, through the report under 
paragraph (7), any recommendations it 
considers appropriate for their consider-
ation. 
‘‘(6) FIRST MEETING.—If the Secretary of De-
fense has not made the Secretary’s appointments to 
the Panel under paragraph (3) by February 1 of a 
year in which a quadrennial defense review is con-
ducted under this section, the Panel shall convene for 
its first meeting with the remaining members. 
‘‘(7) REPORT.—Not later than three months after 
the date on which the report on a quadrennial defense 
review is submitted under subsection (d) to the con-
gressional committees named in that subsection, the 
Panel established under paragraph (1) shall submit to 
those committees an assessment of the quadrennial de-
fense review, including a description of the items ad-
dressed under paragraph (5) with respect to that 
quadrennial defense review. 
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‘‘(8) UPDATES FROM SECRETARY OF DEFENSE.— 
The Secretary of Defense shall periodically, but not 
less often than every 30 days, brief the Panel on the 
progress of the conduct of a quadrennial defense re-
view under subsection (a). 
‘‘(9) ADMINISTRATIVE PROVISIONS.— 
‘‘(A) The Panel may secure directly from 
the Department of Defense and any of its compo-
nents such information as the Panel considers 
necessary to carry out its duties under this sub-
section. The head of the department or agency 
concerned shall ensure that information re-
quested by the Panel under this paragraph is 
promptly provided. 
‘‘(B) Upon the request of the co-chairs of the 
Panel, the Secretary of Defense shall make avail-
able to the Panel the services of any federally 
funded research and development center that is 
covered by a sponsoring agreement of the Depart-
ment of Defense. 
‘‘(C) The Panel shall have the authorities 
provided in section 3161 of title 5, United States 
Code, and shall be subject to the conditions set 
forth in such section. 
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421 
‘‘(D) Funds for activities of the Panel shall 
be provided from amounts available to the De-
partment of Defense. 
‘‘(10) TERMINATION.—The Panel for a quadren-
nial defense review shall terminate 45 days after the 
date on which the Panel submits its final report on 
the quadrennial defense review under paragraph 
(7).’’. 
SEC. 1052. QUADRENNIAL DEFENSE REVIEW. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the quadrennial defense review is a critical strategic 
document and should be based upon a process uncon-
strained by budgetary influences so that such influences do 
not determine or limit its outcome. 
(b) RELATIONSHIP OF QUADRENNIAL DEFENSE RE-
VIEW TO DEFENSE BUDGET.—Paragraph (4) of section 
118(b) of title 10, United States Code, is amended to read 
as follows: 
‘‘(4) to make recommendations that will not be 
influenced, constrained, or informed by the budget 
submitted to Congress by the President pursuant to 
section 1105 of title 31.’’. 
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422 
SEC. 1053. SALE OF SURPLUS MILITARY EQUIPMENT TO 
STATE AND LOCAL HOMELAND SECURITY 
AND EMERGENCY MANAGEMENT AGENCIES. 
(a) STATE AND LOCAL AGENCIES TO WHICH SALES 
MAY BE MADE.—Section 2576 of title 10, United States 
Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘local law enforcement and 
firefighting’’ and inserting ‘‘local law enforce-
ment, firefighting, homeland security, and emer-
gency management’’; and 
(B) by striking ‘‘carrying out law enforce-
ment and firefighting activities’’ and inserting 
‘‘carrying out law enforcement, firefighting, 
homeland security, and emergency management 
activities’’; and 
(2) in subsection (b), by striking ‘‘law enforce-
ment or firefighting’’ both places it appears and in-
serting ‘‘law enforcement, firefighting, homeland secu-
rity, or emergency management’’. 
(b) TYPES OF EQUIPMENT THAT MAY BE SOLD.— 
Subsection (a) of such section, as amended by subsection 
(a) of this section, is further amended by striking ‘‘and pro-
tective body armor’’ and inserting ‘‘personal protective 
equipment, and other appropriate equipment’’. 
(c) CLERICAL AMENDMENTS.— 
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423 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 2576. Surplus military equipment: sale to State and 
local law enforcement, firefighting, home-
land security, and emergency manage-
ment agencies’’. 
(2) TABLE OF SECTIONS.—The item relating to 
such section in the table of sections at the beginning 
of chapter 153 of such title is amended to read as fol-
lows: 
‘‘2576. Surplus military equipment: sale to State and local law enforcement, fire-
fighting, homeland security, and emergency management agen-
cies.’’. 
SEC. 1054. DEPARTMENT OF DEFENSE RAPID INNOVATION 
PROGRAM. 
(a) PROGRAM ESTABLISHED.—The Secretary of De-
fense shall establish a program to accelerate the fielding of 
innovative technologies developed using Department of De-
fense research funding and the commercialization of such 
technologies. Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall issue guidelines 
for the operation of the program, including— 
(1) criteria for an application for funding by a 
military department, defense agency, or the unified 
combatant command for special operations forces; 
(2) the purposes for which such a department, 
agency, or command may apply for funds and appro-
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424 
priate requirements for technology development or 
commercialization to be supported using program 
funds; 
(3) the priorities, if any, to be provided to field 
or commercialize technologies developed by certain 
types of Department of Defense research funding; and 
(4) criteria for evaluation of an application for 
funding by a department, agency, or command. 
(b) APPLICATIONS FOR FUNDING.— 
(1) IN GENERAL.—Under the program, the Sec-
retary shall, not less often than annually, solicit from 
the heads of the military departments, the defense 
agencies, and the unified combatant command for 
special operations forces applications for funding to 
be used to enter into contracts, cooperative agree-
ments, or other transaction agreements entered into 
pursuant to section 845 of the National Defense Au-
thorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1721; 10 U.S.C. 2371 note) with 
appropriate entities for the fielding or commercializa-
tion of technologies. 
(2) TREATMENT
PURSUANT
TO
CERTAIN
CON-
GRESSIONAL RULES.—Nothing in this section shall be 
interpreted to require any official of the Department 
of Defense to provide funding under this section to 
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425 
any earmark as defined pursuant to House Rule XXI, 
clause 9, or any congressionally directed spending 
item as defined pursuant to Senate Rule XLIV, para-
graph 5. 
(c) FUNDING.—Subject to the availability of appro-
priations for such purpose, of the amounts authorized to 
be appropriated for research, development, test, and evalua-
tion, defense-wide for each of fiscal years 2011 through 
2015, not more than $500,000,000 may be used for any such 
fiscal year for the program established under subsection (a). 
(d) TRANSFER
AUTHORITY.—The Secretary may 
transfer funds available for the program to the research, de-
velopment, test, and evaluation accounts of a military de-
partment, defense agency, or the unified combatant com-
mand for special operations forces pursuant to an applica-
tion, or any part of an application, that the Secretary de-
termines would support the purposes of the program. The 
transfer authority provided in this subsection is in addition 
to any other transfer authority available to the Department 
of Defense. 
(e) DELEGATION OF MANAGEMENT OF PROGRAM.—The 
Secretary may delegate the management and operation of 
the program established under subsection (a) to the Assist-
ant Secretary of Defense for Research and Engineering. 
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(f) REPORT.—Not later than 60 days after the last day 
of a fiscal year during which the Secretary carries out a 
program under this section, the Secretary shall submit a 
report to the congressional defense committees providing a 
detailed description of the operation of the program during 
such fiscal year. 
(g) TERMINATION.—The authority to carry out a pro-
gram under this section shall terminate on September 30, 
2015. Any amounts made available for the program that 
remain available for obligation on the date the program ter-
minates may be transferred under subsection (d) during the 
180-day period beginning on the date of the termination 
of the program. 
SEC. 1055. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 5, UNITED STATES CODE.—Subsection 
(l)(2)(B) of section 8344 of title 5, United States Code, as 
added by section 1122(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2505), is amended by striking ‘‘5201 et seq.’’ and in-
serting ‘‘5211 et seq.’’. 
(b) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) Section 127d(d)(1) is amended by striking 
‘‘Committee on International Relations’’ and insert-
ing ‘‘Committee on Foreign Affairs’’. 
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(2) Section 132 is amended— 
(A) by redesignating subsection (d), as 
added by section 2831(a) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2669), as subsection (e); 
and 
(B) in such subsection, by striking ‘‘Guam 
Executive Council’’ and inserting ‘‘Guam Over-
sight Council’’. 
(3)(A) Section 382 is amended by striking ‘‘sec-
tion 175 or 2332c’’ in subsections (a), (b)(2)(C), and 
(d)(2)(A)(ii) and inserting ‘‘section 175, 229, or 
2332a’’. 
(B) The heading of such section is amended by 
striking ‘‘chemical or biological’’. 
(C) The table of sections at the beginning of 
chapter 18 is amended by striking the item relating 
to section 382 and inserting the following new item: 
‘‘382. Emergency situations involving weapons of mass destruction.’’. 
(4) Section 1175a(j)(3) is amended by striking 
‘‘title 10’’ and inserting ‘‘this title’’. 
(5) Section 1781b(d) is amended by striking 
‘‘March 1, 2008, and each year thereafter’’ and insert-
ing ‘‘March 1 each year’’. 
(6) Section 1781c(h)(1) is amended by striking 
‘‘180 days after the date of the enactment of the Na-
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tional Defense Authorization Act for Fiscal Year 
2010, and annually thereafter’’ and inserting ‘‘April 
30 each year’’. 
(7) Section 2130a(b)(1) is amended by striking 
‘‘Training Program’’ both places it appears and in-
serting ‘‘Training Corps program’’. 
(8) Section 2222(a) is amended by striking ‘‘Ef-
fective October 1, 2005, funds’’ and inserting 
‘‘Funds’’. 
(9) The table of sections at the beginning of sub-
chapter I of chapter 134, as amended by section 
1031(a)(2) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2448), is amended by transferring the item relating 
to section 2241a from the end of the table of sections 
to appear after the item relating to section 2241. 
(10) Section 2362(e)(1) is amended by striking 
‘‘IV’’ and inserting ‘‘V’’. 
(11) Section 2533a(d) is amended in paragraphs 
(1) and (4) by striking ‘‘(b)(1)(A), (b)(2), or (b)(3)’’ 
and inserting ‘‘(b)(1)(A) or (b)(2)’’. 
(12) Section 2642(a)(3) is amended by striking 
‘‘During the five-year period beginning on the date of 
the enactment of the National Defense Authorization 
Act for Fiscal Year 2010’’ and inserting ‘‘During the 
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429 
period beginning on October 28, 2009, and ending on 
October 28, 2014’’. 
(13) Section 2667(e)(1)(A)(ii) is amended by 
striking ‘‘sections 2668 and 2669’’ and inserting ‘‘sec-
tion 2668’’. 
(14) Section 2684a(g)(1) is amended by striking 
‘‘March 1, 2007, and annually thereafter’’ and insert-
ing ‘‘March 1 each year’’. 
(15) Section 2687a(a) is amended by striking 
‘‘31for’’ and inserting ‘‘31 for’’. 
(16) Section 2922d is amended by striking ‘‘1 or 
more’’ each place it appears and inserting ‘‘one or 
more’’. 
(17) Section 10216 is amended by striking ‘‘sec-
tion 115(c)’’ in subsections (b)(1), (c)(1), and 
(c)(2)(A) and inserting ‘‘section 115(d)’’. 
(18) Section 10217(c)(1) is amended— 
(A) by striking ‘‘Effective October 1, 2007, 
the’’ and inserting ‘‘The’’; and 
(B) by striking ‘‘after the preceding sentence 
takes effect’’. 
(19) Section 12203(a) is amended by striking 
‘‘above’’ in the first sentence and inserting ‘‘of’’. 
(c) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 2010.—Effective as of October 28, 2009, and 
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430 
as if included therein as enacted, the National Defense Au-
thorization Act for Fiscal Year 2010 (Public Law 111–84) 
is amended as follows: 
(1) Section 325(d)(4) (123 Stat. 2254) is amend-
ed by striking ‘‘section 236’’ and inserting ‘‘section 
235’’. 
(2) Section 581(a)(1)(C) (123 Stat. 2326) is 
amended by striking ‘‘subsection (f)’’ and inserting 
‘‘subsection (g), as redesignated by section 582(b)(1)’’. 
(3) Section 584(a) (123 Stat. 2330) is amended 
by striking ‘‘such Act’’ and inserting ‘‘the Uniformed 
and Overseas Citizens Absentee Voting Act’’. 
(4) Section 585(b)(1) (123 Stat. 2331) is amend-
ed by striking subparagraphs (A) and (B), and in-
serting the following new subparagraphs: 
‘‘(A) in paragraph (2), by striking ‘section 
102(4)’ and inserting ‘section 102(a)(4)’; and 
‘‘(B) by striking paragraph (4) and insert-
ing the following new paragraph: 
‘‘ ‘(4) prescribe a suggested design for absentee 
ballot mailing envelopes;’; and 
(5) Section 589 (123 Stat. 2334; 42 U.S.C. 
1973ff–7) is amended— 
(A) in subsection (a)(1)— 
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(i) by striking ‘‘section 107(a)’’ and 
inserting ‘‘section 107(1)’’; and 
(ii) by striking ‘‘1973ff et seq.’’ and in-
serting ‘‘1973ff–6(1)’’; and 
(B) in subsection (e)(1), by striking ‘‘1977ff 
note’’ and inserting ‘‘1973ff note’’. 
(6) The undesignated section immediately fol-
lowing section 603 (123 Stat. 2350) is designated as 
section 604. 
(7) Section 714(c) (123 Stat. 2382; 10 U.S.C. 
1071 note) is amended— 
(A) by striking ‘‘feasability’’ both places it 
appears and inserting ‘‘feasibility’’; and 
(B) by striking ‘‘specialities’’ both places it 
appears and inserting ‘‘specialties’’. 
(8) Section 813(a)(3) is amended by inserting 
‘‘order’’ after ‘‘task’’ in the matter proposed to be 
struck. 
(9) Section 921(b)(2) (123 Stat. 2432) is amend-
ed by inserting ‘‘subchapter I of’’ before ‘‘chapter 21’’. 
(10) Section 1014(c) (123 Stat. 2442) is amend-
ed by striking ‘‘in which the support’’ and inserting 
‘‘in which support’’. 
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(11) Section 1043(d) (123 Stat. 2457; 10 U.S.C. 
2353 note) is amended by striking ‘‘et 13 seq.’’ and 
inserting ‘‘et seq.’’. 
(12) Section 1055(f) (123 Stat. 2462) is amend-
ed by striking ‘‘Combating’’ and inserting ‘‘Combat-
ting’’. 
(13) Section 1063(d)(2) (123 Stat. 2470) is 
amended by striking ‘‘For purposes of this section, 
the’’ and inserting ‘‘The’’. 
(14) Section 1080(b) (123 Stat. 2479; 10 U.S.C. 
801 note) is amended— 
(A) by striking ‘‘title 14’’ and inserting 
‘‘title XIV’’; 
(B) by striking ‘‘title 10’’ and inserting 
‘‘title X’’; and 
(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 Sec-
retary’’ in the first sentence and inserting ‘‘the Sec-
retary of Defense’’. 
(16) Section 1113(g)(1) (123 Stat. 2502; 5 
U.S.C. 9902 note) is amended by inserting ‘‘United 
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Treatment Act of 2005 (title X of Public Law 109– 
148; 10 U.S.C. 801 note) is amended by striking 
paragraph (3). 
‘‘(2) NATIONAL
DEFENSE
AUTHORIZATION
ACT 
FOR FISCAL YEAR 2006.—Section 1405(e) of the De-
tainee Treatment Act of 2005 (Public Law 109-163; 
10 U.S.C. 801 note) is amended by striking para-
graph (3).’’. 
(21) Section 1916(b)(1)(B) (123 Stat. 2624) is 
amended by striking the comma after ‘‘5941’’. 
(22) Section 2804(d)(2) (123 Stat. 2662) is 
amended by inserting ‘‘subchapter III of’’ before 
‘‘chapter 169’’. 
(23) Section 2835(f)(1) (123 Stat. 2677) is 
amended by striking ‘‘publically-available’’ and in-
serting ‘‘publicly available’’. 
(24) Section 3503(b)(1) (123 Stat. 2719) is 
amended by striking the extra quotation marks. 
(25) Section 3508(1) (123 Stat. 2721) is amend-
ed by striking ‘‘headline’’ and inserting ‘‘heading’’. 
(d) DUNCAN HUNTER NATIONAL DEFENSE AUTHOR-
IZATION ACT FOR FISCAL YEAR 2009.— 
(1) Section 596(b)(1)(D) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 10 U.S.C. 1071 note), as 
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therein as enacted, the Weapon Systems Acquisition Reform 
Act of 2009 (Public Law 111–23) is amended as follows: 
(1) Section 205(a)(1)(B) (123 Stat. 1724) is 
amended in the matter proposed to be inserted by 
striking ‘‘paragraphs (1) and (2)’’ and inserting 
‘‘paragraphs (1), (2), and (3)’’. 
(2) Section 205(c) (124 Stat. 1725) is amended 
by 
striking 
‘‘2433a(c)(3)’’ 
and 
inserting 
‘‘2433a(c)(1)(C)’’. 
(f) TECHNICAL CORRECTION REGARDING SBIR EX-
TENSION.—Section 9(m)(2) of the Small Business Act (15 
U.S.C. 638(m)(2)), as added by section 847(a) of the Na-
tional Defense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 111–84; 123 Stat. 2420), is amended by striking 
‘‘is authorized’’ and inserting ‘‘are authorized’’. 
(g) TECHNICAL CORRECTION REGARDING PERFORM-
ANCE MANAGEMENT AND WORKFORCE INCENTIVES.—Sec-
tion 9902(a)(2) of title 5, United States Code, as added by 
section 1113(d) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2499), 
is amended by striking ‘‘chapters’’ both places it appears 
and inserting ‘‘chapter’’. 
(h) TECHNICAL
CORRECTION
REGARDING
SMALL 
SHIPYARDS
AND MARITIME COMMUNITIES ASSISTANCE 
PROGRAM.—Section 3506 of the National Defense Author-
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ization Act for Fiscal Year 2006, as reinstated by the 
amendment made by section 1073(c)(14) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2475), is repealed. 
(i) TECHNICAL CORRECTION REGARDING DOT MARI-
TIME HERITAGE PROPERTY.—Section 6(a)(1)(C) of the Na-
tional Maritime Heritage Act of 1994 (16 U.S.C. 
5405(a)(1)(C)), as amended by section 3509 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2721), is amended by striking ‘‘the 
date of enactment of the Maritime Administration Author-
ization Act of 2010’’ and inserting ‘‘October 28, 2009’’. 
(j) TECHNICAL CORRECTION REGARDING DOE NA-
TIONAL SECURITY PROGRAMS.—The table of contents at the 
beginning of the National Nuclear Security Administration 
Act (title XXXII of Public Law 106–65; 50 U.S.C. 2401 
et seq.) is amended by striking the item relating to section 
3255 and inserting the following new item: 
‘‘Sec. 3255. Biennial plan and budget assessment on the modernization and refur-
bishment of the nuclear security complex.’’. 
SEC. 1056. LIMITATION ON AIR FORCE FISCAL YEAR 2011 
FORCE STRUCTURE ANNOUNCEMENT IMPLE-
MENTATION. 
None of the amounts authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2011 
may be obligated or expended for the purpose of imple-
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438 
menting the Air Force fiscal year 2011 Force Structure An-
nouncement until 45 days after— 
(1) the Secretary of the Air Force provides a de-
tailed report to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of 
the House of Representatives on the follow-on mis-
sions for bases affected by the 2010 Combat Air 
Forces restructure; and 
(2) the Secretary of the Air Force certifies to the 
Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Rep-
resentatives that the Air Sovereignty Alert Mission 
will be fully resourced with required funding, per-
sonnel, and aircraft. 
SEC. 1057. BUDGETING FOR THE SUSTAINMENT AND MOD-
ERNIZATION OF NUCLEAR DELIVERY SYS-
TEMS. 
Consistent with the plan contained in the report sub-
mitted to Congress under section 1251 of the National De-
fense Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2549), in 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 fiscal year 
2012, and each subsequent fiscal year, the Secretary shall 
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ensure that a separate budget (including separate, dedicated 
line items and program elements) is included with respect 
to programs and platforms regarding the sustainment and 
modernization of nuclear delivery systems. 
SEC. 1058. LIMITATION ON NUCLEAR FORCE REDUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) As of September 30, 2009, the stockpile of nu-
clear weapons of the United States has been reduced 
by 84 percent from its maximum level in 1967 and 
by more than 75 percent from its level when the Ber-
lin Wall fell in November, 1989. 
(2) The number of non-strategic nuclear weapons 
of the United States has declined by approximately 
90 percent from September 30, 1991, to September 30, 
2009. 
(3) In 2002, the United States announced plans 
to reduce its number of operationally deployed stra-
tegic nuclear warheads to between 1,700 and 2,200 by 
December 31, 2012. 
(4) The United States plans to further reduce its 
stockpile of deployed strategic nuclear warheads to 
1,550 during the next seven years. 
(5) The United States plans to further reduce its 
deployed ballistic missiles and heavy bombers to 700 
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and its deployed and non-deployed launchers and 
heavy bombers to 800 during the next seven years. 
(6) Beyond these plans for reductions, the Nu-
clear Posture Review of April 2010 stated that, ‘‘the 
President has directed a review of potential future re-
ductions in U.S. nuclear weapons below New START 
levels. Several factors will influence the magnitude 
and pace of such reductions.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) any reductions in the nuclear forces of the 
United States should be supported by a thorough as-
sessment of the strategic environment, threat, and pol-
icy and the technical and operational implications of 
such reductions; and 
(2) specific criteria are necessary to guide future 
decisions regarding further reductions in the nuclear 
forces of the United States. 
(c) LIMITATION.—No action may be taken to imple-
ment the reduction of nuclear forces of the United States 
below the levels described in paragraphs (4) and (5) of sub-
section (a), unless— 
(1) the Secretary of Defense and the Adminis-
trator for Nuclear Security jointly submit to the con-
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gressional defense committees a report on such reduc-
tion, including— 
(A) the justification for such reduction; 
(B) an assessment of the strategic environ-
ment, threat, and policy and the technical and 
operational implications of such reduction; 
(C) written certification by the Secretary of 
Defense that— 
(i) either— 
(I) the strategic environment or 
the assessment of the threat has 
changed to allow for such reduction; or 
(II) technical measures to provide 
a commensurate or better level of safe-
ty, security, and reliability as before 
such reduction have been implemented 
for the remaining nuclear forces of the 
United States; 
(ii) such reduction preserves the nu-
clear deterrent capabilities of the ‘‘nuclear 
triad’’ (intercontinental ballistic missiles, 
ballistic missile submarines, and heavy 
bombers and dual-capable aircraft); 
(iii) such reduction does not require a 
change 
in 
targeting 
strategy 
from 
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counterforce targeting to countervalue tar-
geting; 
(iv) the remaining nuclear forces of the 
United States provide a sufficient means of 
protection against unforeseen technical chal-
lenges and geopolitical events; and 
(v) such reduction is compensated by 
other measures (such as nuclear moderniza-
tion, conventional forces, and missile de-
fense) that together provide a commensurate 
or better deterrence capability and level of 
credibility as before such reduction; and 
(D) written certification by the Adminis-
trator for Nuclear Security that— 
(i) technical measures to provide a 
commensurate or better level of safety, secu-
rity, and reliability as before such reduction 
have been implemented for the remaining 
nuclear forces of the United States; 
(ii) the remaining nuclear forces of the 
United States provide a sufficient means of 
protection against unforeseen technical chal-
lenges and geopolitical events; and 
(iii) measures to modernize the nuclear 
weapons complex have been implemented to 
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443 
provide a sufficiently responsive infrastruc-
ture to support the remaining nuclear forces 
of the United States; and 
(2) a period of 180 days has elapsed after the 
date on which the report under paragraph (1) is sub-
mitted. 
(d) DEFINITION.—In this section, the term ‘‘nuclear 
forces of the United States’’ includes— 
(1) both active and inactive nuclear warheads in 
the nuclear weapons stockpile; and 
(2) deployed and non-deployed delivery vehicles. 
SEC. 1059. SENSE OF CONGRESS ON THE NUCLEAR POS-
TURE REVIEW. 
It is the sense of Congress that the Nuclear Posture 
Review, released in April 2010 by the Secretary of Defense, 
weakens the national security of the United States by elimi-
nating options to defend against a catastrophic nuclear, bi-
ological, chemical, or conventional attack against the 
United States. 
SEC. 1060. STRATEGIC ASSESSMENT OF STRATEGIC CHAL-
LENGES POSED BY POTENTIAL COMPETI-
TORS. 
The Secretary of Defense shall, in consultation with 
the Joint Chiefs of Staff and the commanders of the regional 
combatant commands, submit to the congressional defense 
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444 
committees, not later than March 15, 2011, a comprehensive 
strategic assessment of the current and future strategic chal-
lenges posed to the United States by potential competitors 
out through 2021, with particular attention paid to those 
challenges posed by the military modernization of the Peo-
ple’s Republic of China, Iran, North Korea, and Russia. 
SEC. 1061. ELECTRONIC ACCESS TO CERTAIN CLASSIFIED 
INFORMATION. 
The Secretary of Defense shall provide to each com-
mittee of Congress an electronic communications link to 
classified information in the possession of the Department 
of Defense pertaining to a subject matter that is in the juris-
diction of such committee under the Rules of the House of 
Representatives or the Standing Rules of the Senate. Such 
electronic communications link shall be capable of sup-
porting appropriate classified communications between the 
Department of Defense and each committee of Congress au-
thorized to carry out such communications. 
SEC. 1062. JUSTICE FOR VICTIMS OF TORTURE AND TER-
RORISM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181) expressed the 
sense of Congress (in section 1083(d)(4)) that the Sec-
retary of State ‘‘should work with the Government of 
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445 
Iraq on a state-to-state basis to ensure compensation 
for any meritorious claims based on terrorist acts 
committed by the Saddam Hussein regime against in-
dividuals who were United States nationals or mem-
bers of the United States Armed Forces at the time 
of those terrorist acts and whose claims cannot be ad-
dressed in courts in the United States due to the exer-
cise of the waiver authority’’ provided to the Presi-
dent under section 1083(d) of that Act. 
(2) The House of Representatives in the 110th 
Congress unanimously adopted H.R. 5167, the Justice 
for Victims of Torture and Terrorism Act, which set 
forth an appropriate compromise of the claims de-
scribed in paragraph (1). 
(3) The National Defense Authorization Act for 
Fiscal Year 2010 (in section 1079) further expressed 
the sense of Congress that these claims of American 
victims of torture and hostage taking by Iraq ‘‘should 
be resolved by a prompt and fair settlement nego-
tiated between the Government of Iraq and the Gov-
ernment of the United States, taking note of the pro-
visions of H.R. 5167 of the 110th Congress, which was 
adopted by the United States House of Representa-
tives’’. 
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(4) Pursuant to these congressional actions, the 
Secretary of State has diligently pursued these nego-
tiations with the Government of Iraq. To date, how-
ever, more than three years after the enactment of the 
National Defense Authorization Act for Fiscal Year 
2008, and nearly a year after the enactment of the 
National Defense Authorization Act for Fiscal Year 
2010, there has been no resolution of these claims of 
injured Americans, despite the resolution by Iraq of 
claims of foreign corporations against the Saddam 
Hussein regime. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the claims of American victims of torture and hostage 
taking by the Government of Iraq during the regime of Sad-
dam Hussein that are subject to Presidential Determination 
Number 2008-9 of January 28, 2008, which waived appli-
cation of section 1083 of the National Defense Authorization 
Act for Fiscal Year 2008, should be resolved by a prompt 
and fair settlement negotiated between the Government of 
Iraq and the Government of the United States. 
SEC. 1063. POLICY REGARDING APPROPRIATE USE OF DE-
PARTMENT OF DEFENSE RESOURCES. 
(a) POLICY.— 
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447 
(1) IN GENERAL.—Chapter 2 of Title 10, United 
States Code, is amended by inserting after section 
113a the following new section: 
‘‘§ 113b. Use of Department of Defense resources 
‘‘(a) POLICY.—The Secretary of Defense shall ensure 
that all resources of the Department of Defense are used 
only for activities that— 
‘‘(1) fulfill a legitimate Government purpose; 
‘‘(2) comply with all applicable laws, regula-
tions, and policies of the Department of Defense; and 
‘‘(3) contribute to the mission of the Department 
of Defense. 
‘‘(b) GUIDANCE.—The Secretary shall prescribe such 
guidance as is necessary to ensure compliance with the pol-
icy required under subsection (a) and to address any viola-
tions of the policy, including, as appropriate, any applica-
ble legal remedies.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 113a the 
following new item: 
‘‘113b. Use of Department of Defense resources.’’. 
(b) PROHIBITION ON USE OF FUNDS.—None of the 
funds authorized to be appropriated in this Act or otherwise 
available to the Department of Defense may be used— 
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(1) for any activity that does not comply with 
the policy established under section 113b of title 10, 
United States Code, as added by subsection (a), in-
cluding any improper activity involving— 
(A) transportation or travel (including use 
of Government vehicles); or 
(B) Department of Defense information 
technology resources; or 
(2) to pay the salary of any employee who en-
gages in an intentional violation of the policy estab-
lished under such section. 
SEC. 1064. EXECUTIVE AGENT FOR PREVENTING THE IN-
TRODUCTION OF COUNTERFEIT MICROELEC-
TRONICS INTO THE DEFENSE SUPPLY CHAIN. 
(a) EXECUTIVE AGENT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall designate a senior official of the Department of 
Defense to serve as the executive agent for preventing the 
introduction of counterfeit microelectronics into the defense 
supply chain. 
(b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.— 
(1) ESTABLISHMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall prescribe the roles, responsibil-
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ities, and authorities of the executive agent designated 
under subsection (a). 
(2) SPECIFICATION.—The roles and responsibil-
ities of the executive agent designated under sub-
section (a) shall include the following: 
(A) Development and maintenance of a 
strategy and implementation plan that ensures 
that the Department of Defense has the ability to 
identify, mitigate, prevent, and eliminate coun-
terfeit microelectronics from the defense supply 
chain. 
(B) Development of recommendations for 
funding strategies necessary to meet the require-
ments of the strategy and implementation plan 
developed under subparagraph (A). 
(C) Assessments of trends in counterfeit 
microelectronics, including— 
(i) an analysis of recent incidents of 
discovery of counterfeit microelectronics in 
the defense supply chain, including inci-
dents involving material and service pro-
viders; 
(ii) a projection of future trends in 
counterfeit microelectronics; 
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450 
(iii) the sufficiency of reporting mecha-
nisms and metrics within the Department 
of Defense and each component of the De-
partment of Defense; 
(iv) the economic impact of identifying 
and 
remediating 
counterfeit 
microelec-
tronics in the defense supply chain; and 
(v) the impact of counterfeit microelec-
tronics in the defense supply chain on de-
fense readiness. 
(D) Coordination of planning and activities 
with interagency and international partners. 
(E) Development and participation in pub-
lic-private partnerships to prevent the introduc-
tion of counterfeit microelectronics into the sup-
ply chain. 
(F) Such other roles and responsibilities as 
the Secretary of Defense considers appropriate. 
(c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.— 
The Secretary of Defense shall ensure that each component 
of the Department of Defense provides the executive agent 
designated under subsection (a) with the appropriate sup-
port and resources needed to perform the roles, responsibil-
ities, and authorities of the executive agent. 
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(d) REQUIRED ACTIONS.—The Secretary of Defense 
shall submit to the congressional defense committees— 
(1) not later than 180 days after the date of the 
enactment of this Act, a description of the roles, re-
sponsibilities, and authorities of the executive agent 
prescribed in accordance with subsection (b)(1); 
(2) not later than one year after the date of the 
enactment of this Act, a strategy for how the Depart-
ment of Defense will identify, mitigate, prevent, and 
eliminate counterfeit microelectronics within the de-
fense supply chain; and 
(3) not later than 18 months after the date of the 
enactment of this Act, an implementation plan for 
how the Department of Defense will execute the strat-
egy submitted in accordance with paragraph (2). 
(e) DEFINITIONS.—In this section: 
(1) COUNTERFEIT MICROELECTRONIC.—The term 
‘‘counterfeit microelectronic’’ means any type of inte-
grated circuit or other microelectronic component that 
consists of— 
(A) a substitute or unauthorized copy of a 
valid product from an original manufacturer; 
(B) a product in which the materials used 
or the performance of the product has been 
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changed without notice by a person other than 
the original manufacturer of the product; or 
(C) a substandard component misrepre-
sented by the supplier of such component. 
(2) EXECUTIVE
AGENT.—The term ‘‘executive 
agent’’ has the meaning given the term ‘‘DoD Execu-
tive Agent’’ in Department of Defense Directive 
5101.1, or any successor directive relating to the re-
sponsibilities of an executive agent of the Department 
of Defense. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
SEC. 1101. AUTHORITY FOR THE DEPARTMENT OF DEFENSE 
TO APPROVE AN ALTERNATE METHOD OF 
PROCESSING EQUAL EMPLOYMENT OPPOR-
TUNITY COMPLAINTS WITHIN ONE OR MORE 
COMPONENT ORGANIZATIONS UNDER SPECI-
FIED CIRCUMSTANCES. 
(a) AUTHORITY.—The Secretary of Defense may im-
plement within one or more of the component organizations 
of the Department of Defense an alternate program for proc-
essing equal employment opportunity complaints. 
(1) Complaints processed under the alternate 
program shall be subject to the procedural require-
ments established for the alternate program and shall 
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not be subject to the procedural requirements of part 
1614 of title 29 of the Code of Federal Regulations or 
other regulations, directives, or regulatory restrictions 
prescribed by the Equal Employment Opportunity 
Commission. 
(2) The alternate program shall include proce-
dures to reduce processing time and eliminate redun-
dancy with respect to processes for the resolution of 
equal employment opportunity complaints, reinforce 
local management and chain-of-command account-
ability, and provide the parties involved with early 
opportunity for resolution. 
(3) The Secretary may carry out the alternate 
program during a 5-year period beginning on the 
date of the enactment of this Act. Not later than 180 
days before the expiration of such period, the Sec-
retary shall submit to the Committees on Armed Serv-
ices of the House of Representatives and the Senate, 
a recommendation regarding whether the program 
should be extended for an additional period. 
(4)(A) Participation in the alternate program 
shall be voluntary on the part of the complainant. 
Complainants who participate in the alternate pro-
gram shall retain the right to appeal a final agency 
decision to the Equal Employment Opportunity Com-
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454 
mission and to file suit in district court. The Equal 
Employment Opportunity Commission shall not re-
verse a final agency decision on the grounds that the 
agency did not comply with the regulatory require-
ments promulgated by the Commission. 
(B) Subparagraph (A) shall apply to all cases 
filed with the Commission after the date of the enact-
ment of this Act and under the alternate program es-
tablished under this subsection. 
(C) The Secretary shall consult with the Equal 
Employment Commission in the development of the 
alternate program. 
(b) EVALUATION PLAN.—The Secretary of Defense 
shall develop an evaluation plan to accurately and reliably 
assess the results of each alternate program implemented 
under subsection (a), identifying the key features of the pro-
gram, including— 
(1) well-defined, clear, and measurable objectives; 
(2) measures that are directly linked to the pro-
gram objectives; 
(3) criteria for determining the program per-
formance; 
(4) a way to isolate the effects of the alternate 
program; 
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(5) a data analysis plan for the evaluation de-
sign; and 
(6) a detailed plan to ensure that data collection, 
entry, and storage are reliable and error-free. 
(c) REPORTS.—The Comptroller General shall submit 
to the Speaker of the House of Representatives and the 
President pro tempore of the Senate, two reports on the al-
ternate program. 
(1) CONTENTS OF REPORTS.—Each report shall 
contain the following: 
(A) A description of the processes tested by 
the alternate program. 
(B) The results of the testing of such proc-
esses. 
(C) Recommendations for changes to the 
processes for the resolution of equal employment 
opportunity complaints as a result of the alter-
nate program. 
(D) A comparison of the processes used, and 
results obtained, under the alternate program to 
traditional and alternative dispute resolution 
processes used in the Government or private in-
dustry. 
(2) DATES OF SUBMISSION.—The first of such re-
ports shall be submitted at the end of the 2-year pe-
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456 
riod beginning on the date of the enactment of this 
Act. The second of such reports shall be submitted at 
the end of the 4-year period beginning on the date of 
the enactment of this Act. 
SEC. 1102. CLARIFICATION OF AUTHORITIES AT PER-
SONNEL DEMONSTRATION LABORATORIES. 
(a) CLARIFICATION
OF APPLICABILITY
OF DIRECT 
HIRE AUTHORITY.—Section 1108 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4618; 10 U.S.C. 1580 note) 
is amended— 
(1) in subsection (b), by striking ‘‘identified’’ 
and all that follows and inserting ‘‘designated by sec-
tion 1105(a) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2486) as a Department of Defense science and 
technology reinvention laboratory.’’; and 
(2) in subsection (c), by striking ‘‘2 percent’’ and 
inserting ‘‘4 percent’’. 
(b) CLARIFICATION OF APPLICABILITY OF FULL IM-
PLEMENTATION REQUIREMENT.—Section 1107 of the Na-
tional Defense Authorization Act for Fiscal Year 2008 (Pub-
lic Law 110–181; 122 Stat 357; 10 U.S.C. 2358 note) is 
amended— 
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(1) in subsection (a), by striking ‘‘that are ex-
empted by’’ and all that follows and inserting ‘‘des-
ignated by section 1105(a) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2486) as Department of Defense 
science and technology reinvention laboratories.’’; and 
(2) in subsection (c), by striking ‘‘as enumerated 
in’’ and all that follows and inserting ‘‘designated by 
section 1105(a) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat 2486) as a Department of Defense science and 
technology reinvention laboratory.’’. 
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall take effect as of October 28, 2009. 
SEC. 1103. SPECIAL RULE RELATING TO CERTAIN OVER-
TIME PAY. 
(a) IN GENERAL.—Section 5542(a) of title 5, United 
States Code, is amended by adding at the end the following: 
‘‘(6)(A) Notwithstanding paragraphs (1) and (2), for 
an employee who is described in subparagraph (B), and 
whose rate of basic pay exceeds the minimum rate for GS– 
10, the overtime hourly rate of pay is an amount equal 
to one and one–half times the hourly rate of basic pay of 
the employee, and all that amount is premium pay. 
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panel shall submit to the Secretary of Defense a 
written report containing an assessment of the 
adequacy of the master plan referred to in para-
graph (1)(A) and the recommendations of the 
panel to improve the plan. 
(B) ADDITIONAL REPORTS.—Not later than 
February 28, 2011, and February 29, 2012, the 
panel shall submit to the Secretary of Defense a 
report on the findings and recommendations of 
the panel to address any deficiencies identified 
by the panel. 
(6) ASSESSMENT
OF
RECOMMENDATIONS.—Not 
later than 30 days after the date of the submission of 
each report under paragraph (5), the Secretary of De-
fense shall submit to the congressional defense com-
mittees a report including— 
(A) an assessment by the Secretary of the 
findings and recommendations of the panel; and 
(B) the plans of the Secretary for address-
ing such findings and recommendations. 
(7) TERMINATION.—The panel shall terminate 
on September 30, 2015. 
(c) DEFINITIONS.—In this section: 
(1) NATIONAL CAPITAL REGION.—The term ‘‘Na-
tional Capital Region’’ has the meaning given the 
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